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Stash Terms of Service

Last Updated: {{EFFECTIVE_DATE}}

Please read these Terms of Service (the “Terms”) and our Privacy Notice, available at {{PRIVACY_NOTICE_URL}} (“Privacy Notice”), carefully because they govern your use of the website located at stashrips.com (the “Site”) and the corresponding Stash mobile application (“App”) offered by Stash Group LLC (“Stash,” “we,” “us,” or “our”). The Site and App allow you to purchase fixed-price digital packs (each, a “Pack”), each of which results in the allocation to you of one or more physical trading cards (each, a “Card”) selected from the possibilities, and at the odds, shown before purchase, and to request shipment of, or sell back to us, the Cards allocated to you. To make these Terms easier to read, the Site, our services and App are collectively called the “Services.”

NOTICE ON ELIGIBILITY – EXCLUDED JURISDICTIONS: THE SERVICES ARE OFFERED ONLY TO INDIVIDUALS WHO HAVE REACHED THE MINIMUM AGE AND WHO RESIDE IN, AND ARE LOCATED IN, THE UNITED STATES OUTSIDE THE EXCLUDED JURISDICTIONS (EACH AS DEFINED IN SECTION 4). NO PLATFORM CREDIT OR PACK MAY BE PURCHASED FROM ANY EXCLUDED JURISDICTION.

WE DO NOT MAKE EXCEPTIONS. THEREFORE, IF YOU RESIDE IN OR ARE LOCATED IN AN EXCLUDED JURISDICTION, THEN DO NOT ATTEMPT TO USE THE SERVICES OR ACCESS THE SERVICES VIA A VIRTUAL PRIVATE NETWORK (“VPN”) OR ANY OTHER SIMILAR MEANS INTENDED TO CIRCUMVENT THE RESTRICTIONS SET FORTH HEREIN.

IMPORTANT NOTICE REGARDING ARBITRATION: WHEN YOU AGREE TO THESE TERMS YOU ARE AGREEING (WITH LIMITED EXCEPTION) TO RESOLVE ANY DISPUTE BETWEEN YOU AND STASH THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. PLEASE REVIEW CAREFULLY SECTION 22 “DISPUTE RESOLUTION” BELOW FOR DETAILS REGARDING ARBITRATION.

1. Agreement to Terms

By using our Services, you agree to be bound by these Terms. If you don’t agree to be bound by these Terms, do not use the Services.

Certain aspects of the Services, including each Pack and each reward or promotion, are subject to additional terms and conditions specified by us from time to time, which are hereby incorporated into these Terms by reference (collectively, “Additional Terms”). The Additional Terms include, without limitation, the Pack Disclosure (as defined in Section 6(b)) displayed for each Pack at the time of purchase and the terms of each Offer (as defined in Section 12). The Pack Disclosure in effect at the time of a purchase controls as to the matters it discloses for that purchase, and these Terms control over any other conflicting Additional Terms.

2. Privacy Notice

Please review our Privacy Notice, which also governs your use of the Services, for information on how we collect, use and share your information.

3. Changes to these Terms or the Services

We may update the Terms from time to time in our sole discretion. If we do, we’ll let you know by posting the updated Terms on the Site and in the App, and, for material changes, we will notify you in advance by email, text message, push notification, or in-app message. It’s important that you review the Terms whenever we update them or you use the Services. If you continue to use the Services after the updated Terms take effect it means that you accept and agree to the changes. If you don’t agree to be bound by the changes, you may not use the Services anymore. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion. If we stop offering a feature that affects your balances or Cards, we will give you a reasonable way to withdraw eligible Sale Proceeds (as defined in Section 8(c)) and to ship or sell eligible Cards.

No change to these Terms or any Pack Disclosure will apply to a Pack purchased before the change takes effect, and no change will reduce the Buyback Rate, shorten the Holding Period, or otherwise diminish your rights with respect to any Card allocated to you before the change takes effect. Changes to title and risk of loss apply only to purchases made after the change takes effect.

4. Who May Use the Services?

(a) Eligibility. You may use the Services only if you (i) are an individual who has reached the Minimum Age and is capable of forming a binding contract with Stash; (ii) reside in, and are physically located in, one of the fifty states of the United States or the District of Columbia, other than an Excluded Jurisdiction; (iii) have a mobile phone number in your own name; (iv) use only payment methods and payout accounts in your own name; (v) are not a person with whom Stash is prohibited from transacting under applicable sanctions laws; (vi) have not previously been banned from the Services; and (vii) are not otherwise barred from using the Services under applicable law. “Minimum Age” means eighteen (18) years of age, except that it means nineteen (19) years of age if you reside in Alabama or Nebraska, twenty-one (21) years of age if you reside in Mississippi, and, if the age of majority in your state of residence is higher than the age stated in this sentence, that age of majority.

(b) Excluded Jurisdictions. “Excluded Jurisdiction” means each jurisdiction in which Stash does not offer the Services, as identified on the Services and updated from time to time. The Services are not offered in any Excluded Jurisdiction. You may not access or use the Services, purchase Platform Credit or a Pack, or accept a Buyback (as defined in Section 8(a)) while you reside in or are located in an Excluded Jurisdiction. Any purchase made in violation of this Section 4(b) is void, and Stash will cancel the purchase and, as applicable, refund the amount paid to your original payment method or credit it back to the balance from which it was paid, except as otherwise required by applicable law. If the jurisdiction in which you reside becomes an Excluded Jurisdiction, you may continue to withdraw Sale Proceeds and to request shipment of Cards already allocated to you, but you may not purchase Platform Credit or Packs.

(c) Location Verification. We verify your location each time you access the Services using network information, such as your IP address, together with tools designed to detect virtual private networks and proxies. The App does not collect your device’s GPS location. In order to protect the integrity of the Services, we reserve the right, at any time, in our sole discretion, to block access to the Services from certain IP addresses, unique device identifiers, and payment instruments. You may not use a VPN, proxy, location-spoofing tool, or any other means to disguise or change your location.

(d) Identity Verification. Before your first withdrawal of Sale Proceeds and before your first request to ship a Card, you must complete verification of your identity and age through the Services (“Identity Verification”) using our third-party compliance vendors and/or third-party payment processors. We may require additional verification at any time, including when your activity exceeds thresholds we set, when a request is flagged for risk review, and periodically, and we may request tax information from you. We screen Account holders against applicable sanctions lists. We may suspend purchases, Buybacks, withdrawals, and shipments until any required verification is complete.

(e) Your Account. To purchase Platform Credit or a Pack you’ll need an account (“Account”), which you create and access using a mobile phone number verified by a one-time code. When you register, you must enter your date of birth, and we will not open an Account for anyone who has not reached the Minimum Age. It’s important that you provide us with accurate, complete and current Account information and keep this information up to date. If you don’t, we might have to suspend or terminate your Account. To protect your Account, keep your Account credentials, and access to your mobile phone number and device, confidential, and notify us right away at [email protected] of any unauthorized use. You’re responsible for all activities that occur under your Account, including activity by anyone using your device. Accounts are personal and may not be shared, sold, or transferred. You may maintain only one Account, and we use duplicate-account and device checks to enforce this limit.

5. Platform Credit, Your Account, and Payments

(a) Purchasing Platform Credit. You may purchase credits that can be used in our platform (“Platform Credit”) by payment card, Apple Pay, Google Pay, or ACH bank transfer through the Payment Service Provider (as defined in Section 5(b)). Use of Platform Credits may be subject to the limits described in Section 11. You authorize the Payment Service Provider to charge your payment method for each purchase of Platform Credit you request.

(b) Payment Service Provider. Stash uses a third-party payment service provider, together with its affiliates and the banks and other financial institutions with which it works (collectively, the “Payment Service Provider”), to process payments and to hold and transfer funds in connection with the Services. Funds you pay for Platform Credit are received and held by the Payment Service Provider, and every transfer of funds to or from your balances, including each withdrawal of Sale Proceeds, is executed by the Payment Service Provider. Stash receives funds only in payment of Pack Prices and Shipping Charges, and it pays Sale Proceeds to your Account and processes withdrawals through the Payment Service Provider. The Payment Service Provider acts as Stash’s agent for the limited purpose of receiving your payments for Packs and Shipping Charges, and each such payment is treated as received by Stash when it is debited from your balance, even if the Payment Service Provider does not remit it to Stash. The Payment Service Provider may require you to complete its own identity verification, and your use of its services is subject to its terms of service and privacy policy, available at [insert pass through terms if applicable].

(c) Your Balances. Your Account may hold three separate balances, each denominated in U.S. dollars: (i) Platform Credit; (ii) Promotional Credit (as defined in Section 12(b)); and (iii) Sale Proceeds. Your Account statements identify the source of each amount.

(d) Platform Credit. Platform Credit may be used only to purchase Packs and to pay Shipping Charges (as defined in Section 9(b)). Platform Credit is a prepaid, closed-loop balance for use only on the Services; it is not cash or a bank deposit, does not bear interest, and is not insured by the Federal Deposit Insurance Corporation, and, except as required by applicable law, it may not be withdrawn, redeemed for cash, or transferred to another person or Account.

(e) Account and Withdrawals. Your Account is credited only with Sale Proceeds, including Sale Proceeds from Automatic Buybacks (as defined in Section 7(b)) and credits under Section 7(d); purchases of Platform Credit are never credited to your Account. You may withdraw Sale Proceeds after you complete Identity Verification. Withdrawals are made through the Payment Service Provider only to a payout account in your own name, such as a bank account (by standard or instant transfer) or an eligible debit card. The minimum withdrawal is $5.00We may suspend, hold, or decline or reverse withdrawals that appear fraudulent or erroneous, and withdrawals are subject to anti-money-laundering and sanctions screening by Stash or the Payment Service Provider. Completed withdrawals are final, and you are responsible for entering correct payout details. Except for Sale Proceeds and any refund required by law, no part of your balances may be withdrawn.

(f) Fees. Fees, such as Shipping Charges and any fee for an instant withdrawal, are shown before you confirm a transaction. No fee is charged for a Buyback, including an Automatic Buyback. We may change fees for future transactions.

(g) Reversed Payments. If a payment for Platform Credit is reversed, charged back, or found to be unauthorized, we or the Payment Service Provider may reverse the corresponding credit to your balance and suspend your Account while we review the matter.

(h) Account Closure; Inactivity; Unclaimed Balances. You may request deletion of your Account in the App. A deletion request blocks new purchases and starts a closure review, during which we will help you withdraw eligible Sale Proceeds, ship or sell eligible Cards, and request any refund the law requires before your Account is closed. Nothing is forfeited automatically. We may notify you and report and remit unclaimed balances to the appropriate state where required by law.

6. Purchasing and Opening Packs

(a) Pack Purchases. Each purchase of a Pack is a completed, fixed-price purchase of the Card or Cards allocated to you from that Pack. The price stated for a Pack (the “Pack Price”) is the price of the Cards allocated to you and is not paid for any entry, chance, or opportunity to receive anything other than those Cards. Every Pack results in the allocation of at least one Card, and no Pack is empty. Buying a Pack gives you the rights in the Cards allocated to you that are described in Section 7.

(b) Pack Disclosure. Before you purchase a Pack, the Services display on the purchase screen, or through a link on that screen, the following information for that Pack (collectively, the “Pack Disclosure”): (i) the Pack Price; (ii) the number of Cards the Pack allocates; (iii) the value categories into which the Cards eligible for allocation are grouped and the probability that an opening allocates a Card from each value category; (iv) the Minimum Card Value (as defined in Section 6(c)); and (v) the highest Market Value (as defined in Section 10(d)) of any Card then eligible for allocation, which will not exceed twenty (20) times the Pack Price. The Pack Disclosure is generated from the table of probabilities actually used to allocate Cards from that Pack (the “Probability Table”), is identical for every user at any given time, and governs your purchase.

(c) Minimum Card Value. Each Pack has a guaranteed minimum value stated in its Pack Disclosure (the “Minimum Card Value”), which is not less than ten percent (10%) of the Pack Price for Packs priced at $1 or less, twenty percent (20%) of the Pack Price for Packs priced above $1 but below $10, and thirty percent (30%) of the Pack Price for Packs priced at $10 or more. Every Card allocated from a Pack will have a Market Value, recorded at the time of Allocation (as defined in Section 6(d)) and displayed at the Reveal (the “Allocation Value”), equal to or greater than the Minimum Card Value.

(d) Allocation and Reveal. When you purchase a Pack, our servers select the Card or Cards allocated to you in accordance with the Probability Table, deduct the Pack Price from your balance, and record the allocation in your Account (the “Allocation”); the Cards are then displayed to you (the “Reveal”). The outcome is decided and recorded by our servers when you purchase the Pack, and animations, sounds, card wheels, and other effects displayed during the Reveal are for entertainment and do not change the outcome. The same Probability Table applies to every purchase of a Pack by every user, including a user’s first purchase, and it is never adjusted by reference to your purchase history, balances, prior Allocations, or any other characteristic of your Account.

(e) All Sales Final; Errors; Non-Waivable Rights. Except as provided in these Terms, including the Buyback Program described in Section 8, all Pack purchases are final once the Allocation is recorded. We may correct pricing, inventory, and display errors. Nothing in these Terms limits any right you have under applicable consumer protection law that cannot be waived or limited by contract.

(f) Availability of Packs. We may add, modify, or withdraw any Pack at any time before you purchase it, and no change affects a Pack you have already purchased. The Cards eligible for allocation from a Pack are updated as the inventory available from our suppliers changes, generally once each day. Any change to a Pack’s eligible Cards, Probability Table, or other Pack Disclosure is published as a new version, with an effective time, before it applies to any purchase. If the version displayed to you changes before you complete a purchase, you must reconfirm the purchase, and we pause any Pack whose available inventory cannot support its published outcomes rather than removing an outcome while continuing to display the prior odds.

(g) Taxes. Applicable sales and use taxes are calculated and collected as displayed at checkout, including when you request shipment of a Card. You are responsible for any other taxes imposed on you in connection with your use of the Services, other than taxes on Stash’s net income. We may request tax information from you and issue tax forms where required by law.

7. Your Cards: Holding Period, Title, and Risk of Loss

(a) Your Rights on Allocation. Upon Allocation, each Card allocated to you is recorded in the part of your Account that holds your Cards (your “Collection”), and you acquire a contractual right to request shipment of that Card, or to sell it to Stash, in each case as described in these Terms. Stash sources Cards from third-party suppliers and marketplaces, and it acquires a Card from its supplier when you request shipment of that Card. Allocation does not reserve a specific physical copy of a Card for you; a specific copy is set aside for you only when you request shipment and we fulfill your request. [If title to a Card passes to you before shipment, Stash, or the supplier that holds the Card, holds it as bailee for your account until it is shipped to you or sold to Stash at your election.]

(b) Holding Period and Automatic Buyback. You may keep each Card in your Collection for as long as you choose, until you request shipment of it or sell it (the “Holding Period”)[, subject to any maximum holding period or storage fee disclosed in the Pack Disclosure]. During the Holding Period, you may request shipment of the Card under Section 9 or sell it to Stash under Section 8. Stash will never require you to sell a Card back to Stash and will not buy a Card back without your affirmative election under Section 8, except where Stash determines that an automatic buyback is necessary to comply with applicable law, in which case Stash will buy the Card back at the Buyback Rate (as defined in Section 8(b)), without any fee, and credit the proceeds to your Account as Sale Proceeds (an “Automatic Buyback”)[, after giving you advance notice where practicable]. The Market Value used for an Automatic Buyback may be higher or lower than the Allocation Value. A Card with an active shipping request is not subject to Automatic Buyback. If no current, validated Market Value is available for a Card at the time of an Automatic Buyback, we will not buy the Card back at an estimated price; the Card will remain in your Collection while we review it.

(c) Title and Risk of Loss. Title to a Card passes to you at the time stated for that Card on the Services[, which may be upon Allocation,] and in any event no later than when the properly packaged Card is delivered to the carrier for delivery to your shipping address. Risk of loss of a Card passes to you when the properly packaged Card is delivered to the carrier for delivery to your shipping address. Until then, Stash bears the risk of loss of, and damage to, the Card, and, until title passes to you, your rights in the Card are the contractual rights described in Section 7(a).

(d) Cards That Cannot Be Sourced or Are Lost. If Stash determines that a Card allocated to you cannot be sourced from our suppliers, or is lost or damaged before it is delivered to the carrier, Stash will credit your Account with the Card’s then-current Market Value or, at your election, refund the Pack Price to your original payment method, the Card will be removed from your Collection, and we will notify you. Stash records each such credit separately from Buybacks and will not ship or buy back the affected Card.

(e) No Transfers Between Users. The Services do not include any marketplace or other feature through which users buy, sell, trade, or transfer Cards, Platform Credit, Promotional Credit, or Sale Proceeds to or from one another, and Stash is the only counterparty to every transaction on the Services. You may not transfer any Card in your Collection to another Account. Once a Card is delivered to you, you may use or dispose of it as you choose outside the Services.

8. Buyback Program

(a) Buyback. You may, but are never required to, sell any Card in your Collection back to Stash (a “Buyback”) once seven (7) days have passed since its Allocation (the “Buyback Waiting Period”) and at any time during the Holding Period. A Buyback is available only through your Collection, requires your affirmative acceptance of a quote, and is not offered on the Reveal screen. A Buyback is not available for a Card that has been shipped or that has an active shipping request.

(b) Buyback Price. The price of a Buyback, including an Automatic Buyback, is one hundred percent (100%) (the “Buyback Rate”) of the Card’s Market Value at the time of the Buyback. Market Values are refreshed once daily, at 8:00 a.m. Eastern Time, and each Buyback price is displayed with the time at which it expires. The Buyback price is never calculated from, keyed to, or guaranteed against the Pack Price, never exceeds the Card’s Market Value, and may be higher or lower than the Allocation Value. No fee is charged for a Buyback. Any change to the Buyback Rate applies only to Cards allocated from Packs purchased after the change is disclosed in the Pack Disclosure.

(c) Sale Proceeds. Upon a Buyback, you give up your rights in the Card, and the Buyback price is credited to your Account (“Sale Proceeds”). Sale Proceeds are the proceeds of the sale of an identified Card to Stash and are described as such in your Account statements. A Buyback is a sale, not a refund, and a completed Buyback is final.

(d) Use of Sale Proceeds. Sale Proceeds may be withdrawn as described in Section 5(e).

(e) Limits and Review. We may apply limits to Buybacks and may delay or decline a Buyback, including an Automatic Buyback, pending review for fraud-prevention or compliance purposes. If we delay or decline a Buyback, the Card remains in your Collection until the review is complete.

9. Shipping and Fulfillment

(a) Requesting Shipment. You may request shipment of any eligible Card in your Collection at any time during the Holding Period, through your Collection, to a shipping address in the United States. When you request shipment, Stash acquires the Card from its supplier and arranges for the Card to be shipped to you. We typically ship Cards within three to five (3–5) business days after your request, but shipping and delivery times are estimates and are not guaranteed.

(b) Shipping Charges. Shipment requires payment from your balance of freight, any insurance, and applicable sales tax (collectively, “Shipping Charges”). The Shipping Charges for each shipment are displayed before you confirm it.

(c) Verification and Review. You must complete Identity Verification before your first shipment request. We may require additional verification, and may conduct manual review, before a high-value shipment, and we do not ship to package reshippers, freight forwarders, or export consolidators.

(d) Delivery. We will ship each Card using the carrier and service level displayed when you confirm the shipment. You should inspect each Card promptly upon delivery and notify us within {{DELIVERY_CLAIM_PERIOD}} of any damage, discrepancy, or non-delivery, so that we can provide the remedies described in these Terms, including Section 8.

(e) Returns. Except for the remedies described in these Terms, including Section 8, and any rights that cannot be waived under applicable law, Cards are not returnable after delivery.

10. Card Descriptions, Condition, and Valuation

(a) Card Descriptions. Each Card is described by its set, card number, printing, language, edition or finish, and condition and, for a professionally graded Card, its grading company and grade. Images displayed through the Services are representative unless a listing identifies an exact copy, but the Card you receive will match the stated card, set, printing, language, condition, and grade (if any).

(b) Raw and Graded Cards. Ungraded (raw) Cards are provided as described in their listing, without any promised grade. The condition of a raw Card is determined under the condition standards of the supplier from which we source it, which are described at {{CONDITION_STANDARDS_URL}}. Graded Cards are delivered in the encapsulation of the grading company identified in their listing.

(c) Authenticity. Every Card is a genuine card of the set and printing described in its listing. If a Card delivered to you does not match its description or is not genuine, you may report it within {{DELIVERY_CLAIM_PERIOD}} under the procedure described in Section 8, and we will provide the remedy described there.

(d) Market Value. “Market Value” means Stash’s estimate of a Card’s current value, based on recent marketplace sales and listings and other data we choose. Market Values are refreshed once daily, at 8:00 a.m. Eastern Time, and are used for the Pack Disclosure, the Minimum Card Value, and Buyback pricing. A Market Value is not a guaranteed resale price, may differ from prices elsewhere, and is not a representation that you could sell a Card to a third party for that amount.

(e) Card Publishers and Grading Companies. Stash is not affiliated with, sponsored by, or endorsed by the publisher of any Card or by any grading company, and card names, images, and marks are used on the Services only to identify the genuine Cards offered.

11. Purchase Limits and Responsible Purchasing Tools

[Each purchase of Platform Credit is subject to a per-transaction limit of {{PER_TRANSACTION_LIMIT}}, and default daily and monthly purchase limits, as stated at {{RESPONSIBLE_PURCHASING_LIMITS_URL}}, apply to every Account.] We may apply additional limits to purchases, Buybacks, and withdrawals for fraud-prevention, compliance, and responsible-purchasing purposes.

12. Rewards, Promotions, and Referrals

We may offer rewards such as daily streaks, quests, spend-based bonuses, a daily free Pack, and referral rewards (each, an “Offer”). Each Offer shows what you need to do, the reward, the claim period, and any restrictions, and the terms of each Offer are Additional Terms.

(a) Earning and Claiming Rewards. Progress toward a reward is based on completed transactions recorded by our servers, and free reward Packs do not count toward spending progress. Each reward can be claimed only once. We may change or end any Offer going forward, but we will not remove rewards you have already earned except for fraud, abuse, or error.

(b) Promotional Credit. Credit we provide through an Offer (“Promotional Credit”) may be used only as described in the related Offer. Promotional Credit may not be withdrawn, redeemed for cash, or transferred, and it may expire as stated in the Offer. A Buyback of a Card obtained with Promotional Credit or from a free reward Pack creates Sale Proceeds.

(c) Referrals. An Offer may provide a reward for referring individuals who create an Account using a unique link or code associated with your Account (a “Referral Link”) and complete the qualifying activity described in the Offer. Self-referrals and referrals of duplicate Accounts are not eligible.

(d) Promoting the Services. Your Referral Link should only be used for personal and non-commercial purposes. When you share your Referral Link, you must clearly and conspicuously disclose, in the same communication as the link, that you may receive a reward, consistent with the Federal Trade Commission’s Guides Concerning the Use of Endorsements and Testimonials in Advertising. You may not (i) describe the Services as gambling, a game of chance, a lottery, a sweepstakes, a contest, or an investment; (ii) state any probability, value, or expected return other than figures Stash has published in a Pack Disclosure; (iii) state or imply that anyone will or is likely to receive a particular Card or to profit from purchasing Packs or selling Cards; (iv) feature high-value results without equally prominent disclosure of their probability; or (v) direct any communication to persons under the Minimum Age or in an Excluded Jurisdiction. Distribution of your Referral Link in a manner that violates these Terms or applicable law, or any other use of the Referral Link in a manner that is not permitted by these Terms, is expressly prohibited and may be grounds for immediate termination of your Account and/or Referral Link.

13. Your Content and Feedback

You are responsible for content you submit through the Services, such as your profile name and photo. You give us a non-exclusive, royalty-free license to use that content to operate and promote the Services while your Account is open and for a reasonable period after it is closed.

We appreciate feedback, comments, ideas, proposals and suggestions for improvements to the Services (“Feedback”). If you choose to submit Feedback, you agree that we are free to use it without any restriction or compensation to you.

14. Rights and Terms for Apps.

(a) App License. If you comply with these Terms, Stash grants you a limited nonexclusive, non-transferable license, with no right to sublicense, to download and install the App on your personal computers, mobile handsets, tablets, wearable devices, and/or other devices and to run the App solely for your own personal non-commercial purposes. Except as expressly permitted in these Terms, you may not: (i) copy, modify or create derivative works based on the App; (ii) distribute, transfer, sublicense, lease, lend or rent the App to any third party; (iii) reverse engineer, decompile or disassemble the App (unless applicable law permits, despite this limitation); or (iv) make the functionality of the App available to multiple users through any means.

(b) Additional Information: Apple App Store. This Section 14(b) applies to any App that you acquire from the Apple App Store or use on an iOS device. Apple has no obligation to furnish any maintenance and support services with respect to the App. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the App purchase price to you (if applicable) and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App. Apple is not responsible for addressing any claims by you or any third party relating to the App or your possession and use of it, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third-party claim that your possession and use of the App infringe that third party’s intellectual property rights. Apple and its subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a terrorist-supporting country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You must also comply with any applicable third-party terms of service when using the App.

15. General Prohibitions and Stash’s Enforcement Rights

You agree not to do any of the following:

(a) Post, upload, publish, submit or transmit any content, including any communication with us, that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances;

(b) Use, display, mirror or frame the Services or any individual element within the Services, Stash’s name, any Stash trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Stash’s express written consent;

(c) Access, tamper with, or use non-public areas of the Services, Stash’s computer systems, or the technical delivery systems of Stash’s providers;

(d) Attempt to probe, scan or test the vulnerability of any Stash system or network or breach any security or authentication measures;

(e) Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Stash or any of Stash’s providers or any other third party (including another user) to protect the Services;

(f) Attempt to access or search the Services or download content from the Services using any engine, software, tool, agent, device or mechanism (including bots, scripts, spiders, robots, crawlers, scrapers, data mining tools or the like) other than the software and/or search agents provided by Stash or other generally available third-party web browsers;

(g) Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;

(h) Use any meta tags or other hidden text or metadata utilizing a Stash trademark, logo URL or product name without Stash’s express written consent;

(i) Use the Services, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms;

(j) Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services to send altered, deceptive or false source-identifying information;

(k) Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services;

(l) Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;

(m) Collect or store any personally identifiable information from the Services from other users of the Services without their express permission;

(n) Sell or transfer your Account, or any Card, Platform Credit, Promotional Credit, or Sale Proceeds, except as expressly permitted by these Terms;

(o) Engage or assist in any activity that violates any law, statute, ordinance, regulation, or sanctions program, including but not limited to the U.S. Department of Treasury’s Office of Foreign Assets Control (“OFAC”), or that involves proceeds of any unlawful activity (including but not limited to money laundering, terrorist financing, or deliberately engaging in activities designed to adversely affect the performance of the Services);

(p) Fabricate in any way any transaction or process related thereto;

(q) Disguise or interfere in any way with the IP address of the computer or device you are using to access or use the Services, or that otherwise prevents us from correctly identifying the IP address and geographic location of the computer or device you are using to access the Services;

(r) Access or use the Services, purchase Platform Credit or a Pack, accept a Buyback, or request shipment of a Card from an Excluded Jurisdiction or before you have reached the Minimum Age, except as permitted by Section 4(b);

(s) Open or use more than one Account, use another person’s Account, identity, or payment method, or provide false or misleading information in connection with registration or Identity Verification;

(t) Use a jailbroken, rooted, or otherwise modified device to access the App;

(u) Exploit any error or bug in the Services, including any error in pricing, a Pack Disclosure, or an Allocation;

(v) File a chargeback or payment dispute for a legitimate transaction;

(w) Take any action to interfere with, manipulate, or circumvent the allocation of Cards, any Pack Disclosure, the determination of Market Value, the Buyback, any Offer, or any purchase limit;

(x) Offer, use, or accept any Card, Platform Credit, Promotional Credit, or Sale Proceeds as consideration for, or as something to be received in, any game, contest, or other activity in which value is awarded by chance or skill, whether on or off the Services;

(y) Impersonate or misrepresent your affiliation with any person or entity;

(z) Violate any applicable law or regulation; or

(aa) Encourage or enable any other individual to do any of the foregoing.

The Services use measures designed to detect and prevent fraud, duplicate Accounts, and misuse of the Services, including device checks, limits on purchases, Buybacks, and withdrawals, anti-money-laundering monitoring by Stash and the Payment Service Provider, and manual review of high-value withdrawals and shipments. These measures may collect information about your device and your use of the Services, subject to our Privacy Notice and applicable law. If we reasonably believe that you have violated this Section 15, we may void affected transactions, suspend or close your Account, report you to authorities, and withhold balances or Cards to the extent reasonably necessary to address the conduct and as the law allows, and we may exercise any of our other rights under these Terms, including under Section 17. Funds not connected to the conduct will be released after our review.

Stash is not obligated to monitor access to or use of the Services or to review or edit any content. However, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any content at any time and without notice, including, but not limited to, if we, at our sole discretion, consider it objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.

16. Links to Third Party Websites or Resources

The Services (including the App) may allow you to access third-party websites or other resources. Such third-party resources may be made available to you under the terms of the applicable third party, and we are not responsible for the content, products or services on or available from those third parties and their websites or other resources. Please review the applicable terms prior to using or accessing such third-party resources. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party resources.

17. Termination

We may suspend or terminate your access to and use of the Services, including suspending access to or terminating your Account, at our sole discretion, at any time and without notice to you, including if you breach these Terms, if required by law, or to protect users or the Services. You may cancel your Account at any time as described in Section 5(h).

Suspension or termination does not affect your rights in Cards already allocated to you or in Sale Proceeds in your Account, except as provided in Section 15 and as required by law. If your Account is terminated or cancelled other than for fraud or other prohibited conduct, you may withdraw eligible Sale Proceeds and request shipment of, or sell, eligible Cards remaining in your Collection, subject to Section 7(b), and any remaining Platform Credit and Promotional Credit will be handled as described in Section 5(h).

Upon any termination, discontinuation or cancellation of the Services or your Account, the following Sections will survive: 5, 7, 8, 9, 10, 13, 15, 17, 18, 19, 20, 21, 22, 23 and 24.

18. Warranty Disclaimers

EXCEPT FOR THE EXPRESS COMMITMENTS IN THESE TERMS, WE PROVIDE THE SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND RELATING TO THE SERVICES (INCLUDING, BUT NOT LIMITED TO, ANY SOFTWARE COMPRISING ANY PORTION OF THE SERVICES), WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND THAT THE SERVICES WILL BE WITHOUT ERROR OR INVULNERABLE TO VIRUSES, WORMS OR OTHER HARMFUL SOFTWARE OR HARDWARE. THIS DISCLAIMER DOES NOT APPLY TO CARDS, WHICH ARE SOLD SUBJECT TO THE MINIMUM CARD VALUE, THE DESCRIPTIONS IN THE PACK DISCLOSURE AND IN EACH CARD’S LISTING, THE OTHER EXPRESS COMMITMENTS IN THESE TERMS, AND ANY WARRANTIES THAT CANNOT BE DISCLAIMED UNDER APPLICABLE LAW.

WITHOUT LIMITING THE FOREGOING, YOUR ACCESS TO AND USE OF THE SERVICES, AND USE OF ANY INFORMATION WE MAY PROVIDE IN CONNECTION WITH YOUR USE OF THE SERVICES, IS AT YOUR SOLE RISK. WE SHALL NOT BE LIABLE FOR ANY MALFUNCTIONS OF THE COMPUTER PROGRAMS RELATING TO THE SERVICES, BUGS OR VIRUSES RESULTING IN LOST DATA OR ANY OTHER DAMAGE TO YOUR COMPUTER EQUIPMENT, MOBILE PHONE OR MOBILE DEVICE OR SOFTWARE. FURTHERMORE, WE SHALL NOT BE LIABLE FOR ANY ATTEMPTS BY YOU TO USE THE SERVICES BY METHODS, MEANS OR WAYS NOT INTENDED BY US. WE ARE NOT REQUIRED TO PROVIDE REDUNDANT OR BACKUP NETWORKS AND/OR SYSTEMS. NOTHING IN THIS SECTION 18 LIMITS OUR OBLIGATIONS WITH RESPECT TO CARDS ALLOCATED TO YOU, SALE PROCEEDS, OR THE REMEDIES DESCRIBED IN THESE TERMS.

MARKET VALUES ARE STASH’S ESTIMATES AND ARE NOT A PROMISE OF RESALE VALUE. CARDS ARE SOLD FOR PERSONAL USE AND ENJOYMENT. EXCEPT FOR THE MINIMUM CARD VALUE, STASH DOES NOT GUARANTEE ANY CARD’S VALUE, GRADE, OR FUTURE PRICE, AND IT DOES NOT REPRESENT THAT ANY CARD WILL HOLD OR INCREASE IN VALUE. NOTHING ON THE SERVICES IS LEGAL, TAX, OR INVESTMENT ADVICE.

19. Indemnity

You will indemnify and hold Stash and its officers, directors, employees and agents, harmless from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (a) your access to or use of the Services, (b) your violation of these Terms, or (c) your violation of any applicable law or the rights of any third party.

20. Limitation of Liability

(a) TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER STASH NOR ITS SERVICE PROVIDERS INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT STASH OR ITS SERVICE PROVIDERS HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

(b) TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL STASH’S TOTAL CUMULATIVE LIABILITY TO YOU ARISING FROM ALL CLAIMS UNDER OR RELATED TO THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES EXCEED THE AMOUNTS ACTUALLY PAID BY YOU OR PAYABLE BY YOU TO STASH FOR USE OF THE SERVICES, PROVIDED THAT IN NO EVENT WILL STASH’S TOTAL CUMULATIVE LIABILITY FOR ALL CLAIMS MADE UNDER OR RELATED TO THIS AGREEMENT EXCEED $100.

(c) THE LIMITATIONS IN THIS SECTION 20 DO NOT LIMIT (I) STASH’S OBLIGATIONS TO SHIP CARDS ALLOCATED TO YOU, TO PROVIDE THE CREDITS DESCRIBED IN SECTION 7(D), TO CREDIT SALE PROCEEDS, OR TO PROCESS WITHDRAWALS OF SALE PROCEEDS AS DESCRIBED IN THESE TERMS, OR (II) ANY LIABILITY THAT CANNOT BE LIMITED UNDER APPLICABLE LAW.

(d) THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN STASH AND YOU.

21. Governing Law and Forum Choice

These Terms and any action related thereto will be governed by the Federal Arbitration Act, federal arbitration law, and the laws of the State of Delaware, without regard to its conflict of laws provisions. Except as otherwise expressly set forth in Section 22 “Dispute Resolution,” the exclusive jurisdiction for all Disputes (defined below) that you and Stash are not required to arbitrate will be the state and federal courts located in {{FORUM_LOCATION}}, and you and Stash each waive any objection to jurisdiction and venue in such courts.

22. Dispute Resolution

(a) Mandatory Arbitration of Disputes. We each agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services (collectively, “Disputes”) will be resolved solely by binding, individual arbitration and not in a class, representative or consolidated action or proceeding. You and Stash agree that the Federal Arbitration Act governs the interpretation and enforcement of this Section 22, and that you and Stash are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms.

(b) Exceptions. As limited exceptions to Section 22(a) above: (i) we both may seek to resolve a Dispute in small claims court if it qualifies; and (ii) we each retain the right to seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of our intellectual property rights.

(c) Conducting Arbitration and Arbitration Rules. Any Dispute arising out of or relating to these Terms, including the existence, validity, interpretation, performance, breach or termination thereof or any dispute regarding non-contractual obligations arising out of or relating to it, shall be referred to and finally resolved by binding arbitration administered by JAMS under its Streamlined Arbitration Rules and Procedures or, for claims exceeding $250,000, its Comprehensive Arbitration Rules and Procedures, in each case together with the JAMS Policy on Consumer Arbitrations Pursuant to Pre-Dispute Clauses Minimum Standards of Procedural Fairness (collectively, the “JAMS Rules”), as then in effect. The JAMS Rules are available at www.jamsadr.com. The arbitration shall be conducted in the English language. The number of arbitrators shall be one. The place of arbitration will be Wilmington, Delaware, provided that you may elect to participate in any hearing by telephone or videoconference. The decision of the sole arbitrator to any such dispute, controversy, difference or claim shall be final and binding upon both parties. Each party waives any right it may have to assert the doctrine of forum non conveniens, to assert that it is not subject to the jurisdiction of such arbitration or courts or to object to venue to the extent any proceeding is brought in accordance herewith.

(d) Arbitration Costs. Payment of all filing, administration and arbitrator fees will be governed by the JAMS Rules, and we won’t seek to recover the administration and arbitrator fees we are responsible for paying, unless the arbitrator finds your Dispute frivolous. If we prevail in arbitration we’ll pay all of our attorneys’ fees and costs and won’t seek to recover them from you. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses to the extent provided under applicable law.

(e) Injunctive and Declaratory Relief. Except as provided in Section 22(b) above, the arbitrator shall determine all issues of liability on the merits of any claim asserted by either party and may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. To the extent that you or we prevail on a claim and seek public injunctive relief (that is, injunctive relief that has the primary purpose and effect of prohibiting unlawful acts that threaten future injury to the public), the entitlement to and extent of such relief must be litigated in a civil court of competent jurisdiction and not in arbitration. The parties agree that litigation of any issues of public injunctive relief shall be stayed pending the outcome of the merits of any individual claims in arbitration.

(f) Class Action Waiver. YOU AND STASH AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, if the parties’ Dispute is resolved through arbitration, the arbitrator may not consolidate another person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this Dispute Resolution section shall be null and void.

(g) Severability. With the exception of any of the provisions in Section 22(f) of these Terms (“Class Action Waiver”), if an arbitrator or court of competent jurisdiction decides that any part of these Terms is invalid or unenforceable, the other parts of these Terms will still apply.

23. General Terms

(a) Reservation of Rights. Stash and its licensors exclusively own all right, title and interest in and to the Services, including all associated intellectual property rights and any other content Stash makes available via the Services, other than the names, images, and marks of card publishers and grading companies. You acknowledge that the Services are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services.

(b) Entire Agreement. These Terms constitute the entire and exclusive understanding and agreement between Stash and you regarding the Services, and these Terms supersede and replace all prior oral or written understandings or agreements between Stash and you regarding the Services. If any provision of these Terms is held invalid or unenforceable by an arbitrator or a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. Except where provided by applicable law in your jurisdiction, you may not assign or transfer these Terms, by operation of law or otherwise, without Stash’s prior written consent. Any attempt by you to assign or transfer these Terms absent our consent or your statutory right, without such consent, will be null. Stash may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

(c) Notices. Any notices or other communications provided by Stash under these Terms will be given: (i) via email; (ii) by text message, push notification, or in-app message; or (iii) by posting to the Services. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted. You agree to receive notices, disclosures, and agreements electronically, and that they satisfy any requirement that they be in writing. Marketing messages require your separate consent, which you may withdraw at any time.

(d) Waiver of Rights. Stash’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Stash. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

24. Third-Party Services and Infrastructure

(a) Reliance on Third Parties. The Services rely on third-party providers for certain functions, including the payment services of the Payment Service Provider, Identity Verification, sanctions screening, location verification, the supply of Cards, shipping, and app stores. You acknowledge and agree that Stash does not control these third-party services and that their availability, performance, or reliability is subject to factors beyond our control, including downtime, outages, maintenance, or other disruptions. Stash makes no representations, warranties, or guarantees regarding the uninterrupted or error-free operation of these third-party services.

(b) User Responsibility and Risks. It is your sole responsibility to ensure that you can access and use the Services, including any required third-party integrations, in compliance with applicable laws and without interruption. By using the Services, you acknowledge the risks associated with reliance on third-party infrastructure, such as a temporary inability to purchase Platform Credit or Packs, withdraw Sale Proceeds, or request a shipment due to third-party failures.

(c) No Liability. To the fullest extent permitted by law, Stash and its affiliates, officers, directors, agents, investors, subsidiaries, and employees shall have no liability for any claims, demands, or damages (actual, consequential, incidental, or otherwise) resulting from the unavailability, malfunction, or failure of any third-party services. This Section 24 does not limit Stash’s responsibility for payments that the Payment Service Provider receives as its agent, as described in Section 5(b), or for Cards allocated to you, including for the acts and omissions of any supplier, marketplace, or carrier engaged by Stash, or the remedies described in these Terms.

25. Contact Information

If you have any questions about these Terms or the Services, please contact Stash at [email protected]. Legal notices to Stash may be sent to {{LEGAL_NOTICES_EMAIL}} or to Stash Group LLC, {{COMPANY_MAILING_ADDRESS}}.