These Terms of Service (“Terms”) are an agreement between you and Cabinkrue LLC, a Hawaii limited liability company doing business as Hawaii Supply Co. (“Hawaii Supply Co.,” “we,” “us” or “our”). They cover the Hawaii Supply Co. iPhone app, our website at app.hawaiisupplyco.com, and the related services we provide (together, the “Service”).
By creating an account or using the Service, you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Service. If you use the Service on behalf of a business, you confirm that you are authorized to accept these Terms for it, and “you” includes that business.
1. Who can use the Service
You must be at least 18 years old and using the Service for your business, such as buying, selling, or trading collectible cards. The Service is not intended for personal, family, or household use. You may not use the Service if the law prohibits you from doing so.
2. Your account
- Give us accurate information when you sign up and keep your email address up to date. We use it to send you important notices.
- Keep your password private and your phone secure. You are responsible for everything that happens under your account.
- Each account is for one person. Do not share your login details.
- Contact us right away if you think someone has used your account without permission.
3. The Service
We grant you a limited, non-exclusive, non-transferable, revocable license to use the app on Apple devices you own or control, and to use the website, for your own business while your trial, subscription, or free access is in effect.
The Service is under active development. Features described as “coming soon” are not yet available, and we cannot promise when they will be. We may add, change, or remove features over time. Test versions of the app distributed through Apple’s TestFlight may contain errors and are also subject to Apple’s terms.
4. Free trial
- New accounts get a 14-day free trial. If you join through another vendor’s invite link, your trial is 30 days.
- No payment card is needed to start a trial, and you will not be charged unless you choose to subscribe.
- If you subscribe with more than two days of your trial left, you keep the remaining trial days and your first charge happens when the trial ends. If two days or fewer are left, billing starts when you subscribe.
- When a trial ends without a subscription, the app’s paid features stop working until you subscribe. We do not delete your data just because a trial ends.
- Free trials are limited to one per vendor. Do not create extra accounts to get additional trials.
5. Subscriptions and billing
Plans and prices. The standard plan is $22 per month. Founder pricing of $14 per month is available to the first 50 vendors, as described below. Prices are in US dollars and do not include taxes unless stated. You are responsible for any taxes that apply, and we may add them to your bill where required.
Where you pay. Subscriptions are sold only on our website, not in the app. Payments are processed by Stripe, and Stripe’s terms also apply to your payment.
Billing and renewal. Subscriptions are billed monthly in advance and renew automatically each month until you cancel. By subscribing, you authorize us, through Stripe, to charge your payment method each month for the subscription price plus any applicable taxes.
Canceling. You can cancel at any time from Manage subscription on your account page. Cancellation takes effect at the end of the current paid month, and you keep access until then.
Refunds. Payments are non-refundable, and we do not give refunds or credits for partial months or unused time, except where the law requires it.
Failed payments. If a payment fails, Stripe may retry it, and we may pause your access to paid features until the payment succeeds.
Price changes. We may change our prices. We will email you at least 30 days before a new price applies to you, and it will take effect at your next billing date after that notice period. If you do not want to pay the new price, you can cancel before it takes effect. Founder pricing is not affected by price changes while your Founder subscription stays continuously active.
6. Founder pricing
- Founder spots are limited to 50 vendors. A spot is reserved for you when you start your free trial while spots are still available, and it becomes yours once you subscribe. If your trial ends without a paid subscription, we may release your spot to another vendor.
- Founders pay $14 per month for as long as their subscription stays continuously active. If you cancel, or your subscription ends because a payment is not made, we may end your Founder pricing, and any new subscription may be at the standard price in effect at that time.
- When we release our planned Shop features, such as team logins, eBay and TCGplayer sync, and consignment tracking, Founders with an active subscription will get them at no additional charge. We cannot promise release dates, and the features included may change.
- Founder status belongs to your account and cannot be transferred or sold.
7. Referrals and invite codes
Referral program. You can invite other vendors with your personal referral link. A vendor who joins through your link gets a 30-day free trial. When that vendor makes their first subscription payment, you receive a credit worth one month of your subscription, which is applied to your future subscription charges. If you do not have a paid subscription when that vendor makes their first payment, you receive the credit when they make their next payment after you subscribe, and it is applied to your future subscription charges.
- Referral credits have no cash value, cannot be transferred, and cannot be exchanged for money.
- You may not refer yourself, create accounts to earn credits, or use spam or misleading promotions. We may withhold or reverse credits earned in violation of these rules.
- We may change or end the referral program at any time. Credits already earned before a change will be honored.
Invite codes. We may issue invite codes that give free access for a stated period, such as 14, 30, or 90 days, or without an end date. Invite codes are personal, can be used only once, have no cash value, and cannot be sold or transferred. When the free period ends, you will need a subscription to keep using paid features. We may revoke an invite code that is misused. For free access without an end date, we may end it by giving you at least 30 days’ notice, after which you can subscribe to continue.
8. Market prices and calculations
Market prices in the Service come from third-party sources, including TCGplayer market data supplied through JustTCG. Prices are estimates. They may be delayed, incomplete, or wrong, and they may not reflect what a card will actually sell for. Condition adjustments, buy and trade percentages, totals, and profit figures are calculations based on those estimates and on the settings you choose. Card identification from photos, when available, may also be wrong.
All prices, calculations, and reports are provided “as is” for your convenience, with no guarantee of accuracy. They are not appraisals, and they are not financial, tax, or legal advice. Always check a price and a total before you complete a deal.
Price data is licensed to us from third parties for use inside the Service. You may not scrape, copy in bulk, resell, or redistribute it, except as part of your own inventory records and the exports the Service provides.
9. Your business is your responsibility
The Service is a tool to help you run your business. We are not a party to any deal you make, and we do not process payments between you and your customers. You alone are responsible for:
- your purchases, sales, and trades, the prices and offers you make, and any disputes with your customers;
- collecting and paying all taxes on your sales, and keeping the business records the law requires;
- getting any business licenses, show permits, or other permits you need, and following show and venue rules;
- following all laws that apply to you, including laws on consumer protection, secondhand goods, and customer privacy; and
- what you show to customers on your screen. Features like privacy mode help, but you remain responsible for what is displayed.
10. Acceptable use
You agree not to use the Service to:
- buy, sell, or trade illegal, stolen, or counterfeit goods, or present reprints, proxies, or altered cards as genuine;
- commit fraud, launder money, or mislead your customers, for example by showing a customer summary you know is false;
- break any law or infringe anyone else’s rights;
- copy, modify, reverse engineer, or resell the Service, except where the law expressly allows it;
- access the Service by automated means, overload or interfere with our systems, or try to get around security, billing, or trial limits; or
- help anyone else do any of these things.
11. Your data
You own the data you put into the Service, including your inventory, deals, shows, and notes (“Your Data”). You give us permission to store, copy, process, transmit, and display Your Data only as needed to operate and support the Service for you, as described in our Privacy Policy. We do not claim any other rights to it.
You confirm that you have the right to enter Your Data, including any information about your customers. We back up Your Data while you are logged in, but no backup is perfect, so we recommend exporting your records regularly. You can delete Your Data at any time by deleting your account.
12. Our intellectual property
The Service, including the app, website, software, design, and the Hawaii Supply Co. name and logo, belongs to us or our licensors and is protected by law. These Terms do not give you any ownership of it. If you send us feedback or ideas, we may use them without any obligation to you.
Pokémon, Magic: The Gathering, Yu-Gi-Oh!, One Piece, TCGplayer, eBay, and other names and marks mentioned in the Service belong to their respective owners. Hawaii Supply Co. is not affiliated with or endorsed by them.
13. Third-party services
The Service relies on services provided by other companies, such as Apple, Stripe, and our price data providers. Their terms and privacy policies apply to your use of their services, and we are not responsible for them.
14. Suspension and termination
You can stop using the Service at any time. You can delete your account on the website under Your account > Delete account, or in the app under Settings > Your account > Delete account. Deleting your account does not cancel a paid subscription on its own, so cancel under Manage subscription first. If you have already deleted your account, contact us and we will cancel your subscription.
We may suspend or end your access if you break these Terms, do not pay, create a risk or legal problem for us or others, or if the law requires it. Where reasonable, we will give you notice first. We may also stop offering the Service. If we do, we will give you at least 30 days’ notice so you can export your data, and we will refund any fees you prepaid for the time after the Service ends.
Sections of these Terms that by their nature should continue after termination will continue, including those on fees owed, your responsibilities, our intellectual property, disclaimers, limitation of liability, indemnification, and disputes.
15. Disclaimers
The Service is provided “as is” and “as available.” To the fullest extent the law allows, we disclaim all warranties, whether express or implied, including warranties of merchantability, fitness for a particular purpose, title, non-infringement, and accuracy. We do not promise that the Service will be uninterrupted, error-free, or secure, that prices or calculations will be accurate, or that data will never be lost.
16. Limitation of liability
To the fullest extent the law allows:
- We will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any lost profits, revenue, business, goodwill, or data, even if we were told they were possible.
- Our total liability for all claims relating to the Service or these Terms will not exceed the amount you paid us for the Service in the 12 months before the event that gave rise to the claim.
These limits apply to every kind of claim, whether based on contract, tort (including negligence), or any other legal theory. Some jurisdictions do not allow certain limits, so some of them may not apply to you.
17. Indemnification
You agree to defend, indemnify, and hold harmless Cabinkrue LLC and its owners, employees, and agents from any claims, losses, damages, and costs, including reasonable attorneys’ fees, that arise from your business and transactions, Your Data, your use of the Service, or your breach of these Terms or of any law.
18. Governing law and disputes
These Terms are governed by the laws of the State of Hawaii, without regard to its conflict-of-law rules. If a dispute arises, please contact us first. We will try in good faith to resolve it informally within 30 days.
If we cannot resolve it, any legal action must be brought exclusively in the state or federal courts located in the State of Hawaii, and you and we both consent to their jurisdiction. Either party may instead bring an individual claim in small claims court. To the extent the law allows, claims must be brought individually and not as part of a class or representative action.
19. Apple App Store
If you downloaded the app from Apple’s App Store or TestFlight, you also agree that:
- These Terms are between you and us, not Apple. We, not Apple, are responsible for the app and its content.
- Apple has no obligation to provide maintenance or support for the app.
- If the app fails to meet any applicable warranty, you may notify Apple, and Apple will refund the purchase price of the app, if any. Apple has no other warranty obligation for the app.
- We, not Apple, are responsible for any claims relating to the app, including product liability claims, claims that the app fails to meet legal or regulatory requirements, consumer protection or privacy claims, and claims that the app infringes someone’s intellectual property.
- You confirm that you are not located in a country subject to a U.S. government embargo and are not on any U.S. government list of prohibited or restricted parties.
- You must follow any third-party terms that apply when you use the app.
- Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.
20. General terms
- Changes to these Terms. We may update these Terms. We will post the new version on this page and update the “Last updated” date. For material changes, we will notify you by email or in the app at least 15 days before they take effect. If you keep using the Service after that, you accept the new Terms.
- Notices. You agree that we may send notices to the email address on your account and that electronic notices meet any legal requirement for written notice.
- Entire agreement. These Terms and our Privacy Policy are the entire agreement between you and us about the Service.
- Severability and waiver. If any part of these Terms cannot be enforced, the rest stays in effect. If we do not enforce a right, we have not waived it.
- Assignment. You may not transfer these Terms without our written consent. We may transfer them as part of a merger, acquisition, or sale of our business.
- Events beyond our control. We are not responsible for delays or failures caused by events outside our reasonable control, such as outages at our service providers, natural disasters, or network failures.
- Relationship. These Terms do not create any partnership, joint venture, employment, or agency relationship between you and us.
21. Contact us
Questions about these Terms can be sent to:
Cabinkrue LLC, doing business as Hawaii Supply Co.
State of Hawaii, USA
Email: support@hawaiisupplyco.com