Terms of Service

1. Acceptance and Changes

By creating an account, signing in, purchasing Holofoil Credit, opening a pack, or otherwise using the Platform, you agree to these Terms, our Privacy Policy, and any product rules, pull-rate disclosures, promotion rules, or other terms we show you on the Platform (“Product Rules”), which are part of these Terms. If a Product Rule conflicts with these Terms, the Product Rule controls for that product. If you do not agree, do not use the Platform.

We may change these Terms. When we do, we will update the date above, and for material changes we will give reasonable notice, such as by email or a notice on the Platform. Changes take effect when posted unless we say otherwise, and they apply going forward, not to disputes that arose before the change. Your continued use after a change takes effect means you accept it. Changes to Section 22 are handled as described in that Section. Each time you buy Holofoil Credit or open a pack, you reaffirm your agreement to the Terms in effect at that time.

2. Eligibility

To create an account or use the Platform, you must:

• be at least 18 years old and the age of majority where you live, whichever is higher;
• live in, and access the Platform from, the United States or Canada (we may limit any product in any state, province, or territory);
• not be located in, or a resident or national of, a country or region subject to U.S. or Canadian sanctions, and not be on any government restricted-party list;
• not have been previously suspended or removed from the Platform; and
• be legally able to enter into a binding contract.

Products are void where prohibited. You are responsible for knowing whether your use of the Platform is lawful where you live. We may ask you to verify your age, identity, address, or payment method at any time, including through third-party verification providers, and may restrict your account until you do. If we believe an account is held by someone under 18, we may close it and handle any balance as required by law.

3. Your Account

You may sign in with an emailed one-time code or a supported third-party sign-in such as Google, Discord, or Facebook. You must give accurate information and keep it current, including your name and shipping address. Your account is personal to you: you may not sell, share, transfer, or let anyone else use it.

One account per person. You may hold only one account. You may not create or control accounts for other people, including family or household members, or use another person’s identity, email, or payment method. If we determine that accounts are controlled by the same person or are working together, we may treat them as a single account, merge or close them, and reverse credits, bonuses, promotions, or results obtained through the extra accounts.

You are responsible for everything that happens under your account, and for keeping your email inbox, sign-in providers, and devices secure. Tell us right away at [email protected] if you think your account has been accessed without permission. We may refuse or change usernames, profile details, or binder content that are misleading, infringing, offensive, or impersonate someone else.

4. Holofoil Credit and Payments

What Holofoil Credit is

Holofoil Credit (also called store credit or your balance) is a prepaid, closed-loop credit that can be used only on the Platform, for example to open packs or pay for shipping. Holofoil Credit is not money, a deposit, a bank account, or an investment; it earns no interest; and it has no cash value except where the law requires otherwise. It cannot be withdrawn, cashed out, sold, or transferred to another account or person. Holofoil does not offer cash payouts for sell-backs, vault conversions, promotions, or returns. We will not reduce your purchased Holofoil Credit because of inactivity, but we may handle long-dormant balances as required by unclaimed-property laws.

Purchases are final

Purchases of Holofoil Credit are final and non-refundable once the credit is delivered to your account, except where a refund is required by law or we choose, in our discretion, to issue one. A pack is a final sale once it is opened.

Payments

Payments are processed by third-party payment processors such as Stripe, and you also agree to their terms. You must use a payment method that you are authorized to use and that is issued in your name. You authorize us and our processors to charge the amount you approve plus any applicable taxes. We accept payments only from supported countries and payment methods, and we may limit, delay, review, or decline any payment, set purchase limits, or require a particular payment method to protect you and the Platform.

If a payment is refunded, reversed, disputed, or charged back, we may remove the related Holofoil Credit and any bonus credit attached to it, reverse or hold related packs, sell-backs, vault items, and shipments, and restrict your account while we review it. If your balance is not enough to cover the reversal, the shortfall is a debt you owe us.

Taxes

Prices may not include taxes. You are responsible for any taxes, duties, or reporting that apply to your purchases, sell-backs, or prizes, other than taxes on our own income.

5. Packs and Pull Rates

A pack is a purchase of real, physical trading cards. Every pack contains at least one card, and each product page shows what the pack contains, its price, and its current pull rates before you buy. When you open a pack, the cards you receive are the ones shown on the reveal screen, subject to Section 9. The contents of a pack are determined by our systems, not by the opening animation: reveal animations, sounds, and effects are for presentation only and do not affect which cards you receive. If your connection drops during an opening, the cards are still added to your vault.

• Pull rates describe the product as currently configured. They are calculated from our pack configuration and update as that configuration, our inventory, and market prices change. A pull rate describes how often a card or tier appears across a large number of packs; it is not a promise about any single pack or any series of packs, and short-run results will vary.
• Values shown are estimates. Card values, pack values, and value tiers are based on market data at a point in time (see Section 8). Receiving cards worth less than the pack price is a normal and expected outcome. Packs are sold as collectibles for entertainment, not as an investment, and you should never buy a pack expecting to make money.
• Bulk and guaranteed cards. Some packs include bulk cards or a guaranteed card type (for example a set-specific rare). These are part of the pack’s contents and may be delivered as specific cards or credited at their stated value, as described on the product page.
• Substitutions. If a card you receive is unavailable, damaged, misidentified, or cannot be fulfilled, we may replace it with the same card in comparable condition, a card of equal or greater market value, or Holofoil Credit equal to the card’s market value at the time of the pack opening (or the price you paid for the pack, if greater), at our choice. This is your sole remedy for an unavailable card.
• Condition. Unless a product says a card is graded, cards are raw (ungraded) and sold in near-mint or better condition as determined by us. Card images are illustrations; minor print, centering, and surface variation is normal.
• Availability. We may change, pause, sell out, retire, or reprice any product or pack at any time, including before every possible card has been pulled.

6. Rarity Runs, Party Packs, Slab Packs, and Other Products

Some products have their own Product Rules shown on the product page, which you accept when you buy. In particular:

• Rarity Runs open packs in sequence until a target rarity appears. The full price, and any minimum number of packs, is charged up front. A run ends when its stated condition is met, and the number of packs in a run varies.
• Party Packs are group products in which a fixed set of cards is sealed into a set number of packs and each participant takes one pick. Picks are final once made.
• Slab Packs contain cards graded by independent grading companies (such as PSA, CGC, or Beckett). The grade, label, and certification are the grading company’s opinion; we do not guarantee them, and we are not responsible for a grading company’s errors, label changes, or population reports.
• Custom or builder products let you choose cards that can appear, at a price shown before you buy. The selection changes the price and the pull rates, not the fact that results are random.

7. Simulation and Demo Experiences

Some experiences let you try a product without paying (“simulation” or demo mode). Simulated results have no value, are never added to your vault, cannot be redeemed or shipped, and may not reflect the current live product. Before opening a live pack, make sure you are in the mode you intend.

8. Card Values and Pricing

We set card values, pack prices, and sell-back values using our own methods, which draw on third-party market data, recent sales, our inventory, and other inputs. Our values may differ from prices on other marketplaces, price guides, or past sales, and they may change at any time without notice, including between the moment you buy a pack and the moment you sell back or ship a card. We do not disclose our pricing models, and our determination of a card’s value is final, subject to Section 9.

Market data, population reports, and insights on the Platform are provided for information and entertainment only. They are not financial, investment, tax, legal, or grading advice.

9. Obvious Errors, Bugs, and Malfunctions

The Platform relies on software, third-party data, and human operators, and mistakes can happen. You agree that you are not entitled to keep a benefit that results from an obvious error or a malfunction, and that we may correct it as described here.

What counts as an obvious error

An “Obvious Error” is any result, price, value, or balance that is clearly wrong, including:

• a card, pack, or sell-back value that is materially different from the card’s prevailing market value because of a data feed error, mismatched card, stale or corrupted price, or sudden pricing spike or drop that does not reflect the real market;
• a pack, product, or shipping price that is obviously wrong, such as a price far below its normal or intended level;
• a card revealed that is not part of the product, is not in our inventory, was revealed or credited twice, or was assigned to the wrong account;
• Holofoil Credit, bonus credit, promotions, referral rewards, or sell-back proceeds credited in error, credited more than once, or credited in an amount different from the stated terms;
• misstated pull rates, pack contents, or product rules caused by a technical or human error; and
• any other outcome that a reasonable person would recognize as unintended.

Malfunctions

A “Malfunction” is any software bug, outage, interrupted connection, duplicate request, race condition, display error, or failure of our systems or a vendor’s systems that affects a purchase, pack opening, reveal, sell-back, vault action, conversion, shipment, or balance. A Malfunction voids the affected purchases, pack openings, and results. If a reveal is interrupted, the result recorded on our servers controls over anything displayed on your device.

What we may do

If we identify an Obvious Error or Malfunction, before or after the fact, we may, in our reasonable discretion: void or cancel the affected transaction; re-run, re-price, or correct the result; adjust the sell-back or conversion to the correct value; reverse or debit Holofoil Credit; remove or replace affected cards from your vault; cancel or hold a pending shipment; and, if an affected card has already shipped, ask you to return it or pay its correct value. Where we void a paid pack, we will return the Holofoil Credit you spent on it. We will use reliable market data, our records, and our server logs to determine the correct result, and we will tell you what we changed.

You agree to tell us promptly if you notice an Obvious Error or Malfunction. Knowingly using, repeating, or profiting from one, or failing to report one you knew about, is a violation of these Terms (see Section 14) and may result in suspension and loss of any benefit obtained.

10. The Vault and Automatic Conversion

Cards you receive are held in our vault for you until you ship them, sell them back, or they are converted under this Section. While a card is in the vault, we store it at our expense and bear the risk of its loss or damage; if a vaulted card is lost or damaged, our only obligation is to replace it with the same card in comparable condition or credit you its market value. Vault holds are meant to be short-term, and the vault is not a long-term storage, custody, or investment service.

Automatic conversion after 30 days

Cards left in your vault for more than 30 days may be automatically converted to Holofoil Credit, which you can use to open packs or for anything else Holofoil Credit can be used for on the Platform. A conversion credits you the card’s sell-back value shown on the Platform at the time of conversion and is otherwise treated like a sell-back you made yourself. The 30 days are counted from the date the card entered your vault. We may (but are not required to) send you a reminder before converting. Cards in a paid, pending shipment request are not converted while that request is open.

By using the vault, you authorize and instruct us to convert vaulted cards on your behalf under this Section and agree that a converted card becomes Holofoil’s property. If you want to keep a card, request shipment before the 30-day period ends. We may extend the vault period for any card, account, or product, or exclude items from conversion, at our discretion, and doing so once does not waive our right to convert later.

Closing, inactivity, and wind-down

If your account is closed or suspended, or if we stop offering the vault, cards remaining in your vault may be converted to Holofoil Credit or handled as described in Section 17. Any remaining Holofoil Credit will be handled as required by law.

11. Sell-Backs

When offered for a card, you may sell it back to Holofoil for Holofoil Credit at the sell-back value shown at that moment. Sell-back values are a percentage of our estimated market value as described on the Platform; they are not based on what you paid for the pack. A sell-back is final once confirmed and the card becomes Holofoil’s property, which we may reuse in future products. We may change the sell-back rate, set time limits on sell-back offers, or pause, limit, or decline sell-backs for any card, product, or account, including when market data is unreliable or a card is under review. Sell-backs are subject to Section 9.

12. Shipping

• We currently ship only to addresses in the United States and Canada. You must give a complete, accurate address you can receive packages at; we are not responsible for packages sent to an address you provided.
• Shipping prices, carriers, insurance, and signature options are shown before you pay and may change before checkout is complete. Delivery dates are estimates.
• We may combine, split, delay, or hold shipments, and may require identity, address, or payment verification before shipping. Shipment requests may not be changed or cancelled once a label is purchased.
• Title to a card and risk of loss pass to you when we hand the package to the carrier. If you buy insurance or we otherwise insure a shipment, claims are handled under the carrier’s or insurer’s terms and are limited to the lower of the declared value and the card’s market value; we will help you file a claim but do not guarantee its outcome.
• You must report a missing, damaged, or incorrect shipment to [email protected] within 10 days of the delivery date (or the expected delivery date, if it never arrives), with photos where relevant, or the shipment is deemed accepted as delivered.
• Shipments to Canada and other cross-border shipments may be subject to customs duties, taxes, and brokerage fees, which you pay. A package refused or returned because of unpaid charges or a bad address may incur return and reshipping costs, which we may deduct from your balance.
• Packages returned to us as undeliverable may be returned to your vault, and are then subject to Section 10.

13. Promotions, Referrals, and Bonus Credit

We may offer bonus credit, discounts, referral rewards, giveaways, sign-up or community rewards, or other promotions. Unless the promotion says otherwise: promotional benefits have no cash value; may be limited to one per person, household, payment method, or device; may expire as stated; cannot be transferred or combined; and are used after or before purchased credit as the Platform specifies. We may change, end, or void any promotion, and reverse any benefit that was issued in error, obtained by violating these Terms or the promotion’s rules (including through self-referrals, multiple accounts, or fake sign-ups), or tied to a payment that is later reversed. Giveaways are subject to their own official rules and are void where prohibited.

14. Prohibited Conduct

You agree not to:

• create or use more than one account, or use another person’s account, identity, or payment method;
• use stolen, unauthorized, or fraudulent payment methods, or file a payment dispute for a transaction you authorized;
• exploit, repeat, or profit from an Obvious Error, Malfunction, or vulnerability, or fail to report one you know about;
• manipulate or try to predict or influence pack contents, pull rates, prices, sell-back values, inventory, or reveals;
• use bots, scripts, automated purchasing, scraping, or any automated access we have not approved in writing;
• probe, bypass, tamper with, or replay security, session, payment, webhook, or anti-fraud controls, or reverse engineer the Platform;
• use a VPN, proxy, or other tool to hide your location or identity, or to access the Platform from an unsupported location;
• abuse promotions or referrals, including self-referral and coordinated sign-ups;
• harass, threaten, or impersonate others, including Holofoil staff, or post unlawful or infringing content;
• resell access to your account or use the Platform on behalf of someone else; or
• use the Platform for money laundering, sanctions evasion, or any other unlawful purpose.

15. Fraud, Chargebacks, and Investigations

We use automated and manual tools to protect the Platform from fraud and abuse, as described in our Privacy Policy. Based on those tools, we may limit purchase amounts or payment methods, delay or review transactions, require verification, or hold balances, vault items, and shipments while we investigate. If we find a violation of these Terms, we may reverse the related credits, results, sell-backs, and promotions, recover the value of any cards shipped, close the account, and report the activity to payment processors and law enforcement.

If you have a problem with a charge, please contact us first; we can usually resolve it faster than your bank. If you file a chargeback or payment dispute for a transaction you authorized or that was made by someone in your household, we may contest it with our records, suspend your account while it is pending, and reverse the related credit and results.

16. Purchasing Responsibly

Holofoil is meant to be fun. Only spend what you can comfortably afford, and never spend money you need for essentials or keep buying to make up for past results. If you would like a spending limit, a break, or to close your account, email [email protected] and we will help. We may also set or lower limits on an account, or decline purchases, if we believe it is in your interest. Offering these tools does not mean we monitor your spending or create a duty to do so; you are responsible for your own purchasing decisions.

17. Suspension, Termination, and Closing Your Account

You may close your account at any time by contacting us. We may suspend, restrict, or close your account, or refuse service, at any time if we believe you have violated these Terms, created risk or possible legal exposure for us or other users, or engaged in fraudulent, abusive, or unlawful conduct, or if we stop offering the Platform.

When an account is closed for a reason other than a violation of these Terms, you may ship your vaulted cards (paying shipping) within the time we tell you; any cards not shipped by then may be converted to Holofoil Credit under Section 10. If we close an account for a violation of these Terms, we may reverse or forfeit Holofoil Credit, promotional credit, vault items, and results tied to the violation, to the extent permitted by law. Sections that by their nature should survive termination (including Sections 4, 8 through 11, 15, and 18 through 24) survive.

18. Intellectual Property and Your Content

The Platform, including our software, design, text, graphics, and branding, is owned by Holofoil or its licensors. We grant you a limited, revocable, non-exclusive, non-transferable license to use the Platform for your personal, non-commercial use under these Terms. Holofoil is an independent company and is not endorsed by, sponsored by, or affiliated with The Pokémon Company, Nintendo, Game Freak, Creatures, or any grading company. Pokémon names, card images, and related marks belong to their owners and are used to identify the physical cards we sell.

Content you share with us

“Your Content” means anything you post, submit, or send to Holofoil or share in our community spaces, including reviews, testimonials, photos and videos of your cards or orders, binders, usernames, comments, support messages, and posts in our Discord server or on social media where you tag or mention Holofoil or submit content to us (for example, to earn a review or photo reward).

You keep ownership of Your Content. By sharing it, you grant Holofoil and its affiliates a worldwide, perpetual, irrevocable, royalty-free, fully paid, transferable, and sublicensable license to use, copy, reproduce, edit, crop, adapt, translate, publish, display, distribute, and create derivative works from Your Content, in whole or in part, in any media now known or later developed, for any purpose, including advertising, marketing, and promoting Holofoil on our Platform, in email, on social media, and in paid ads. This includes the right to show your username or the name you post under, and any likeness or voice that appears in Your Content, alongside it. We may also note any reward you received for sharing it. You will not be paid for these uses beyond any reward we offered, and we are not required to use Your Content or to credit you.

You confirm that you own or have permission to share Your Content and to grant this license, that it does not infringe anyone else's rights, and that anyone shown in it has agreed to be included. To the extent the law allows, you waive any moral rights or rights of publicity in Your Content as used under this license. If you would rather we stop featuring a particular post in new marketing, email [email protected] and we will consider your request; this does not affect content already published or the license above.

You are responsible for Your Content. If you believe content on the Platform infringes your rights, email [email protected] with the details required by the Digital Millennium Copyright Act.

19. Third-Party Services

The Platform relies on third-party services, including payment processors, sign-in providers, carriers, address tools, market-data providers, and community platforms such as Discord. Their services are governed by their own terms, and we are not responsible for their availability, accuracy, or conduct. Links to other sites are for convenience only.

20. Disclaimers

To the fullest extent permitted by law, the Platform, all products, and all content are provided “as is” and “as available,” without warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, or that the Platform will be uninterrupted, secure, or error-free. We do not warrant any card value, market price, pull outcome, grade, or that any card will hold or gain value.

Some jurisdictions do not allow certain disclaimers, so some of the above may not apply to you. Nothing in these Terms limits rights you have under consumer protection laws that cannot be waived.

21. Limitation of Liability and Indemnity

To the fullest extent permitted by law, Holofoil and its owners, employees, agents, and suppliers will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, lost value, lost data, or loss of goodwill, arising from or related to the Platform or these Terms, even if advised of the possibility. Our total liability for all claims related to the Platform or these Terms will not exceed the greater of (a) the amount you paid us for Holofoil Credit in the six months before the event giving rise to the claim, or (b) one hundred U.S. dollars ($100).

These limits do not apply to liability that cannot be limited by law, such as for fraud, gross negligence, or willful misconduct. You agree to indemnify and hold harmless Holofoil and its owners, employees, and agents from any claims, losses, and costs (including reasonable attorneys’ fees) arising from your misuse of the Platform, your violation of these Terms, or your violation of law or someone else’s rights.

22. Dispute Resolution and Arbitration

Talk to us first

Most concerns can be resolved quickly by emailing [email protected]. Before starting arbitration or a small-claims case, you and we each agree to send the other a written notice describing the dispute and the relief sought (to us at [email protected]; to you at the email on your account), and to try in good faith to resolve it for 60 days. Deadlines to bring a claim are paused during that time.

Binding individual arbitration

If we cannot resolve it, you and Holofoil agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Platform (including whether this Section applies or is enforceable) will be resolved by binding individual arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules, before a single arbitrator. The Federal Arbitration Act governs this Section. The arbitration may be held by video, phone, or written submissions, or in person in the county where you live. For claims under $10,000 that are not frivolous, we will pay the AAA filing, administration, and arbitrator fees beyond what you would pay to file in court. The arbitrator may award the same individual relief a court could, but only to you individually.

Exceptions

Either party may bring an individual claim in small-claims court if it qualifies, and either party may seek court relief to stop infringement or misuse of intellectual property or unauthorized access to the Platform.

Class action and jury trial waiver

You and Holofoil each waive the right to a jury trial and to participate in a class action, class arbitration, or representative action. Claims may be brought only individually, and no arbitrator or court may consolidate claims of more than one person.

If this waiver is found unenforceable for a particular claim or remedy, that claim or remedy (and only that one) will be severed and decided in court after the arbitrable claims are resolved.

Mass filings

If 25 or more similar demands are filed against us by the same or coordinated counsel or organizations, they will be administered in batches of up to 25, with one batch proceeding at a time, the other demands held (with deadlines paused), and the parties mediating in good faith after the first batch is decided. The AAA’s mass-arbitration rules and fees apply to the extent consistent with this Section.

Opting out

You may opt out of this arbitration agreement by emailing [email protected] from the email on your account within 30 days after you first accept these Terms, with the subject line “Arbitration Opt-Out” and your name. Opting out does not affect any other part of these Terms. If we make a material change to this Section, you may reject it by emailing us within 30 days of the change, and the previous version will continue to apply to you.

Time limit

To the extent permitted by law, any claim must be brought within one year after it arises, or it is permanently barred.

Canada and Québec

If you live in Canada, this Section applies only to the extent permitted by the laws of your province. If you live in Québec, this Section (other than the informal resolution step) does not apply to you, and you may bring a claim in the courts of Québec.

23. Governing Law

These Terms are governed by the laws of the State of Oregon and applicable U.S. federal law, without regard to conflict-of-law rules, except that the Federal Arbitration Act governs Section 22 and the mandatory consumer protection laws of your state or province continue to apply to you. Any matter not subject to arbitration will be brought exclusively in the state or federal courts located in Oregon, except where your local law gives you the right to sue where you live.

24. General Terms

• Force majeure. We are not responsible for delays or failures caused by events beyond our reasonable control, such as outages of vendors, carriers, or payment networks, natural disasters, labor disputes, or government action.
• Assignment. You may not assign or transfer these Terms or your account. We may assign these Terms, including in a merger, acquisition, or sale of assets.
• Notices. We may send notices to the email on your account or post them on the Platform, and you agree to receive communications from us electronically.
• Severability and waiver. If any part of these Terms is unenforceable, the rest remains in effect. Our failure to enforce a provision is not a waiver.
• Entire agreement. These Terms, the Privacy Policy, and the Product Rules are the entire agreement between you and Holofoil about the Platform. Headings are for convenience only, and “including” means “including without limitation.”
• Language. The parties have requested that these Terms be drawn up in English. Les parties ont exigé que ces conditions soient rédigées en anglais.

25. Contact

Questions about these Terms can be sent to First Edition TCG LLC (Holofoil) at [email protected].