Terms and conditions

Article 1. Who we are and definitions

1. 1.1 The Service is provided by Cardseekers, privacy@cardseekers.nl.
2. 1.2 In these terms, the following capitalised words have the following meanings:
   1. “Cardseekers”, “we”, “us” and “our”: the provider of the Service named in clause 1.1.
   2. “Service”: the service described in the introduction, including its software, apps, websites, databases, models and features, as they exist from time to time.
   3. “User” and “you”: every person or business that uses the Service.
   4. “Account”: the user account that gives access to the Service.
   5. “Collector”: a User with a collector account.
   6. “Vendor”: a User with a vendor account, who uses the Service in the course of a business, for example to sell, buy or trade cards at fairs and events.
   7. “Staff Member”: a person to whom a Vendor gives a separate login to the Vendor’s Account, as manager or cashier.
   8. “Scan”: each use of the card scanner, including the photos captured or chosen and the information recorded about it.
   9. “Scan Photo”: a photo or video frame captured or uploaded through the card scanner, including copies, crops and compressed versions of it.
   10. “User Content”: what you submit to the Service, such as Scan Photos, collection and stock data, prices, notes, names, handles, logos and feedback, and the choices you make (such as which card a Scan Photo shows).
   11. “Derived Data”: image fingerprints, embeddings, labels, statistics, indexes and trained models made from User Content. Derived Data never includes Scan Photos themselves.
   12. “Consumer”: a natural person who does not act in the course of a business or profession.
3. 1.3 Headings are for convenience only. “Including” and “such as” mean “including without limitation”.

Article 2. The agreement

1. 2.1 These terms apply to every agreement between Cardseekers and a User about the Service.
2. 2.2 The agreement is concluded when you create an Account: you choose an account type, enter your email address and a password, answer the age question, accept these terms and press “Create account”. Until you press it, you can check and correct everything you entered. We then send you an email that confirms the agreement, with these terms and the privacy notice attached so that you can keep them.
3. 2.3 We keep a record of which version of these terms you accepted and when. You can ask us for a copy of the version you accepted.
4. 2.4 General terms and conditions of a User, including those of a Vendor, do not apply.
5. 2.5 If a provision of these terms is void or annulled, the other provisions remain in force. Between Cardseekers and a Vendor, the invalid provision is replaced by a valid provision that comes as close as possible to its purpose.

Article 3. Your Account

1. 3.1 Scanning cards, keeping a collection and using the till require an Account. Provide correct and complete information and keep it up to date.
2. 3.2 You must be 16 or older to create an Account yourself. If you are younger than 16, you may only create an Account with the permission of a parent or guardian who has read these terms; you confirm this when you sign up. Scans of people under 16 are never used to train card recognition, and Discord level-ups and search-engine indexing are not available to them. If you are younger than 18, you also need your parent’s or guardian’s permission to use the Service.
3. 3.3 Your Account is personal. Keep your password secret and do not share your login. If you suspect that someone else has access to your Account, change your password and email privacy@cardseekers.nl.
4. 3.4 You must confirm your email address. A Collector who has not confirmed it within seven (7) days cannot sign in again until it is confirmed. A Vendor confirms it before the Account can be used.
5. 3.5 A Vendor may give Staff Members their own login. Staff Members act on behalf of the Vendor, and the Vendor is responsible for their use of the Service and for switching off their logins when they should no longer have access.
6. 3.6 If Cardseekers creates an Account for someone (for example by invitation), that person is asked to accept these terms when they first use it.

Article 4. The Service and changes to it

1. 4.1 The Service lets Users, among other things:
   1. recognise trading cards from photos;
   2. see indicative market information, such as offers, prices and price history;
   3. keep a collection, see its estimated value, set price alerts and receive emails such as a weekly summary;
   4. share a collection by link or public profile, earn achievements and levels, and check in at booths at fairs;
   5. for Vendors: run a till with stock, sales, purchases, trades, customers, card payments, receipts, fairs, booth pages and reports.
2. 4.2 The Service is free of charge. You do not pay money; you do provide personal data and Scan Photos, which we use as described in Article 6 and the privacy notice. Cardseekers may introduce paid features in the future. They will only apply to you if you agree to them.
3. 4.3 Cardseekers is in beta. We work to keep the Service available, secure and up to date, and we fix problems as soon as reasonably possible. Card recognition can be wrong and prices are a guide (Article 5). If the Service does not work as agreed, you have the rights the law gives you; for Consumers, these are the rights in Articles 7:50aa to 7:50ap of the Dutch Civil Code.
4. 4.4 Cardseekers may change the Service for valid reasons: to fix errors or security issues, to adapt to technical changes or changes in data sources, to handle growth in the number of Users, to comply with the law, or to improve the Service. Changes are free of charge. If a change has more than a minor negative effect on your access to or use of the Service, we tell you by email at least 30 days in advance, unless urgent security or legal reasons prevent this, with what changes and when; you may then end the agreement free of charge within 30 days after that email or after the change, whichever is later.
5. 4.5 Cardseekers may stop the Service as a whole by telling you by email at least 60 days in advance. Until the end, you can export your collection data.
6. 4.6 To protect the Service and keep its costs manageable, Cardseekers sets reasonable limits, such as on sign-in attempts and on the number of photo scans per day (currently 1,500 per Account). The Service tells you when you reach a limit.
7. 4.7 Keep your own copy of anything important to you. This applies especially to Vendors, who must keep their own records (Article 10).

Article 5. Card recognition, prices and third-party information

1. 5.1 The Service uses artificial intelligence and machine learning to read the text on cards (models run by our service provider Cloudflare) and to match photos to cards (Cardseekers’ own model, partly on your device). These systems make no decisions about you, and you can always correct the result. Recognition can be wrong: check the result yourself, especially before you buy, sell or trade a card.
2. 5.2 Prices, offers, values, price history, deals and other market information are a guide only. They are based on asking prices of other sellers, mainly on Cardmarket, collected automatically, and they can be incomplete, out of date or wrong. They are not sale prices, valuations or financial advice.
3. 5.3 Card images, names and other catalogue information come partly from third parties. Cardseekers is not affiliated with, endorsed by or sponsored by Nintendo, The Pokémon Company, Creatures, GAME FREAK, Cardmarket or any other rights holder. All trademarks and images remain the property of their owners.
4. 5.4 The Service links to websites and services of others, such as Cardmarket, Stripe and Discord. Their own terms apply to your use of them.

Article 6. Scan Photos and other User Content

1. 6.1 When you use the card scanner, the Service takes one or more Scan Photos and sends them to Cardseekers, which has the text read by its service provider Cloudflare. Each Scan Photo is stored with information about the Scan, such as the time, your Account, a random identifier of your device or browser, what was read from the card, the cards that were suggested and how certain each was, the card you chose, corrected or undid, and how the Scan ended. Part of the recognition can take place on your device.
2. 6.2 You keep any rights you have in your User Content; Cardseekers does not claim ownership of it. Scan Photos usually show cards made by others (such as The Pokémon Company). You do not need rights in those cards and give no guarantee about them.
3. 6.3 Licence to run the Service. You give Cardseekers a non-exclusive, royalty-free, worldwide licence to store, copy, process, adapt (for example crop, compress or annotate) and show your User Content, as far as needed to provide, secure and support the Service and to show it where you choose (for example your public collection page or booth page). For each item, this licence ends when you delete it or when your Account ends, except for copies in backups (deleted within one year) and copies Cardseekers must keep by law or for a legal claim.
4. 6.4 Licence to improve card recognition (Scan Photos only). For Scan Photos taken while training is switched on for your Account, and for what you record about those Scans, you also give Cardseekers a non-exclusive, royalty-free, worldwide licence to copy, keep, view, label and analyse them in order to train, test, evaluate and improve card recognition, and to create, use and publish Derived Data. This licence continues after your Account ends, except if you withdraw from the agreement (clause 15.1), switch training off (clause 6.6) or the law requires us to stop. Derived Data that already exists and cannot reasonably be separated, such as a trained model, remains with Cardseekers, because a trained model cannot “unlearn” a photo.
5. 6.5 How we handle Scan Photos:
   1. they are stored on systems of Cardseekers and its service providers. Originals are deleted after 180 days, or after 30 days if they may not be used for training. Copies used for training are kept at most three years after the Scan;
   2. members of the Cardseekers team may view Scan Photos together with the Account they came from, only to check, correct and label Scans and to handle support and misuse;
   3. training copies may be downloaded to secured computers of the Cardseekers team to train and test models, and are deleted there when they are no longer needed;
   4. we never publish Scan Photos and never give them to anyone other than service providers working for us;
   5. trained models and recognition indexes may be shared with all Users (for example downloaded to their devices) and published. They contain numerical fingerprints of cards, without Account, Scan or device identifiers, and we check this before publishing;
   6. what you choose or correct after a Scan (for example which card a photo shows) improves recognition for all Users.
6. 6.6 Training is on by default for people aged 16 and older. You can switch it off at any time in Settings › Privacy or by emailing privacy@cardseekers.nl, without giving a reason. From then on your Scan Photos are used only to recognise cards for you. Your earlier Scan Photos leave our training collection within 30 days and are not used to train new models; Derived Data that already exists remains (clause 6.4).
7. 6.7 Where a Scan Photo is protected by copyright, you agree that Cardseekers does not have to name you as its maker (Article 25(1)(a) of the Dutch Copyright Act), and you consent to the changes needed for the uses in this Article, such as cropping, rotating, compressing, annotating and turning it into Derived Data (Article 25(1)(b) and (c), as Article 25(3) allows). Your right to object to a distortion or other impairment that could harm your honour or reputation (Article 25(1)(d)) is not affected.
8. 6.8 Point the card scanner at cards only. Avoid photographing people, faces, documents or other personal information. When we find a Scan Photo that shows such information, we delete it.
9. 6.9 For User Content other than the cards you photograph (such as names, logos and notes), you confirm that you may use it. If you are a Consumer, you are only liable for claims of others about your User Content to the extent the claim results from a breach of these terms or of the law that can be attributed to you.
10. 6.10 You do not receive payment for these licences; you use the Service free of charge. This does not affect rights you have under mandatory law.
11. 6.11 Cardseekers may let its service providers use these licences on its behalf, and may let Users use published Derived Data (for example to recognise cards on their device). Cardseekers may transfer these licences only together with the Service as a whole (for example when the business is sold or merged), and will tell you beforehand.
12. 6.12 Cardseekers may use feedback, ideas and bug reports that you send to improve the Service, without obligation to you. The text may be copied into our private issue tracker and worked on with the help of AI-based development tools. We do not publish your name or contact details from feedback without your consent.

Article 7. Sharing and public features

1. 7.1 If you switch on sharing for your collection, anyone with the link or the address of your public profile can see your display name, the cards in your collection by set with their condition and quantity, your complete sets and top cards, an image with your level and, unless you hide them, their values. Cardseekers counts how often the page is viewed, not who views it. Search engines may only index your page if you choose so (not available under 16). You can switch sharing off at any time.
2. 7.2 If you switch on level-ups in Discord, your name, your level and a summary of your collection or sales are posted in the Cardseekers community Discord server, where Discord’s terms apply. You can switch this off at any time; we then delete your earlier level-up posts. This feature is not available to people under 16.
3. 7.3 If you check in at a booth at a fair, the Vendor sees how many people checked in, not who. Check-ins count towards achievements.
4. 7.4 A Vendor’s booth page publicly shows the Vendor’s business name and logo, the fair, and the stock and asking prices that the Vendor chooses to show.

Article 8. Rules of use

1. 8.1 When using the Service, you must not:
   1. act in breach of the law, these terms or the rights of others;
   2. try to gain unauthorised access to the Service, other Accounts or the underlying systems, or get around security measures or limits;
   3. copy, scrape or download in bulk, resell or otherwise make available the catalogue, prices, models, indexes or other data of the Service, other than through interfaces Cardseekers offers for that purpose and under their terms;
   4. decompile or reverse engineer the Service, except as far as mandatory law allows;
   5. overload or disrupt the Service, or use it by automated means other than those Cardseekers offers;
   6. submit content that is illegal, offensive, discriminatory, misleading or infringing, or that contains malware;
   7. pretend to be someone else, or use a name or handle that misleads others.
2. 8.2 If you break these rules, Cardseekers may take the measures in Article 9.

Article 9. Content moderation, reports and complaints

1. 9.1 Cardseekers only restricts content or Accounts if: (a) the content is illegal; (b) it breaks the rules in Article 8, for example a name, handle or logo that is offensive, discriminatory, misleading, impersonates someone or infringes rights; (c) the Account is used for misuse, such as attacks, scraping or getting around limits; or (d) the law or an authority requires it.
2. 9.2 Depending on how serious it is, Cardseekers may: refuse or reset a name or handle; hide or remove content; switch off the sharing of a collection or a booth page; switch off Discord level-ups; limit features; suspend an Account; or end an Account (clause 15.3). We choose the lightest measure that works, act carefully, objectively and proportionately, and take into account the interests and fundamental rights of everyone involved, including freedom of expression.
3. 9.3 Names and handles are checked automatically against a list of words that are not allowed; a matching name is refused when you enter it, with an explanation. Automatic limits apply to sign-in attempts, Scans and reports. All other measures are decided by a member of the Cardseekers team. Cardseekers never suspends or ends an Account by automated means alone.
4. 9.4 Anyone can report content they consider illegal, with the “Report this page” link on every public page or by email to privacy@cardseekers.nl. Please give: why you think it is illegal, the exact address (URL), your name and email address, and a statement that your report is accurate and complete and made in good faith. We confirm that we received your report, decide on it carefully, objectively and in good time, and tell you our decision and how to challenge it.
5. 9.5 If Cardseekers restricts your content or Account, we tell you by email, at the latest when the measure takes effect: what we did and for how long; the facts and the rule or law we rely on; whether we acted on a report or on our own initiative, and whether automated means were used; and how you can challenge the decision.
6. 9.6 You can object to such a decision free of charge within six months, by replying to that email or writing to privacy@cardseekers.nl. A person reviews your objection, if possible someone who was not involved in the decision, and we reply within 14 days. If the decision was wrong, we reverse it. You can also go to the competent court (Article 17) or complain to the Netherlands Authority for Consumers and Markets (ACM), the Dutch Digital Services Coordinator.
7. 9.7 The single point of contact for Users and for authorities under Articles 11 and 12 of the Digital Services Act is privacy@cardseekers.nl, in Dutch or English.

Article 10. Vendors

1. 10.1 Vendors use the Service in the course of their business. They are not Consumers, and the provisions of these terms and of the law that protect Consumers do not apply to them.
2. 10.2 The Vendor is solely responsible for its sales, purchases and trades, its prices and offers, its stock, receipts and refunds, its dealings with its customers, and its compliance with the law, including tax law, consumer law and the duty to keep records. The Service is not an accounting or bookkeeping system; its figures are a tool and do not replace the Vendor’s own records.
3. 10.3 Card payments go through the Vendor’s own Stripe account, under the agreement between the Vendor and Stripe. Cardseekers is not a party to those payments, is not a payment service provider and never receives the money. The Vendor’s Stripe key is stored encrypted and used only to create, check, cancel and refund payments that the Vendor starts. Cardseekers is not liable for payments, failed payments, refunds, chargebacks, fees or anything Stripe does or fails to do.
4. 10.4 When a Vendor records personal data of its customers or Staff Members in the Service, such as names, email addresses, phone numbers, notes and transactions, the Vendor is the controller of that data and Cardseekers processes it on the Vendor’s behalf as processor under Article 13.
5. 10.5 The Vendor is responsible for the devices it pairs with its Account (such as card scanner devices), for the links it shares (receipt links show the customer’s name) and for what it publishes on its booth page. Do not photograph customers with the card scanner; Scan Photos taken in a Vendor Account fall under Article 6 and the Vendor’s own training choice.

Article 11. Privacy

1. 11.1 How Cardseekers handles personal data — what we collect, why and on which legal basis, with whom we share it, how long we keep it, and your rights, including your right to object — is explained in the privacy notice at cardseekers.nl/privacy/ (in Dutch at cardseekers.nl/nl/privacy/). The privacy notice informs you; it is not part of this agreement, and nothing in these terms limits your rights under the General Data Protection Regulation (GDPR).

Article 12. Intellectual property

1. 12.1 The intellectual property rights in the Service, including its software, design, texts, the compilation of the catalogue and price data, and Cardseekers’ models, indexes and other Derived Data, belong to Cardseekers or its licensors. This does not include your User Content (Article 6) or the rights of others in card images, names and trademarks (clause 5.3).
2. 12.2 Cardseekers gives you a personal, non-exclusive and non-transferable right to use the Service in line with these terms, for as long as the agreement lasts.
3. 12.3 Separate terms apply to the price API at api.cardseekers.nl.

Article 13. Processing on behalf of Vendors

1. 13.1 This Article is the data processing agreement within the meaning of Article 28 GDPR between the Vendor (controller) and Cardseekers (processor) for the personal data referred to in clause 10.4. Its subject is storing, showing and otherwise processing that data so that the Vendor can use the Service; it lasts as long as the Vendor’s Account; the data subjects are the Vendor’s customers and Staff Members; and the data are names, contact details, notes and transaction data.
2. 13.2 Cardseekers processes this data only on the documented instructions of the Vendor, including on transfers to countries outside the European Economic Area. These terms, and the Vendor’s use and settings of the Service, are those instructions. If the law requires other processing, Cardseekers tells the Vendor beforehand, unless that law forbids it. Cardseekers tells the Vendor immediately if, in its opinion, an instruction breaks data protection law.
3. 13.3 Cardseekers ensures that the people authorised to process the data are bound by confidentiality, and takes appropriate technical and organisational measures as required by Article 32 GDPR, including encrypted connections, access only for those who need it, passwords and session tokens stored only as hashes, and backups.
4. 13.4 The Vendor authorises Cardseekers to use Cloudflare, Inc. (hosting, database and storage) as sub-processor, including transfers to the United States under the EU-US Data Privacy Framework or the European Commission’s standard contractual clauses. Cardseekers emails the Vendor at least 30 days before adding or replacing a sub-processor; the Vendor may object within that period and, if the objection cannot be resolved, end the agreement and have its data deleted. Cardseekers imposes the same data protection obligations on every sub-processor by contract and remains fully liable to the Vendor for them.
5. 13.5 Taking into account the nature of the processing, Cardseekers helps the Vendor with requests from data subjects and with the obligations in Articles 32 to 36 GDPR. Cardseekers notifies the Vendor of a personal data breach affecting this data within 48 hours after becoming aware of it, with the information listed in Article 33(3) GDPR as far as available.
6. 13.6 When the Vendor’s Account ends, the Vendor can export its data for 30 days; Cardseekers then deletes the data within 30 days, unless the law requires it to be kept. Copies in backups are deleted within one year.
7. 13.7 Cardseekers makes available the information needed to show that it complies with this Article, and allows audits by the Vendor or an auditor it appoints, at the Vendor’s expense, with reasonable notice, once a year and also after a personal data breach or at the request of a supervisory authority.
8. 13.8 The Vendor confirms that it has a lawful basis for the personal data it records, and that it informs its customers and Staff Members about the processing.

Article 14. Liability

1. 14.1 If Cardseekers fails to perform the agreement and this can be attributed to it, Cardseekers is liable for the resulting damage as set out in this Article.
2. 14.2 Cardseekers’ liability is limited to direct damage, up to the amount you paid Cardseekers for the Service in the twelve (12) months before the event that caused the damage or, if you paid nothing, up to fifty euros (EUR 50). These limits do not apply to damage caused by intent or gross negligence of Cardseekers or its management, to death or personal injury, to your statutory remedies if the Service does not work as agreed, or to claims under Article 82 GDPR.
3. 14.3 Cardseekers is not liable to a Vendor for indirect or consequential damage, including lost profit, lost revenue, missed sales, damage resulting from incorrect stock or transaction data, and damage resulting from claims of the Vendor’s customers, unless caused by intent or gross negligence of Cardseekers or its management. A claim of a Vendor lapses if it is not brought within one (1) year after the Vendor became aware of the damage.
4. 14.4 Cardseekers is not liable for a failure caused by circumstances it could not reasonably prevent or avoid (force majeure), such as failures of third-party providers, internet or power outages, cyberattacks and measures of public authorities.
5. 14.5 A Vendor indemnifies Cardseekers against claims of the Vendor’s customers and other third parties arising from the Vendor’s use of the Service or breach of these terms. A Consumer is only liable for claims of others to the extent described in clause 6.9.
6. 14.6 Nothing in these terms limits liability that cannot be limited under mandatory law, or takes away rights that a Consumer has under mandatory law.

Article 15. Withdrawal, suspension and ending the agreement

1. 15.1 Right of withdrawal. If you are a Consumer, you may withdraw from this agreement within 14 days after creating your Account, without giving a reason and free of charge. Use “Withdraw from the agreement” in Settings, the model withdrawal form at the end of these terms, or any other clear statement to privacy@cardseekers.nl. Using the Service during the 14 days does not end this right. When you withdraw, we delete your Account and every Scan Photo, stop using your other User Content (except Derived Data that has been combined with other data and cannot reasonably be separated), and confirm this by email.
2. 15.2 You may end the agreement at any time by deleting your Account in Settings (“Delete my account”) or by emailing privacy@cardseekers.nl from the email address of your Account. We then delete your Account and your personal data as described in the privacy notice. Scan Photos you took while training was switched on stay in our training collection under clause 6.4, without any link to you; your other Scan Photos are deleted.
3. 15.3 Cardseekers may suspend or restrict your Account only on the grounds in clause 9.1, and only for as long as necessary. Cardseekers may end the agreement (a) immediately in case of a serious or repeated breach of these terms, misuse or a security risk, or (b) otherwise by telling you by email at least 30 days in advance. Cardseekers ends an Account that has not been used for 24 months only after warning you by email at least 30 days in advance. You are told the reasons (clause 9.5) and can object (clause 9.6).
4. 15.4 When the agreement ends, your right to use the Service ends. Clauses 6.4, 6.12 and 12.1 and Articles 14 and 17 remain in force, as do other provisions that by their nature are meant to continue.

Article 16. Changes to these terms

1. 16.1 Cardseekers may change these terms for valid reasons: new or changed features, changes in the law or in the guidance of authorities, security, or making the terms clearer. We send you the new version by email at least 30 days before it takes effect, with a summary of the changes. Changes that are only to your benefit, or that the law requires sooner, may take effect earlier.
2. 16.2 If you do not agree with a change, you may end the agreement free of charge before the new version takes effect; until then the old version applies to you. Material changes, and every change to how your Scan Photos are used, apply to you only after you have accepted them in the Service.

Article 17. Applicable law, complaints and disputes

1. 17.1 Dutch law applies to these terms and to every agreement between Cardseekers and a User. If you are a Consumer living in another country, you keep the protection of the mandatory law of that country. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
2. 17.2 Complaints about the Service can be sent to privacy@cardseekers.nl. We reply within 14 days; if a complaint needs more time, we tell you within those 14 days when you can expect an answer.
3. 17.3 If you are a Consumer, you may bring a dispute before the competent court in the Netherlands or before the competent court of your place of residence, and Cardseekers may bring proceedings against you only before the competent court of your place of residence. For disputes with Vendors, the competent court in the Netherlands has exclusive jurisdiction.
4. 17.4 These terms are published in Dutch and in English. If the versions differ, the Dutch version prevails, except that a Consumer may rely on the version that is more favourable to them.

Article 18. Contact

1. 18.1 Cardseekers, privacy@cardseekers.nl. Questions, privacy requests, complaints, reports and requests to delete an Account can be sent to privacy@cardseekers.nl.

Model withdrawal form

(Only fill in and return this form if you want to withdraw from the agreement.)

To: Cardseekers, privacy@cardseekers.nl

I hereby give notice that I withdraw from my agreement for the provision of the following service: the Cardseekers account

Account created on:

Name:

Email address of the Account:

Address:

Date:

Signature (only if this form is sent on paper):