Terms of Service
Effective date: July 8, 2026
Important. Please read. Section 16 contains a binding arbitration agreement and a class-action waiver. Except for small-claims matters and certain claims for public injunctive relief, you and DataNeverLies LLC agree to resolve disputes through individual, binding arbitration rather than in court, and each waive the right to a jury trial and to bring or join a class, collective, or representative action. You may opt out of arbitration within 30 days of first accepting these Terms (Section 16.10).
1. Agreement to these terms
These Terms of Service ("Terms") are a binding agreement between you and DataNeverLies LLC ("DataNeverLies," "we," "us") governing your use of the DataNeverLies website, applications, and services (together, the "Service"). By creating an account or using the Service you accept these Terms and our Privacy Policy. If you do not agree, do not use the Service. DataNeverLies LLC assumed operation of the Service upon its formation in July 2026; before then the Service was operated by its founder as a sole proprietorship.
2. Eligibility
You must be at least 18 years old (or the age of majority where you live) and able to form a binding contract to use the Service. The Service is not directed to children under 13, and we do not knowingly collect their data.
3. Your account
You are responsible for the accuracy of your registration information, for keeping your credentials confidential, and for all activity under your account. Notify us at support@dataneverlies.app immediately if you suspect unauthorized use. We may suspend or terminate accounts that violate these Terms.
4. Subscriptions, free trial, and billing
DataNeverLies offers a free plan, which requires no payment method, and paid memberships. Where a 7-day free trial is offered at signup, starting it requires a valid payment method; where no trial is offered, billing starts on the day you subscribe. Unless you cancel before the trial ends, your subscription starts automatically and your payment method is charged the plan price you selected: Collector $14.99/mo · Pro $29.99/mo · Pro $199.99/yr (prices in USD, plus any applicable taxes). Founding members are charged the discounted founding price shown at checkout, which stays locked for the life of that subscription.
Subscriptions renew automatically at the end of each billing period at the then-current price until canceled. You can cancel anytime in Settings → Billing (or via the Stripe billing portal linked there); cancellation takes effect at the end of the current period and you keep access until then. Payments are processed by Stripe; we never store full card numbers.
Refunds: where offered, the free trial exists so you can evaluate the Service before paying; cancel before it ends and you are never charged. The free plan lets you evaluate the Service without paying at all. Charges already made are non-refundable except where required by law. If a renewal payment fails we may retry it and suspend paid features until payment succeeds.
5. Market data: informational only
Prices, indexes, trends, portfolio valuations, and buy signals shown in the Service are informational estimates derived from tracked and modeled sales data. They are not appraisals, offers to buy or sell, investment advice, or financial advice, and we are not a broker, dealer, or investment adviser. Collectibles are volatile and illiquid; past performance does not predict future results. You are solely responsible for your buying and selling decisions.
6. AI features
Card identification, condition (pre-grade) estimates, buy signals, and the chat assistant are produced by automated AI systems and carry inherent error. A pre-grade estimate is not a grading opinion and does not guarantee any result from PSA, BGS, CGC, SGC, or any other grading company. Verify AI output before relying on it for any transaction.
7. Your content
You retain ownership of the photos you upload and the content you submit. You grant us a limited license to host and process that content solely to operate the Service (for example, sending a card photo to our AI provider to identify it). You represent that you have the rights to anything you upload.
8. Acceptable use
You agree not to: scrape, harvest, or bulk-export Service data or resell or redistribute it without a written commercial agreement; share account access or circumvent access controls, rate limits, or paywalls; reverse engineer the Service; upload unlawful or infringing content; interfere with the Service's operation; or use the Service to violate any law or third-party right. We may throttle, suspend, or terminate accounts engaged in these activities.
9. Intellectual property
The Service, including its software, design, databases, and compilations of market data, is owned by DataNeverLies LLC or its licensors and protected by intellectual-property laws. Card names, set names, and grading-company names appear for identification only; their trademarks belong to their respective owners, and DataNeverLies is not affiliated with or endorsed by any card manufacturer or grading company.
10. Copyright complaints (DMCA)
If you believe content on the Service infringes your copyright, send a notice with the details required by 17 U.S.C. § 512(c)(3) to support@dataneverlies.app(subject "DMCA"). We respond to valid notices, including removing material and terminating repeat infringers where appropriate.
11. Disclaimers
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ACCURACY OF DATA. We do not warrant that the Service will be uninterrupted, error-free, or that prices reflect what any card will actually sell for.
12. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, DATANEVERLIES LLC WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS OR LOST DATA, ARISING FROM YOUR USE OF THE SERVICE, INCLUDING DECISIONS TO BUY, SELL, HOLD, OR GRADE ANY CARD. OUR TOTAL LIABILITY FOR ANY CLAIM IS LIMITED TO THE AMOUNT YOU PAID US IN THE 12 MONTHS BEFORE THE CLAIM AROSE. Some jurisdictions do not allow certain limitations, so parts of this section may not apply to you.
13. Termination
You may stop using the Service and delete your account at any time. We may suspend or terminate your access for violation of these Terms, suspected fraud or abuse, or legal requirement. Sections that by their nature should survive (including 5, 6, 9, 11, 12, 15, and 16) survive termination.
14. Changes to the Service or these Terms
We may modify the Service or these Terms. For material changes we will give notice (email or in-product) at least 14 days before they take effect; continued use after the effective date constitutes acceptance. If you do not agree to a change, cancel before it takes effect.
15. Governing law and venue
These Terms, and any dispute between you and DataNeverLies LLC, are governed by the laws of the State of Ohio, USA, without regard to its conflict-of-law rules. The one exception is the arbitration agreement in Section 16, which is governed by the Federal Arbitration Act (9 U.S.C. § 1 et seq.) and federal arbitration law. For any claim that is not subject to arbitration (or if the arbitration agreement is found not to apply), you and DataNeverLies LLC agree to the exclusive jurisdiction of, and venue in, the state and federal courts located in Ohio, subject to the small-claims exception in Section 16.11.
16. Dispute resolution and binding arbitration
16.1 Overview (plain English). Most concerns can be resolved quickly by emailing support@dataneverlies.app. This Section explains how a dispute that isn't resolved informally will be handled: you and DataNeverLies LLC agree to resolve it through neutral, binding arbitration before a single arbitrator instead of in court before a judge or jury, with only limited review. Arbitration is less formal than a lawsuit, and the arbitrator can award the same individual remedies a court could. This arbitration agreement is governed by the Federal Arbitration Act.
16.2 Informal resolution first. Before starting arbitration or (where permitted) a court case, the complaining party must send a written Notice of Dispute and allow 60 days to resolve it. You send yours to support@dataneverlies.app (subject "Notice of Dispute"); we send ours to the email on your account. The notice must describe the dispute and the relief sought. If it isn't resolved within 60 days, either party may begin arbitration. This step is a precondition to filing, and any limitations period is paused while it runs.
16.3 Agreement to arbitrate. Except for the claims carved out in Sections 16.11 and 16.12, you and DataNeverLies LLC agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service, whether based in contract, tort, statute, or any other theory, and whether it arose before or during this agreement, will be resolved by final and binding individual arbitration.
16.4 Delegation. The arbitrator, and not any court, has exclusive authority to resolve threshold questions about whether this arbitration agreement applies, including its formation, scope, interpretation, and enforceability. The one exception is the class-action waiver in Section 16.8. As stated there, a court (not the arbitrator) decides whether that waiver is enforceable.
16.5 Arbitration forum and rules. The arbitration will be administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules (as amended effective May 1, 2025) and, where applicable, its Mass Arbitration Supplementary Rules, as modified by this Section. If the AAA is unavailable or declines to administer, the parties will use JAMS under its Consumer Minimum Standards, or a court will appoint an administrator. The current AAA rules and fee schedules are at adr.org.
16.6 Arbitration costs. DataNeverLies LLC willpay all arbitration filing, administrative, and arbitrator fees that exceed the nominal fee you would have paid to file the same claim in court, as provided by the applicable AAA or JAMS consumer fee schedule. Each party otherwise bears its own attorneys' fees and costs, except where a statute or the arbitrator provides otherwise (including for a claim the arbitrator finds frivolous).
16.7 How arbitration works. A single neutral arbitrator decides the dispute. Claims that can be decided on documents will be, unless a hearing is requested; any in-person hearing will be held in the county where you live, or by video or phone at your election. The arbitrator must issue a written decision explaining the award, which may be entered as a judgment in any court of competent jurisdiction.
16.8 Class-action waiver. You and DataNeverLies LLC agreethat each may bring claims against the other only in an individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding. The arbitrator may not consolidate more than one person's claims or preside over any class or representative proceeding, except as expressly provided in Section 16.9. Whether this waiver is enforceable is for a court, not the arbitrator, to decide; if a court finds it unenforceable as to a particular claim, that claim (and only that claim) proceeds in court, and the rest of this Section still applies.
16.9 Coordinated or mass filings. If 25 or more Notices of Dispute or arbitration demands raising similar claims are submitted by the same or coordinated counsel, the demands will be administered under the AAA Mass Arbitration Supplementary Rules, including appointment of a process arbitrator and staged filing fees. The parties will cooperate in good faith on reasonable batching and, if they agree, bellwether procedures; any batching process must include a mechanism to promptly resolve a claimant's claim if administration is unreasonably delayed. Counsel for each claimant must certify that the claimant is an actual account holder and that the claim has a good-faith basis. Nothing here changes the individual nature of each claim.
16.10 Your right to opt out. You can decline this arbitration agreement (Sections 16.3–16.9) by emailing support@dataneverlies.app withthe subject "Arbitration Opt-Out" within 30 days after you first accept these Terms, stating your name and the email on your account. Opting out affects only arbitration; the rest of these Terms, including the jury-trial waiver and the choice of Ohio courts, still applies, and it will not affect your account or service. This is a one-time right; you need not opt out again for later versions of these Terms.
16.11 Small-claims exception. Either party may instead bring an individual claim in a small-claims court with jurisdiction, so long as the matter stays in that court and proceeds on an individual basis.
16.12 Public injunctive relief. To the extent applicable law (for example, California law under McGill v. Citibank) provides that a claim for public injunctive relief may not be waived or compelled to arbitration, that specific claim may be brought in court; it will be stayed while any arbitrable claims are arbitrated, and the rest of this Section still applies.
16.13 Jury-trial waiver. For any dispute that, for any reason, proceeds in court rather than arbitration, you and DataNeverLies LLC each knowingly and voluntarily waive any right to a trial by jury.
16.14 Severability. If any part of this Section is found unenforceable, that part is severed and the remainder stays in effect. If, however, the class-action waiver in Section 16.8 is found unenforceable as to a claim, that claim proceeds in court as stated in Section 16.8. The unenforceability of any part does not void the entire arbitration agreement.
16.15 Survival. This Section survives termination of your account and these Terms.
17. Contact
Questions about these Terms: support@dataneverlies.app.