Terms of Service

1. Agreement

These Terms of Service (“Terms”) are a binding agreement between you and bullionOS (“bullionOS”, “we”, “us”) for your use of STACK (“Stack”, “the Service”). By creating an account, or by using the Service in any way, you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Service.

2. Who may use Stack

You must be at least 18 years old and able to form a binding contract. The Service is offered to individuals in the United States for personal, non-commercial use. You may not use it where doing so would be unlawful.

3. Your account

You agree to give accurate information, to keep your email address current, to keep your password confidential, and to tell us promptly at the address below if you believe your account has been used without your permission. You are responsible for everything done through your account.

We may refuse, suspend or close an account that violates these Terms, that we reasonably believe is being used fraudulently or abusively, or where required by law.

4. What Stack is, and is not

Stack lets you keep records of precious metals and collectibles you own, see reference prices, view invoices from dealers you choose to connect, and use calculators and other tools.

Stack is not a dealer, broker, exchange, marketplace, custodian, depository, bank or money transmitter. We do not buy, sell, hold, store, ship, insure or authenticate any item, and we never take possession of your property or your money. Nothing in the Service is an offer or solicitation to buy or sell anything.

Stack does not provide financial, investment, tax, legal, accounting or appraisal advice. We are not your fiduciary. Precious metals and collectibles can lose value. You alone are responsible for your decisions, and you should consult a qualified professional before making them.

5. Prices, values and estimates

Spot prices, wholesale prices, collection values, gains, “a dealer would pay about” figures, shop estimates, break-even figures and every other number in the Service are informational estimates. They are derived from third-party market data and from what you enter, may be delayed, incomplete, inaccurate or unavailable, and can change at any moment.

No figure in the Service is a quote, a bid, an appraisal, an insurance valuation, a guarantee of resale value, or a statement of what any dealer will actually pay or charge. Actual prices depend on the specific item, its condition, the dealer, quantity, demand, premiums, fees, taxes and timing. Always confirm a current price directly with the person you are dealing with before you trade.

Gain, loss and cost figures are records for your own review. They are not tax documents and must not be relied on to prepare a tax return.

6. Scanning and verification

The scanner reads a photo to suggest what a piece is, looks it up in a coin catalog, and reads a certification number so you can open the grading company’s own verification page. A reading can be wrong: confirm the type, date, metal and weight yourself before relying on it. It does not authenticate a coin, confirm its grade, confirm that a holder is genuine or untampered, or establish who owns it. A valid certification number can appear on a counterfeit. Verify with the grading company and examine the item yourself.

7. Dealers and other third parties

Dealers that invite you to connect are independent businesses. They are not our agents, partners or employees, and we do not endorse, vet, license, guarantee or supervise them. Any purchase, sale, trade, payment, shipment, return or dispute is solely between you and the dealer. We are not a party to it and have no responsibility for it.

Invoices shown in Stack are supplied by the dealer that issued them. We do not verify them and are not responsible for errors or omissions in them. The dealer’s own record controls.

Coin-shop listings, ratings and reviews come from Google and are not recommendations. Google Maps, grading companies and dealers’ websites are third-party services with their own terms and privacy policies. We are not responsible for them.

8. Your records, and our Service

You keep all rights in the records you enter. You give us a limited licence to host, store, process and display them solely to provide the Service to you. You are responsible for the accuracy of what you enter and for keeping your own backup; you can export your records at any time.

The Service, including its software, design, text, graphics and the bullionOS and STACK names and marks, belongs to bullionOS and its licensors and is protected by law. We give you a personal, revocable, non-transferable licence to use it as these Terms allow. No other rights are granted.

You agree not to: break the law; access another person’s account or records; probe, scan or test the Service’s security, or bypass any access control or rate limit; scrape, harvest or bulk-download price or market data; resell or commercially exploit the Service or its data; reverse engineer the Service except where the law forbids this restriction; upload malicious code; or interfere with the Service or other users.

If you send us feedback or suggestions, we may use them without restriction or payment.

9. Disclaimer of warranties

THE SERVICE AND ALL CONTENT, DATA, PRICES AND TOOLS IN IT ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, BULLIONOS AND ITS AFFILIATES, OFFICERS, EMPLOYEES, CONTRACTORS, LICENSORS AND DATA PROVIDERS (TOGETHER, THE “BULLIONOS PARTIES”) DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AND ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

WITHOUT LIMITING THE ABOVE, THE BULLIONOS PARTIES DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THAT ANY PRICE, VALUE, ESTIMATE, INVOICE OR OTHER INFORMATION IS ACCURATE, CURRENT OR COMPLETE, THAT YOUR RECORDS WILL NOT BE LOST, OR THAT ANY DEALER OR THIRD PARTY WILL ACT IN ANY PARTICULAR WAY. YOU USE THE SERVICE AT YOUR OWN RISK.

10. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, THE BULLIONOS PARTIES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL OR INVESTMENT VALUE, OR FOR ANY TRADING OR INVESTMENT LOSS, ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER THEORY, EVEN IF ADVISED THAT SUCH DAMAGES WERE POSSIBLE.

THIS INCLUDES, WITHOUT LIMITATION, ANY LOSS ARISING FROM: RELIANCE ON ANY PRICE, VALUE OR ESTIMATE; ANY DECISION TO BUY, SELL, HOLD OR INSURE ANY ITEM; ANY DEALING WITH A DEALER OR OTHER THIRD PARTY; ANY COUNTERFEIT, MISGRADED OR MISDESCRIBED ITEM; OR ANY INTERRUPTION, ERROR OR LOSS OF DATA.

TO THE FULLEST EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF THE BULLIONOS PARTIES FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US FOR THE SERVICE IN THE TWELVE MONTHS BEFORE THE CLAIM AROSE AND (B) ONE HUNDRED U.S. DOLLARS (US $100).

The Service is provided free of charge, and these limits are a fundamental basis of the bargain between you and us. Some jurisdictions do not allow certain exclusions or limitations; in those jurisdictions the above applies to the fullest extent the law permits.

11. Indemnity

To the fullest extent permitted by law, you agree to defend, indemnify and hold harmless the bullionOS Parties from any claim, demand, loss, liability, damage, cost and expense (including reasonable attorneys’ fees) arising out of or relating to your use of the Service, your records, your dealings with any dealer or third party, or your violation of these Terms or of any law or the rights of another.

12. Disputes: informal resolution and binding arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

Informal resolution first. Before starting any formal proceeding, the party with a dispute must send the other a written notice describing the dispute and the relief sought (to us at the address below; to you at your account email). The parties will try in good faith to resolve it within 60 days. Any limitation period is paused during that time.

Agreement to arbitrate. If the dispute is not resolved, you and bullionOS agree that any dispute, claim or controversy arising out of or relating to the Service or these Terms, including whether a claim must be arbitrated, will be resolved exclusively by final and binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, before a single arbitrator. The Federal Arbitration Act governs this Section. The arbitration may be conducted by video, by telephone, on written submissions, or in the county where you live. Judgment on the award may be entered in any court with jurisdiction.

Exceptions. Either party may bring an individual claim in small claims court if it qualifies, and either party may seek injunctive relief in court to stop unauthorized use or abuse of the Service or infringement of intellectual property.

CLASS ACTION AND JURY TRIAL WAIVER. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND BULLIONOS EACH WAIVE THE RIGHT TO A TRIAL BY JURY AND AGREE THAT CLAIMS MAY BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE ATTORNEY GENERAL OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE CLAIMS OR AWARD RELIEF TO ANYONE OTHER THAN THE INDIVIDUAL PARTY. If this waiver is found unenforceable as to a particular claim, that claim alone will be severed and decided in court, and the rest will be arbitrated.

Your right to opt out. You may opt out of this agreement to arbitrate by emailing us at the address below within 30 days of first accepting these Terms, stating your name, your account email and that you opt out of arbitration. Opting out does not affect any other part of these Terms.

Time limit. To the fullest extent permitted by law, any claim arising out of or relating to the Service or these Terms must be brought within one year after it arises, or it is permanently barred.

13. Governing law and venue

These Terms are governed by the laws of the State of Georgia, without regard to its conflict-of-laws rules, and by applicable federal law. Subject to the agreement to arbitrate above, the state and federal courts located in Georgia have exclusive jurisdiction over any dispute that is permitted to proceed in court, and you consent to personal jurisdiction and venue there.

14. Changes, suspension and ending

The Service is offered free of charge and may be changed, limited, suspended or discontinued, in whole or in part, at any time. If we discontinue it, we will give reasonable notice where practicable so that you can export your records.

You may stop using the Service and delete your account at any time in Settings. Sections that by their nature should survive the end of these Terms will survive, including Sections 4 through 13.

We may change these Terms. When we do, we will change the effective date above, and if the change is material we will give notice in the Service or by email before it takes effect. Your continued use of the Service after the effective date means you accept the changed Terms. If you do not agree, stop using the Service and delete your account.

15. General

These Terms and the Privacy Policy are the entire agreement between you and us about the Service and replace any earlier agreement about it. If any part of these Terms is found unenforceable, the rest remains in effect, and the unenforceable part will be enforced to the fullest extent permitted. Our failure to enforce a provision is not a waiver of it. You may not assign these Terms; we may assign them to an affiliate or a successor. There are no third-party beneficiaries except the bullionOS Parties. We are not liable for any delay or failure caused by events beyond our reasonable control.

You agree that we may send you notices electronically, at your account email or in the Service, and that such notices satisfy any requirement that a notice be in writing.