Terms of Service

1.About these Terms#

These Terms of Service (the “Terms”) are a contract between you and [LEGAL ENTITY NAME] (“Fireville”, “we”, “us”). They cover the website at fireville.app, the Fireville apps, live shows, the marketplace, Sparks, giveaways, rewards and everything else we offer (together, the “Service”).

By creating an account, signing in, bidding, buying, selling, posting or entering a giveaway, you agree to these Terms and to every policy in the Fireville Legal Center. Those policies are part of these Terms. When a specific policy goes into more detail on a topic (for example, the Payments, Payouts & Collections policy), that policy controls for that topic. If you don't agree, don't use Fireville.

Please read the section “Disputes, arbitration and class-action waiver”. It says most disputes between you and Fireville will be decided by a neutral arbitrator, one person at a time, not by a judge, a jury or a class action. You can opt out within 30 days of first agreeing to these Terms.

2.Who can use Fireville#

You must be at least 18 years old and able to form a binding contract to create an account, bid, buy, sell, make offers or enter giveaways. Fireville does not allow accounts for anyone under 18, even with a parent's permission. People under 18 may look at public pages but may not take part in any way.

You must live in the United States (the 50 states and Washington, D.C.) and have a US mobile number that can receive texts. [LAWYER: confirm US-only at launch and whether US territories are included.]

You can't use Fireville if:

• we suspended or banned you before, unless we told you in writing that you may come back;
• you're on a US government sanctions or denied-parties list, or live in a place under a US embargo;
• using Fireville would break a law that applies to you.

If you use Fireville for a business, you agree to these Terms for that business and promise you're allowed to bind it. “You” then means both you and the business.

3.Your account and its security#

You sign in with your phone number and a one-time code (or, where offered, with Google or Apple). When you create your account, you confirm that you're 18 or older and agree to these Terms. Keep your phone and number secure: anyone who can read your texts can get into your account. Tell us right away through Help → Contact support in the app if you think someone else used your account.

Give us true, current and complete information and keep it up to date, including your phone number, shipping address and, for sellers, your legal name, business details and tax information.

You're responsible for everything done on your account, including bids and purchases, unless it happened because of our mistake or after you told us your account was taken over.

Account rules:

• One person per account. Don't share, sell, rent, lend or transfer your account or username.
• You may keep more than one account (for example, a separate buying account), but you may not use extra accounts to get more rewards, giveaway entries, referral credit or bonuses, to get around a limit or a ban, or to bid on your own items.
• Usernames and display names can't pretend to be Fireville, Fireville staff, another person or a brand you don't represent. We can change or take back a name that breaks this rule.
• We may ask you to verify your identity, phone, address or payment method at any time, and we can limit your account until you do.

4.Fireville's role#

Fireville is an online marketplace. We give sellers the tools to list items, host live shows and get paid, and we give buyers the tools to bid, buy and get help. Unless an item is sold by the official @fireville store (shown with an official badge), the seller is the person or shop that listed it, and the sale is between the buyer and that seller.

Fireville is not an auctioneer, a grading company, an appraiser or an authenticator. We don't own or hold the items sellers list, we don't inspect most items before they ship, and we don't promise that a seller's description, a card's grade, its authenticity or its value is accurate. Our Buyer Protection & Refunds policy explains when we step in and refund buyers anyway.

For each order, Fireville collects the buyer's payment on the seller's behalf as the seller's limited payment collection agent. Once a buyer pays Fireville, the buyer has paid the seller, even if Fireville later holds or reverses the seller's payout under these Terms. [LAWYER: confirm payment-collection-agent wording and the money-transmitter analysis with Stripe Connect.]

We may (but don't have to) watch shows, chat, listings and messages. We can remove anything, and we can step into any order, case or dispute, when we think it's needed to protect people or Fireville.

5.Buying on Fireville#

A winning auction bid, a Buy now purchase, an accepted offer and a won spot in a Fire Pull are each a binding contract to buy. You can't take back a bid because you changed your mind or bid by accident.

You authorize Fireville and Stripe to charge the payment method saved on your account for the item price, shipping, the order protection & processing fee and any tax, automatically and without asking you again, including during a live show. We may place a temporary authorization hold on your card before we charge it.

If a payment fails, you can't bid, buy or chat in that show until it's paid. We may try your card again, ask you for another card, cancel the order, and limit or suspend your account. A win that's still unpaid when the show ends may be cancelled. Repeated unpaid wins lead to suspension.

Totals are shown before you bid or pay. If there's a clear pricing or display error, we may cancel the order and refund you.

Orders are final. You can ask to cancel before an order ships, and the seller decides. The Buyer Protection & Refunds policy explains what's covered when something goes wrong.

6.Selling on Fireville#

Selling needs an approved seller application and a connected Stripe account. Sellers also agree to the Seller Rules, the Fees policy, the Payments, Payouts & Collections policy, and Stripe's Connected Account Agreement, which Stripe shows when you connect.

As a seller you promise that you own every item you list or are allowed to sell it, that it's genuine and described accurately, that it's legal to sell and ship, and that you'll ship it on time to the address Fireville gives you.

You're responsible for your listings, your shows, your items, your packing and the taxes on your income. Fireville may remove listings, cancel orders, pause selling or end your selling access under these Terms.

7.Live shows and auctions#

Live shows follow the Live Shows & Auctions policy. In short: bids are binding, the highest valid bid when the timer runs out wins, the timer can extend when bids come in at the end, shill bidding is banned, and Fireville may pause, end or cancel any show, auction or result, including reversing a result caused by a technical error or a broken rule.

Live video is streamed to the public and may be recorded. See “Live streaming and recordings” below.

8.Fees#

Buyers and sellers pay the fees in the Fees policy, which is part of these Terms. We may change fees for the future with notice (see “Changes to these Terms and to Fireville”). Fees already charged on an order aren't refunded unless the order is fully refunded under our policies or the law requires it.

9.Payments, payouts, holds and reserves#

Payments are processed by Stripe. Seller payouts go through Stripe Connect to the bank account the seller connects. The Payments, Payouts & Collections policy explains timing in detail.

Fireville may hold, delay or reserve funds. To protect buyers, sellers and Fireville, we may hold an order's money until it's delivered and the hold period has passed; keep money longer while a case, chargeback, investigation or account review is open; keep a reserve (part of your balance or future sales) when we see risk; and pause payouts while your account is limited, suspended or under review. Held money doesn't earn interest for you.

We may take what you owe from your balance. You authorize us to deduct from your balance, pending sales, reserve and future sales any amount you owe Fireville, including refunds, chargebacks and their fees, shipping label costs and changes, carrier adjustments, fees, amounts owed under our policies, and money paid to you by mistake.

10.Negative balances, money you owe and collections#

If what you owe is more than your balance, your balance goes negative and you must pay it back. We'll tell you the amount and how to pay. If you don't pay within 14 days of our notice (or right away if we believe there's fraud), you authorize us to:

• take it from future sales or payouts on any Fireville account you control;
• charge any payment method saved on any of your Fireville accounts, including a card you use for buying, or debit your connected bank account through Stripe;
• limit, suspend or close your accounts until it's paid;
• send the debt to a collection agency, which may contact you and report the debt to credit bureaus as the law allows;
• take legal action to recover it.

To the extent the law allows, you also agree to pay the reasonable costs of collecting what you owe, including collection agency fees, attorneys' fees and court costs, plus interest at [RATE] per month or the highest rate the law allows, whichever is lower. [LAWYER: confirm the interest rate, recovery of collection costs, and federal/state debt-collection rules.]

Closing your account doesn't cancel what you owe.

11.Refunds, disputes and chargebacks#

When something goes wrong with an order, the Buyer Protection & Refunds policy explains what's covered and how to get help. Fireville makes the final decision on cases opened through Fireville, and buyers and sellers agree to follow it.

Please contact Fireville support before filing a chargeback with your bank. While a chargeback is open we may limit the buyer's account, and we may give the bank order details, tracking, photos, messages and show recordings. If a buyer gets their money back from the bank for an order Fireville already refunded, or files a chargeback in bad faith, we may recover that amount from them.

Sellers are responsible for chargebacks on their orders, including the bank's chargeback fee, unless Fireville decides the seller did everything right (for example, shipped on time with tracking showing delivery to the buyer's address, and the item matched the listing).

12.Shipping#

Every order ships under the Shipping Policy with a label bought through Fireville. Sellers must ship within their handling time. Buyers must give a correct address; a box delivered to that address counts as delivered.

13.Giveaways, Fire Pulls, rewards and referrals#

Giveaways are always free to enter. No purchase is ever necessary, and buying never improves your chances. Each giveaway follows the Giveaway Rules and its own official rules page.

Fireflies, levels, badges, quest rewards, referral rewards and giveaway entries are promotional. They have no cash value, aren't your property, can't be sold or transferred, and can be changed, limited, expired or ended under the Fireflies, Rewards & Referrals policy. We can remove any of them if they were earned by mistake, by fraud, through extra accounts, or on an order that was later refunded.

Fire Pulls and Ember Drops, where offered, follow the Fire Pulls & Ember Drops policy.

14.Taxes#

Where the law requires it, Fireville collects sales tax from buyers and pays it to the state as a marketplace facilitator. Sellers are responsible for all other taxes on their sales and income.

Fireville may report sellers' sales to the IRS and to states (for example on Form 1099-K) and may ask for tax information, such as a Social Security or Employer Identification Number, collected through Stripe. If you don't give it, we may hold payouts or withhold tax as the law requires.

15.Your content and the license you give us#

“Your content” means anything you post or send on Fireville: Sparks videos, photos, listings, show video and audio, chat messages, reviews, profile details, and messages to other users or to support.

You keep ownership of your content. You give Fireville a worldwide, non-exclusive, royalty-free, transferable and sublicensable license to host, store, copy, show, stream, record, edit (for example, crop, caption or shorten), translate, distribute and promote your content, and to make clips from it, in order to run, improve and market Fireville, in any media now known or later invented. The license lasts while your content is on Fireville and for a reasonable time after you remove it, and permanently for content already used in marketing, shared by others, or kept for legal, safety or record-keeping reasons. [LAWYER: review the scope and length of this license.]

Other users may view and share your public content inside Fireville (for example, sharing a Spark or a show).

You promise you have every right needed to post your content, including permission from anyone who appears in it, and that it doesn't break these Terms or the law. We don't pay for content unless we agree in writing.

If you send us ideas or feedback, we may use them freely without paying you.

16.Live streaming and recordings#

Live shows are broadcast to anyone who opens them, including people without an account. Fireville may record shows, keep recordings and short clips (including video receipts of auctions, pulls and giveaway draws), and use them to settle disputes, check that rules were followed, investigate fraud, train staff and promote Fireville.

By hosting a show, or by appearing or speaking in one, you agree to be recorded and to these uses of your name, username, image, voice and likeness, without payment.

Hosts must not put anyone on camera or audio who hasn't agreed to it, must not feature anyone under 18, and must never show personal information such as a buyer's address or a shipping label. [LAWYER: confirm the rule for minors appearing on camera.]

17.Things you must not do#

The Community Guidelines and the Prohibited Items & Authenticity policy list the rules in full. Among other things, you must not:

• pay, or ask to be paid, outside Fireville for anything found on Fireville, or move a buyer or seller to another app to avoid fees or protections;
• sell counterfeit, stolen, altered or misdescribed items, or anything on the prohibited list;
• bid on your own items, have others bid them up, or bid without meaning to pay;
• manipulate reviews, rankings, giveaways, referrals or rewards, including with extra accounts, other people's devices or bots;
• harass, threaten, scam or impersonate anyone, or post hateful, sexual or violent content;
• file false reports, false claims or bad-faith chargebacks;
• scrape, copy, reverse-engineer, overload, probe or break into Fireville or other people's accounts, or use bots or automated tools without our written permission;
• use Fireville to break any law, including consumer protection, gambling, sweepstakes, export, tax and anti-money-laundering laws.

18.Fireville's intellectual property#

Fireville, the Fireville logo, Fireflies, Sparks, Fire Pulls, Ember Drop and our other names, logos and designs are Fireville's trademarks. The app, its code, design and content (other than user content) belong to Fireville or its licensors.

We give you a limited, personal, revocable, non-transferable license to use the Service as these Terms allow. You may not use our marks or content without our written permission.

Pokémon, Magic: The Gathering and other game names belong to their owners. Fireville isn't affiliated with or endorsed by them. To report content that infringes your rights, follow the Copyright & Trademarks policy.

19.Other companies' services#

Fireville uses other companies to run parts of the Service, including Stripe (payments, identity checks, payouts and tax), EasyPost and USPS (labels and delivery), Twilio (texts), LiveKit (live video), Supabase and Vercel (hosting and data) and Resend (email). Their own terms may also apply to you, and we aren't responsible for their services. Links to other websites are for convenience; we don't control them.

20.Suspension and termination#

You can ask to close your account at any time in Settings → Delete account or get your data, or through Help → Contact support in the app. We close it within 30 days of your request. First you must finish or cancel open orders, ship anything you've sold and pay anything you owe.

Fireville may warn you, limit features, remove content, cancel orders, hold funds, or suspend or permanently close your account at any time, with or without notice, if we believe you broke these Terms or a policy, created risk or legal exposure for Fireville or others, or gave false information, or if the law requires it. We may also close accounts that have been inactive for a long time [LAWYER: set inactivity period] or stop offering all or part of the Service.

The Account Suspension & Termination policy explains what happens to orders, money, rewards and content.

If your account is closed, your right to use Fireville ends right away. Parts of these Terms that by their nature should continue (including money owed, holds and set-off, the content license, disclaimers, limits on liability, indemnity and dispute resolution) continue after your account closes.

21.Disclaimers#

FIREVILLE IS PROVIDED “AS IS” AND “AS AVAILABLE”. TO THE FULLEST EXTENT THE LAW ALLOWS, FIREVILLE MAKES NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

We don't promise that the Service will always be available, fast, secure or free of errors; that live video, bids or chat will arrive without delay; or that any item is genuine, correctly graded, or will keep or gain value. Card values go up and down; nothing on Fireville is investment advice.

We aren't responsible for what users do, say, list or sell, or for items bought or sold, except as our Buyer Protection & Refunds policy says. Some places don't allow these disclaimers, so some may not apply to you.

22.Limitation of liability#

TO THE FULLEST EXTENT THE LAW ALLOWS, FIREVILLE AND ITS OWNERS, EMPLOYEES, CONTRACTORS AND PARTNERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST DATA, LOST GOODWILL OR LOST OPPORTUNITIES, ARISING FROM OR RELATED TO THE SERVICE OR THESE TERMS, EVEN IF WE WERE TOLD THEY WERE POSSIBLE.

TO THE FULLEST EXTENT THE LAW ALLOWS, FIREVILLE'S TOTAL LIABILITY FOR ALL CLAIMS RELATED TO THE SERVICE OR THESE TERMS IS LIMITED TO THE GREATER OF (A) $100 OR (B) THE FEES YOU PAID FIREVILLE IN THE 12 MONTHS BEFORE THE EVENT THAT LED TO THE CLAIM.

These limits don't apply to liability that the law doesn't allow to be limited, such as for fraud or for death or personal injury caused by our gross negligence. They also don't reduce money Fireville owes a seller for completed sales or a buyer for an approved refund.

23.Indemnity#

To the extent the law allows, you will defend, indemnify and hold harmless Fireville and its owners, employees, contractors and partners from any claims, losses, damages, fines, costs and expenses (including reasonable attorneys' fees) arising from your content, your listings or items, your shows, your use of the Service, your breaking these Terms or the law, or your dispute with another user. We can choose to control the defense of any claim, and you'll cooperate with us.

24.Disputes between users#

Disputes about an order should go through Fireville's case process first. Fireville isn't a party to the sale between buyer and seller. To the extent the law allows, you release Fireville from claims arising out of disputes between you and other users.

If you're a California resident, you waive California Civil Code section 1542, which says: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.” [LAWYER: confirm release scope.]

25.Disputes, arbitration and class-action waiver#

Talk to us first. Before starting any formal claim, you and Fireville agree to try to settle it informally. Send a written notice with your name, username, phone number, a description of the problem and what you want, to support@fireville.app (subject “Legal notice”) and to [MAILING ADDRESS]. If it isn't resolved within 60 days, either side may start arbitration. Deadlines for filing are paused during those 60 days.

Binding individual arbitration. Except as listed below, any dispute, claim or controversy between you and Fireville arising out of or relating to the Service or these Terms (including whether this section applies) will be decided by binding arbitration administered by [ARBITRATION PROVIDER] under its consumer arbitration rules then in effect. The Federal Arbitration Act governs this section. The arbitrator may award the same individual relief a court could, but only for you individually. Hearings may happen by video or phone, or in the county where you live. Payment of filing and arbitrator fees follows the provider's rules; if those fees would be unaffordable for you, Fireville will consider paying them.

Exceptions. Either side may bring an individual claim in small-claims court if it qualifies and stays there. Either side may ask a court for an order to stop infringement or misuse of intellectual property or unauthorized access to the Service.

No class actions and no jury. You and Fireville each give up the right to a jury trial and to bring or join a class, collective or representative action. Claims may only be brought individually. If this waiver is found unenforceable for a claim, that claim (and only that claim) goes to a court under the governing-law section, after the arbitration of all other claims.

Many similar claims. If 25 or more similar claims are filed against Fireville by or with help from the same law firm or group, they'll be handled in batches under the provider's mass-arbitration rules, and deadlines for those claims are paused while batches proceed.

You can opt out. You can opt out of this arbitration agreement within 30 days of first agreeing to these Terms by emailing support@fireville.app with the subject “Arbitration opt-out”, your name, username, phone number and a clear statement that you opt out. Opting out doesn't affect any other part of these Terms.

Time limit. To the extent the law allows, any claim must be started within one year after it arose, or it's permanently barred.

Changes. If we change this section, we'll give you at least 30 days' notice. The change won't apply to a claim you already notified us about.

[LAWYER: choose the arbitration provider (for example AAA or JAMS), confirm fee terms, mass-arbitration wording and the one-year limit.]

26.Governing law and courts#

These Terms are governed by the laws of the State of [STATE] and applicable federal law, without regard to conflict-of-laws rules. Any claim that isn't arbitrated will be heard only in the state or federal courts located in [COUNTY], [STATE], and you and Fireville agree to those courts' jurisdiction. If you're a consumer, this doesn't take away protections that the law of your home state gives you and that can't be waived.

27.Changes to these Terms and to Fireville#

We may update these Terms and our policies. If a change is significant, we'll tell you in the app, by text or by email at least 30 days before it takes effect, unless the change is needed sooner for legal or safety reasons. The “last updated” date at the top shows the latest version. Using Fireville after a change takes effect means you accept it. If you don't agree, stop using Fireville and close your account.

We may add, change, pause or remove features (for example live events, Fire Pulls or rewards) at any time.

28.Notices and electronic communications#

You agree to receive agreements, notices, receipts, tax forms and other records electronically: in the app, by text, by email or on this site. Electronic notices count as written notices. You can ask for a paper copy through support.

We send notices to the phone number or email on your account. Send legal notices to us at support@fireville.app and [MAILING ADDRESS]. The Text Message Terms explain the texts we send.

29.Accessibility#

We want Fireville to work for everyone. If something is hard to use, tell us; see our Accessibility statement.

30.General terms#

• These Terms and the policies in the Legal Center are the whole agreement between you and Fireville about the Service and replace any earlier agreement on that subject.
• You may not transfer these Terms or your account. We may transfer these Terms, for example in a merger, sale or reorganization.
• If a part of these Terms can't be enforced, the rest stays in effect, and that part is enforced as far as the law allows.
• If we don't enforce a right right away, we haven't given it up.
• We aren't responsible for delays or failures caused by events outside our reasonable control, such as outages at our providers, carrier delays, natural disasters, strikes or government action.
• Nothing in these Terms creates a partnership, joint venture, employment or agency relationship, except the limited payment collection role described above.
• Headings are for convenience only. These Terms are written in English; any translation is for convenience.

31.Contact#

[LEGAL ENTITY NAME], [MAILING ADDRESS]. Email: support@fireville.app. In the app: Help → Contact support in the app.

California residents: you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by phone at (800) 952-5210. [LAWYER: confirm this address is current.]