These Terms of Service (“Terms”) are a contract between BTR Solutions, LLC (“TCGHawk,” “we,” “us”) and you (“you”). By creating an account, clicking to accept these Terms, or using our websites, applications, APIs, and related services (collectively, the “Services”), you agree to these Terms. If you do not agree, do not use the Services.
These Terms incorporate by reference:
If you use the Services on behalf of a company or other organization, you represent that you have authority to bind that organization, and “you” includes that organization.
The Services are offered only to users located in the United States and its territories and possessions, and for use in connection with commerce operations in the United States, unless we agree otherwise in writing.
You must be at least 18 years old and able to enter a binding contract. You represent that the information you provide is accurate and complete. You may not use the Services if you are barred from doing so under applicable law or if you are on a U.S. government restricted-party list.
TCGHawk provides cloud software for commerce operations, including product catalogs and SKUs, inventory and order management, API-driven integrations, administrative tools, and connections to third-party services such as payment processors (for example Stripe) and marketplace or sales-channel platforms (for example Amazon or eBay), as we make available from time to time.
The Services are headless and integration-based: you choose how storefronts, marketplaces, and other channels connect to the Services. Features may differ by plan, region, or account type.
TCGHawk is not a bank, money-transmitter, tax advisor, accounting firm, or law firm. We do not provide financial, investment, tax, or legal advice. For questions about taxes, payments, regulations, or disputes with buyers, sellers, or platforms, consult a qualified professional.
You may need an account to use the Services. You are responsible for:
You must notify us promptly at security@tcghawk.com if you believe your account is compromised. We may disable credentials or suspend access if we reasonably believe there is compromise, abuse, or risk to the Services or others.
You are responsible for all information, listings, images, descriptions, pricing, and other materials you submit or generate through the Services (“Customer Content”). You represent that you have the rights necessary to use and license Customer Content as described in these Terms.
You are solely responsible for:
We may remove or restrict Customer Content or suspend access if we reasonably believe it violates these Terms, our Acceptable Use Policy, or law, or creates a security or abuse risk.
The Services rely on and may integrate with third-party products and services (including hosting, payment processing, tax calculation, and marketplace APIs). Those third parties have separate terms and privacy practices. Your use of them is between you and the third party, subject to any express commitments we make in a written order signed by both parties.
We are not responsible for outages, policy changes, fees, or actions taken by third-party platforms (including delisting, account suspension, or payment holds).
If you connect payment processing (for example through Stripe), payment services are provided by your payment processor under its agreement with you. TCGHawk may process limited payment-related information as needed to operate the integration, as described in our Privacy Policy.
Unless we expressly agree otherwise in writing, you remain responsible for chargebacks, refunds, and payment disputes with your customers and processors, except to the extent directly caused by TCGHawk’s uncured breach of these Terms (as determined under Section 21).
If you enable integrations with marketplaces or other sales channels, you authorize TCGHawk to access, transmit, and process data as reasonably necessary to operate those integrations. You are responsible for complying with each platform’s rules, category requirements, and intellectual property policies.
The Services may allow you to publish trade listings, communicate with other users, and indicate that a trade is complete. TCGHawk is a facilitator only: we do not take custody of cards or cash for trades, do not ship goods, and do not guarantee that any trade will occur, that items match descriptions, or that users will perform. Unless we announce a counsel-approved in-app payment or escrow feature in writing, any payment or delivery for trades is between you and the other user, off-platform.
You are responsible for your conduct, compliance with law, and disputes with other users. We may remove listings or suspend access under Section 12.
You will not use the Services to violate law; infringe intellectual property; distribute malware; send unlawful spam; commit fraud; harass others; or engage in conduct described in our Acceptable Use Policy. You will not attempt to access other customers’ data or TCGHawk systems without authorization, circumvent security, or use the Services to build a competing service by misusing our APIs or confidential information.
We may suspend or terminate access to the Services, in whole or in part, if we reasonably believe you have violated these Terms or the law; if required by law or by a platform we depend on; if you fail to pay fees when due (after any notice required by these Terms or your order); or if continued provision would create a security or legal risk. We will use commercially reasonable efforts to notify you where notice is lawful and practical, except in emergencies.
We may modify the Services (for example to improve security, reliability, or functionality). We may also update these Terms by posting a revised version and updating the “Last updated” date. If a change is material, we will provide notice as required by applicable law or as described at https://tcghawk.com/terms.html. Your continued use of the Services after the effective date of updated Terms constitutes your acceptance of the updated Terms, unless applicable law requires a different process.
If we make a material change to the paid Services that materially reduces core functionality described in your then-current plan documentation, your exclusive remedy is to terminate your subscription at the end of the current billing period by following the cancellation process in the Services (or by written notice if no process is available), unless a separate signed order gives you additional remedies.
If you purchase paid Services, fees are as stated at checkout, in your account, or in a signed order form. Unless stated otherwise, fees are in USD, billed in advance for subscriptions, and non-refundable except where required by law or expressly stated at purchase.
You are responsible for applicable taxes (such as sales tax), excluding taxes based on TCGHawk’s net income. Late payment may result in suspension and interest or charges up to the maximum permitted by applicable law, as described in your invoice or checkout terms.
Auto-renewal. If your plan renews automatically, we will charge the payment method on file at the start of each renewal period until you cancel. You may cancel as described in the Services or at mailto:bobby@tcghawk.com. Where required by applicable state law, additional auto-renewal or cancellation disclosures will be provided at checkout or in your account.
TCGHawk property. TCGHawk and its licensors own the Services, software, documentation, and TCGHawk branding. Subject to these Terms, we grant you a limited, non-exclusive, non-transferable (except as permitted in Section 23) license to use the Services during the Term for your personal or internal business purposes, as applicable.
Your content. You retain ownership of Customer Content. You grant TCGHawk a worldwide, non-exclusive license to host, reproduce, process, transmit, display, and back up Customer Content as needed to provide, secure, and improve the Services and to comply with law. You also grant TCGHawk the right to create and use aggregated and de-identified data derived from use of the Services, which TCGHawk may use for analytics, benchmarking, and product improvement, in accordance with our Privacy Policy.
Feedback. If you send suggestions or feedback about the Services, you grant TCGHawk a royalty-free, perpetual, irrevocable license to use that feedback without obligation to you.
Each party may receive non-public information from the other (“Confidential Information”). The receiving party will use reasonable care to protect Confidential Information and use it only for the relationship. These obligations do not apply to information that is public without breach, independently developed, or required to be disclosed by law (with notice where permitted).
EXCEPT AS EXPRESSLY STATED IN THESE TERMS OR A SIGNED ORDER, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE FULLEST EXTENT PERMITTED BY LAW, TCGHAWK DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
TCGHawk does not warrant that the Services will be uninterrupted, error-free, or free of harmful components, or that integrations with third-party platforms will always be available or approved.
TO THE FULLEST EXTENT PERMITTED BY LAW:
(a) NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUES, GOODWILL, OR DATA, EVEN IF ADVISED OF THE POSSIBILITY.
(b) EXCEPT FOR YOUR PAYMENT OBLIGATIONS AND YOUR OBLIGATIONS UNDER SECTION 19 (INDEMNITY), TCGHAWK’S TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATED TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE GREATER OF $100 OR THE AMOUNTS YOU PAID TCGHAWK FOR THE SERVICES IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM.
Some jurisdictions do not allow certain limitations; in those cases, our liability is limited to the maximum permitted by law.
You will defend, indemnify, and hold harmless TCGHawk, its affiliates, and their respective directors, officers, employees, and agents from and against any third-party claims, damages, losses, and costs (including reasonable attorneys’ fees) arising out of or related to: (a) Customer Content; (b) your products, listings, sales, or marketplace conduct; (c) your violation of law or these Terms; or (d) disputes between you and your customers, payment processors, or platforms—except to the extent caused by TCGHawk’s uncured breach of these Terms.
These Terms begin when you first use the Services and continue until terminated.
You may stop using the Services at any time. You may cancel paid subscriptions as described in the Services or your order.
We may terminate or suspend for breach as described in Section 12. Either party may terminate these Terms on written notice if the other party materially breaches and fails to cure within 30 days after written notice (or immediately where cure is not reasonable, such as serious illegal use or security abuse, if permitted by law). Either party may terminate if the other becomes insolvent or subject to bankruptcy proceedings, as permitted by law.
Upon termination, your right to access the Services ends. Sections that by their nature should survive (including Sections 8, 15–19, 21–23) survive termination. Fees accrued before termination remain due unless applicable law or your order states otherwise.
Please read this section carefully. It affects your rights.
21.1 Informal resolution. Before filing a claim, you agree to contact us at legal@tcghawk.com and attempt to resolve the dispute informally for at least 30 days.
21.2 Binding arbitration. If the dispute is not resolved informally, either party may seek resolution through binding individual arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules under its commercial arbitration rules (or consumer rules if applicable law requires for your use), in effect at the time of the demand. The Federal Arbitration Act governs this Section 21.
21.3 Arbitration location. Arbitration will be held in Cherokee County, Georgia, or another location the parties agree to in writing, unless the administrator’s rules or applicable law require a different location for consumers.
21.4 Small claims court. Either party may bring an individual action in small claims court in Cherokee County, Georgia (or the county of your residence if permitted by the court), if the claim qualifies.
21.5 Injunctive relief. Either party may seek temporary or preliminary injunctive relief in a court of competent jurisdiction in Cherokee County, Georgia to protect intellectual property, confidential information, or security.
21.6 Class action waiver. TO THE FULLEST EXTENT PERMITTED BY LAW, DISPUTES MUST BE BROUGHT IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. If this waiver is held unenforceable with respect to a proceeding, that proceeding may proceed in court as applicable law requires, and the remainder of these Terms remains in effect.
21.7 Opt-out of arbitration. You may opt out of Section 21.2–21.6 by sending written notice to legal@tcghawk.com within 30 days after you first accept these Terms or first create an account, including your name, address, and a clear statement that you opt out of arbitration. If you opt out, Section 21.8 applies to disputes (except small claims and injunctive relief as above).
21.8 Court litigation if you opt out. If you validly opt out of arbitration, or if applicable law does not permit arbitration of the dispute, then the exclusive jurisdiction and venue for any judicial action arising out of these Terms will be the state and federal courts located in Cherokee County, Georgia, and each party submits to the personal jurisdiction of those courts.
These Terms are governed by the laws of the State of Georgia, without regard to conflict-of-law principles that would apply another state’s laws, except that the Federal Arbitration Act governs Section 21.
Assignment. You may not assign these Terms without our prior written consent, except in connection with a merger or sale of substantially all of your assets, with notice to us. TCGHawk may assign these Terms in connection with a merger, acquisition, or sale of assets.
Entire agreement. These Terms and the policies linked in Section 1 are the entire agreement regarding the Services and supersede prior oral or written understandings on the same subject.
Severability. If a provision is unenforceable, the remainder remains in effect.
No waiver. Failure to enforce a provision is not a waiver.
Independent contractors. The parties are independent contractors.
Export and sanctions. You will comply with U.S. export and sanctions laws. You will not use the Services for prohibited end uses or in violation of those laws.
Notices to TCGHawk: legal@tcghawk.com or BTR Solutions, LLC
119 Sable Trace Lane
Acworth, GA 30102.
Notices to you: the email address associated with your account or, if you are an organization, the address on file.
Electronic communications. You consent to receive communications from us electronically (for example email or in-product notices). Marketing SMS is sent only if you opt in under our SMS Terms.