Terms of Service

These Terms of Service govern your use of scorchpacks.com and everything on it — your account, the digital collectible cards you buy or receive, and the features built around them (the “Service”), operated by SCORCH LLC (“Scorch”, “we”, “us”).

Two other documents sit alongside these Terms and are part of your agreement with us:

• the Privacy Policy at /privacy; and
• the Official Rules of any promotional sweepstakes, at /rules.

Where these Terms and the Official Rules of an open promotion conflict, the Official Rules govern that promotion. The Official Rules are fixed for the whole of a promotion’s entry window and do not change while it runs; these Terms can change, as section 19 describes.

By creating an account or buying anything, you agree to these Terms.

You may use the Service only if you are 18 or older and a legal resident of one of the fifty United States or the District of Columbia. You confirm this when you create an account.

One account per person. Additional, duplicate or false accounts are not permitted.

There is no password. You sign in with a one-time code sent to your email address, or with a passkey if you set one up.

Keep control of your email address, because it is how you sign in and how we reach you. Email is our method of record for anything that matters — purchase confirmations, sweepstakes notices, and winner notification.

You are responsible for activity on your account. Tell us at support@scorchpacks.com if you think someone else has access to it.

You are buying digital collectible trading cards. You are not buying an investment, a security, a currency, or anything with a cash value.

At the point of sale we tell you this, in these words:

“You are purchasing a limited, non-exclusive, revocable licence to access digital collectible cards in your account; no intellectual property rights are transferred. See Terms for details.”

These are the details. When you buy a pack, you receive a limited, non-exclusive, revocable, non-transferable licence to access and display the cards in your account for as long as you have an account and the Service operates. No intellectual property rights transfer to you. We own the artwork, the names, the designs and the software; you own nothing in them beyond that licence.

You may screenshot and share images of your cards for ordinary personal and social use. You may not use them commercially, sell them, or present them as your own work.

This is central to how Scorch works, so it is stated plainly and it is absolute.

• Cards cannot be sold, traded, gifted, transferred or assigned, to anyone, by any means.
• Cards cannot be exchanged for cash or for anything of value. There is no cash-out, no withdrawal, no marketplace, no secondary market, no in-app currency and no credit balance.
• Cards have no cash value at any time, including if your account closes or the Service ends.

Selling, buying, renting, sharing or transferring an account, or offering to, is prohibited. An account is not a way around the rule above, and treating it as one is grounds for termination for cause under section 14.

Prices are shown before you buy. Payment is handled by a third-party payment processor; we do not receive or store your card number.

Card packs are delivered instantly. Contents are determined at the moment your payment succeeds — the opening animation shows a result that already exists.

Some packs are limited. When a limited run sells out, it closes for that series and the tile says so. We do not promise that any card, pack, series or feature will be available at any future time, and we do not promise a release schedule of any kind.

7.1 The rule

All sales are final. Packs are delivered instantly, cards cannot be un-opened, and we never buy cards back.

7.2 Refunds and sweepstakes entries

If we do refund a purchase, the cards obtained in it are revoked.

Where a promotion’s entry list has already been finalised, the cards are revoked and the entry associated with them stands for that drawing. This protects the integrity of a drawing that has already been fixed. Where the entry list has not yet been finalised, the cards and the entries associated with them are both revoked.

A revocation is permanently recorded in the card’s history, and that history is not erased. A serial number is never duplicated, reset, or given to a different card: a numbered edition contains no more than the number of unique numbered cards it states, and that limit is on the cards themselves, not on how many times one of them may be issued. While you still have a right to get a card back — during an open payment dispute, an appeal under section 14.3, or another unresolved reversal — we hold it and do not sell it to anyone else. If it turns out you should keep it, the same card, with the same number, comes back to you. Once a reversal is final and no right to restoration remains, the card may return to our inventory and may later be sold to someone else. That is a new sale by us, not a transfer by you, and section 5’s prohibition on transferring cards is unchanged.

7.3 If refunded cards were already used in a Recipe

Recipes permanently consume the cards put into them, so there may be nothing left to revoke. A refund therefore reverses the whole chain:

• the cards obtained in the refunded purchase are revoked; and
• anything produced from a chain those cards fed is revoked with them, including a card forged through a Recipe and including any cosmetic reward.

One thing is not taken. If a Recipe consumed both cards from the refunded purchase and cards you legitimately own, the cards you legitimately own are restored to your account rather than destroyed. Only the refunded cards, and the outputs of chains they fed, are revoked. A refund does not take property you paid for and kept.

If your account has been deleted before the refund is issued, the money is still returned and the chain still reverses — but the restoration described in the paragraph above has nowhere to go. Deleting your account severs the link between you and your records, by design and at your request, so there is no account holder for us to restore cards to. The refund is not affected. The cards are simply gone. If you think you may want a refund, ask for it before you close your account.

A Recipe exchanges cards you own for a specific card you do not, or — once you have completed the base set — for a cosmetic reward.

• The cards you submit are permanently destroyed. This cannot be undone. We show you exactly what disappears and what appears before you confirm.
• The result is fixed and shown in advance. A Recipe is never a random pack or a mystery box.
• Recipes never grant sweepstakes entries and never create cash value.
• Cosmetic rewards are not cards. They carry no number, count toward no collection, and grant no entries.
• Which Recipes are available changes from time to time. We do not promise any schedule for that.

We run promotional sweepstakes. No purchase or payment is ever necessary to enter or win, and a purchase will not increase your chances of winning. There is a free entry when you verify your account and a free entry by mail with no limit on the number of entries you may mail.

Every promotion is governed by its Official Rules at /rules, which set out eligibility, how to enter, entry limits, the drawing, the prizes and how a winner is notified. Read them; they control.

Entries are not property. They cannot be sold, transferred or assigned, and they have no cash value.

• Email is our method of record. Sign-in codes, purchase confirmations, sweepstakes notices and winner notification all go by email.
• Text messages are two separate things. A one-time code to verify your phone is a security message. Marketing texts are a separate optional opt-in — reply STOP to cancel or HELP for help, message frequency varies, message and data rates may apply, and consent to marketing texts is never a condition of any purchase.
• Push notifications are optional and you control them in your browser or device settings. They can stop working without notice if you clear site data, reinstall or withdraw permission, so we never rely on them alone for anything important.

Do not:

• use bots, scripts, automation or any automated means to create accounts, open packs, run Recipes or obtain sweepstakes entries;
• create or use more than one account, or use a false identity;
• sell, buy or transfer an account, or offer to;
• interfere with the Service, probe or attack it, or attempt to circumvent any limit or protection;
• reverse engineer the Service except where the law says you may;
• scrape or bulk-collect content or other users’ information;
• misrepresent yourself as connected with Scorch; or
• use the Service unlawfully, or to harass or harm anyone.

Cards you hold, how you obtained each one, and your progress are recorded in your account. We publish supply figures and pull rates so they can be checked.

Published pull rates describe chances, not outcomes. Nothing guarantees you will obtain any particular card, complete any set, or receive any particular result from opening a pack.

You can send us feedback from inside the app. If you do, you give us permission to use it to improve the Service, with no obligation and no payment. Do not send us confidential information.

Questions about a drawing, a prize or a payment go to support, not to the feedback form, so they get a proper answer and a record.

We revoke cards only for stated cause. This matters more than an ordinary contract clause, so it is set out in full.

14.1 What counts as cause

• selling, buying, renting, sharing or transferring an account, or offering to;
• fraud, payment fraud, or chargeback abuse;
• bots, scripts or automation on any part of the Service;
• multiple, duplicate or false accounts;
• interfering with, attacking or attempting to circumvent the Service or its limits;
• providing false information to obtain a sweepstakes entry or a prize; or
• a serious or repeated breach of section 11.

14.2 What happens

Termination for cause revokes your licence and the cards in the account. That is the remedy that makes section 5’s prohibition real rather than decorative — a rule against account sale that costs nothing to break is not a rule.

We will tell you the reason.

14.3 Appeal

You can appeal a termination for cause by replying to the notice, or writing to support@scorchpacks.com, within 30 days. A person will look at it and answer. If we were wrong, we restore the account and the cards.

14.4 Termination without cause, and closing your own account

If we suspend or close your account for any reason other than cause — including if we discontinue the Service — we do not revoke your cards. Section 15 says what happens instead.

If you close your own account, your collection is kept in a dormant account for 90 days so that you can change your mind, and is then deleted. Tell us at support@scorchpacks.com if you want it deleted sooner. Once deletion completes it cannot be reversed, and section 7.3 explains what that means for any later refund.

We are not going to pretend this cannot happen, and we are not going to leave the answer blank.

If we discontinue the Service:

• We will give notice before it ends — at least 30 days, by email to the address on your account and by notice in the app.
• There will be a wind-down period of at least 90 days during which you can download images of the cards you own and a record of your collection — what you held, when you obtained it, and any number it carried.
• We will use reasonable efforts to make that work. It is not a guarantee. We are describing what we will try to do, not promising a technical outcome we cannot underwrite.

What does not change, and this is absolute: there is no cash value, no refund, no buy-back and no cash-out, at the end of the Service or at any other time. That is not a position we take because it is convenient. It is what the product is.

We may add, change or remove features. If a change materially reduces something you have already paid for, we will give you notice before it takes effect. Ordinary improvements, fixes and content additions do not require notice.

The Service is provided “as is” and “as available”. To the extent the law allows, we disclaim all implied warranties, including merchantability, fitness for a particular purpose and non-infringement.

We do not warrant that the Service will be uninterrupted, error-free or secure, or that any defect will be corrected. Some states do not allow certain disclaimers, so parts of this section may not apply to you.

Please read this section. It affects how any dispute between us is resolved and it limits your right to go to court or to take part in a class action.

18.1 Talk to us first

Before either of us starts an arbitration, the one with the complaint must send the other a written notice describing it and what they want, and give the other 30 days to resolve it. Send yours to legal@scorchpacks.com or to SCORCH LLC, 25 SE 2nd Ave #550-256, Miami, FL 33131. We will send ours to the email address on your account. Most problems end here, and neither of us may file until this period has run.

18.2 Arbitration

If it is not resolved, any dispute arising out of or relating to these Terms or the Service will be resolved by binding individual arbitration administered by the American Arbitration Association (AAA) under the AAA Consumer Arbitration Rules, rather than in court. The arbitrator decides the dispute and the availability of any remedy. Judgment on the award may be entered in any court with jurisdiction.

18.3 You can opt out of arbitration within 30 days

If you are a new user, you may opt out of section 18.2 by telling us so in writing within 30 days of first accepting these Terms. Send it to legal@scorchpacks.com or SCORCH LLC, 25 SE 2nd Ave #550-256, Miami, FL 33131 with your account email address and a statement that you are opting out of arbitration. We will confirm it.

Opting out is free, it does not affect your account in any way, and we will not treat you differently for it. If you opt out, disputes between us go to the courts named in section 22 instead of to arbitration.

Opting out of arbitration does not opt you out of section 18.5. Disputes are still resolved individually, in whichever forum applies, which is the position the Official Rules already take.

18.4 Small claims

Either of us may instead bring an individual claim in small claims court if it qualifies there. Choosing small claims is not a breach of this section.

18.5 No class actions

Disputes are resolved individually. Neither of us may bring a class, collective, consolidated or representative action, and the arbitrator may not consolidate claims or preside over any form of class proceeding. This matches the Official Rules, which already provide for individual resolution.

18.6 If many similar claims are filed at once

If 25 or more similar claims are filed against us by or with the help of the same lawyer or coordinated group, they will be handled in batches rather than all at once:

• the parties select 10 claims to be arbitrated first as bellwether cases;
• the remaining claims are abated — paused, with any limitation period tolled — until the bellwether cases conclude; and
• the parties then use those outcomes to try to resolve the rest, and any that do not resolve are arbitrated in further batches on the same basis.

This provision exists so that a large number of genuine claims can actually be heard, rather than collapsing under filing fees on either side.

18.7 What this section does not cover

Nothing here prevents either of us from seeking an injunction in court to stop misuse of intellectual property or unauthorised access to the Service, or from reporting anything to a government agency.

If we change these Terms we will update the version identifier and the “last updated” date.

If a change materially affects your rights or what you have already paid for, we will tell you before it takes effect — by email and by notice in the app — at least 30 days in advance. Continuing to use the Service after that means you accept the change.

A change to these Terms does not change the Official Rules of a promotion that is already open.

To the extent the law allows:

• neither of us is liable for indirect, incidental, special, consequential, exemplary or punitive damages, or for lost profits, lost data or lost opportunity, arising out of the Service; and
• our total liability to you for any claim relating to the Service will not exceed the greater of (i) the total amount you paid us in the 12 months before the claim, or (ii) $100.

Some states do not allow these limits, so parts of this section may not apply to you. Nothing here limits liability that cannot be limited by law.

You agree to indemnify and hold harmless Scorch and its members, officers, contractors and agents against claims, losses and costs arising from your breach of these Terms or your misuse of the Service.

These Terms are governed by the laws of the State of Florida, without regard to conflict-of-law principles. Where a dispute is not subject to arbitration under section 18 — because it qualifies for small claims, because you opted out under section 18.3, or because section 18.2 does not apply to it — it will be brought in the state or federal courts located in Miami-Dade County, Florida, and both of us consent to that jurisdiction.

• Assignment. You may not assign these Terms or your account. We may assign them in connection with a merger, financing or sale of the business.
• Severability. If a provision is unenforceable, the rest stays in force. If section 18.5 is held unenforceable, section 18.2 does not apply to that dispute and it proceeds in the courts named in section 22.
• No waiver. Not enforcing a provision once does not waive it.
• Entire agreement. These Terms, the Privacy Policy and any applicable Official Rules are the whole agreement between us about the Service.
• Notices. To you, by email to the address on your account or by notice in the app. To us, at legal@scorchpacks.com or SCORCH LLC, 25 SE 2nd Ave #550-256, Miami, FL 33131.
• Survival. Sections 4, 5, 7, 9, 17, 18, 20, 21, 22 and 23 survive termination.