Terms of Service.

Article 01

Agreement to Terms

By accessing and using the SortSwift platform (the "Service"), you accept and agree to be bound by the terms and provision of this agreement. If you do not agree to abide by the above, please do not use this service.

SortSwift reserves the right, at its sole discretion, to make changes to these Terms of Service at any time. You are responsible for regularly reviewing these terms. Your continued use of the Service following the posting of revised Terms of Service means that you accept and agree to the changes.

Article 02

License and Permitted Use

The Service includes the SortSwift website and web app, the SortSwift mobile apps, the kiosk, storefront, and buylist pages, card scanning and card recognition, SortSwift's product catalog and prices, Inventory API Access, the Merchant API, webhooks, Exports, and the software and firmware in SortSwift hardware such as the Super Sorter and Simple Sifter, together with everything they produce.

SortSwift grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to use the Service only for the internal business operations of the stores, websites, and other sales channels that you own or operate yourself under your own SortSwift account (your "Own Business"). Your Own Business may include several stores or locations that you own, staff accounts you create in SortSwift, and people such as an accountant, bookkeeper, or developer who work on your Own Business for you alone. This is a license, not a sale. SortSwift, LLC and its licensors keep every right that this Article does not expressly grant. If you buy SortSwift hardware, you own the device; the software and firmware on it, and the scanning, recognition, and sorting it performs through the Service, are licensed to you under this Article, not sold.

"SortSwift Data" is information that SortSwift creates rather than information you entered, however it reaches you, whether in the app, in an Export, in an API response or webhook, from a scan, or from SortSwift hardware. It includes card recognition and scan results, such as the game, card name, set, collector number, printing, finish, language, catalog identifiers, and confidence returned for an image; SortSwift's product catalog and card matching; SortSwift identifiers such as Stock Item IDs; SortSwift Market prices; the sorting sessions and bin assignments that SortSwift hardware produces; and the structure and layout of SortSwift's files, reports, and API responses. SortSwift Data is not part of your User Submissions. SortSwift licenses it to you only as part of the Service and only for your Own Business.

You agree that you will not, and will not help or allow anyone else to:

• Sell, resell, rent, lease, sublicense, white-label, or rebrand the Service or SortSwift Data, or provide either to anyone else as a service bureau, outsourced, time-share, or hosted service.
• Embed, integrate, or use any part of the Service or SortSwift Data, including card scanning, card recognition, the product catalog, prices, the APIs, and SortSwift hardware and its output, in or to power a product, application, or service that is offered or made available to any other store or business, whether for a fee or for free, and whether under your name, SortSwift's, or anyone else's.
• Use your SortSwift account, login, API keys, or hardware to scan, identify, price, sort, list, or sync cards or inventory for a store or business that you do not own or operate. Each such business needs its own SortSwift account.
• Use the Service or SortSwift Data to build, train, test, benchmark, or improve a card recognition, card identification, catalog, pricing, or other product that competes with SortSwift, including by collecting recognition or scan results to train or evaluate a model.
• Reach card scanning, card recognition, or any other part of the Service except through SortSwift's own apps, websites, and hardware, or through an API that SortSwift has made available to you, used as SortSwift documents it. Calling a SortSwift endpoint from your own software with your login or a session token is not a documented use.
• Scrape, crawl, harvest, or bulk-download the product catalog, prices, or other SortSwift Data, or work around any limit, quota, key, or access control in the Service.
• Copy, modify, decompile, or reverse engineer any SortSwift software, including the software and firmware in SortSwift hardware, except where the law allows it despite this restriction, or remove any copyright or other proprietary notice from it.
• Use the Service in violation of any applicable law or regulation.

Free and unlimited scanning. Card scanning and card recognition, including the free and unlimited scanning offered on every plan, are provided so your Own Business can identify and manage the cards it holds, buys, sells, or takes on consignment. "Unlimited" means SortSwift does not charge per scan or set a monthly scan count for that use. It is not permission to use scanning commercially beyond your Own Business. In particular, you may not use free or unlimited scanning, or any other scanning or recognition:

• To scan or identify cards for anyone else as a service, whether for a fee or for free.
• To power, or to supply live results to, a product, app, or service offered to other stores or businesses, including scanning inside another company's app.
• From your own software, scripts, or servers, or by any automated means other than SortSwift's own apps and hardware.
• At a volume or in a pattern that is not your Own Business handling its own cards, such as building a catalog, an image set, or a price or recognition data set.

SortSwift may rate-limit, cap, or suspend free scanning for any account whose use it reasonably believes falls outside this Article.

Connecting software that your Own Business uses for itself to your own SortSwift account through Inventory API Access, as SortSwift documents it, is allowed, subject to Exports and Scheduled Reports.

Any other use requires a separate written agreement signed by SortSwift, LLC. That includes offering the Service, SortSwift hardware, or SortSwift Data to other stores or businesses through your own product, and any reseller, partner, OEM, embedded, white-label, or usage-based arrangement. A plan, add-on, API key, or hardware purchase, or a conversation with SortSwift support, is not such an agreement.

Store Directory and Exports and Scheduled Reports apply this Article to those parts of the Service; where they are stricter, they control. A breach of this Article is a material breach of these Terms of Service and is grounds for immediate suspension or permanent termination of your account, without prior notice and without a refund, under Termination of Service. SortSwift may also revoke API keys, stop scanning, recognition, or hardware access, and seek an injunction and its damages.

Article 03

User Responsibilities

You are responsible for maintaining the confidentiality of your account information and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password. You agree to notify SortSwift immediately of any unauthorized use of your account.

You agree not to use the Service for any purpose that is illegal or prohibited by these terms, conditions, and notices. You agree not to use the Service in any way that could damage, disable, overburden, or impair SortSwift servers or networks.

You may not use the Service to transmit any harassing, threatening, defamatory, obscene, or otherwise objectionable material of any kind or nature.

Article 04

Store Directory (Find a Store map)

SortSwift publishes a map of card shops that use SortSwift and the services they offer at sortswift.com/store-map (the "Store Directory"), so collectors can find a shop to sell cards to, buy from, or visit. The Store Directory shows no shop until you tick "I agree" and click "Open the map". Doing that, or requesting the Store Directory's data from SortSwift's servers in any other way, is your agreement to this Article with SortSwift, LLC. This Article applies to everyone who uses the Store Directory, whether or not they have a SortSwift account, and to any business they work for or act for.

You may use the Store Directory only to find a shop to sell your cards to, buy from, or trade with, or whose services or events you want to use, and to contact that shop for those reasons. You agree that you will not:

• Use the Store Directory, or any information you obtained from it, to contact a listed shop, its owners, or its staff to advertise, market, sell, or promote any product or service to them, including software, marketplaces, services, and supplies, by any channel, including email, phone, text message, direct message, and social media. Offering a shop your own cards, as described above, is allowed.
• Ask a listed shop to become a customer, user, reseller, or partner of any software, platform, marketplace, or service, including one that competes with SortSwift.
• Recruit, survey, or interview a listed shop, or conduct market research on it, including about the software it uses, whether or not the request is described as research, a question, or feedback.
• Copy, scrape, crawl, download, harvest, or compile the Store Directory or any shop's details, by hand or by automated means.
• Sell, share, publish, or transfer any information obtained from the Store Directory to anyone else.

If you breach this Article, your permission to use the Store Directory ends immediately and you must delete any information you obtained from it. SortSwift may block your access and may seek an injunction, its damages, and, to the extent the law allows, its reasonable attorneys' fees. SortSwift keeps a record of each agreement to this Article, including the date and time, the version of the terms, the IP address, and the browser, and may use that record to enforce it.

Article 05

Data Accuracy and Inventory Management

You are solely responsible for the accuracy, quality, and legality of all inventory data and information you input into the SortSwift platform. SortSwift provides tools for inventory management, pricing, and syncing but does not guarantee the accuracy of synced data across third-party platforms.

You acknowledge that SortSwift's autopricing, scanning, and syncing features are tools to assist your operations and that you retain full responsibility for all pricing decisions, inventory levels, and business outcomes.

Article 06

Inventory Data Retention

SortSwift does not delete inventory data solely because a subscription is canceled. Synced items, listed items, inventory records, and related inventory history remain preserved unless the account owner requests removal.

Inventory data removal cannot be completed manually from inside the SortSwift app. Deletion must be requested through SortSwift support by contacting [email protected].

The 3-year inventory data expiration applies only when an account has no active subscriptions and remains dormant. Active subscriptions are not subject to dormant-account inventory data expiration.

Article 07

Exports and Scheduled Reports

SortSwift lets you export your inventory, sales, and other records as files, such as CSV, Excel, and PDF files, and have reports delivered on a schedule by email, Slack, Google Sheets, or FTP (together, "Exports"). Exports are provided so you can run your own business: to keep your own records, for your accounting and taxes, and to list and sell on the marketplaces and platforms you use.

Exports can contain SortSwift Data, as defined in License and Permitted Use, including SortSwift identifiers such as Stock Item IDs, SortSwift's product catalog and card matching, SortSwift Market prices, and the structure and layout of SortSwift's files and reports. SortSwift licenses it to you only for the uses this Article and License and Permitted Use allow. Everything this Article says about SortSwift Data applies however it reaches you, including through Inventory API Access, the Merchant API, webhooks, card scanning and recognition results, and SortSwift hardware, and not only in Exports.

You agree that you will not:

• Share, send, forward, upload, or otherwise give any Export, or any SortSwift Data, to a company that provides software or services that compete with SortSwift, to anyone acting for one, or to anyone you know will pass it to one. This includes inventory management, listing, pricing, point-of-sale, buylist, and marketplace-syncing software and services. It applies equally to an Export that was first delivered to your own email, Slack, spreadsheet, or storage.
• Ask SortSwift for a feature, report, report field, export column, integration, or other change, including through support tickets or live chat, in order to build, support, or supply data to a product or service that competes with SortSwift, or give what SortSwift provides in response to a company described above.
• Give a company described above, or anyone acting for one, access to your SortSwift account, your login, or any delivery of your scheduled reports.
• Set up a scheduled report, a forwarding rule, a shared inbox, a shared spreadsheet, or any other arrangement that sends Exports to a company described above automatically.
• Use Exports or SortSwift Data to build, test, or improve a product that competes with SortSwift, or a tool that converts, imports, or moves SortSwift data into another product.
• Use Exports or scheduled reports in place of a paid SortSwift feature, such as Inventory API Access, including to keep another system continuously in sync with your SortSwift inventory.

This Article does not restrict sending Exports to your own accountant, bookkeeper, tax preparer, or lawyer; to a marketplace or platform you sell on, in order to list or sell there; or to software that does not compete with SortSwift, such as accounting software, for your own business use.

If you stop using SortSwift, you may export the records you entered yourself, such as your products, conditions, languages, quantities, and your own prices and notes, and load them into another provider's product for your own use. This does not permit giving that provider SortSwift identifiers or SortSwift Market prices, a scheduled or automatic delivery, or access to your account, or helping it build or offer a tool that converts or imports SortSwift data for anyone else.

For example, asking SortSwift to add fields to a report or to schedule a report, and then giving that report, or the files it delivers, to a competing software provider so that it can build or run an importer or any other tool, is a breach of this Article. It is a breach whether the report was delivered to you first or went to the provider directly, and whether you gave it yourself or through someone else.

A breach of this Article is a material breach of these Terms of Service and is grounds for immediate suspension or permanent termination of your account, without prior notice and without a refund, under Termination of Service. SortSwift may also stop your Exports and scheduled reports and may seek an injunction and its damages.

Article 08

Third-Party Integrations

SortSwift integrates with third-party platforms including but not limited to Shopify, TCGplayer, CardTrader, Mana Pool, and CardNexus. Your use of these integrations is governed by the respective third-party's terms of service and privacy policies. SortSwift is not responsible for the performance, availability, or security of third-party services.

You are responsible for maintaining valid credentials and API keys for third-party integrations. SortSwift will not be liable for any data loss or service disruption resulting from third-party service failures or changes.

Article 09

Intellectual Property Rights

The materials on SortSwift's website and within the Service, including its software, the software and firmware in SortSwift hardware, card recognition, the product catalog, and SortSwift Data, are owned by SortSwift and its content suppliers and are protected by international copyright laws. You may not republish, reproduce, redistribute, or transmit any content or materials without prior written consent from SortSwift.

All trademarks, logos, and brand names are the property of their respective owners. SortSwift's name, logo, and related marks are trademarks of SortSwift, LLC.

Article 10

Disclaimer of Warranties

Further, SortSwift does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to this site.

Article 11

Limitation of Liability

Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

Article 12

Indemnification

You agree to indemnify and hold harmless SortSwift and its officers, directors, employees, agents, and successors from and against any third-party claims, damages, costs, and expenses (including reasonable attorneys' fees) arising out of or related to (i) your violation of these Terms of Service, (ii) your use of the Service, or (iii) your violation of any applicable laws or the rights of any third party.

Article 13

User Submissions

You retain all ownership rights to any data, inventory information, or other content you submit to the Service ("User Submissions"). By submitting User Submissions, you grant SortSwift a limited, worldwide, royalty-free license to use, reproduce, modify, and display such submissions for the purpose of providing and improving the Service. User Submissions do not include SortSwift Data, which is described in License and Permitted Use.

You represent and warrant that you own or have the necessary rights to all User Submissions and that such submissions do not violate any applicable laws or third-party rights.

Article 14

Service Availability

SortSwift makes reasonable efforts to keep the Service available but does not guarantee that the Service will be available at all times or free from interruption. SortSwift may perform maintenance, updates, or other work that could temporarily make the Service unavailable.

SortSwift is not responsible for any data loss, service interruptions, or business losses resulting from scheduled or unscheduled downtime.

Article 15

Fees and Payment Processing

SortSwift takes no commission on POS sales and charges a 2% storefront fee.

Stripe's processing fees, Stripe Connect payout fees (0.25% per sale, 25¢ per payout, and $2 per month in which the store receives a payout), Stripe Tax calculation fees, and Instant Payout fees (if used) are the store's, passed through at cost.

SortSwift collects estimates of these fees as sales settle and settles any difference to what Stripe actually billed. An owed difference is collected from future sales, at most 10% of any one sale, and an overpayment is credited against future fees.

Article 16

Refund Handling

Refund requests and refund handling are reviewed and determined at SortSwift's discretion.

Unless SortSwift determines or grants otherwise, refunds will primarily be issued as account credit to the payment profiles associated with your account rather than by bank transfer.

Article 17

Termination of Service

SortSwift may terminate or suspend your account and access to the Service immediately, without prior notice or liability, for any reason whatsoever, including if you breach the Terms of Service or conduct that SortSwift believes is harmful to other users, third parties, or SortSwift itself.

Breaching Exports and Scheduled Reports, or the restrictions in License and Permitted Use, is grounds for immediate and permanent termination, without a refund. This includes giving Exports or SortSwift Data to a competing software provider, asking SortSwift for features or report fields in order to build or supply a tool for one, and reselling, sublicensing, or embedding the Service or SortSwift Data in a product offered to other stores or businesses. If SortSwift terminates an account for that reason, the person or business that held it may not open or use another SortSwift account, whether directly or through anyone else.

Upon termination, your right to use the Service will immediately cease. Your billing for paid services will also cease, except that you will be charged for any usage incurred before termination.

Article 18

Governing Law

These terms and conditions are governed by and construed in accordance with the laws of the State of Oklahoma, United States, and you irrevocably submit to the exclusive jurisdiction of the courts in that location.

Article 19

Contact Information

For questions, concerns, or requests related to these Terms of Service, please contact us at: [email protected]