These Terms of Use ("Terms") are a binding agreement between you and Marbir Digital, LLC ("Marbir Digital," "NDX," "we," "us," or "our"), the company that operates the NDX mobile application, the website at getndx.com, the NDX API, and related services (collectively, the "Services").
These Terms are also the end user license agreement (the "EULA") for the NDX app. Section 4 grants the license to use it, and Section 16 sets out the additional terms that apply when you obtain the app through an app store.
PLEASE READ THESE TERMS CAREFULLY. They include a warranty disclaimer and limitation of liability (Sections 12–13) and an arbitration agreement and class action waiver (Section 15) that affect your legal rights. You may opt out of arbitration as described in Section 15.7.
By creating an account, accessing, or using the Services, you agree to these Terms, our Privacy Policy, and our Acceptable Use Policy (which is incorporated into these Terms). If you do not agree, do not use the Services.
1. What NDX Is
NDX helps trading card collectors scan, identify, value, and organize their collections, and follow upcoming product releases. Card identification, catalog data, pricing data, and collection storage are powered in part by third-party card data services (see Section 6). NDX is an organizational and informational tool. NDX is not a marketplace, an appraisal service, a grading service, or a financial advisor.
2. Eligibility
You must be at least 18 years old (or the age of majority where you live, if higher) to use the Services. By creating an account or using the Services, you represent that you meet this requirement. The Services are not directed to, and may not be used by, anyone under 18.
You may not use the Services if you are barred from doing so under applicable law, or if we previously terminated your account for violating these Terms.
3. Your Account
- Sign-in is required and is provided through Sign in with Apple or Google Sign-In. You are responsible for maintaining the security of the sign-in method you use.
- You agree that the information associated with your account (including your email address and profile details) is accurate and kept up to date. If you use Apple's Hide My Email, the relay address Apple provides may serve as your account email.
- One account per person. You are responsible for all activity that occurs under your account. If you believe your account has been compromised, contact us at [email protected].
- Account deletion. You may permanently delete your account at any time from within the app (Profile → Account). Deletion removes your NDX account and the collection data associated with your linked collector ID at our card data provider, subject to limited legal retention described in the Privacy Policy.
4. License to Use the Services
Subject to these Terms, we grant you a personal, limited, non-exclusive, non-transferable, revocable license to use the NDX app and Services for your personal purposes. We and our licensors retain all rights, title, and interest in the Services, including all software, designs, logos, and content we provide. You may not copy, modify, distribute, sell, lease, reverse engineer, or create derivative works of any part of the Services except as permitted by law, and you may not access the Services by automated means (scraping, bots, or bulk downloading) except through interfaces we expressly provide.
Trading card names, images, logos, and trademarks (including those of manufacturers such as Topps, Panini, Upper Deck, Pokémon, and others) belong to their respective owners. NDX is not affiliated with, endorsed by, or sponsored by any card manufacturer, league, or players' association.
5. Your Content
"Your Content" means content you submit through the Services, including card photos and scans, collection data, lists, profile information, and — when community features become available — posts, comments, and messages.
- You own Your Content. These Terms do not transfer ownership of anything you submit.
- License to us. So that we can operate and improve the Services, you grant us a non-exclusive, worldwide, royalty-free, sublicensable (to our service providers, including our card data providers) license to host, store, reproduce, process, adapt, display, and transmit Your Content for the purposes of operating, securing, improving, promoting, and developing the Services — including using card images and collection data to train, refine, and improve card-identification, pricing, and other machine-learning models used in or developed for the Services. This license ends when you delete Your Content or your account, except (a) where Your Content has been shared with others through the Services and they have retained copies, (b) for residual copies in routine backups, which are purged on a rolling basis, (c) as needed to comply with law, and (d) for improvements to the Services and models already made while the license was in effect, which are not affected by deletion. We will not use Your Content in advertising or marketing that identifies you without your separate consent.
- Your responsibilities. You represent that you have the rights necessary to submit Your Content and that it complies with the Acceptable Use Policy. Card scans should be of trading cards — do not submit images of people, identity documents, or other sensitive material.
- Feedback. If you send us suggestions or feedback, we may use it without restriction or compensation.
6. Third-Party Services, Advertising, and Partner Content
The Services depend on third-party services, including:
- Card data providers — third-party services that provide card identification, catalog data, pricing data, and collection storage. When you scan a card or manage your collection, images and collection data are transmitted to and stored with our card data provider under a pseudonymous collector ID that our backend owns and links to your NDX account. Under their own terms, these providers may retain submitted images and data and use them to improve their services and train their machine-learning models. We may change card data providers or use more than one.
- Apple and Google, for sign-in, push notifications, and (when offered) in-app purchases.
- Advertising networks and affiliate/partner platforms, as described below.
- Infrastructure and hosting providers.
We do not control third-party services and are not responsible for their availability, accuracy, or conduct. Your use of features that depend on third parties is also subject to their applicable terms. We may modify, suspend, or discontinue features of the Services — including features that depend on third-party services — at any time; where a change materially reduces a paid tier, Section 8 applies.
Advertising
Free tiers of the Services are supported by advertising. Ads may be selected based on the content you are viewing (for example, the card, set, or release displayed). Where advertising involves the collection of device data by ad partners or personalization based on your activity, it is described in our Privacy Policy, subject to any consent required on your device (such as Apple's App Tracking Transparency prompt), and subject to the opt-outs described there. Paid tiers may reduce or remove ads as described at purchase. We do not endorse advertised products or services and are not responsible for advertisers' content or conduct.
Third-party listings, affiliate links, and commissions
The Services may display listings, prices, or offers from third-party marketplaces (such as eBay) that are relevant to the cards or content you are viewing, and may include links to third-party sellers or partners. We may earn commissions, referral fees, or other compensation when you view, click, or make purchases through these listings, links, or partner offers, and compensation may influence which partners' listings appear.
Any transaction you enter through a third-party listing or link is solely between you and that third party, under the third party's own terms and policies. NDX is not the seller, is not a party to the transaction, and makes no representation about any listed item — including its authenticity, condition, price, or availability, or whether a listing actually matches the card shown in NDX. Direct any disputes about a third-party purchase to that third party.
7. Card Identification and Pricing Disclaimer
- Identification is assistive, not authoritative. Visual identification may mismatch cards — especially parallels, inserts, variations, and altered or counterfeit cards. You are responsible for confirming any match before relying on it.
- Pricing is informational only. Estimated values shown in NDX are derived from third-party transaction data and other sources. They may be incomplete, delayed, or wrong, and they are not an appraisal, a guarantee of market value or realizable sale price, or financial, investment, tax, or legal advice. Do not make purchase, sale, insurance, or investment decisions based solely on information in NDX.
- NDX does not authenticate or grade cards and makes no representation about any card's authenticity or condition.
8. Billing, Fees, and Subscription Terms
NDX currently offers free features and may offer a paid tier ("NDX Pro") as an auto-renewing subscription. Pricing, subscription length, and included features will be displayed before purchase. Prices and features of free and paid tiers may change; if a change materially reduces a paid tier you are subscribed to, we will provide notice as required by applicable law and applicable platform policy.
8.1 Purchases through the iOS app (Apple In-App Purchase)
Subscriptions purchased in the iOS app are processed by Apple:
- Payment is charged to your Apple Account at confirmation of purchase.
- Subscriptions renew automatically unless auto-renew is turned off at least 24 hours before the end of the current period. Your account is charged for renewal within 24 hours before the end of the current period, at the price stated at purchase (or as updated with notice as required by Apple).
- You can manage or cancel subscriptions in your device's Account Settings (Settings → Apple Account → Subscriptions). Deleting the app does not cancel a subscription.
- Any unused portion of a free trial is forfeited when you purchase a subscription.
- Refunds for App Store purchases are handled by Apple under Apple's policies; we cannot issue App Store refunds directly.
8.2 Purchases through our website (Stripe)
If and when we offer purchases through our website, payments are processed by our third-party payment processor, Stripe, Inc. ("Stripe"). By subscribing through the website, you authorize us and Stripe to charge your designated payment method for all applicable fees, including recurring subscription charges, taxes, and transaction fees.
- Auto-renewal and cancellation. Website subscriptions automatically renew at the end of each billing cycle (e.g., monthly or annually) unless cancelled. You may cancel at any time through your account settings or by contacting support; cancellation takes effect at the end of the then-current billing period, and any cancellation made before the renewal date prevents the renewal charge. Cancelling is at least as easy as subscribing. All fees paid are non-refundable, except as required by applicable law.
- Payment failure and suspension. If Stripe is unable to process a payment for your subscription (for example, due to an expired card, insufficient funds, or a declined transaction), we may suspend or terminate your access to paid features across our web and mobile applications without prior notice. You remain liable for any uncollected amounts.
8.3 Chargebacks and billing disputes
You agree to contact us at [email protected] to resolve any billing errors, discrepancies, or refund requests before initiating a chargeback or dispute through your bank, card issuer, or Stripe. In the event of an unjustified chargeback, we reserve the right to terminate your account and pursue collection of the disputed amounts plus any administrative fees we incur. This section does not limit any rights you have under applicable law or, for App Store purchases, under Apple's policies.
9. Future Features (Community, Trading, Marketplace)
We may introduce community, social, trading, breaking, or marketplace features. If we do, additional terms will apply and will be presented before you use those features. Community content will be subject to the Acceptable Use Policy, including its rules on objectionable content, reporting, and blocking. Nothing in these Terms obligates us to launch any planned feature.
10. Copyright Complaints (DMCA)
If you believe content on the Services infringes your copyright, send a notice complying with 17 U.S.C. § 512(c)(3) to our designated agent: Marbir Digital, LLC, Attn: Copyright Agent, [email protected]. Include: identification of the work and the allegedly infringing material, your contact information, a good-faith statement, a statement of accuracy under penalty of perjury, and your physical or electronic signature. We respond to valid notices, may remove identified material, and terminate repeat infringers. Counter-notices may be sent to the same address and must comply with 17 U.S.C. § 512(g)(3).
11. Termination and Suspension
You may stop using the Services and delete your account at any time. We may suspend or terminate your access (with or without notice, depending on severity) if you violate these Terms or the Acceptable Use Policy, if required by law, or if we discontinue the Services. Where practicable, we will give reasonable notice and an opportunity to export your collection data before termination that is not for cause. Sections 5 (license during retention), 7, and 10–16 survive termination.
12. Warranty Disclaimer
THE SERVICES AND ALL CONTENT AND DATA PROVIDED THROUGH THEM — INCLUDING CARD IDENTIFICATION RESULTS, CATALOG DATA, PRICING ESTIMATES, AND RELEASE DATES — ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE. SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.
13. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW: (A) WE WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST DATA, OR LOSS OF GOODWILL, ARISING FROM OR RELATED TO THE SERVICES; AND (B) OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SERVICES WILL NOT EXCEED THE GREATER OF (i) THE AMOUNTS YOU PAID US IN THE TWELVE (12) MONTHS BEFORE THE CLAIM AROSE AND (ii) FIFTY U.S. DOLLARS ($50).
THESE LIMITS DO NOT APPLY TO LIABILITY THAT CANNOT BE LIMITED BY LAW, INCLUDING LIABILITY FOR OUR GROSS NEGLIGENCE, WILLFUL MISCONDUCT, OR FRAUD.
14. Indemnification
You will indemnify and hold harmless Marbir Digital, LLC and its officers, members, employees, and agents from claims, damages, and expenses (including reasonable attorneys' fees) arising from Your Content, your violation of these Terms or the Acceptable Use Policy, or your violation of any law or third-party right — except to the extent caused by our own conduct.
15. Dispute Resolution; Arbitration; Class Action Waiver
Please read this section carefully. It affects your rights.
15.1 Informal resolution first
Before filing any claim, you and we agree to try to resolve the dispute informally. Send a written notice describing the dispute and the relief sought to [email protected] (or we will send notice to your account email). Both parties agree to negotiate in good faith for 60 days from receipt of notice. Claims may not be filed until this period ends.
15.2 Binding arbitration
Except as provided in Section 15.5, any dispute arising out of or relating to these Terms or the Services will be resolved by binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules (including, where applicable, its Mass Arbitration Supplementary Rules). The Federal Arbitration Act governs this section. The arbitration will be conducted by a single arbitrator, in English, by videoconference or, if an in-person hearing is required, in the county where you live or another mutually agreed location. We will pay AAA filing, administration, and arbitrator fees for claims seeking less than $10,000 unless the arbitrator finds the claim frivolous.
15.3 Class action and jury trial waiver
You and we each waive the right to a jury trial and the right to participate in a class, collective, consolidated, or representative action. The arbitrator may award relief only to the individual party seeking it. If this waiver is found unenforceable as to a particular claim, that claim (and only that claim) must proceed in court, and the rest of this section remains in effect.
15.4 Mass filings
If 25 or more similar demands are filed by or with the assistance of coordinated counsel, the parties agree to AAA's batching or bellwether procedures, and the informal-resolution requirement of Section 15.1 applies individually to each claimant.
15.5 Exceptions
Either party may (a) bring an individual claim in small claims court, or (b) seek injunctive relief in court for infringement or misuse of intellectual property or for unauthorized access to the Services. In addition, as provided by the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (9 U.S.C. §§ 401–402), nothing in this Section requires arbitration of a sexual assault or sexual harassment dispute; you may elect to bring such claims in court, and the class action waiver does not apply to them to the extent prohibited by that law.
15.6 Governing law and venue
These Terms are governed by the laws of the State of Wyoming, without regard to conflict-of-laws rules. For disputes not subject to arbitration, you and we consent to the exclusive jurisdiction of the state and federal courts located in Sheridan County, Wyoming.
15.7 Your right to opt out
You may opt out of the arbitration agreement and class action waiver by emailing [email protected] with the subject line "Arbitration Opt-Out" — including your name and account email — within 30 days of first accepting these Terms. Opting out does not affect any other part of these Terms.
16. General
- Changes to these Terms. We may update these Terms. For material changes, we will give notice (in-app or by email) at least 14 days before they take effect. Continued use after the effective date constitutes acceptance. If you do not agree, stop using the Services and delete your account.
- Apple and Google app store terms. These Terms are between you and Marbir Digital, LLC — not Apple or Google. Apple and Google have no obligation to provide support or maintenance for the app and are not responsible for claims relating to it, but Apple (and its subsidiaries) is a third-party beneficiary of these Terms with the right to enforce them against you. You represent that you are not located in an embargoed country and are not on any U.S. government prohibited-party list.
- Export. You will comply with applicable export control and sanctions laws.
- Entire agreement; severability; waiver; assignment. These Terms, the Privacy Policy, and the Acceptable Use Policy are the entire agreement between you and us regarding the Services. If a provision is unenforceable, the rest remains in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms; we may assign them in connection with a merger, acquisition, or sale of assets, with notice to you.
17. Contact
Marbir Digital, LLC
Email: [email protected]
Privacy inquiries: [email protected]