These Terms of Service ("Terms") govern your access to and use of the KOmpare TCG mobile application, the websites at kopulls.com and komparetcg.com, and any related services (collectively, the "Service"), provided by dab Media LLC ("KOmpare," "we," "us," or "our"). Please read these Terms carefully. By using the Service, you agree to be bound by them.
By creating an account, downloading or installing the app, 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.
KOmpare is a point-of-sale ("POS") application designed for vendors who buy and sell trading cards at card shows and similar events. Features include on-device card catalog search, multi-source price lookup and comparison, live trade tracking, and the ability to generate shareable links describing a trade offer. The Service is a tool to help you run your business; KOmpare is not a party to any transaction between you and another person.
You must be at least 18 years old (or the age of majority in your jurisdiction) to use the Service. By using the Service you represent that you meet this requirement.
You agree to provide accurate, current, and complete information when you create your account, and to keep that information up to date. You are responsible for maintaining the confidentiality of your credentials and for all activity that occurs under your account. Notify us promptly if you suspect any unauthorized access.
You agree not to:
KOmpare lets vendors generate a shareable link describing a proposed trade (the cards on each side, totals, expiry). These links are a convenience tool for vendors negotiating with their customers. They are informational only — a deal link is not a binding offer or contract, and KOmpare is not a party to any resulting trade.
A deal link represents a non-binding offer extended only to the person the vendor originally negotiated with. If you receive or open a deal link that was not extended to you, the offer is not extended to you and the vendor has no obligation to fulfill it.
Each party is responsible for confirming the terms of any trade and for completing it lawfully (including any applicable taxes, identification, or age requirements). KOmpare does not verify the identity of the parties to a trade or the authenticity, condition, or ownership of any item described in a trade.
The Service surfaces pricing data and comparable-sale information from third-party sources (for example, TCGplayer-derived benchmarks and other market data providers). This data is provided "as is" and for informational purposes only. KOmpare does not guarantee its accuracy, completeness, timeliness, or fitness for any particular purpose, and does not warrant that any quoted price reflects the price at which an item can actually be bought, sold, or appraised. You are solely responsible for the prices you choose to use in your own trades.
Some features of the Service may be offered as paid features or subscriptions. If and when you purchase a paid feature, you authorize us (and our payment processor, Stripe) to charge your payment method for the applicable fees, in accordance with the pricing terms shown at checkout. All purchases are non-refundable except where required by law or expressly stated otherwise at the time of purchase. Paid features may not be active at all times; this section applies only when they are.
The Service, including its software, design, text, graphics, and trademarks, is owned by dab Media LLC or its licensors and is protected by intellectual property laws. We grant you a limited, non-exclusive, non-transferable, and revocable license to use the Service for your personal or internal business use, subject to these Terms.
You retain ownership of the trade and business data you enter into the Service. You grant us a limited license to host, process, and display that data as necessary to operate and improve the Service.
By using the Service, you grant KOmpare a perpetual, worldwide, royalty-free, irrevocable, sublicensable, and transferable license to use the trade, pricing, and transactional data you enter into or generate through the Service (the "Trade Data") to operate, maintain, and improve the Service.
You further grant KOmpare a perpetual, worldwide, royalty-free, irrevocable, sublicensable, and transferable right to produce aggregated and de-identified data derived from your Trade Data — that is, data combined with data from other vendors and stripped of direct identifiers so that it does not, on its own, reasonably identify you, your customers, or any individual — and to use, analyze, license, share, and sell that aggregated and de-identified data for any lawful purpose, including (without limitation) analytics, research, product development, publishing market benchmarks and indexes, other commercial data products, and the training, evaluation, and improvement of machine-learning and artificial-intelligence models, whether developed by KOmpare or by third parties. These rights survive termination of your account.
This license is consistent with our Privacy Policy, which describes how we treat personal information separately from aggregated and de-identified data (see "Aggregated and De-Identified Data" in the Privacy Policy). Nothing in this Section grants KOmpare the right to sell your personal identifying information.
Card scan images. When the app's card scanner is unsure about a card, or you correct what it matched, the app sends KOmpare a cropped image of that card and how it was ranked (see "Card scan images" in the Privacy Policy). You grant KOmpare a perpetual, worldwide, royalty-free, irrevocable, sublicensable, and transferable license to store those images and use them, alone or with third parties who help us, to train, test, and improve card-recognition and other machine-learning and artificial-intelligence models and the Service. You can stop sending them at any time in the app's Profile settings; images already sent may remain in our training sets. You represent that you may take and share those images of the cards you scan.
The Service is provided "as is" and "as available", without warranties of any kind, whether express or implied, including warranties of merchantability, fitness for a particular purpose, non-infringement, or accuracy of data. We do not warrant that the Service will be uninterrupted, error-free, secure, or that defects will be corrected, or that the Service will meet your business needs.
To the maximum extent permitted by applicable law, in no event shall dab Media LLC, its affiliates, or their respective officers, directors, employees, or agents be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, data, goodwill, or business opportunity, arising out of or related to your use of (or inability to use) the Service, whether based in contract, tort, or any other legal theory, even if we have been advised of the possibility of such damages.
To the maximum extent permitted by applicable law, our aggregate liability arising out of or relating to the Service or these Terms shall not exceed the greater of (a) the amount you paid us for the Service in the twelve (12) months preceding the event giving rise to the claim, or (b) US $100.
You agree to defend, indemnify, and hold harmless dab Media LLC and its affiliates from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or in any way connected with (i) your use of the Service; (ii) your violation of these Terms; (iii) your violation of any law or the rights of any third party, including any party to a trade you conduct using the Service; or (iv) any content or data you submit through the Service.
You may stop using the Service and delete your account at any time. We may suspend or terminate your access to the Service, in whole or in part, at any time, with or without notice, for any reason, including if we believe you have violated these Terms. Sections of these Terms that by their nature should survive termination (including ownership, disclaimers, limitations of liability, indemnification, and governing law) will survive.
These Terms, and any dispute arising out of or relating to them or the Service, are governed by the laws of the State of Washington, USA, without regard to its conflict-of-laws principles. You and KOmpare agree to submit to the exclusive jurisdiction of the state and federal courts located in King County, Washington, for the resolution of any such dispute, except where prohibited by applicable law.
We may update these Terms from time to time. When we do, we will revise the "Last updated" date above and, when changes are material, take reasonable steps to notify you (for example, by an in-app notice or by email). Your continued use of the Service after the changes take effect constitutes acceptance of the updated Terms.
These Terms constitute the entire agreement between you and KOmpare with respect to the Service and supersede any prior or contemporaneous agreements on the same subject. If any provision of these Terms is held to be unenforceable, the remaining provisions will continue in full force and effect. Our failure to enforce any right or provision will not be considered a waiver of that right. You may not assign these Terms without our prior written consent; we may assign these Terms freely.
Questions about these Terms can be directed to:
dab Media LLC
a Delaware limited liability company, operating in Washington
720 Seneca St Ste 107, Seattle, WA 98101
Email: [email protected]
Phone: (415) 273-9534