Terms of Use

1. Scope of These Terms

These Terms of Use ("Terms") govern your access to and use of AXCI, including our mobile application, related websites, features, content, and related services (collectively, the "Service"), provided by Hawkings Inc. ("AXCI," "we," "us," or "our").

By accessing or using the Service, you agree to be bound by these Terms. If you do not agree, you may not use the Service.

2. Definitions

For purposes of these Terms:

• 1."AXCI Score" means a score from 0 to 10 generated by our proprietary AI model based primarily on card centering ratios and related factors.
• 2."Grading Result" means any opinion, estimate, score, or output generated through image analysis by the Service.
• 3."User Content" means any image, text, data, or other content that you upload, submit, store, or otherwise provide through the Service.
• 4."Account" means the account you create or use to access the Service.

3. Eligibility

You must be at least 13 years old to use the Service.

If you are under the age of majority in your state or other jurisdiction of residence, but at least 13 years old, you may use the Service only to the extent permitted by applicable law and, where required, with the involvement or consent of your parent or legal guardian.

If we learn that a user is under 13 years old, we may suspend or terminate the account, remove associated content or data, and take any other action we consider necessary or appropriate.

We may request additional information where reasonably necessary to verify eligibility or compliance with these Terms.

4. Accounts

You agree to provide accurate, current, and complete information in connection with your Account and to keep such information updated.

You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your Account.

You may not sell, transfer, lend, share, or otherwise allow another person to use your Account without our prior written permission.

5. Prohibited Conduct

You may not:

• 1.infringe or violate the intellectual property, privacy, publicity, or other rights of any third party;
• 2.access the Service using bots, automation tools, scraping tools, or similar means;
• 3.interfere with, disrupt, or place an unreasonable burden on the Service or its infrastructure;
• 4.reverse engineer, decompile, disassemble, or otherwise attempt to derive source code or underlying models from the Service, except to the extent prohibited by law;
• 5.provide false information, impersonate another person, or misrepresent your identity or authority;
• 6.sell, transfer, lend, or share your Account;
• 7.reproduce, republish, or commercially exploit images or outputs from the Service in an unauthorized manner;
• 8.manipulate, spoof, falsify, or otherwise interfere with AXCI Scores or Grading Results;
• 9.use any API, endpoint, interface, or screen of the Service for automated extraction or redistribution, except as expressly authorized by us;
• 10.use AXCI Scores or other Grading Results in external services or transactions in a misleading manner;
• 11.use the Service in violation of any applicable law or regulation;
• 12.engage in any other conduct that we reasonably determine to be inappropriate, harmful, fraudulent, or inconsistent with the intended purpose of the Service.

6. Suspension and Termination

We may suspend, restrict, or terminate your access to the Service or your Account at any time, with or without prior notice, if:

• 1.you violate these Terms;
• 2.we believe your use of the Service creates legal, security, operational, or reputational risk;
• 3.we are required to do so by law; or
• 4.we otherwise determine that such action is reasonably necessary to protect the Service, other users, or third parties.

You may request deletion of your Account through the in-app support channel or by contacting us at contact@axci.ai.

We may delete inactive Accounts that have not been used for 12 months or longer. Where reasonably practicable, we will attempt to provide advance notice by in-app notice or push notification.

7. Changes, Interruption, or Discontinuation of the Service

We may modify, suspend, interrupt, or discontinue all or part of the Service at any time for maintenance, outages, legal compliance, model updates, product changes, business reasons, or other reasons.

To the fullest extent permitted by law, we are not liable for resulting loss except where caused by our willful misconduct or gross negligence where such limitation is not permitted.

8. User Environment

You are responsible for your device, network connection, operating system, app version, and imaging conditions, including camera angle, sleeve usage, lighting, lens condition, glare, and reflection.

We are not responsible for degraded scoring accuracy, malfunctions, or other issues caused by your device environment, image quality, or capture conditions.

9. No Warranty

THE SERVICE, INCLUDING ALL AXCI SCORES AND GRADING RESULTS, IS PROVIDED "AS IS" AND "AS AVAILABLE."

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, RELIABILITY, OR SECURITY.

AXCI SCORES AND GRADING RESULTS ARE AI-BASED ESTIMATES AND OPINIONS ONLY AND DO NOT GUARANTEE OBJECTIVE FACTS, AUTHENTICITY, OFFICIAL THIRD-PARTY GRADES, MARKET VALUE, FUTURE VALUE, OR SUITABILITY FOR ANY TRANSACTION OR DECISION.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, EXCEPT FOR LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW, WE WILL BE LIABLE ONLY FOR DIRECT DAMAGES ACTUALLY INCURRED BY YOU AND ONLY TO THE EXTENT CAUSED BY OUR BREACH OF THESE TERMS OR OTHER LEGALLY ACTIONABLE CONDUCT.

OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE WILL NOT EXCEED THE TOTAL AMOUNT YOU PAID TO US FOR THE RELEVANT SERVICE DURING THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM.

IF THE RELEVANT PART OF THE SERVICE WAS PROVIDED TO YOU FREE OF CHARGE, OUR TOTAL LIABILITY WILL NOT EXCEED USD $100.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, BUSINESS OPPORTUNITY, OR THIRD-PARTY CLAIMS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

11. Nature of AXCI Scores

AXCI Scores are generated through AI-based image analysis and are intended only as reference information.

They are not official grades and do not guarantee results from any grading company, including PSA, BGS, or CGC.

The Service does not determine authenticity or actual market value.

Scores may be displayed on a 0–10 scale, including decimal values, and are based primarily on centering ratios and other criteria we determine.

Scores may change over time due to model updates or other factors.

12. Re-Scanning and Variability

The same card may receive different outputs due to image quality, capture conditions, device differences, model versions, or other factors. We do not guarantee identical results for repeat scans.

13. Refunds

Unless otherwise expressly stated by us, no refunds or compensation are provided for free features of the Service.

14. User Content License

You retain ownership of your User Content, subject to the rights granted to us in these Terms.

By uploading, submitting, or otherwise providing User Content through the Service, you grant us a non-exclusive, royalty-free, worldwide license to host, store, reproduce, process, adapt, display, and otherwise use your User Content as reasonably necessary to:

• 1.provide, operate, and maintain the Service;
• 2.improve, evaluate, test, secure, and troubleshoot the Service;
• 3.prevent fraud, abuse, and misuse;
• 4.generate and display search results within the Service; and
• 5.perform technical processing such as cropping, resizing, compression, color adjustment, watermarking, metadata removal, and similar processing.

15. AI Training, Evaluation, and Search Display

We may select a portion of uploaded images for AI model training, evaluation, validation, quality assurance, and troubleshooting.

We may also use selected uploaded images for in-app card search functionality in anonymized and processed form (including low-resolution rendering and no direct identifiers).

You may request removal or de-indexing through our designated process.

If you delete your User Content or Account, we will stop using that content for future new uses, subject to technical/legal exceptions (already trained models, aggregate stats, logs, fraud prevention records, backups, etc.).

16. Your Representations

You represent and warrant that:

• 1.you own or have all necessary rights to upload and provide your User Content;
• 2.your User Content and your use of the Service do not violate any law or the rights of any third party; and
• 3.you will not submit content in a way that misleads others about authenticity, source, grading status, or official endorsement.

To the extent permitted by law, you agree not to assert any moral rights against us in connection with our lawful use of your User Content under these Terms.

17. Intellectual Property and No Affiliation

All intellectual property rights in and to the Service, including its software, models, interfaces, designs, branding, and outputs other than your User Content, are owned by us or our licensors.

The Service is not affiliated with, endorsed by, or sponsored by The Pokémon Company, Nintendo, PSA, BGS, CGC, or other card rights holders or grading companies.

Names of third parties may appear for descriptive purposes only and remain the property of their respective owners.

18. Copyright Complaints

We respect intellectual property rights and respond to notices of alleged copyright infringement under the DMCA.

For complaints, counter-notifications, and repeat infringer policy, see our DMCA Notice and Takedown Policy.

19. Privacy

Our collection and use of personal information are governed by our Privacy Policy.

By using the Service, you acknowledge that we may collect and use personal information as described in the Privacy Policy.

Where applicable law requires additional notice or consent for certain categories of data use, new purposes, retention practices, or disclosures, we will provide such notice or obtain such consent as required.

20. Binding Arbitration; Class Action Waiver

Please read this section carefully. It affects your legal rights.

20.1 Agreement to Arbitrate

Except for the exclusions stated below, you and Hawkings Inc. agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Service, or any aspect of the relationship between you and us, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, shall be resolved by final and binding arbitration on an individual basis.

This arbitration agreement is governed by the Federal Arbitration Act ("FAA") and applies to the fullest extent permitted by law.

20.2 Informal Resolution First

Before initiating arbitration, either party must first send the other party a written notice of dispute describing the claim and the requested relief. We will send notices to the contact information associated with your Account, or you may send notice to:

Hawkings Inc. Email: contact@axci.ai

The parties agree to attempt to resolve the dispute informally for at least 30 days after the notice is received before commencing arbitration.

20.3 Arbitration Rules

Any arbitration shall be administered by the American Arbitration Association ("AAA") under its applicable Consumer Arbitration Rules, as modified by these Terms.

If AAA is unavailable or unwilling to administer the arbitration, the parties will mutually agree on another arbitration provider, or a court of competent jurisdiction may appoint one.

20.4 Arbitration Fees

Arbitration fees will be governed by the applicable AAA Consumer Arbitration Rules. We will pay all filing, administration, and arbitrator fees to the extent required by those rules or applicable law. If you demonstrate that costs of arbitration will be prohibitive as compared to costs of litigation, we will pay as much of the fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive.

20.5 Arbitration Location and Format

Arbitration may be conducted:

• •in the county or parish where you reside;
• •by telephone;
• •by videoconference; or
• •based on written submissions,

as permitted by the applicable AAA rules and the nature of the dispute.

20.6 Individual Arbitration Only

You and Hawkings Inc. agree that all disputes will be resolved only on an individual basis and not in a class, consolidated, collective, representative, or private attorney general action.

Neither you nor Hawkings Inc. may act as a class representative or class member, or otherwise participate in any class, collective, consolidated, or representative proceeding.

The arbitrator may award relief only in favor of the individual party seeking relief and only to the extent necessary to resolve that individual party's claim.

20.7 Exceptions

Nothing in this Section prevents either party from:

• 1.bringing an individual action in small claims court, if it qualifies;
• 2.seeking temporary, preliminary, or injunctive relief in a court of competent jurisdiction to protect intellectual property, confidential information, or other rights pending completion of arbitration; or
• 3.pursuing issues that, by law, cannot be subject to arbitration.

20.8 Opt-Out Right

You may opt out of this arbitration agreement by sending written notice to contact@axci.ai within 30 days after you first agree to these Terms.

Your opt-out notice must include:

• •your full name;
• •the email address associated with your Account; and
• •a clear statement that you wish to opt out of arbitration.

If you opt out, this Section 20 will not apply to you, but the rest of these Terms will remain in effect.

20.9 Severability of Arbitration Provisions

If any part of this Section 20 is found unenforceable, the remaining portions shall remain in effect, except that if Section 20.6 is found unenforceable as to a particular claim or request for relief, then that claim or request for relief shall be decided by a court and not by an arbitrator.

21. Governing Law and Venue

These Terms are governed by the laws of the State of Delaware, without regard to conflict of laws principles, except to the extent otherwise required by applicable consumer protection, privacy, or other mandatory law.

To the extent a dispute is not subject to arbitration, exclusive jurisdiction and venue shall lie in the state or federal courts located in Delaware, and each party consents to such jurisdiction and venue, except where applicable law provides otherwise.

22. Communications and Notifications

We may send you transactional notifications related to your use of the Service, including scan results, account-related alerts, security notices, and service updates, via in-app notifications or push notifications.

We may also send optional or promotional push notifications, such as price alerts or new feature announcements, if you have opted in to receive them through your in-app notification preferences.

You may manage your push notification preferences through your device's operating system settings or through the in-app settings. We do not send marketing or transactional emails to users of the U.S. version of the Service.

23. Changes to These Terms

We may revise these Terms from time to time.

If we make changes, we will post the updated Terms and update the "Last Updated" date. Your continued use of the Service after the effective date of the updated Terms constitutes your acceptance of the revised Terms, except where additional notice or consent is required by law.

24. Severability

If any provision is held invalid or unenforceable, remaining provisions remain in full force and effect.

25. Survival

Any provision that by its nature should survive termination or expiration of these Terms will survive, including provisions relating to liability limitations, intellectual property, User Content, privacy, dispute resolution, arbitration, governing law, and venue.