Terms of Use

1. Acceptance of the Terms

These Terms of Use (“Terms”) govern access to and use of the Cartuna platform, operated by Cartuna TCG (“Cartuna”, “we”, “us”). By creating an account, accessing or using the Platform, you (“User”, “you”) confirm that you have read, understood and fully accepted these Terms, the Rules and the Privacy Policy.

If you do not agree with any provision, you must not use the Platform.

2. Definitions

• Platform: the website cartunatcg.com, applications and services of Cartuna.
• MonDollars: virtual credits for internal use, with no monetary value outside the Platform.
• Summon: the operation by which the User purchases a physical card from inventory, revealed through an animation.
• Card: a genuine, physical collectible product, the object of the resale.
• Content: text, trademarks, layout, software and other elements of the Platform.

3. Purpose and nature of the service

Cartuna offers the resale of genuine, physical collectible trading cards to end consumers through a purchase mechanic with a reveal (“summon”). The User's payment is for the purchase of a product (the card) plus the curation, storage and reveal service.

This is not gambling, betting, a lottery, a raffle or a sweepstakes. Every summon necessarily delivers a physical card of value; there is no possibility of losing the amount paid, no cash prize, and no outcome that depends purely on chance with the risk of receiving nothing. The element of surprise is limited to which card, among those available in a finite inventory, is assigned to the User. This characterization reflects Cartuna's position, will be maintained in good faith, and may be adjusted to comply with applicable law and guidance from competent authorities.

4. Registration, account and security

Use is restricted to individuals 18 years of age or older, legally able to contract, and residing in the United States. The User agrees to provide true, accurate and current information (including name, phone number and address) and to keep it up to date.

The User is responsible for the confidentiality of their credentials and for all activity on their account. Only one account per person is allowed. Cartuna may adopt identity-verification and fraud-prevention measures.

5. MonDollars

MonDollars are virtual credits, personal and non-transferable, purchased in packs and used exclusively for summons. They are not money, legal tender, a security, a stored-value instrument or an investment; they earn no interest; and they are not redeemable for cash, except where a refund is required by law or offered under the Rules.

Cartuna may offer different packs, prices, promotions and bonuses, with the conditions stated at the time of purchase. Trading MonDollars between Users is prohibited.

6. Summons, inventory and delivery

Each collection has a summon cost, shown before confirmation. A summon deducts the corresponding MonDollars and reveals the purchased card, which is added to the User's collection on the Platform.

Inventory is finite; a summon only happens while the chosen collection has cards in stock. If there is no stock, the operation is not completed and nothing is charged. Physical delivery requires a request from the User with a valid U.S. address, and there may be a minimum number of cards per shipment and a shipping fee, disclosed in advance. Title and risk of loss pass to the User upon delivery to the carrier, except as otherwise required by applicable law.

7. Prices, payments and taxes

Prices are displayed in U.S. dollars (USD). Payments are processed by third-party providers (e.g., Stripe); Cartuna does not collect or store the User's full card details. Sales tax, where applicable, is calculated and collected at checkout and remitted as required by law. Payment-processing failures are handled under the rules of the respective provider.

8. Refunds, returns and damaged items

Unused MonDollars: the User may request a full refund of a MonDollar pack within 14 days of purchase, provided none of the MonDollars from that pack have been used in a summon. Refunds are issued to the original payment method.

After a summon, a specific product has been individualized and purchased, and that sale is final. Cards that arrive damaged or defective will be replaced or refunded upon notice through our official channels within 14 days of delivery, with photos of the item and packaging. Nothing in these Terms limits any non-waivable rights under applicable consumer-protection law.

9. Intellectual property

All Content of the Platform (the “Cartuna” brand, logos, layout, text and software) belongs to Cartuna or its licensors and is protected by law. Copying, reproducing, modifying or exploiting the Content without authorization is prohibited.

Third-party trademarks: Cartuna resells genuine collectible products made by third parties. Cartuna is not affiliated with, sponsored by, licensed by or endorsed by Nintendo, Creatures Inc., GAME FREAK inc. or The Pokémon Company. Pokémon® and all related trademarks and works belong to their respective owners. References to those trademarks are purely descriptive, to identify the authentic products being resold, under the first-sale doctrine (resale of lawfully acquired goods).

10. User conduct

The User agrees not to: (i) use the Platform for unlawful purposes or in violation of third-party rights; (ii) create multiple accounts or use false information; (iii) manipulate, automate or defraud the summon mechanic, prices or systems; (iv) sell or trade MonDollars or accounts; (v) compromise the security or operation of the Platform. Violations may result in suspension or termination and liability.

11. Availability and changes to the service

Cartuna makes reasonable efforts to keep the Platform available but does not guarantee uninterrupted or error-free operation. We may change, suspend or discontinue features, with notice where appropriate, preserving rights the User has already acquired.

12. Disclaimer of warranties and limitation of liability

EXCEPT AS EXPRESSLY STATED IN THESE TERMS OR THE RULES, THE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THIS DOES NOT AFFECT THE GUARANTEE THAT EVERY SUMMON DELIVERS A GENUINE PHYSICAL CARD, NOR OUR DAMAGED-ITEM POLICY.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, CARTUNA WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, LOST PROFITS, OR FAILURES CAUSED BY EVENTS BEYOND OUR REASONABLE CONTROL, ACTS OF THIRD PARTIES (INCLUDING CARRIERS AND PAYMENT PROVIDERS) OR MISUSE BY THE USER. CARTUNA'S TOTAL LIABILITY FOR ANY CLAIM RELATING TO THE PLATFORM IS LIMITED TO THE AMOUNT THE USER PAID TO CARTUNA IN THE 12 MONTHS BEFORE THE CLAIM. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

13. Indemnification

The User agrees to indemnify and hold Cartuna harmless from claims, losses and expenses (including reasonable attorneys' fees) arising from the User's breach of these Terms, the Rules or the law, or from the violation of third-party rights through the User's conduct.

14. Suspension and termination

Cartuna may suspend or terminate access in case of violation of these Terms, the Rules or the law, or upon a reasonable suspicion of fraud, acting in good faith. The User may close their account at any time; balances and pending matters will be handled in accordance with the law and these Terms.

15. Privacy and data protection

The processing of personal information is governed by the Privacy Policy and applicable U.S. federal and state privacy laws.

16. Changes to these Terms

These Terms may be updated. The current version is the one published on this page, with its effective date. Material changes will be communicated through the Platform's channels; continued use after the effective date constitutes acceptance, without prejudice to the User's right to close their account if they disagree.

17. Dispute resolution, governing law and venue

These Terms are governed by the laws of the State of Delaware and applicable U.S. federal law, without regard to conflict-of-law principles. Before filing any claim, the User agrees to contact us at [email protected] and attempt to resolve the dispute informally for 30 days.

Arbitration and class-action waiver: any dispute not resolved informally will be resolved by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, and the User waives any right to participate in a class action. Either party may instead bring an individual claim in small-claims court. The User may opt out of this arbitration clause by emailing [email protected] within 30 days of first accepting these Terms.

18. General provisions and contact

Failure to enforce any provision is not a waiver. If any provision is held invalid, the remaining provisions remain in effect. These Terms, the Rules and the Privacy Policy are the entire agreement between the User and Cartuna regarding the Platform. Contact: [email protected] · Cartuna TCG.