Terms of Service

The provider of the “Topload” app and of gettopload.com (together “Topload”) is:

Klemens Kaindl
Wien, Austria
Email: access@gettopload.com

These terms apply to all users, whether you use Topload privately (as a consumer) or professionally. For consumers, the mandatory provisions of the Austrian Consumer Protection Act (KSchG) and the Distance and Off-Premises Contracts Act (FAGG) apply in addition and prevail in case of doubt. Deviating terms of the user do not apply.

If you obtain the app through the Apple App Store, Apple’s standard Licensed Application End User License Agreement (EULA) applies in addition. Apple is not a party to these terms but may enforce them against you as a third-party beneficiary. We, not Apple, are responsible for maintenance and support of the app.

Topload is a collection and portfolio tracker for trading cards (TCGs) and sealed products. You can add cards (search, barcode, camera scan), organise your collection, follow its estimated value in euros and view price histories. The core features are free; extended features are offered by the “Topload Pro” subscription (section 4).

• Prices are estimates. Displayed market values, sale proceeds after fees, histories and trends are calculated from public market data (including the Cardmarket price guide, TCGplayer, PriceCharting, PSA population data and current eBay listings) and official ECB exchange rates. They are not an offer to buy, not a guarantee of an achievable price, and may deviate from the actual market.
• No investment advice. Topload gives no recommendations to buy or sell. Decisions you make based on displayed values are your own.
• No shop, no marketplace. No cards are bought, sold or traded through Topload; we do not broker transactions and are not involved in deals between users or on third-party platforms.
• The grading prediction is an estimate. A predicted grade (e.g. PSA 9) is based on measurements of your photos and the published criteria of grading companies. It is no assurance that a company will award that grade.
• Availability. We aim for uninterrupted operation but do not owe it. Maintenance, updates or outages of third-party services (e.g. price sources, Apple, hosting) may cause temporary limitations.
• Development. We may change, add or discontinue features as long as the core of Topload (adding and valuing your collection) remains and the change is reasonable for you. If a feature essential to Pro is discontinued, you may end the subscription at the end of the current period.

• Most features require an account. You sign in with your email address or via Sign in with Apple. The rule is: one account per person.
• Your details must be accurate. Keep your access (email inbox, Apple ID) protected and do not share your account. Activity on your account is attributed to you unless you are not responsible for the misuse.
• Topload is rated 4+ on the App Store. If you are a minor, you need the consent of a parent or guardian to use Topload and, in particular, to subscribe to Topload Pro, to the extent the law requires it.
• You can delete your account at any time in the app (Profile → Settings → Delete account). This irrevocably removes all data including photos (see Privacy Policy). Export your collection as CSV first if you want to keep it.

• Scope. Which features Pro unlocks is shown in the app and on gettopload.com at the time of purchase. The scope may evolve within the limits of section 2.
• Purchase through Apple. Pro is purchased, billed and managed as an in-app purchase through your Apple account. The prices shown in the App Store, including VAT, apply; Apple is the payment partner. The price is charged to your Apple account at purchase.
• Term and renewal. Pro is available as a monthly or yearly subscription. It renews automatically for the same term unless you cancel it at least 24 hours before the end of the current period.
• Cancellation. You cancel in the subscription settings of your Apple ID (Settings → Apple Account → Subscriptions) or at apps.apple.com/account/subscriptions. Deleting the app does not cancel the subscription. After cancellation, Pro continues until the end of the paid period; a pro-rata refund is only available where the law or Apple provides for it.
• Price changes. If we change the price, Apple informs you in advance. A price increase only applies if you agree to it; if you do not, the subscription ends at the end of the current period.
• Right of withdrawal (FAGG). As a consumer you generally have 14 days to withdraw from a distance contract without giving reasons. For digital services not supplied on a tangible medium, this right expires under § 18(1)(11) FAGG if you expressly agree that we begin performance before the withdrawal period ends and acknowledge that you thereby lose your right of withdrawal. You give this agreement when you buy Pro in the App Store and the features are unlocked immediately. Refunds are handled by Apple (reportaproblem.apple.com); Apple’s own refund terms remain unaffected.
• Restore purchases. On a new device or after reinstalling, restore Pro in the app via “Restore purchases” with the same Apple ID.

You may use Topload for your own collection, privately or professionally. You may not:

• extract, copy or redistribute catalogue, price or user data by automated means (scraping, bots, bulk queries) or use the app’s interfaces outside the app;
• circumvent limits, security mechanisms or the Pro gate, modify the app or reverse-engineer it beyond what the law permits;
• use other people’s accounts, share credentials or disrupt operation (e.g. through excessive requests);
• upload content (photos, profile pictures, custom cards) that infringes third-party rights, is unlawful or contains malware;
• use Topload for fraud or to mislead others about the value of cards.

Your content. Photos and data you upload remain yours. You grant us the right to store and process them as far as necessary to operate Topload. We use original photos to improve recognition only if you have expressly agreed to this in the app.

In case of violations we may restrict features or suspend your account; for serious violations also without notice. We will inform you where legally permitted and reasonable.

The app, its design, the catalogue, the calculation logic and the “Topload” brand belong to us or our licensors. You receive a simple, non-transferable right to use the app on your Apple devices. If obtained through the App Store, Apple’s EULA applies in addition.

• We are liable without limitation for intent and gross negligence and for injury to life, body or health.
• We are not liable for slight negligence, except for personal injury. This applies in particular to financial loss, lost profit and consequential damage from decisions you make based on displayed values, predictions or third-party price data.
• We are not liable for the content, prices or availability of third-party platforms (e.g. Cardmarket, eBay, TCGplayer) or of grading companies.
• Your statutory warranty rights for digital services (Austrian Consumer Warranty Act, §§ 922 et seq. ABGB) remain unaffected. For free use they apply as provided by law.

• Free use is open-ended; you end it at any time by deleting your account in the app. Section 4 applies to Pro.
• We may terminate the user agreement with four weeks’ notice; a running Pro subscription continues until the end of the paid period. For good cause (serious violations under section 5) we may terminate without notice.
• If we discontinue Topload altogether, we announce this at least four weeks in advance in the app or by email so you can export your collection. Prepaid Pro amounts for the time after discontinuation are refunded pro rata through Apple.
• After termination we delete your data as described in the Privacy Policy.

We may change these terms where there is a valid reason — such as new features, a changed legal situation or security requirements — and the change is reasonable for you. We will inform you at least four weeks before a change takes effect, in the app or by email, and expressly point out that the change takes effect unless you object or cancel by the stated date. If you object, the user agreement ends on that date; a Pro subscription continues until the end of the paid period. Changes to the main service or price to your detriment only take effect with your express consent.

• Austrian law applies, excluding the UN Convention on Contracts for the International Sale of Goods and the conflict-of-law rules. If you are a consumer residing in another EU country, the mandatory consumer protection rules of your country of residence remain available to you.
• For consumers the statutory place of jurisdiction applies (§ 14 KSchG): claims against you can only be brought at your place of residence, habitual abode or place of employment. For businesses, the competent court in Vienna has jurisdiction.
• We are not obliged to take part in proceedings before a consumer arbitration body and decide case by case whether to take part voluntarily. Consumers in Austria may contact the Internet Ombudsstelle (ombudsstelle.at). Almost everything is resolved fastest by emailing us.

• If a provision of these terms is invalid, the rest remains valid. The statutory rule replaces the invalid provision.
• These terms exist in German and English. Both versions have the same content; for questions of interpretation the German version prevails.

Questions, support and complaints: access@gettopload.com. Provider details are in the Imprint, data processing in the Privacy Policy.