Please read these Terms of Service ("Terms") carefully before using https://www.cardluma.com (the "Website"), operated by CardLuma.com, formed in Virginia, United States ("we," "us," or "our").
By accessing or using the Website, creating an account, starting a free trial, or purchasing any product or service, you agree to be bound by these Terms. If you do not agree, you may not access or use the Website.
Your use of the Website and Services is also governed by our Privacy Policy, which is incorporated into these Terms by reference.
1. Eligibility
You represent that you are at least 18 years old and have the legal capacity to enter into a binding agreement. The Website is not intended for use by minors.
2. Digital Products & Services
We offer digital products and subscription-based services, including software-as-a-service tools. All products and services are delivered electronically.
3. Purchases, Billing, and No Refunds
All sales are final. Due to the nature of our digital products and subscription services, we do not offer refunds, partial refunds, credits, or prorated refunds for any purchases, except where required by applicable law.
Prices are listed on the Website and may change at any time. Taxes may apply depending on your jurisdiction.
Payments are processed by a third-party payment processor (currently Stripe). We do not store or control your payment information.
You represent and warrant that you are authorized to use the payment method provided.
4. Subscriptions, Free Trials & Automatic Renewal
Some services are offered on a subscription basis (monthly or annual).
Free Trials
We may offer a free trial. Unless you cancel before the trial ends, your payment method will be automatically charged for the applicable subscription fees. Free trials may be limited to one per user or account.
Automatic Renewal Authorization
By purchasing a subscription or starting a free trial, you expressly authorize us to charge your payment method on a recurring basis until you cancel.
Cancellation
You may cancel your subscription at any time through your account. Cancellation stops future billing. You will retain access to the service until the end of your current billing period. No refunds or credits will be issued for unused time.
5. Account Responsibilities
You are responsible for maintaining the confidentiality of your account credentials and for all activity under your account. You must notify us immediately of any unauthorized use.
We reserve the right to suspend or terminate accounts at our sole discretion, including for misuse or violation of these Terms.
6. License Grant & Restrictions
Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Website and services solely for your internal business purposes.
You may not:
- Resell, sublicense, or transfer access
- Scrape, harvest, or extract data
- Reverse engineer or attempt to derive source code
- Use outputs to train AI or machine learning models
- Circumvent technical safeguards
- Use the service for unlawful purposes
All rights not expressly granted are reserved.
7. User Content
"User Content" means all images, text, metadata, data files, and other materials you upload, submit, or transmit through the Services, including but not limited to photographs of trading cards, card descriptions, and listing parameters.
Ownership
You retain all right, title, and interest in and to your User Content. Nothing in these Terms transfers ownership of your User Content to CardLuma.com.
License to CardLuma
By uploading or submitting User Content, you grant CardLuma.com a limited, non-exclusive, worldwide, royalty-free license to use, copy, process, store, transmit, and display your User Content solely as necessary to provide, maintain, and improve the Services. This includes transmitting your User Content and generated outputs to third-party platforms (such as eBay) at your direction.
This license terminates when you delete your User Content or close your account, except to the extent that copies are retained in routine backups or as required by law.
Generated Outputs
"Generated Outputs" means listing titles, descriptions, item specifics, and other content produced by the Services using your User Content and our AI-powered tools.
You are granted a perpetual, non-exclusive, royalty-free license to use, reproduce, modify, and distribute Generated Outputs for your personal and commercial purposes, including marketplace listings.
CardLuma.com retains the right to store Generated Outputs as part of normal service operation, including for service reliability, audit logs, and support purposes. CardLuma.com does not claim ownership of Generated Outputs.
Content Restrictions
You represent and warrant that you own or have obtained all necessary rights to your User Content, that your User Content does not infringe the intellectual property or other rights of any third party, and that your use of the Services and Generated Outputs complies with all applicable laws and marketplace policies.
No Training Use
CardLuma.com will not use your User Content to train public or third-party artificial intelligence or machine learning models. We may use aggregated, anonymized, and de-identified data derived from usage patterns to improve system performance and accuracy, as described in our Privacy Policy.
Deletion
Upon account termination or upon your written request to support@cardluma.com, CardLuma.com will delete your User Content and associated Generated Outputs within thirty (30) days, except where retention is required by law, necessary for dispute resolution, or present in routine backup systems that are overwritten in the normal course of operations.
8. Third-Party Platform Integration
The Services integrate with third-party platforms, including but not limited to eBay, to facilitate the creation and publication of marketplace listings on your behalf. Your use of such third-party platforms is governed by their own terms of service, policies, and guidelines, which you are solely responsible for reviewing and complying with.
Authorization
By connecting a third-party platform account to the Services, you authorize CardLuma.com to access your account on that platform via API or other authorized means, transmit listing data, images, and related content to that platform on your behalf, and retrieve account and listing information as necessary to provide the Services.
No Responsibility for Third-Party Platforms
CardLuma.com is not responsible for the availability, performance, policies, or actions of any third-party platform, including any changes to third-party APIs, terms of service, listing policies, or enforcement actions. CardLuma.com does not guarantee that Generated Outputs will comply with any third-party platform's policies. You are solely responsible for ensuring that all listings published through the Services comply with the applicable platform's rules and policies.
Account Suspension or Restrictions
CardLuma.com shall not be liable for any suspension, restriction, penalty, or termination of your third-party platform account arising from content generated or published through the Services.
Revocation of Access
You may revoke CardLuma.com's access to your third-party platform account at any time through that platform's account settings. Revocation may limit or prevent the Services from functioning as intended.
9. AI & Automated Output Disclaimer
The Website and services may use artificial intelligence and automated processes. Outputs are provided for informational purposes only and may contain errors, omissions, or inaccuracies.
You are solely responsible for verifying all outputs before relying on them for commercial, legal, financial, tax, or compliance purposes, including marketplace listings.
We make no guarantees regarding accuracy, completeness, or fitness of any output, and disclaim all liability arising from reliance on such outputs.
10. Prohibited Uses
You agree not to:
- Impersonate any person or entity
- Engage in spam, abuse, or harmful conduct
- Interfere with Website operation or security
- Use bots, scrapers, or automated tools without authorization
- Introduce malware or malicious code
- Violate applicable laws or regulations
11. Intellectual Property & DMCA
All content on the Website is owned by CardLuma.com or its licensors and protected by intellectual property laws.
If you believe content infringes your intellectual property rights, submit a DMCA notice to: support@cardluma.com
Misrepresentations may result in liability for damages and attorneys' fees.
12. No Warranty
The Website and services are provided "as is" and "as available." We disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement.
13. Limitation of Liability
To the maximum extent permitted by law, CardLuma.com shall not be liable for any indirect, incidental, special, consequential, or punitive damages.
Our total liability arising out of or relating to the Website or services shall not exceed the amount you paid to us in the twelve (12) months preceding the claim.
14. Indemnification
You agree to indemnify, defend, and hold harmless CardLuma.com, its owner, affiliates, officers, agents, and service providers (collectively, the "Indemnified Parties") from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:
- Your use of the Services or any Generated Outputs, including any marketplace listings created, modified, or published using the Services;
- User Content you upload, submit, or transmit through the Services, including any claim that your User Content infringes the intellectual property or other rights of a third party;
- Your violation of these Terms, any applicable law, or any third-party platform's terms of service or policies;
- Any dispute between you and a buyer, seller, or other third party arising from a listing or transaction facilitated by the Services;
- Your misrepresentation of any trading card's condition, authenticity, grade, or value in connection with the Services.
CardLuma.com reserves the right, at your expense, to assume the exclusive defense and control of any matter subject to indemnification. You agree to cooperate with our defense of any such claim. This indemnification obligation survives termination of your account and these Terms.
15. Arbitration & Class Action Waiver
Mandatory Arbitration
Any dispute arising out of or relating to these Terms or the services shall be resolved by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules.
Arbitration shall take place in Loudoun County, Virginia, unless otherwise required by law.
Class Action Waiver
You and CardLuma.com agree to bring claims only in your individual capacity and not as a plaintiff or class member in any class or representative action.
16. Governing Law
These Terms are governed by the laws of the Commonwealth of Virginia, without regard to conflict-of-laws principles.
17. Termination
We may suspend or terminate access at any time for violation of these Terms or misuse of the services. Termination does not entitle you to refunds.
18. Survival
The following sections survive termination: License Restrictions, User Content, Third-Party Platform Integration, AI Disclaimer, Intellectual Property, No Warranty, Limitation of Liability, Indemnification, Arbitration, Class Action Waiver, Governing Law, and Survival.
19. Severability
If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction or arbitrator, such provision shall be modified to the minimum extent necessary to make it enforceable, or if modification is not possible, shall be severed from these Terms. The invalidity or unenforceability of any provision shall not affect the validity or enforceability of the remaining provisions, which shall continue in full force and effect.
20. Entire Agreement
These Terms, together with the Privacy Policy and any other policies or agreements expressly incorporated by reference, constitute the entire agreement between you and CardLuma.com with respect to the Services and supersede all prior or contemporaneous understandings, agreements, representations, and warranties, whether written or oral, regarding the Services.
21. Force Majeure
CardLuma.com shall not be liable for any failure or delay in performing its obligations under these Terms where such failure or delay results from causes beyond its reasonable control, including but not limited to: acts of God, natural disasters, pandemic, epidemic, war, terrorism, riots, government actions or orders, power failures, internet or telecommunications failures, failures or disruptions of third-party platforms or APIs (including eBay), failures of third-party service providers (including payment processors, hosting providers, and AI service providers), cyberattacks, or any other event beyond CardLuma.com's reasonable control.
During any period of force majeure, CardLuma.com's obligations under these Terms shall be suspended to the extent affected. CardLuma.com will use commercially reasonable efforts to resume performance as soon as practicable.
22. Changes to These Terms
We may update these Terms at any time by posting the revised version on the Website. Continued use constitutes acceptance.
23. Contact
Questions regarding these Terms may be sent to: support@cardluma.com