Terms of Service — Nerd 401k

These Terms of Service (the “Terms”) form a binding agreement between you and Osof Studios (“we,” “us,” “our”) and govern your use of the Nerd 401k mobile application and the website at nerd401k.com (together, the “Service”). By creating an account or using the Service you agree to these Terms and to our Privacy Policy.

1. License to use the app

We grant you a limited, non-exclusive, non-transferable, revocable license to install and use the Nerd 401k mobile app on Apple-branded devices that you own or control, for your personal, non-commercial use, subject to these Terms and the Apple Media Services Terms and Conditions. We retain all rights, title, and interest in the Service that are not expressly granted here.

2. Account eligibility and security

You must be at least 13 years old to create an account. If you are between 13 and the age of legal majority in your jurisdiction, you represent that a parent or legal guardian has reviewed and accepted these Terms on your behalf.
You are responsible for keeping your sign-in credentials secure and for any activity that occurs under your account.
Notify us at support@osof.studio promptly if you suspect unauthorized access.

3. Acceptable use

You agree not to:

Reverse engineer, decompile, or attempt to derive the source code of the Service, except to the extent that such restriction is prohibited by law.
Use the Service to upload images you do not have the right to use, or to transmit unlawful, infringing, or harmful content.
Probe, scan, or interfere with the Service’s security or rate limits, or use any automation or scraper to access the Service without written permission.
Use the Service to make commercial determinations on behalf of others (for example, professional appraisal services) — Nerd 401k is provided for personal collection management only.

4. Card data and prices

Card prices, set lists, and related metadata shown in the Service are aggregated from public market sources and refreshed periodically. The data is provided for informational purposes only and may be incomplete, delayed, or inaccurate. The Service is not a financial advisor, broker, or appraiser. Do not rely on Nerd 401k as the sole basis for any purchase, sale, trade, insurance, tax, or investment decision. Trademarks and card artwork displayed in the Service are the property of their respective owners; we do not claim ownership of them.

5. Card scan feature

When you scan a card, the image is sent over HTTPS to our scan service and forwarded to a third-party vision model for one-time identification. We do not retain the image. Identification is best-effort and may be wrong; you are responsible for confirming any card before adding it to your collection. Do not submit images containing personal documents, faces, or other private content.

6. Your content

You retain all rights to the data you put into the Service (your holdings, notes, display name, and so on). You grant us a non-exclusive, worldwide, royalty-free license to host, store, process, and display that data solely for the purpose of operating the Service for you. You can delete your account and all associated content at any time from Settings → Delete account.

7. In-app purchases and subscriptions

The current version of the Service does not offer paid features. If we add in-app purchases or subscriptions in the future, those features will be processed by Apple under Apple’s standard terms; price, billing period, auto-renewal, and free trial conditions (if any) will be displayed before purchase. Nothing in these Terms limits your statutory consumer rights.

8. Termination

You may stop using the Service and delete your account at any time. We may suspend or terminate your access if you violate these Terms, if required by law, or if continued operation would be unreasonable for security, abuse, or commercial reasons. On termination, sections 1, 4, 9, 10, 11, 12, and 13 survive.

9. Disclaimer of warranties

The service is provided “as is” and “as available,” without warranty of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, non-infringement, or accuracy. We do not warrant that the service will be uninterrupted, error-free, or secure, or that prices, matches, or other data will be accurate or complete.

10. Limitation of liability

To the fullest extent permitted by law, in no event will Osof Studios, its affiliates, officers, employees, or service providers be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or any loss of profits, revenue, data, goodwill, or other intangible losses, arising out of or related to your use of the service. Our total cumulative liability for any claim related to the service will not exceed the greater of (a) US$50 or (b) the amount you have paid us in the 12 months immediately preceding the event giving rise to the claim.

11. Indemnification

You agree to defend, indemnify, and hold harmless Osof Studios and its affiliates from and against any claims, damages, costs, and expenses (including reasonable attorney fees) arising out of (a) your use of the Service in violation of these Terms, (b) your content, or (c) your violation of any law or third-party right.

12. Apple-required terms

The following terms are required by Apple Inc. as a condition of distributing the app through the App Store and apply only to the iOS version:

These Terms are concluded between you and Osof Studios only, and not with Apple. Apple is not responsible for the app or its content.
The license granted to you in Section 1 is limited to a non-transferable license to use the app on any Apple-branded products that you own or control as permitted by the Usage Rules in the Apple Media Services Terms and Conditions.
Apple has no obligation to provide maintenance or support for the app.
If the app fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the app to you. To the maximum extent permitted by law, Apple has no other warranty obligation with respect to the app, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be Osof Studios’s sole responsibility.
Osof Studios, not Apple, is solely responsible for addressing any claims by you or any third party relating to the app or your possession or use of it, including product liability claims, claims that the app does not conform to legal or regulatory requirements, and claims arising under consumer protection or similar law.
Osof Studios, not Apple, is responsible for the investigation, defense, settlement, and discharge of any third-party intellectual property infringement claim relating to the app.
You represent that you are not located in a country subject to a U.S. Government embargo or designated by the U.S. Government as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.
Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you as a user.

13. Governing law and disputes

These Terms are governed by the laws of the State of Florida and applicable U.S. federal law, without regard to conflict-of-law rules. Any dispute that cannot be resolved informally will be brought exclusively in the state or federal courts located in Florida, and you and Osof Studios consent to personal jurisdiction and venue there. Nothing in this section limits your right to bring an individual small-claims action in your home jurisdiction where permitted.

14. Changes to these Terms

We may update these Terms as the Service evolves. Material changes will be announced in the app or by email at least seven days before they take effect. Your continued use of the Service after the effective date constitutes acceptance of the updated Terms.

15. Contact

Questions about these Terms can be sent to support@osof.studio.