Terms of Service

Last Updated: December 31, 2024

Effective Date: December 31, 2024

1. Agreement to Terms

By accessing or using BrickPicker ("Service," "Platform," "we," "us," or "our"), including our website, mobile applications, and any related services, you ("User," "you," or "your") agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not access or use the Service.

These Terms constitute a legally binding agreement between you and BrickPicker. Please read them carefully before using our Service.

We reserve the right to modify these Terms at any time. We will notify you of any material changes by posting the updated Terms on our website and updating the "Last Updated" date. Your continued use of the Service after such modifications constitutes your acceptance of the updated Terms.

2. Eligibility

2.1 Age Requirements

You must be at least 18 years old to use the Service. By using the Service, you represent and warrant that you are at least 18 years of age and have the legal capacity to enter into these Terms.

2.2 Account Registration

To access certain features of the Service, you must create an account through our integrated forum system. You agree to:

Provide accurate, current, and complete information during registration
Maintain and promptly update your account information
Keep your login credentials confidential and secure
Notify us immediately of any unauthorized use of your account
Accept responsibility for all activities that occur under your account

We reserve the right to suspend or terminate your account if any information provided proves to be inaccurate, outdated, or incomplete.

3. Description of Service

3.1 Overview

BrickPicker is a market intelligence platform for LEGO collectors and investors. The Service provides:

Price Tracking: Aggregated pricing data from multiple retailers and marketplaces
Sales Analytics: Estimated sales volume and demand indicators
Portfolio Management: Tools to track and manage your LEGO collection
Price Alerts: Notifications when prices reach specified thresholds
Market Predictions: Community-driven prediction markets
Points and Rewards: Gamification features including BrickPoints

3.2 Data Sources

We aggregate data from various third-party sources, including retailer websites, affiliate programs, and data partners. While we strive for accuracy, we cannot guarantee the completeness, accuracy, or timeliness of all data.

3.3 Not Financial Advice

THE SERVICE IS PROVIDED FOR INFORMATIONAL AND ENTERTAINMENT PURPOSES ONLY. Nothing on the Platform constitutes financial, investment, legal, or tax advice. All investment decisions are made at your own risk. We do not recommend any particular investment strategy and make no representation regarding the profitability of any investment approach.

4. User Accounts and Responsibilities

4.1 Account Security

You are solely responsible for maintaining the confidentiality of your account credentials. You agree to:

Use a strong, unique password for your account
Not share your login credentials with any third party
Log out of your account when using shared or public devices
Immediately notify us of any suspected security breach

4.2 Prohibited Conduct

You agree NOT to:

Use the Service for any illegal or unauthorized purpose
Violate any applicable laws, regulations, or third-party rights
Attempt to access, probe, or test the vulnerability of our systems
Use automated means (bots, scrapers, crawlers) to access the Service
Interfere with or disrupt the Service or its infrastructure
Impersonate any person or entity or misrepresent your affiliation
Transmit any viruses, malware, or harmful code
Collect or harvest user data without authorization
Use the Service to send spam or unsolicited communications
Engage in market manipulation or fraudulent activities
Circumvent any access controls or usage limitations
Resell, redistribute, or commercially exploit the Service without permission
Create multiple accounts to abuse promotions or rewards

4.3 User Content

If you submit, post, or transmit any content through the Service ("User Content"), you:

Retain ownership of your User Content
Grant us a non-exclusive, worldwide, royalty-free license to use, display, and distribute your User Content in connection with the Service
Represent that you have all necessary rights to grant this license
Acknowledge that User Content is not confidential or proprietary

We may remove any User Content that violates these Terms or is otherwise objectionable in our sole discretion.

5. Intellectual Property

5.1 Our Intellectual Property

The Service and its original content (excluding User Content), features, and functionality are owned by BrickPicker and are protected by copyright, trademark, and other intellectual property laws. This includes but is not limited to:

The BrickPicker name, logo, and branding
Website design and user interface
Software, algorithms, and code
Documentation and written content
Aggregated and processed data compilations

5.2 Trademarks

"BrickPicker," "Brickfolio," "BrickWatcher," "BrickPoints," and "BrickPulse" are trademarks or service marks of BrickPicker. You may not use these marks without our prior written permission.

5.3 Third-Party Intellectual Property

LEGO is a trademark of the LEGO Group, which does not sponsor, authorize, or endorse BrickPicker. All other trademarks, service marks, and company names mentioned on the Service are the property of their respective owners.

5.4 License to Use

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for personal, non-commercial purposes.

6. BrickPoints and Predictions

6.1 BrickPoints Program

BrickPoints are virtual points with no cash value. They:

Cannot be exchanged for currency or goods outside the Platform
Cannot be sold, transferred, or assigned to other users
May expire or be forfeited under certain conditions
Are subject to modification, suspension, or termination at our discretion

We reserve the right to adjust point balances to correct errors or address abuse.

6.2 Prediction Markets

The BrickPulse prediction market feature allows users to stake BrickPoints on price and market predictions. By participating:

You acknowledge predictions are for entertainment purposes only
You accept that all staked points may be lost
You agree not to use predictions for actual gambling or wagering
You understand payouts are in BrickPoints only

We may cancel, modify, or void any prediction market at our discretion.

7. Subscription and Payment Terms

7.1 Free and Premium Tiers

The Service offers both free and premium access levels. Premium features may require:

Paid subscription through approved payment methods
Forum membership at qualifying levels
Promotional access codes

7.2 Billing and Renewal

If applicable:

Subscriptions automatically renew unless cancelled before the renewal date
You authorize us to charge the applicable fees to your payment method
Prices may change with reasonable notice
Refunds are provided in accordance with applicable law

7.3 Cancellation

You may cancel your subscription at any time through your account settings. Cancellation takes effect at the end of the current billing period.

8. Third-Party Links and Services

8.1 Affiliate Links

The Service may contain affiliate links to third-party retailers and marketplaces. We may earn commissions from qualifying purchases made through these links. See our Affiliate Disclosure for details.

8.2 Third-Party Websites

The Service may contain links to third-party websites or services not owned or controlled by BrickPicker. We are not responsible for:

The content, accuracy, or practices of third-party sites
Purchases or transactions you make with third parties
Privacy practices of third-party services

Your use of third-party websites is at your own risk and subject to their terms and policies.

9. Disclaimers

9.1 "As Is" Provision

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

Implied warranties of merchantability
Fitness for a particular purpose
Non-infringement
Accuracy or reliability of data

9.2 Data Accuracy

We do not guarantee that:

Pricing data is accurate, complete, or current
Sales estimates reflect actual sales figures
Predictions or recommendations will be profitable
The Service will be uninterrupted, error-free, or secure

9.3 No Endorsement

References to specific products, retailers, or services do not constitute endorsement. We are not affiliated with LEGO Group or any retailer unless explicitly stated.

10. Limitation of Liability

10.1 Exclusion of Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, BRICKPICKER SHALL NOT BE LIABLE FOR ANY:

Indirect, incidental, special, consequential, or punitive damages
Loss of profits, revenue, data, or business opportunities
Damages arising from your use of or inability to use the Service
Damages resulting from unauthorized access to your account
Any investment losses or financial damages

10.2 Liability Cap

OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM THESE TERMS OR YOUR USE OF THE SERVICE SHALL NOT EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).

10.3 Basis of the Bargain

THE LIMITATIONS IN THIS SECTION REFLECT THE ALLOCATION OF RISK BETWEEN THE PARTIES AND ARE AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN US.

11. Indemnification

You agree to indemnify, defend, and hold harmless BrickPicker, its officers, directors, employees, agents, and affiliates from any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from:

Your use of the Service
Your violation of these Terms
Your violation of any rights of another party
Your User Content

12. Dispute Resolution

12.1 Informal Resolution

Before filing a formal dispute, you agree to contact us at [email protected] to attempt informal resolution. Most disputes can be resolved quickly through direct communication.

12.2 Binding Arbitration

Any dispute not resolved informally shall be resolved by binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall take place in the jurisdiction where BrickPicker is headquartered, unless otherwise agreed.

12.3 Class Action Waiver

YOU AGREE TO RESOLVE DISPUTES WITH US ON AN INDIVIDUAL BASIS ONLY. YOU WAIVE ANY RIGHT TO PARTICIPATE IN CLASS ACTIONS, CLASS ARBITRATIONS, OR REPRESENTATIVE ACTIONS.

12.4 Exceptions

Notwithstanding the above, either party may seek injunctive relief in any court of competent jurisdiction to protect its intellectual property rights.

13. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the United States and the State of California, without regard to its conflict of law provisions.

14. General Provisions

14.1 Entire Agreement

These Terms, together with our Privacy Policy and other referenced policies, constitute the entire agreement between you and BrickPicker regarding the Service.

14.2 Severability

If any provision of these Terms is found unenforceable, the remaining provisions shall continue in full force and effect.

14.3 Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

14.4 Assignment

You may not assign or transfer these Terms without our prior written consent. We may assign our rights and obligations without restriction.

14.5 Force Majeure

We shall not be liable for any failure to perform due to causes beyond our reasonable control, including natural disasters, war, terrorism, labor disputes, or infrastructure failures.

14.6 Notices

We may provide notices to you by email, posting on the Service, or other reasonable means. You may contact us at [email protected].

15. Termination

15.1 Termination by You

You may terminate your account at any time by contacting support or using account settings.

15.2 Termination by Us

We may terminate or suspend your account immediately, without prior notice or liability, for any reason, including:

Violation of these Terms
Fraudulent or abusive conduct
Extended inactivity
At our sole discretion

15.3 Effects of Termination

Upon termination:

Your right to access the Service immediately ceases
You remain liable for all obligations incurred prior to termination
All provisions that should survive termination shall survive

16. SMS Messaging Terms

These terms apply if you opt in to receive SMS text messages from BrickPicker.

16.1 Program Description

The BrickPicker Watchlist Alerts program sends transactional SMS notifications about specific LEGO sets you have added to your account watchlists and for which you have individually enabled alerts. Message types include price-drop alerts, in-stock-nearby alerts, retirement-signal alerts, sealed-market move alerts, and account verification codes.

16.2 How to Opt In

To opt in, sign in to your BrickPicker account, navigate to Account Settings → Notifications, enable SMS alerts, enter your mobile phone number, and verify your number by entering the one-time code we send you. SMS alerts are only sent for watchlist items where you have individually enabled an alert type.

16.3 Message Frequency

Message frequency varies based on the alerts you have configured and how often your conditions are met. Most users receive approximately 4 messages per week. There is no minimum or guaranteed number of messages.

16.4 Message and Data Rates

Msg & data rates may apply. BrickPicker does not charge for SMS messages, but your wireless carrier may charge standard rates for messages sent or received based on your plan.

16.5 How to Opt Out

You may opt out of SMS alerts at any time by:

Replying STOP (also accepted: STOPALL, UNSUBSCRIBE, CANCEL, END, QUIT) to any BrickPicker SMS message, or
Disabling SMS alerts in Account Settings → Notifications at brickpicker.com.

After opting out, you will receive one final confirmation message confirming your unsubscribe.

16.6 How to Get Help

For help with the SMS program, reply HELP to any BrickPicker SMS message or contact [email protected]. You can also visit brickpicker.com/support.

16.7 Supported Carriers

The BrickPicker SMS alert program is compatible with all major U.S. carriers, including AT&T, T-Mobile, Verizon Wireless, U.S. Cellular, and most regional carriers. Carriers are not liable for delayed or undelivered messages.

16.8 Privacy

BrickPicker does not share or sell your mobile phone number with third parties for marketing purposes, and does not share mobile opt-in data or consent with any third party, including affiliates. See our Privacy Policy for full details on how SMS data is handled.

16.9 Eligibility

The SMS program is available only to BrickPicker account holders located in the United States with mobile numbers serviced by participating U.S. carriers. You must be the account holder or authorized user of the mobile number you submit.

17. Contact Information

For questions about these Terms of Service, please contact us:

Email: [email protected]

Address: BrickPicker Legal Department