Terms of Service

1. Eligibility

You must be at least 18 years old, or the age of majority where you live if that is higher, and able to enter into a binding contract. The Platform is not directed to anyone younger.

You may use the Platform only while physically located where accessing it and making purchases on it is lawful for you. We cannot give you legal advice or any assurance about the laws that apply to you: it is your sole responsibility to know and follow the laws where you live and where you are located. We may restrict or refuse access to any person, location, payment method or feature at any time.

You use the Platform in your personal capacity, for recreational and entertainment purposes only.

You may not use the Platform if we have previously suspended or closed your account, or if you are subject to sanctions administered by the United States or another applicable authority.

2. Your account

You may hold one account. The information you provide must be accurate and kept up to date. You are responsible for all activity under your account and for keeping your credentials secure. Tell us immediately at [email protected] if you suspect unauthorized access.

Accounts are personal and may not be sold, shared or transferred. You must use payment methods and shipping details that belong to you.

We may ask you to confirm your age, identity, location, address or ownership of a payment method, for example before shipping cards, after unusual activity, or to prevent fraud, and we may use third-party providers for these checks. We may pause features on your account until you provide the information requested, and close it if a check cannot be completed.

3. Coins

Coins are CARDUP's store credit. You can obtain coins by top-up or by selling cards back, and use them on the Platform to buy cards, perform upgrades and pay shipping fees. One coin is displayed against one US dollar for reference only.

Coins have no cash value. They are not money, a deposit, a bank account or a financial product, are not redeemable for cash or any payment, earn no interest, and cannot be transferred, sold or exchanged outside the Platform. Coins are a limited, revocable license to use Platform features and are not your property.

Top-ups are final once coins are credited, except where the law requires otherwise or where we refund a payment at our discretion. We may correct a balance affected by an error, a reversed payment or a breach of these Terms.

4. Cards

Cards on the Platform are physical trading cards held for you and recorded in your collection. Unless stated otherwise, cards are ungraded and described in Near Mint condition. Images may be representative of the printing rather than the exact copy.

When you buy a card in the shop, you receive that exact card at the price shown when you confirm.

Card values are based on public market data and include our sourcing and handling costs. They are estimates, do not guarantee what you could sell a card for elsewhere, and are updated regularly, usually daily. We may also change a value at any time, for example to correct an error.

A card in your collection is worth its current value, which can go up or down after you receive it. That value is shown on the card and applies when you sell it back, trade it into an upgrade or request shipping. A value shown when you confirm an upgrade, purchase, sellback or shipping request is final for that transaction.

5. Upgrades

An upgrade is a trade-in: you exchange one or more cards from your collection for one card, which is either the target card you choose or a card selected by the Platform as described below. Before you confirm, the Platform shows the target card, its value and the probability of receiving it. Confirming completes the trade-in: the cards you selected leave your collection.

If the upgrade succeeds, you receive the target card. If it does not, you receive a card selected by the Platform worth up to the floor share of your trade-in shown on the Platform, or the lowest-value card available when no card fits within that share. Every upgrade therefore delivers a real card to your collection.

Upgrade probabilities are set by our published pricing, which accounts for the value of every possible outcome. The value of the card you receive may be higher or lower than the value of the cards you traded in. Completed upgrades cannot be reversed or refunded.

6. Provably fair outcomes

Each upgrade outcome, other than the welcome upgrade described below, is determined by a server seed committed in advance, a client seed you control and a sequence number. After a server seed is retired, you can verify any of your upgrades on the Provably Fair page, independently of us.

The Platform's animations are a visual presentation only. The verifiable roll recorded with the upgrade determines its result.

7. Welcome gift

When you first complete your account, you receive a welcome card worth about $0.50. Your first upgrade of that card, into a card you choose from those we offer for it, worth up to $1.60, is a guaranteed win that we provide as a promotional gift. The guided first upgrade tells you it is guaranteed; its gauge shows the chance a normal upgrade of those cards would have. It is not a provably fair roll and does not appear among your verifiable upgrades.

Until you use it for that upgrade, the welcome card can only be used for it: it cannot be sold, shipped, combined with other cards in an upgrade or sold automatically, and it is not listed in your profile's inventory.

The welcome gift is limited to one per person. We may remove welcome gifts, and cards obtained from them, that were received through multiple accounts or other abuse.

If your account has not deposited at least $5 in total, net of refunds and chargebacks, within 15 days of completing your account, all cards in your collection are forfeited and removed, without compensation.

8. Selling cards back

You can sell cards from your collection back to us for coins at their current value, as shown on the card in your collection.

Your collection holds cards for up to 30 days. A card that is still in your collection 30 days after you received it, and is not part of a shipping request, is automatically sold back for coins at its current value at that time. Cards in their last 7 days are marked and listed first in your collection, so you can ship them in time.

You may also turn on automatic selling for cards received from upgrades that do not reach their target; those cards are delivered to your collection and immediately sold back for coins.

Sellbacks, including automatic ones, are final once completed.

9. Shipping

You can request delivery of cards in your collection to a supported address. Shipping is currently available to addresses in the United States, once your account has deposited at least $5 in total, net of refunds and chargebacks. Fees, including any surcharge for low-value cards, are shown before you confirm and are charged in coins.

Cards requested for shipping are locked in your collection. You can cancel a request for a full refund of its fee until we begin processing it. After processing begins, a request cannot be cancelled.

We may decline or cancel a shipping request, in whole or in part, at any time; we then refund its fee in coins and return the cards to your collection. We may also limit how many cards can be bought or shipped, generally or per account.

Cards may be sourced from third-party sellers and shipped by them or by our partners. If an exact card cannot be sourced for its value shown when you requested shipping, we may deliver the same printing from another source, offer a substitute of equal or greater value with your agreement, or credit that value to your balance in coins for the card, along with a refund of its share of the shipping fee.

Graded cards are cards encapsulated and graded by a third-party grading company such as PSA. The grade is the one on the slab's label; we do not regrade cards. Each graded card is sourced on its own and shipped directly to you, can take up to 21 days to arrive, and cannot be delivered to a P.O. Box. Your shipment shows the certificate number of every graded card, so you can verify it with its grading company. If a graded card cannot be sourced at the grade shown for its value when you requested shipping, we may deliver the same card at the same or a higher grade from the same grading company, or credit that value to your balance in coins for the card, along with a refund of its share of the shipping fee.

Title and risk of loss pass to you when a shipment is handed to the carrier. Report missing or damaged shipments to [email protected] within 14 days of the delivery date shown by the carrier, with photos where relevant, and we will review your claim in good faith. For a graded card, report damage within 2 days of delivery, with photos of the slab and its label.

10. Acceptable use

You must not: use bots, scripts or automated means to access the Platform; exploit errors or vulnerabilities; interfere with the Platform or other users; create multiple accounts; use another person's account, identity, payment method or address; hide your location to get around restrictions; launder funds or engage in fraud; or use the Platform in breach of any law.

Tell us about any error or vulnerability you find instead of using it. Gains obtained through a breach of this section may be reversed.

11. Payments and chargebacks

Top-ups are processed by third-party payment providers under their own terms. You authorize us and our providers to charge the payment method you choose.

The name on your payment method must match the name on your account. If they differ, we may suspend your account and void the affected top-ups.

If you dispute a payment or file a chargeback for a top-up you authorized, we may suspend your account, reverse coins or cards obtained with that payment, and recover our costs to the extent the law allows. The amount charged back is a debt you owe us.

12. Errors

If a technical error, pricing error or system malfunction affects a balance, price, chance, outcome or transaction, we may correct it, including by reversing or voiding the affected transaction and restoring the position before it. We decide based on our server records, which prevail over what was displayed.

13. Promotions

We may offer promotional coins, codes, contests or features under additional rules shown with the promotion. Promotional benefits have no cash value and may expire or be withdrawn.

We may change or withdraw a promotion at any time, and exclude anyone from it, including where we believe more than one account was used or the participation would break the law where you are. Benefits obtained that way may be removed.

14. Intellectual property

The Platform, its software, design and content are owned by NOXA GROUP LLC or its licensors. We grant you a limited, personal, revocable license to use the Platform under these Terms.

Pokémon and all related names, characters, artwork and trademarks are the property of Nintendo, Creatures Inc., GAME FREAK inc. and The Pokémon Company. CARDUP is an independent platform and is not affiliated with, endorsed or sponsored by them. Third-party names and images are used only to identify the cards offered.

15. Disclaimers

The Platform is provided "as is" and "as available". To the fullest extent permitted by law, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose and non-infringement, and we do not promise that the Platform will be uninterrupted, error-free or available in your location.

Nothing on the Platform is financial or investment advice. Trading cards are collectibles whose market prices change; you should not expect to profit from the Platform.

16. Limitation of liability

To the fullest extent permitted by law, NOXA GROUP LLC and its members, managers, employees, partners and suppliers will not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for lost profits, lost data, lost opportunities or changes in the market value of any card, arising from or related to the Platform, even if advised of their possibility.

Our total liability for all claims arising from or related to the Platform or these Terms is limited to the greater of (a) the amount you paid us in top-ups during the six months before the event giving rise to the claim, or (b) one hundred US dollars.

Some jurisdictions do not allow certain limitations, so some of them may not apply to you. Nothing in these Terms limits liability that cannot be limited by law.

17. Indemnification

You agree to indemnify and hold harmless NOXA GROUP LLC and its members, managers, employees and partners from any claim, loss, liability or expense, including reasonable attorneys' fees, arising from your use of the Platform, your breach of these Terms or your violation of any law or third-party right.

18. Dispute resolution, binding individual arbitration and class action waiver

Before starting any proceeding, contact us at [email protected] and describe your claim. We will try to resolve it informally within 30 days.

If we cannot, you and we agree that any dispute arising from or related to the Platform or these Terms will be resolved by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, rather than in court. The arbitrator decides all questions of arbitrability except the class action waiver below. Arbitration may take place by video or in the county where you live. Judgment on the award may be entered in any court with jurisdiction.

You and we each waive the right to a jury trial and to participate in a class action, collective action or representative proceeding. Claims may be brought only on an individual basis, and the arbitrator may not consolidate claims or award relief to anyone other than the individual party. If this class action waiver is found unenforceable for a claim, that claim must be decided by a court and not in arbitration.

Either party may instead bring an individual claim in small claims court, and either party may seek injunctive relief in court to protect intellectual property.

You may opt out of this arbitration agreement by emailing [email protected] within 30 days of first accepting these Terms, stating your name, account email and your decision to opt out.

Any claim must be brought within one year after it arises, or it is permanently barred, to the extent the law allows.

19. Governing law

These Terms are governed by the laws of the State of Wyoming and applicable federal law, without regard to conflict of laws rules. Subject to the arbitration agreement, the state and federal courts located in Sheridan County, Wyoming have exclusive jurisdiction, and you consent to their personal jurisdiction.

20. Suspension and termination

You may close your account at any time by contacting us. You can also ask us to set limits on your top-ups or to suspend your account for a period you choose.

We may suspend, restrict or close your account at any time, including for a suspected breach of these Terms, fraud, a payment dispute, a legal or regulatory requirement, or to protect the Platform or other users. When we close an account without cause, we will let you ship or sell back eligible cards for a reasonable period. Coins and cards obtained through a breach of these Terms may be forfeited.

21. Changes

We may change these Terms or the Platform. We will post the updated Terms with a new effective date and, for material changes, give notice on the Platform or by email. Continuing to use the Platform after changes take effect means you accept them. Changes do not apply to disputes already notified to us.

22. General

These Terms, the Privacy Policy and the Cookie Policy are the entire agreement between you and us about the Platform. If any provision is unenforceable, the rest remains in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms; we may assign them in connection with a merger, sale or reorganization.

We are not responsible for delays or failures caused by events beyond our reasonable control, including outages of third-party services, carriers or payment providers.

23. Contact

CARDUP is operated by NOXA GROUP LLC, a Wyoming limited liability company, 30 N Gould St Ste N, Sheridan, WY 82801. Contact us at [email protected].

Notice for California users under Civil Code section 1789.3: the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.