Terms of Use
The rules for using Grailday at grailday.com, in plain English. Last updated November 8, 2026.
Key things to know
This box is a summary only. The numbered sections below are the Terms.
- You agree to these Terms when you first sign in, and again each time you pay for an order or make a card payment. There is no box to tick. (Section 2)
- You must be 18 or older. (Section 6)
- Every pack has a fixed price and shows its card tiers and value ranges once you are signed in, before you buy. You cannot cancel a pack once you have paid, and an opened pack is final. (Sections 9, 10 and 18)
- Cards are real. We hold them in a vault for you. (Section 12)
- You can sell a pack card to Grailday at its locked price until its offer window closes. An accepted offer is final. (Section 13)
- You can ship a card home. You see the price before you confirm, and you can cancel some shipments from their tracking page shortly after, before they are packed. (Section 14)
- You can list a card from your packs for sale to other collectors on the Market, if its card source allows it. We take a 0 cents per dollar seller fee from the sale. Market buys are final. (Sections 15 and 18)
- Your store credit is not a bank account, and we do not pay it out in cash. (Section 16)
- Section 37 has an arbitration clause. It requires individual arbitration, and it waives class actions and jury trials, unless you opt out within 30 days.
Contents
- 1. Who we are and what these Terms cover
- 2. Agreeing to these Terms
- 3. How these Terms fit with our other pages
- 4. Words we use
- 5. Changes to these Terms
- 6. Who can use Grailday
- 7. Your account
- 8. Identity checks, anti-money-laundering and fraud reviews
- 9. Buying a pack
- 10. Pack contents and how a card is allocated
- 11. What a card is worth
- 12. Your cards and your Vault
- 13. Selling a card to Grailday
- 14. Shipping a card home
- 15. The Market
- 16. Your store credit
- 17. Payments, fees and taxes
- 18. Refunds, cancellations and chargebacks
- 19. Mistakes, glitches and reversals
- 20. Holds, set-off and money you owe us
- 21. Promo credit, referral codes and activity score
- 22. Account budget and purchase controls
- 23. What you must not do
- 24. Suspending and closing accounts
- 25. Our rights in Grailday, and yours
- 26. Other companies' services and links
- 27. Messages from us
- 28. Our records
- 29. What Grailday is not
- 30. No warranties
- 31. Limits on what we owe you
- 32. Your promise to cover us
- 33. Release of claims
- 34. Events outside our control
- 35. Changing or ending parts of Grailday
- 36. Governing law and where cases are heard
- 37. Resolving disputes: talk first, then arbitration
- 38. Notices, legal requests and your local rights
- 39. General terms
- 40. Contact us
1. Who we are and what these Terms cover
1.1 Who we are. Grailday ("Grailday", "we", "us" and "our") runs the website grailday.com and the pages, features and services on it. Together we call them the "Service". Grailday is operated by PlayStack Labs Inc. Grailday is a US business. Our mailing address is Grailday, 30 N Gould St #54815, Sheridan, WY 82801, USA. For help with your account, use the contact form.
1.2 What Grailday is. Grailday is a marketplace for real graded trading cards. You can open digital packs, keep each card in your Vault, sell a pack card to Grailday, list a pack card for sale to other collectors, ship a card home, and buy cards on the Market. Each pack holds one real item.
1.3 Who sells to you. We are the seller of packs. We are also the seller of the cards that we list ourselves on the Market. When a collector lists a card from their packs on the Market, that collector sells it, and we run the Market. Section 15 explains. We are responsible for the packs and cards you buy from us, for getting them to you, and for customer support. Card payments are processed for us by our payment processor, which accepts your payment on our behalf.
1.4 A US business. Grailday is a US business based in Sheridan, Wyoming. Wyoming law governs these Terms, as Section 36 explains. All prices on Grailday are in US dollars.
1.5 What these Terms cover. These Terms cover your use of Grailday: visiting the site, having an account, buying and opening packs, holding cards in your Vault, selling to Grailday, listing, shipping, buying on the Market, paying by card, and everything that goes with those things.
2. Agreeing to these Terms
2.1 A binding contract. These Terms are a contract between you and Grailday. Please read them.
2.2 How you agree. You agree to these Terms in these ways:
- (a) When you first sign in. You agree to these Terms and to the Pack Terms. The sign-in box links to these Terms and to the Privacy Policy. The Pack Terms are linked in Section 3.1.
- (b) Each time you pay for an order or make a card payment. You agree to these Terms and to the Refund Policy as they read at that moment. The links sit next to the button.
- (c) When you use Grailday in any other way, such as opening a pack, selling a card to Grailday, shipping a card or buying on the Market.
There is no box to tick. Pressing the button is your agreement. Section 5.5 says when this version starts to apply to a collector who already had an Account.
2.3 If you do not agree. Do not sign in, do not pay, and do not use Grailday.
2.4 Visitors. If you only visit the site and have not signed in, these Terms still apply to your use of it.
2.5 Electronic agreement. You agree that pressing a button on Grailday is your electronic signature, and that our electronic records of what you pressed are as good as a signed paper. We record the version of these Terms that you accepted, and when, when you sign up and with each payment.
2.6 Electronic notices. You agree that we may give you notices, receipts and legal messages in electronic form. We may send them by email to the address on your Account or by posting them on the site. A notice counts as received when we send it or post it. If your Account has no email address, we will post notices on the site. You are responsible for keeping your contact details current.
3. How these Terms fit with our other pages
3.1 The pages that form the agreement. Together these make up the agreement between you and us:
- these Terms;
- the Pack Terms, which add the terms for buying a pack;
- the Refund Policy;
- the Shipping Policy;
- the Rules and Card tiers pages, which explain how a pack works and how to read the pack contents and value ranges;
- the Privacy Policy and the Cookie Policy; and
- any rules posted with a particular offer, such as a referral code.
3.2 If they disagree. The Pack Terms control how a pack opens and what it holds. The Refund Policy controls how a refund is made. The Shipping Policy controls shipping details. The Privacy Policy controls how we handle personal information, and the Cookie Policy controls how we use cookies and similar storage. On everything else, these Terms control. Sections 28 to 39 always apply, whatever another page says.
3.3 Plain-English pages are explanations. The Rules page and the help text on pack and card pages explain how things work. They do not add promises beyond the pages listed in Section 3.1.
3.4 The whole agreement. This is the whole agreement between you and Grailday about Grailday. It replaces every earlier version of these Terms and anything said to you before, whether by marketing, by support or by any other way, that is not written in these pages.
4. Words we use
These words have the same meaning wherever they appear.
- Account: your Grailday account.
- card money: money you paid by card for store credit, or card money kept as store credit after an order could not finish.
- Store credit: the credit on your Account, shown in your account. It can hold card money, offer money, sale money and promo credit.
- Card: the real item you get from a pack or buy on the Market. It is usually a graded trading card. Some packs hold another real collectible item. Each pack's page says what it can hold.
- Card source: a business whose cards or packs we sell, or that supplies cards to us.
- Seller: a collector who lists a Card for sale on the Market.
- Locked price: the offer price shown when a pack card is revealed. Section 13 explains it.
- Market: the part of Grailday where Cards are listed for sale at a fixed price.
- Market value: the value we give a Card at a moment in time. Section 11 explains it.
- Pack: a digital pack you buy on Grailday. Each pack gives you one Card.
- activity score: the account activity total described in Section 21.
- Promo credit: credit we give you for a free pack, for example with a referral code.
- Sale money: the money you receive as store credit when a Card you listed sells to another collector. Section 15.6 explains.
- Grailday offer: returning a Card to us for store credit at its locked price, from that Card in your account.
- Offer money: the money you receive for an accepted offer. It goes into your store credit.
- Offer share: the share of a Card's Market value that a pack pays on an accepted offer. It is shown on each pack's page.
- Offer window: the time during which a pack Card can be sold to Grailday.
- Terms: the pages listed in Section 3.1.
- Vault: the part of your Account that lists the Cards you own, which we hold for you.
- Vault partner: a business that stores Cards for us, or holds them on our behalf.
5. Changes to these Terms
5.1 We may change these Terms. We may change these Terms at any time. We post the new version at grailday.com/terms with a new "Last updated" date.
5.2 Notice. We tell you about changes to these Terms on the site, not by email, so please check this page from time to time. A material change takes effect 14 days after we post it, unless the change is needed to follow the law or to stop fraud or harm. Then it can take effect at once.
5.3 What a change does not touch. A change does not alter a pack you already paid for, an accepted offer you already made, a shipment you already confirmed, or a price you were shown before you pressed Pay. Each time you pay for an order or make a card payment, you agree to the version of the Terms shown then.
5.4 If you do not agree. If a change is not acceptable to you, close your Account (Section 24) and stop using Grailday. If you keep using Grailday after the change takes effect, you accept it. Changes to Section 37 have their own rule in Section 37.12.
5.5 A collector who already has an Account. If you already had an Account when we posted this version, the earlier Terms keep applying to you until this version starts to apply to you. It starts on the earlier of these two dates:
- (a) 14 days after we posted it on the site; and
- (b) the first time you press Pay after we posted it (Section 2.2(b)).
Section 2.2(c) does not make this version apply to you sooner. Section 37.10 gives you 30 days from the date this version starts to apply to you to opt out of arbitration.
6. Who can use Grailday
6.1 Age. You must be 18 or older. If the age of majority where you live is higher than 18, you must be at least that age. By using Grailday you promise that you meet this rule. We do not ask for your date of birth when you sign in. We may ask you for proof of your age at any time, and we may close an Account that cannot show it.
6.2 Capacity. You promise that you can enter a binding contract, that no law bars you from using Grailday, and that you are using it for yourself. Do not use Grailday for another person, or on behalf of a business, unless we agree in writing.
6.3 Lawful use. You are responsible for making sure that your use of Grailday, and owning or receiving the Cards you buy, is lawful where you live. We do not block any place. Grailday is open to people in every region. Some laws still apply to us, though, and Section 6.4 and Section 14.4 explain what that means.
6.4 Sanctions. You promise that you are not on, and not owned or controlled by anyone on, a US government sanctions list, and that you will not use Grailday in a way that breaks US sanctions or export law. We may refuse, hold or cancel any sign-in, payment, sale or shipment that we think would break those laws.
6.5 No hiding. Do not use a VPN, a proxy or false details to hide who you are, how old you are or where you are in order to get around a check, a sanctions rule or a ban. Using a VPN only for your own privacy is fine.
7. Your account
7.1 One account per person. You may have one Account. Do not make or use a second one.
7.2 How you sign in. You sign in through our sign-in provider with a one-time code sent to your email or phone, or with a sign-in provider. There are no passwords. Your Account is tied to the way you signed up. Our sign-in provider also creates an account record for you. It holds nothing, and we don't use it for payments. The sign-in provider's own terms and privacy notice apply to the sign-in step.
7.3 Keep your sign-in safe. Your email inbox, your phone number, your account with a sign-in provider and your devices are the keys to your store credit and your Vault. Anyone who can use them can use your Account. You are responsible for everything done through your Account, including by people you let in and people who get in because you did not protect those keys. If you think someone else has access, tell us right away through the contact form.
7.4 True and current details. Give us true details and keep them current. That covers the email address or phone number you sign in with, and the name, address and phone number you give us for shipping. Any email address or phone number you add must be yours. We may suspend an Account that has false details.
7.5 If you lose access. If you lose access to your sign-in method, contact us. We may ask you to prove it is you. We may refuse to act if we cannot be sure, to protect you and other collectors.
7.6 Your public handle. Every Account has a public handle. It shows on the signed-in rankings and on any page you choose to share. It is 3 to 20 letters, digits or underscores, and it must be unique. Do not choose a handle that uses someone else's name or mark, is offensive, or is misleading. We may change or remove a handle that breaks this rule.
7.7 Not transferable. Do not sell, rent, lend, give away, share or transfer your Account, your store credit, your activity score, your promo credit or your access to Grailday. A transfer like that has no effect, and we may close the Account. You can still ship a Card to any address you choose, as Section 14 explains, and you can sell a Card to another collector on the Market, as Section 15 explains.
8. Identity checks, anti-money-laundering and fraud reviews
8.1 When we may ask for proof. We do not ask for ID as a normal step when you buy, accept a Grailday offer or ship. We may ask you at any time to prove who you are, how old you are, where you live, that a payment method is yours, or where your money came from, if:
- (a) the law, our payment processor, a card source, a vault partner or a carrier requires it;
- (b) we see signs of fraud, abuse or a breach of these Terms;
- (c) a payment on your Account is disputed; or
- (d) you ask us to reopen the Market on your Account after a closure (Section 22.2).
Reply promptly. Until you do, we may pause what you can do on your Account.
8.2 Clean money. You promise that the money you pay to Grailday is lawful and is yours to use. Do not use Grailday to launder money, to pay for crime, or to hide where money came from. We may report suspicious activity to the authorities. Where the law bars us from telling you, we will not tell you.
8.3 Fraud reviews. If we suspect fraud, abuse or a breach of these Terms, or a payment is flagged, we may do any of these things while we look into it:
- (a) freeze or hold your store credit, or part of it;
- (b) pause buying, selling to Grailday, listing, Market purchases, shipping or signing in;
- (c) hold a shipment;
- (d) ask you for documents or an explanation; and
- (e) reverse transactions as Sections 19 and 20 explain.
We will tell you what we need in plain words, unless the law or the review stops us. We lift a hold when we have what we need and are satisfied.
8.4 We may pause shipping. We may pause shipping on your Account while we review it. Your Cards stay in your Vault.
8.5 Work with us. If you do not cooperate with a review, we may close your Account under Section 24.
9. Buying a pack
9.1 Price, and what you see before you buy. Every pack has a fixed price, shown on its page before you buy. The page also shows what the pack can hold and how many you can open in one order. After sign-in, it shows the stock-allocation details, each card tier's value range where known, and the Grailday offer terms before you buy.
9.2 What a pack holds. Each pack gives you one real item. Most packs hold a graded card. A few packs can also hold another real collectible item. The pack's page says what it can hold, and your reveal names what you got.
9.3 How you pay. You press Pay in the checkout box. Your store credit pays first, and it spends card money before offer money. If your store credit is less than the price, a card pays the rest. If your store credit covers the price and you choose to pay by card, the card pays the whole price. You pay the pack's price and no service fee, whether your store credit or a card pays.
9.4 When the pack opens. You pay when you buy. Your packs open right after you pay, one after another, and each Card goes into your Vault. If a pack cannot open at once, it opens from the page right after you pay, or by itself within the time shown.
9.5 If we cannot give you the pack. If something goes wrong before a pack is yours, for example it sells out while you are buying, the money held for it goes back to your store credit promptly, and you are not charged. A card payment you made when you pressed Pay stays in your store credit, and you can ask for it back on your card within 30 days. If a sealed pack runs out of time before it opens, the amount you paid is credited back to your store credit.
9.6 Final sale. Once you have paid for a pack, you cannot cancel it. Once it opens, the sale is final. We do not refund a pack because you do not like the Card, because the Card is worth less than the price, or because you changed your mind. You can keep the Card, sell it to Grailday while its window is open, list it for sale if Section 15.5 allows it, or ship it home. The Refund Policy and Section 19 list the exceptions.
9.7 Quantity. Each pack's page shows how many of that pack you can open in one order.
9.8 Prices can change. If a pack's price goes up before you pay, we refuse the order. If it goes down, you pay the lower price.
9.9 Availability. Packs sell out, and we pause packs. We may pause or stop selling any pack at any time, including while you are checking out. Section 19.5 lists the reasons we may refuse or cancel an order.
10. Pack contents and how a card is allocated
10.1 Pack details before you buy. Each pack's page shows its price and example cards where available. Once signed in, you can also see its stock-allocation details, card tiers and the range of card values in each tier where one is known, next to the Buy button before you buy. The Card tiers page explains how to read them.
10.2 How allocation works. Your Card is allocated from that pack's stock by an automated system. It runs on the card source's system, and it uses that pack's stock-allocation details. Nobody at Grailday picks, changes or swaps the Card you get. We do not change a pack's stock-allocation details for any collector or for any purchase. The stock-allocation details are the same for everyone who opens that pack.
10.3 Stock-allocation details can change over time. A pack's stock-allocation details and value ranges can change as the pool of cards behind it changes. We refresh what the page shows regularly, so the page can lag a short while behind the pack. The Card in your pack is fixed when you buy. A change in a pack's stock-allocation details never changes a Card you have already received.
10.4 What your pack can contain. Your Card is allocated from that pack's stock. Cards in a pack differ in value, so your card can be worth less or more than the pack price. What earlier packs gave tells you nothing about what yours will give. The best cards shown on a pack's page are examples of what the pack can hold. They are not a promise of what it will give.
10.5 Records and checks. We keep a record of every pack you buy and the Card it gave you. If you think the card from your pack is wrong, tell us through the contact form and choose "Packs and cards". We will look at the record and tell you what we find.
10.6 Mistakes in stock-allocation details. If the stock-allocation details on a page are wrong because of a mistake, Section 19 applies.
11. What a card is worth
11.1 Market value. "Market value" is the value we give a Card at a moment in time. We work it out from figures supplied by the Card's card source and other market information that we choose, and we decide which figure to use. It is our judgment, and how we work it out can change. It can differ from what another buyer, a dealer or an auction would pay, from what the Card last sold for, and from what you paid.
11.2 More than one figure. Where we have more than one value for a Card, we may use the lowest.
11.3 Estimates, not appraisals. Values, grades, population counts, prices and other card information on Grailday come from other sources and from our judgment. They may be out of date, incomplete or wrong. They are information. They are not an appraisal, and they are not an offer or a promise, except the Locked price shown at a reveal and the price shown on a Card you can buy.
11.4 Values move. The value of a Card can rise or fall, quickly and by a lot. A Card may be worth less later than the price of the pack it came from, or less than you paid for it. Earlier prices do not predict later ones. We do not promise a profit, a resale price, or that anyone will buy a Card from you. Do not buy on the hope of making money.
11.5 A locked price is not a floor. The Locked price is what we pay if you sell that Card to Grailday in its window. It does not promise that the Card is worth that much, and it can be less than you paid for the pack.
12. Your cards and your Vault
12.1 Real cards. Every Card is real. We hold it for you in a vault in the United States.
12.2 Your Vault. The Vault is the part of your Account that lists the Cards you own. A Card stays in your Vault until you choose what happens to it: keep it, ship it home, list it for sale if Section 15.5 allows it, or sell it to Grailday if it is a pack Card with an open window. Nothing sells a Card on its own. We charge no storage fee today. We may add fees later, with notice. Section 24 covers closed Accounts.
12.3 Who owns the Card. When a pack opens and the Card is added to your Vault, or when a Market purchase completes and the Card is added to your Vault, you own that Card from that moment. If the payment for it is later reversed or refunded, Sections 18.5 and 20 say what happens. When you sell a Card to Grailday, it becomes ours (Section 13.5).
12.4 How we hold your Cards. We hold your Cards for you, together with our vault partners. The Card is yours. We keep it safe. We do not use it for ourselves. We keep records that show which Cards belong to which Account, and those records show who owns what. We will not sell, lend or pledge a Card in your Vault, except when you tell us to (an accepted offer, a sale on the Market, a shipment), when these Terms allow it (Sections 20 and 24), or when the law requires it.
12.5 Our vault partners. We use vault partners to store Cards. They act for us. We are responsible to you for the Cards they hold for you, as this section and Section 12.7 set out.
12.6 Care. We and our vault partners will take reasonable care of the Cards in the Vault. That includes secure storage in the United States.
12.7 If a Card is lost or damaged. If a Card in your Vault is lost, stolen or damaged while we or a vault partner hold it, tell us right away through the contact form. After we confirm the loss, we will either give you the same Card in the same grade or credit the Card's Market value at the time of the loss to your store credit. We choose which. If we give the credit, the Card becomes ours. This is your only remedy for that loss, except where the law gives you more. It never goes above the Card's Market value at the time of the loss.
12.8 If Grailday fails. The Cards in your Vault are yours, not ours. We cannot promise how a court would treat Cards that are held in a company's name if that company became insolvent. If we ever shut Grailday down, we will give you a way to ship your Cards home before we close (Section 35.3).
12.9 Grades. Graded Cards are graded by independent grading companies. Grailday does not grade Cards. No grading company, game publisher, league or athlete sponsors, endorses or speaks for Grailday. The grade, the label and the certificate number come from the grading company. We pass them through, and we show a certificate number as plain text. To check one, enter it on the grading company's own website. Grading is a human judgment, so two Cards with the same grade can look different in centering, edges and surface. We do not promise that a Card would get the same grade if it were graded again.
12.10 If a Card is not what it should be. We work to list only genuine Cards. If you think a Card is counterfeit, altered, wrongly labeled or in a damaged or tampered slab, tell us through the contact form within 7 days after the Card appears in your Vault or, for a Card we shipped to you, is delivered. We will check with the card source and the vault partner. If we confirm the problem, we take the Card back and make it right as Section 12.7 describes, using the Market value of the Card as it should have been.
12.11 Pictures. Pictures of packs and Cards are examples. A Card can look different from its picture in centering, edges, surface and color. Pictures of what a pack "can hold" show what the pack can hold. They do not show what you will get.
12.12 Other people's marks. The names, logos, characters, art and marks of games, leagues, athletes, publishers and grading companies belong to their owners. Grailday is not affiliated with them. We use their names and images only to identify Cards.
12.13 Digital records. Some Cards are tracked by our card sources or vault partners with a digital record. Any such record is only a record. It is not a separate asset, a security or an investment, and it gives you no rights beyond your rights in the Card under these Terms. Your Account is the only place you can use or move a Card, other than by shipping it to a street address. Digital systems can fail, be attacked or contain errors. Sections 31 and 34 apply to those risks.
13. Selling a card to Grailday
13.1 What an accepted offer is. For a Card from a pack you open, you may sell the Card to Grailday at its Locked price until its offer window closes. A Card you buy on the Market has no Grailday offer (Section 15.4).
13.2 The Locked price. When a pack Card is revealed, we show its Locked price. That is the Card's Market value at that moment, times the pack's Grailday offer share. The share is on the pack's page. The share that applies is the one in effect when the pack opens. The Locked price is fixed for that Card. It does not change during the window, except that Section 19.2 lets us correct an obvious error before you sell the Card to Grailday.
13.3 The window. Each Card shows how much time is left in its offer window. Windows differ by pack and card source, and they can be short. When a window closes, the Card stays in your Vault and you can still ship it (or list it for sale, if Section 15.5 allows it), but you cannot sell it to Grailday. A window can close early if the card source stops its offer. We may email you a reminder before a window closes. A reminder is a courtesy. If you do not get one, the window still closes.
13.4 How it works. You start an accepted offer from the Card in your Vault. Your offer money goes into your store credit at once. If the card source's answer is slow to reach us, we tell you that we are confirming your sale, and the money follows as soon as it is confirmed. An accepted offer is final. Once you have confirmed it, you cannot cancel it, reverse it or ask for the Card back.
13.5 The Card becomes ours. When you sell a Card to Grailday, you sell all of your rights in it. It then belongs to us, or to our card source on our behalf, free of any claim by you.
13.6 What offer money is. Offer money goes into your store credit (Section 16). It is not a refund of the pack's price. It is never paid out in cash. It does not undo the sale of the pack.
13.7 No Grailday offer after you confirm a shipment. Once you confirm a shipment that includes a Card, you cannot sell that Card to Grailday.
13.8 We may pause Grailday offer. We make Grailday offers as a convenience. We may pause or stop it at any time, for all packs or some, for any card source, for example if a card source pauses Grailday offers, if there is a technical problem or fraud, or if the law requires it. If we do, your Cards stay in your Vault and you can still ship them. We may change Grailday offer shares for packs opened after the change. A change does not touch the Locked price of a Card already revealed.
13.9 Mistakes and abuse. We may refuse an accepted offer that comes from an obvious error (Section 19) or from abuse of Grailday (Section 23), and we may reverse one that comes from abuse. We do not undo an accepted offer you already made because the Locked price shown was wrong.
13.10 Cards from a free pack. When you accept a Grailday offer for a card from a free pack, the money goes into your store credit like any other accepted offer.
13.11 Listed Cards. If you list a Card for sale (Section 15.5), you can still sell it to Grailday while its window is open. The listing then ends.
14. Shipping a card home
14.1 Asking to ship. You may ask us to ship any Card in your Vault to a street address, including a Card you bought on the Market, where shipping is open for that Card. When you confirm a shipment, we charge the price shown at the quote, and the Card leaves your Vault. If a Card cannot be shipped, we tell you, we charge you nothing, and the Card stays in your Vault. We may pause shipping for all Cards or some (Section 35.1). If shipping is paused when you ask, we tell you and you are not charged.
14.2 The price. Shipping has one price (postage and handling), shown before you confirm, plus any sales tax that applies. You see the total before you confirm. Your store credit pays first. If it holds less than the shipping price, a card pays the rest. If your store credit covers the shipping price and you choose to pay by card, the card pays the whole shipping price. The shipping price is never part of the price of a pack. We do not ask for ID to ship.
14.3 Your address. You give us the name, street address and phone number to ship to, and a state, province or region. You are responsible for getting them right. We cannot change an address after you confirm. A parcel sent to the address you gave us counts as sent correctly. If a parcel is returned or cannot be delivered because the address was wrong or incomplete, or because the delivery was refused, we will hold the Card for you and send it again when you ask. You pay the shipping price again to send it. We add no other fee.
14.4 Where we ship. We offer shipping to addresses in every country. Carriers and our shipping partners cannot deliver everywhere, and the law stops some shipments. If an address cannot be served, the address form tells you before any money moves. We may refuse a shipment that would break sanctions, export or customs law, or a carrier's rules.
14.5 When it ships. A Card whose quote shows no delivery estimate usually leaves our vault within a few business days after you confirm. We do not promise that timing. Once it is on its way, the shipment page shows the carrier, the tracking number and where the parcel is. Delivery takes as long as the carrier takes. Delays happen: weather, holidays, customs and carriers.
14.6 Several Cards. Cards from different card sources do not ship together. A parcel holds a limited number of Cards. If you pick more Cards than one parcel holds, the request is turned back and you can ship the Cards in smaller requests. You pay the one price you confirmed for each request.
14.7 Shipment reviews. We may hold a shipment for review before it is sent. If so, your money stays held, your Cards are set aside, and you do not need to do anything. If we decline the shipment, the hold is released and the Cards go back to your Vault.
14.8 Customs, duties and taxes. If a parcel goes to another country, you are responsible for any duties, import taxes and customs fees charged by that country or the carrier. We do not collect them.
14.9 Cancelling. You can cancel some shipments from their tracking page shortly after you confirm them, before they are packed. The shipping charge goes back to your store credit. Otherwise, contact support.
14.10 Risk of loss. You own the Card throughout. The risk that it is lost or damaged stays with us until the carrier delivers the parcel to the address you gave us. After that, the risk is yours.
14.11 Lost or damaged in the post. If a parcel arrives damaged or opened, tell us through the contact form within 7 days after delivery. If a parcel does not arrive, tell us within 15 days after the date it was due. If no delivery date was given, the due date is 15 days after the shipment page shows the parcel as shipped. Keep the box and packing, and send photos if we ask. We will look into it with the carrier and the card source. If the carrier or we confirm the loss or damage, we will make it right as Section 12.7 describes.
14.12 If we cannot send the Card you asked for. If a Card cannot be shipped for a reason outside your control, we do not charge you, and the Card stays in your Vault. We will tell you when it can ship. If a Card can never be shipped, for example because it was removed from availability or can no longer be redeemed, we will credit its Market value at that time to your store credit or, if we hold the same Card in the same grade, give you that Card instead. We choose which. If we give the credit, the Card becomes ours.
14.13 We may pause shipping. We may pause shipping on your Account while we review it. Your Cards stay in your Vault.
15. The Market
15.1 What the Market is. The Market is where Cards are listed for sale at a fixed price. You buy one Card at a time. There are no auctions, offers, trades or carts.
15.2 Who sells. Cards on the Market are sold either by Grailday or by collectors. We are the seller of the Cards we list ourselves. For a Card that a collector lists, the collector is the seller, and we run the Market. We move the Card, take the payment, and credit the seller. We are not a party to what the seller says about the Card, and we do not guarantee it beyond Section 15.8.
15.3 Buying. The Card's page shows its price. You pay from your store credit or with a card. There is no buyer fee on the Market. A Market purchase completes when the payment clears, and the Card goes into your Vault. If the price rises before you pay, we refuse the order. If it falls, you pay the lower price. If the Card is no longer available when you buy, we do not charge you, or we put the money back in your store credit. Some Market Cards are bought for you from another seller at the moment you buy, so a Card you can see may be gone by the time you press Pay. We set the price of a Card we sell, and it can be higher than what the Card costs us.
15.4 No Grailday offer and no resale. A Card you buy on the Market has no Grailday offer. You can keep it or ship it home. You cannot list a Card you bought on the Market for sale again on Grailday.
15.5 Listing a Card. You may list a Card from your Vault for sale at a fixed price if:
- (a) you own it, and it is a pack Card that came from a card source that allows its Cards to be sold on the Market (some card sources do not, and a Card from one of them cannot be listed);
- (b) it is in your Vault and is not already listed, in an accepted offer, in a shipment or under a hold;
- (c) the price is no lower than the Card's Locked price and no higher than the top of the range we show when you list; and
- (d) the Card is still available for sale when the buyer pays.
You can list a Card before its offer window closes and after it. Listings stay up until they sell or you cancel them, unless a card's own deadline ends them sooner. You can cancel it until it sells. It also ends if the Card is sold to Grailday or shipped, or stops being available. You may not buy your own listing.
15.6 The seller fee. When a Card sells, we take a seller fee of 0 cents per dollar of the sale price from the seller's proceeds. The buyer pays no fee. The fee shown when a seller lists applies to that sale unless a lower fee is in force. We may change the fee for later listings. Fees are not refunded unless the whole sale is reversed. The rest of the sale price goes into the seller's store credit as sale money. Sale money is store credit. It is never paid out in cash.
15.7 Fair dealing. Do not trade with yourself, use a second account or a friend to push up a price, a sale count or activity score, or trade to wash value or hide where money came from.
15.8 If a Market Card is not as described. We try to describe each Card correctly: its name, set, grade and picture. If you receive a Card that is not as described, for example the wrong Card, the wrong grade, or a counterfeit, tell us through the contact form within 7 days after it appears in your Vault. We will check. If we confirm it, we will reverse the sale and put your money back in your store credit or, if we hold the right Card, give you that Card instead. We choose which.
15.9 Disagreements between collectors. If a buyer and a seller disagree, tell us first. We will look at the facts in good faith, and we may hold the seller's proceeds while we do. Our decision about what happens to the Card and the money on Grailday is final as between the two collectors, as far as the law allows.
15.10 Market sales are final. A Market purchase is final. See Section 18.3 for the exceptions.
15.11 We may pause or limit the Market. We may pause, limit or end the Market, a card source on the Market, collector listings, or any single listing at any time, for example because of an error, a fraud concern, or because a card source cannot deliver. We may refuse any sale between two Accounts. We try not to list a Card that cannot be bought. If a buy fails because the Card is gone, we do not charge you.
15.12 activity score. Market purchases earn activity score, as Section 21 describes.
16. Your store credit
16.1 What store credit is. Store credit is credit on your Account. It can hold four kinds of money: card money, offer money, sale money and promo credit.
16.2 What it buys. Your store credit pays for packs, shipping and Market cards. Promo credit pays only for the free pack it came with.
16.3 Spending order. Card money is spent first. Offer money and sale money are spent next.
16.4 What store credit is not. Your store credit is not a bank account, a prepaid card or a gift card. It is not government-insured. It earns no interest. It has no cash value. You cannot pay anyone else with it, and you cannot transfer it (Section 7.7). Offer money, sale money and promo credit are never paid out in cash.
16.5 Getting card money back. For credit from card payments that you have not spent, you can ask for it back through the contact form within 30 days of the payment. Choose "Payments and refunds". We refund it to the payment method you used. Card money is spent before offer money, so what we can refund is the card money still in your store credit. After 30 days, unspent card money stays as store credit.
16.6 Store credit is not cash Grailday does not pay out your store credit in cash. If we ever do, it will have its own terms.
16.7 How the money is held. Card payments are paid to Grailday and held in our company accounts. Your store credit is our record of what we owe you.
16.8 Card payments. You can pay by card, Apple Pay or Google Pay from your account when signed in, using the payment methods shown there. We add the store credit when our payment processor confirms the payment. A payment that is still pending adds nothing. Your store credit pays first at checkout. Any part it does not cover is paid by card at checkout.
16.9 Purchase limits you set. You can set daily, weekly or monthly limits on card payment amounts in Account. See Section 22.
16.10 Store credit below zero and closed Accounts. Section 20 covers store credit that goes below zero. Section 24 covers store credit when an Account closes or goes quiet.
17. Payments, fees and taxes
17.1 Our payment processor. Payments are handled by our payment processor, which takes payment for us. We never see or store your full card number. For each payment we keep the amount, the time, the processor's reference, the card's brand and last four digits, and the records Section 18.5 describes. The processor's own terms apply to the payment step.
17.2 On your statement. Card charges appear on your statement as CF grailday or GRAILDAY, depending on the payment processor used for your country.
17.3 Your right to use the payment method. You promise that the payment method is yours or that you may use it, that the details you give are true, and that there is enough money behind it. Do not use a stolen, unauthorized or fake card.
17.4 Failed or reversed payments. If a payment is declined, fails or is reversed, we may cancel or reverse the order it paid for, take back any credit or Card that came from it, and pause your Account until it is put right. Sections 18 and 20 explain.
17.5 Saved cards. The checkout box saves a card you type, with our payment processor, for your next payment. The line under Pay tells you so. You can remove a saved card in the card form. We never see the full number.
17.6 Fees. We show fees before you pay. They are the shipping price (Section 14.2) and the seller fee on collector sales (Section 15.6). We may add a fee, or change a fee, for later purchases. We show a new fee before you pay it. A fee is not refunded unless the whole transaction is reversed.
17.7 The price you pay. The price shown before you press Pay is the price you pay. It includes any fee and any tax shown there.
17.8 Sales tax. If sales tax applies to a purchase or a shipment, we add it and show it before you pay or confirm.
17.9 Your own taxes. You are responsible for any other taxes on Cards you buy, sell to Grailday, sell to other collectors or receive, and on any gain. We do not give tax advice. We may have to report some transactions or Account details to tax authorities, as the law requires.
17.10 Receipts. We email a receipt for each payment to the address on your Account, if it has one.
18. Refunds, cancellations and chargebacks
18.1 The Refund Policy. The Refund Policy says when money comes back and how to ask. In short:
- an opened pack is final;
- a pack that cannot be opened charges nothing;
- card money you have not spent can go back to your card within 30 days;
- promo credit, offer money and sale money are not refunded;
- a Market purchase is final (Section 18.3); and
- a shipment that is cancelled or fails after you pay is refunded to your store credit.
18.2 No subscriptions. There are no subscriptions and no automatic charges. You are charged only when you choose to pay for an order or make a card payment yourself.
18.3 Market purchases are final. You cannot return a Card or get a refund of a Market purchase because you changed your mind. The exceptions are a Card that is not as described (Section 15.8), a sale we cannot complete, a mistake we correct (Section 19) and rights the law gives you.
18.4 Talk to us before your bank. If something looks wrong with a payment, please tell us through the contact form before you dispute it with your bank. Choose "Payments and refunds". We can usually fix it faster. You keep your right to dispute a payment, but Section 18.5 applies if you do.
18.5 Chargebacks. A "chargeback" is a dispute you file with your bank or card issuer about a payment to us. If you file one:
- (a) we may pause shipping on your Account while we review it, and we may pause other features;
- (b) we keep the records of the payment, your Account activity and what you accepted, and we give them to your bank;
- (c) if the dispute is lost, or your bank returns money to you for something you kept, you owe us that amount. We may take it from your store credit (card money first, then offer money and sale money), take back the activity score, reverse the credit or Card that came from the payment, and recover the rest under Section 20;
- (d) a dispute that says you did not get a Card you did get, or did not make a payment you did make, breaks these Terms and may be fraud; and
- (e) if a payment was truly unauthorized, tell us right away and we will look into it.
18.6 Where refunds go. Refunds go to your store credit. The exception is a refund of card money, which goes back to the payment method you used. Promo credit is never refunded.
19. Mistakes, glitches and reversals
19.1 Mistakes happen. We may make a mistake: a wrong price, a wrong offer share, a wrong table of stock-allocation details, a credit applied twice, a Card shown that cannot be delivered, a software bug, or an error by a card source or another partner. We may correct it.
19.2 Obvious errors. An error is obvious when a reasonable person would see it was wrong. Examples are a price far from the Card's Market value, a credit that makes no sense, and a figure shown wrongly. For an obvious error we may:
- (a) cancel or refuse the order;
- (b) reverse the transaction and put both sides back where they were, except an accepted offer you already made;
- (c) correct a Locked price shown in error, before you sell the Card to Grailday;
- (d) correct a credit that was applied twice or by mistake, and take back the extra; and
- (e) take back a Card, credit or activity score you received because of the error.
If we correct a Locked price before you sell to Grailday, you may sell at the corrected price or keep the Card. We correct a Locked price only before you sell. After you sell, a wrong Locked price does not undo your accepted offer.
19.3 How we put things right. When we reverse something, we give back what you paid for it: to your store credit, or to your card if it was card money. We take back what you received. If you have already used it, for example by selling it to Grailday or shipping it, we may take its value from your store credit under Section 20.
19.4 Bugs and loopholes. If you find a bug, a glitch or a loophole, tell us. Do not use it. If you use one to get something you would not otherwise get, such as free value, extra credit, repeated offers, or a look at results before they are final, we may reverse what you gained, close your Account and recover the value (Section 23).
19.5 Refusing and cancelling orders. We may refuse or cancel an order before it is final if:
- (a) there is an error;
- (b) we cannot fill it, for example because a pack is sold out or paused, or a card source cannot deliver;
- (c) we suspect fraud or abuse;
- (d) the law or a partner's rules require it; or
- (e) there is a payment problem.
If we cancel before a pack opens, you get a full refund to your store credit.
19.6 Telling you. Where we can, we tell you what we did and why, by email or by a notice on the site, unless the law or a fraud review stops us.
20. Holds, set-off and money you owe us
20.1 Money you owe us. You may owe us money, for example because of a reversed payment, a lost bank dispute, a mistake, a fee, or value you gained by breaking these Terms. If you do, we may take it from your store credit, hold amounts in your store credit while we review, and set it off against credits that come later, such as offer money, sale money and promo credit.
20.2 Holds. We may place a hold on money, a Card or a shipment while we review a payment, a dispute, an error, a possible breach of these Terms or a legal request.
20.3 Store credit below zero. If a reversal leaves your store credit below zero, you owe us the difference. Until you pay it, we may:
- (a) pause your Account, including buying, selling to Grailday, listing, shipping and the Market;
- (b) take it from future credits;
- (c) keep a Card of equal value in your Vault until it is paid; and
- (d) where the law allows, recover our reasonable costs of collecting it.
20.4 No interest. We pay no interest on money we hold.
21. Promo credit, referral codes and activity score
21.1 Promo credit. A creator's referral code can give you one free pack: promo credit for the pack's price, used to open that pack for you. Each Account can use one referral code, once. Promo credit pays only for that pack. You cannot spend it on anything else, refund it, transfer it or receive it as cash, and it has no cash value. When you accept a Grailday offer for a card from a free pack, the money goes into your store credit like any other accepted offer. Using a code follows the same rules as buying a pack: the age rule applies, and so does a pause you turned on.
21.2 Other offers. Each offer has its own rules, shown with the offer. An offer can be limited in time and number, cannot be combined with another unless we say so, and can be ended by us at any time. Ending an offer does not take back a free pack you already used.
21.3 Abuse. Do not make extra accounts, refer yourself, invent sign-ups, use a code you got by deceit, or use a script to redeem codes. If you do, we may cancel the free pack, take back the promo credit, the Card from the free pack or its value, and the activity score, close your Accounts, and refuse you future offers.
21.4 Sharing a code. If you share a referral code and get anything from us for it, say so clearly wherever you share it. For example, say that you get credit when someone signs up with your code. Follow the law on endorsements. We may stop rewarding anyone who does not.
21.5 activity score. 10 activity units per $1 on packs; 1 per $1 on Market buys. Fees do not earn activity score. You earn none on card money, on shipping, or on a free pack. We take activity score back if a purchase is refunded or reversed, or if you lose a bank dispute. Your Account shows your activity score. Activity units have no cash value. You cannot redeem them for money, Cards or anything else, and you cannot sell or transfer them. We may change how activity score is earned, change or end the program, and reset or remove activity score, for example to correct an error or to stop abuse. You have no rights in activity score.
21.6 The rankings. The signed-in weekly and monthly rankings rank collectors by activity score, using public handles. We decide ranks in good faith. We may remove an Account from the rankings for cheating. Rankings carry no rewards.
Your lifetime activity score also determines the collector level shown in Account and on the signed-in rankings.
21.7 Fair play. Do not trade on the Market to boost activity score or a rank (Section 15.7).
22. Account budget and purchase controls
22.1 Your tools. Account controls let you set card-payment limits or pause pack purchases. None is on unless you turn it on. Find them in Account. These tools are available only in your signed-in Account.
22.2 How they work.
- A limit stops you making card payments above the cap you set. Lowering a limit takes effect at once. Raising it or removing it takes effect 24 hours after you ask.
- You can pause pack purchases and card payments for 1, 7 or 30 days. It ends by itself.
- The close-account option blocks your whole Account, including signing in, for 180 days or for good. The separate "Close my account" setting closes it for good. You cannot lift it early, and asking us does not lift it. When the 180 days end, you can sign in and use the Account again, except the Market and the rankings. They stay closed to the Account until you ask us through the contact form to reopen them, and we confirm it is you first (Section 8.1). A permanent closure never ends.
22.3 Your Cards. Your Cards stay in your Vault during a pause or a closure. During a pause you can still sell to Grailday. You can also ship when your store credit covers the shipping price: a pause blocks card payments. During a closure nothing on your Account works. To have a Card shipped while your Account is closed, ask us through the contact form.
22.4 Your choice. You decide how much to spend. The tools are there if you want them. We are not responsible for how much you spend.
23. What you must not do
23.1 The list. Do not do any of these things, and do not help anyone else do them:
- (a) break the law, or use Grailday to commit a crime, launder money, pay for crime, or get around sanctions;
- (b) give false information about your age, identity, address or payment, or pretend to be someone else;
- (c) use a payment method that is not yours, a stolen or fake card, or small payments to find out which card numbers work;
- (d) have more than one Account, or share, sell, rent or transfer your Account;
- (e) abuse offers: extra accounts, self-referral, invented sign-ups, or scripts that redeem codes;
- (f) use a bug, a glitch or an error to get something you should not, or change the result of a pack, a price, a offer value, activity score or a ranking;
- (g) work with other collectors or sellers to cheat, to wash trades, to push up a price or a rank, or to hide where money came from;
- (h) use a bot, script, macro, scraper or any automated way to visit Grailday, buy, sell to Grailday, ship, or gather data, unless we say so in writing;
- (i) interfere with Grailday: overload it, probe it, attack it, test its security without our written permission, spread malware, get around request limits, bot checks or access controls, or reverse engineer it;
- (j) copy or mirror Grailday, or use it to build a competing service or a data set;
- (k) file a false claim or a false bank dispute, or lie to our support staff;
- (l) harass, threaten or abuse our staff, other collectors or our partners, or choose a handle that does;
- (m) hide who you are, how old you are or where you are in order to dodge a check, a sanctions rule or a ban (Section 6.5);
- (n) infringe anyone else's copyright, trademark, privacy or other rights; or
- (o) help or encourage anyone to do any of the above.
23.2 What can happen. If you do any of these things, we may take any step in Sections 8, 19, 20 and 24, report you to the authorities and to our payment processor and partners, and take back what you gained.
23.3 Security problems. If you find a security problem in Grailday, tell us through the contact form and do not use it.
24. Suspending and closing accounts
24.1 Our right to act. We may limit, hold, suspend or close your Account, or refuse to let you sign in or buy, with or without notice, if:
- (a) you break these Terms;
- (b) we suspect fraud, abuse, money laundering or a payment problem, including a bank dispute;
- (c) the law, a court, our payment processor, a card source, a vault partner or a carrier requires it; or
- (d) we think your use is a risk to Grailday, other collectors or our partners.
24.2 Closing for any other reason. We may also close an Account for any other reason if we give you at least 14 days' notice.
24.3 Closing your own Account. You may close your Account at any time with the close-account option (Section 22).
24.4 Your Cards after a closure. Your Cards stay yours and stay in your Vault. Ask us through the contact form to ship them home. If we closed your Account for fraud, a reversed payment, a legal hold or a breach, we may keep Cards in the Vault until the matter is settled or the law lets them go, and we may use a Card's value to cover what you owe us (Section 20).
24.5 Your store credit after a closure. What happens to your store credit depends on who closed the Account and why:
- (a) We close it with no fault on your part. We refund the card money you have not spent to the payment method you used. Your offer money, sale money and promo credit stay on the Account. If you ask us to reopen the Account, you can use them.
- (b) You close it. Your store credit stays on the Account. The 30-day rule in Section 16.5 still applies to card money.
- (c) We close it for fraud or a breach of these Terms. We may keep or cancel your store credit, as far as the law allows, after taking what you owe us.
24.6 Accounts that go quiet. We charge no inactivity fee and no storage fee today. We may add fees later, with notice. If the law requires us to report or hand over unclaimed property, we will first try to reach you at the contact details on your Account.
24.7 Ask us to look again. If you think we made a mistake, tell us through the contact form. We will review it. We may not be able to give our reasons in every case.
24.8 What stays in force. Section 39.4 lists the sections that stay in force after an Account closes.
25. Our rights in Grailday, and yours
25.1 What we own. Grailday, including its design, software, text, pack art, names and logos, belongs to us or to the people who license it to us. The law protects it. Third-party content, such as Card images and marks, belongs to its owners.
25.2 Your license. We give you a personal, limited, non-exclusive, non-transferable license that we can end, to use Grailday for its intended purpose and as these Terms allow. You get no other right in it.
25.3 Limits on use. Do not copy, change, sell, rent, frame, scrape, reverse engineer or build on Grailday, except as Section 23 and the law allow.
25.4 Our name. Do not use the Grailday name or logo without our written permission, except to refer to us accurately, for example when you share a page.
25.5 What you give us. When you give us a handle, a message, shipping details or other content, you give us permission to use it, anywhere and without payment, to run Grailday, to show your handle on the signed-in rankings and on pages you share, and to reply to you.
25.6 Sharing a card. If you press Share on a Card from a pack, you make a public page for it. It shows the Card and your public handle, or "A Grailday collector" if you have none. Only you can make it. Anyone with the link can see it. It stays up after the Card is sold to Grailday, shipped or sold on. If you want one taken down, ask us through the contact form and we will look at your request.
25.7 Ideas you send us. If you send us feedback or an idea, we may use it without paying you or crediting you.
25.8 Copyright complaints. Almost nothing that collectors upload is stored on Grailday. If you believe something on Grailday infringes your copyright, tell us through the contact form (choose "Something else"). Say which work it is, where it appears, how to reach you, and that you believe in good faith that the use is not allowed and that your notice is accurate. We may remove the item and close the Accounts of repeat infringers.
25.9 Latest opens. The Latest opens strips on Grailday show recent pack openings. They show the Card, its grade and how long ago it was opened, and never your name or handle.
26. Other companies' services and links
26.1 Companies we rely on. Grailday relies on other companies: our payment processor, our sign-in provider, card sources, vault partners, carriers, and the services that send our emails and texts. They have their own terms. We choose them with care, but we do not control them. Sections 31 and 34 apply to what they do.
26.2 The sign-in step. The sign-in provider's terms apply to the sign-in step. See Section 7.2.
26.3 Links. Pages that we link to are not ours. We do not control them. You use them at your own risk.
27. Messages from us
27.1 What we send. We send messages about your Account and your orders. They include sign-in codes, receipts, security notices, shipping updates, reminders such as a offer window closing, and replies to your messages. We send them by email to the address on your Account, and sign-in codes by text to your phone when you chose that way to sign in. They are part of the Service. You cannot opt out of them while you have an Account.
27.2 Marketing. We may send you news and offers. You can opt out at any time. We will not send marketing texts unless you agree to get them.
27.3 Text messages. Your phone carrier may charge you for the texts we send. Your phone number is shared with the shipping carrier when you ship a Card, because the carrier needs one.
27.4 If a message does not reach you. We are not responsible for a message that does not reach you because of a spam filter, a full inbox, an old address or a changed number. A notice sent to the address on your Account counts as received.
28. Our records
28.1 Our records are the record. We keep a record of every pack you buy and the Card it gave you, and of every payment, Grailday offer, listing, Market purchase and shipment on your Account. We also keep a record of what you agreed to and when. If your records and ours differ, ours control, unless you show that ours are wrong. If we find an error in them, we correct it (Section 19).
28.2 The ledger. The ledger of money moving in and out of your store credit only gets new entries. Entries are never edited or deleted.
28.3 Use of the records. We may use these records in a dispute with a bank, in court or in arbitration.
29. What Grailday is not
29.1 Your purchase. Every pack is the purchase of one real card, shown to you when the pack opens.
29.2 Not an investment. Cards are collectibles. Nothing on Grailday is an investment, a security, a commodity or a financial product, and nothing here is investment, financial, legal or tax advice. Values and activity score are not promises. Talk to your own advisor before you rely on any of it.
29.3 Not a bank. We are not a bank, a broker, an exchange or a money transmitter. What you hold with us is store credit (Section 16).
29.4 Not a grader. We do not grade cards. We are not affiliated with any grading company, game publisher, league or athlete (Sections 12.9 and 12.12).
30. No warranties
30.1 As is. Grailday is offered "as is" and "as available." To the fullest extent the law allows, we make no warranty of any kind, whether stated or implied. That includes any warranty of merchantability, fitness for a purpose, non-infringement, accuracy and quiet enjoyment, and any warranty that comes from the way we have dealt with you.
30.2 What we do not promise. We do not promise that Grailday will be uninterrupted, secure or free of errors. We do not promise that stock-allocation details, values, pictures, grades, descriptions, counts or prices on Grailday are accurate, complete or current. We do not promise that a pack will give a Card of any value, that a Card will keep or gain value or be easy to sell, or that any card source, vault partner, carrier or other company will do what it should.
30.3 What we do promise. We stand behind what these Terms say we do: that Cards are real, that the prices shown are the ones that apply, that a Locked price holds as Section 13 says, and that we follow the refund rules. Nothing in this section cuts those promises, or any right that the law does not let us cut.
30.4 Your local law. If the law where you live does not allow some of these disclaimers, they apply as far as that law allows.
31. Limits on what we owe you
31.1 No indirect losses. To the fullest extent the law allows, Grailday and its owners, officers, employees, agents, card sources, service providers and licensors (together, the "Grailday parties") will not pay for losses that are consequential, incidental, indirect, special, exemplary or punitive. They will also not pay for lost profit, revenue, savings or opportunity, or for loss of goodwill or data. That holds for any claim related to Grailday, even if we were told the loss was possible. It includes any loss because a Card's value went down.
31.2 The cap. To the fullest extent the law allows, the total liability of the Grailday parties for all claims related to Grailday or these Terms will not be more than the greater of $100 or the total you paid us in the 12 months before the event that gave rise to the claim.
31.3 What the limits do not cover. Sections 31.1 and 31.2 do not limit:
- (a) liability for our fraud, gross negligence or willful misconduct;
- (b) death or bodily injury that our negligence causes; or
- (c) anything else the law does not let us limit.
31.4 Every kind of claim. The limits apply whatever the legal theory: contract, negligence or other tort, strict liability, statute or anything else.
31.5 A fair trade. These limits are part of the deal between us. The prices and fees on Grailday reflect them.
31.6 Time limit for claims. A claim related to Grailday must be filed within one year after it arose. After that, it is barred for good. This does not apply where the law gives you longer and does not let us shorten it.
31.7 Your local law. If the law where you live does not allow some of these limits, they apply as far as that law allows.
32. Your promise to cover us
32.1 What you cover. You agree to defend the Grailday parties against, and to pay, any claim, loss, liability, damage, cost and reasonable attorneys' fee that comes from:
- (a) your breach of these Terms or the law;
- (b) your misuse of Grailday;
- (c) your dealings with other collectors, buyers or sellers;
- (d) false information you gave us, or a payment method you were not entitled to use;
- (e) a bank dispute you filed in bad faith; or
- (f) your breach of someone else's rights.
32.2 How it works. We will tell you about the claim, and you will cooperate. We may take over the defense at our own cost. You may not settle a claim in a way that binds us without our written OK.
32.3 Your local law. This section applies as far as the law allows.
33. Release of claims
33.1 Disputes with others. If you and another collector, buyer or seller disagree, or you have a problem with a company that is not Grailday, such as a carrier or a bank, you release the Grailday parties from all claims, demands and damages, known and unknown, that come out of that disagreement or problem. This release does not cover a claim that comes from our own breach of these Terms.
33.2 Unknown claims. You also give up any law that says a general release does not cover claims the person giving the release does not know or suspect to exist when they give it. You give it up as far as the law allows.
34. Events outside our control
We are not responsible when we fail or run late because of something we cannot reasonably control. That includes outages of the internet and cloud services, power, our payment processor, our sign-in provider, a card source, a vault partner or a carrier; cyber attacks; war, terrorism and riots; natural disasters and epidemics; government action and changes in the law; strikes; shortages of cards or stock; and loss or theft in transit that we did not cause. Our duty is paused while the event lasts, and we will try to resume as soon as we can. If we cannot deliver something you paid for because of such an event, we give back what you paid for what was not delivered.
35. Changing or ending parts of Grailday
35.1 We may change Grailday. We may change, pause, limit or stop any part of Grailday whenever we choose, with or without notice. That includes packs, categories, card sources, prices, Grailday offer (the shares, the windows, or Grailday offer altogether), the Market and collector listings, shipping and where we ship, the payment methods we take, activity score, offers and rankings. Where we can, we will give notice.
35.2 What does not change. Cards in your Vault stay yours. A pack you already paid for, an accepted offer you already made and a shipment you already confirmed are not undone. Section 13.8 explains what happens to Grailday offer.
35.3 If we end Grailday. If we end the whole Service, we will give notice, a way to ship your Cards home, and a way to get back the card money you have not spent.
35.4 No liability for changes. We are not liable to you for a change under this section, except as these Terms say.
36. Governing law and where cases are heard
36.1 Governing law. The laws of the State of Wyoming and the federal laws of the United States govern these Terms and every Dispute (Section 37.1 defines the word), without regard to conflict-of-law rules. The Federal Arbitration Act governs Section 37. Section 38.5 keeps the rights that your local law gives you.
36.2 Courts. A Dispute that is not arbitrated (see Section 37.4, or after an opt-out under Section 37.10) goes to the state or federal courts located in Sheridan County, Wyoming. If you live in the United States, you may instead bring it in the court for the county where you live. You and we agree to the personal jurisdiction of those courts and give up any objection to their venue.
36.3 Jury waiver. Where the law allows, each of us waives the right to have a jury decide a court case about Grailday.
36.4 Using Grailday from other countries. Grailday is run from the United States. If you use it from another country, you are responsible for following the law there. Section 38.5 keeps the rights that your local law gives you.
37. Resolving disputes: talk first, then arbitration
Read this section with care. It changes your legal rights. It requires you and Grailday to settle disputes through individual arbitration instead of court. It waives class actions and jury trials. You can opt out within 30 days (Section 37.10).
37.1 What this covers. A "Dispute" is any claim or disagreement between you and any of the Grailday parties that relates to Grailday, these Terms, a pack, a Card, a Market purchase or listing, a payment, a shipment, our advertising, or any other part of your use of Grailday. It covers claims in contract, tort, statute or any other theory. It also covers claims that arose before you agreed to these Terms.
37.2 Talk to us first. Before either of us starts arbitration or sues, we both agree to try to settle the Dispute informally for 30 days. To start, send a written notice. You can send it through the contact form (choose "Something else" and begin your message with "Dispute notice") or by mail to our address in Section 1.1. Say your name, the email address or phone number you use to sign in, what happened, and what you want. We will send you our notice by email or by mail. During this period we will talk in good faith, and either of us may ask for a call. Neither of us may file before the period ends. The deadline in Section 37.11 stops running during the period. What is said in these talks cannot be used later as evidence.
37.3 Individual arbitration. If we do not settle within that period, either of us may start arbitration. We both agree to settle every Dispute by binding arbitration instead of in court, except for what Section 37.4 leaves out. An arbitrator decides, not a judge or a jury. A court can review an award only in limited ways. The arbitrator can give the same individual relief a court could, and must follow these Terms and the law. The arbitration is run by the American Arbitration Association under its Consumer Arbitration Rules in effect when the arbitration is filed. The rules are on its website.
37.4 What is not covered. These stay in court:
- (a) Small claims. Either of us may use small-claims court for a claim of our own, if it fits that court's limits. If you live in the United States, you may use the small-claims court for the county where you live.
- (b) Our rights in Grailday. A claim to stop misuse of our intellectual property or confidential information, or a breach of Section 23 that threatens harm.
- (c) Public injunctive relief. A claim for it, but only to the extent a court finds that the law does not let you give it up in arbitration. That claim waits in court until all other claims are arbitrated.
- (d) Anything the law says cannot be arbitrated.
37.5 No class actions. You and we may each bring a claim against the other only as an individual, not as part of a group. Neither of us may bring, or take part in, a class, collective, consolidated, representative or private-attorney-general action. The arbitrator may not join the claims of more than one person or run such an action. The arbitrator may give relief only to the person bringing the claim, and only as far as that claim needs.
37.6 How the arbitration runs. One arbitrator hears it. Hearings are by video, by phone or on the documents. If you ask for an in-person hearing, it is held in the county where you live or, if you do not live in the United States, by video. You pay no more than the fee a court would charge you to file the claim. Grailday pays the rest of the provider's filing, administrative and arbitrator fees for a claim within its consumer rules. We do not ask for our own lawyers' fees unless the arbitrator finds you brought the claim in bad faith. Each of us pays its own lawyers, unless the law or the provider's rules give a right to fees. The arbitrator may award fees only as a court could.
37.7 Many claims at once. If 25 or more similar Disputes are filed by or with the same lawyer or group within 30 days, they are handled in batches of 10, picked by the provider. The other cases wait. All time limits stop for the waiting cases meanwhile. The provider's rules and fee schedule for many similar claims apply. A court decides any dispute about this process.
37.8 Who decides what. The arbitrator decides whether a Dispute is covered by this section and whether this section is valid. A court decides whether Section 37.5 is valid and enforceable, and any dispute about Section 37.7.
37.9 If the class waiver fails. If a court finds that Section 37.5 cannot be enforced for a claim or a kind of relief, that claim or relief, and only that, goes to court. It waits there until the individual arbitrations of the other claims are done. The rest of this section stays in force.
37.10 Opting out. You can opt out of arbitration and the class waiver. To do so, send a written notice within 30 days after you first agree to these Terms. If you already had an Account when these Terms were posted, the 30 days run from the date this version starts to apply to you (Section 5.5). Give your name, the email address or phone number you use to sign in, your mailing address, and a plain statement that you opt out of arbitration. Send it through the contact form (choose "Something else" and begin your message with "Arbitration opt-out") or by mail to our address in Section 1.1. If the contact form does not accept your message, send it by mail. Your opt-out takes effect when you send it. Opting out affects only you, and it changes nothing else in these Terms. If you opt out, your Disputes go to court under Section 36.
37.11 Time limit. The time limit in Section 31.6 applies to every Dispute, whether in arbitration or in court. Time stops running during the informal period in Section 37.2.
37.12 Changes to this section. If we change this section while you have an Account, the change applies only to Disputes that arise after we post it on the site. It does not apply to a Dispute already started. You may reject a change to this section by sending a written notice within 30 days after we post it. If you do, the earlier version of this section applies to you.
37.13 If part of this section is invalid. If any part of this section, other than Section 37.5, is found invalid or unenforceable, that part is cut out and the rest stays in force. If the agreement to arbitrate cannot be enforced for a Dispute as a whole, that Dispute goes to court under Section 36.
37.14 After you leave. This section stays in force after your Account closes. It also covers Disputes about closing your Account.
38. Notices, legal requests and your local rights
38.1 Notices to you. Section 2.6 explains how we give you notice.
38.2 Notices to us. Send legal notices to us in writing, through the contact form (choose "Something else") or by mail to our address in Section 1.1. A notice sent by mail counts when we receive it.
38.3 Legal requests. We may keep, use and share information about you and your Account, and we may freeze, hold or hand over Cards and money, when the law, a subpoena, a court order or a government request requires it. We may also do so when we believe in good faith that it is needed to protect people, to prevent fraud, to enforce these Terms, or to follow the rules of our payment processor or card sources. Where the law allows, we will tell you. The Privacy Policy explains how we handle personal information, and the Cookie Policy explains cookies and similar storage.
38.4 Following the law. You will follow the laws that apply to your use of Grailday, including the laws on owning, shipping and importing cards. We may limit a feature when the law requires it. We do not block any place.
38.5 Your local rights. If the law where you live gives you rights that a contract cannot take away, nothing in these Terms takes them away. Where that law requires it, parts of these Terms apply only as far as it allows. For example, where the law gives a right to cancel a digital purchase, you agree that when you press Pay you ask us to deliver at once, and that you lose that right once your pack opens, as far as the law allows. If you live in the European Economic Area, the United Kingdom or Switzerland, the mandatory consumer laws of where you live still protect you, and you may also take a complaint to your local consumer authority.
38.6 Notices that depend on where you live. If the law where you live requires us to give you a specific consumer notice, ask us through the contact form and we will send it to you. Our name and mailing address are in Section 1.1.
38.7 Accessibility. If you have trouble using Grailday because of a disability, tell us through the contact form. The Accessibility page has more.
39. General terms
39.1 If part is invalid. If a court finds that part of these Terms is invalid, the rest stays in force, and the invalid part is changed as little as needed to make it valid.
39.2 No waiver. If we do not enforce a right once, we have not given it up. We give up a right only by a signed written statement.
39.3 Assignment. You may not hand over these Terms or your Account to anyone else. We may assign or transfer them, including in a merger, a sale of the business or a sale of assets. If we do, your Cards and your store credit go with Grailday, and the new owner must keep our promises in these Terms about them.
39.4 What stays in force. Sections 12, 13.4, 13.5, 16, 18, 19, 20, 23, 24, 25 and 28 to 40, and any other part that by its nature should survive, stay in force after your Account closes or these Terms end.
39.5 Our relationship. Nothing in these Terms makes us partners, joint venturers, agent and principal, or employer and employee. There are no third-party beneficiaries of these Terms, except that the Grailday parties may rely on Sections 30 to 34 and 37.
39.6 How to read these Terms. Headings are for convenience. "Including" means "including without limit." "May" gives a right, not a duty. No term is read against us because we wrote it. The English version controls over any translation.
39.7 The whole agreement. Section 3.4 says that these Terms are the whole agreement.
40. Contact us
40.1 Questions, complaints and notices. Use the contact form. It has these topics: Account and sign-in; Payments and refunds; Shipping; Packs and cards; Privacy request; Something else.
40.2 Our mailing address. Grailday, 30 N Gould St #54815, Sheridan, WY 82801, USA.
40.3 What to expect. We reply by email. If you are not happy with a reply, say so in the same conversation and ask for a second look. We will look again.