Terms of Use

1. About

The website www.pokeitem.fr and the application PokéItem (hereinafter "the Service") are operated by:

SAS POKEITEM operates the Service under the commercial brand PokéItem.

Accessing and using the Service implies full and unreserved acceptance of these Terms of Use (ToU). If you do not accept these terms, please do not use the Service.

Single point of contact for authorities and for users, within the meaning of Regulation (EU) 2022/2065 on digital services: [email protected], in French or in English.

2. Description of the Service

PokéItem is an application that lets users:

• →Manage and organise their Pokémon TCG card collection
• →View price estimates based on market data (CardMarket)
• →Track the value of their collection over time
• →Access editorial content (blog) about the Pokémon TCG market
• →Enjoy advanced features through the Premium subscription

3. Access to the Service and pricing

Access to the Service comes in several tiers:

Free version: Basic features, no subscription.

PokéItem Premium: Full access to advanced features (unlimited collection, unlimited scans, advanced statistics, value chart). Pricing:

• →Weekly: €2.99 / week
• →Monthly: €5.99 / month
• →Annual: €49.99 / year (€4.17/month)
• →Lifetime access: €159.99 (one-time payment, no renewal)

Payment and renewal terms (iOS):

Subscriptions purchased through the iOS app are managed by Apple via In-App Purchase. Payment is charged to the Apple ID account upon purchase confirmation. The subscription auto-renews unless disabled at least 24 hours before the end of the current period, in the Apple account settings. Managing and cancelling the subscription is done in the user's Apple ID settings.

Payment and renewal terms (web):

Subscriptions purchased through the website are processed by Stripe, a PCI DSS certified payment provider. Renewal is automatic. Cancellation can be carried out at any time from the user account area, free of charge.

PokéItem reserves the right to change its pricing terms at any time, with reasonable notice of at least 30 days given by email to active subscribers.

The user is responsible for keeping their login credentials confidential.

4. Cancelling the subscription

The user may cancel their Premium subscription at any time from their account settings. Cancellation takes effect at the end of the current subscription period. No pro-rata refund is granted, except in the cases provided for by the statutory right of withdrawal (see the Terms of Sale).

5. Data and price estimates

The price estimates displayed in the app are drawn from market data (notably CardMarket) and are provided for informational purposes only. They do not constitute an offer to buy or sell, nor financial or investment advice.

PokéItem does not guarantee the accuracy, completeness or real-time updating of this data. The user is solely responsible for the decisions they make on the basis of this information.

Important: PokéItem does not provide investment advice. Collection valuation data must not be used as the sole basis for financial decisions.

6. Third-party data, TCGdex

The data relating to Pokémon TCG cards (names, series, numbers, images) used in the app is partly sourced from TCGdex, an open API dedicated to the Pokémon TCG. Use of this data is subject to TCGdex's terms of use.

This data is the property of its respective authors. PokéItem claims no ownership rights over third-party Pokémon TCG content.

7. Editorial content and artificial intelligence

Some of the PokéItem blog articles are written by artificial-intelligence agents, identified as such (authors "Ivan" or "Marvin"). This content is reviewed and validated by the PokéItem team before publication. PokéItem is committed to transparency about the use of AI in its editorial production.

8. Intellectual property

All the elements of the Service (design, code, editorial content, PokéItem logo) are protected by copyright and belong to PokéItem or its rights holders. Any reproduction without authorisation is prohibited.

Pokémon and all associated names and logos are registered trademarks of Nintendo / GAME FREAK inc. / Creatures Inc. PokéItem is not affiliated with these companies. For more information, see our Copyright page.

9. Counterfeit cards and the illicit market

10. User conduct

The user undertakes to:

• →Use the Service lawfully and in accordance with these ToU
• →Not attempt to circumvent the Service's security measures
• →Not use the Service for unauthorised commercial purposes
• →Not extract, scrape or reproduce the Service's data en masse
• →Not impersonate another user or PokéItem

11. User-generated content

The Service lets you publish content: username and profile picture, showcase, Marketplace listings (text and photos), shop pages, private messages and reactions. You are solely responsible for the content you publish.

PokéItem enforces a zero-tolerance policy towards objectionable content and abusive users. The following are prohibited:

• →Illegal content, or content promoting illegal activity
• →Harassment, threats, insults, hateful or discriminatory speech
• →Sexual, pornographic or violent content
• →Impersonating another user, a shop or PokéItem
• →Scams, sales of counterfeit cards and misleading listings
• →Publishing another person's personal data without their consent
• →Spam, unsolicited advertising and links to fraudulent services

Any content and any user can be reported from within the app, directly from a profile, a listing or a conversation. Every report is reviewed and handled within 24 hours. You can also block a user at any time: blocking cuts off all interaction in both directions.

Infringing content is removed without notice and the accounts involved are suspended or permanently terminated, with no refund of the current subscription period. Images posted on the public surfaces of the Service are subject to automated moderation before they go live.

When content is removed or an account is restricted, the user concerned is informed by email, with the reason for the decision and the option to contest it by replying to that message.

You warrant that you hold the rights to the content you publish. You grant PokéItem a non-exclusive, royalty-free licence to host, reproduce and display that content within the Service, for as long as it remains published.

Publishing content (public profile, showcase, Marketplace listings) is restricted to users aged 15 and over, and private messaging to users aged 16 and over. A date of birth is required to access these features. These thresholds are set out in detail on the Age appropriateness page.

For urgent reports, write to [email protected].

12. PokéItem's liability

PokéItem uses all reasonable means to ensure the availability and reliability of the Service. However, PokéItem cannot be held liable for:

• →Direct or indirect damages resulting from the use of the Service
• →Buying or selling decisions based on the price data displayed
• →Service interruptions due to maintenance operations or events of force majeure
• →Content published by third parties or accessible via external links

13. Right of withdrawal

The conditions relating to the right of withdrawal, refunds and subscription-cancellation terms are detailed in the Terms of Sale (ToS), section 7.

For subscriptions purchased through the iOS App Store, the handling of refunds falls exclusively to Apple and is done via https://reportaproblem.apple.com.

14. Account suspension and termination

PokéItem reserves the right to suspend or terminate an account without notice in the event of a breach of these ToU, notably in the case of fraudulent use, hacking attempts, or use connected to counterfeits.

The user may delete their account at any time from within the application, in their profile settings, or by writing to [email protected]. Deletion results in the permanent loss of all data associated with the account.

15. Changes to the Service and the ToU

PokéItem reserves the right to amend these ToU at any time. The changes take effect as soon as they are published on the site. Users will be informed of material changes by email or via an in-app notification. Continued use of the Service constitutes acceptance of the new ToU.

16. eBay Partner Network affiliate program

PokéItem participates in the eBay Partner Network (EPN), an affiliate program. Some features of the app display market data sourced from eBay as well as links to eBay listings. When a user accesses eBay through one of these links and completes a qualifying purchase there, PokéItem may earn a commission from eBay, at no additional cost to the user.

These affiliate links affect neither the prices shown on eBay nor the market data presented in the app. PokéItem is not affiliated with, operated by, or endorsed by eBay Inc. beyond its participation in the eBay Partner Network. PokéItem is not a party to the transactions concluded on eBay and assumes no responsibility for the listings, sales, payments or disputes between buyers and sellers on eBay.

This disclosure is provided in accordance with the eBay Partner Network Agreement and applicable Affiliate Disclosure requirements.

17. Amazon Associates Programme

As an Amazon Associate, PokéItem earns from qualifying purchases.

PokéItem participates in the Amazon EU Associates Programme, an affiliate programme. Certain features of the application display Amazon products as well as links to Amazon product pages. When a user accesses Amazon through one of these links and completes a qualifying purchase, PokéItem may earn a commission from Amazon, at no additional cost to the user.

These affiliate links do not affect the prices charged by Amazon, nor the market data displayed within the application. Prices and availability shown are indicative and subject to change; only the price and availability displayed on Amazon at the time of purchase apply.

PokéItem is not affiliated with, operated by, or endorsed by Amazon beyond its participation in the Associates Programme. PokéItem is not a party to transactions concluded on Amazon and assumes no responsibility for products, orders, deliveries, payments, or disputes between users and sellers on Amazon.

This disclosure is provided in accordance with the Amazon EU Associates Programme Operating Agreement.

18. Governing law and jurisdiction

These ToU are governed by French law. Any dispute relating to their interpretation or performance, failing an amicable resolution, falls under the exclusive jurisdiction of the courts of Toulouse.

For any question relating to these ToU: [email protected]