Terms of Service
Version 2.0 · Effective
These Terms of Service (the "Terms") govern your use of Grail Mix, operated by New Game Plus Ultra, Inc., a Delaware corporation ("we", "us", or the "platform"). By creating an account, or by continuing to use Grail Mix after the effective date shown above, you agree to these Terms, our Privacy Policy, and the Grading and Bailment Disclosures, which together form the entire agreement between you and us. If you do not agree, do not use Grail Mix.
1. What Grail Mix is
Grail Mix is a venue for opening packs of professionally graded, physically vaulted trading-card slabs. Participating shops are the sellers of record for every pack sold from their boxes; the platform provides the storefront, custody coordination, settlement, and record-keeping. Every pack delivers real, physical cards: when you open a pack, you always receive the specific graded slabs revealed to you, and title to each slab passes to you the moment its draw is committed. The cards you may receive from a box, and the odds of receiving a card in each disclosed value band, are published on the box page before you buy.
Declared values shown for cards are good-faith estimates prepared from market data at the time a box is composed. They are not appraisals, price guarantees, or promises about what any card will be worth to you or to anyone else. Collectible prices move. Grail Mix is entertainment and collecting, not an investment service, and you should not spend money on packs with the expectation of financial return.
2. Eligibility
You must be at least 18 years old and a resident of the United States to use Grail Mix. You may hold one account, registered with accurate information that you keep current. We screen accounts against United States sanctions lists and may decline, suspend, or close accounts as required by law. We may restrict availability in particular states or territories, and we may require identity verification before or after permitting certain activity; if you decline verification we may limit your account to redeeming cards you already own.
During the current closed beta, access is limited to invited users, the service may change without notice, and availability is not guaranteed. Section 12 describes how beta-period credit is treated.
3. Credit
Purchases on Grail Mix are made with platform credit, denominated in US dollars and recorded in integer cents on an append-only ledger. Credit is spend-only and closed-loop: it can be used to open packs and it is where sell-back proceeds land, but it cannot be withdrawn, transferred to another person, or redeemed for cash, and it is not a bank deposit, does not earn interest, and is not insured by any government agency. Credit does not expire while your account remains in good standing.
Credit purchases are processed by third-party payment providers, currently CoinFlow, and are subject to the provider's own terms and verification requirements. All credit purchases are final. We do not offer refunds of purchased credit except where required by law or where the purchase resulted from our error. Initiating a card chargeback on a completed credit purchase while retaining or spending the credited amount is a material violation of these Terms and grounds for suspension.
4. Opening packs
A pack purchase is final when its draw is committed, which happens when your purchase is accepted; the reveal animation is presentation, not a further decision point. The cards revealed to you are yours from that moment. Because every pack delivers cards, and because the possible contents and band odds are disclosed before purchase, pack purchases are not returnable and are not refunded, except where required by law or where we made an error. Selection within a box uses a committed server seed whose hash is published before your draw; the platform operator does not choose your card at draw time.
5. Custody, redemption, and shipping
Physical slabs you own remain in the holding shop's secured vault under a bailment while you decide what to do with them: you are the owner and the shop holds your property as bailee, as described in the Bailment Disclosure. You may redeem any card you own for shipment at any time, including cards whose sell-back window has expired — expiry of the sell-back window never affects your ownership. Shipping is charged as a pass-through of actual carrier cost, and the shipping process, tracking, and the make-whole remedy if a shop cannot produce your slab are described in the Bailment Disclosure and handled through the in-app process.
6. Sell-back
For a limited window after each card is revealed — currently 72 hours per card, shown with a countdown — you may sell that card back to its holding shop for platform credit, currently 90% of the card's declared value. Sell-back is an optional offer, not an obligation: accepting it is final and irrevocable once submitted, and declining it (or letting the window lapse) simply leaves the card yours. We may change or discontinue the sell-back offer, its percentage, or its window for boxes published in the future; changes never apply retroactively to cards whose window is already running.
7. Taxes
Prices are stated before tax. Where applicable law requires, sales tax is calculated and collected at purchase based on the address you provide, and you agree to provide and maintain an accurate address for that purpose.
8. Conduct
You agree not to: use Grail Mix for any unlawful purpose; misrepresent your identity, age, location, or eligibility, including through the use of technical means to evade geographic or eligibility restrictions; create or control more than one account; use bots, scripts, or other automation to access the service or purchase packs; probe, disrupt, reverse engineer, or circumvent the service's security or fairness mechanisms; or resell access to the service. We may investigate suspected violations and may suspend or restrict accounts during an investigation.
9. In-app dispute process
Claims that a delivered slab does not match its certification record, or other custody disputes, are handled through the in-app process described in the Grading and Bailment Disclosures while the unit remains in custody: platform administrators review the record, may compel shipment or apply the make-whole remedy, and their determination is applied to the ledger. This in-app process is separate from, and does not replace, the legal dispute-resolution terms in Section 16.
10. Intellectual property
Grail Mix, its software, design, and content are owned by New Game Plus Ultra, Inc. and its licensors, and are provided for your personal use of the service only. Trading-card games, card artwork, and related trademarks belong to their respective owners; their appearance on Grail Mix identifies the physical products offered and implies no affiliation or endorsement. If you send us feedback, you grant us a perpetual, irrevocable, royalty-free license to use it without obligation to you.
11. Suspension and termination
You may stop using Grail Mix at any time; cards you own remain redeemable for shipment (at the pass-through shipping cost) even after you stop using the service. We may suspend or terminate your account for violation of these Terms, suspected fraud, or where the law requires. Cards you own are your property and remain redeemable after termination regardless of the reason for it. Credit obtained through fraud or in connection with the violation may be forfeited to the extent permitted by law; otherwise, if we terminate your account without cause or discontinue the service, we will provide a reasonable wind-down period to redeem your cards and will refund the unspent balance of credit you purchased (promotional credit is governed by Section 12).
12. Promotional and beta credit
Credit that we grant rather than sell — promotional credit, referral credit, and test credit issued during the closed beta — is distinct on the ledger from credit you purchase. Granted credit may carry its own conditions, may be adjusted, and may be removed at the end of the beta or of the relevant promotion. Credit you purchased, and every card you have pulled, are always honored regardless of how the beta evolves.
13. Disclaimers
GRAIL MIX IS PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, AND WE MAKE NO REPRESENTATION ABOUT THE MARKET VALUE, LIQUIDITY, OR FUTURE PRICE OF ANY CARD. SOME JURISDICTIONS DO NOT ALLOW CERTAIN WARRANTY DISCLAIMERS, SO PARTS OF THIS SECTION MAY NOT APPLY TO YOU.
14. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER WE NOR OUR OFFICERS, EMPLOYEES, OR SUPPLIERS WILL BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION, ARISING FROM OR RELATING TO GRAIL MIX. OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE IS LIMITED TO THE GREATER OF ONE HUNDRED US DOLLARS ($100) OR THE AMOUNTS YOU PAID US IN THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM. THIS LIMIT DOES NOT APPLY TO YOUR OWNERSHIP OF CARDS YOU HAVE PULLED, TO OUR WIND-DOWN OBLIGATIONS IN SECTION 11, OR TO LIABILITY THAT CANNOT BE LIMITED BY LAW. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS, SO PARTS OF THIS SECTION MAY NOT APPLY TO YOU.
15. Indemnification
You agree to indemnify and hold us harmless from third-party claims, and associated reasonable costs and attorneys' fees, to the extent arising from your violation of these Terms, your violation of law, or your misuse of the service. We will notify you promptly of any such claim and may participate in its defense with our own counsel.
16. Dispute resolution — individual arbitration and class-action waiver
Please read this section carefully: it affects your legal rights. Most concerns can be resolved quickly and informally — before starting any formal proceeding, you agree to email legal@grailmix.io a written description of your claim and give us 30 days to respond and try to resolve it with you, and we agree to do the same before bringing a claim against you.
If we cannot resolve a dispute informally, you and we agree that any dispute arising out of or relating to these Terms or Grail Mix will be resolved by BINDING INDIVIDUAL ARBITRATION administered by the American Arbitration Association under its Consumer Arbitration Rules, before a single arbitrator, conducted remotely or on written submissions unless the arbitrator orders otherwise. We will pay all arbitration filing, administration, and arbitrator fees beyond the portion of the filing fee those Rules allocate to you. The arbitrator has exclusive authority to resolve disputes about the interpretation or enforceability of this section, and may award the same individual relief a court could. Judgment on the award may be entered in any court with jurisdiction.
Exceptions: either party may bring an individual claim in small-claims court in your county of residence (or ours), and either party may seek injunctive relief in court for infringement or misuse of intellectual property or for unauthorized access to the service.
CLASS-ACTION WAIVER: YOU AND WE EACH WAIVE THE RIGHT TO A JURY TRIAL AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION, OR ANY OTHER REPRESENTATIVE OR CONSOLIDATED PROCEEDING. CLAIMS MAY BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY. If the class-action waiver is held unenforceable as to a particular claim, that claim (and only that claim) shall proceed in court rather than in arbitration, and the waiver remains effective for all other claims.
Batch procedures: if 25 or more similar arbitration demands are brought by or with the assistance of coordinated counsel, the parties agree the AAA shall administer them in staged batches of up to 50, beginning with a single batch selected jointly, with the remainder stayed until that batch resolves; filing fees are due only as a claim's batch proceeds. This paragraph exists so that mass filings are heard efficiently, not to prevent any claim from being heard.
Opt-out: you may reject this arbitration agreement and class-action waiver, without any effect on your account, by emailing legal@grailmix.io with the subject "Arbitration Opt-Out" from your account email within 30 days of first accepting these Terms (or, for existing users, within 30 days of the effective date of the version that introduced this section). If you opt out, disputes will be resolved in court under Section 17.
17. Governing law and venue
These Terms are governed by the laws of the State of Delaware, without regard to conflict-of-laws rules, except that the Federal Arbitration Act governs Section 16. For disputes not subject to arbitration, you and we submit to the exclusive jurisdiction of the state and federal courts located in Delaware, except that either party may bring small-claims matters as described above, and nothing in this section limits consumer protections you are entitled to under the mandatory law of your state of residence.
18. Changes to these Terms
We may update these Terms. Each version carries a version number and effective date shown at the top of this page. For material changes we will provide notice — in the app, by email, or both — before the new version takes effect, with a summary of what changed and a link to the full text. Continuing to use Grail Mix after the effective date constitutes acceptance; if you do not agree to a new version, stop using the service and redeem your cards as described in Section 11.
19. General
If any provision of these Terms is held unenforceable, the remainder stays in effect, and the provision is enforced to the maximum extent permitted. Our failure to enforce a provision is not a waiver. You may not assign these Terms; we may assign them in connection with a merger, acquisition, or sale of assets, and our successor is bound by our obligations to you, including Sections 11 and 12. Neither party is liable for delay or failure caused by events beyond its reasonable control. Sections that by their nature should survive termination — including ownership of your cards, dispute resolution, and the limitations and disclaimers — survive. Legal notices to us go to legal@grailmix.io or to New Game Plus Ultra, Inc. at its registered agent in Delaware; support requests go to support@grailmix.io.