Terms

Capsule Terms & Conditions

1. Who we are and what these Terms cover

These Terms & Conditions (“Terms”) are an agreement between you and Capsule Collections Corp., doing business as “Capsule” (“Capsule”, “we”, “us”), located at 175 Bloor Street East, Suite 1800, South Building, Toronto, Ontario M4W 3R8, Canada.

They govern your use of the Capsule mobile application, the collectcapsule.com website (including public card pages), Capsule NFC-enabled card cases and related hardware (“Capsule cases”), and all related services (together, the “Service”).

By creating an account, tapping a Capsule case, or otherwise using the Service, you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Service.

2. Who can use Capsule

You must be at least 13 years old to use the Service. If you are under the age of majority where you live (18 or 19 in most of Canada), a parent or legal guardian must review and agree to these Terms on your behalf and is responsible for your use of the Service. Features that involve payments or the embedded wallet may additionally require you to have reached the age of majority or to have your guardian’s consent. You may only use the Service in compliance with applicable law.

3. The Service

Capsule provides a digital identity and provenance record for physical trading cards. Core features include: registering a card housed in a Capsule case; automated condition estimates (“Capsule Grade”); a provenance history of registration, verification, and ownership-transfer events; verification of a case by NFC tap; transfers of registered cards between collectors; public card pages; and collector profiles. Features may be added, changed, or removed over time (see Section 21).

4. Your account

You sign in through our authentication provider, Privy, using your email address or a supported sign-in provider. You agree to provide accurate information, keep your sign-in credentials and devices secure, and not share your account. You are responsible for all activity under your account. Notify us promptly at info@collectcapsule.com if you suspect unauthorized access. We may suspend or restrict accounts that violate these Terms.

5. Capsule Grade: automated condition estimates

Capsule Grade is an automated estimate of a card’s condition generated by software, including third-party artificial-intelligence models, from photos you take.

A Capsule Grade is an opinion, not a fact. It is not an authentication, appraisal, valuation, insurance assessment, or financial, investment, or purchasing advice. Grades are probabilistic and depend on photo quality, lighting, and model behavior. A grade may differ from the opinion of a human grader or another grading service, and the grade for the same card may change if it is re-scanned or as our systems improve.

You must not rely on a Capsule Grade when deciding to buy, sell, trade, or insure a card. We make no promise that any card is genuine, unaltered, or of any particular condition or value, and to the maximum extent permitted by law we are not liable for decisions made, or losses incurred, in reliance on a Capsule Grade.

6. What “Verified” means

When the Service describes a card or case as “Verified”, it means only this: a Capsule chip that was physically present was cryptographically authenticated, and it matches a provenance record in our system. Verification is a statement about the chip and its record. It is not a statement that the card inside the case is authentic, unaltered, correctly identified, or of any particular condition or value. You are solely responsible for evaluating any card before buying, selling, or trading it.

7. Capsule cases and other physical products

Purchases of Capsule cases and other physical products are subject to the price, shipping, tax, and return terms presented at checkout. Risk of loss passes to you on delivery.

Hardware support. Capsule cases are provided without an express warranty. If a case or its chip has a problem, contact us at info@collectcapsule.com and we will try to help, which may include repairing or replacing the hardware at our discretion. A chip failure does not erase a card’s provenance record, which remains recoverable through your account or by contacting support. To the maximum extent permitted by law, we are not liable for the value of any card housed in a case. Nothing in this section limits warranties or remedies that applicable consumer law does not allow us to limit.

8. Registering cards; permanent card records

When you register a card, you confirm that the card is in your possession and that, to your knowledge, it is authentic. You must not register counterfeit, altered, or misrepresented cards.

Photos you submit of a card, its Capsule Grade, and its provenance events (registrations, verifications, transfers, including associated wallet addresses, timestamps, and city-level location stamps) become part of that card’s permanent record. Because the record documents the physical card itself and must remain verifiable for future holders, the card record persists even if you later delete your account or transfer the card, as described in the Privacy Policy. Card pages, including these records, are publicly visible.

9. Transfers between collectors

The Service lets you transfer a registered card’s digital record to another collector. We facilitate the record update only: we are not a party to, broker of, or escrow for any sale, trade, or payment between collectors, and we do not verify your counterparty. Confirm who you are dealing with before transferring. Completed transfers are final. Any dispute about a sale or trade is between you and the other collector. Service fees for transfers are shown before you confirm and, once the transfer is processed, are non-refundable except where required by law.

10. Wallets and blockchain records

An embedded blockchain wallet is created for your account through our provider, Privy, and is operated subject to Privy’s terms. Certain provenance records are written to the Solana public blockchain.

You acknowledge that: blockchain records are public, permanent, and cannot be edited or deleted by us or anyone; blockchain transactions are irreversible; and public blockchain networks are outside our control and may suffer congestion, outages, forks, or protocol changes for which we are not responsible.

Cards, card records, and any associated digital records or tokens are collectibles. They are not investments, securities, currencies, or financial instruments, and nothing in the Service is financial, investment, legal, or tax advice. You are solely responsible for any taxes arising from your activity.

11. XP, levels, and ranks

Points, XP, levels, ranks, and similar features are for entertainment. They have no monetary value, are not your property, cannot be sold or exchanged, and may be modified, recalculated, or reset at any time without liability.

12. Market data

Card pricing and market information shown in the Service comes from third-party sources, is provided for general information only, may be inaccurate, incomplete, or out of date, and is not an offer, appraisal, or valuation. We are not liable for decisions made in reliance on it.

13. Your content

“Your Content” means material you submit to the Service, including card photos, your display name, handle, avatar selection, and anything else you post. You retain ownership of Your Content.

You grant us a worldwide, non-exclusive, royalty-free licence, with the right to sublicense to our hosting and processing providers, to host, store, reproduce, adapt (for technical display purposes), display, and distribute Your Content for the purposes of operating, providing, securing, improving, and promoting the Service. This licence ends when you delete the relevant content or your account, except that: (a) content forming part of a card’s permanent record (card photos, grades, provenance events) persists as part of that card’s history under Section 8; (b) content may persist in routine backups for a limited period; and (c) records written to a public blockchain cannot be deleted.

You represent that you own Your Content or have the rights needed to grant this licence, and that Your Content does not infringe anyone’s rights.

14. Community rules; zero tolerance for objectionable content

We have zero tolerance for objectionable content and abusive users. You must not submit content that is unlawful; infringing; hateful, harassing, threatening, or bullying; sexually explicit; gratuitously violent; deceptive or spam; that impersonates any person; or that exposes another person’s private information.

The app provides tools to report content or users and to block users. We review reports and act on legitimate reports within 24 hours, including by removing the content and, where appropriate, ejecting the user who provided it. We may remove any content, or restrict, suspend, or terminate any account, at our discretion to protect the Service and its users.

15. Prohibited conduct

You must not: register or present counterfeit or misrepresented cards; attempt to defeat, clone, or tamper with Capsule chips, NFC security, or cryptographic keys; probe, scrape, or access the Service by automated means or interfere with rate limits and security measures; reverse engineer the Service except where the law permits; resell the Service; use the Service for unlawful purposes; or interfere with anyone else’s use of the Service.

16. Our intellectual property

The Service, including the app, website, software, design, and the Capsule name and branding, belongs to us and our licensors. We grant you a limited, personal, non-transferable, non-commercial, revocable licence to use the app and Service in accordance with these Terms and the applicable app store’s rules. If you send us feedback, we may use it without obligation to you.

17. Trading card brands

Capsule is an independent product. We are not affiliated with, endorsed by, or sponsored by Nintendo, The Pokémon Company, The Pokémon Company International, or any trading card publisher or manufacturer. Card names, artwork, logos, and trademarks belong to their respective owners. Card images that appear in the Service are photographs submitted by users of physical cards in their possession, displayed for identification and provenance purposes.

18. Intellectual-property complaints

If you believe content on the Service infringes your rights, email info@collectcapsule.com with: identification of the work and of the allegedly infringing content (including its URL or location in the app); your contact details; a statement that you believe in good faith the use is unauthorized; a statement that your notice is accurate and, under penalty of perjury, that you are the rights holder or authorized to act for them; and your physical or electronic signature. We may remove content in response to valid notices, will forward counter-notices where applicable, and terminate repeat infringers.

19. Third-party services

The Service depends on third-party services, including Privy (sign-in and wallets), the Apple App Store and Google Play, and public blockchain networks. Their terms and privacy policies apply to their services, and we are not responsible for third-party services we do not control.

20. Fees and payments

Any fees are shown to you before you pay. Except as required by law or expressly stated otherwise, fees are non-refundable once the related service has been performed. We may change fees prospectively with notice; changes do not affect transactions already completed.

21. Availability and changes to the Service

We do not promise that the Service will be uninterrupted, error-free, or available in any particular location. We may impose usage limits, and we may add, change, or discontinue features (particularly features labelled beta or experimental) at any time. Where a change materially reduces the core Service, we will give reasonable notice where practicable.

22. Termination

You may stop using the Service at any time and may delete your account in the app or by emailing info@collectcapsule.com. We may suspend or terminate your access if you breach these Terms, create risk or legal exposure for us or other users, or where required by law.

On termination, your licence to use the app ends. Your physical cards are unaffected: they remain yours. Card records and blockchain records persist as described in Sections 8, 10, and 13 and in the Privacy Policy. Sections that by their nature should survive (including Sections 5, 6, 8, 10, 13, and 23 through 28) survive termination.

23. Disclaimers

To the maximum extent permitted by law, the Service is provided “as is” and “as available”, and we disclaim all warranties and conditions, express or implied, including merchantability, fitness for a particular purpose, title, and non-infringement. Without limiting this, we make no warranty about the accuracy of any Capsule Grade, verification result, or market data, about the authenticity or value of any card, or about the operation of any blockchain network.

24. Limitation of liability

To the maximum extent permitted by law: (a) we are not liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, lost data, or loss of goodwill; (b) we are not liable for the value of any trading card, for transactions or disputes between collectors, for losses caused by unauthorized access resulting from your failure to secure your credentials or devices, or for the acts or omissions of blockchain networks or other third parties; and (c) our total aggregate liability for all claims relating to the Service is limited to the greater of the amounts you paid us in the 12 months before the event giving rise to the claim, or CAD $100.

Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law, including liability for fraud, gross negligence, or death or personal injury caused by negligence.

25. Your consumer rights

If the consumer-protection law where you live gives you rights that cannot be waived by contract, those rights prevail over anything inconsistent in these Terms, and nothing in these Terms reduces them.

26. Indemnity

To the extent permitted by law, you will indemnify us against third-party claims, and associated reasonable costs, arising from Your Content, your transactions with other collectors, your misuse of the Service, or your breach of these Terms or applicable law.

27. Governing law and disputes

These Terms are governed by the laws of Ontario, Canada, without regard to conflict-of-laws rules. Before starting any formal proceeding, contact us at info@collectcapsule.com and we will try in good faith to resolve the dispute within 30 days. Subject to Section 25, disputes will be resolved in the courts of Ontario, sitting in Toronto, and both parties attorn to their jurisdiction. If the mandatory consumer law of your place of residence entitles you to bring proceedings in your local courts or under your local law, these Terms do not take away that right.

28. Apple App Store: additional terms

If you downloaded the app from the Apple App Store, the following applies:

Acknowledgement. These Terms are between you and Capsule only, not with Apple Inc. (“Apple”). Apple is not responsible for the app or its content.

Licence scope. Your licence to the app is limited to a non-transferable licence to use it on Apple-branded products that you own or control, as permitted by the Usage Rules in the App Store Terms of Service, except that the app may be accessed by other accounts associated with you via Family Sharing or volume purchasing.

Maintenance and support. We, not Apple, are solely responsible for the app and for any maintenance and support. Apple has no obligation to furnish maintenance or support services for the app.

Warranty. We are solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. If the app fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price of the app (if any) to you. To the maximum extent permitted by law, Apple has no other warranty obligation with respect to the app, and any other claims, losses, liabilities, damages, costs, or expenses attributable to a failure to conform to a warranty are our sole responsibility.

Product claims. We, not Apple, are responsible for addressing any claims by you or a third party relating to the app or your possession and use of it, including product-liability claims, claims that the app fails to conform to legal or regulatory requirements, and claims under consumer-protection, privacy, or similar legislation.

Intellectual property. If a third party claims that the app or your possession and use of it infringes their intellectual-property rights, we, not Apple, are solely responsible for the investigation, defence, settlement, and discharge of the claim.

Legal compliance. You represent and warrant that you are not located in a country subject to a U.S. Government embargo or designated by the U.S. Government as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.

Contact. Questions, complaints, and claims regarding the app should be directed to Capsule Collections Corp., 175 Bloor Street East, Suite 1800, South Building, Toronto, Ontario M4W 3R8, Canada, info@collectcapsule.com.

Third-party terms. You must comply with applicable third-party terms of agreement when using the app (for example, your wireless data service agreement).

Third-party beneficiary. Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these 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.

29. Google Play

If you downloaded the app from Google Play, these Terms are between you and Capsule only. Google is not a party to these Terms and is not responsible for the app, and your download and use of the app must also comply with the Google Play Terms of Service.

30. Changes to these Terms

We may update these Terms. For material changes we will give you reasonable advance notice in the app or by email. Continued use of the Service after a change takes effect means you accept the updated Terms; if you do not accept them, stop using the Service and delete your account.

31. General

These Terms, together with the Privacy Policy and any terms presented at checkout, are the entire agreement between you and us about the Service. If any provision is found unenforceable, the rest remain in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms; we may assign them to an affiliate or in connection with a merger, acquisition, or sale of assets. Neither party is liable for delay or failure caused by events beyond its reasonable control.

32. Contact