Terms of Service
Last updated July 8, 2026
Effective Date: June 2026
IMPORTANT NOTICE: THESE TERMS CONTAIN A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER IN SECTION 31. THEY ALSO CONTAIN JURY TRIAL WAIVERS, LIMITATIONS OF LIABILITY, AND DISCLAIMERS OF WARRANTIES. PLEASE READ CAREFULLY BEFORE USING THE SERVICES.
1. Parties, Agreement, and Scope
These Terms of Service ("Terms") are a legally binding agreement between you and Bedias, Inc., a Delaware corporation ("Bedias," "we," "us," or "our"). Bedias owns and operates holotradingcards.com and related subdomains (collectively, the "Services"). HOLO™ is a trademark of Bedias, Inc.
By accessing or using the Services—including creating an account, downloading the app, starting a trial, purchasing a subscription, uploading content, scanning cards, or browsing the site—you agree to these Terms and our Privacy Policy, which is incorporated by reference. If you do not agree, stop using the Services immediately.
These Terms supersede all prior agreements between you and Bedias regarding the Services.
2. Eligibility and Accounts
2.1 Age Requirements
The Services are available to users aged 13 and older. Users under 18 may only use the Services with the consent and supervision of a parent or legal guardian who accepts these Terms on their behalf.
The following features are restricted to users who are at least 18 years old or the age of majority in their jurisdiction, whichever is greater: purchases, paid subscriptions, marketplace activity, selling or trading, giveaway entry, and any legally binding transactions.
2.2 Account Registration
To access certain features you must create an account. You agree to:
• Provide accurate, current, and complete registration information and promptly update it if it changes.
• Maintain the security and confidentiality of your login credentials.
• Not share, sell, assign, or transfer your account without our prior written consent.
• Notify us immediately at support@holotradingcards.com if you suspect unauthorized access.
• Accept responsibility for all activity that occurs under your account, whether or not authorized by you.
You may not create an account using false information, impersonate another person or entity, or register on behalf of someone else without their consent. We may refuse, suspend, or terminate any account at our discretion.
3. The Services
HOLO provides tools and information to help collectors scan, identify, price, organize, track, and manage trading cards, sports cards, and related collectibles. The Services may include:
• Card scanning, image recognition, and card identification using AI and computer vision.
• Collection tracking, portfolio management, and analytics.
• Market pricing data, value estimates, price history, and trend information.
• Wishlists, watchlists, saved searches, and collection import/export tools.
• Community, social, and profile features.
• Subscription plans, premium features, and paid tools.
• Marketplace, trading, or listing features as and when made available (see Section 10).
• Promotions, giveaways, contests, and beta programs (see Section 17).
We may add, remove, modify, suspend, restrict, or discontinue any feature at any time, with or without notice. Some features may be experimental, beta, region-specific, or subject to separate terms.
4. Informational Purposes Only — No Professional Advice
HOLO provides tools and information for collectors. Nothing in the Services constitutes investment, financial, tax, legal, insurance, authentication, appraisal, or grading advice. We do not recommend that you buy, sell, hold, grade, insure, or invest in any card or collectible.
Collectibles are speculative assets. Values fluctuate rapidly and past performance does not indicate future value. You are solely responsible for your decisions and must independently verify all information before acting on it.
All scan outputs, card matches, value estimates, market data, portfolio totals, trend information, AI-generated results, and related outputs are provided for informational and entertainment purposes only.
5. Card Scanning, AI, and Automated Results
Some features use automated systems, artificial intelligence, machine learning, computer vision, image processing, and third-party data sources to identify cards, estimate card details, suggest matches, estimate condition, detect errors, and provide insights.
You understand and agree that:
• Automated results may be inaccurate, incomplete, delayed, or unavailable.
• Accuracy depends on image quality, lighting, card condition, set completeness, and database coverage.
• AI grading estimates are not a substitute for professional grading by PSA, BGS, CGC, SGC, or any other grading service.
• AI results should not be relied upon to determine card authenticity, resale price, or insurance value.
• You are responsible for reviewing and independently verifying all AI-generated outputs.
We may use submitted images, scan results, corrections, and interaction data to improve card recognition and AI accuracy, subject to our Privacy Policy.
6. Pricing, Market Data, and Collection Values
Prices, value estimates, sales data, trends, charts, portfolio totals, alerts, and market information may be based on third-party data, user-submitted data, public marketplace activity, proprietary calculations, AI estimates, and other sources. Such information may contain errors, omissions, stale data, delayed updates, condition discrepancies, grading differences, fraudulent listings, or marketplace anomalies.
HOLO does not guarantee that any displayed value reflects actual resale value, replacement value, insurance value, liquidation value, fair market value, or the price you could receive or pay in a transaction. Collection values are estimates only.
Access to HOLO pricing data constitutes a license to use that data, not a transfer of ownership. All HOLO Data (as defined in Section 13) remains the property of Bedias, Inc. You may not redistribute, republish, or incorporate HOLO Data into external products without our written permission.
7. Subscriptions, Trials, Billing, and Paid Features
7.1 Billing Authorization
By purchasing a subscription or paid feature, you authorize Bedias and our payment processors, app stores, and billing providers to charge your payment method for all applicable fees and taxes. All fees are in U.S. dollars unless stated otherwise.
7.2 Auto-Renewal
Subscriptions renew automatically at the end of each billing period unless canceled before the renewal date. Deleting the app or stopping use does not cancel your subscription. To avoid renewal charges, cancel through your account settings, the applicable app store, or by contacting support@holotradingcards.com before the renewal date.
7.3 Refunds
Unless otherwise required by law or expressly stated by Bedias, all fees are non-refundable. Purchases through Apple, Google, or another app store are governed by that platform's refund policies.
7.4 Fee Changes
We may change fees, plan names, features, or subscription terms going forward. We will provide reasonable notice of material fee increases.
7.5 Cancellation Consequences
Downgrading, canceling, or failing to pay may result in loss of access to paid features, reduced scan or collection tool limits, loss of enhanced analytics, or other reduced functionality. Bedias is not responsible for any loss of data, access, or functionality resulting from cancellation, downgrade, nonpayment, or payment failure.
8. User Content and Collection Data
The Services may allow you to upload, submit, store, publish, share, import, export, scan, or otherwise provide images, card data, collection information, comments, ratings, notes, messages, profile information, listings, and other content ("User Content").
8.1 Your Ownership
You retain ownership of your User Content, subject to the license granted below.
8.2 License to Bedias
By submitting User Content, you grant Bedias a worldwide, non-exclusive, transferable, sublicensable, royalty-free license to host, store, reproduce, display, distribute, modify, adapt, create derivative works from, analyze, process, and use your User Content as needed to provide, operate, improve, secure, promote, and support the Services. This license includes the right to use User Content to power scanning, search, matching, pricing, moderation, fraud prevention, analytics, and AI improvement.
This license ends when your User Content is deleted, except where content has been shared publicly, remains in backup systems, or must be retained for legal, safety, fraud prevention, or enforcement purposes.
8.3 Your Representations
You represent and warrant that you own or have sufficient rights to your User Content, that it does not violate any law or third-party right, and that all information you submit is accurate and not misleading. You are solely responsible for your User Content.
9. Community and Social Features
If HOLO provides profiles, follows, likes, comments, shared collections, public portfolios, messages, or other community features, your activity may be visible to other users or the public depending on your settings.
You are responsible for your interactions with other users. HOLO is not responsible for user disputes, comments, messages, shared collection information, authenticity claims, payment, shipping, giveaways, or off-platform communications.
We may provide reporting, blocking, or moderation tools, but we are not obligated to monitor all content or mediate disputes. We reserve the right to remove, restrict, hide, or moderate any content at our discretion without notice or liability.
10. Marketplace, Trading, and Transactions
HOLO may include, or later introduce, features that allow users to list, trade, sell, buy, or otherwise transact in cards or collectibles. Unless we expressly state otherwise, HOLO is not the buyer, seller, broker, auctioneer, payment processor, shipping provider, escrow provider, authenticator, grading provider, or insurer for user transactions.
Users are solely responsible for their own transactions. HOLO does not guarantee card existence, authenticity, condition, grade, value, title, legality, delivery, payment, seller or buyer reliability, tax treatment, or listing accuracy. Transactions carry risks including scams, counterfeit cards, inaccurate condition, non-delivery, chargebacks, and off-platform fraud.
If formal marketplace, shipping, payment, payout, or seller tools are added, separate supplemental terms will be published at that time.
10.1 Payout Withholding
When marketplace features are active, Bedias may withhold, delay, reverse, restrict, or permanently seize seller payouts under any of the following circumstances:
• Sale of counterfeit, fake, replica, proxy, or non-authentic items.
• Fraudulent activity, misrepresentation, or deceptive practices.
• Violations of our Anti-Counterfeiting Policy (Section 11).
• Chargeback rates exceeding industry standards.
• Active investigation into seller conduct or authenticity disputes.
• Court orders, subpoenas, or other legal requirements to freeze funds.
• Any account suspension or termination for Terms violations.
Hold periods: 14–30 days for standard investigations; up to 60 days for authenticity verification; indefinite pending buyer reimbursement for confirmed counterfeits; permanent seizure for confirmed fraud or counterfeit sales.
Withheld funds may be applied to: (1) refunds to affected buyers; (2) authentication and investigation costs; (3) legal and enforcement costs; (4) platform damages; (5) chargeback coverage.
By selling through HOLO, you acknowledge Bedias's authority to withhold or seize payouts, agree not to initiate chargebacks or legal action to recover funds withheld due to confirmed counterfeits or fraud, and waive all claims to permanently seized funds resulting from counterfeit sales or fraudulent activity.
10.2 Mandatory Shipping Requirements
When marketplace features are active:
• Orders $50 and above: tracked shipping required (USPS, UPS, FedEx, or equivalent). Untracked shipping is prohibited for these orders.
• Orders $500 and above: tracked shipping plus signature confirmation and full insurance for the transaction value are required.
Failure to meet shipping requirements voids seller protection in the event of delivery disputes, lost packages, or buyer claims.
11. Authenticity and Anti-Counterfeiting Policy
HOLO operates a zero-tolerance policy toward counterfeit, fake, replica, proxy, and unauthorized reproduction cards and merchandise. Violations result in immediate account suspension, permanent payout forfeiture where applicable, and referral to law enforcement. Selling counterfeit items is a federal crime under 15 U.S.C. § 1114 (trademark counterfeiting) and 17 U.S.C. § 501 (copyright infringement).
11.1 Prohibited Items
You may not use the Services to sell, promote, list, share, or facilitate any of the following:
• Counterfeit or fake cards — any reproduction attempting to replicate genuine trading cards.
• Replica cards — any unofficial reproduction, regardless of quality or disclosure.
• Proxy cards — custom-made cards resembling official cards for gameplay.
• Modified cards — genuine cards altered to misrepresent condition, grade, or authenticity.
• Fan-made or custom cards — any non-official cards, even if clearly marked as such.
• Unlicensed merchandise — products not officially licensed by the applicable rights holder.
• Stolen cards — any card obtained through theft, fraud, or without the owner's consent.
• Misrepresented cards — genuine cards listed with false descriptions, inaccurate grades, or misleading photos.
11.2 Rights Holder Acknowledgment
HOLO respects the intellectual property rights of all trading card publishers and licensors, including without limitation: The Pokémon Company International, Nintendo, Creatures, Inc., Game Freak, Wizards of the Coast, Konami, Upper Deck, Topps, Panini, and all other rights holders. Their trademarks and copyrights are their respective property.
11.3 Seller Obligations
All users who list, share, or facilitate the sale of cards must:
• Guarantee 100% authenticity of all items listed.
• Provide accurate descriptions, including all known defects or alterations.
• Include clear, accurate photographs of the actual item being offered.
• Cooperate fully with any authenticity investigation initiated by Bedias within 72 hours of request.
11.4 Enforcement
Confirmed violators face immediate removal of all listings, account suspension or permanent termination, permanent forfeiture of all pending payouts, reporting to law enforcement, and civil and criminal referral to applicable rights holders.
11.5 Buyer Protection
If you receive an item you believe is counterfeit:
• Do not return the item to the seller without first contacting HOLO support.
• Contact support@holotradingcards.com within 72 hours of delivery with photos and evidence.
• HOLO will investigate and, if the item is confirmed counterfeit, issue a full refund.
• The seller's account will be suspended and the matter may be referred to law enforcement.
12. Acceptable Use
You agree not to use the Services to:
• Violate any law, regulation, contract, intellectual property right, privacy right, or third-party right.
• Upload, post, share, sell, trade, or promote counterfeit, fake, stolen, illegal, or misrepresented items.
• Provide false, misleading, defamatory, deceptive, abusive, harassing, hateful, obscene, or harmful content.
• Spam, scrape, crawl, harvest, mine, copy, cache, or collect data from the Services except as expressly permitted in writing.
• Use bots, scripts, automation, emulators, fake accounts, or unauthorized tools to access, scan, extract, or manipulate the Services.
• Reverse engineer, decompile, disassemble, modify, copy, frame, mirror, or create derivative works from the Services or our software.
• Interfere with, disrupt, overload, damage, or compromise the Services, our systems, or other users.
• Bypass access controls, paywalls, rate limits, subscription limits, app store rules, or security measures.
• Use the Services for unauthorized commercial resale, data redistribution, price-feed replication, or competing database construction.
• Upload malware, harmful code, phishing content, exploits, or security attacks.
• Impersonate another person or entity or misrepresent your affiliation with any person or entity.
13. HOLO Data, Database Rights, and API Restrictions
All non-user data available through the Services—including card databases, metadata, set information, pricing data, market data, trend data, scan outputs, analytics, rankings, proprietary calculations, and related compilations (collectively, "HOLO Data")—is owned by Bedias, Inc. or its licensors and is protected by intellectual property, contract, and database rights.
Access to HOLO Data constitutes a license to use that data, not a transfer of ownership. You may use HOLO Data only for personal, non-commercial use within the Services. You may not copy, scrape, bulk download, redistribute, resell, publish, sublicense, train AI or machine learning models on, create derivative databases from, or incorporate HOLO Data into any external product, service, or data feed without our written permission.
14. Intellectual Property
The Services—including the HOLO™ trademark, name, logos, branding, design, software, source code, user interface, features, workflows, databases, algorithms, models, tools, graphics, icons, documentation, and all related materials—are owned by Bedias, Inc. or its licensors and are protected by U.S. and international intellectual property laws.
Subject to your compliance with these Terms, Bedias grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Services for their intended purpose. We reserve all rights not expressly granted. HOLO™ is a trademark of Bedias, Inc. You may not use the HOLO name, logo, or any confusingly similar mark without our prior written consent.
15. Feedback
If you send us ideas, suggestions, feature requests, bug reports, or other feedback, you agree that Bedias may use, modify, commercialize, and exploit that feedback without restriction, attribution, or compensation. You assign to Bedias all right, title, and interest in any such feedback.
16. Third-Party Services, Links, and Data Sources
The Services may include or rely on third-party services, platforms, APIs, app stores, payment processors, analytics providers, card databases, pricing sources, AI services, and other external products. Bedias is not responsible for third-party content, availability, pricing data, payment decisions, outages, errors, terms, or privacy practices. Your use of third-party services is subject to their own terms and policies.
17. Promotions, Giveaways, Sweepstakes, and Contests
We may offer promotions, giveaways, sweepstakes, contests, beta programs, referral programs, or similar campaigns (each, a "Promotion"). Each Promotion may have separate rules, eligibility requirements, deadlines, prize details, and restrictions. If specific Promotion rules conflict with these Terms, the Promotion rules control for that Promotion.
Unless stated otherwise in specific Promotion rules:
• Promotions are open only to legal U.S. residents who are at least 18 years old.
• Promotions may be limited by state, country, or platform and are void where prohibited.
• Employees, contractors, officers, directors, and immediate family members of Bedias, Inc. are ineligible.
• No purchase is necessary to enter. Purchasing a subscription will not increase your chances of winning.
• Prizes are non-transferable and non-redeemable for cash unless otherwise stated.
• Winners are solely responsible for all applicable taxes and reporting obligations.
• We may cancel, modify, or suspend any Promotion at any time due to fraud, technical failure, or legal concerns.
17.1 Free Entry by Mail (No Purchase Necessary)
To enter any Promotion without a purchase, mail a postcard with the following to the address below:
• Full legal name
• Email address associated with your HOLO account
• Country and state of residence
• Name of the Promotion you are entering
• Answer to the skill-testing question: What is 7 + 5?
Send to: Bedias, Inc. — Promotions, 7415 Southwest Pkwy., Austin, TX 78735
Postcards must be postmarked before the Promotion deadline and received within 10 calendar days. One free entry per person per Promotion. Late, duplicate, incomplete, or illegible entries will be disqualified.
18. Communications
By using the Services, you agree that Bedias may send service-related communications, including account notices, security alerts, subscription updates, support messages, product notices, and legal notices. You may also opt in to marketing emails, push notifications, SMS messages, or other communications.
If you opt in to SMS: message and data rates may apply; reply STOP to opt out; reply HELP for assistance. Consent to marketing is not a condition of purchasing goods or services.
SMS opt-in data, consent records, and mobile numbers collected for text messaging will not be sold, shared, rented, or disclosed to any third party for that party's own marketing purposes.
19. Privacy
Our Privacy Policy, available at holotradingcards.com/privacy, explains how Bedias collects, uses, shares, and protects your information. By using the Services, you acknowledge and consent to the data practices described in the Privacy Policy. If there is a conflict between these Terms and the Privacy Policy regarding personal information, the Privacy Policy controls.
20. Copyright and DMCA Policy
Bedias respects intellectual property rights and responds to valid copyright infringement notices in accordance with the Digital Millennium Copyright Act, 17 U.S.C. § 512. To submit a takedown notice, send a written notice to support@holotradingcards.com with the subject line "DMCA Takedown Notice" that includes:
• Identification of the copyrighted work you claim has been infringed.
• Identification of the infringing material and enough information for us to locate it.
• Your name, mailing address, telephone number, and email address.
• A statement that you have a good-faith belief the use is not authorized by the copyright owner, its agent, or the law.
• A statement under penalty of perjury that the information is accurate and you are the copyright owner or authorized to act on their behalf.
• Your physical or electronic signature.
We may suspend or terminate accounts of repeat infringers. Counter-notices must comply with 17 U.S.C. § 512(g).
21. Account Deletion, Suspension, and Termination
You may stop using the Services at any time. To delete your account, use the in-app account deletion feature or contact support@holotradingcards.com. Account deletion does not automatically cancel an active subscription purchased through an app store.
Bedias may suspend, restrict, or terminate access to the Services, with or without notice, if we believe you have:
• Violated these Terms or applicable law.
• Created legal, safety, security, or reputational risk.
• Engaged in or facilitated fraud or counterfeit sales.
• Infringed the intellectual property rights of Bedias or any third party.
• Been required to be suspended by court order, regulator, payment processor, or app store.
Bedias is not liable for any suspension, termination, content removal, or loss of access. Provisions that by their nature survive termination—including Sections 8.2, 11, 13, 14, 21–28, and 31—will survive indefinitely.
22. Digital Assets and NFTs
The Services do not currently support digital assets, NFTs, cryptocurrency, or blockchain-based collectibles. Any future support for such features will be subject to separate supplemental terms published prior to launch.
23. App Stores, Mobile Applications, and Device Requirements
If you download the HOLO app from the Apple App Store or Google Play, your use is also subject to that platform's terms. The app store is not responsible for maintenance, support, or claims related to the Services except as required by its own terms.
We may provide updates, patches, or new versions of the Services. Some updates may be required to continue using the Services. You are responsible for maintaining compatible devices, software, internet access, and permissions.
24. Export, Sanctions, and Legal Compliance
You may not use the Services in violation of U.S. export control laws, economic sanctions, or other applicable laws. You represent that you are not located in a jurisdiction subject to a U.S. government embargo and are not listed on any U.S. government list of prohibited or restricted parties.
25. California Consumer Notice
Under California Civil Code Section 1789.3, California residents may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210. You may also contact us at support@holotradingcards.com.
26. Disclaimers
THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, BEDIAS, INC. DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, RELIABILITY, AVAILABILITY, SECURITY, AND ERROR-FREE OR UNINTERRUPTED OPERATION.
BEDIAS DOES NOT WARRANT THAT: (A) THE SERVICES WILL ALWAYS BE AVAILABLE OR UNINTERRUPTED; (B) CARD SCANS WILL BE CORRECT OR COMPLETE; (C) AI RESULTS WILL BE ACCURATE; (D) MARKET PRICES WILL REFLECT REAL-WORLD VALUES; (E) COLLECTION VALUES WILL MATCH ACTUAL RESALE VALUES; (F) THIRD-PARTY SERVICES WILL FUNCTION PROPERLY; OR (G) THE SERVICES WILL MEET YOUR EXPECTATIONS. YOU USE THE SERVICES AT YOUR OWN RISK.
27. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, BEDIAS, INC. AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING DAMAGES FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, LOSS OF COLLECTION VALUE, LOSS OF ACCESS, OR DAMAGES ARISING FROM USER CONDUCT, THIRD-PARTY SERVICES, SCAN ERRORS, PRICING ERRORS, MARKETPLACE ACTIVITY, TRANSACTIONS, AUTHENTICITY DISPUTES, OR SECURITY INCIDENTS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
BEDIAS'S TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICES WILL NOT EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT YOU PAID TO BEDIAS IN THE TWELVE (12) MONTHS BEFORE THE CLAIM; OR (B) $100 USD. IF YOU HAVE PAID NOTHING, YOUR SOLE REMEDY IS TO STOP USING THE SERVICES.
Some jurisdictions do not allow exclusion or limitation of certain types of damages. In such jurisdictions, the above limitations apply to the fullest extent permitted by law.
28. Release
To the fullest extent permitted by law, you release Bedias and its affiliates, officers, directors, employees, contractors, agents, licensors, service providers, successors, and assigns from all claims, demands, damages, losses, liabilities, and expenses arising from your use of the Services, User Content, third-party services, user interactions, transactions, card authenticity disputes, shipping, or payments.
If you are a California resident, you expressly waive California Civil Code Section 1542, which provides that a general release does not extend to claims the creditor does not know or suspect to exist at the time of executing the release.
29. Indemnification
You agree to defend, indemnify, and hold harmless Bedias, Inc. and its affiliates, officers, directors, employees, contractors, agents, licensors, and service providers from and against any claims, damages, losses, liabilities, judgments, costs, and expenses, including reasonable attorneys' fees, arising from or related to:
• Your use or misuse of the Services.
• Your User Content.
• Your violation of these Terms or applicable law.
• Your violation of any third-party right, including intellectual property, privacy, or contractual rights.
• Your transactions, listings, trades, sales, purchases, chargebacks, or marketplace activity.
• Your fraud, misrepresentation, negligence, or willful misconduct.
• Any claim by a third party arising from your use of the Services.
30. Injunctive Relief and Enforcement
You acknowledge that any breach or threatened breach of Sections 11, 12, 13, or 14 would cause irreparable harm to Bedias for which monetary damages would be inadequate. Bedias is entitled to seek immediate injunctive or equitable relief in any court of competent jurisdiction without posting a bond and without prejudice to any other rights or remedies.
31. Dispute Resolution; Binding Arbitration and Class Action Waiver
THIS SECTION CONTAINS A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. BY AGREEING TO THESE TERMS, YOU WAIVE YOUR RIGHT TO A JURY TRIAL AND YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE PROCEEDING.
31.1 Informal Resolution
Before initiating arbitration or a small claims action, the initiating party must send a written Notice of Dispute describing the claim, the relief sought, and contact information. Send notices to: Bedias, Inc., 7415 Southwest Pkwy., Austin, TX 78735, and support@holotradingcards.com. The parties agree to attempt to resolve the dispute in good faith for at least 30 days after notice is sent before commencing arbitration.
31.2 Binding Arbitration
If the dispute is not resolved informally within 30 days, any claim arising out of or relating to these Terms or the Services will be resolved by binding individual arbitration administered by JAMS under its Streamlined Arbitration Rules, as modified by these Terms. The arbitration will be conducted in Austin, Texas, or by video or telephone if you prefer. The arbitrator will apply Texas substantive law.
31.3 Class Action Waiver
YOU AND BEDIAS AGREE THAT ARBITRATION WILL PROCEED ONLY ON AN INDIVIDUAL BASIS. NO CLAIM MAY BE JOINED WITH CLAIMS OF OTHER USERS. NEITHER YOU NOR BEDIAS MAY BRING OR PARTICIPATE IN ANY CLASS ACTION, COLLECTIVE ACTION, MASS ARBITRATION, PRIVATE ATTORNEY GENERAL ACTION, OR REPRESENTATIVE PROCEEDING.
31.4 Jury Trial Waiver
TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND BEDIAS EACH WAIVE THE RIGHT TO A JURY TRIAL FOR ANY CLAIM NOT SUBJECT TO ARBITRATION.
31.5 One-Year Limitation
Any claim arising out of or relating to these Terms or the Services must be brought within one (1) year after it arises. Claims not brought within this period are permanently barred.
31.6 Exceptions
Either party may bring a qualifying claim in small claims court in Travis County, Texas. Either party may also seek injunctive or equitable relief in court for claims involving intellectual property, unauthorized access, scraping, data misuse, or abuse of the Services.
31.7 Opt-Out
You may opt out of this arbitration agreement and class action waiver by emailing support@holotradingcards.com from the address associated with your HOLO account with the subject line "ARBITRATION OPT-OUT" within 30 days after you first accept these Terms or first use the Services. If you opt out, all other Terms remain in effect.
31.8 Severability
If any provision of this Section 31 other than the class action waiver is found unenforceable, it will be severed and the remaining arbitration provisions will remain in effect. If the class action waiver is found entirely unenforceable, this entire Section 31 will be void and disputes will be resolved in court under Section 32.
32. Governing Law and Venue
These Terms and any dispute arising from the Services will be governed by the laws of the State of Texas, without regard to conflict-of-law rules. Any claim not subject to arbitration must be brought in the state courts of Travis County, Texas, or the United States District Court for the Western District of Texas, Austin Division. You consent to personal jurisdiction and venue in those courts.
33. Changes to These Terms
We may update these Terms from time to time. If we make material changes, we will provide notice by posting the updated Terms, sending an email to your account address, providing an in-app notification, or other reasonable means. Your continued use of the Services after the updated Terms become effective constitutes acceptance. If you do not agree, stop using the Services.
34. General Provisions
Entire Agreement. These Terms, together with the Privacy Policy and any supplemental terms, constitute the entire agreement between you and Bedias regarding the Services.
Severability. If any provision is found invalid or unenforceable, it will be limited or eliminated to the minimum extent necessary and the remaining provisions will remain in effect.
No Waiver. Bedias's failure to enforce any provision is not a waiver of its right to do so. Any waiver must be in writing signed by an authorized representative.
Assignment. You may not assign these Terms without Bedias's prior written consent. Bedias may assign these Terms in connection with a merger, acquisition, or sale of assets.
No Third-Party Beneficiaries. These Terms do not create any third-party beneficiary rights unless expressly stated.
Force Majeure. Except for payment obligations, neither party is liable for delays or failures caused by events beyond reasonable control, including natural disasters, utility failures, government action, pandemic, app store delays, or internet failures.
Electronic Communications. You consent to receive communications from Bedias electronically, and agree that such communications satisfy legal writing requirements.
35. Contact Us
For questions about these Terms, contact:
Bedias, Inc.
7415 Southwest Parkway, STE 6-500-414, Austin, TX 78735, USA
Contact: support@holotradingcards.com
Support: support@holotradingcards.com
Website: holotradingcards.com