Terms of Use

Effective date: October 16, 2026

Welcome to TCGScan: Trading Card Scanner, provided by Marcana B.V. (the "Company").

The following Terms of Use ("Terms") apply when you use the TCGScan app (the "App") or the service provided via the App (the "Service").

Please review these Terms carefully. By accessing or using the App, you show you agree to these Terms. If you don't agree to these Terms, you may not access or use the App.

About the App

TCGScan identifies Pokémon trading cards from a photo you take, shows market prices for them from TCGplayer and Cardmarket with links to those sites and to eBay, lets you build collections and see their total value, and lets you browse card sets and search for cards.

Card identification and prices are provided for information only. They are not a professional appraisal, and the Company does not guarantee that a card is identified correctly or that a price matches what a buyer will pay. Check the card and the listing yourself before you buy, sell or trade.

The App is under constant development, so features may be added, changed or removed.

Card Recognition

When you scan a card, the App sends the photo to an AI service that reads the card's name, HP and number, and then looks the card up in the App's card data. AI can make mistakes, so the App may show the wrong card or no match at all. The Privacy Policy explains what is sent and who receives it.

Third-Party Websites

The App links to TCGplayer, Cardmarket and eBay so you can view prices and listings there. These sites are run by other companies, and their own terms and privacy policies apply once you open them. The Company does not earn a commission from these links and is not responsible for those sites, their listings or any purchase you make there.

Your Collections

The collections you create are stored only on your device, so the Company cannot restore them if you delete the App or lose your device.

Subscriptions and Payments

TCGScan offers a premium subscription through Apple's App Store, billed weekly or yearly. The weekly plan may start with a free trial of 3 days. Subscriptions, including a free trial, renew automatically unless you cancel at least 24 hours before the end of the current period. You can manage or cancel your subscription in your Apple ID settings. Refunds are handled by Apple according to its policies.

Paid Services

Subscriptions and any in-App purchases are paid through Apple (the Company's "Billing Service Provider"). Apple collects your payment details; the Company does not receive them.

You authorize Apple to charge you according to the terms of your subscription until you cancel it, and you agree to pay any charges so incurred.

The Company reserves the right to change its fees. If the Company does change its fees, it will provide notice of the change within the App. Your continued use of the App after the fee change becomes effective constitutes your agreement to pay the changed amount.

To avoid being charged after a free trial, cancel at least 24 hours before the trial ends. Otherwise, you will be responsible for payment for the full term of the subscription period.

If you cancel your subscription, you will not be charged for future periods. The Company does not refund charges for the current period.

You acknowledge that if you elect to purchase a subscription your subscription is subject to automatic renewals and you hereby consent to and accept responsibility for all recurring charges to your applicable payment based on this automatic renewal feature without further authorization from you and without further notice except as required by law. You further acknowledge that the amount of the recurring charge may change if applicable tax rates change or if the fees have been increased.

Age Restriction

The App can be used by people of all ages.

Use Restrictions

Your permission to use the App is conditioned upon the following restrictions and conditions. You agree that you will not:

• attempt to decipher, reverse engineer, decompile, or disassemble any portion of the App or the software used to provide the Service
• use, display, mirror or frame the App or any individual element within the App, Company's name, any Company trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page or within the App, without Company's express written consent
• attempt to probe, scan or test the vulnerability of any Company system or network or breach any security or authentication measures
• avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Company or any of Company's providers or any other third party to protect the App
• remove any copyright or other proprietary notices from materials provided within the App
• use any meta tags or other hidden text or metadata utilizing a Company trademark, logo URL or product name without Company's express written consent
• use the App in any manner not permitted by these Terms
• impersonate or misrepresent your affiliation with any person or entity
• use the App for any unlawful purpose or for the promotion of illegal activities
• interfere or attempt to interfere with the proper functioning of the App
• make any automated use of the App, or take any action that the Company deems to impose or to potentially impose an unreasonable or disproportionately large load on its servers or network infrastructure
• encourage or enable any other individual to do any of the foregoing

Monitoring and Compliance

Although the Company is not obligated to monitor access to or use of the App, it has the right to do so for the purpose of operating the Service, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. The Company reserves the right, but is not obligated, to remove or disable your access to the App, at any time and without notice, if it, at its sole discretion, considers your use of the App to be in violation of these Terms.

The Company has the right to investigate violations of these Terms or conduct that affects the Service. It may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.

Intellectual Property

Unless otherwise indicated, the App is the Company's proprietary property and all source code, databases, functionality, software, designs, audio, video, text, photographs, and graphics in the App (collectively, the "Content") and the trademarks, service marks, and logos contained therein (the "Marks") are owned or controlled by the Company or licensed to it, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions, and international conventions.

Except as expressly provided in these Terms, no part of the App and no Company Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without the Company's express prior written permission. The Company reserves all rights that are not expressly granted to you under these Terms.

Trademark Notice

Pokémon, the Poké Ball and Pokémon Trading Cards are registered trademarks of Nintendo, Creatures Inc. and GAME FREAK inc. TCGScan is not affiliated with, sponsored by or endorsed by The Pokémon Company International, Nintendo, Creatures Inc. or GAME FREAK inc. Card names, images and set names belong to their respective owners. TCGScan is also not affiliated with TCGplayer, Cardmarket or eBay.

Contributions to Company

By submitting ideas, suggestions, documents, and/or proposals ("Contributions") to Company through its website, email, or social media accounts, you acknowledge and agree that:

• (a) your Contributions do not contain confidential or proprietary information
• (b) the Company is not under any obligation of confidentiality, express or implied, with respect to the Contributions
• (c) the Company shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide
• (d) the Company may have something similar to the Contributions already under consideration or in development
• (e) your Contributions automatically become the property of the Company without any obligation of the Company to you
• (f) you are not entitled to any compensation or reimbursement of any kind from the Company under any circumstances

Indemnification

You agree to indemnify, defend, and hold harmless the Company from any and all claims, liabilities, expenses, and damages, including reasonable attorneys' fees and costs, made by any third party related to:

• (a) your use or attempted use of the App or Service
• (b) your violation of any law or rights of any third party

Warranty Disclaimer

The App and Service are provided "as is," without warranty of any kind. The Company expressly disclaims all warranties, whether express, implied or statutory, regarding the App and Service including without limitation any warranty of merchantability, fitness for a particular purpose, title, security, accuracy and non-infringement.

The Company makes no warranty or representation that access to or operation of the App or Service will be uninterrupted or error free.

You assume full responsibility and risk of loss resulting from your use of information, content or other material obtained via the App or Service.

Some jurisdictions limit or do not permit disclaimers of warranty, so this provision may not apply to you.

Limitation of Damages and Release

To the extent permitted by applicable law:

In no event shall the Company, its affiliates, directors, or employees, or its licensors or partners, be liable to you for any loss of profits, use, or data, or for any incidental, indirect, special, consequential or exemplary damages.

Such liability limitations apply regardless of how damages arise, including from your use or inability to use the App or Service; the App or Service generally or the software or systems that make them available; or any other interactions with the Company, whether based on warranty, contract, tort (including negligence), fraud, or any other legal theory, and whether or not the Company has been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

In no event will Company's liability to you exceed $10.

Some jurisdictions limit or do not permit disclaimers of liability, so this provision may not apply to you.

Modification of Terms of Use

The Company can amend these Terms at any time. It's your responsibility to check the App from time to time to view any such changes. If you continue to use the App, you show your agreement to the Company's revisions to these Terms.

Any changes to these Terms (other than as set forth in this paragraph) or waiver of the Company's rights hereunder shall not be valid or effective except in a written agreement bearing the physical signature of an officer of the Company. No purported waiver or modification of these Terms by the Company via telephonic or email communications shall be valid.

Privacy Policy

The Company respects the privacy of its users. Please refer to the Company's Privacy Policy, which explains how it collects, uses, and discloses information that pertains to your privacy. When you access or use the App, you show that you agree to this Privacy Policy.

General Terms

If any part of these Terms is held invalid or unenforceable, that portion of the Terms will be construed consistent with applicable law. The remaining portions will remain in full force and effect. Any failure on the part of the Company to enforce any provision of these Terms will not be considered a waiver of its right to enforce such provision.

The Company's rights under these Terms will survive any termination of these Terms. You agree that any legal action related to or arising out of your relationship with the Company must commence within ONE year after the cause of action accrues. Otherwise, such cause of action is permanently barred.

These Terms and your use of the App and Service are governed by the federal laws of the United States of America and the laws of the State of New York, without regard to conflict of law provisions.

You agree to resolve any claims relating to these Terms or the App or Service through final and binding arbitration. Any arbitration will be conducted by the American Arbitration Association (AAA) under its commercial arbitration rules. The arbitration will be held in New York City, New York.

Arbitration must be on an individual basis. This means neither you nor the Company may join or consolidate claims in arbitration by or against other users, or litigate in court or arbitrate any claims as a representative or member of a class or in a private attorney general capacity.

If you attempt to bring any legal action against the Company based in any way on the App or Service you agree that, in the event you do not prevail or the Company does prevail, you will reimburse the Company for any costs and attorneys' fees associated with its defense of the action.

The Company may assign or delegate these Terms and/or the Company's Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms or Privacy Policy without the Company's prior written consent, and any unauthorized assignment and delegation by you is void.

Notice for California Users

Under California Civil Code Section 1789.3, California users are entitled to the following specific consumer rights notice: Information about the Company's fees is available. The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210.

Your Agreement to the Terms

You acknowledge that you have read these Terms, understand the Terms, and will be bound by these Terms. These Terms and the Privacy Policy are the complete and exclusive agreement between us. They supersede any earlier proposal or agreement, oral or written, and any other communication between us about this subject.

Contact Us

If you have questions about the Terms of Use, you can reach out at contact@marcana.app.