BreakIQ

BreakIQ Terms & Conditions

Mervin LLC d/b/a BreakIQ

Last updated: May 6, 2026

Effective date: May 6, 2026

These Terms & Conditions ("Terms") govern your access to and use of BreakIQ — the sports card break pricing and analysis service available at getbreakiq.com and operated by Mervin LLC d/b/a BreakIQ (a Pennsylvania limited liability company). In these Terms, "BreakIQ", "we", and "us" refer to Mervin LLC; "you" refers to the person using the Service.

Please read these Terms carefully. The following sections particularly limit your rights and remedies: Section 8 (NOT FINANCIAL, INVESTMENT, GAMBLING, OR PURCHASING ADVICE), Section 13 (Disclaimers), Section 14 (Limitation of Liability), Section 15 (Indemnification), Section 18 (Governing Law and Dispute Resolution), and Section 19 (Binding Individual Arbitration; Class-Action Waiver; Jury-Trial Waiver). By using BreakIQ, you agree to these Terms.

1. Acceptance of these Terms

By creating an account, signing in, posting in our Discord, or otherwise using the Service, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, do not use the Service.

If you are using BreakIQ on behalf of an organization, you represent that you have authority to bind that organization, and "you" means both you and the organization.

By accepting these Terms electronically (clicking "I agree," creating an account, or continuing to use the Service after this version becomes effective), you also consent under the federal Electronic Signatures in Global and National Commerce Act ("E-SIGN Act") and any equivalent state law to: (a) the use of electronic signatures and records, including these Terms and the Privacy Policy; (b) receiving notices, disclosures, and other communications from us electronically (by email or in-app notice); and (c) doing business with us electronically. You may withdraw this consent by closing your account; you may not use the Service without it.

2. The Service

BreakIQ is a software tool that helps users analyze sports card "breaks" — livestreamed pack-opening events run by third-party breakers on platforms like Whatnot, Fanatics Live, eBay, Layton Sports Cards, Dave & Adam's, and local card shops.

The Service may include features such as:

  • Estimated fair-value, expected-value (EV), and per-slot pricing for breaks.

  • BUY / WATCH / PASS signals and "BreakIQ Signals" highlights.

  • Player-level sentiment scores, risk flags, and hype tags.

  • A Slab Analysis tool that parses card images and looks up PSA cert data and CardHedger comp pricing.

  • A "My Breaks" log for tracking your own break history and outcomes.

BreakIQ does not host, run, broadcast, or facilitate breaks. We are an independent informational tool that displays our own analysis of publicly available information about breaks listed on third-party platforms. We are not a party to any break, transaction, or sale; we do not collect any portion of break consideration; and we do not select or randomize the cards or teams allocated in any break..

The features, pricing, and availability of the Service may change at any time.

3. Eligibility and accounts

3.1 Age

You must be at least 18 years old to use BreakIQ. By using the Service you represent and warrant that you are 18 or older. If we learn you are under 18, we will close your account. You may also be required to be of legal age to participate in sports card breaks under the laws of your jurisdiction; some jurisdictions impose a higher age threshold for activities classified as gambling or as games of chance. You are solely responsible for confirming your eligibility under those laws — see Section 8.

3.2 Account creation

You can sign up using email/password (admins) or Google or Discord OAuth (consumers). You agree to provide accurate information and to keep it up to date.

3.3 Account responsibility

You are responsible for all activity on your account, for safeguarding your credentials, and for not sharing your invite code, account, or login with anyone else. Notify us at support@getbreakiq.com if you suspect unauthorized use of your account.

3.4 One account per person

You may create one account for personal use. We may suspend or close duplicate or shared accounts.

3.5 Identity and jurisdiction representations

By creating an account you represent and warrant that: (a) you are an individual, not a bot, automated system, or scraper; (b) you are not on the U.S. Department of the Treasury's Office of Foreign Assets Control (OFAC) Specially Designated Nationals List or any other U.S. or applicable sanctions list; (c) you are not located in, and you are not a national or resident of, any country subject to U.S. embargo or to comprehensive U.S. sanctions; and (d) your access to and use of the Service is not prohibited by any law that applies to you, including any law of your state, province, or country regulating sports card breaks, sweepstakes, lotteries, or games of chance.

4. Beta status

BreakIQ is currently in private beta. The Service may be unavailable, may change without notice, and may have bugs. We may add, modify, or discontinue features and may reset non-production data with reasonable notice. We do not promise any specific level of availability, accuracy, or feature stability during the beta. Your continued use of the Service constitutes acceptance of the beta nature of the product.

Beta access is provided on a complimentary or invite-only basis at our discretion and may be revoked at any time. Nothing in this section limits the disclaimers or liability cap in Sections 13 and 14.

During beta, you specifically acknowledge that: (a) we may experience data loss, data corruption, or data resets, including loss of your account, lookups, saved analyses, contributor activity, billing history, or any other content; (b) features may be removed or materially changed without notice and without remedy; (c) data formats may change and prior data may not migrate cleanly to subsequent versions of the Service; and (d) we make no commitment to maintain backward compatibility, export tools, or migration paths. When the Service exits beta, we will use commercially reasonable efforts to preserve user data and announce material changes in advance, but we make no contractual commitment to any specific GA-transition process during beta.

5. Subscriptions, billing, and cancellation

5.1 Plans

We currently offer three tiers:

  • Free — 3 lifetime analyses, intended as a free preview.

  • Hobby — $9.99 per month, up to 10 analyses per billing period.

  • Pro — $24.99 per month, unlimited analyses.

Plan features and prices may change. We will give you reasonable advance notice (at least 30 days) of any price increase that applies to your existing plan, and you may cancel before the change takes effect.

5.2 Billing and auto-renewal

Paid plans are billed in advance through Stripe and renew automatically at the start of each billing period until you cancel. By subscribing, you authorize Mervin LLC, through Stripe, to charge the payment method on file each billing period.

California, New York, Illinois, Oregon, and other automatic-renewal-law disclosures: (a) Your subscription will continue until you cancel; (b) we will charge the payment method you provided on a recurring monthly basis at the price in effect at the start of each billing period; (c) you may cancel at any time through the Stripe Customer Portal, and cancellation takes effect at the end of your current billing period; (d) we will send you an electronic acknowledgement of your subscription, including these auto-renewal terms and a description of how to cancel, after each new subscription or material change. If you are a California resident and you accepted a free preview, promotional offer, or discount of more than 31 days that automatically converts to a paid plan, we will provide an additional reminder before the conversion or material price change.

ROSCA affirmative consent. By clicking the subscription confirmation button at checkout (which is presented immediately adjacent to the disclosures described above), you provide express, informed, and affirmative consent — separate from your acceptance of these Terms generally — to (i) the recurring charge described above, (ii) the auto-renewal mechanism, (iii) the cancellation method, and (iv) the price at the start of each billing period. This consent is given for purposes of the federal Restore Online Shoppers' Confidence Act (15 U.S.C. § 8401 et seq.) and analogous state laws, and is intended to satisfy the "clear and conspicuous disclosure" and "express informed consent" requirements of those laws. Within a reasonable time after each new subscription, material change to a subscription, or material price change, we will send a confirmation email to your account email address that includes (a) the auto-renewal terms, (b) the cancellation method, (c) the price, and (d) a description of how to obtain a refund where applicable.

5.3 Failed payments

If a payment fails, we may downgrade your plan to Free, suspend access to paid features, or close your account after reasonable retry attempts.

5.4 Cancellation

You may cancel a paid plan at any time through the Stripe Customer Portal. Cancellation takes effect at the end of your current billing period, and you retain access to paid features until then.

California residents may also cancel by emailing support@getbreakiq.com with the subject line "Cancel Subscription" and your account email. We will process the cancellation within five business days and confirm by email.

5.5 Refunds

Subscription fees are non-refundable, except where required by applicable law. We do not pro-rate or refund partial billing periods, including when you cancel early, stop using the Service, or are downgraded for non-payment. We may, in our sole discretion, grant refunds in individual cases (for example, in response to a verified billing error). Discretionary refunds in one case do not establish any right to refunds in other cases.

If you believe you have been billed in error, contact support@getbreakiq.com within 30 days of the charge.

5.6 Taxes

Listed prices do not include sales, use, value-added, or similar taxes. You are responsible for any such taxes that apply to your purchase, except for taxes on our net income.

5.7 App-store subscriptions

If you purchase a BreakIQ subscription through the Apple App Store or Google Play, that purchase is also governed by the applicable app store's terms, and the app store — not Mervin LLC — handles billing, refunds, and cancellation. To cancel an app-store subscription, manage it in your Apple ID or Google Account settings. Contacting us will not cancel an app-store subscription, and we cannot issue refunds for app-store charges.

5.8 Payment data is handled by Stripe

BreakIQ does not see, store, transmit, or have access to your full credit-card number, card verification code (CVC), card expiration date, debit-card PIN, bank account number, routing number, or similar full payment instrument credentials. All payment-instrument data is collected, processed, transmitted, and stored by Stripe under Stripe's terms of service and privacy policy, available at https://stripe.com/legal and https://stripe.com/privacy, respectively. We receive only the limited transactional and identifying information that Stripe makes available to us (for example, transaction status, last-4 digits of the card, brand, country, ZIP, and Stripe customer ID). For details on what we receive from Stripe and how we use it, see our Privacy Policy. Stripe is a PCI-DSS Level 1 service provider and is responsible for the security of payment-instrument data; BreakIQ is not.

6. Acceptable use

You agree not to:

  • Use the Service for any unlawful purpose or in violation of these Terms.

  • Scrape, mirror, or systematically extract content, prices, signals, or other data from the Service.

  • Reverse engineer, decompile, or attempt to derive the source code, models, or scoring methodology of the Service, except as permitted by applicable law.

  • Use any automation, bot, headless browser, or third-party tool to access the Service or generate analyses, except as we expressly permit.

  • Circumvent or attempt to circumvent usage limits, paywalls, authentication, rate limiting, or any other access control.

  • Interfere with the Service, probe it for vulnerabilities, or impose an unreasonable load on our infrastructure.

  • Resell, sublicense, or redistribute the Service or its outputs as a standalone product.

  • Submit content that is unlawful, defamatory, harassing, infringing, or that contains malware or sensitive personal information of yourself or others.

  • Use the Service to facilitate illegal gambling, money laundering, or any activity prohibited by your jurisdiction.

  • Use the Service, our AI outputs, or our scoring methodology to train, fine-tune, or evaluate any other artificial-intelligence or machine-learning model, or to populate any other database, product, or service.

  • Submit prompts, images, or other content designed to inject instructions into our AI tools, jailbreak our analysis pipeline, or cause our AI outputs to violate these Terms.

  • Use the Service to harvest, scrape, or compile data about other BreakIQ users or contributors, including Discord display names attached to confirmed insights.

  • Misrepresent BreakIQ analysis, signals, or outputs as the recommendation, endorsement, or advice of a registered investment adviser, broker-dealer, gambling operator, or licensed gaming professional.

  • Exceed reasonable usage limits, generate analyses at machine-volume rates, or otherwise impose load on the Service that is materially inconsistent with normal individual end-user behavior. We may impose, modify, and enforce per-account rate limits and concurrent-session limits at our discretion to maintain Service quality.

  • Upload images that contain malware, exploits, embedded executable code, files larger than the published size limit, or visual content that is unlawful, infringing, or designed to manipulate the Service's AI components. We may scan, reject, or remove uploads at our discretion and may suspend accounts that submit abusive uploads.

We may investigate, suspend, or terminate accounts that violate this section.

7. Third-party platforms and breaks

Sports card breaks are operated by independent breakers on third-party platforms. BreakIQ is not a party to any transaction between you and a breaker, platform, group break, or seller.

  • We do not facilitate, broker, or process payments for breaks.

  • We are not responsible for the conduct, pricing, fulfillment, shipping, grading, or pull rates of any breaker or platform.

  • Disputes about a break (including outcomes, missing cards, broken cards, late shipping, refunds, chargebacks, or platform behavior) are between you and the breaker or platform and are governed by their terms.

  • We do not host livestreams, accept consideration for break participation, or determine the outcome of any break. We do not select which cards or teams a participant receives, and we do not control any randomization, allocation, or distribution mechanism used by any breaker or platform.

  • We do not endorse, recommend, or vouch for any specific breaker, livestream channel, group break, or platform. References to breakers or platforms inside the Service are descriptive only.

  • As of the Effective Date, BreakIQ does not receive payment, commission, referral fees, equity, advertising consideration, free product, complimentary slots, or any other thing of value from any breaker, livestream channel, group break, marketplace, or platform in exchange for inclusion in the Service, favorable analysis, recommendation, or placement. If this changes — for example, through paid placements, sponsored breakers, or referral arrangements — we will disclose it conspicuously in the Service and update these Terms before any such arrangement begins.

8. NOT FINANCIAL, INVESTMENT, GAMBLING, OR PURCHASING ADVICE

BreakIQ is an informational and entertainment product. It is not financial, investment, gambling, betting, tax, legal, or purchasing advice.

The Service's outputs — including but not limited to fair-value estimates, expected value (EV), break costs, slot pricing, BUY / WATCH / PASS signals, "BreakIQ Signals", sentiment scores, risk flags, hype tags, and historical comp data — are derived from third-party data sources and our own modeling. They:

  • Are estimates only and may be wrong.

  • Rely on third-party pricing and population data we do not control.

  • Do not predict future card values, pull rates, or break outcomes.

  • Should not be relied on as the sole basis for any purchase decision.

  • Are generated by automated systems, including third-party large-language-model providers, and may include factual errors or hallucinations.

  • Are not the recommendation, advice, or endorsement of any registered investment adviser, broker-dealer, FINRA member, or licensed gaming or sweepstakes operator. No fiduciary, advisory, or broker-client relationship is created by your use of the Service.

8.1 Sports card breaks and the law

Sports card breaks are operated by third parties and are classified differently in different states and countries. In some U.S. jurisdictions, breaks have been the subject of litigation or regulatory inquiry alleging that the format constitutes a lottery, sweepstakes, game of chance, or unlicensed gambling. Other jurisdictions treat breaks as ordinary retail sales of consumer goods. The legal classification of any specific break depends on facts we cannot evaluate, including the breaker's structure, the platform's rules, the consideration paid, the method of allocating cards, and the jurisdiction of the buyer and seller.

BreakIQ does not provide a legal opinion about whether any specific break, breaker, format, or platform is or is not gambling, a lottery, a sweepstakes, or otherwise lawful in your jurisdiction. We do not evaluate, license, or vouch for any breaker or platform. You are solely responsible for understanding and complying with the laws of your jurisdiction before participating in any break.

8.2 No advice to participate in any break

BUY / WATCH / PASS signals, "BreakIQ Signals", EV scores, and similar outputs reflect our analysis of publicly observable inputs about a listed break. They are not — and you must not treat them as — an instruction, encouragement, or recommendation to participate in any break, to spend any specific amount of money, or to wager. Any decision to buy a slot, a case, a card, or any other item is yours alone and at your sole risk.

8.3 Responsible play; problem-gambling resources

If you find that your participation in sports card breaks is causing financial, emotional, or relationship harm, please stop using the Service and seek help. In the United States, the National Council on Problem Gambling helpline is available 24/7 at 1-800-GAMBLER or by chat at ncpgambling.org. International users should consult their local problem-gambling resources.

8.4 Past performance

Past performance is not indicative of future results.

8.5 Risk acknowledgment; no recoupment, no money-back guarantee

Participating in any sports card break carries significant financial risk. By using the Service, you affirmatively acknowledge and accept this risk.

You may pay to enter a break, buy a slot, draft a team, purchase a case, or otherwise participate, and receive cards, hits, or product worth substantially less than what you paid — including, in many cases, items with little or no meaningful resale value. The financial risk associated with break participation is comparable in character to the risk associated with gambling, lottery tickets, prize draws, and other speculative activities, even where a particular break is not legally classified as gambling in your jurisdiction. You should never spend money on a break that you cannot afford to lose entirely.

Every value, price, range, fair-value estimate, expected value (EV), break cost, slot price, BUY / WATCH / PASS signal, sentiment score, risk flag, hype tag, comp, "BreakIQ Signals" output, and similar figure shown anywhere in the Service is a suggestion based on our analysis of available data at a point in time. It is not a guarantee, prediction, promise, warranty, or representation that:

  • any card, hit, or pull you receive will be worth the displayed amount, or any amount;

  • you will recoup the money you spend on a break, in whole or in part;

  • a break will be profitable, break-even, or otherwise financially favorable for you;

  • the market price reflected in the Service will be available to you at the time you attempt to sell;

  • any future sale, trade, or auction of a card will close at any particular price or in any particular timeframe;

  • third-party data we rely on (including CardHedger pricing, PSA population data, and community-submitted information) is current, accurate, complete, or representative of the price you will actually realize.

You acknowledge that you participate in any break entirely on your own accord and at your sole discretion; that you alone are responsible for evaluating the merits, risks, and legality of any break before participating; and that BreakIQ is not responsible, and bears no liability, if your participation results in a financial loss — even if you relied in whole or in part on Service outputs in making your decision. You further acknowledge that the value of sports cards is volatile, that pull rates are probabilistic, that pricing data lags actual market activity, that grading outcomes are uncertain, and that no analysis — whether ours, a competitor's, a breaker's, an influencer's, or your own — can eliminate the risk of loss inherent to break participation.

Just because the Service displays a value for a card, slot, hit, or break does not mean you will earn, recover, or realize that value.

8.6 Self-exclusion and responsible-use measures

If you believe your engagement with sports card breaks, the Service, or both is causing harm — financial, emotional, relational, or otherwise — you may request that we (a) disable BUY / WATCH / PASS signals on your account, (b) disable break-pricing analytics on your account, (c) suspend your account temporarily, or (d) close your account permanently, by emailing support@getbreakiq.com. We will honor reasonable self-exclusion requests within a reasonable time and will retain a record of the request for our internal compliance purposes (subject to the Privacy Policy). A self-exclusion request does not entitle you to a refund of fees already paid except where required by law.

We may, in our sole discretion and without obligation, surface responsible-use prompts, tracked-spending summaries, cool-down notices, or similar measures inside the Service. These measures are informational and do not constitute medical, psychological, financial, or counseling advice.

8.7 No engagement engineering

BreakIQ does not optimize the Service to maximize time-on-app, session length, notification volume, or break-purchase conversion. Our outputs (including BUY / WATCH / PASS signals, EV scores, sentiment scores, and risk flags) reflect our analysis of the inputs available to us; they do not reflect, and are not designed to reflect, an objective of getting you to engage more, purchase more, or participate more. We do not use variable-reward schedules, manufactured scarcity, false urgency, or similar dark-pattern techniques to drive participation.

8.8 No tax advice

Sports card breaks, slot purchases, card sales, and related transactions may have tax consequences in your jurisdiction, including but not limited to ordinary-income, capital-gain, collectible, or self-employment treatment, and may be reported by third-party platforms on Form 1099-K or similar. BreakIQ does not provide tax advice, does not track tax-relevant transactions, and is not a substitute for a qualified tax professional. You are solely responsible for understanding and complying with the tax laws of your jurisdiction.

8.9 Marketing communications and disclaimers

All marketing, advertising, promotional, and sales communications by or on behalf of BreakIQ — including website copy, landing pages, social-media posts, emails, push notifications, and influencer or affiliate communications — are subject to and qualified by the disclaimers in this Section 8 and Section 20 in their entirety. To the extent any marketing communication contains language inconsistent with those disclaimers (including, without limitation, references to "profits," "returns," "ROI," "guaranteed picks," or "making money"), the disclaimers in Sections 8 and 20 govern.

8.10 Specific high-risk jurisdictions

Some U.S. states and other jurisdictions have taken a more restrictive position toward sports card breaks, sweepstakes-style promotions, or analytics products that interact with break ecosystems. These include — without limitation — California (Assembly Bill 831, effective January 1, 2026), New York (Penal Law §225 and related guidance), Washington, Texas, and Florida. If you reside in or use the Service from any such jurisdiction, you bear additional responsibility for verifying that your participation in any break is lawful, and BreakIQ may, at any time and in its sole discretion, restrict or block access to specific features (including break-specific analytics) for users in specified jurisdictions.

8.11 No registration as adviser; sports cards are not securities

Mervin LLC is not registered as: an investment adviser under the U.S. Investment Advisers Act of 1940 or any state securities law; a broker-dealer with the U.S. Securities and Exchange Commission, FINRA, or any state; a commodity trading advisor or commodity pool operator with the Commodity Futures Trading Commission or the National Futures Association; a financial planner; a registered representative; an accountant; an attorney; a licensed gambling operator; or a licensed sweepstakes operator. We do not hold any license, registration, or qualification that authorizes us to give individualized investment, securities, commodities, financial, tax, accounting, legal, or gambling advice, and we do not give such advice through the Service.

Sports cards, breaks, slots, draft positions, hits, and the analytical outputs of the Service are not, and are not intended by us to be, "investment contracts," "securities," "commodity interests," or any analogous instrument under federal or state law, and we make no representation that any sports card, break, slot, hit, or output of the Service possesses, or will produce, the characteristics necessary to constitute any such instrument under SEC v. W. J. Howey Co., 328 U.S. 293 (1946), or any analogous test. You should not treat the Service as facilitating an investment in a common enterprise, nor expect profits to be derived solely or primarily from the efforts of others (including BreakIQ). The Service is a data and analytics tool — nothing more.

8.12 BUY / WATCH / PASS and similar outputs are opinion, not statement of fact

All BUY / WATCH / PASS signals, EV scores, sentiment scores, risk flags, hype tags, social-currency indicators, slot-pricing recommendations, fair-value ranges, narrative summaries, BreakIQ Signals outputs, and similar analytical outputs of the Service are statements of opinion, not statements of objectively verifiable fact, as those terms are used in defamation law (including under Milkovich v. Lorain Journal Co., 497 U.S. 1 (1990), and analogous state-law authorities). They reflect our analysis of the inputs available to us at a point in time and are not capable of being proved true or false in the manner of an objective fact. The framing of these outputs in terms such as "BUY," "WATCH," "PASS," "high risk," "low confidence," "hype," or "value" is a shorthand for our subjective analytical view and does not assert any objectively verifiable claim about any breaker, platform, athlete, set, manufacturer, card, or other person or entity.

Where the Service surfaces, summarizes, scores, ranks, or otherwise processes content submitted by other users (including Discord /insight contributors), the resulting analytical output reflects BreakIQ's opinion of the underlying contributor content, not a republication of any factual claim made by any contributor. Factual claims made by contributors remain the contributor's claims, subject to Section 11.6 and to the limitations of Section 230 of the Communications Decency Act.

8.13 Pre-suit notice and cure period

Before commencing any lawsuit, arbitration, mass action, regulatory complaint, demand letter, or other formal proceeding against Mervin LLC arising out of or relating to the Service, these Terms, or any output, signal, or statement of the Service, you must (a) send a written notice to legal@getbreakiq.com describing in reasonable detail the alleged claim, the specific factual basis, the specific outputs or statements at issue, the specific provision of these Terms or applicable law alleged to have been violated, the relief sought, and the legal theories asserted; (b) provide your full name, account email, mailing address, and dates of relevant Service use; and (c) afford Mervin LLC a period of at least sixty (60) days from receipt of the notice to investigate the claim and, at our discretion, attempt to resolve it informally, correct or remove any output, refund any disputed fee, or otherwise cure the alleged issue. The 60-day notice and cure period will run before any limitations, deadline, or filing period applicable to your claim begins to run as against Mervin LLC. Failure to comply with this Section is an independent ground for dismissal of any premature filing and may, at the court's or arbitrator's discretion, support an award of fees against you.

This Section does not apply to: (a) claims that you may bring in small-claims court if the claim qualifies; (b) claims for emergency injunctive relief to prevent imminent and irreparable harm; or (c) any government enforcement action.

8.14 No inducement to participate in breaks

Nothing in the Service, in any output of the Service, in any marketing or promotional communication, or in any third-party reference to the Service is intended by Mervin LLC to induce, encourage, advise, recruit, persuade, or solicit you, or any person, to enter into, participate in, place money into, or remain in any sports card break, slot, draft, raffle, sweepstakes, lottery, or analogous activity. The Service exists to provide analysis to persons who have already made, or who are independently considering, a decision to participate in such activities. The Service is not a marketing channel for breakers, platforms, or operators of any such activity, and any references to specific breakers, platforms, sets, or products are descriptive only.

9. Third-party data

Pricing data is provided by CardHedger. Population and certification data is provided by PSA. Other data may come from public sources or our community contributors. We do not guarantee the accuracy, completeness, or timeliness of any third-party data, and we are not responsible for errors or omissions in that data.

Your use of CardHedger or PSA data through the Service is subject to those providers' terms, and you may not extract, redistribute, or commercialize their data outside the Service.

10. User-generated content

The Service allows you to submit content, including:

  • "My Breaks" entries (analysis snapshots, outcomes, notes).

  • Profile fields (name, hobby preferences, "best pull").

  • Discord /insight submissions (if you are an allowlisted contributor).

  • Feedback on whether analyses were helpful.

(All of the above are referred to as "Your Content.")

10.1 Visibility

  • "My Breaks" entries and most profile fields are private to your account.

  • Discord /insight submissions, once confirmed, are intended to be visible to other authenticated BreakIQ users as part of the analysis surfaces, with attribution to your Discord display name. By submitting /insight, you consent to this.

10.2 License to BreakIQ

You retain ownership of Your Content. You grant BreakIQ a worldwide, royalty-free, non-exclusive, sublicensable license to host, store, reproduce, modify, create derivative works from, display, and use Your Content for the purposes of operating, securing, improving, and promoting the Service. This license ends for new uses (but survives for archival and back-up purposes) when you delete the content or your account, except where retention is required by law.

10.3 Your representations

You represent that:

  • You own or have the necessary rights to submit Your Content.

  • Your Content does not violate any law, third-party rights (including intellectual-property and privacy rights), or these Terms.

  • Your Content does not include sensitive personal information about you or anyone else (financial-account numbers, government identifiers, health information, etc.).

  • Your Content does not include images of cards or memorabilia you do not own or have permission to photograph and submit; images of identifiable third persons (other than athletes whose likeness appears on a published trading card) without their consent; or content depicting minors.

10.4 Moderation

We are not obligated to monitor, edit, or pre-screen Your Content. We may, at our discretion, remove or refuse to publish any submission that we believe violates these Terms or harms the Service or its users.

We are an interactive computer service provider as that term is used in 47 U.S.C. § 230 ("Section 230"). We rely on Section 230 and analogous state and international protections, and nothing in these Terms is a waiver of those protections. We are not a publisher of Your Content, even when our moderation tools display, hide, rank, or remove it.

11. Intellectual property

11.1 Our IP

The Service — including the BreakIQ name and logo, the website, the software, the user interface, our scoring methodology, our content, and any associated documentation — is owned by Mervin LLC and protected by intellectual-property laws. Subject to your compliance with these Terms, we grant you a personal, limited, revocable, non-transferable, non-sublicensable license to access and use the Service for your own non-commercial use.

11.2 Third-party IP

Player names, team names, league marks, manufacturer names, set names, and card images are the property of their respective owners. CardHedger pricing data, PSA certification data, and any other third-party data are the property of those providers. These Terms do not grant you any rights in third-party IP.

References to athletes, teams, leagues, or trading-card manufacturers within the Service are nominative — we use them to identify the cards or breaks being analyzed — and do not imply any sponsorship, affiliation, or endorsement by those parties.

11.3 Feedback

If you give us suggestions or feedback about the Service, you grant us a perpetual, irrevocable, royalty-free license to use that feedback for any purpose, without obligation to you.

11.4 DMCA copyright policy

We respect the intellectual property rights of others and respond to clear notices of alleged copyright infringement consistent with the U.S. Digital Millennium Copyright Act (17 U.S.C. § 512).

Filing a DMCA notice

If you believe content available through the Service infringes a copyright you own or are authorized to enforce, send a notice to our designated agent that includes:

  • Your physical or electronic signature.

  • Identification of the copyrighted work claimed to be infringed.

  • Identification of the material that is claimed to be infringing and where it appears in the Service (a URL, screenshot, or sufficient description).

  • Your name, address, telephone number, and email.

  • A statement that you have a good-faith belief that the use is not authorized by the copyright owner, its agent, or the law.

  • A statement, under penalty of perjury, that the information is accurate and that you are the copyright owner or authorized to act on the owner's behalf.

Send notices to our designated copyright agent: Kyle Miller, Co-Founder, Mervin LLC, Attn: Copyright Agent, 718 N 2nd St, #345, Philadelphia, PA 19123 ; email dmca@getbreakiq.com.

Counter-notice

If your content was removed and you believe the removal was a mistake or misidentification, you may submit a counter-notice including: your physical or electronic signature; identification of the removed material and where it appeared; a statement under penalty of perjury that you have a good-faith belief the material was removed by mistake or misidentification; your name, address, and telephone number; a statement consenting to the jurisdiction of the federal district court for the judicial district where you reside (or, if outside the U.S., the U.S. District Court for the Eastern District of Pennsylvania); and a statement that you will accept service of process from the original complainant. Send counter-notices to dmca@getbreakiq.com.

Repeat infringers

We will, in appropriate circumstances, terminate the accounts of users we determine are repeat infringers.

11.5 Trademark and right of publicity

Athlete names, images, signatures, and likenesses on cards and in card images are trademarks and rights of publicity owned by the athletes, teams, leagues, manufacturers, or licensees. We do not claim, and these Terms do not grant you, any right to use those marks or likenesses outside of accessing the Service. References to athletes within the Service do not imply that any athlete endorses BreakIQ.

Mervin LLC's use of athlete names, team names, league names, manufacturer names, set names, and related identifying terms within the Service is intended to qualify as nominative fair use under U.S. trademark law and as descriptive use under applicable right-of-publicity laws — that is, we use these terms only to identify the underlying card, set, player, or break that is the subject of the analysis, in a way no broader than reasonably necessary to identify it, and in a way that does not suggest sponsorship or endorsement by the trademark or right-of-publicity holder. The Service is not affiliated with, sponsored by, endorsed by, or licensed by Major League Baseball, the National Basketball Association, the National Football League, the National Hockey League, the MLB Players Association, NFL Players Association, NBA Players Association, NHL Players Association, Topps, Panini, Upper Deck, Bowman, Fanatics, Fanatics Live, Whatnot, eBay, PSA, Beckett, SGC, CGC, CardHedger, or any other rights holder unless we expressly state otherwise in writing.

If you are a trademark holder or right-of-publicity holder and you believe that the Service's use of your mark or likeness exceeds nominative fair use or otherwise infringes your rights, please send a written notice to legal@getbreakiq.com with: (a) identification of the mark or likeness; (b) the basis for your claim; (c) a description of the specific use in the Service; (d) your contact information; and (e) a good-faith statement of your authority to act on behalf of the rights holder. We will review notices in good faith and may, at our discretion, modify or remove the challenged use.

11.6 Contributor content; license and takedown

"Contributor Content" means narratives, observations, sentiment, hype tags, scoring inputs, comments, ratings, images, and other content that you (or other users) submit to the Service, including through the Discord /insight contributor system or any equivalent mechanism that we offer.

License from contributors. By submitting any Contributor Content, you grant Mervin LLC a worldwide, non-exclusive, royalty-free, sublicensable, transferable license to host, store, reproduce, modify, translate, summarize, score, analyze (including with AI systems), display, and distribute your Contributor Content within the Service and in materials that promote or describe the Service, in any media now known or later developed. You retain ownership of the underlying Contributor Content, but you grant the foregoing license for the duration of any applicable copyright. You waive moral rights and similar rights to the maximum extent permitted by law.

Contributor representations. You represent and warrant that: (a) you own or have the necessary rights to submit the Contributor Content; (b) the Contributor Content does not, and our use of it as permitted above will not, infringe, misappropriate, or violate the IP rights, privacy rights, publicity rights, contractual rights, or other rights of any person; (c) the Contributor Content is not unlawful, defamatory, fraudulent, harassing, threatening, or designed to deceive other users; (d) any factual statements you make about a third party (including any breaker, platform, or seller) are made in good faith and based on information you reasonably believe to be true; (e) you are not impersonating any person or misrepresenting your relationship to any breaker, platform, or product; and (f) you are not posting Contributor Content in exchange for, or pursuant to, any undisclosed compensation, advertising, or marketing arrangement.

Defamatory or unlawful Contributor Content. If you believe that Contributor Content displayed in the Service is defamatory, infringes your IP, violates your privacy or right of publicity, or is otherwise unlawful as to you, please send a written notice to legal@getbreakiq.com with: (a) identification of the specific Contributor Content; (b) the basis for your complaint; (c) the specific factual or legal grounds; (d) your contact information; and (e) a good-faith statement that the complaint is made in good faith. We will review notices in good faith and may, at our discretion, remove, modify, annotate, or retain the Contributor Content. Removal of Contributor Content does not constitute admission that the content was unlawful or defamatory.

Mervin LLC's role with respect to Contributor Content. Mervin LLC is a provider and curator of the Service, not a publisher or originator of Contributor Content. We may, but are not required to, review, score, summarize, rank, edit, or remove Contributor Content. Our exercise of any such discretion does not waive any defense available to us under Section 230 of the Communications Decency Act, the First Amendment, or applicable state-law analogues. Where we apply AI to Contributor Content (for example, by summarizing or scoring narratives), the AI output is BreakIQ's output and is subject to Section 20.

12. Termination

12.1 By you

You may stop using the Service at any time. To cancel a paid plan, use the Stripe Customer Portal. To delete your account and associated data, email support@getbreakiq.com and we will process the request as described in the Privacy Policy.

12.2 By us

We may suspend or terminate your account or limit access to the Service at any time, with or without notice, if we reasonably believe you have violated these Terms, used the Service to harm others, exposed us to legal or regulatory risk, or engaged in fraud or abuse. We may also discontinue the Service entirely on reasonable notice.

12.3 Effect of termination

On termination your right to use the Service ends. Sections that by their nature should survive termination — including Sections 5.5, 8, 9, 10, 11, 13, 14, 15, 16, 17, 19 (if included), and 18 — will survive.

13. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MERVIN LLC AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, AND LICENSORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT:

  • THE SERVICE WILL BE AVAILABLE, UNINTERRUPTED, SECURE, OR ERROR-FREE.

  • ANY ANALYSIS, ESTIMATE, SIGNAL, SCORE, FAIR VALUE, EV, OR PRICE PRODUCED BY THE SERVICE IS ACCURATE, RELIABLE, OR FIT FOR ANY PARTICULAR USE.

  • THIRD-PARTY DATA (INCLUDING CARDHEDGER PRICING AND PSA POPULATION DATA) IS COMPLETE, CURRENT, OR ACCURATE.

  • AI-GENERATED OUTPUTS WILL BE FREE OF ERROR, BIAS, OR HALLUCINATION, OR WILL CORRECTLY IDENTIFY ANY CARD, PLAYER, ATHLETE, BREAKER, OR PLATFORM.

  • ANY BREAK IS LAWFUL, OR THAT YOUR PARTICIPATION IN ANY BREAK IS LAWFUL, IN YOUR JURISDICTION.

  • THE SERVICE WILL OPERATE WHEN ANY UPSTREAM PROVIDER (INCLUDING ANTHROPIC, CARDHEDGER, PSA, STRIPE, SUPABASE, VERCEL, RESEND, POSTHOG, GOOGLE, OR DISCORD) IS DEGRADED, UNAVAILABLE, OR DISCONTINUED, OR THAT WE WILL CONTINUE TO USE ANY SPECIFIC UPSTREAM PROVIDER OR MODEL VERSION.

YOU ASSUME ALL RISK ARISING FROM YOUR USE OF THE SERVICE AND ANY RELIANCE ON ITS OUTPUTS.

The Service depends on third-party providers, networks, and APIs. Outages, deprecations, latency, errors, or rate limiting by those providers will degrade or interrupt the Service, and we are not in breach of these Terms when this occurs. We do not commit to any specific availability target, uptime SLA, response time, or data freshness window unless we expressly do so in a separate written agreement.

14. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

  • No indirect or consequential damages. Mervin LLC and its affiliates, officers, employees, agents, and licensors will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, data, business opportunity, goodwill, or cards, in each case arising out of or in connection with the Service or these Terms, even if we have been advised of the possibility of such damages.

  • Enumerated excluded damages. The categories of damages excluded under the preceding bullet expressly include, without limitation: (i) the cost of break entries, slot purchases, draft slots, case purchases, raffle entries, or other amounts paid to any breaker, platform, or third party; (ii) the difference between any displayed BreakIQ value (including fair value, EV, slot price, BUY / WATCH / PASS implication, or comparable figure) and any price you pay or receive in any actual transaction; (iii) the value of any card, hit, or pull that you did not receive; (iv) any amount you would have received in a sale, trade, or auction had it occurred at a different time or price; (v) lost professional opportunities, lost employment, lost reputation, or emotional distress; (vi) lost data, lost time, lost interest, or lost ability to use other services; (vii) tax liabilities or penalties; and (viii) any consequential financial loss arising from your reliance on any output of the Service or any decision you made in connection with the Service.

  • Aggregate cap. Our total aggregate liability arising out of or in connection with the Service or these Terms is limited to the greater of (a) the amount you paid us for the Service in the 12 months immediately preceding the event giving rise to the liability, or (b) USD $100.

  • Basis of the bargain. These limitations apply regardless of the legal theory (contract, tort, statute, or otherwise) and form an essential basis of the bargain between you and us. Some jurisdictions do not allow some of these exclusions or limitations, so they may not apply to you in full.

  • Statute of limitations. To the maximum extent permitted by law, any claim arising out of or in connection with the Service or these Terms must be filed within one (1) year after the cause of action arises; otherwise the claim is permanently barred.

  • No tort duty of care; no fiduciary duty. Mervin LLC owes you only the contractual obligations expressly set forth in these Terms. We do not assume, and you may not impose on us, any duty of care, duty of accuracy, duty to warn, fiduciary duty, advisory duty, or duty of good faith and fair dealing beyond what is implied by the express terms of this contract under applicable law. Any claim sounding in negligent misrepresentation, negligence, professional negligence, gross negligence (other than as expressly carved out elsewhere in these Terms), or breach of fiduciary duty is governed by the contractual limitations and exclusions in this Section 14 to the maximum extent permitted by law.

15. Indemnification

You will defend, indemnify, and hold harmless Mervin LLC and its affiliates, officers, employees, agents, and licensors from and against any third-party claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your use of the Service; (b) Your Content; (c) your violation of these Terms; (d) your violation of any law or third-party right; or (e) your participation in any sports card break or transaction with a third-party breaker or platform; (f) any claim that your use of the Service constituted illegal gambling, a lottery, or an unlicensed sweepstakes in your jurisdiction; or (g) any breach of your representations in Section 3.5 (sanctions and jurisdiction).

Your indemnification obligation does not extend to claims to the extent caused by our gross negligence, willful misconduct, or violation of law. We may, at our option and expense, assume the exclusive defense and control of any matter for which you have agreed to indemnify us, in which case you agree to cooperate with our defense. You may not settle any claim covered by this section without our prior written consent.

16. Communications

By creating an account, you consent to receive transactional messages from us by email (such as account, billing, security, and important product notices). Marketing emails are sent only with your consent and you can unsubscribe at any time.

16.1 Marketing emails

If you opt in to marketing communications (e.g., new-feature announcements, beta-program updates, hobby-content newsletters), you may opt out at any time by clicking "unsubscribe" in any marketing email or by updating your preferences in your account settings. Opting out of marketing does not turn off transactional emails.

16.2 SMS / text messages

If you opt in to SMS / text messages — for example, by providing your mobile telephone number and clicking the SMS-consent checkbox at signup, in your account settings, or in response to a campaign-specific opt-in prompt — you provide express written consent under the federal Telephone Consumer Protection Act (47 U.S.C. § 227, "TCPA"), the regulations of the Federal Communications Commission, and analogous state laws to receive automated and non-automated text messages from BreakIQ at the number you provide. The categories of messages you may receive include account and security notifications, transactional messages relating to your subscription, break or pricing alerts you have configured, and — only if you separately opt in to marketing — promotional messages about BreakIQ features, releases, or offers.

Consent is not a condition of purchase. Your consent to receive marketing or promotional text messages is not required to use the Service or to purchase any plan; you may use BreakIQ without providing a mobile number or consenting to SMS.

  • Message frequency varies based on the categories you have opted into and your account activity.

  • Message and data rates may apply. Mervin LLC is not responsible for charges imposed by your wireless carrier.

  • Reply STOP to any text message to opt out of all further marketing and promotional messages from that campaign. Reply HELP for assistance. You can also opt out of all SMS by emailing support@getbreakiq.com or by removing your mobile number from your account settings.

  • Carriers (including AT&T, T-Mobile, Verizon, and others) are not liable for delayed or undelivered messages.

  • We do not sell, rent, or share your mobile telephone number or your SMS opt-in status with third parties for their own marketing purposes. We may share your mobile number with our SMS service provider solely to deliver messages on our behalf.

If you change or deactivate the mobile number on file, you are responsible for updating your account so that we do not continue to send messages to a number that has been reassigned. Mervin LLC is not liable for messages sent to a number you previously consented to receive messages at if you did not update your account.

16.3 Push notifications

If you install a future BreakIQ mobile app, you may receive push notifications. You can disable push notifications in your device settings. Some Service features may not work if push is disabled.

17. Changes to these Terms

We may update these Terms from time to time. If changes are material we will notify you by email or in the Service at least 30 days before they take effect. Continued use of the Service after the effective date means you accept the updated Terms. If you do not agree, you must stop using the Service before the effective date.

If a change to these Terms or a new section materially expands the binding individual-arbitration agreement or class-action waiver in Section 19, we will give you a separate, conspicuous opportunity to opt out, consistent with that section.

18. Governing law and dispute resolution

18.1 Governing law

These Terms are governed by the laws of the Commonwealth of Pennsylvania, without regard to its conflict-of-law principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

Nothing in this Section displaces any non-waivable consumer-protection right that the law of your jurisdiction of residence grants you. Where the law of your jurisdiction of residence provides a non-waivable consumer right, you may exercise that right notwithstanding the choice of Pennsylvania law in this Section.

18.2 Venue

Subject to Section 18.3 and Section 19 (if included), any dispute arising out of or relating to these Terms or the Service must be brought exclusively in the United States District Court for the Eastern District of Pennsylvania (or, if that court lacks subject-matter jurisdiction, in the Court of Common Pleas of Philadelphia County, Pennsylvania), and you consent to the personal jurisdiction of those courts and waive any objection based on inconvenient forum.

18.3 Informal resolution

Before filing any formal action, you agree to first contact us at support@getbreakiq.com with a description of the dispute and to attempt to resolve it informally for at least 30 days.

18.4 [REMOVED — see Section 19]

[The arbitration and class-action waiver is moved to a stand-alone Section 19 to make it more conspicuous.]

19. Binding individual arbitration; class-action waiver; jury-trial waiver

Subject to your right to opt out under Section 19.6, you and Mervin LLC agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service — including the formation, interpretation, breach, or enforceability of these Terms (a "Dispute") — will be resolved exclusively through binding individual arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules in effect at the time the demand is filed.

19.1 Disputes covered

This Section 19 applies to all Disputes between you and Mervin LLC, including its officers, directors, employees, agents, affiliates, and licensors, whether based on contract, tort, statute, fraud, misrepresentation, or any other legal theory.

19.2 Disputes NOT covered

This Section 19 does not apply to: (a) claims of intellectual-property infringement that either party may bring in court; (b) actions for injunctive or equitable relief to protect intellectual property or confidential information; (c) small-claims actions you may bring in your local small-claims court if the claim qualifies; or (d) actions to enforce a final arbitration award.

19.3 Arbitration procedure

Arbitration will be conducted by a single neutral arbitrator selected under AAA rules. Hearings will be held by video, telephone, or — at the arbitrator's discretion — in Philadelphia, Pennsylvania, or your county of residence. The arbitrator's award is final and binding. Judgment on the award may be entered in any court of competent jurisdiction.

19.4 Class-action waiver

EACH PARTY WAIVES THE RIGHT TO PARTICIPATE IN ANY CLASS, COLLECTIVE, OR CONSOLIDATED ACTION OR PROCEEDING. You may bring claims only on an individual basis. The arbitrator may not consolidate more than one person's claims and may not preside over any form of representative or class proceeding. If a court determines that this class-action waiver is unenforceable, then this Section 19 is void as to the affected claims, and those claims (only) will be heard in court — but the rest of these Terms will remain in effect.

California-specific carve-out. Notwithstanding anything to the contrary in this Section 19, if you are a California resident, you may bring a claim seeking public injunctive relief in a California state or federal court of competent jurisdiction (as that term is interpreted under California law, including McGill v. Citibank, N.A., 2 Cal. 5th 945 (2017)). All other claims — including any individual claim for damages or restitution that accompanies a request for public injunctive relief — remain subject to the rest of this Section 19. If a court determines that this carve-out is required to make this Section 19 enforceable as to a California resident's other claims, the carve-out is severable and the remainder of this Section 19 will continue in effect as to those claims.

19.5 Jury-trial waiver

EACH PARTY WAIVES ANY RIGHT TO A JURY TRIAL FOR ANY DISPUTE COVERED BY THIS SECTION 19.

19.6 30-day opt-out

You may opt out of this Section 19 by sending written notice to arbitration@getbreakiq.com within 30 days of (a) the date you first accept these Terms or (b) the effective date of any later amendment to this Section 19, whichever is later. The notice must state your full name, account email, and that you opt out of the arbitration agreement. If you opt out, neither party will be bound by Section 19, but the rest of these Terms — including the class-action waiver in 19.4 and the jury-trial waiver in 19.5 — will continue to apply.

19.7 Fees

Each party will bear its own attorneys' fees and costs in connection with any arbitration commenced under this Section 19, except where the AAA Consumer Arbitration Rules or applicable law require otherwise. Mervin LLC will pay any filing, administrative, or arbitrator fees imposed by the AAA that exceed the amount you would have paid to file the same claim in the state or federal courts of the Commonwealth of Pennsylvania, up to the limits set by the AAA Consumer Arbitration Rules. The fee allocation in this Section 19.7 does not apply to Coordinated Filings, which are governed by Section 19.8.

19.8 Mass-arbitration protocol

If twenty-five (25) or more arbitration demands of a substantially similar nature are filed against Mervin LLC by, or in coordination with, the same law firm, group of law firms, or coordinating organization within a sixty (60) day period ("Coordinated Filings"), the following mass-arbitration protocol applies in addition to (and where it conflicts with, in modification of) the AAA Consumer Arbitration Rules:

  • (a) AAA Mass Arbitration Supplemental Rules. Coordinated Filings will be administered under the AAA's Mass Arbitration Supplemental Rules in effect at the time of filing, including any process for global mediation, staggered fee payment, and bellwether selection that those rules contemplate. To the extent the AAA Mass Arbitration Supplemental Rules conflict with the AAA Consumer Arbitration Rules referenced in this Section 19, the Mass Arbitration Supplemental Rules govern as to the Coordinated Filings.

  • (b) Pre-arbitration informal resolution. Each individual claimant in a Coordinated Filing must first comply with the pre-suit notice and 60-day cure period in §8.13 of these Terms before filing an arbitration demand. Demands that do not comply with §8.13 may be dismissed by the arbitrator at the demand of Mervin LLC, with the cost of the dismissal motion and reasonable attorneys' fees borne by the non-complying claimant.

  • (c) Fee allocation in Coordinated Filings. Notwithstanding §19.7 or any AAA rule that might allocate fees to Mervin LLC, in Coordinated Filings each claimant is responsible for the claimant's share of AAA filing fees up to the amount the claimant would have paid to file the same claim in the courts of the Commonwealth of Pennsylvania. Mervin LLC will pay any fees in excess of that amount that AAA assesses to Mervin LLC. This allocation does not apply to a single, non-coordinated arbitration demand.

  • (d) Tolling. The deadlines for responding to demands and for advancing fees in Coordinated Filings are tolled until the AAA Mass Arbitration administrative process has concluded its initial intake and the bellwether process under §19.9 (if applicable) has been completed.

19.9 Bellwether procedure

If Coordinated Filings cannot be resolved through mediation under the AAA Mass Arbitration Supplemental Rules, the parties agree to a bellwether procedure: (a) the parties will jointly select up to ten (10) bellwether claims that are representative of the Coordinated Filings; (b) those bellwether claims will proceed to individual arbitration on an expedited basis; (c) for the duration of the bellwether process, the remaining Coordinated Filings will be stayed; (d) after the bellwether arbitrations conclude, the parties will participate in a second mediation that incorporates the outcomes of the bellwether process; and (e) any Coordinated Filing that is not resolved in mediation following the bellwether process will then proceed to individual arbitration in accordance with the AAA Mass Arbitration Supplemental Rules. The bellwether procedure does not waive the requirement that each Coordinated Filing be resolved on an individual (non-class) basis under §19.4.

20. AI-Specific terms

20.1 AI components

Several Service features rely on artificial-intelligence (AI) and machine-learning systems, including third-party large-language-model (LLM) providers (currently Anthropic via the Claude API). AI is involved in, among other things: (a) the Card Lookup tool's identification of card sets, players, parallels, serial numbering, and condition signals from images and text inputs; (b) parsing and scoring of Discord narratives submitted via the /insight contributor system; (c) the generation of BUY / WATCH / PASS signals, EV scores, sentiment scores, risk flags, hype tags, and "BreakIQ Signals" outputs; and (d) summary commentary and rationale produced anywhere in the Service. Where AI is used, the resulting output is generated by software, not by a human expert.

We may, at any time and in our sole discretion, change, upgrade, downgrade, substitute, replace, retire, or supplement the AI providers, models, model versions, system prompts, fine-tuning configurations, retrieval pipelines, parsing pipelines, or any other technical components that produce AI outputs in the Service. We may make these changes without prior notice. We do not commit to using any specific AI provider, model, model version, or technical configuration, and the historical behavior, accuracy, latency, tone, or output style of the Service does not constitute a representation that those characteristics will be maintained. Output produced before and after such a change may differ materially.

20.2 AI outputs may be wrong, incomplete, or fabricated

AI outputs are not authoritative and must not be relied on as the sole basis for any purchase, sale, grading, authentication, or break-participation decision.

AI systems — including the LLMs the Service uses — are known to produce outputs that are incorrect, outdated, biased, internally inconsistent, or entirely fabricated (commonly called "hallucinations"). When you use the Service, AI may, without limitation:

  • misidentify a card's set, year, manufacturer, parallel, insert, serial numbering, print run, or player;

  • confuse visually similar parallels (for example, base versus refractor, gold versus orange, /99 versus /199), variations, or short-prints, leading to a value estimate that does not match the card you actually have or are bidding on;

  • invent a card, set, parallel, insert, prospect ranking, comp sale, population number, or grading-population breakdown that does not exist;

  • produce a fair-value estimate, slot price, EV, or BUY / WATCH / PASS signal that is materially different from the price the card or break would actually realize on any given marketplace at any given time;

  • misread Discord /insight narratives, attribute statements to the wrong source, overweight or underweight community sentiment, or apply outdated player or prospect information;

  • fail to account for grading risk, condition risk, post-pull-market shifts, breaker-specific pull rates, regional demand, or other facts a careful buyer would consider;

  • present low-confidence outputs in language that sounds confident, definitive, or expert.

You acknowledge these risks and accept them. AI outputs are not the verified opinion of a graded-card authenticator, a professional appraiser, a registered investment adviser, a broker-dealer, or a licensed gaming or sweepstakes operator, and they do not create any fiduciary, advisory, or professional relationship between you and BreakIQ.

20.3 Reliance on AI outputs is at your sole risk

Every AI output displayed in the Service — including identifications, values, signals, scores, narratives, and explanations — is a suggestion based on automated analysis of the inputs available at the time, and is subject in full to the risk acknowledgment in Section 8.5.

Just because the Service's AI displays a value, identification, or signal does not mean the underlying card, slot, hit, or break will perform that way for you, and BreakIQ is not responsible if you act on an AI output and lose money, overpay, miss a sale, mis-grade a card, mis-identify a card, or otherwise suffer a financial or non-financial loss.

Before relying on any AI output for a transaction with non-trivial financial consequences, you should independently verify the underlying facts — including by inspecting the physical card, consulting an independent grader or appraiser, reviewing recent sold-comp data on at least one marketplace, and checking authoritative checklists. The Service is a starting point for your own analysis; it is not a substitute for it.

20.4 Automated decision-making

BUY / WATCH / PASS signals, EV scores, sentiment scores, risk flags, and similar outputs are generated by automated systems. They do not produce legal effects on you and they do not significantly affect you within the meaning of Article 22 of the EU GDPR or analogous provisions of U.S. state privacy laws. They are informational signals, not decisions made about you. You may request a human review of any AI output by emailing support@getbreakiq.com. We will respond within a reasonable time and may, at our discretion, correct, override, annotate, or remove the output.

20.5 Inputs we send to AI providers

To power AI features we send transient inputs to our AI providers, including (a) card images you upload to the Card Lookup tool, (b) Discord narratives you submit through /insight, and (c) card descriptors and metadata derived from CardHedger, PSA, and other sources. Our agreements with AI providers require them not to use these inputs to train their foundation models. We do not retain your card images on our servers after the request completes. See the Privacy Policy for full details on inputs, retention, and subprocessors.

20.6 Restrictions on AI outputs

You may not (a) republish, resell, syndicate, or distribute AI outputs as a stand-alone product, dataset, or feed; (b) use AI outputs, in whole or in part, to train, evaluate, fine-tune, benchmark, or develop any other AI or machine-learning system; (c) misrepresent AI outputs as the work, opinion, or endorsement of a human professional, a graded-card authenticator, a registered adviser, a broker, or BreakIQ itself; (d) use AI outputs to harass, defraud, deceive, or harm any other person, breaker, platform, marketplace, or community; or (e) use AI outputs to manipulate, front-run, pump, dump, or otherwise interfere with any market for sports cards, breaks, or related products.

20.7 No warranty as to AI

All AI outputs are provided "AS IS" and "AS AVAILABLE." To the maximum extent permitted by law, we disclaim all warranties with respect to AI outputs, including warranties of accuracy, completeness, currency, fitness for a particular purpose, non-infringement, and merchantability. Section 13 (Disclaimers) and Section 14 (Limitation of Liability) apply in full to AI outputs.

21. Export controls and sanctions

The Service may include encryption or other features subject to U.S. export-control laws administered by the Department of Commerce, the Department of the Treasury's Office of Foreign Assets Control (OFAC), and other agencies. You may not access, download, or use the Service: (a) from any country subject to a comprehensive U.S. embargo (including, as of the date of these Terms, Cuba, Iran, North Korea, Syria, and the Crimea, Donetsk, and Luhansk regions of Ukraine); (b) if you are listed on, or owned by an entity listed on, the OFAC Specially Designated Nationals List, the Commerce Department's Denied Persons List or Entity List, or any analogous list; or (c) for any purpose prohibited by U.S. law, including the development or production of nuclear, missile, chemical, or biological weapons. By using the Service, you represent that none of these prohibitions apply to you.

22. Accessibility

We design BreakIQ with accessibility in mind and aim for substantial conformance with the Web Content Accessibility Guidelines (WCAG) 2.1, Level AA. If you encounter accessibility barriers in the Service, please email support@getbreakiq.com and we will use reasonable efforts to address them. This commitment does not create any contractual right of accessibility beyond what is required by applicable law (including the Americans with Disabilities Act).

Cooperative resolution and notice-and-cure for accessibility claims. Before commencing any lawsuit, demand letter, complaint to a regulator, arbitration, or other formal proceeding alleging that the Service does not comply with the Americans with Disabilities Act, the Rehabilitation Act, the Unruh Civil Rights Act, the New York Human Rights Law, the New York City Human Rights Law, the California Disabled Persons Act, or any analogous federal, state, or local accessibility law, you must (a) send a written notice to accessibility@getbreakiq.com describing the specific URL or screen, the specific barrier encountered, the assistive technology used, and the relief sought; and (b) afford Mervin LLC at least forty-five (45) days to investigate and, at our discretion, remediate the alleged barrier. Mervin LLC commits to investigate accessibility complaints in good faith, to communicate with you regarding remediation timelines, and to make reasonable engineering effort to remediate identified barriers within the cure period. The cooperative-resolution and cure-period requirements in this paragraph are in addition to, not in place of, the pre-suit notice and cure requirement in §8.13, and the more specific requirement governs as to accessibility claims. Failure to comply with this paragraph is an independent ground for dismissal of any premature filing.

23. Miscellaneous

  • Entire agreement. These Terms and the Privacy Policy are the entire agreement between you and us regarding the Service and supersede any prior agreements.

  • No assignment. You may not assign these Terms without our prior written consent. We may assign these Terms without restriction.

  • No waiver. Our failure to enforce any provision is not a waiver of that provision.

  • Severability. If any provision is held unenforceable, the remaining provisions remain in effect, and the unenforceable provision will be modified to the minimum extent necessary to make it enforceable.

  • No agency. Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship between you and us.

  • Force majeure. We are not liable for delays or failures caused by events beyond our reasonable control, including acts of God, natural disasters, fires, floods, pandemics or public-health emergencies, war, terrorism, civil unrest, government action or directive, labor disputes, internet or telecommunications failures, third-party service outages (e.g., Vercel, Supabase, Stripe, Anthropic, Discord, CardHedger, PSA), and cyberattacks.

  • Notices. We may give you notice by email, by posting in the Service, or by any other reasonable means.

  • Notices to us. Send legal notices to Mervin LLC, Attn: Legal, 718 N 2nd St, #345, Philadelphia, PA 19123, with a copy to support@getbreakiq.com.

  • Headings; interpretation. Section headings are for convenience only and do not affect interpretation. "Including" means "including without limitation." References to statutes include their successor or amended versions.

  • Language. These Terms are written in English. Any translation is provided for convenience; in case of conflict the English version controls.

  • Survival. The following Sections survive termination or expiration of these Terms (or your account) for as long as any claim could plausibly be brought: §3.5 (sanctions reps), §5.8 (Stripe data delegation), §7 (Third-party platforms), §8 (Disclaimers regarding advice, gambling, breaks, risk acknowledgment), §9 (Third-party data), §10 (User-generated content) only as to its representations and indemnities, §11 (Intellectual property, including §11.5 trademark/RoP and §11.6 contributor content license/takedown), §13 (Disclaimers), §14 (Limitation of liability), §15 (Indemnification), §17 (Changes — for limited interpretive purposes), §18 (Governing law and dispute resolution), §19 (Arbitration / class waiver / jury waiver, including the 30-day opt-out and California carve-out), §20 (AI-specific terms, including §20.7 AI warranty disclaimer), §21 (Export controls), and this §23 (Miscellaneous). All other provisions survive only as their nature reasonably contemplates.

24. Contact

Mervin LLC (d/b/a BreakIQ)

Email: support@getbreakiq.com

DMCA: dmca@getbreakiq.com

Arbitration opt-out: arbitration@getbreakiq.com (if Section 19 is included)

Mailing address: 718 N 2nd St, #345, Philadelphia, PA 19123