Terms of Service

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and Harsti Labs LLC ("Company," "we," "us," or "our"), the owner and operator of HoloSwaps, accessible at holoswaps.com and related applications (collectively, the "Platform").

By registering an account, accessing, or using the Platform in any manner, you acknowledge that you have read, understood, and agree to be bound by these Terms, along with our Privacy Policy, which is incorporated herein by reference. If you are using the Platform on behalf of an organization, you represent and warrant that you have authority to bind that organization to these Terms.

You must be at least 18 years of age to use this Platform. By agreeing to these Terms, you represent and warrant that you are 18 years of age or older. If you are under 18, you may only use the Platform with the express consent and supervision of a parent or legal guardian who agrees to be bound by these Terms on your behalf.

HoloSwaps is an online platform that facilitates peer-to-peer trading of trading card game ("TCG") cards, including but not limited to Pokémon, Magic: The Gathering, Yu-Gi-Oh!, One Piece, and Digimon. The Platform provides tools for users to list cards in their collections, express interest in cards they want, discover potential trade matches, and coordinate trades with other users.

HoloSwaps acts solely as a facilitator and marketplace platform. We are not a party to any trade agreement between users, and we do not purchase, own, sell, or transfer title to any cards. The Company is not responsible for the quality, safety, legality, or authenticity of any cards traded on the Platform.

The Platform may include an optional card verification and authentication service ("Verification Service") through which cards are routed through a third-party or Company-operated verification center prior to delivery. Use of the Verification Service is subject to additional terms disclosed at the time of trade confirmation. The Company makes no guarantees regarding grading outcomes, turnaround times, or results of authentication.

To access the full features of the Platform, you must register for an account. When registering, you agree to:

• •Provide accurate, current, and complete information about yourself.
• •Maintain and promptly update your account information to keep it accurate and complete.
• •Maintain the security of your account credentials and not share your password with any third party.
• •Immediately notify us at support@holoswaps.com of any unauthorized use of your account or any other security breach.
• •Accept responsibility for all activity that occurs under your account.
• •Not create more than one account per person without express written permission from the Company.

The Company reserves the right to suspend or permanently terminate any account at its sole discretion, with or without notice, for any reason including but not limited to violation of these Terms, fraudulent activity, or conduct harmful to other users or the Platform.

4.1 Accurate Listings

You agree that all cards listed in your collection are accurately described with respect to card name, set, condition, foil status, edition, language, and any other material attributes. Misrepresenting the condition or authenticity of a card is a serious violation of these Terms and may result in immediate account termination and potential legal liability.

4.2 Condition Standards

Users are responsible for accurately grading their cards using the condition standards defined on the Platform (Near Mint, Lightly Played, Moderately Played, Heavily Played, Damaged). When in doubt, you should err on the side of listing a lower condition grade. The Company provides these standards as guidance only and does not independently verify user-submitted conditions prior to matching.

4.3 Shipping Obligations

Once a trade is mutually accepted by both parties, each user is obligated to:

• •Ship their agreed-upon cards within five (5) business days of trade acceptance, unless an extension is mutually agreed upon in writing through the Platform.
• •Package cards securely to prevent damage during transit, using appropriate card sleeves, top loaders, or other protective packaging.
• •Ship to the address confirmed through the Platform (which may be a Company verification center address).
• •Provide valid tracking information through the Platform within 24 hours of shipping.
• •Bear all shipping costs associated with sending their cards unless otherwise agreed in writing.

Failure to ship within the required timeframe constitutes a trade breach and may result in account suspension, negative reputation impact, and potential liability for the other party's losses.

4.4 No Counterfeit Cards

You represent and warrant that all cards you list or trade on the Platform are genuine, authentic trading cards and not counterfeit, altered, proxy, or otherwise fraudulent items. Listing, trading, or attempting to trade counterfeit cards is strictly prohibited and will result in immediate and permanent account termination, forfeiture of any cards held by the Company, and referral to applicable law enforcement authorities. The Company reserves the right to pursue all available legal remedies.

4.5 No Market Manipulation

Users may not engage in any activity intended to artificially inflate or manipulate card valuations, create fake trade activity, or otherwise distort the Platform's matching or pricing data.

You agree not to use the Platform to:

• •Violate any applicable local, state, national, or international law or regulation.
• •Engage in any fraudulent, deceptive, or misleading activity.
• •Harass, threaten, intimidate, or harm other users.
• •Attempt to gain unauthorized access to any part of the Platform or other users' accounts.
• •Use automated bots, scrapers, or other tools to access or collect data from the Platform without express written consent.
• •Reproduce, duplicate, sell, or resell any part of the Platform's services.
• •Transmit any viruses, malware, or other harmful code.
• •Circumvent, disable, or otherwise interfere with security features of the Platform.
• •Conduct transactions outside of the Platform in a manner designed to circumvent Platform fees or protections.
• •Use the Platform for any purpose other than personal, non-commercial card trading.

Where available, the Platform may offer a Verification Service in which traded cards are routed through a Company-operated or third-party verification center. When using this service:

• •Cards remain the property of the sending user until the verification process is complete and cards are forwarded to the receiving user.
• •The Company will exercise reasonable care in handling cards but is not liable for damage, loss, or theft occurring during transit to or from the verification center beyond what is covered by applicable shipping insurance.
• •Verification outcomes are based on reasonable inspection and are not a guarantee of authenticity or grading.
• •If cards fail verification due to suspected counterfeit status, the Company reserves the right to retain cards and contact relevant authorities.
• •Turnaround times for verification are estimates only and are not guaranteed.

The Company provides a dispute resolution process for trade-related issues. To initiate a dispute, users must contact support at support@holoswaps.com within seven (7) days of receiving cards (or within seven days of the expected delivery date if cards are not received).

The Company will review disputes in good faith and may request evidence including photos, shipping receipts, and communication records. The Company's dispute determination is final with respect to any Platform-level actions (account standing, reputation scores) but does not prevent users from seeking remedies through applicable legal channels.

THE COMPANY IS NOT LIABLE FOR THE OUTCOME OF ANY TRADE DISPUTE AND DOES NOT GUARANTEE RECOVERY OF CARDS OR MONETARY VALUE. THE COMPANY'S ROLE IN DISPUTE RESOLUTION IS SOLELY THAT OF AN ADMINISTRATIVE FACILITATOR.

The Platform may charge fees for certain services, including but not limited to premium memberships, verification services, or transaction fees. All applicable fees will be disclosed clearly prior to any transaction. All fees are non-refundable except where required by applicable law or expressly stated otherwise.

The Company reserves the right to change its fee structure at any time with reasonable notice to users. Continued use of the Platform after a fee change constitutes acceptance of the new fees.

All content on the Platform, including but not limited to the HoloSwaps name, logo, design, software, algorithms, text, graphics, and data compilations, is the exclusive property of Harsti Labs LLC or its licensors and is protected by applicable intellectual property laws.

You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Platform solely for your personal, non-commercial use in accordance with these Terms. You may not copy, modify, distribute, sell, or lease any part of the Platform or its content.

Trading card images, names, and game-related content are the property of their respective publishers and rights holders. Harsti Labs LLC uses such content under applicable fair use provisions or licensing agreements.

You agree to defend, indemnify, and hold harmless Harsti Labs LLC, its members, managers, officers, employees, agents, licensors, and service providers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:

• •Your violation of these Terms or any applicable law or regulation.
• •Your use of the Platform in any manner.
• •Any trade you engage in or fail to complete through the Platform.
• •Any card you list, represent, ship, or trade through the Platform.
• •Any content or information you submit to the Platform.
• •Any dispute between you and another user.
• •Your infringement of any intellectual property or other rights of any third party.

13.1 Binding Arbitration

PLEASE READ THIS SECTION CAREFULLY — IT AFFECTS YOUR LEGAL RIGHTS. Except for disputes that qualify for small claims court, you and Harsti Labs LLC agree that any dispute, controversy, or claim arising out of or relating to these Terms or the Platform shall be resolved exclusively through binding arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules, rather than in court.

13.2 Class Action Waiver

YOU AND HARSTI LABS LLC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. Unless both you and the Company agree, no arbitrator or judge may consolidate more than one person's claims or otherwise preside over any form of a representative or class proceeding.

13.3 Opt-Out

You may opt out of this arbitration agreement by sending written notice to support@holoswaps.com within thirty (30) days of first accepting these Terms. Your opt-out notice must include your full name, username, and a clear statement that you are opting out of arbitration.

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States of America, without regard to its conflict of law provisions. For any matters not subject to arbitration under Section 13, you consent to exclusive personal jurisdiction in the state and federal courts located within Delaware, and you waive any objection to such jurisdiction or venue.

Your use of the Platform is also governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Platform, you consent to the collection and use of your information as described in the Privacy Policy.

The Company reserves the right to suspend or permanently terminate your account and access to the Platform at its sole and absolute discretion, with or without cause, and with or without notice. Grounds for termination include but are not limited to:

• •Violation of any provision of these Terms.
• •Providing false, inaccurate, or misleading information.
• •Attempting to trade counterfeit cards.
• •Failure to complete accepted trades without valid cause.
• •Engaging in harassment, abuse, or threatening conduct toward other users or Company staff.
• •Any activity that, in the Company's sole judgment, threatens the integrity or safety of the Platform or its users.

Upon termination, your right to use the Platform ceases immediately. All provisions of these Terms that by their nature should survive termination shall survive, including but not limited to Sections 10, 11, 12, 13, and 14.

Harsti Labs LLC reserves the right to modify these Terms at any time. We will provide notice of material changes by updating the "Last updated" date at the top of this page and, where appropriate, by sending an email notification to your registered email address. Your continued use of the Platform after the effective date of any modifications constitutes your acceptance of the revised Terms.

It is your responsibility to review these Terms periodically. If you do not agree to the revised Terms, you must stop using the Platform and may request account deletion by contacting us at support@holoswaps.com.

18.1 Entire Agreement

These Terms, together with the Privacy Policy and any additional terms applicable to specific services, constitute the entire agreement between you and Harsti Labs LLC with respect to the Platform and supersede all prior agreements, understandings, and representations.

18.2 Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the remaining Terms remain in full force and effect.

18.3 Waiver

The failure of Harsti Labs LLC to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision.

18.4 Assignment

You may not assign or transfer these Terms or any rights hereunder without the prior written consent of the Company. The Company may freely assign these Terms without restriction.

18.5 Force Majeure

The Company shall not be liable for any failure or delay in performance resulting from causes beyond its reasonable control, including natural disasters, acts of government, labor disputes, internet or telecommunications failures, or other circumstances outside the Company's control.

If you have any questions about these Terms of Service, please contact Harsti Labs LLC at: