Terms of Service

Welcome to Gradient!

We are thrilled to help you unlock the value of your collection. Our platform uses cutting-edge artificial intelligence to analyze your trading cards, provides secure storage solutions, and streamlines the process of selling your items on major third-party marketplaces (collectively the “Services”). By using our Services, you agree to these Terms and our Privacy Policy. The Services are provided by Olympic Collectible AI Solutions, Inc. and/or its subsidiaries and affiliates (referred to in this document as “Gradient,” “we,” “our,” or “us”). 

1. Eligibility & Compliance

• Capacity: You must be at least 18 years old and capable of forming a binding agreement.
• Sanctions: You represent that you are not located in a territory subject to a U.S. Government embargo and are not otherwise prohibited from using the Services under the laws of the United States or any other applicable jurisdiction.
• Lawful Use: You agree to use the Services only for lawful purposes and will not use the Services to modify, decompile, reverse engineer, disassemble, or reproduce any part of our technology and/or the Services.

2. Mandatory Arbitration & Class Action Waiver

PLEASE READ THIS CAREFULLY. Any dispute between you and Gradient will be resolved through binding, individual arbitration under the American Arbitration Association (AAA) Consumer Arbitration Rules. You waive your right to a jury trial or to participate in any class action or representative proceeding.

3. AI Analysis, Condition Reporting & Disputes

• AI Estimates: Our Services utilize AI to provide valuations and condition analysis. You acknowledge that AI technology is imperfect and is not a formal grading certificate. Gradient makes no representations regarding the outcome of any future formal grading or valuation. AI estimates are not a guarantee of sale price.
• The Digital Fingerprint: Upon receipt, our AI generates a high-resolution “Digital Fingerprint” of your card. This serves as the definitive record of the card’s condition while in our possession. It is a proprietary internal record for identification and condition tracking.
• Disputes: Any disagreement regarding the Digital Fingerprint must be submitted within 72 hours of the report appearing in your dashboard. Our determination, absent evidence of gross negligence, is final.

4. Shipping & Risk of Loss

• Inbound Shipping: The Risk of Loss remains with you until your cards are physically delivered to Gradient. We recommend tracked and insured shipping. Our shipping address is 1901 Oakesdale Ave SW, Renton, WA 98057.
• Outbound Shipping: Risk of Loss passes to you (or your buyer) the moment Gradient delivers the package to a common carrier (e.g., USPS, FedEx, UPS).

5. The Gradient Vault: Storage & Liability

• Bailment: Gradient acts as a bailee for your cards, providing secure storage.
• Liability Cap: Gradient’s total liability for any card lost, stolen, or damaged while in our care is capped at the current market value (as determined by Gradient AI).
• Insurance: We maintain facility-wide insurance for major casualty events.

6. Consignment & Third-Party Marketplaces

• Integration: We facilitate listings or allow you to connect to third-party platforms like eBay. You are bound by those platforms’ respective terms and fees. Gradient does not warrant, and is not responsible for, such third-party services and products or claims made about them, or the actions or inactions of any third-party. Gradient may be compensated by those third-parties, which could impact whether, how, and where the third-party services and products are displayed.
• Consignment: When using Gradient’s consignment services, you authorize us to act as your agent in creating and managing listings. We reserve the right to reject any card for consignment in our sole discretion if the card does not meet our quality or authenticity standards. 
• Sales Liability: Gradient is not responsible for disputes, non-payment, or platform-specific errors on third-party sites.

7. Payments & Auto-Renewal

• Billing: You authorize Gradient to charge your payment method on file for all subscriptions and fees.
• Auto-Renewal: Subscriptions automatically renew at the end of each billing cycle. You must cancel via your dashboard before the renewal date to avoid future charges.
• Cancellations: You can cancel your subscription at any time. Subscription cancellations will take effect the day after the last day of the current subscription period. If you cancel in the middle of a subscription period, you will be able to continue to access and use the Services until the end of your subscription period. We do not provide refunds or credits for any cancellations or partial subscription period, except where required by law.
• Shipping and Other fees: Shipping and other fees may apply and are billed separately from your subscription fees.

8. Abandoned Property

If fees remain unpaid for 90 days, we will take the following steps:

• Notice: We will send three (3) email reminders to your email address on file.
• Recoupment Sale: If we do not hear from you after a reasonable time following the three (3) emails, you authorize Gradient to sell your cards.
• Settlement: We will use the sale proceeds to pay off your outstanding balance plus any actually incurred costs (e.g., listing / shipping). Any money left over above and beyond your outstanding balance and after we have recouped our costs will be credited to your account or handled according to state law.

9. Intellectual Property & Feedback

• Ownership: Gradient retains all rights to the Services and all components thereof now existing or in the future, including but not limited to, its AI models, software, and branding. You agree to keep our proprietary business information confidential.
• Feedback License: If you provide suggestions or feedback to us, you grant Gradient a perpetual, worldwide, fully transferable, sub-licensable, irrevocable, fully paid-up, and royalty-free license to use and incorporate that feedback at our discretion.

10. Disclaimers & Change to the Services

• Disclaimer: We don’t make any warranties about the Services except as expressly stated in these Terms. The only warranties we make about the Services are (1) stated in these Terms, or (2) as provided under applicable laws. The Services are otherwise provided “as-is,” and we do not make any other warranties about the Services. Unless required by law, we do not provide implied warranties, such as the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not warrant that the Services are error-free, secure, or free from any viruses or other harmful components. We also do not provide any warranties with respect to data loss or to the accuracy, reliability, or availability of the Services. If the exclusions for implied warranties do not apply to you, any implied warranties are limited to sixty (60) days from the date of purchase or delivery of the Services, whichever is sooner.
• Limitation of Liability: To the fullest extent permitted by law, we will not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenue, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (i) your use or inability to use the Services; (ii) any unauthorized access to or use of our servers or the Services; (iii) any interruption or cessation of transmission to or from the Services; or (iv) any bugs, viruses, or other harmful components. Our total aggregate liability arising out of or relating to these Terms and / or your use of the Services is limited to the amount paid to us in the preceding 12 months, except as expressly modified by Section 5 of these Terms. The above limitations apply even if we have been advised of the possibility of such damages. These Terms set forth your exclusive remedy with respect to the Services, except as expressly modified by Section 5 of these Terms. 
• Indemnification: You agree to indemnify, defend us, and hold us harmless against all costs, claims, and liability that we may incur in connection with your use of the Services including, but not limited to, your failure to abide by these Terms.
• Modifications: Gradient may modify or discontinue services at its discretion. We will provide notice to you of any material changes.