Terms and Conditions

1. Acceptance of Terms

Welcome to DCM Grading. By accessing or using our card grading service at dcmgrading.com (the "Service"), you agree to be bound by these Terms and Conditions ("Terms"). If you do not agree to these Terms, please do not use the Service.

We reserve the right to modify these Terms at any time. We will notify you of any changes by posting the updated Terms on this page. Your continued use of the Service after such modifications constitutes your acceptance of the updated Terms.

2. Description of Service

DCM Grading provides an AI-powered pre-grading service for trading cards, including Pokémon, Magic: The Gathering, Lorcana, and other collectible card games. Our Service analyzes images of trading cards and provides estimated condition grades and valuations using advanced AI technology.

IMPORTANT DISCLAIMER: The grading results provided by DCM Grading are estimates based on AI analysis and are not guaranteed to align with official third-party professional grading services such as PSA, BGS, CGC, or others. Our assessments should be used for informational and educational purposes only. DCM Grading is not responsible for any discrepancies between our AI grading results and those of professional grading companies.

We do not guarantee the accuracy, completeness, or reliability of our grading assessments. Results should not be solely relied upon for buying, selling, insurance, or any financial decisions regarding trading cards.

3. User Accounts

3.1 Account Creation

To use our Service, you must create an account. You may register using:

• Email and password
• Google authentication
• Other third-party authentication services we may offer

3.2 Account Security

You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorized access or security breach

3.3 Account Eligibility

You must be at least 18 years old to use this Service. By creating an account, you represent and warrant that you are 18 years of age or older and have the legal capacity to enter into these Terms. If you are under 18, you may not use the Service.

4. Acceptable Use

4.1 Permitted Use

You may use the Service to:

• Upload images of your trading cards for grading analysis
• View and manage your grading history
• Access features and functionality we provide

4.2 Prohibited Activities

You agree not to:

• Upload images that violate intellectual property rights
• Upload inappropriate, offensive, or illegal content
• Use the Service for any fraudulent or deceptive purpose
• Attempt to gain unauthorized access to our systems or other users' accounts
• Interfere with or disrupt the Service or servers
• Use automated scripts, bots, or scrapers without permission
• Reverse engineer, decompile, or disassemble any part of the Service
• Resell or commercialize the Service without authorization
• Impersonate any person or entity

5. Intellectual Property

5.1 Our Intellectual Property

The Service, including its design, functionality, text, graphics, logos, and software, is owned by DCM Grading and protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, or create derivative works without our express written permission.

5.2 Your Content and License Grant

You retain ownership of the images and content you upload to the Service. However, by uploading content, you grant DCM Grading a worldwide, non-exclusive, royalty-free, transferable license to use, store, process, reproduce, modify, and display your content for the following purposes:

• Providing AI grading analysis and generating grading reports
• Improving and training our AI models and algorithms
• Operating, maintaining, and enhancing the Service
• Complying with legal obligations

You represent and warrant that you have all necessary rights to upload the content and grant us this license, and that your content does not infringe any intellectual property rights, violate any laws, or contain offensive, inappropriate, or illegal material.

5.3 Third-Party Trademarks and Copyrights

All trading card designs, artwork, logos, brand names, and associated intellectual property are the exclusive property of their respective manufacturers and licensors. This includes, but is not limited to:

• Pokémon: The Pokémon Company, Nintendo, Game Freak, Creatures Inc.
• Magic: The Gathering: Wizards of the Coast, Hasbro
• Yu-Gi-Oh!: Konami
• Disney Lorcana: The Walt Disney Company, Ravensburger
• Sports Cards: Panini, Topps, Upper Deck, Fanatics, Leaf, and respective leagues (NBA, NFL, MLB, NHL, etc.)
• Other TCGs and CCGs: Their respective publishers and rights holders

DCM Grading makes no claim of ownership over any card imagery, artwork, designs, or branding depicted in user-uploaded photographs. The display of trademarked card images on our platform is solely for the purpose of providing our grading analysis service. All trademarks and copyrights remain the property of their respective owners.

Users are solely responsible for ensuring they have the legal right to photograph and upload images of cards they submit for grading. DCM Grading is not responsible for any intellectual property violations arising from user-uploaded content.

5.4 DCM Grading Outputs and Ownership

All grading outputs, analyses, and assessments generated by DCM Grading are the exclusive intellectual property of DCM Grading. This includes, but is not limited to:

• All grades, scores, and numerical assessments produced by our DCM Optic™ AI technology
• Condition labels, descriptions, and written analyses
• Digital certificates, labels, and grading reports
• Centering measurements, surface analyses, and defect assessments
• Card identification data and metadata extracted during analysis
• Any derivative works, compilations, or aggregated data derived from grading activities

While you may view and share your grading results for personal, non-commercial purposes, you may not reproduce, distribute, modify, or create derivative works from DCM Grading outputs without our express written permission. The methodologies, algorithms, and processes used to generate grading results are proprietary trade secrets of DCM Grading.

5.5 Use in Marketing and Promotional Materials

By using the Service and setting your graded cards to "Public" visibility, you grant DCM Grading the right to use, display, reproduce, and distribute images of your graded cards and associated grading results for marketing, promotional, educational, and demonstration purposes. This includes, but is not limited to:

• Featuring graded cards on our website, including the homepage and gallery sections
• Social media posts and advertisements across all platforms
• Marketing emails, newsletters, and promotional campaigns
• Press releases, case studies, and media materials
• Trade show displays, presentations, and demonstrations
• Educational content showcasing grading examples and quality standards

To opt out of marketing use: You may set your cards to "Private" visibility at any time through your account settings. Private cards will not be displayed publicly or used in marketing materials. However, DCM Grading retains the right to use anonymized or aggregated data from all grading activities for internal analytics, service improvement, and general statistical purposes.

DCM Grading will not sell your uploaded card images to third parties. Marketing use is limited to promoting DCM Grading services and demonstrating our grading capabilities.

6. Payment and Fees

DCM Grading operates on a pay-per-use and/or subscription-based model. Certain features may be offered free of charge, while premium features require payment.

6.1 Pricing and Billing

• We will provide clear notice of pricing before you incur any charges
• You authorize us to charge your designated payment method for all applicable fees
• Subscription fees are billed in advance on a recurring basis (monthly, annually, or as otherwise specified)
• Pay-per-use fees are charged as services are consumed
• Prices are subject to change with reasonable advance notice

6.2 Refund Policy

All payments are nonrefundable, except where required by applicable law. We do not provide refunds or credits for:

• Partial subscription periods
• Unused credits or grading quota
• Dissatisfaction with grading results
• Account termination or suspension

If you experience technical issues or service disruptions, please contact us at admin@dcmgrading.com and we will work to resolve the issue. In exceptional circumstances, we may provide refunds or credits at our sole discretion.

6.3 Payment Processing

Payments are processed through secure third-party payment processors. We do not store your complete credit card information on our servers.

7. Disclaimers and Limitations of Liability

7.1 "AS IS" Disclaimer

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• IMPLIED WARRANTIES OF MERCHANTABILITY
• IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE
• WARRANTIES OF NON-INFRINGEMENT
• WARRANTIES THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE
• WARRANTIES REGARDING THE ACCURACY OR RELIABILITY OF GRADING RESULTS

WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, OR ACCURACY OF THE SERVICE FOR ANY PURPOSE.

7.2 Accuracy of AI Grading

WE DO NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR RELIABILITY OF OUR AI-POWERED CARD GRADING ASSESSMENTS.Our AI technology provides estimates that:

• Are not guaranteed to match professional grading service results
• May vary from actual card condition or market value
• Should not be relied upon as the sole basis for financial decisions
• Are subject to limitations inherent in AI analysis and image quality

YOU ASSUME ALL RISK ASSOCIATED WITH RELYING ON OUR GRADING ASSESSMENTS. WE ARE NOT LIABLE FOR ANY LOSSES OR DAMAGES RESULTING FROM DECISIONS MADE BASED ON OUR GRADING RESULTS.

7.3 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, DCM GRADING SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES RESULTING FROM:

• Your use or inability to use the Service
• Reliance on any grading assessments provided by the Service
• Unauthorized access to your account or data
• Any third-party content or conduct on the Service

7.4 Service Availability

We do not guarantee that the Service will be available at all times without interruption. We may suspend or terminate the Service for maintenance, updates, or other reasons without liability.

8. Indemnification

You agree to indemnify, defend, and hold harmless DCM Grading, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or in any way connected with:

• Your use of the Service
• Your violation of these Terms
• Your violation of any rights of another party
• Content you upload to the Service

9. Termination

9.1 Termination by You

You may terminate your account at any time by contacting us or using the account deletion feature in the Service.

9.2 Termination by Us

We reserve the right to suspend or terminate your access to the Service immediately, at any time, with or without notice, with or without cause, including but not limited to if:

• You violate these Terms or any applicable laws
• Your use of the Service poses a security, legal, or reputational risk
• You engage in fraudulent, abusive, or illegal activities
• Your payment method fails or your account becomes delinquent
• We discontinue the Service or specific features

We may suspend or terminate accounts without prior notice when we determine, in our sole discretion, that such action is necessary to protect the Service, other users, or our business interests.

9.3 Effect of Termination

Upon termination, your right to use the Service will immediately cease. We may delete your account and all associated data. Provisions of these Terms that by their nature should survive termination will survive.

10. Privacy

Your use of the Service is also governed by our Privacy Policy, available at dcmgrading.com/privacy. Please review the Privacy Policy to understand how we collect, use, and protect your information.

11. Dispute Resolution

11.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Georgia, United States, without regard to its conflict of law provisions.

11.2 Jurisdiction

Any legal action or proceeding arising out of or relating to these Terms or the Service shall be brought exclusively in the state or federal courts located in Georgia, United States, and you consent to the personal jurisdiction of such courts.

11.3 Arbitration

Any dispute arising from these Terms or the Service shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association, conducted in Georgia, United States, except where prohibited by law.

11.4 Class Action Waiver

You agree to resolve disputes with us on an individual basis and waive your right to participate in class actions or class-wide arbitration.

12. Miscellaneous

12.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and DCM Grading.

12.2 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

12.3 Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

12.4 Assignment

You may not assign or transfer these Terms without our prior written consent. We may assign our rights and obligations without restriction.

12.5 Contact Information

For questions about these Terms, please contact us at:

• Email: admin@dcmgrading.com
• Website: https://dcmgrading.com

13. Updates to Service

We reserve the right to modify, suspend, or discontinue any part of the Service at any time without notice. We may also impose limits on certain features or restrict access to parts of the Service.

14. Third-Party Marketplace Integrations

DCM Grading may offer features that allow you to list your DCM-graded cards on third-party marketplaces such as eBay. By using these integration features, you agree to the following additional terms:

14.1 DCM Is Not a Party to Marketplace Transactions

DCM Grading provides marketplace listing tools solely as a convenience feature to help you list your DCM-graded cards. DCM Grading is not a party to any transaction that occurs on third-party marketplaces. All sales, purchases, and related activities are conducted exclusively between you and the buyer through the respective marketplace platform. DCM Grading does not participate in, facilitate, mediate, or guarantee any aspect of these transactions.

14.2 No Liability for Marketplace Transactions

DCM GRADING SHALL NOT BE HELD LIABLE FOR ANY DISPUTES, CLAIMS, DAMAGES, LOSSES, OR ISSUES ARISING FROM YOUR MARKETPLACE LISTINGS OR SALES. This includes, but is not limited to:

• Buyer complaints, disputes, or negative feedback
• Return requests, refund demands, or chargebacks
• Shipping delays, damage, or lost packages
• Payment processing issues or fund holds
• Listing violations, policy infractions, or account actions taken by the marketplace
• Marketplace fees, taxes, or other financial obligations
• Claims of item not as described, authenticity disputes, or condition disagreements
• Any other matters related to your marketplace activity

14.3 Grading Opinions in the Context of Sales

DCM grades represent our professional assessment of card condition at the time of grading. Grades are opinions and are not guarantees of value, authenticity, future market performance, or buyer satisfaction. Buyers may have different opinions regarding condition, and you are solely responsible for handling any disputes that may arise from differences in condition perception. DCM Grading will not intervene in buyer-seller disputes regarding grading accuracy.

14.4 Your Responsibilities When Using Marketplace Integrations

When using DCM Grading's marketplace integration features, you are solely responsible for:

• Listing Accuracy: The accuracy of all listing information, including titles, descriptions, prices, images, condition descriptions, and shipping terms
• Platform Compliance: Compliance with all marketplace terms of service, listing policies, seller standards, and applicable laws and regulations
• Customer Service: Handling all buyer communications, inquiries, and customer service matters
• Fulfillment: Packaging, shipping, delivery, and any shipping-related issues
• Returns and Refunds: Processing returns, issuing refunds, and handling post-sale disputes
• Financial Obligations: All marketplace fees, payment processing fees, taxes, duties, and any other costs associated with your sales
• Legal Compliance: Ensuring you have the legal right to sell the items you list and that your sales comply with all applicable consumer protection laws
• Account Standing: Maintaining your marketplace account in good standing

14.5 Indemnification for Marketplace Activities

In addition to the general indemnification provisions in Section 8, you specifically agree to indemnify, defend, and hold harmless DCM Grading, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising from or related to:

• Your use of marketplace integration features
• Any transactions conducted through third-party marketplaces
• Disputes with buyers, marketplaces, or payment processors
• Claims that items sold did not match their described condition
• Any violation of marketplace policies or applicable laws
• Intellectual property claims related to your listings

14.6 Marketplace Account Responsibility

You are responsible for maintaining your marketplace accounts (such as eBay) in good standing. DCM Grading is not responsible for any actions the marketplace may take against your account, including but not limited to listing removals, selling restrictions, fee assessments, fund holds, or account suspensions. Any consequences resulting from your use of marketplace integration features are your sole responsibility.

14.7 Integration Service Availability

DCM Grading provides marketplace integration features "as is" and makes no guarantees regarding their availability, accuracy, or functionality. We may modify, suspend, or discontinue marketplace integration features at any time without notice. We are not responsible for any losses resulting from integration service interruptions, errors, or discontinuation.

14.8 Third-Party Platform Terms

Your use of third-party marketplaces is also subject to those platforms' terms of service, policies, and user agreements. It is your responsibility to review and comply with all applicable third-party terms. In the event of any conflict between these Terms and third-party marketplace terms, the more restrictive provision shall apply to your use of DCM Grading's integration features.