This agreement
These Terms of Service (the "Terms") are an agreement between Centurion Network ("tcgpos", "we", "us" or "our") and the business that signs up for tcgpos ("you", "your" or "the shop"). They cover the tcgpos website at tcgpos.app, the shop dashboard and register, the store pages we host for shops, and everything else we provide as tcgpos (together, the "Service").
By creating a shop, paying for a plan or using the Service, you agree to these Terms. If you accept them for a business, you confirm you are allowed to bind that business. The Privacy Policy and the Refund and cancellation policy are part of these Terms.
What tcgpos is
tcgpos is software for trading card and game shops: a point of sale with card reader support, inventory with reference prices from our card catalog, buylist and trade-in tools, customers, store credit and gift cards, events and pre-orders, reports, and a store page on the web. Which parts you can use depends on your plan, as shown on the pricing page.
tcgpos provides software only. You are the seller in every sale, trade-in, event entry and order you make through the Service: you set your prices, take your customers' payments through your own payment provider, and are responsible for the goods, delivery, returns and refunds. We are not a party to those transactions, we are not a payment processor, and we never hold your or your customers' money.
Your account and your staff
You must give accurate information when you sign up and keep your owner email address current, because that is where we send sign-in and password links and notices about your account. The Service is for businesses and the people who work for them; you must be at least 18 years old to create a shop.
You decide who on your staff gets an account and what each may do. You are responsible for everything done under your shop's accounts, for keeping passwords and PINs private, and for telling us promptly if you believe an account has been misused.
Plans, trials and payment
Plans have a monthly price in US dollars, listed on the pricing page. You pay for a plan through PayPal when you choose it, and when you move up to a bigger plan. Moving to a smaller plan is free and takes effect immediately, as long as your shop fits that plan's limits on locations, registers and staff. Prices do not include taxes that may apply to you.
We may offer a free trial with a set number of days. When a trial ends without a plan being chosen, your shop is locked (the dashboard shows only Billing, and your store page shows an "opening soon" page) until you choose a plan. Your data is kept while the shop is locked.
We may change our prices or plans. A price change never applies to a payment you have already made, and we will tell you in advance by email or in your dashboard. Refunds and cancellation are covered by the Refund and cancellation policy.
Payment processing
tcgpos does not process payments. To take card payments you connect your own account with a payment provider (at the register Stripe, Square, Clover, NMI or Slice (Valor), and on your store page PayPal, Stripe, Square or Authorize.net), and the provider processes the payment. You pay the provider's fees directly under your agreement with it; tcgpos adds no fee to your card payments. Card numbers go from the card terminal, or from the buyer's browser, straight to the provider; tcgpos never receives or stores them.
Stripe
Payment processing services for shops on tcgpos are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the "Stripe Services Agreement"). By agreeing to these Terms or continuing to operate as a shop on tcgpos, you agree to be bound by the Stripe Services Agreement, as it may be modified by Stripe from time to time. As a condition of tcgpos enabling payment processing services through Stripe, you agree to provide tcgpos accurate and complete information about you and your business, and you authorize tcgpos to share it and transaction information related to your use of the payment processing services provided by Stripe.
Other payment providers
If you use another provider, your use of it is governed by that provider's own terms between you and the provider, including the PayPal User Agreement, the Square General Terms of Service, the Authorize.net terms, Clover's terms and the agreement you hold with NMI or Slice for your terminals.
Disputes and refunds to your customers
Chargebacks, disputes, holds, reserves and refunds of your customers' payments are between you, your customer and your payment provider. tcgpos sends your instructions to your provider (for example, to charge or refund a card) and records the result; we are not responsible for a provider declining, delaying or reversing a payment, or for its service being unavailable.
Your customers and your obligations
Your customers deal with you, not with tcgpos. You are responsible for your relationship with them, including:
- publishing your own terms of sale, returns and refund policy, and privacy notice on your store page, and honouring them;
- having a lawful basis for the customer information you enter or collect, and their consent before sending them marketing email;
- complying with the laws that apply to your business, including sales tax, consumer protection, and laws on buying second-hand goods and checking sellers' identification;
- answering your customers' questions, orders, complaints and requests about their information.
We process your customers' information on your behalf and only to provide the Service to you, as described in the Privacy Policy and under our Data Processing Agreement, which forms part of these Terms.
Shops selling to consumers in the UK
A shop is responsible for its own consumer-law obligations to its customers - including, for a UK shop, the 14-day right to cancel most goods bought online or at a distance, refunds for faulty goods, and showing prices with VAT included. tcgpos gives shops tools for these (VAT-inclusive prices and receipts, refunds, a returns page that mentions the cancellation right), but does not sell to the shop's customers and is not party to those sales.
Your data and content
Your shop's data (inventory, sales, customers, settings, and the pictures and text on your store page) belongs to you. You give us permission to store, copy, display and process it only as needed to run, secure and support the Service for you. You confirm you have the right to everything you upload.
Each shop has its own database. You can export your data from the dashboard where your plan includes exports, and we will provide a full export of your shop on request.
Acceptable use
You agree not to use the Service to:
- sell counterfeit, stolen or illegal goods, or anything your payment provider prohibits;
- mislead or defraud anyone, or send email to people who have not agreed to receive it;
- upload content that infringes someone else's rights or that is unlawful;
- probe, attack, overload or disrupt the Service or other shops, or get around plan limits or access controls;
- copy, resell or reverse engineer the Service, except where the law allows it.
Other services you connect
The Service can connect to services run by others that you choose to use, for example eBay, TCGplayer, Discord, the Slot n' Slab app, calendar feeds, Google Analytics on your store page and your own email provider. Those services are governed by their own terms, and we are not responsible for them. Prices from our card catalog and card scanner matches are provided for reference to help you price and identify cards; check them before you rely on them.
Availability and changes
We work to keep the Service running and your data safe, but we cannot promise it will always be available or free of errors; it depends on the internet, hosting and outside services. We may need to take it down for maintenance. We improve the Service all the time and may change or retire features; if we remove something central to your plan, we will tell you in advance.
Cancellation, suspension and closing a shop
You can stop using tcgpos at any time; to close your shop, contact us as described in the Refund and cancellation policy.
We may suspend or close a shop that breaks these Terms, puts other shops, customers or the Service at risk, or is used for fraud, and we may lock a shop whose trial has ended without a plan being chosen. Where we reasonably can, we will tell you first and give you the chance to fix the problem. If we close your shop, you can still ask us for an export of your data.
Disclaimers
Except as these Terms expressly say, the Service is provided "as is" and "as available", and to the extent the law allows we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose and non-infringement.
Limitation of liability
To the extent the law allows, neither you nor we will be liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue or data, arising from these Terms or the Service. Our total liability for any claim relating to the Service is limited to the amount you paid us for the Service in the twelve months before the event giving rise to the claim. Nothing in these Terms limits liability that cannot be limited by law.
Indemnity
You will defend and indemnify us against claims by third parties (including your customers and payment providers) arising from your sales and other transactions, the content and data you put into the Service, or your breach of these Terms or the law.
Changes to these Terms
We may update these Terms. If a change materially affects you, we will tell you by email or in your dashboard before it takes effect. If you keep using the Service after the change takes effect, the new Terms apply; if you do not agree, you can close your shop.
Governing law
These Terms are governed by the laws of the State of North Carolina, United States, without regard to its conflict-of-law rules, and any dispute about them will be heard by the state or federal courts located in North Carolina.
General
These Terms are the whole agreement between you and us about the Service. If any part is found unenforceable, the rest stays in effect. Not enforcing a part of them is not a waiver. You may not transfer these Terms without our consent; we may transfer them to a business that takes over the Service.
Contact
Questions about these Terms can be sent to us:
- Email: support@tcgpos.app
- Mail: Centurion Network, PO Box 461, Dallas, NC 28034, United States
Shops already on tcgpos can also write to us from Support in their dashboard. More ways to reach us are on the contact page.