Terms of Service

1. Acceptance of Terms

By accessing or using DiecastIQ ("the Service"), operated by HCAC Ventures, LLC ("we," "our," or "us"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not access or use the Service.

We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms on the Service and updating the "Last updated" date. Your continued use of the Service after any changes constitutes acceptance of the new Terms.

2. Description of Service

DiecastIQ is a web-based service with a companion mobile application for tracking and managing diecast car collections. The Service provides:

• A reference database of Hot Wheels and Matchbox castings and variations
• Collection tracking and progress visualization
• A community-powered contribution system for improving reference data
• A marketplace for buying, selling, and trading cars between collectors
• Subscription-based premium features with higher limits
• Offline mobile access with over-the-air database updates

We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time, with or without notice.

3. User Accounts

To use certain features of the Service, you must create an account. You agree to:

• Provide accurate, current, and complete information during registration
• Maintain and promptly update your account information
• Maintain the security of your password and accept responsibility for all activities under your account
• Notify us immediately of any unauthorized use of your account

You may close your account at any time by contacting us. We reserve the right to suspend or terminate accounts that violate these Terms or for any other reason at our sole discretion.

4. Subscriptions and Payments

Subscription Plans

DiecastIQ offers free and paid subscription tiers:

• Free: Track up to 50 variations
• Collector: Track up to 200 variations, cloud sync, progress tracking
• Pro: Unlimited collection, priority support, early access to new features

Billing

Paid subscriptions are billed monthly or annually through Stripe. By subscribing, you authorize us to charge your payment method for all applicable fees. Subscriptions are managed through the DiecastIQ website at diecastiq.com.

Cancellation

You may cancel your subscription at any time through the Stripe customer portal. Cancellation takes effect at the end of the current billing period. No refunds are provided for partial billing periods.

Price Changes

We may change our prices at any time. Price changes will be communicated in advance and will apply to the next billing cycle after notice.

5. User Content and Contributions

Your Collection Data

You retain ownership of all data you add to the Service, including your collection data, notes, and marketplace listings.

Reference Database Contributions

By submitting contributions to improve the reference database (such as color corrections, tampo details, or other variation data), you grant DiecastIQ a non-exclusive, perpetual, royalty-free, worldwide license to use, modify, and distribute that data as part of the shared reference database for all users. Contributions are reviewed by administrators before being applied.

Marketplace Content

You are solely responsible for the accuracy of your marketplace listings, including price, condition, and description. You agree not to list counterfeit, stolen, or misrepresented items.

Marketplace Messages

Messages sent through the marketplace are private between the buyer and seller. You agree not to use the messaging system for spam, harassment, or solicitation unrelated to the listed item.

6. Acceptable Use

You agree not to use the Service to:

• Violate any applicable law or regulation
• Infringe on the intellectual property rights of others
• Upload or transmit viruses, malware, or other malicious code
• Attempt to gain unauthorized access to the Service or its systems
• Interfere with or disrupt the Service or servers
• Harass, abuse, or harm another person
• Scrape, data mine, or bulk-download the reference database
• Resell or redistribute the Service or its data without authorization
• Create multiple accounts to circumvent subscription limits

7. Reference Data and Trademarks

The diecast car reference database is compiled from publicly available sources and community contributions. Data accuracy is not guaranteed. DiecastIQ is not affiliated with, endorsed by, or sponsored by Mattel, Inc., Hot Wheels, or Matchbox. All product names, trademarks, and registered trademarks are the property of their respective owners.

8. Third-Party Services

The Service integrates with third-party services including:

• AWS Cognito for authentication
• Stripe for payment processing
• AWS S3 for database hosting and OTA updates

Your use of these third-party services is subject to their respective terms and privacy policies. We are not responsible for the practices of third-party services.

9. Disclaimer of Warranties

The Service is provided "as is" and "as available" without warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance.

We do not warrant that the Service will be uninterrupted, timely, secure, or error-free, or that defects will be corrected. We do not warrant the accuracy of the reference database or any results from use of the Service.

10. Limitation of Liability

To the maximum extent permitted by law, in no event shall HCAC Ventures, LLC, its directors, employees, partners, agents, suppliers, or affiliates be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from your access to or use of or inability to access or use the Service.

Our total liability shall not exceed the amount you paid us in the twelve (12) months preceding the claim or one hundred dollars ($100), whichever is greater.

11. Indemnification

You agree to defend, indemnify, and hold harmless HCAC Ventures, LLC and its officers, directors, employees, contractors, agents, licensors, and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Service.

12. Termination

We may terminate or suspend your account and access to the Service immediately, without prior notice or liability, for any reason, including without limitation if you breach these Terms.

Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may discontinue using the Service or contact us to request account deletion.

All provisions of these Terms which by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

13. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of North Carolina, United States, without regard to its conflict of law provisions.

14. Dispute Resolution

Binding Arbitration

Any dispute arising from or relating to these Terms or the Service shall be finally settled by binding arbitration administered by the American Arbitration Association ("AAA") in accordance with its Commercial Arbitration Rules.

Arbitration Procedures

• The arbitration shall be conducted by a single arbitrator
• The arbitration shall be held in Raleigh, North Carolina, or at another mutually agreed location
• The arbitrator's decision shall be final and binding
• Judgment on the award may be entered in any court of competent jurisdiction

Class Action Waiver

You agree that any arbitration or proceeding shall be limited to the dispute between us and you individually. You waive any right to participate in a class action lawsuit or class-wide arbitration.

Exceptions

Notwithstanding the above, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to protect intellectual property rights pending arbitration.

15. Severability

If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

16. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and HCAC Ventures, LLC regarding the Service and supersede all prior agreements and understandings.

17. Contact Us

If you have any questions about these Terms, please contact us:

• Email: support@diecastiq.com

HCAC Ventures, LLC