Terms of service
1. Scope, contracting parties
1.1 These terms govern the use of the web application and programming interface TCGaze at tcgaze.com (“service”) by consumers (§ 13 BGB) and businesses (§ 14 BGB) (“users”). Deviating terms of the user do not apply unless we expressly agree to them in writing.
1.2 The service is primarily aimed at commercial sellers and shop operators. Where individual provisions apply only to consumers or only to businesses, this is indicated.
2. Description of the service
2.1 TCGaze is a search and productivity tool: the user enters a product name, card name, set code or card number; the service queries publicly accessible third-party databases and catalogues (“sources”, overview under Sources) in parallel, displays the product images found with a source reference and - depending on the plan - enables downloading as PNG, batch download as ZIP, preparation as listing images, and automated matching via CSV import and API.
2.2 The service does not permanently store third-party images. Preview images are loaded from the source; on download or conversion, the file is processed transiently in memory and delivered immediately. Responses from sources (metadata, no image data) may be cached briefly to speed up the service.
2.3 The sources are operated by third parties. We guarantee neither the completeness, currency or accuracy of the results nor the permanent availability, reachability or unchanged addressing of individual sources or image files. We may add, change or remove sources, in particular at the request of a rights holder or source operator, in case of technical changes or legal concerns. There is no entitlement to a specific source.
2.4 The free plan (“Free”) allows searching, previewing and a limited number of downloads. The paid plans (“Pro”, “Business”) extend quotas and features; the current scope of features and quotas is set out on the Pricing page at the time of subscription. Quotas (e.g. searches and downloads per day, API requests per month) are fair-use limits; they protect the sources and the stability of the service.
2.5 We owe an availability of the service of 98% on a monthly average, measured at the hand-over point of our server; excluded are announced maintenance windows, outages of third-party sources and disruptions outside our control (network operators, force majeure, attacks). We continuously develop the service and may change features as long as the core benefit (searching for and providing product images) is preserved for the user and the change is reasonable for them; § 327r BGB remains unaffected for consumers.
3. Registration and account
3.1 An account is required for downloads and paid features. The user must provide truthful information, keep their credentials secret and inform us immediately of any suspected misuse. An account is personal; passing on credentials or API keys to third parties outside the user’s own company is not permitted.
3.2 Registration is permitted only to persons with full legal capacity. Registration creates a free-of-charge usage contract for the Free plan, which either party may end at any time without notice (user: delete the account in the account area).
4. Paid plans, prices, payment
4.1 The contract for a paid plan is concluded when the user selects a plan in the account area, consents to the immediate start of the service and completes the checkout with our payment provider Stripe. We confirm the conclusion of the contract by e-mail.
4.2 The prices in euros displayed at the time of subscription apply. No VAT is charged or shown in accordance with § 19 UStG (German small business regulation). Payment is made in advance for the selected billing period (monthly or yearly) via the payment methods offered by Stripe. Invoices are provided electronically.
4.3 If a payment fails, we inform the user; we may restrict paid features to the Free plan until payment is received. Further statutory rights remain unaffected.
4.4 Plan changes are possible at any time. On an upgrade, the amount already paid is credited pro rata; a downgrade takes effect at the end of the current billing period.
4.5 Price changes apply only to new billing periods and are communicated to the user by e-mail at least four weeks before they take effect. The user may cancel before the change takes effect; in case of a price increase we explicitly point out this right of cancellation.
5. Term and cancellation
5.1 Paid plans run for the selected billing period (one month or one year) and renew for the same period unless cancelled beforehand. For a yearly term, the contract is extended indefinitely after the first year and can then be cancelled monthly (§ 309 no. 9 BGB).
5.2 Cancellation is possible at any time for the end of the current billing period - with one click in the account area (“Subscription & invoices”), via the button “Cancel contracts here” (no login required) or by e-mail to kontakt@mandavotech.com. All features remain available until the end of the paid period; afterwards the account is automatically transferred to the Free plan. Credentials, API keys and import jobs are retained to the extent they can be used on the Free plan.
5.3 The right to extraordinary cancellation for cause remains unaffected. For us, cause exists in particular if the user violates section 6 despite a warning, or if payments remain outstanding despite a reminder.
6. User obligations, permitted use
6.1 Image rights. The images findable via the service are protected by copyright; the rights belong to the manufacturers (including The Pokémon Company / Nintendo / Creatures / GAME FREAK, Wizards of the Coast, Konami, Bandai) or the source operators. The service grants the user no rights of use in these images. The user alone is responsible for checking, before any use - in particular in online shops, on marketplaces or in advertising - whether and to what extent the use is permitted under the terms of the rights holder or source and under applicable law. We name the source for every result to enable this check. Before the first download, batch export, listing image or API image fetch, the user must expressly confirm this responsibility in the account; we store the date, time and version of that confirmation.
6.2 Fair use. The user may use the service only within the quotas of their plan and only via the intended interfaces. In particular, the following are prohibited: circumventing quotas or technical protection measures, creating multiple accounts to circumvent limits, automated retrieval of the web interface (scraping), reselling or making the service available to third parties as their own offering, and actions that place an unreasonable load on the sources.
6.3 API and bulk import. API keys may be used only in the user’s own systems and must be kept secret. Uploaded CSV files may contain product data only; personal data of third parties must be removed before upload. The user ensures that they are entitled to process the uploaded data.
6.4 In case of violations we may - after weighing the circumstances and, where reasonable, after a prior warning - restrict features, reduce quotas, block API keys, or suspend or terminate the account. Fees already paid are not refunded in case of a justified suspension due to a violation for which the user is responsible, to the extent permitted by law.
6.5 The user indemnifies us against third-party claims based on an unlawful use of images for which the user is responsible or on other violations of this section 6, including reasonable costs of legal defence. This does not apply to the extent the user is not responsible for the violation.
7. Right of withdrawal for consumers
Consumers have a statutory right of withdrawal when subscribing to a paid plan. Details, the model withdrawal form and the online withdrawal function can be found in the withdrawal policy. If the consumer requests the immediate start of the service, they owe compensation for the service provided up to the withdrawal in case of withdrawal; upon full performance the right of withdrawal expires (§ 356 (4) BGB).
8. Warranty and liability
8.1 For consumers, the statutory warranty rights for digital products (§§ 327 et seq. BGB) apply.
8.2 We are liable without limitation for intent and gross negligence, for injury to life, body or health, under the German Product Liability Act and to the extent of a guarantee we have assumed. For slightly negligent breaches of essential contractual obligations (obligations whose fulfilment makes the proper performance of the contract possible in the first place and on whose compliance the user may regularly rely), liability is limited to the foreseeable damage typical for the contract. Otherwise, liability is excluded.
8.3 We are not liable for the content, availability or accuracy of third-party sources, nor for the consequences of the user’s use of images (section 6.1). Towards businesses, we are liable for the free-of-charge Free plan only for intent and gross negligence.
8.4 The limitation period for claims by businesses against us is one year, unless a case of section 8.2 sentence 1 applies.
9. Data protection
Information on the processing of personal data is contained in our privacy policy. Where businesses upload personal data as part of the bulk import even though this is not permitted under section 6.3, the user remains the controller; on request we conclude a data processing agreement.
10. Changes to these terms
We may change these terms with effect for the future where this is necessary for valid reasons (in particular changes in the law or case law, technical development, changes at sources or payment providers) and the user is not unreasonably disadvantaged. We communicate changes by e-mail at least four weeks before they take effect. If the user does not object before the changes take effect, the changed terms are deemed accepted; we point out this consequence and the right to object in the notification. In case of an objection, either party may terminate the contract as of the effective date of the change. Changes to the scope of features or prices are governed by sections 2.5 and 4.5.
11. Final provisions
11.1 The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. Towards consumers, this choice of law applies only to the extent that it does not deprive them of the protection of mandatory provisions of the law of the state in which they have their habitual residence.
11.2 If the user is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction is the provider’s registered office.
11.3 We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
11.4 Should individual provisions be invalid, the validity of the remaining provisions remains unaffected.