Terms of Service

1. Acceptance of Terms

Welcome to Castle of Crystals ("we," "us," or "our"). By accessing or using our web application at www.castleofcrystals.com (the "Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not use the Service.

We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms on this page and updating the "Effective Date" above. Your continued use of the Service after changes constitutes acceptance of the new Terms.

2. Eligibility

You must be at least 13 years old to use the Service. If you are under 18, you represent that you have your parent or guardian's permission to use the Service. By using the Service, you represent and warrant that you meet these eligibility requirements.

3. Account Registration

To access certain features (such as collection tracking and the marketplace), you must create an account. You agree to:

• Provide accurate, current, and complete information
• Maintain and update your information to keep it accurate
• Keep your password secure and confidential
• Notify us immediately of any unauthorized use of your account
• Accept responsibility for all activities that occur under your account

We reserve the right to suspend or terminate accounts that violate these Terms or engage in fraudulent, abusive, or illegal activity.

4. Subscription Tiers & Billing

4.1 Tiers

Castle of Crystals offers three membership tiers:

• Sapphire (Free): Track up to 20 kits, browse the marketplace, purchase items.
• Ruby ($5/month): Unlimited kit tracking, browse the marketplace, purchase items.
• Diamond ($10/month): Unlimited kit tracking, browse the marketplace, purchase items, and sell items on the marketplace.

Tier features and pricing are subject to change with 30 days' notice.

4.2 Billing & Payment

• Subscriptions are billed monthly in advance via Stripe, our third-party payment processor.
• By subscribing, you authorize us to charge your payment method on a recurring basis until you cancel.
• All fees are in U.S. Dollars (USD) and are non-refundable, except as required by law.
• If a payment fails, we will attempt to notify you and retry the charge. If payment fails after multiple attempts, your subscription may be suspended or downgraded.

4.3 Cancellation & Refunds

• You may cancel your subscription at any time from your account settings or by contacting support@castleofcrystals.com.
• Cancellations take effect at the end of your current billing cycle. You will retain access to paid features until that date.
• No refunds: We do not provide refunds or credits for partial months or unused features. If you cancel, you will not be charged for subsequent months.
• If you downgrade from Diamond to a lower tier, you will retain access to all previously added kits, but you will not be able to add new listings to the marketplace until you re-upgrade.

4.4 Free Trials & Promotions

We may offer promotional trials or discounts (e.g., "Launch Promo: First 100 signups get 1 month free Diamond"). These offers:

• Are subject to specific terms communicated at the time of offer
• Expire as stated; after expiration, your account will automatically downgrade to the Sapphire (free) tier unless you subscribe to a paid plan
• Are non-transferable and cannot be combined with other offers

5. Marketplace

5.1 Eligibility to Sell

Only users with an active Diamond tier subscription may create listings on the marketplace. If your Diamond subscription expires or is downgraded, your active listings will remain visible but you cannot create new ones.

5.2 Listing Accuracy

Sellers must provide accurate, truthful descriptions of items, including condition, completeness, and any defects. Misrepresentation of items may result in listing removal, refunds, and account suspension.

5.3 Platform Fees

Castle of Crystals charges a 4% commission on all completed sales. The seller receives 96% of the sale price. This fee is automatically deducted from the payout.

5.4 Anonymity

Important: The marketplace is fully anonymous. Buyers cannot see seller identities, and sellers cannot see buyer identities. All communication must go through support@castleofcrystals.com. Do not attempt to contact other users directly or share personal information outside the platform.

5.5 Payment & Payouts

• All payments are processed securely through Stripe.
• Buyers pay the full listing price plus any applicable shipping costs.
• Seller payouts are held until the buyer confirms delivery or 30 days after the tracking shows "delivered" (whichever comes first).
• If a dispute is opened, payouts are held until the dispute is resolved.

5.6 Shipping

Sellers must ship items within 3 business days of purchase and provide valid tracking information via Shippo. See our Shipping Policy for full details.

5.7 Disputes

If an item does not match its description or is not received, buyers may open a dispute within 30 days. See our Dispute Resolution Policy for full details.

6. User Content & Intellectual Property

6.1 Your Content

You retain ownership of all content you upload to the Service, including photos, notes, collection data, and marketplace listings ("User Content"). By uploading User Content, you grant us a non-exclusive, worldwide, royalty-free license to use, display, and store your content solely to provide the Service.

6.2 Responsibility for User Content

You represent and warrant that:

• You own or have the right to upload your User Content
• Your User Content does not violate any third-party rights (copyright, trademark, privacy, etc.)
• Your User Content does not contain illegal, harmful, or offensive material

6.3 Our Intellectual Property

The Service, including its design, code, logo, branding, and all content provided by us, is protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, or create derivative works without our written permission.

7. Prohibited Conduct

You agree NOT to:

• Violate any laws or regulations
• Impersonate others or misrepresent your affiliation with any person or entity
• Upload viruses, malware, or any harmful code
• Scrape, data mine, or use automated tools to access the Service without permission
• Interfere with or disrupt the Service or its servers
• Engage in fraudulent transactions, including creating fake listings or making false claims
• Harass, abuse, threaten, or otherwise harm other users
• Attempt to bypass security measures or access restricted areas
• Use the Service for any illegal or unauthorized purpose

Violation of these rules may result in account suspension or termination, removal of content, and legal action.

8. Third-Party Services

The Service integrates with third-party services, including:

• Stripe: Payment processing (subject to Stripe's Terms)
• Shippo: Shipping labels and tracking
• OpenAI: Sticker sheet image processing

We are not responsible for the availability, accuracy, or conduct of these third-party services. Your use of them is subject to their own terms and policies.

9. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do not warrant that:

• The Service will be uninterrupted, secure, or error-free
• Defects will be corrected
• The Service or its servers are free of viruses or harmful components
• Results from using the Service will be accurate or reliable

Marketplace Disclaimer: Castle of Crystals is a platform that connects buyers and sellers. We do not own, sell, or ship items listed on the marketplace. We are not responsible for the accuracy of listings, the quality of items, or the conduct of buyers and sellers. Transactions are between users; we facilitate payment and dispute resolution but do not guarantee outcomes.

10. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, CASTLE OF CRYSTALS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR USE, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL LIABILITY TO YOU FOR ANY CLAIMS ARISING FROM OR RELATED TO THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM, OR $100, WHICHEVER IS GREATER.

Some jurisdictions do not allow the exclusion or limitation of certain damages, so the above limitations may not apply to you.

11. Indemnification

You agree to indemnify, defend, and hold harmless Castle of Crystals and its officers, directors, employees, and affiliates from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to:

• Your use of the Service
• Your User Content
• Your violation of these Terms
• Your violation of any third-party rights

12. Termination

We reserve the right to suspend or terminate your account and access to the Service at any time, with or without cause or notice, if you violate these Terms or engage in conduct that we deem harmful to the Service or other users.

You may terminate your account at any time by contacting support@castleofcrystals.com. Upon termination, your right to use the Service ceases immediately.

Sections that by their nature should survive termination (including disclaimers, limitation of liability, indemnification, and dispute resolution) will continue to apply.

EU & UK Consumer Rights

If you are a consumer located in the European Union or United Kingdom, you have additional rights under applicable consumer protection law. These rights are not limited by these Terms.

14-Day Cooling-Off Period: EU and UK consumers have the right to cancel their subscription within 14 days of the initial purchase without reason. Contact leopards@leopardlw.com to exercise this right.

Consumer Protections: Nothing in these Terms removes or limits your rights as a consumer under EU or UK law, including rights under the EU Consumer Rights Directive or UK Consumer Rights Act 2015.

Governing Law for EU/UK Consumers: While these Terms are governed by Arizona law, EU consumers may also rely on the mandatory consumer protection laws of their country of residence.

13. Dispute Resolution & Governing Law

13.1 Governing Law

These Terms are governed by the laws of the State of Arizona, United States, without regard to conflict of law principles.

13.2 Informal Resolution

If you have a dispute with us, please contact support@castleofcrystals.com first. We will attempt to resolve the matter informally within 30 days.

13.3 Arbitration (Optional)

If we cannot resolve a dispute informally, you agree that any legal claim arising out of or related to these Terms or the Service will be resolved through binding arbitration, rather than in court, except that either party may seek injunctive relief in court for violations of intellectual property rights.

13.4 Class Action Waiver

You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.

14. General Provisions

14.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Castle of Crystals regarding the Service.

14.2 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

14.3 No Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of that right.

14.4 Assignment

You may not assign or transfer these Terms or your account without our prior written consent. We may assign these Terms at any time without notice.

15. Contact Information

If you have questions about these Terms, please contact us:

Email: support@castleofcrystals.com

Subject Line: Terms of Service Inquiry