Terms & Conditions

1. Acceptance of Terms

The OpenThatPack website located at https://openthatpack.com, together with any related downloads, software, avatars, information, and services (collectively, the “Site”), is owned and operated by RW.SOFTWARE LLC, a Texas limited-liability company with its principal office at 5900 Balcones Drive, Suite 100, Austin, Texas 78731 (“OTP,” “we,” or “us”).  These Website Terms and Conditions (the “Agreement”) govern all access to and use of the Site.

Please read this Agreement and the incorporated OpenThatPack Privacy Policy (the “Privacy Policy”) carefully.  BY ACCESSING OR USING THE SITE, YOU REPRESENT THAT YOU MEET ALL ELIGIBILITY REQUIREMENTS AND AGREE TO BE BOUND BY THIS AGREEMENT.  This Agreement is a binding contract between you (“you” or “User”) and OTP and applies to all information, data, tools, products, services, and other materials (collectively, “Content”) made available on or through the Site.

2. Packs, Wheels, and Related Programs

2.1  Digital Packs and Physical Cards

The Site allows you to purchase sealed digital trading-card packs or boxes (“Digital Packs”).  Each Digital Pack corresponds one-to-one with securely stored physical cards (“Physical Cards”); together, they are the “Items.”  Upon acquisition of a Digital Pack OTP grants you a personal, non-exclusive, non-transferable, non-sublicensable, revocable license to view, open, and display that Digital Pack on the Site for personal enjoyment and collection management.  Except for this limited license, all intellectual-property rights in card art, logos, and designs remain with their respective owners.

2.2  Physical Redemption

Where available, you may redeem a Digital Pack for shipment of its underlying Physical Cards by following our posted redemption procedures and paying any applicable shipping, insurance, or handling fees.  Title to Physical Cards passes only when we place them with the carrier.

2.3  Buy-Back for Site Credits

Subject to OTP’s then-current Buy-Back Guidelines, you may offer eligible Items back to OTP in exchange for non-withdrawable site credits.  Credit values, processing times, and eligibility requirements are set solely by OTP and may change without notice.

2.4  Pack Wheel Promotions

(a)  Free Spin.  Purchasing any combination of five (5) Digital Packs or Boxes within a rolling 24-hour period earns you one complimentary spin on the Pack Wheel (“Free Spin”), automatically credited to your account.  A Free Spin is neither transferable nor redeemable for cash or credit.

(b)  Wheel Pack Purchase.  You may also purchase a spin on the Pack Wheel (“Wheel Pack Purchase”) for the fee displayed at checkout.  Before purchase, you will see (i) the spin price and (ii) the current pool of Digital Packs and Digital Boxes featured on the Wheel.  When the Wheel stops, the segment beneath the pointer reveals the promotional item (the “Award Pack”), which is instantly delivered to your account for opening and collecting its electronic cards (and, where offered, redeeming the linked Physical Cards).

• All Wheel segments are evenly weighted; each Award Pack carries the same probability of selection.
• Every spin—Free or Paid—yields exactly one Award Pack.
• No cash, cash-equivalent, or credit-back alternatives are provided, and spins may not be resold.
• The Pack Wheel is offered solely as an entertainment feature for collectors.

(c)  Wheel Rules.  OTP may adjust spin prices, probabilities, or inventory at any time and may cancel a spin (with refund) if technical errors or suspected abuse occur.  Wheel outcomes are final once recorded on OTP’s servers.

(d) Pricing and Value Disclaimer.

The Pack Wheel is a promotional mechanism that guarantees delivery of a collectible product with every purchase. The fee for a Wheel Pack Purchase is set by OTP in its sole discretion and may be higher or lower than the individual list price assigned to any specific pack shown on the Wheel. Pack prices displayed on the Site are reference prices established by OTP and do not represent an objective or secondary-market value.  OTP makes no representation or warranty that (i) the collectible cards received will have any particular market worth, or (ii) the aggregate retail value of all Wheel outcomes will equal or exceed the Wheel Pack fee. By completing a Wheel Pack Purchase you acknowledge and accept that the Wheel includes an entertainment premium and that the expected collectible value, on average, may be less than the purchase price.

3. Scope of License

3.1  Site License

Subject to your ongoing compliance with this Agreement and all posted policies, OTP grants you a personal, non-exclusive, non-transferable, non-sublicensable, revocable, limited license to access and use the Site on a mobile, tablet, or desktop device solely for purchasing, viewing, opening, redeeming, trading, or selling back Items through the functionality we provide.  Any other use—including data scraping, reverse engineering, or commercial exploitation of Site content—is expressly prohibited.

3.2  Digital-Item License

Digital Packs (and any electronic cards revealed therein) are licensed, not sold.  Each Digital Pack is provided under a personal, non-exclusive, non-assignable, non-sublicensable, royalty-free, revocable license to display and manage the digital representation of the underlying Physical Cards within the Site.  No ownership, copyright, trademark, or other intellectual-property rights are conveyed.

3.3  Avatars and Other User Assets

OTP may offer avatars or other on-Site graphics for your personal profile.  Such assets are licensed on the same limited terms set out above and may not be transferred, sublicensed, or commercialized.

3.4  Prohibited Transfers

Any sale, transfer, or attempted sale or transfer of your user account, Digital Pack license, or Site credits is void and constitutes a material breach of this Agreement.

3.5  Service Modifications

OTP reserves the right to modify, suspend, or discontinue the Site—or any feature, Item, or content—at any time with or without notice.  Where we retire a Digital Pack or feature, the associated license terminates automatically.  OTP shall not be liable for any such modification or discontinuance except as expressly required by applicable law.

4. Restrictions on Use of the Site

To protect the integrity of OpenThatPack and its community, you agree not to engage in any of the following conduct (collectively, the “Prohibited Activities”):

1. Misconduct Toward Others

1. Harass, bully, threaten, or stalk any User, customer-service representative, or OTP employee (e.g., repeated unsolicited trade requests or abusive chat messages).
2. Use profanity, hate speech, or other derogatory or discriminatory language in your username, chat posts, or other Site content.
3. Impersonate another individual or entity, or misrepresent your affiliation with any person or organization while using the Site.

1. Misuse of Site Content or IP
2. Upload, post, or transmit any content that infringes another party’s intellectual-property, privacy, or publicity rights, or that contains malware, viruses, or other harmful code.
3. Download, copy, reproduce, distribute, or share Site images, card scans, videos, or other OTP-provided content outside the Site unless expressly authorized by OTP.
4. Use OTP’s or any third-party licensor’s trademarks, logos, or meta tags without prior written permission.
5. Technological Abuse
6. Scrape, crawl, data-mine, mirror, or otherwise extract data from the Site through automated means (including bots and scripts).
7. Probe, scan, or test the vulnerability of any OTP system, or circumvent, disable, or interfere with security-related features.
8. Reverse engineer, decompile, or disassemble any Site software or functionality. Exploit, share, disclose, or otherwise take advantage of any software bug, glitch, or unintended behavior of the Site to obtain an unfair advantage, circumvent purchase limits, manipulate Pack-Wheel outcomes, duplicate Items, or otherwise alter normal operation; you must promptly report any such issue to OTP Support and refrain from further use until we resolve it.
9. Fraud, Deception, and Unlawful Conduct
10. Submit false, misleading, or incomplete information in connection with trades, redemptions, returns, chargebacks, or customer-support inquiries.
11. Initiate excessive or unfounded payment-card chargebacks, as determined by OTP in its sole discretion.
12. Violate any applicable federal, state, provincial, local, or international law or regulation while using the Site.
13. Account and Transaction Integrity
14. Sell, rent, transfer, or attempt to transfer your user account, Site credits, Free-Pack eligibility, or Pack-Wheel spins to any other person or entity.
15. Use the Site to facilitate off-platform cash sales or auctions of Digital Packs, Physical Cards, Site credits, or Pack-Wheel spins.
16. Attempt to override, bypass, or otherwise evade daily Free-Pack limits, Pack-Wheel probabilities, or any other usage caps or purchase restrictions imposed by OTP.

5. Enforcement

OTP reserves the right, in its sole discretion, to determine whether your conduct violates these Prohibited Activities or otherwise constitutes inappropriate use of the Site.  Remedies may include, without limitation:

• Immediate suspension or permanent termination of your account and any associated licenses to Digital Packs and Site credits;
• Cancellation of pending orders or redemptions;
  
  
• Forfeiture of Daily Free-Pack eligibility or Pack-Wheel spins;
• Referral to payment-card networks, law-enforcement authorities, or other third parties where OTP believes unlawful activity has occurred; and/or
• Any other action OTP deems appropriate to protect its rights, the Site, or other Users.

If OTP restricts or suspends your account for twelve (12) consecutive months, OTP may permanently disable and delete all Items, Site credits, or other content associated with that account without further notice.  OTP may update or amend this list of Prohibited Activities at any time; continued use after any update constitutes your acceptance of the revised restrictions.

If you believe your account has been compromised, or that another User has violated these restrictions, please contact OTP Support immediately at legal@openthatpack.com.

 

6. Creating and Maintaining an Account

6.1 Eligibility and Registration

To purchase, open, redeem, sell back, or otherwise interact with Items on the Site, you must register a unique OpenThatPack account (“Account”).  You may open only one Account, and Accounts are strictly personal, non-assignable, and non-transferable.

We offer “one-click” registration and sign-in through third-party authentication providers such as MetaMask (web-wallet), Google/Gmail, and Apple ID (each, an “SSO Method”).  By selecting an SSO Method you:

1. Authorize OTP to receive certain information (e.g., public wallet address, email, display name) from the chosen provider in accordance with that provider’s privacy policy; and
2. Agree that the credentials used with your selected SSO Method (“Login Credentials”) will control access to your Account.

OTP may introduce additional or alternative authentication methods at any time and may require multi-factor authentication for certain transactions.

6.2 Security Obligations

You are solely responsible for:

• Safeguarding your Login Credentials, private keys, recovery phrases, device passwords, and any security codes;
• Monitoring all activity that occurs under your Account or linked wallet; and
• Immediately notifying OTP at support@openthatpack.com of any unauthorized access, suspected breach, or loss of control.

OTP is not liable for any loss, purchase, trade, redemption, charge, or other action made through your Account—whether or not you authorized it.

6.3 Linked-Site Environment

Your Account may enable single-sign-on access to other current or future online properties operated by OTP or its affiliates (collectively, the “OTP Network”).  If OTP suspends, restricts, or terminates your Account for any reason—including a breach of this Agreement—OTP may, in its sole discretion, revoke or limit your access to some or all services within the OTP Network.

6.4 Account Restrictions and Audits

OTP reserves the right to:

• Refuse, suspend, or terminate any Account (or reclaim usernames) at any time for suspected violation of this Agreement, suspected fraud, chargeback abuse, or as required by law;
• Limit the number or value of transactions, redemptions, or Pack-Wheel spins associated with an Account;
• Require additional identity verification (e.g., government-issued ID, proof of address) before permitting withdrawals, redemptions, or further purchases; and
• Conduct periodic audits of Account activity to ensure compliance with these Terms and any Supplemental Rules.

You may not maintain parallel or “sock-puppet” Accounts, operate an Account on behalf of another person or entity, or permit any third party to access or transact through your Account.  Any attempt to sell, rent, or otherwise transfer an Account or its contents is void and constitutes a material breach of this Agreement.

7. Account Information

7.1 Required Data

When you create an Account or purchase Items, we may collect certain information that identifies you or is necessary to fulfil an order, including:

• Full legal name;
• Country of residence and shipping address;
• E-mail address and (where applicable) telephone number;
• Preferred single-sign-on method (e.g., MetaMask public-wallet address, Google account, or Apple ID); and
• Payment-method details, billing address, and any tax-related data we are legally required to obtain.

Together with your password or third-party authentication token (“Login Credentials”), this information constitutes your “Account Information.”  All Account Information is stored and processed in accordance with the OpenThatPack Privacy Policy.

7.2 Accuracy and Updates

You agree to provide truthful, complete, and current Account Information at all times and to promptly update it whenever it changes.  Failure to maintain accurate data may (i) delay shipments or redemptions, (ii) block Account-recovery tools, and/or (iii) trigger suspension or termination of your Account.

7.3 Confidentiality of Credentials

You are solely responsible for:

• Keeping your Login Credentials, wallet recovery phrases, and device passcodes confidential and secure;
• Restricting access to any computer, browser, or mobile device used to log in; and
• All actions taken through your Account, whether or not authorized by you—including purchases, trades, redemptions, site-credit conversions, and customer-service contacts.

OTP is not liable for any loss or damage arising from unauthorized use of your Account or any compromise of your Login Credentials.

7.4 Verification and Compliance

OTP may, at any time, require additional information or documentation—such as government-issued identification, proof of address, or proof of payment ownership—to:

• Validate your identity;
• Comply with know-your-customer (“KYC”) or anti-money-laundering (“AML”) obligations; or
• Investigate suspected fraud, chargeback abuse, or breach of this Agreement.

If you fail to provide requested documentation in a timely manner, OTP may place temporary or permanent holds on your Account, cancel pending orders, or withhold shipments.

7.5 Suspension and Termination

OTP retains sole discretion to suspend, limit, or terminate your Account—or any portion of Site functionality—without prior notice if we believe you have violated this Agreement, submitted false information, engaged in fraud or abuse, or pose a legal or reputational risk to OTP or other Users.  Suspension may include revocation of Digital-Pack licenses, forfeiture of Site credits, and blocking of Pack-Wheel access.  OTP may also disable and delete dormant or suspended Accounts (and all associated Items) after twelve (12) consecutive months of restricted status.

8.  Deletion of Account Information and Data-Privacy Requests

8.1  Right to Erasure

Consistent with the OpenThatPack Privacy Policy and applicable data-protection laws, you may request permanent deletion of the personally identifiable information (“PII”) associated with your Account (“Erasure Request”).  All Erasure Requests must be submitted in writing to legal@openthatpack.com or to the mailing address in Section 29 (Notices).

8.2  Preconditions for Erasure

To safeguard ownership and chain-of-custody, OTP cannot act on an Erasure Request until you certify, in a manner satisfactory to OTP, that you have completed all of the following:

1. Shipped or forfeited Physical Cards.
   
   Either (a) redeemed and taken delivery of every Physical Card you wish to keep or (b) waived any claim to Physical Cards remaining in storage.
2. Relinquished Digital-Item licenses. Confirm that you irrevocably surrender the limited licenses to all Digital Packs, digital cards, Site credits, Pack-Wheel spins, or other virtual items still linked to your Account (and to any other account you control within the OTP Network).
3. Waived residual rights. Acknowledge that deletion of your PII will: (i) render your Account permanently inaccessible; (ii) terminate any unredeemed Digital-Item licenses; and (iii) result in the loss of all remaining Items, Site credits, Free-Pack eligibility, and Pack-Wheel spins—none of which will be refundable or restorable.

OTP may request additional verification (e.g., matching photo ID) before processing an Erasure Request.  Failure to supply complete and accurate confirmations will delay or prevent data deletion.

8.3  Effect of Deletion

Once OTP validates the certifications in Section 8.2 and processes the Erasure Request:

• Your Account and all associated content will be permanently deactivated, and all Items remaining in the account will be deleted or otherwise destroyed.
• Your PII will be expunged from OTP’s active databases and will not be recoverable.  Backup or archival copies retained for legal, compliance, or fraud-prevention purposes will be isolated and protected in accordance with law.
• Any linked accounts within the OTP Network that use the same Login Credentials will also be disabled, and their data will be removed in the same manner.

OTP will not be responsible for any loss, diminution in value, or other damages arising from (i) the deletion of PII, (ii) the termination of Digital-Item licenses, or (iii) the removal of Physical Cards or digital assets pursuant to this Section.

8.4  Irrevocability

Data deletion under this Section is permanent and irreversible.  By submitting an Erasure Request you irrevocably waive any future claim to the deleted Items, Site credits, or account content and release OTP from all liability related to such deletion.

For additional details on how to submit an Erasure Request, please consult the Privacy Policy or contact OTP Support.

9. Account Holds and Disputes

9.1 Right to Impose a Hold.

If OTP determines, in its sole discretion, that (i) a payment dispute, chargeback, fraud investigation, or other controversy involving your Account equals or exceeds ten United States dollars (US $10) (or the local-currency equivalent), or (ii) your activity presents a legal, regulatory, or reputational risk to OTP, we may place a temporary hold (“Hold”) on all or part of your Account.  A Hold may include—without limitation—suspending log-in access, blocking purchases, freezing Site-credit balances, delaying redemptions or shipments, or disabling Pack-Wheel spins across the entire OTP Network.

9.2 Resolution and Recovery of Costs.

The Hold will remain in effect until the underlying dispute is resolved to OTP’s satisfaction.  You agree that OTP may debit your payment method or Site-credit balance for any chargebacks, reversal fees, or other amounts owed, and you further agree to reimburse OTP for all costs—including reasonable attorneys’ fees and collection expenses—incurred in connection with investigating or contesting such disputes.

10. Age and Eligibility Requirements

The Site is intended only for individuals who are at least eighteen (18) years old and otherwise of the age of majority in their jurisdiction.  By accessing or using the Site, you represent and warrant that you satisfy these age requirements and that all registration information you provide is accurate.  You further agree not to enable, encourage, or facilitate any person under the age of majority to access or use the Site or to transact in Items.

OTP reserves the right to request proof of age at any time and to suspend or terminate any Account if age-verification documentation is not provided promptly or if we reasonably believe a minor is using the Site.

11. Public-Safety Disclosure

OTP may disclose Account Information or other personally identifiable information to law-enforcement authorities or other appropriate third parties if, in OTP’s good-faith judgment, such disclosure is reasonably necessary to:

1. Prevent or mitigate imminent physical harm to you, another User, or the public;
2. Protect the rights, property, or safety of OTP, its employees, Users, or third parties; or
3. Report or investigate suspected criminal activity, fraud, or other unlawful or offensive conduct.

Any disclosure under this Section will be limited to information OTP deems reasonably necessary to accomplish the stated purpose and will be made in accordance with applicable privacy laws and the OpenThatPack Privacy Policy.

12. Purchases, Pricing, and Promotions

12.1 Daily Free-Pack Program

OTP may make available one (1) complimentary Digital Pack per eligible User per calendar day (a “Daily Free Pack”). The category, contents, and availability of Daily Free Packs are set solely by OTP and may change or end at any time without notice. Daily Free Packs generally contain only base-set cards and do not include premium inserts (e.g., alternate art, autograph, memorabilia, or ultra-rare variants). All other limitations in this Agreement (including Section 2.3) apply.

12.2 Pricing, Physical-Fulfilment Fee, and Taxes

(a) Digital-Pack Price. The purchase price for each Digital Pack or Box is disclosed at the point of sale in U.S. dollars (or the local-currency equivalent). Prices may fluctuate based on inventory, market demand, or promotional activity and are not confirmed until checkout.

(b) Physical-Fulfilment Fee. If you choose to have the Physical Cards underlying a Digital Pack shipped to you, a per-Item fulfilment fee (the “Fulfilment Fee”) plus shipping, handling, insurance, and any applicable sales tax, GST/HST, VAT, customs duties, or import fees will be charged at the time you submit the shipment request. The current Fulfilment Fee is displayed in the shipping interface before you confirm the order and is subject to change without prior notice.

(c) Geographic Limits. OTP may restrict physical shipment or redemption to, or from, certain jurisdictions based on carrier coverage, customs regulations, or legal considerations. Where shipment is unavailable, your sole remedy is to retain the Digital Pack license or utilise the Site’s Buy-Back programme if the Item is eligible.

12.3 Imagery and Product Descriptions

Images, videos, and descriptions of Items on the Site are illustrative only and may not perfectly represent the actual Item, card centring, foil pattern, or print quality you receive. OTP reserves the right to revise product images, names, or specifications at any time without notice. Your sole remedy for material misdescription is set forth in the Returns and Refunds clause (see Section 16). Displayed pack prices are OTP’s suggested retail prices for in-site purchases and may differ from external market prices.

 

12.4 Rewards, Levels, and Achievements

From time to time OTP may offer in-Site rewards, level-based benefits, or collection achievements (“Achievements”) that can be earned by owning, combining, or redeeming specified Items.

• The availability, criteria, and inventory limits for each Achievement are established solely by OTP and may be changed or withdrawn at any time.
• Achievements may have an expiration date or a maximum-inventory cap; once the earlier of those thresholds is reached, no further Achievements will be issued.
• If you mistakenly trade, sell back, or ship out Items needed to satisfy an Achievement requirement, OTP is not obligated to reverse the transaction or grant an alternative reward.

12.5 Time-Sensitive Redemption Cards

Certain sealed trading-card products may include physical or digital redemption inserts that must be claimed with the original publisher. Unless otherwise stated, all such redemption cards expire two (2) years after 31 December of the copyright year printed on the product wrapper. OTP bears no responsibility for a publisher’s refusal to honour an expired redemption.

12.6 Payment Disputes and Chargebacks

Initiating a payment-card chargeback or reversal without valid cause constitutes a breach of this Agreement. OTP reserves the right to recover the full amount of any chargeback, plus associated bank fees and reasonable attorneys’ fees, by debiting your payment method, deducting Site credits, or instituting formal collection proceedings (see Section 9).

12.7 Loyalty Levels & Cash-Back Credits

OTP may award promotional site-credit rebates (“Cash-Back Credits”) or tiered benefits (“Levels”) based on your cumulative purchases or activity. Cash-Back Credits:

• accrue at the percentage or fixed-value rates posted on the Site at the moment of each qualifying purchase;
• are added as non-withdrawable Site credits once the underlying transaction settles;
• may constitute taxable income—you are solely responsible for all reporting and tax liabilities;
• expire twenty-four (24) months after they are issued unless a longer period is required by law; and
• have no cash or legal-tender value and may be modified, devalued, or cancelled at OTP’s sole discretion, including retroactively in cases of suspected abuse, refunds, or chargebacks.
  
  Levels and the benefits they unlock (e.g., higher buy-back multipliers) are discretionary and may be changed or discontinued at any time without notice.

12.8 Affiliate (Referral) Program

(a) Overview. OTP may allow approved Users (“Affiliates”) to share a unique referral link or code (“Affiliate Code”). When a new User (“Referred User”) creates an Account with that Affiliate Code, the Affiliate earns a percentage of the Referred User’s future platform deposits in the form of non-withdrawable Site credits (“Affiliate Credits”).

(b) No Cash Value. Affiliate Credits have no cash or fiat value, cannot be withdrawn, transferred, or sold, and may be spent only to purchase Digital Packs, Pack-Wheel spins, or other Services on the Site. They are subject to all Site-credit rules in §§ 12.7 and 16.3 (including 24-month expiration or a maintenance fee where expiration is prohibited by law).

(c) Separate Affiliate Terms. Participation requires acceptance of the OpenThatPack Affiliate Agreement (the “Affiliate Terms”), which sets commission percentages, eligible deposit definitions, fraud-review windows, and marketing guidelines. By generating or distributing an Affiliate Code you agree to be bound by the Affiliate Terms. If this Agreement and the Affiliate Terms conflict, the Affiliate Terms control solely for Affiliate matters.

(d) Marketing Conduct. Affiliates must (i) comply with all anti-spam, advertising, and consumer-protection laws; (ii) make only truthful, non-misleading statements about the Site and the value of Affiliate Credits; and (iii) avoid marketing to minors or jurisdictions that prohibit such promotions.

(e) Programme Changes & Termination. OTP may alter commission rates, crediting schedules, or eligibility criteria, or may suspend/terminate any Affiliate or the entire programme, at any time in its sole discretion. Uncredited or unvested Affiliate Credits are forfeited upon programme termination or Affiliate breach.

(f) Independent Status. Affiliates are independent platform users—not employees, agents, or partners of OTP—and are responsible for any personal tax reporting that may arise from the receipt or use of Affiliate Credits.

13. Payment, Taxes, and Shipping

13.1  Accepted Payment Methods

(a) USD Card Payments (Stripe).  All card transactions are processed in United States dollars (“USD”) through Stripe, Inc. (“Stripe”).  By submitting a payment, you authorize OTP and Stripe to debit the card or bank account you designate for the full purchase amount, plus any applicable shipping, taxes, or fees.  Your card issuer may impose currency-conversion or foreign-transaction fees if your funding source is denominated in a currency other than USD; such fees are solely your responsibility.

(b) Cryptocurrency Payments (Coinbase Commerce).  We also accept select cryptocurrencies (currently coins supported by Coinbase Commerce) for checkout totals displayed in USD.  The crypto-to-USD exchange rate, network fees, and required confirmations are determined by Coinbase Commerce at the time you initiate payment.  All crypto transactions are final once recorded on the relevant blockchain; partial refunds, reversals, or chargebacks are not supported.  Any disputes must be resolved directly with OTP in USD value, less network fees, at OTP’s discretion.

(c) Third-Party Terms and Disclaimers.  Your use of Stripe or Coinbase Commerce is subject to each provider’s own terms of service and privacy policy.  OTP disclaims all liability for losses, delays, or unauthorized charges arising from your interaction with these third-party processors.

13.2  Taxes and Duties

OTP collects and remits sales, use, goods-and-services, value-added, or similar taxes (“Taxes”) where required by law, based on your shipping address.  Taxes are calculated at checkout and shown on your invoice.  You are responsible for any additional import duties, customs fees, brokerage charges, or GST/HST assessed after shipment.

13.3  Fulfilment Fees and Shipping Costs

A per-Item Fulfilment Fee (see §12.2) plus carrier shipping, handling, and optional insurance charges will be quoted at checkout for each Physical-Card shipment.  Rates vary by destination, weight, declared value, and service level, and are subject to change without notice.

13.4  Shipment, Risk of Loss, and Insurance

• Carrier and Timeframes.  OTP ships via major carriers (e.g., USPS, UPS, FedEx, DHL).  Estimated delivery dates are not guaranteed and delays outside OTP’s control (e.g., customs holds, weather, labor strikes) do not give rise to refunds.
• Risk of Loss.  Title and risk of loss for Physical Cards pass to you when the shipment is accepted by the carrier.  You are responsible for selecting a service level (and, where offered, insurance) that matches your risk tolerance.
• Declared Value and Replacement.  You must accurately declare the value of each shipment at checkout.  If insured goods are lost or damaged in transit, OTP may—at its sole discretion and up to the declared value—replace the cards with identical items or items of comparable market value.  OTP’s liability will never exceed the lesser of (i) the declared value or (ii) the Fulfilment Fee you paid for that shipment.

13.5  Geographic and Licensing Restrictions

Certain branded products (e.g., publisher-licensed sets) may not be exported to, or redeemed from, specific jurisdictions (“Restricted Territories”) due to contractual or regulatory constraints.  The checkout flow will block shipments of restricted Items to those destinations.  Attempting to circumvent these controls violates this Agreement and may result in order cancellation and Account suspension.

13.6  Price Changes and Errors

All prices, Fulfilment Fees, and shipping rates are subject to change without notice.  OTP reserves the right to correct pricing errors or cancel orders that contain materially incorrect pricing or availability information, even after payment has been captured.  If OTP cancels an order after payment, OTP will promptly refund the amount paid to the original funding source (less non-refundable network fees for crypto payments).

14. Data-Protection Compliance (GDPR)

14.1 Data Controller

For Users located in the European Economic Area (“EEA”), the United Kingdom, or Switzerland, RW.SOFTWARE LLC (“OTP”) acts as the data controller for personal data collected through the Site.  Our contact for data-protection matters is:

RW.SOFTWARE LLC – GDPR Inquiries

5900 Balcones Drive, Suite 100

Austin, TX 78731, USA

gdpr@openthatpack.com

14.2 Lawful Bases for Processing

OTP processes your personal data only where a lawful basis applies, including:

• Contract performance – to create your Account, fulfil orders, deliver Physical Cards, and provide customer support.
• Legitimate interests – to prevent fraud, secure our platform, improve services, and conduct analytics (balanced against your rights).
• Consent – for optional marketing communications or, where required, for certain cookies and location-based services.
• Legal obligation – to comply with tax, accounting, and anti-money-laundering laws.

14.3 International Transfers

Your data is stored on servers located in the United States.  Where EU, UK, or Swiss data travels outside those jurisdictions, OTP implements appropriate safeguards—such as the European Commission’s Standard Contractual Clauses—so that your rights travel with your data.

14.4 Data-Subject Rights

Subject to verification, you have the right to access, rectify, erase, restrict, or port your personal data, and to object to certain processing.  You may exercise these rights by emailing gdpr@openthatpack.com.  If you believe we have not handled your request properly, you have the right to lodge a complaint with your local supervisory authority.

14.5 Retention

We retain personal data only as long as necessary for the purposes set out in this Agreement or as required by law (e.g., seven years for accounting records in many jurisdictions).  See the Privacy Policy for full details.

15. 
    
    Returns, Refunds, and Error Resolution

15.1 No Right of Return or Cancellation.

Except as expressly provided in Section 15.2, all sales of Digital Packs, Physical Cards, Site credits, Pack-Wheel spins, and related services are final, non-cancelable, non-returnable, and non-refundable. Cryptocurrency payments are likewise irrevocable once confirmed on the relevant blockchain.

15.2 Damaged-in-Transit or Fulfilment Errors.

If (i) a Physical Card arrives materially damaged* or (ii) you receive a card that is not the card listed on your packing slip, you must notify OTP at support@openthatpack.com within five (5) calendar days of delivery and attach clear photographs of both the shipping container and the affected card. OTP, in its sole discretion, may:

• replace the card with an identical or substantially equivalent card, or
• credit your Account with Site credits equal to our then-current buy-back price for that card.

Return shipping instructions (including prepaid labels, if applicable) will be provided when OTP authorises a replacement.  Items returned without prior authorisation, or returned in a condition inconsistent with the reported damage, will be refused and no remedy will be offered.

*Normal manufacturing imperfections (e.g., centring, print lines, minor corner wear) do not constitute “material damage” for purposes of this Section.

15.3 Technical-Receipt Issues.

Report any technical error relating to the delivery of a Digital Pack or Digital card immediately to OTP Support. OTP will make reasonable efforts to correct verified errors but is not responsible for delays caused by your internet connection, wallet misconfiguration, or third-party outages.

15.4 Global Shipping.

OTP offers shipment of Physical Cards to most jurisdictions worldwide, subject to carrier availability, customs regulations, and any Restricted-Territory limitations identified in Section 13.5.

 

16. OTP Buy-Back Program

16.1 Overview

OTP may publish indicative prices at which it is willing to repurchase specific Digital cards (the “Buy-Back Price”). Participation in the buy-back program is optional and subject to the conditions below.

16.2 Offer and Acceptance

• A Buy-Back Price is an invitation to make an offer, not a binding offer by OTP. Prices may be changed or withdrawn at any time prior to your acceptance.
• You accept a Buy-Back Price by selecting the eligible card(s) in your inventory and confirming the sale within the Site interface. Your confirmation constitutes an irrevocable offer to sell the selected card(s) to OTP at the displayed price.
• The sale is complete, and Site credits are posted to your Account, only after OTP’s system records the transaction.

16.3 Site-Credit Proceeds

Buy-Back proceeds are issued exclusively as non-withdrawable Site credits. Site credits have no cash value, are not legal tender, and may be used only for future purchases on the Site. Site credits expire or are deactivated if your Account is closed or suspended under this Agreement. Site credits expire twenty-four (24) months after the most recent account activity or are deactivated if your Account is closed or suspended under this Agreement, unless applicable law prohibits expiration, in which case OTP may charge a monthly maintenance fee equal to the remaining credit balance.

 

16.4 No Warranties on Valuation

OTP makes no representation or warranty that any Buy-Back Price reflects market value. By participating, you acknowledge that (i) card prices fluctuate, (ii) OTP may immediately resell, grade, or otherwise dispose of repurchased cards at its sole discretion, and (iii) you are selling at your own risk.

16.5 Program Changes

OTP may modify, suspend, or terminate the buy-back program—or the eligibility of any card series—at any time without notice. Confirmed transactions submitted before a change will be honoured according to the terms in effect at the time of your acceptance.

 

17. Suspension, Termination, and Removal of Content

17.1 OTP’s Right to Act

OTP may, at any time and in its sole discretion, temporarily suspend, restrict, or permanently terminate:

• Your Account and any other account you control within the OTP Network;
• Access to specific Site features (e.g., Pack-Wheel spins, Buy-Back, Daily Free Packs); or
• Any outstanding order, redemption request, or Site-credit balance,

if OTP believes you have violated this Agreement, created legal or financial exposure for OTP, engaged in fraud or charge-back abuse, or otherwise acted contrary to OTP’s legitimate interests.  OTP may take these actions with or without prior notice, except as required by law.

17.2 Notice of Termination

Where practicable and not prohibited by law-enforcement or regulatory request, OTP will email you at the address on file a Termination Notice at least fourteen (14) calendar days before permanent closure (“Action Period”).  The notice will describe how to:

1. Redeem or ship eligible Physical Cards in OTP custody;
2. Spend any remaining Site credits; and
3. Download transaction history for your records.

OTP is not obligated to provide notice if (i) we reasonably believe you are engaged in unlawful conduct, (ii) the integrity or security of the Site is at risk, or (iii) notice would expose OTP or others to liability.

17.3 Consequences of Closure

Upon the earlier of (a) expiration of the Action Period or (b) immediate termination without notice under Section 17.1:

• Your license to all Digital Packs and digital cards is revoked, and the items revert to OTP ownership;
• Any unredeemed Physical Cards still stored with OTP are deemed abandoned and become OTP property without compensation;
• Site credits, Free-Pack eligibility, and Pack-Wheel spins are forfeited and have no cash value;
• You lose access to the Site and all accounts in the OTP Network; and
• OTP may, after twelve (12) consecutive months of disabled status, permanently delete your Account data and content.

OTP will not be liable for any losses, lost profits, or damages arising from or relating to an Account suspension or termination executed in good-faith reliance on this Section.

17.4 Ongoing Obligations

Termination of your Account does not relieve you of (i) any obligation to pay amounts owed to OTP, (ii) liability for chargebacks or fraud, or (iii) your responsibility to comply with Sections that, by their nature, survive termination, including but not limited to Intellectual-Property, Disclaimers, Limitation of Liability, Indemnification, Governing Law, and Dispute Resolution.

17.5 No Waiver of Remedies

OTP’s exercise of any right under this Section does not waive any other legal or equitable remedy available to OTP, including the right to pursue injunctive relief, specific performance, or monetary damages.

18. Proprietary Rights and Permitted Use

18.1 Ownership of Site Materials

Except for card artwork, trademarks, and logos that are the property of their respective rights-holders and are displayed on the Site solely for identification of the Items offered, all content, code, and functionality appearing on or generated by the Site—including but not limited to text, graphics, logos, button icons, images, audio or video clips, data compilations, software, and the compilation, arrangement, and “look and feel” thereof (collectively, “Site Materials”)—are the exclusive property of RW.SOFTWARE LLC or its licensors and are protected by United States and international copyright, trademark, patent, trade-secret, and other intellectual-property laws.

18.2 Limited Personal License

OTP grants you a personal, non-exclusive, non-transferable, non-sublicensable, revocable license to access and display the Site Materials on a computer or mobile device strictly for your own non-commercial, collectible-hobby use and solely in accordance with this Agreement.  You may download or print Site Materials only if (i) the Site expressly states that the material is downloadable and (ii) you retain all copyright and proprietary notices embedded in or accompanying those materials.

18.3 Prohibited Exploitation

You may not, except with OTP’s prior written consent:

• copy, reproduce, republish, upload, post, transmit, distribute, modify, translate, adapt, decompile, reverse-engineer, or create derivative works based on any Site Materials;
• use any data-mining, scraping, robot, or similar data-gathering tool on the Site;
• frame, mirror, or otherwise incorporate any portion of the Site into another website or service; or
• use OTP’s or any third-party licensor’s trademarks, logos, or other proprietary marks in meta tags or hidden text.

18.4 No Implied Rights

Nothing on the Site shall be construed as granting—by implication, estoppel, or otherwise—any license or right to use Site Materials or third-party intellectual property without the prior written permission of OTP or the applicable rights-holder.  Any unauthorized use of the Site Materials is strictly prohibited.

18.5 Enforcement

OTP vigorously protects its intellectual-property rights and those of its licensors.  OTP reserves all rights and remedies available at law and in equity, including the pursuit of civil damages and referral for criminal prosecution, against anyone who violates this Section.

Trademark Notice:  All third-party brands, product names, and logos displayed on the Site are the property of their respective owners and are used solely for the purpose of identifying the products we sell and store.  No endorsement by, or affiliation with, such owners is implied.

19.  DMCA Copyright-Infringement Policy

The Digital Millennium Copyright Act of 1998 (“DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights.  If you believe, in good faith, that content hosted on OpenThatPack infringes a copyright you own, you (or your agent) may send OTP a written notice that complies with §512(c)(3) of the DMCA.

19.1  Designated Agent

DMCA Agent

RW.SOFTWARE LLC

5900 Balcones Drive, Suite 100

Austin, TX 78731, USA

Email: dmca@openthatpack.com

19.2  Required Elements of a DMCA Notice

For your notice to be effective under the DMCA, it must include all of the following:

1. Signature: A physical or electronic signature of a person authorised to act on behalf of the copyright owner.
2. Work Identified: Identification of the copyrighted work claimed to have been infringed, or, if multiple works at a single online location are covered by one notice, a representative list of such works.
3. Location of Infringing Material: Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or disabled, with information reasonably sufficient to permit OTP to locate the material (e.g., direct URL).
4. Contact Information: Information reasonably sufficient to permit OTP to contact the complaining party, such as a mailing address, telephone number, and an email address.
5. Good-Faith Statement: A statement that the complaining party has a good-faith belief that the disputed use is not authorised by the copyright owner, its agent, or the law.
6. Accuracy & Authority Statement: A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorised to act on behalf of the owner of the exclusive right that is allegedly infringed.

OTP encourages you to review 17 U.S.C. §512(c)(3) in full before submitting a notice.  Incomplete or non-compliant notices may not receive a response.

19.3  Counter-Notification

If OTP removes or disables access to material in response to a valid DMCA notice, we will make a good-faith attempt to contact the affected user with information about how to submit a counter-notification under §512(g) of the DMCA.  Upon receipt of a valid counter-notification, OTP may reinstate the content in accordance with the DMCA.

19.4  Repeat-Infringer Policy

In appropriate circumstances and at OTP’s sole discretion, OTP may terminate or restrict the accounts of users who are found to be repeat infringers or who otherwise violate this Agreement following notice of alleged infringement.

20.  Disclaimers

20.1  “As-Is / As-Available” Basis

THE SITE, DIGITAL PACKS, PHYSICAL CARDS, DAILY FREE PACKS, PACK-WHEEL SPINS, BUY-BACK PRICES, CHAT FEATURES, REWARD PROGRAMMES, AND ALL OTHER CONTENT OR SERVICES (COLLECTIVELY, “SERVICES”) ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND.  RW.SOFTWARE LLC (“OTP”) DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, NON-INFRINGEMENT, QUIET ENJOYMENT, OR ANY WARRANTIES THAT ARISE FROM TRADE USAGE OR COURSE OF DEALING.

 

EXCEPT AS EXPRESSLY SET FORTH HEREIN, OTP PROVIDES THE SITE, ITEMS, AND ALL CONTENT “AS IS,” “AS AVAILABLE,” AND WITH “ALL FAULTS,” AND EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES—STATUTORY, EXPRESS, AND IMPLIED—INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY, TITLE, AND NON-INFRINGEMENT.

 

20.2  No Performance or Value Guarantees

OTP DOES NOT WARRANT, REPRESENT, OR GUARANTEE THAT:

• THE SITE OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR FREE OF MALICIOUS CODE;
• ANY PARTICULAR DIGITAL PACK, PHYSICAL CARD, OR DAILY FREE PACK WILL REMAIN AVAILABLE;
• LISTED BUY-BACK PRICES REFLECT CURRENT MARKET VALUE;
• PACK-WHEEL / DIGITAL PACK OUTCOMES, REWARD CALCULATIONS, OR STATISTICS ARE ERROR-FREE; OR
• ANY CONTENT DISPLAYED ON THE SITE IS COMPLETE, ACCURATE, OR UP-TO-DATE.
• OTP makes no representation that any blockchain, RNG, or smart contract used to generate Pack-Wheel outcomes will operate without interruption, fork, or error.
• Software Integrity. OTP DOES NOT REPRESENT OR WARRANT THAT THE SITE SOFTWARE, SMART CONTRACTS, OR RANDOM-NUMBER-GENERATION (“RNG”) MECHANISMS WILL BE FREE FROM BUGS, VULNERABILITIES, EXPLOITS, MALFUNCTIONS, OR UNAUTHORISED THIRD-PARTY INTRUSIONS. ANY RESULTING LOSS OF SITE CREDITS, DIGITAL ITEMS, DATA, OR VALUE IS SOLELY YOUR RESPONSIBILITY.
• Card Quality. OTP MAKES NO GUARANTEE OF (i) CARD GRADES, PRINT QUALITY, CENTERING, OR CONDITION, (ii) THE “HIT-RATE” OR VALUE OF CARDS PULLED FROM ANY PACK, OR (iii) ACHIEVING ANY PARTICULAR COLLECTIBLE OR MONETARY OUTCOME.

 

 

NO ORAL OR WRITTEN ADVICE OR INFORMATION OBTAINED FROM OTP OR THROUGH THE SITE CREATES ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.

20.3  User Assumption of Risk

YOU ACCESS AND USE THE SERVICES AT YOUR OWN RISK.  WITHOUT LIMITING THE FOREGOING, YOU ASSUME FULL RESPONSIBILITY FOR:

• THE SELECTION, OPENING, REDEMPTION, OR SALE OF ANY DIGITAL PACK OR PHYSICAL CARD;
• MAINTAINING THE SECURITY OF YOUR LOGIN CREDENTIALS, WALLET KEYS, AND DEVICES;
• ANY LOSS OF DATA, LOSS OF VALUE, OR DAMAGE TO HARDWARE RESULTING FROM DOWNLOADING OR USING CONTENT FROM THE SITE; AND
• COMPLYING WITH ALL LAWS THAT APPLY TO YOUR LOCATION AND TRANSACTIONS.
• Bugs, Hacks & Exploits. YOU ACKNOWLEDGE THAT ALL ONLINE SYSTEMS CARRY INHERENT RISK OF SOFTWARE DEFECTS, HACKING, AND EXPLOITATION; YOU ACCEPT FULL RESPONSIBILITY FOR ANY RESULTING LOSSES, WHETHER OR NOT OTP WAS AWARE OF THE POSSIBILITY.

 

OTP IS NOT RESPONSIBLE FOR, AND DISCLAIMS LIABILITY RELATING TO, (i) UNAUTHORISED ACCESS TO OR USE OF YOUR ACCOUNT, (ii) PRICE OR MARKET FLUCTUATIONS, OR (iii) YOUR FAILURE TO COMPLETE A BUY-BACK OR REDEMPTION BEFORE AN ITEM IS MODIFIED OR REMOVED.

20.4  Third-Party Services

Payments processed through Stripe, Coinbase Commerce, shipping carriers, or any hyperlinked websites are governed solely by those third parties’ terms and privacy policies.  OTP disclaims all liability for losses or disputes arising from your use of such third-party services.

20.5  Limitation in Certain Jurisdictions

Some jurisdictions do not allow the exclusion of implied warranties.  To the extent such laws apply, the above exclusions shall apply to the fullest extent permitted by the laws of your jurisdiction.

20.6  Sole Remedy

YOUR ONLY REMEDY FOR DISSATISFACTION WITH THE SITE, SERVICES, OR THIS AGREEMENT IS TO STOP USING THE SITE AND CLOSE YOUR ACCOUNT.

21. Third-Party Websites, Wallets, Extensions, and Applications

21.1  No Endorsement or Control

The Site may contain links to, or integrate with, websites, browser extensions, software wallets, mobile applications, payment processors (e.g., Stripe, Coinbase Commerce), shipment-tracking portals, social-media platforms, or other services that are not operated or controlled by OTP (“Third-Party Services”).  OTP provides access to these Third-Party Services solely as a convenience and does not endorse, monitor, verify, or assume responsibility for:

• the content, accuracy, or policies of any Third-Party Service;
• any products or services advertised, offered, or sold through a Third-Party Service; or
• any security, data-handling, or legal compliance practice of a Third-Party Service.

21.2  Independent Relationship

When you access or use a Third-Party Service, you do so entirely at your own risk.  Your interactions are governed exclusively by the terms, policies, and privacy practices of the relevant third party, not by this Agreement.  OTP is not a party to and is not liable for any contract, transaction, or dispute you enter into with a third party.

21.3  Browser Extensions and Custom Scripts

OTP neither develops nor supports any third-party browser extensions, user scripts, automation tools, or plug-ins (collectively, “Extensions”) that claim to interface with the Site.  Use of any Extension may expose you to account takeover, data loss, or unintended transactions.  OTP disclaims all liability for losses or harms arising from or related to your installation or use of Extensions.

21.4  Wallet Software and Blockchain Networks

Accessing your Account via external wallet software (e.g., MetaMask) or interacting with public blockchains is subject to the performance, security, and consensus rules of those independent networks.  OTP makes no representations or warranties regarding (i) network uptime, (ii) transaction finality, (iii) smart-contract security, or (iv) the continued operation of any blockchain.

21.5  Hyperlinks Do Not Imply Endorsement

A link from the Site to a Third-Party Service (or vice-versa) does not imply that OTP:

• approves or recommends the Third-Party Service;
• makes any warranty or representation regarding the Third-Party Service; or
• accepts any responsibility for the Third-Party Service’s content, privacy practices, or operation.

21.6  Hold Harmless

To the fullest extent permitted by law, you agree to hold OTP harmless from, and waive all claims against OTP for, any loss, damage, liability, or expense (including attorneys’ fees) arising out of or relating to your use of, or reliance on, any Third-Party Service or Extension.

22.  Changes to This Agreement

OTP may amend, modify, or replace any portion of this Agreement or the Privacy Policy at any time in its sole discretion.  When we do so, we will post the revised document on the Site and update the “Last Updated” date at the top.  For changes we deem material, we will also provide additional notice—such as an in-Site banner, pop-up, or email to the address on file—at least fourteen (14) calendar days before the amendment becomes effective.

Your continued access to or use of the Site after the effective date of any amendment constitutes your binding acceptance of the revised terms.  If you do not agree to be bound by the amended Agreement, you must cease all use of the Site and close your Account before the effective date; otherwise, the new terms will apply to you.

23.  Indemnification

You agree to indemnify, defend, and hold harmless RW.SOFTWARE LLC and its parents, subsidiaries, affiliates, officers, directors, employees, agents, licensors, and service providers (collectively, the “Indemnified Parties”) from and against any and all claims, demands, actions, proceedings, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable attorneys’ fees and court costs) arising out of or relating to:

1. your access to or use of the Site, Items, Pack-Wheel, Daily Free Packs, or any other Service;
2. any transaction, sale, buy-back, redemption, or attempted transaction involving Items or Site credits;
3. any content, data, or material you submit, post, transmit, or otherwise make available through the Site;
4. your breach or alleged breach of this Agreement, the Privacy Policy, or any applicable law, rule, or regulation;
5. your violation of any third-party right, including without limitation intellectual-property, publicity, confidentiality, or privacy rights; or
6. your use of, or interaction with, any Third-Party Service, wallet, extension, or payment processor.

OTP reserves the right—at its sole option and expense—to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with OTP in asserting any available defenses.  You may not settle any claim that imposes any obligation or liability on the Indemnified Parties without OTP’s prior written consent.

24. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL RW.SOFTWARE LLC OR ITS PARENT, SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE-PROVIDERS, PAYMENT-PROCESSORS, SHIPPING CARRIERS, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, SUCCESSORS, OR ASSIGNS (COLLECTIVELY, “OTP PARTIES”) BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR ENHANCED DAMAGES—INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST DATA, BUSINESS INTERRUPTION, LOSS OF GOODWILL, OR DIMINUTION IN VALUE—ARISING OUT OF OR RELATING TO (i) THE SITE OR ANY CONTENT THEREON, (ii) DIGITAL PACKS, PHYSICAL CARDS, DAILY FREE PACKS, PACK-WHEEL SPINS, BUY-BACK PRICES, OR OTHER SERVICES, (iii) ANY SECURITY BREACH OR UNAUTHORISED ACCESS TO YOUR ACCOUNT, (iv) ANY THIRD-PARTY STATEMENTS, CONDUCT, OR CONTENT ON OR LINKED FROM THE SITE, OR (v) THIS AGREEMENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF THE OTP PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN ALL EVENTS, THE AGGREGATE LIABILITY OF THE OTP PARTIES FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE SITE OR THIS AGREEMENT SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT YOU ACTUALLY PAID TO OTP FOR DIGITAL PACKS, FULFILMENT FEES, AND PACK-WHEEL SPINS IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED UNITED STATES DOLLARS (US $100). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT.

24.1 Off-Platform Transactions

OTP PROVIDES THE SITE SOLELY AS DESCRIBED IN THIS AGREEMENT.  ANY PURCHASE, SALE, TRANSFER, OR OTHER TRANSACTION INVOLVING ITEMS THAT OCCURS OUTSIDE THE SITE (E.G., VIA EBAY, SOCIAL-MEDIA MARKETPLACES, PRIVATE SALES, OR OTHER PLATFORMS) IS ENTIRELY AT YOUR OWN RISK.  THE OTP PARTIES DISCLAIM ALL LIABILITY FOR LOSSES, DISPUTES, MISREPRESENTATIONS, NON-DELIVERY, OR ANY OTHER ISSUE ARISING FROM OR RELATED TO OFF-PLATFORM TRANSACTIONS.

24.2 Jurisdictional Limits

Certain jurisdictions do not allow the exclusion or limitation of certain damages.  TO THE EXTENT SUCH LAWS APPLY TO YOU, THE ABOVE EXCLUSIONS AND LIMITATIONS WILL APPLY ONLY TO THE MAXIMUM EXTENT PERMITTED BY THOSE LAWS.

25. Governing Law

This Agreement, and any dispute, claim, or cause of action arising out of or relating to the Site, the Services, or the transactions contemplated hereby—whether sounding in contract, tort, statute, or otherwise—shall be governed by and construed exclusively in accordance with the laws of the State of Texas, United States of America, without giving effect to any choice- or conflict-of-laws rule that would result in the application of the laws of any other jurisdiction.  The United Nations Convention on Contracts for the International Sale of Goods (CISG) shall not apply.

26. Dispute Resolution

26.1 Agreement to Arbitrate

Except for the specific exclusions in Section 26.4, you and RW.SOFTWARE LLC (“OTP”) agree that any dispute, claim, or controversy (“Dispute”) arising out of or relating in any way to (i) this Agreement; (ii) your access to or use of the Site, Items, Pack-Wheel, Buy-Back programme, or any related service; or (iii) the interpretation, validity, scope, enforceability, or formation of this Agreement, shall be resolved exclusively and finally by binding arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (“AAA Rules”) as modified by this Section.  A current copy of the AAA Rules is available at https://www.adr.org.

• Seat / Venue. Unless the Parties agree otherwise, the arbitration shall be conducted by a single, neutral arbitrator physically located (or videoconferenced) in Austin, Texas, USA.
• Governing Law. The Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1 et seq., governs the interpretation and enforcement of this Section; Texas law (see Section 25) governs all other issues.
• Filing. Instructions for commencing arbitration are provided in Rule R-2 of the AAA Rules.  If you initiate arbitration, you must send a copy of the demand to legal@openthatpack.com.
• Fees. OTP will pay all AAA filing, administrative, and arbitrator fees for claims totaling US $10,000 or less.  For larger claims, fees will be allocated in accordance with the AAA Rules, unless the arbitrator determines that a claim is frivolous, in which case fees may be re-allocated.  Each party bears its own attorneys’ fees unless the arbitrator awards otherwise under applicable law.
• Discovery; Confidentiality. The arbitrator may allow limited discovery consistent with the streamlined nature of arbitration and will honour all legally recognised privileges.  All proceedings, submissions, and awards shall remain confidential except to the extent disclosure is required by law or to enforce an award.
• Award. The arbitrator’s decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.  The arbitrator has no authority to award punitive or exemplary damages except where such damages would be available under governing substantive law had the claim been litigated in court.

26.2 Delegation of Gateway Issues

THE PARTIES EXPRESSLY AGREE THAT THE ARBITRATOR—NOT ANY COURT—SHALL HAVE EXCLUSIVE AUTHORITY TO RESOLVE ALL THRESHOLD OR “GATEWAY” ISSUES, including but not limited to disputes over:

• the existence, scope, or validity of this arbitration agreement,
• any claim that all or part of this arbitration agreement is void or voidable,
• whether a particular claim is arbitrable, and
• whether a party waived the right to arbitrate.

26.3 Class-Action Waiver

ARBITRATION SHALL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS.  Neither you nor OTP shall have the right—or authority—to arbitrate any claim as a class action, private attorney-general action, or in any other representative capacity.  The arbitrator may award relief only in favour of the individual party seeking relief and only to the extent necessary to resolve that party’s individual claim.  If a court determines that any part of this class-action waiver is unenforceable with respect to a particular claim, that claim (and only that claim) must be severed from arbitration and may be pursued in court.

26.4 Exclusions from Arbitration

The arbitration agreement in Section 26.1 does not apply to:

1. Small-Claims Relief. Either party may bring an eligible claim in the small-claims court of Travis County, Texas (or the small-claims court in the jurisdiction of the consumer’s residence).
2. Intellectual-Property Litigation. Either party may seek injunctive or declaratory relief for alleged infringement, misappropriation, or invalidity of patents, copyrights, trademarks, or trade secrets in any court of competent jurisdiction.
3. Provisional Remedies. Either party may seek temporary injunctive relief or other provisional remedies in aid of arbitration from a state or federal court in Travis County, Texas without waiving the right to arbitrate.

26.5 Survival; Severability

This Section 26 survives termination of your Account or this Agreement.  If any portion of this Section is found unenforceable as to a particular claim or remedy, that portion shall be severed, and the remaining provisions shall remain in full force and effect.

27. Class- and Collective-Action Waiver

27.1 Individual-Claim Requirement

To the fullest extent permitted by applicable law, each Dispute must be brought solely in your—or OTP’s—individual capacity and not as a plaintiff or class member in any purported class, collective, consolidated, representative, or private-attorney-general proceeding (collectively, “Class Action”).  You and OTP expressly waive the right to litigate or arbitrate any Dispute on a class or representative basis in any forum.

27.2 Limits on Arbitrator’s Authority

The arbitrator selected under Section 26 shall have no authority to:

• join, consolidate, or aggregate claims of more than one person or entity;
• preside over any Class Action; or
• issue any relief that applies to any person or entity other than the individual parties to the arbitration.

The arbitrator may award monetary or injunctive relief only in favour of the individual party seeking relief and only to the extent necessary to resolve that party’s own claim.

27.3 Court Determination of Waiver Validity

Any challenge to the validity, enforceability, scope, or revocability of this Class-Action Waiver shall be decided exclusively by a court of competent jurisdiction and not by the arbitrator.  If a court determines that this waiver is unenforceable as to a particular claim or requested remedy, that claim or remedy (and only that claim or remedy) shall be severed from arbitration and may proceed in court; all remaining claims shall continue to be arbitrated individually.

27.4 Jury-Trial Waiver

YOU AND OTP UNDERSTAND AND AGREE THAT, BY ENTERING INTO THIS AGREEMENT, EACH PARTY IS IRREVOCABLY WAIVING THE RIGHT TO: (A) A TRIAL BY JURY; AND (B) PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING.

27.5 Survival

This Class-Action Waiver is material to the Parties’ agreement to arbitrate and shall survive termination of your Account, cessation of Site use, and the conclusion of any arbitration or court proceeding.

28. Order Acceptance; Transaction Limits

OTP reserves the right, at any time and for any reason, to refuse, limit, or cancel any order submitted through the Site, whether or not the order has been confirmed or payment has been captured.  In exercising this right, OTP may apply per-person, per-household, per-account, per-payment-method, per-IP address, or per-shipping-address limits on (i) the dollar value of purchases, (ii) the number of Digital Packs, Pack-Wheel spins, or Daily Free Packs, or (iii) any combination thereof.

If OTP cancels or materially modifies an order after payment has been processed, OTP will attempt to notify you using the e-mail address, telephone number, or billing address provided at checkout and will issue an appropriate refund to the original payment method (less non-refundable crypto-network fees, if applicable).  OTP may refuse or cancel any order that, in its sole judgment, (a) appears to circumvent quantity limits, purchase restrictions, or automated protections, or (b) is placed by an unauthorised or suspicious party (including the use of VPNs, bots, or spoofed credentials).  OTP also reserves the right to disable any Account involved in such activity.

29. Notices and Communications

29.1 Notices from OTP to You

OTP may provide any notice required or permitted under this Agreement by:

1. email to the address associated with your Account;
2. posting the notice within your Account dashboard or as an in-Site banner; or
3. first-class mail or courier to the most recent physical address you provided (for Accounts with verified shipping addresses).

Delivery is effective on the date the email is sent or the notice is posted, or three (3) business days after mailing, whichever occurs first.

29.2 Notices from You to OTP

Except where this Agreement specifies another address or method (e.g., DMCA, GDPR, or arbitration notices), all legal notices to OTP must be in writing and delivered by certified U.S. Mail, return-receipt requested, or by an internationally recognised courier service, to:

RW.SOFTWARE LLC – Legal Department

5900 Balcones Drive, Suite 100

Austin, TX 78731, USA

Email for general legal inquiries: legal@openthatpack.com

Notices are deemed given when received and signed for by OTP (or when delivery is refused).  Routine customer-service questions should be submitted through the Site’s “Contact Us” form or emailed to support@openthatpack.com.

30. Waiver

The failure of RW.SOFTWARE LLC (“OTP”) to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of that provision or any other right.  No waiver or consent is effective unless it is in a writing signed by an authorised representative of OTP, and any single waiver shall not be deemed a continuing or subsequent waiver of the same or any other provision.

31. Entire Agreement

This Agreement—including the Privacy Policy and any Supplemental Terms incorporated by reference—constitutes the entire agreement between you and OTP regarding the Site and supersedes all prior or contemporaneous understandings, communications, and proposals, whether oral or written.  OTP may amend this Agreement as provided in Section 22; no oral statements will modify its terms.

32. Severability

If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable, that provision shall be enforced to the maximum extent permissible, and the remaining provisions shall continue in full force and effect.

33. Limitation of Actions

Any claim or cause of action arising out of or related to the Site, Items, or this Agreement must be filed within two (2) years after the claim accrues, unless a shorter limitations period is required by applicable law.  Claims not filed within that time are permanently barred.

34. Force Majeure

OTP shall not be liable for any failure or delay in performance caused by circumstances beyond its reasonable control—including, without limitation, acts of God, natural disasters, pandemics, labour disputes, supply-chain interruptions, war, terrorism, civil unrest, governmental actions, or utility outages.  OTP’s obligations will be suspended for the duration of the force-majeure event, and OTP may, at its option, cancel any affected transaction or extend performance deadlines.

35. Specific Performance and Injunctive Relief

You acknowledge that any breach or threatened breach of this Agreement—particularly those relating to intellectual-property rights, unauthorised access, or misuse of the Site—would cause OTP immediate and irreparable harm for which monetary damages would be an inadequate remedy.  OTP is entitled to seek injunctive relief, specific performance, or other equitable remedies in any court of competent jurisdiction, without posting bond and without proving actual damages, in addition to any other rights or remedies available at law or in equity.