Terms of Service

1. Service description

PokeGem is a community Discord server for Pokémon TCG collectors, with a free Lobby tier and a paid Member tier ($7.99 USD per month; new members pay a discounted introductory rate of $3.99 USD for their first month). Members receive enhanced access including drop alerts and locked premium rooms. Features and benefits may change as we improve the Service; we will communicate material changes in the server.

2. Eligibility

You must be at least 18 years old to use the Service. By using it, you confirm that you are 18 or older and able to enter into a binding agreement.

3. Your account and conduct

You access the Service through your own Discord account and are responsible for activity under it. You agree to follow Discord's terms and our community guidelines, including but not limited to: no harassment, hate speech, or threats; no spam; no scams or fraud; no doxxing or sharing of others' private information; no off-topic adult content; and no automated scraping, reselling, or redistribution of locked content, alerts, or member intel outside the Service. Violations may result in a warning, role removal, server kick, or permanent ban without refund.

4. Subscriptions, billing, and cancellation

• The Member tier is billed monthly through our payment processor, Stripe, at $7.99 USD per month, and renews automatically until cancelled. New members pay a promotional rate of $3.99 USD for their first billing cycle, after which the standard $7.99 USD monthly rate applies.
• You can cancel anytime. Cancellation stops future billing; your Member access continues through the end of the current paid period.
• Refunds: except where a refund is required by applicable consumer-protection law, payments are non-refundable and we do not refund partial or unused periods. Cancelling prevents the next charge.
• We may change pricing with at least 30 days' notice, posted in the server and sent to your billing email. Existing subscriptions are honoured at the prior price through one additional billing cycle.
• You are responsible for any taxes that apply to your purchase.

5. Drop alerts: no guarantee

PokeGem provides best-effort restock and drop alerts based on third-party retailer monitoring. We make no guarantee about alert latency, accuracy, completeness, retailer availability, stock levels, pricing, or that you will successfully purchase any product. We are not responsible for retailer cancellations, failed or limited checkouts, payment declines, shipping delays, allocation limits, or pricing errors. Alerts are informational only; you use them at your own discretion and must follow each retailer's terms.

6. Member transactions and premium rooms

Premium rooms may share leads, offers, and market intel. PokeGem is an information service only: we do not buy, sell, broker, escrow, authenticate, or guarantee any product, deal, or transaction. Any purchase, sale, or trade you enter into, whether with another member, a retailer, or a third party, is solely between you and that party and at your own risk. We are not a party to those transactions and are not responsible for them.

7. Intellectual property

All site content, branding, original copy, software, and Discord-server material are owned by El Grizzly Blanco Inc. or its licensors. Pokémon, Pokémon Center, and related names and logos are trademarks of Nintendo, Game Freak, Creatures Inc., and The Pokémon Company International. PokeGem is independent and is not affiliated with, endorsed by, or sponsored by any of those entities or by any retailer we monitor.

8. Third-party services

The Service relies on third parties including Discord, Stripe, and the retailers we monitor. Your use of those services is governed by their own terms and privacy policies, and we are not responsible for their acts, omissions, availability, or content.

9. Disclaimers and limitation of liability

Except for warranties that cannot be excluded under applicable law (including certain consumer-protection statutes in British Columbia and other places where you live), the Service is provided "as is" and "as available" without warranties of any kind, whether express or implied, including merchantability, fitness for a particular purpose, and non-infringement. To the fullest extent permitted by law, El Grizzly Blanco Inc. and its operators are not liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including lost profits, missed product opportunities, or lost data. To the fullest extent permitted by law, our total liability for any claim relating to the Service will not exceed the greater of (a) the amount you paid us in the 12 months before the claim, or (b) CAD $100. Nothing in these Terms limits liability that cannot be limited under applicable law, including certain rights you may have under consumer-protection law.

10. Indemnification

You agree to indemnify and hold harmless El Grizzly Blanco Inc. and its operators from any claims, losses, or expenses (including reasonable legal fees) arising out of your misuse of the Service, your violation of these Terms, or your infringement of any third party's rights.

11. Termination

We may suspend or terminate your access at any time for violation of these Terms or to protect the community or the Service. Where reasonable we will give notice. Termination does not entitle you to a refund of any unused subscription time. You may stop using the Service at any time by cancelling and leaving the server.

12. Dispute resolution and governing law

These Terms are governed by the laws of the Province of British Columbia and the federal laws of Canada applicable there, without regard to conflict-of-laws rules. Before starting any formal proceeding, you agree to first contact us at legal@pokegemhq.com and try in good faith to resolve the dispute informally for at least 30 days. If it is not resolved, you agree to the exclusive jurisdiction of the courts located in British Columbia, Canada. To the extent permitted by law, disputes will be handled only on an individual basis, and you waive any right to bring or participate in a class, collective, or representative action. If this waiver is found unenforceable for a particular claim or in a particular jurisdiction, it will not apply to that claim or in that jurisdiction but will remain in effect everywhere else.

13. General

If any part of these Terms is found unenforceable, the rest stays in effect and the unenforceable part is limited or removed only to the smallest extent necessary. These Terms, together with our Privacy Policy, are the entire agreement between you and us about the Service and replace any earlier understanding. If we do not enforce a provision, that is not a waiver of our right to enforce it later. You may not transfer your rights under these Terms; we may transfer ours to an affiliate or to a successor in connection with a merger, acquisition, or sale of assets, and these Terms will continue to apply.

14. Changes to these Terms

We may update these Terms from time to time. Material changes will be posted in the Discord announcements channel and reflected in the "Effective" date above. Continued use of the Service after a change means you accept the updated Terms.

15. Contact

El Grizzly Blanco Inc.
800-15355 24 Ave, Surrey, BC V3Z 8N6, Canada
legal@pokegemhq.com