Terms of Service
Last Updated: August 1, 2026
Draft notice. This document is modeled on the structure of a comparable phygital collectibles platform’s Terms of Service, adapted to Ripchest’s product (pool-backed pack openings, prepaid USD balance, user vault, instant sell-back, and physical shipping). It is not legal advice. Have counsel review before publishing.
1. Introduction & Acceptance of Terms
Welcome to Ripchest. The following Terms of Service (these "Terms") constitute a legally binding agreement between you (referred to herein as "you," "your," or "User") and the operator of the Ripchest service ("Ripchest," "we," "us," or "our"), governing your access to and use of our website and all related services (collectively, the "Service").
By accessing or using the Service, creating an account, adding funds to your balance, opening any pack, requesting shipment of a physical card, selling a card back to the house, or otherwise engaging with any feature of the Service, you expressly acknowledge that you have read, understood, and agree to be bound by these Terms, together with our Privacy Policy and any supplemental terms referenced herein (collectively, the "Agreement"). All incorporated documents are part of this Agreement as if set forth herein. In the event of a conflict between incorporated documents, these Terms of Service control unless a supplemental policy expressly states otherwise for its subject matter. If you do not agree to these Terms, you must immediately cease all use of the Service.
Ripchest reserves the right to modify these Terms at any time. For material changes — including changes to fees, sell-back rates, refund policies, or other economically significant terms — we will use reasonable efforts to provide advance notice via email and/or through the Service before such changes take effect, except where immediate changes are necessary to protect the platform, its users, or to comply with legal or regulatory requirements. Material changes apply prospectively only and do not affect transactions completed before the effective date. For non-material changes (such as corrections, clarifications, or formatting updates), we will update the "Last Updated" date at the top of these Terms. Your continued use of the Service following the effective date of any revised Terms constitutes your acceptance of such changes. We encourage you to review these Terms periodically.
Electronic Communications Consent: By creating an account or using the Service, you consent to receive electronic communications from Ripchest (including emails and in-app messages) in lieu of paper communications. You agree that all agreements, notices, disclosures, and other communications we provide electronically satisfy any legal requirement that such communications be in writing.
2. Eligibility
To access and use the Service, you must:
- Be at least eighteen (18) years of age, or the age of majority in your jurisdiction, whichever is greater;
- Have the legal capacity to enter into a binding agreement;
- Not be a resident of, or located in, any jurisdiction where the use of the Service or the purchase of randomized digital pack contents corresponding to physical collectibles is prohibited by applicable law;
- Not be subject to any economic sanctions administered or enforced by the United States, the European Union, the United Kingdom, or any other applicable jurisdiction;
- Not have been previously suspended or removed from the Service by Ripchest.
By using the Service, you represent and warrant that you meet all of the foregoing eligibility requirements. If you are using the Service on behalf of an entity, you represent and warrant that you have the authority to bind such entity to these Terms and that the entity meets the eligibility requirements set forth herein.
At signup, you must self-attest that you are at least eighteen (18) years of age. We reserve the right to request identity verification (KYC) at any time through our identity verification provider (currently Stripe Identity) or other means we deem appropriate. KYC is required before your first shipment request, before withdrawing or receiving payouts where applicable, and when your cumulative lifetime spend on the Service reaches a configured threshold (currently five hundred US dollars ($500)), whichever comes first. Failure to complete requested verification may result in suspension or termination of your account and restriction of access to certain features of the Service, including shipping and further spending.
2.1 Restricted Jurisdictions & Regulatory Characterization
Ripchest believes that its pack openings are purchases of digital goods with randomized contents corresponding to real physical trading cards held in inventory, analogous to purchasing sealed physical trading card products. While Ripchest does not intend for its services to constitute gambling and does not market them as such, regulatory definitions vary by jurisdiction and continue to evolve. Ripchest makes no guarantee regarding the classification of its services in any jurisdiction, and you should not rely on Ripchest's characterization when determining the legality of your use of the Service.
You are solely responsible for determining whether your use of any feature of the Service — including pack openings — complies with all laws and regulations applicable in your jurisdiction. If you are unsure about the legality of using any feature in your jurisdiction, we strongly recommend consulting a qualified legal professional before proceeding.
The Service is offered globally subject to eligibility and shipping restrictions. Physical shipping is available to approximately one hundred fifty (150) supported countries and territories as disclosed at checkout; destinations subject to applicable sanctions, carrier restrictions, or operational constraints are excluded. Ripchest reserves the right to implement, expand, or modify geographic restrictions at any time as regulatory landscapes evolve, including restricting access to specific features in certain jurisdictions, implementing IP-based geolocation or account-level restrictions, or blocking access to the platform entirely in jurisdictions where compliance is not feasible. You must not use a virtual private network (VPN), proxy service, or any other means to circumvent any geographic restrictions that may be implemented. Any attempt to bypass geographic access controls constitutes a material violation of these Terms and may result in immediate account suspension, freezing of account access pending investigation, requirement to complete KYC verification to restore access, and reporting to applicable regulatory authorities.
By using the Service, you represent and warrant that your use of the platform and its features is lawful in your jurisdiction. You assume all risk and liability arising from your use of the Service in any jurisdiction.
2.2 Risk Acknowledgment
By accessing or using the Service, you acknowledge and agree that:
- Pack openings involve randomized outcomes drawn from finite pools of physical card inventory, and the market value of items received may be significantly less than the amount paid;
- Collectible card markets are volatile and the value of cards purchased, pulled, or sold back on the Service may fluctuate significantly, including to zero;
- Instant sell-back rates are set by Ripchest and may result in proceeds lower than the pack purchase price or the card's displayed market value;
- You are not relying on Ripchest for investment, financial, legal, or tax advice;
- You accept responsibility for your decisions to add funds, open packs, ship cards, sell cards back, or otherwise interact with digital and physical assets on the Service;
- Soft spend warnings (for example, a daily spend warning) are informational tools and do not constitute advice or a guarantee that your spending is appropriate for you.
Not a Security or Investment: Cards and balances on the Ripchest platform represent collectible goods and prepaid platform balance for personal collection and entertainment purposes. They are not securities, investment contracts, or financial instruments. Your prepaid balance and pulled cards do not represent equity, debt, revenue share, governance rights, or any form of investment contract in the Service or its operator. You should not purchase packs or add funds with the expectation of profit derived from the efforts of Ripchest or any third party.
3. Account Registration
To access certain features of the Service, you must create an account. You may register using an email address and password or by authenticating with a supported third-party identity provider (currently Google). You must verify your email address before spending your balance.
You are solely responsible for:
- Maintaining the security and confidentiality of your account credentials;
- All activities that occur under your account, whether or not authorized by you;
- Promptly notifying Ripchest of any unauthorized access to or use of your account through the support channels available in the Service.
Ripchest will not be liable for any loss or damage arising from your failure to safeguard your account credentials. You agree not to create more than one account, share your account with any third party, or transfer your account to any other person without our prior written consent.
Certain features, including shipping physical cards and accessing higher spend thresholds, require completed identity verification as described in Section 2.
4. Description of the Service
Ripchest operates a phygital collectibles platform that connects digital pack openings to real physical trading cards held in inventory. The Service enables users to purchase prepaid USD platform balance, open digital packs whose outcomes correspond to specific physical card instances, hold pulled cards in a personal vault, sell cards back to the house at a disclosed rate, or request shipment of physical cards. The first supported game is the One Piece Card Game; additional trading card games may be added over time as game modules.
The core features of the Service include, but are not limited to:
- Wallet: Users purchase prepaid USD platform balance in fixed bundles via our payment processor. Packs and applicable fees are paid from balance;
- Pack Purchases: Users purchase digital packs at various price points. Each opening selects one (or a configured number of) physical card instance(s) from a published, finite pool according to the pack's odds table;
- User Vault: Pulled cards are reserved to the user and displayed in the user's vault until shipped or sold back;
- Instant Sell-Back: Users may sell vaulted cards back to the house for a configured percentage of the card's then-current market value, credited to your USD balance; sold-back instances return to house stock;
- Shipping (Digital Reservation to Physical Delivery): Redemption of vaulted cards for physical shipment from inventory, subject to address validation, shipping fees, KYC, and fulfillment workflows;
- Published Odds & Pool Composition: Public disclosure of pull odds and live pool composition per pack type;
- Provable Fairness: A commit–reveal scheme allowing users to independently verify that pull results were not manipulated after commitment;
- Leaderboards, Profiles & Live Feed: Social and gamification features displaying notable pulls, rankings, and public profiles (subject to user privacy settings);
- Spend Limits: Soft daily spend warnings and admin-configurable limits intended as player-protection tools.
The Service is provided on an "as available" basis. We reserve the right to modify, suspend, or discontinue any feature or aspect of the Service at any time, with or without notice. We shall not be liable to you or any third party for any such modification, suspension, or discontinuance.
5. Packs, Pools & Pull Outcomes
Ripchest offers digital packs for purchase at various price points as displayed on the platform. Each pack opening draws from a finite pool of physical card instances currently in stock. A pull atomically selects an instance from the pool (weighted by the pack's odds table), marks it reserved to the user, and decrements available stock. A specific card instance can never be pulled twice.
You acknowledge and agree that:
- Pack contents are randomized within the constraints of the published pool and odds table. The specific cards you receive are not predetermined or guaranteed to you personally, other than as disclosed through pity or promotional mechanics that remain subject to available stock;
- The market value of cards received may be more or less than the purchase price of the pack;
- Past results, including cards received by other users, do not guarantee or predict future results;
- Purchasing packs involves an inherent element of chance regarding the specific items received;
- Pool composition changes as cards are pulled; live published composition and odds transparency do not guarantee any particular outcome for your next pull.
Regulatory Characterization: Pack purchases are purchases of digital goods with randomized contents corresponding to real physical inventory, analogous to the purchase of sealed physical trading card products (e.g., booster packs). Pull outcomes are determined server-side using a cryptographically secure random number generator and a disclosed commit–reveal fairness process. While Ripchest does not intend for pack openings to constitute gambling and does not market them as such, regulatory definitions vary by jurisdiction.
Odds Disclosure: Information about pack odds, rarity tiers, pity mechanics (where applicable), and live pool composition is available on our public odds pages. Odds and pool composition may change as inventory is pulled, restocked, or as pack types are reconfigured. Changes apply to future openings and do not retroactively alter completed pulls. Packs may be paused or unpublished when remaining pool expected value falls outside our configured economic band.
5.1 Provable Fairness
Ripchest employs a provable fairness (commit–reveal) system for randomized pack openings. Prior to a pull (or on a disclosed schedule), a hash of a server seed is published or otherwise committed; after the pull, the seed is revealed so that users may independently verify the integrity of the result. Details of the mechanism are available on our fairness documentation within the Service. Circumventing or attempting to circumvent the fairness system is prohibited.
5.2 Instant Sell-Back
Following a pack opening (or at any time while a card remains in your vault), Ripchest may offer an instant sell-back option at the applicable sell-back rate displayed at the time of the offer (currently eighty-five percent (85%) of the card's then-current market value, subject to change). Sell-back proceeds are credited to your USD balance.
You acknowledge that: (a) sell-back is offered at Ripchest's discretion and rates, eligibility criteria, and availability may be suspended, modified, or discontinued at any time; (b) Ripchest does not guarantee that any card will have a sell-back offer equal to or exceeding the pack purchase price; (c) sell-back is a separate, voluntary transaction and is not a refund of the pack purchase; (d) displayed market values are informational estimates maintained by Ripchest (manually or via pricing feeds) and may differ from prices available elsewhere; and (e) the existence of a sell-back option should not be relied upon as an assurance of value or return on any pack purchase.
5.3 Pity, Promotions & Player Protections
Certain pack types may include pity systems (for example, a guaranteed rarity tier within a configured number of pulls), first-purchase bonus odds, or other promotional mechanics. These mechanics are honored only while eligible stock remains in the pool, are included in our expected-value calculations, and may be modified or discontinued prospectively. Soft spend warnings and configurable limits are tools to help you manage spending; they do not create any duty of care beyond what applicable law requires and do not make Ripchest responsible for your purchasing decisions.
5.4 Assumption of Risk
By purchasing any digital pack or engaging with any feature of the Service that involves randomized outcomes, you voluntarily assume all risks associated with such activity. Specifically, you acknowledge and agree that:
- You have independently evaluated the risks of purchasing packs, including the risk that the value of items received (or sell-back proceeds) may be significantly less than the amount paid;
- You are not relying on any statement, representation, or guarantee by Ripchest regarding the expected value, probability of high-value outcomes, or potential return on any pack purchase, except for the odds and pool disclosures we publish;
- Your decision to purchase packs is made voluntarily, with full awareness that outcomes are randomized within published pool constraints, and that past results do not predict future outcomes;
- You accept full financial responsibility for any losses incurred through pack purchases, sell-back transactions, shipping, or any other use of the Service.
6. Physical Inventory, Vault & Shipping
Physical trading cards underlying pulls on the Ripchest platform are held in inventory controlled by Ripchest (or fulfillment partners acting on our behalf). Each pull reserves a specific card instance to you. Title and risk allocation for physical cards are as follows:
- Upon a completed pull, the corresponding card instance is reserved to your account and held in your user vault pending your election to ship or sell back;
- Until a shipment is delivered (or such earlier point as applicable law requires), physical custody remains with Ripchest or its fulfillment partners;
- Upon completed sell-back, your interest in that card instance ends and the instance returns to house stock for potential re-pooling;
- Cards may be tracked by internal SKU, storage location, condition grade (e.g., NM/LP/MP/HP), and audit logs of state transitions.
While Ripchest takes commercially reasonable steps to ensure the safekeeping of physical inventory, you acknowledge and agree that:
- Ripchest is not an insurer of stored goods beyond commercially reasonable care and any insurance it elects to maintain;
- Physical card availability, condition assessments, and fulfillment timelines are subject to operational constraints;
- Ripchest shall not be liable for delays, losses, or damages caused by the acts or omissions of shipping carriers, except to the extent caused by Ripchest's gross negligence or willful misconduct;
- In the event of loss or damage to a reserved physical card caused directly by Ripchest's gross negligence or willful misconduct, Ripchest's liability shall be limited to the fair market value of the asset at the time of the loss as determined by available market data on the platform (or, at our option, replacement with a reasonably equivalent card instance).
6.1 Shipping
Users may request shipment of vaulted cards to a valid shipping address in a supported country or territory. The list of supported destinations is disclosed at checkout and may change as carriers, sanctions regimes, or operational capacity change. You must provide a complete and valid shipping address, email address, and phone number as requested. Shipping addresses are subject to validation, and Ripchest reserves the right to reject requests with invalid, incomplete, or unsupported shipping information. Identity verification may be required before shipment.
A shipping fee applies as disclosed at checkout. Fees are zone-based by destination (for example, domestic United States, Canada and Mexico, standard international, and extended international), and are always charged (there is no free-shipping waiver). Fee schedules are estimates based on typical light collectible mailer costs (carrier postage, packaging, pick-and-pack labor, and an international customs/documentation buffer) and may be updated prospectively. Upon submission of a shipment request, Ripchest will process fulfillment through statuses such as requested, picking, packed, shipped (with tracking when available), and delivered. Delivery timelines are estimates only and are subject to carrier availability. You are responsible for any applicable taxes, duties, customs fees, or other governmental charges imposed by your local jurisdiction; Ripchest does not act as the importer of record unless required by applicable law or expressly stated at checkout.
6.2 Condition & Authenticity
Cards are cataloged with a condition grade and are intended to be authentic trading cards matching the listed identity. If you believe a shipped card is materially misdescribed or counterfeit, contact support through the Service within fourteen (14) days of delivery with photographic evidence. Remedies, if any, will be determined case by case and may include replacement, balance credit, or another remedy we deem appropriate. Normal wear consistent with the stated condition grade is not a defect.
7. Payments, Balance & Fees
All pricing and payment terms for products and services on the platform are as indicated at the point of sale. Ripchest processes payments through third-party payment processors (currently Stripe). Available payment methods are those offered by our processor at checkout (typically credit and debit cards and other methods Stripe supports).
Platform balance is prepaid USD, displayed and spent in dollars. Balance may be purchased in fixed bundles as displayed in the wallet. Packs, shipping fees, and other platform charges are paid from your balance unless we expressly offer another method.
Third-Party Payment Providers: Payment processing is handled by third-party providers that may have their own terms of service, privacy policies, and KYC/AML requirements. Ripchest is not responsible for delays, failures, or disputes arising from third-party payment processing. Payment card details are processed and stored by our PCI-compliant payment processors and are not stored directly by Ripchest.
You are solely responsible for all applicable taxes, duties, and governmental assessments arising from your use of the Service. Ripchest does not provide tax advice and recommends that you consult a qualified tax professional regarding your obligations.
Refunds:
- Unspent prepaid balance purchased with real currency is refundable via support, subject to verification, fraud checks, and processor rules;
- Pack openings are final and non-refundable once the pull result has been revealed. Once cards are revealed, the transaction cannot be reversed except where required by applicable law or in cases of documented platform error;
- Sell-back credits are balance credits for a voluntary secondary transaction and are not a refund of the original pack purchase;
- Nothing in this section limits your statutory rights under applicable consumer protection law, including any mandatory right of withdrawal where performance of digital content has not yet begun. By confirming a pack purchase and proceeding to reveal, you consent to immediate performance and acknowledge that you lose any applicable withdrawal right once the pack is opened/revealed.
Chargebacks: If you file a chargeback or payment dispute with your bank or credit card company without first attempting resolution through our support/refund process, your account may be suspended and assets (including vaulted cards and balance) frozen pending investigation.
Acknowledgment at Purchase: By clicking "Buy," "Purchase," "Open," "Sell back," "Ship," or any similar confirmation button at the point of transaction, you reaffirm your agreement to these Terms, including the no-refund policy for revealed packs, assumption of risk, and all applicable disclaimers. Each transaction constitutes a separate, binding agreement to these Terms as applied to that specific transaction.
8. Intellectual Property
The Service, including its design, software, text, images, graphics, logos, and all other content and materials (collectively, "Platform Content"), is owned by or licensed to the operator of the Service and is protected by copyright, trademark, and other intellectual property laws. You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Service for personal, non-commercial purposes in accordance with these Terms.
You may not:
- Copy, modify, distribute, sell, or lease any part of the Service or Platform Content;
- Reverse-engineer, decompile, or disassemble any software used in the Service;
- Use any automated means (including bots, scrapers, or spiders) to access or interact with the Service without our prior written consent;
- Remove, alter, or obscure any copyright, trademark, or other proprietary notices.
Third-Party Intellectual Property: The trading cards available on the platform feature intellectual property owned by their respective rights holders, including but not limited to Bandai / the One Piece Card Game rights holders and other publishers whose games we may support. Ripchest is not affiliated with, endorsed by, or sponsored by any card publisher unless expressly stated. Your pull or purchase grants you rights in the specific physical card instance reserved or shipped to you; it does not grant you any license or rights in the underlying intellectual property of the card's imagery, brand, or content beyond ordinary ownership of that physical card as a collectible good.
9. Prohibited Conduct
You agree not to engage in any of the following prohibited activities in connection with your use of the Service:
- Violating any applicable law, regulation, or ordinance, including but not limited to anti-money laundering laws, sanctions regulations, and gambling laws;
- Fraud, misrepresentation, or deception in any transaction or communication;
- Creating multiple accounts, whether directly or through third parties, to circumvent platform rules, promotions, pity mechanics, spend limits, or restrictions;
- Attempting to exploit, hack, or interfere with the Service, its infrastructure, RNG, inventory accounting, or security systems;
- Circumventing or attempting to circumvent the provable fairness system, pool accounting, or any other integrity mechanism;
- Using bots, scripts, or automated tools to interact with the Service without Ripchest's prior written consent;
- Interfering with other users' ability to use and enjoy the Service;
- Using the Service to transmit any malware, viruses, or other harmful code;
- Collecting, harvesting, or storing personal information of other users without their explicit consent;
- Harassing, threatening, or abusing other users via any communication channel associated with the Service;
- Using a VPN, proxy, Tor, or any other tool or technique to mask your geographic location or circumvent geographic access restrictions;
- Abusing chargebacks, sell-back, shipping, or refund processes in bad faith;
- Engaging in any activity that Ripchest determines, in its reasonable discretion, to be harmful to the Service, its users, or its reputation.
Ripchest reserves the right to investigate and take appropriate action against any user who violates these Terms, including suspending or terminating the offending user's account, restricting access to the Service, voiding abusive transactions where legally permitted, and reporting the violation to law enforcement authorities.
Sanctions Compliance: You represent and warrant that you are not on any trade or economic sanctions lists, including but not limited to OFAC’s Specially Designated Nationals and Blocked Persons List and comparable UK/EU/UN lists. Ripchest reserves the right to immediately screen, block, and freeze the accounts and assets of any user found to be in violation of applicable sanctions laws.
10. Disclaimers & Limitation of Liability
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. WE EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY OR REPRESENTATION THAT:
- THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE;
- THE RESULTS OBTAINED FROM USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE;
- ANY CARDS OBTAINED THROUGH THE SERVICE WILL RETAIN THEIR VALUE OR INCREASE IN VALUE;
- DISPLAYED MARKET VALUES, EXPECTED VALUES, OR ODDS VISUALIZATIONS WILL MATCH THIRD-PARTY MARKET PRICES OR YOUR PERSONAL OUTCOMES;
- PHYSICAL CARDS IN INVENTORY OR IN TRANSIT WILL BE FREE FROM LOSS, DAMAGE, OR DETERIORATION BEYOND COMMERCIALLY REASONABLE CARE.
RANDOMIZED REWARDS DISCLOSURE: Pack openings and related features involve randomized outcomes within published pools. You acknowledge that the value of items received through randomized mechanisms may be significantly less than the amount paid. Ripchest does not guarantee any minimum value of cards received through pack purchases, except where a specific pity or promotional mechanic expressly applies and eligible stock exists.
NO FIDUCIARY DUTY: Ripchest's role is limited to providing a platform that facilitates the purchase of packs, reservation and storage of corresponding physical cards, sell-back, and shipping. We do not owe you any fiduciary duty. You acknowledge that we act as a service provider, not as a trustee, fiduciary, financial advisor, or investment manager.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE, OR OUR AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, OR LICENSORS, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SERVICE, REGARDLESS OF THE THEORY OF LIABILITY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU HAVE PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM OR (B) ONE HUNDRED US DOLLARS ($100).
Nothing in this section excludes or limits liability for gross negligence, willful misconduct, or fraud by us to the extent such liability cannot be waived or limited under applicable law. Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities. In such jurisdictions, the above limitations shall apply to the fullest extent permitted by applicable law. Nothing in these Terms affects your statutory rights as a consumer under applicable law.
10.1 General Release
To the fullest extent permitted by applicable law, you hereby release, acquit, and forever discharge us and our affiliates, directors, officers, employees, agents, partners, licensors, and service providers (collectively, the "Released Parties") from any and all claims, demands, damages, losses, costs, liabilities, and causes of action of every kind and nature, whether known or unknown, suspected or unsuspected, arising out of or in any way connected with your use of the Service, including but not limited to:
- Any losses resulting from pack openings, sell-back transactions, shipping, or any other feature of the Service;
- Any losses resulting from fluctuations in the value of digital representations or physical cards;
- Any disputes with other users of the Service;
- Any losses resulting from payment processor failures, inventory discrepancies not caused by our gross negligence, or third-party service disruptions.
You acknowledge that you may hereafter discover claims presently unknown or unsuspected. Nevertheless, you intend by this release to fully and finally release all such matters related to your use of the Service, to the fullest extent permitted by law.
11. Indemnification
You agree to indemnify, defend, and hold harmless us and our affiliates, directors, officers, employees, agents, partners, licensors, and service providers from and against any and all claims, demands, actions, damages, losses, costs, liabilities, and expenses (including reasonable attorneys' fees) arising out of or in connection with:
- Your access to or use of the Service;
- Your violation of these Terms or any applicable law or regulation;
- Your violation of any rights of a third party, including intellectual property, privacy, or publicity rights;
- Any content you submit, post, or transmit through the Service;
- Any dispute between you and any other user of the Service.
We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of such claims. You shall not settle any claim without our prior written consent. Your indemnification obligations do not apply to the extent that a claim arises from our own gross negligence, willful misconduct, or fraud.
12. Termination
These Terms remain in effect for as long as you use the Service. Ripchest may, in its sole discretion, suspend or terminate your account and access to the Service at any time, with or without cause, and with or without notice. Grounds for termination include, but are not limited to:
- Violation of these Terms or any other agreement with Ripchest;
- Conduct that Ripchest believes is harmful to other users, the Service, or Ripchest's interests;
- A request or order from law enforcement or another governmental authority;
- Unexpected technical or security issues;
- Extended periods of inactivity.
Upon termination, your right to use the Service ceases immediately. Ripchest may, in its discretion, provide a post-termination access period as follows:
- Vaulted physical cards: For terminations without cause, Ripchest will provide a reasonable period (typically up to thirty (30) days) to initiate shipment requests for vaulted cards, subject to standard shipping fees, KYC, and address requirements. For terminations due to violation of these Terms, fraud, or prohibited conduct, the period may be shorter or access may be restricted pending investigation. After the applicable window, unclaimed cards may be subject to storage fees, deemed abandoned, sold back to house stock at the then-current sell-back rate and remitted as balance credit/refund where legally required, or otherwise handled as permitted by law;
- USD balance: Any remaining eligible unspent balance may be available for refund or withdrawal during the post-termination period, subject to KYC, fraud review, chargeback holds, and legal constraints;
- Restricted/sanctioned users: For users terminated due to sanctions violations or regulatory requirements, assets may be frozen indefinitely until legally permitted to be released.
Ripchest has no obligation to maintain non-essential account data following the expiration of any post-termination access period. The following sections shall survive termination: Intellectual Property, Disclaimers & Limitation of Liability, Indemnification, and General Provisions.
13. General Provisions
Entire Agreement: These Terms, together with the Privacy Policy and any supplemental terms or policies referenced herein, constitute the entire agreement between you and us with respect to the Service and supersede all prior or contemporaneous communications, agreements, and understandings.
Severability: If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid or unenforceable provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable while preserving its original intent.
Waiver: The failure of Ripchest to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver must be in writing.
Assignment: You may not assign or transfer these Terms, or any rights or obligations hereunder, without our prior written consent. We may assign these Terms, in whole or in part, without restriction. These Terms shall be binding upon and inure to the benefit of the parties and their respective successors and permitted assigns.
Force Majeure: Ripchest shall not be liable for any failure or delay in performing its obligations under these Terms due to causes beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, civil unrest, labor disputes, pandemics, governmental actions, internet outages, payment processor outages, or third-party service disruptions.
Data Breach Notification: In the event of a security breach that results in unauthorized access to your personal data, Ripchest will notify affected users as required by applicable law.
Abandoned Property: If your account remains inactive for a period specified by applicable unclaimed property or escheatment laws, and Ripchest is unable to contact you using the information on file, any remaining balance or unclaimed assets may be reported and remitted to the applicable authority as required by law.
Notices: Notices to you may be provided via email to the address associated with your account, through the Service, or by any other method reasonably calculated to provide notice. You may contact us through the support channels available in the Service.
Headings: Section headings are included for convenience only and shall not affect the interpretation or construction of these Terms.
No Third-Party Beneficiaries: These Terms do not create any third-party beneficiary rights in any person or entity, except as expressly provided herein.
Limitation Period: To the fullest extent permitted by applicable law, any claim or cause of action arising out of or relating to these Terms or the Service must be commenced within one (1) year after the date on which the cause of action accrued. Any claim not brought within this period is permanently barred.
International Users: If you are located outside the United States, you may have statutory rights under the consumer protection laws of your jurisdiction that cannot be waived or limited by contract. Nothing in these Terms is intended to exclude or limit any such mandatory rights. Access from jurisdictions where the Service or pack openings are unlawful remains prohibited. Shipping is limited to supported destinations disclosed at checkout; unsupported destinations cannot receive physical cards through the Service.
Service Continuity: If the Service is discontinued, we will use commercially reasonable efforts to give users a reasonable window to request shipment of vaulted physical cards or otherwise recover value as then permitted by the Service and applicable law, subject to operational and legal constraints.