These Terms of Service ("Terms") are a binding agreement between you and Increvate LLC ("pokepoke," "we," "us," or "our") governing your use of pokepoke.app, our card editor, and our custom card printing service (together, the "Services").
By using the Services or placing an order, you accept these Terms. If you do not accept them, do not use the Services.
Section 17 contains a binding arbitration agreement and a class action waiver that affect your legal rights. Please read it carefully.
1. Not affiliated with Nintendo or The Pokémon Company
pokepoke is an independent, fan-made custom card creation and printing service. We are not affiliated with, endorsed by, sponsored by, licensed by, or in any way officially connected to Nintendo Co., Ltd., Creatures Inc., GAME FREAK inc., The Pokémon Company, The Pokémon Company International, or any of their subsidiaries or affiliates.
"Pokémon," "Pokémon Trading Card Game," and all related names, characters, logos, and marks are the trademarks and copyrighted property of their respective owners. Any reference to them on the Site is descriptive and nominative only.
The cards we print are custom novelty collectibles made to your specification. They are:
- not official Pokémon Trading Card Game products;
- not authorised for use in any official or sanctioned tournament or organised play;
- not counterfeits, and must not be presented, traded, graded, or resold as genuine, official, or licensed products.
You agree not to use our Services or the cards we produce to counterfeit, imitate, or pass off any official product, or to deceive any buyer, trader, collector, grading service, or marketplace.
2. Eligibility
You must be at least 18 years old, or the age of majority where you live, to create an account or place an order. If you are between 13 and 18, you may use the Services only under the supervision of a parent or legal guardian who agrees to these Terms and places any order on your behalf. The Services are not available to anyone under 13.
By using the Services you represent that you meet these requirements, that you are not barred from receiving our products under any applicable export control or sanctions law, and that all information you give us is accurate.
3. Accounts
You may need an account to save designs and place orders. You agree to give accurate information, keep your password confidential, and tell us promptly at hello@pokepoke.app if you suspect unauthorised use. You are responsible for all activity under your account.
We may suspend or terminate an account that violates these Terms, is used fraudulently, or has been inactive for an extended period.
4. The Services
We provide an online editor that lets you design custom trading cards, an optional AI art studio that generates artwork from your prompts in exchange for tokens, and a printing service that produces those designs as physical cards and ships them to you.
We may change, suspend, or discontinue any part of the Services at any time. We will not remove access to a paid order you have already placed without either fulfilling it or refunding it.
The editor and any preview images are provided on an "as available" basis. Colours shown on screen are approximate; see Section 9.
5. Your content
5.1 What "Your Content" means
"Your Content" is everything you upload, enter, or generate through the Services: images, artwork, photographs, illustrations, prompts, names, text, statistics, descriptions, and the finished card designs you create.
5.2 You keep ownership
You retain all rights you have in Your Content. Nothing in these Terms transfers ownership of Your Content to us.
5.3 The licence you give us
You grant us a worldwide, non-exclusive, royalty-free licence to host, store, reproduce, adapt, resize, reformat, and transmit Your Content, and to share it with our print and fulfilment partner and shipping carriers, solely so we can operate the Services and produce and deliver your order. This licence ends when you delete the content or close your account, except for copies we must retain for legal, tax, or backup purposes.
We will not sell, license, or publicly display Your Content for our own promotional purposes without your separate permission — except that if you publish a card to the public gallery or enter a contest, you agree we may display the entered design on the Site and our social media channels with attribution to your username.
5.4 Your promises about Your Content
You are solely responsible for Your Content. You represent and warrant that:
- You own Your Content or have all rights, licences, and permissions necessary to use it and to let us print it;
- Your Content does not infringe any copyright, trademark, trade dress, patent, right of publicity, privacy right, moral right, or other right of any person or company;
- If Your Content includes a photograph or likeness of a person, you have that person's consent (or their parent's or guardian's consent if they are a minor);
- Your Content does not violate any law.
We do not review Your Content for intellectual property compliance and we take no responsibility for it. You are making the design; we are providing a printing service at your direction. If we are held liable because of Your Content, Section 12 (Indemnification) applies.
5.5 Prohibited content
You may not upload, create, generate, or order any content that:
- infringes anyone's intellectual property or other rights, or is intended to be sold or traded as a genuine, official, or licensed product;
- depicts a minor in a sexual or suggestive way, or is otherwise child sexual abuse material;
- is pornographic, obscene, or gratuitously violent;
- promotes hatred, harassment, or violence against any person or group based on race, ethnicity, national origin, religion, disability, sex, gender identity, sexual orientation, or age;
- promotes terrorism, extremism, self-harm, or illegal activity;
- contains another person's private or identifying information without their consent;
- impersonates any person or organisation, or is designed to defraud or mislead;
- contains malware or malicious code.
We may refuse, cancel, or remove any design or order at our sole discretion, with or without explanation, and we will refund an order we cancel on these grounds unless it has already been produced or the cancellation is for fraud. Repeat or serious violations may result in permanent account termination without refund.
6. Our intellectual property
The Site, the editor software, our templates, frames, layouts, fonts, icons, original artwork, text, and the pokepoke name and logo are owned by us or our licensors and are protected by intellectual property law. We grant you a limited, revocable, non-transferable licence to use the Services for your own personal, non-commercial card creation.
You may not copy, scrape, reverse engineer, decompile, resell, or create derivative works from the Site or the editor; use bots, crawlers, or automated tools to access the Services; bypass rate limits or access controls; or use our templates and assets outside the Services.
7. Orders, prices, and payment
- Prices are shown on the Site in US Dollars (USD) and exclude taxes unless stated. Shipping is a flat rate shown at checkout before you pay.
- Taxes and duties. You are responsible for any sales tax, VAT, GST, customs duties, or import fees. Duties on international shipments are collected by the carrier or customs at delivery and are not included in our prices.
- Order acceptance. Your order is an offer to buy. A contract forms only when we send you a confirmation that production has begun. We may decline or cancel an order — including after payment — if the item is unavailable, the design breaches Section 5, the price was listed in error, or we suspect fraud. If we cancel, we refund you in full.
- Pricing errors. If a price is obviously wrong, we may cancel the order and refund you even if we already sent a confirmation.
- Payment is taken at checkout by our payment processor. You warrant you are authorised to use the payment method.
- Approval of your design. The design you submit at checkout is what gets printed. Check spelling, images, cropping, and resolution before you order — we print exactly what you approve.
- Tokens. Tokens are a prepaid credit spent on AI generations. They have no cash value, cannot be transferred, and are not refundable except as described in our Shipping & Returns Policy. Tokens are debited when a generation starts and refunded automatically if it fails.
8. Shipping, returns, and refunds
Production times, delivery estimates, shipping costs, customs duties, damaged and lost parcel claims, and refund eligibility are set out in our Shipping & Returns Policy, which is part of these Terms.
In short: because every card is personalised and made to your order, all sales are final except for items that arrive damaged, defective, or materially different from the design you approved, or that are incorrect due to our error. Claims must be reported within 7 days of delivery with photographs. We do not operate a physical returns process — valid claims are settled by reprint or refund on the basis of photographic evidence, and we do not pay return postage.
9. Product appearance and variation
Custom printing is not an exact science. You accept that:
- printed colours may differ from what you see on your screen, because monitors, browsers, and printers render colour differently;
- there may be minor variation in cutting, centring, gloss, and finish between cards and between print runs;
- low-resolution images you upload will print at low quality — we do not upscale or repair source images, and blurriness or pixelation caused by your source file is not a defect;
- our cards are not manufactured to the specifications, materials, or thickness of any official trading card product.
These variations are inherent to the product and are not grounds for a refund.
10. Acceptable use of the Site
You agree not to: interfere with or disrupt the Services or their servers; attempt to gain unauthorised access to any account or system; probe or scan for vulnerabilities; send spam or unsolicited messages through the Services; misrepresent your identity; or use the Services in violation of any law or these Terms.
11. Copyright complaints (DMCA)
We respect intellectual property rights and respond to valid notices under the Digital Millennium Copyright Act.
If you believe content on the Site infringes your copyright, send a written notice to our designated agent containing: (1) your physical or electronic signature; (2) identification of the copyrighted work claimed to be infringed; (3) identification of the material claimed to be infringing and enough information for us to locate it; (4) your contact details; (5) a statement that you have a good faith belief the use is not authorised by the copyright owner, its agent, or the law; and (6) a statement, under penalty of perjury, that the information is accurate and that you are the owner or authorised to act on the owner's behalf.
Designated agent: DMCA Agent Increvate LLC, 75 E 3rd St, Sheridan, WY 82801 Email: hello@pokepoke.app (subject line: "DMCA Notice")
We will remove or disable access to material that is the subject of a valid notice and will terminate the accounts of repeat infringers. If you believe your material was removed in error, you may send a counter-notice with the elements required by 17 U.S.C. § 512(g)(3).
12. Indemnification
You agree to defend, indemnify, and hold harmless Increvate LLC and its officers, directors, employees, contractors, and suppliers from any claim, demand, loss, liability, damage, cost, or expense (including reasonable legal fees) arising out of or related to: (a) Your Content, including any claim that it infringes a third party's rights; (b) your use of the Services; (c) your breach of these Terms or any law; or (d) any resale, trade, or presentation of our products as genuine, official, or licensed products.
13. Disclaimer of warranties
The Services and products are provided "as is" and "as available." To the fullest extent permitted by law, we disclaim all warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
We do not warrant that the Services will be uninterrupted, error-free, or secure, that defects will be corrected, or that any specific delivery date will be met. Delivery estimates are estimates, not guarantees.
Some jurisdictions do not allow the exclusion of implied warranties, so parts of this section may not apply to you. Nothing in these Terms limits any non-waivable statutory consumer right you have.
14. Limitation of liability
To the fullest extent permitted by law:
- We are not liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, lost data, lost goodwill, or business interruption, arising out of or related to the Services, even if we were advised such damages were possible.
- Our total aggregate liability to you for all claims relating to the Services is limited to the greater of (a) the amount you paid us for the order giving rise to the claim, or (b) US$100.
- We are not liable for delay or failure caused by events beyond our reasonable control, including customs delays, carrier failures, strikes, natural disasters, war, pandemic, and government action.
These limits apply regardless of the legal theory and do not apply to liability that cannot be excluded by law, including liability for fraud, death, or personal injury caused by our negligence.
15. Termination
You may stop using the Services and delete your account at any time. We may suspend or terminate your access at any time if you breach these Terms, if we suspect fraud or abuse, or if we discontinue the Services. Sections 1, 5.4, 6, 8, 12, 13, 14, 17, and 18 survive termination.
16. Governing law
These Terms and any dispute arising from them are governed by the laws of the State of Wyoming and the federal laws of the United States, without regard to conflict of law rules. The UN Convention on Contracts for the International Sale of Goods does not apply.
Subject to Section 17, you and we agree to the exclusive jurisdiction of the state and federal courts located in Sheridan County, Wyoming.
17. Dispute resolution and arbitration agreement
Please read this section carefully. It affects your legal rights.
17.1 Informal resolution first
Before starting arbitration or a lawsuit, you agree to contact us at hello@pokepoke.app with a written description of the dispute and the relief you want, and to give us 60 days to resolve it informally. Most issues are resolved at this stage.
17.2 Binding arbitration
If we cannot resolve the dispute informally, you and we agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Services will be settled by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, rather than in court. The arbitration will take place in Sheridan County, Wyoming or, at your election, by telephone, video, or on written submissions. The arbitrator's award may be entered as a judgment in any court of competent jurisdiction. The Federal Arbitration Act governs this section.
17.3 Exceptions
Either party may bring an individual claim in small claims court, and either party may seek injunctive relief in court to protect intellectual property rights.
17.4 Class action waiver
You and we agree that each may bring claims against the other only in an individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding. The arbitrator may not consolidate more than one person's claims. If this waiver is found unenforceable as to a particular claim, that claim must proceed in court, and the rest of this Section 17 still applies to all other claims.
17.5 Opt-out
You may opt out of this arbitration agreement by emailing hello@pokepoke.app with the subject line "Arbitration Opt-Out" within 30 days of first accepting these Terms, including your name and the email address on your account. Opting out does not affect any other part of these Terms.
17.6 Consumers outside the United States
If you are a consumer resident in the EEA, the UK, or another jurisdiction whose mandatory consumer law gives you the right to bring proceedings in your local courts, nothing in this Section 17 removes that right, and the mandatory consumer protection rules of your country of residence continue to apply.
18. General
- Entire agreement. These Terms, the Privacy Policy, and the Shipping & Returns Policy are the entire agreement between us and supersede any prior agreements.
- Severability. If any provision is unenforceable, the rest remain in effect.
- No waiver. Our failure to enforce a provision is not a waiver of it.
- Assignment. You may not assign these Terms. We may assign them in connection with a merger, acquisition, or sale of assets.
- Changes. We may update these Terms. We will change the "Last updated" date and, for material changes, give notice on the Site or by email at least 14 days before they take effect. Continuing to use the Services after that means you accept the new Terms. Changes do not apply retroactively to orders already placed.
- Notices. We will send legal notices to the email address on your account. You send legal notices to hello@pokepoke.app and to 75 E 3rd St, Sheridan, WY 82801.
19. Contact
Increvate LLC 75 E 3rd St, Sheridan, WY 82801 United States Email: hello@pokepoke.app