Terms of Service - Model Car Collector App

These Terms of Service ("Terms") govern Your access to and use of the Model Car Collector website, mobile application and related services (together, the "Service"). By creating an account, downloading the App, or otherwise using the Service, You agree to be bound by these Terms. If You do not agree to these Terms, please do not use the Service.

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

Service refers to the Model Car Collector website, the App, and any associated features, content and functionality we provide.
App means the Model Car Collector application made available for mobile devices.
Account means a unique account created for You to access the Service or parts of the Service.
Subscription means a paid plan that unlocks premium features of the Service for a recurring period.
You means the individual accessing or using the Service, or the company or other legal entity on behalf of which such individual is accessing or using the Service.
We, Us or Our refers to Model Car Collector, the operator of the Service.

Eligibility and Accounts

The Service is not directed to anyone under the age of 13, and You must be at least 13 years old to create an Account. If You are under the age of majority in Your jurisdiction, You may use the Service only with the involvement and consent of a parent or guardian.

When You create an Account, You agree to provide accurate, current and complete information and to keep it up to date. You are responsible for safeguarding Your login credentials and for all activity that occurs under Your Account. You must notify Us promptly of any unauthorized use of Your Account.

Subscriptions and Billing

The Service offers a free tier together with optional paid Subscriptions that unlock premium features. By purchasing a Subscription You agree to the price, billing period and features presented to You at the time of purchase.

Payments and Merchant of Record

Web Subscriptions are sold and processed by Paddle.com, which acts as the Merchant of Record for those purchases. This means Paddle handles payment processing, billing and applicable taxes, and Paddle (or "Paddle.net") may appear on Your bank or card statement. Your purchase is also subject to Paddle's buyer terms and checkout policies.

Auto-Renewal and Cancellation

Subscriptions renew automatically at the end of each billing period at the then-current price unless You cancel before the renewal date. You can cancel at any time from Your Account settings or via the link in Your purchase confirmation; access to paid features continues until the end of the period You have already paid for.

Price Changes and Taxes

We may change Subscription prices and the features included in a plan from time to time. Where required, We will give You advance notice of price changes that affect Your renewals. Prices may be shown inclusive or exclusive of taxes depending on Your location, and applicable taxes are calculated and collected by Paddle at checkout.

Purchases through Mobile App Stores

If You purchase a Subscription through the Apple App Store or Google Play, that purchase is processed by the relevant app store and is governed by its terms and payment rules, not by Paddle. Refunds and cancellations for app store purchases are handled by Apple or Google.

Refunds are described in Our Refund Policy, which forms part of these Terms.

Acceptable Use

You agree to use the Service only for lawful purposes and in accordance with these Terms. You agree not to:

Use the Service in any way that violates any applicable law or regulation.
Upload or share content that is illegal, infringing, harmful, deceptive or that You do not have the right to share.
Attempt to gain unauthorized access to the Service, other accounts, or our systems and networks.
Scrape, harvest, or copy data from the Service using automated means, or resell or redistribute the Service without our permission.
Interfere with or disrupt the integrity or performance of the Service.

Your Content

The Service lets You create and store information about Your collection, including model details, notes, valuations and photographs ("Your Content"). You retain all ownership rights in Your Content.

By submitting Your Content to the Service, You grant Us a limited, non-exclusive, worldwide, royalty-free licence to host, store, reproduce and display Your Content solely as needed to operate, provide, secure and improve the Service for You. You are solely responsible for Your Content and represent that You have the necessary rights to it and that it does not infringe the rights of any third party.

AI and Identification Features

The Service may offer features that use artificial intelligence to help identify models from photographs and to suggest descriptions, attributes and estimated values. These outputs are generated automatically and are provided for convenience and informational purposes only on an "as is" basis.

Estimated values and identifications are not guarantees, appraisals, or financial advice. Actual market values may differ significantly. You should independently verify any information before relying on it, particularly for insurance, sale or purchase decisions.

Intellectual Property

The Service and its original content (excluding Your Content), features, functionality, branding, logos and software are and will remain the exclusive property of Model Car Collector and its licensors. These Terms do not grant You any right to use Our trademarks, logos or branding without Our prior written consent. Product names, marques and trademarks of model car manufacturers belong to their respective owners and are used for identification purposes only.

Third-Party Links and Affiliate Content

The Service may contain links to third-party websites, retailers or marketplaces that are not operated by Us, and may include affiliate links through which We may earn a commission at no extra cost to You. We do not control and are not responsible for the content, products, or practices of any third-party sites. Your dealings with third parties are solely between You and that third party.

Disclaimer of Warranties

The Service is provided on an "as is" and "as available" basis without warranties of any kind, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. We do not warrant that the Service will be uninterrupted, secure, error-free, or that any data will be accurate or preserved without loss. Nothing in these Terms excludes or limits any warranty or right that cannot be excluded or limited under applicable law.

Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall Model Car Collector be liable for any indirect, incidental, special, consequential or punitive damages, or for any loss of profits, data, goodwill or other intangible losses, arising out of or relating to Your use of (or inability to use) the Service. To the extent permitted by law, Our total aggregate liability for any claim arising out of or relating to the Service or these Terms shall not exceed the amount You paid Us for the Service in the twelve (12) months preceding the event giving rise to the liability.

Indemnification

You agree to defend, indemnify and hold harmless Model Car Collector and its officers, employees and agents from and against any claims, damages, liabilities, losses and expenses (including reasonable legal fees) arising out of or in any way connected with Your Content, Your use of the Service, or Your breach of these Terms.

Termination

You may stop using the Service and delete Your Account at any time. We may suspend or terminate Your access to the Service immediately, without prior notice, if You breach these Terms or if We are required to do so by law. Upon termination, Your right to use the Service will cease. Sections that by their nature should survive termination (including ownership, disclaimers, limitation of liability and governing law) will survive.

Changes to the Service and Terms

We may modify or discontinue the Service, or any part of it, at any time. We may also update these Terms from time to time. When We make material changes, We will update the "Last updated" date at the top of this page and, where appropriate, notify You via email or a notice within the Service. Your continued use of the Service after changes become effective constitutes Your acceptance of the revised Terms.

Governing Law

These Terms and any dispute arising out of or in connection with them or the Service are governed by and construed in accordance with the laws of the Republic of South Africa, without regard to its conflict of law provisions. The courts of South Africa shall have jurisdiction over any dispute, subject to any mandatory consumer protection rights available to You in Your country of residence.

Contact Us

If you have any questions about these Terms of Service, You can contact us:

By email: support@modelcollectorapp.com