Terms & Conditions

1. Acceptance of Terms

The OpenThatPack website located at https://openthatpack.com, together with any related websites, applications, software, content, digital services, downloadable materials, and other functionality operated by RW.SOFTWARE LLC (collectively, the "Site" or "Services"), is owned and operated by RW.SOFTWARE LLC, a Texas limited liability company with its principal office at 5900 Balcones Drive, Suite 100, Austin, Texas 78731 ("OTP," "we," "our," or "us").

These Terms and Conditions (the "Agreement") govern your access to and use of the Site and all Services made available through it.

Please read this Agreement carefully together with our Privacy Policy and any other documents expressly incorporated by reference. By accessing or using the Site, creating an Account, purchasing any Digital Pack, redeeming Physical Cards, using Site Credits, or otherwise using any portion of the Services, you acknowledge that you have read, understood, and agree to be legally bound by this Agreement.

If you do not agree to these Terms, you must immediately discontinue use of the Site. You represent and warrant that:

• you have reached the age of majority in your jurisdiction and have the legal capacity to enter into this Agreement;
• your use of the Services complies with all applicable laws and regulations;
• all information you provide to OTP is accurate and complete; and
• you will comply with this Agreement and all applicable Supplemental Terms.

If you are using the Services on behalf of a company, partnership, or other legal entity, you represent that you have authority to bind that entity to this Agreement, and references to "you" include both you and that entity.

OTP may modify this Agreement from time to time in accordance with Section 22. Continued use of the Services after revised Terms become effective constitutes acceptance of those revised Terms.

2. Digital Packs, Physical Cards, and Related Programs

2.1 Digital Packs and Physical Cards

The Site allows eligible users to purchase sealed digital trading card packs, boxes, bundles, or similar digital collectible products (collectively, "Digital Packs").

Each Digital Pack corresponds to one or more securely stored physical trading cards or collectible products maintained by or on behalf of OTP (the "Physical Cards").

Digital Packs and their associated Physical Cards are collectively referred to in this Agreement as the "Items."

Purchase of a Digital Pack grants you a limited, personal, revocable, non-exclusive, non-transferable, and non-sublicensable licence to access, display, open, and manage the Digital Pack solely through the Services for your personal, non-commercial use.

Except for this limited licence, no ownership interest in any intellectual property, artwork, trademarks, copyrights, or other proprietary rights is transferred to you. All rights not expressly granted are reserved by OTP and the applicable intellectual property owners.

2.2 Physical Redemption

Where redemption is available, you may request shipment of the Physical Cards associated with eligible Digital Packs by following OTP's redemption procedures and paying all applicable fulfilment, shipping, insurance, customs, duties, taxes, and related charges.

Ownership of Physical Cards transfers only when the shipment has been accepted by the carrier for delivery.

OTP may establish eligibility requirements, redemption limits, verification procedures, shipping restrictions, or geographic limitations, all of which may change from time to time.

2.3 Buy-Back Program

Subject to OTP's then-current Buy-Back Program, eligible Items may be offered back to OTP in exchange for non-withdrawable Site Credits.

Buy-Back participation is entirely optional.

Any published Buy-Back Price constitutes an invitation to treat rather than a binding offer by OTP and may be modified, suspended, or withdrawn at any time prior to acceptance.

Buy-Back Prices are solely indicative purchasing prices established by OTP for use within the Services. They are not intended to represent fair market value, resale value, investment value, grading value, or any future value of any Item.

Eligibility requirements, processing times, accepted products, valuation methods, and available Site Credits are determined by OTP and may change from time to time.

Nothing in the Buy-Back Program guarantees that OTP will purchase any Item or continue operating the Buy-Back Program indefinitely.

3. Scope of Licence

3.1 Limited Site Licence

Subject to your continuing compliance with this Agreement, OTP grants you a limited, personal, revocable, non-exclusive, non-transferable, and non-sublicensable licence to access and use the Services solely for your own personal, lawful, non-commercial use.

Permitted use includes purchasing, opening, managing, redeeming, collecting, and participating in other functionality expressly made available through the Site. No licence is granted for any commercial exploitation of the Services unless expressly authorised by OTP in writing.

3.2 Licence to Digital Packs

Digital Packs, digital representations of Physical Cards, and all associated digital content are licensed, not sold.

Your licence permits only the personal display and management of Digital Packs and their associated digital representations through the Services.

No ownership rights in copyrights, trademarks, trade dress, software, databases, or other intellectual property are transferred to you.

3.3 User Assets

OTP may provide profile images, avatars, badges, achievements, digital collectibles, or similar user assets.

Unless otherwise expressly stated, these assets remain the property of OTP or its licensors and are provided under the same limited licence described in this Agreement. They may not be transferred, sublicensed, sold, copied, commercially exploited, or used outside the Services without OTP's prior written consent.

3.4 Prohibited Transfers

Except where expressly authorised by OTP, you may not sell, assign, transfer, sublicense, lease, pledge, or otherwise dispose of:

• your Account;
• any Digital Pack;
• any licence granted under this Agreement;
• any Site Credits; or
• any other rights granted through the Services.

Any attempted transfer in violation of this Section is void and constitutes a material breach of this Agreement.

3.5 Service Modifications

OTP may modify, suspend, discontinue, replace, or remove any portion of the Services, Digital Packs, features, promotions, products, functionality, or content at any time.

Where a Digital Pack, feature, or service is discontinued, the associated licence terminates automatically.

Except where prohibited by applicable law, OTP shall not be liable for modifying, suspending, or discontinuing any part of the Services.

4. Restrictions on Use of the Services

To protect the integrity, security, and lawful operation of the Services, you agree that you will not engage in any of the following prohibited activities (collectively, the "Prohibited Activities"):

4.1 Misconduct Toward Others

You must not:

• harass, threaten, intimidate, abuse, stalk, or otherwise interfere with any User, OTP employee, contractor, representative, or customer-support personnel;
• use offensive, defamatory, discriminatory, hateful, obscene, or unlawful language or content through the Services;
• impersonate any person or entity or falsely represent your affiliation with any individual or organisation;
• interfere with another User's enjoyment or use of the Services.

4.2 Misuse of Site Content and Intellectual Property

You must not:

• copy, reproduce, modify, distribute, publish, transmit, or commercially exploit any Site Materials except as expressly permitted;
• upload or transmit malware, viruses, malicious code, ransomware, or other harmful software;
• infringe any copyright, trademark, privacy, publicity, or other proprietary rights;
• use OTP's trademarks, logos, branding, or other intellectual property without prior written consent.

4.3 Technological Abuse

You must not:

• scrape, crawl, data mine, harvest, mirror, or automatically extract data from the Services;
• use bots, automated scripts, artificial intelligence agents, macros, or similar automation tools unless expressly authorised;
• reverse engineer, decompile, disassemble, or attempt to discover the source code of any portion of the Services;
• interfere with, disable, bypass, or circumvent any security feature or access control;
• exploit software bugs, vulnerabilities, unintended functionality, or security weaknesses to obtain an unfair advantage, duplicate Items, manipulate transactions, bypass restrictions, or otherwise interfere with normal operation of the Services.

If you discover a vulnerability or technical issue, you agree to promptly notify OTP and refrain from exploiting or disclosing it until OTP has had a reasonable opportunity to investigate and resolve the issue.

4.4 Fraud, Abuse, and Unlawful Conduct

You must not:

• provide false, inaccurate, or misleading information;
• engage in fraud, payment abuse, money laundering, identity theft, or deceptive conduct;
• submit improper chargebacks or payment disputes;
• use the Services for unlawful purposes;
• violate any applicable local, state, federal, national, or international law or regulation.

4.5 Account and Transaction Integrity

You must not:

• create multiple Accounts to circumvent restrictions or promotional limits;
• sell, transfer, lease, rent, or permit another person to use your Account;
• transfer or attempt to transfer Site Credits except where expressly authorised by OTP;
• attempt to circumvent Free Pack eligibility, purchase limits, redemption restrictions, or other safeguards implemented by OTP;
• conduct unauthorised off-platform transactions using the Services.

5. Enforcement

OTP may investigate any suspected violation of this Agreement and may take any action that it reasonably believes is necessary to protect the Services, Users, or its legitimate business interests.

Where OTP reasonably believes that a violation has occurred, it may, without limitation:

• issue warnings;
• suspend, restrict, or terminate your Account;
• suspend or revoke licences relating to Digital Packs or other Services;
• cancel pending purchases, redemptions, or Buy-Back transactions;
• temporarily or permanently suspend access to specific Site functionality;
• withhold Site Credits where permitted by this Agreement;
• require additional identity verification;
• report suspected unlawful conduct to payment processors, financial institutions, regulators, or law-enforcement authorities where appropriate; and
• pursue any other remedy available under applicable law.

Except where prohibited by applicable law, OTP may act immediately where it reasonably believes immediate action is necessary to prevent fraud, security risks, unlawful conduct, or harm to the Services or other Users.

Nothing in this Section obligates OTP to monitor the Services or investigate every reported violation.

If an Account remains suspended or restricted for twelve (12) consecutive months, OTP may permanently delete the Account together with any associated licences, Digital Packs, Site Credits, transaction history retained beyond legal requirements, and other associated content, subject to any obligations imposed by applicable law.

Users who believe enforcement action has been taken in error may contact OTP Support for review. Submission of a review request does not guarantee reinstatement.

6. Creating and Maintaining an Account

6.1 Account Registration

To access certain features of the Services, including purchasing Digital Packs, redeeming Physical Cards, participating in the Buy-Back Program, or maintaining digital collections, you must create an OpenThatPack Account ("Account").

Accounts are personal, non-transferable, and may only be used by the registered Account holder.

OTP may limit each individual or household to one Account unless expressly authorised otherwise.

6.2 Single Sign-On Services

OTP may permit registration and authentication using approved third-party identity providers, including Google, Apple, MetaMask, or other supported authentication services ("SSO Providers").

By using an SSO Provider, you authorise OTP to receive information made available by that provider in accordance with the provider's privacy policy and your selected privacy settings.

Your relationship with the SSO Provider remains governed solely by that provider's terms and policies.

OTP may introduce, modify, or discontinue authentication methods at any time and may require multi-factor authentication for some or all Accounts.

6.3 Account Security

You are responsible for:

• maintaining the confidentiality of your login credentials, passwords, authentication devices, wallet credentials, recovery phrases, and security codes;
• restricting access to devices used to access your Account;
• monitoring all activity occurring under your Account; and
• immediately notifying OTP of any suspected unauthorised access or security breach.

Except where required by applicable law, OTP is not responsible for losses arising from your failure to adequately protect your Account credentials or devices.

6.4 OTP Network

Your Account may provide access to additional websites, applications, or services operated by OTP or its affiliates.

If OTP suspends or terminates your Account under this Agreement, OTP may also suspend or restrict access to related services within the OTP Network where reasonably necessary to protect the integrity or security of those services.

6.5 Verification, Compliance, and Account Reviews

OTP may, acting reasonably, require additional information or documentation to:

• verify your identity;
• confirm ownership of payment methods;
• comply with applicable law;
• satisfy anti-money laundering, sanctions, fraud prevention, or other regulatory obligations;
• investigate suspected violations of this Agreement; or
• protect the security of the Services.

Failure to provide requested information within a reasonable time may result in temporary suspension, delayed transactions, restricted functionality, or Account termination where appropriate.

6.6 Account Restrictions

You may not:

• create Accounts using false or misleading information;
• maintain Accounts on behalf of another person without authorisation;
• permit another individual to access your Account;
• sell, transfer, or otherwise dispose of your Account; or
• attempt to evade previous Account suspensions or enforcement actions.

Any attempted transfer or unauthorised use of an Account constitutes a material breach of this Agreement.

7. Account Information

7.1 Accuracy of Information

You agree to provide accurate, current, and complete information when creating or maintaining your Account and to promptly update that information whenever it changes.

You remain responsible for ensuring that your contact details, billing information, shipping address, and any other information associated with your Account remain accurate and current.

OTP may rely upon the information associated with your Account unless and until you notify us of any changes.

7.2 Communications

You consent to receive electronic communications from OTP relating to your Account, purchases, Digital Packs, Physical Cards, security notifications, legal notices, and customer support.

These communications may be delivered by email, in-Service notification, SMS (where available), or other electronic means permitted by applicable law.

You are responsible for maintaining access to the email address associated with your Account.

Failure to receive communications because your contact information is inaccurate, outdated, blocked, or inaccessible does not invalidate notices or actions taken by OTP where permitted by applicable law.

7.3 Verification of Information

OTP may, where reasonably necessary, request documentation or additional information to verify:

• your identity;
• your age;
• ownership of payment methods;
• shipping information;
• compliance with applicable laws;
• or the security of your Account.

OTP may suspend or limit access to some or all Services until requested verification has been completed.

Failure to provide requested information within a reasonable period may result in delayed transactions, suspension, or termination of your Account.

7.4 Privacy

OTP collects, stores, uses, and discloses personal information in accordance with this Agreement and the OpenThatPack Privacy Policy.

The Privacy Policy forms part of this Agreement and explains how OTP processes personal information, the rights available to Users, and the safeguards implemented to protect personal data.

Where applicable privacy laws provide additional rights or protections, nothing in this Agreement limits those statutory rights.

8. Deletion of Account Information

8.1 User Requests

Subject to applicable law, you may request closure of your Account and deletion of associated personal information by contacting OTP Support.

Before processing such requests, OTP may require reasonable verification of your identity to protect against fraudulent or unauthorised requests.

8.2 Information That May Be Retained

Closure of an Account does not necessarily require immediate deletion of all information. OTP may retain information where reasonably necessary to:

• comply with legal or regulatory obligations;
• complete outstanding transactions;
• resolve disputes;
• detect or prevent fraud or unlawful conduct;
• enforce this Agreement;
• maintain accounting, tax, or audit records;
• exercise or defend legal claims; or
• satisfy legitimate business or security requirements permitted by applicable law.

Where retention is required, the retained information will be used only for those purposes and retained only for as long as reasonably necessary.

8.3 Deletion of Digital Assets

Upon permanent closure of an Account:

• licences relating to Digital Packs terminate;
• access to Digital Packs, digital representations of Physical Cards, and Site functionality ceases;
• unused Site Credits may expire or be forfeited as provided elsewhere in this Agreement, subject to applicable law; and
• Physical Cards remaining in OTP's custody will continue to be governed by the applicable redemption and abandonment provisions of this Agreement.

8.4 Backups

Residual copies of information may continue to exist within encrypted backups, disaster recovery systems, archival media, or legal compliance records for a limited period after deletion.

Such retained information will not be restored except where required for security, legal compliance, disaster recovery, or other legitimate operational purposes.

9. Account Holds

9.1 Temporary Holds

OTP may place temporary restrictions on an Account where it reasonably believes such action is necessary to:

• investigate suspected fraud or unlawful activity;
• verify identity or ownership;
• comply with court orders, legal process, sanctions, or regulatory requirements;
• investigate chargebacks or payment disputes;
• protect the security or integrity of the Services;
• prevent financial loss;
• or protect OTP, its Users, payment providers, or third parties.

During a temporary hold, OTP may restrict access to purchases, Buy-Back transactions, Physical Card redemption, withdrawals, Site Credits, or other Account functionality.

9.2 Duration of Holds

Account holds will remain in place only for as long as OTP reasonably considers necessary to complete the relevant investigation, satisfy legal obligations, or protect the Services.

Where appropriate and not prohibited by law, OTP may request additional information to assist in resolving the issue.

9.3 User Cooperation

You agree to cooperate with reasonable requests for information relating to an Account hold.

Failure to respond within a reasonable period may result in continued restrictions, transaction cancellation, suspension, or termination of your Account.

9.4 No Liability

Except where prohibited by applicable law, OTP will not be liable for delays, restrictions, or temporary unavailability of Services resulting from Account holds implemented in good faith under this Section.

Nothing in this Section limits any non-waivable rights available under applicable consumer protection laws.

10. Age and Eligibility

10.1 Minimum Age

The Services are intended solely for individuals who have reached the age of majority in their jurisdiction or who otherwise possess legal capacity to enter into binding contracts under applicable law.

If you are under the required age, you may not access or use the Services.

10.2 Eligibility Requirements

By using the Services, you represent and warrant that:

• you satisfy all age requirements applicable in your jurisdiction;
• your use of the Services is lawful where you reside;
• you are not prohibited from using the Services under applicable sanctions, export controls, or other legal restrictions;
• you are not using the Services on behalf of any prohibited person or organisation; and
• all information provided to OTP is truthful and accurate.

10.3 Age Verification

OTP may request proof of age or identity at any time where it reasonably believes verification is appropriate.

Acceptable documentation may include government-issued identification or other documentation reasonably requested by OTP.

Failure to provide satisfactory verification within a reasonable period may result in suspension, restriction, or termination of the Account.

10.4 Minors

If OTP reasonably believes that an Account is being used by or for the benefit of a person who has not reached the required legal age, OTP may immediately suspend or terminate the Account and cancel any pending transactions, subject to applicable law.

10.5 Jurisdictional Restrictions

OTP may restrict or prohibit access to all or part of the Services in particular countries, territories, or jurisdictions where the Services are unavailable or where providing them would violate applicable law, contractual obligations, export controls, sanctions, or regulatory requirements.

11. Public Safety Disclosure

11.1 Disclosure to Protect Individuals and the Public

OTP may disclose Account Information, personal information, transaction records, or other information relating to your use of the Services where OTP reasonably believes that disclosure is necessary to:

• prevent or reduce an imminent risk of death or serious physical harm to any individual;
• protect the rights, safety, security, or property of OTP, its Users, employees, contractors, payment providers, logistics providers, or the public;
• investigate, prevent, detect, or report suspected fraud, financial crime, identity theft, cybercrime, money laundering, sanctions violations, or other unlawful conduct;
• comply with applicable law, court orders, legal process, regulatory requests, or law-enforcement investigations; or
• enforce this Agreement or protect OTP's legal rights.

11.2 Scope of Disclosure

Where reasonably practicable, OTP will limit any disclosure to the minimum information reasonably necessary for the applicable purpose.

Information may be disclosed to:

• law-enforcement agencies;
• courts and regulatory authorities;
• payment processors and financial institutions;
• fraud-prevention organisations;
• shipping providers;
• professional advisers;
• insurers; or
• other third parties who reasonably require the information for the purposes described in this Section.

11.3 Compliance with Privacy Laws

Any disclosure under this Section will be made in accordance with applicable privacy and data-protection laws, including the OpenThatPack Privacy Policy.

Nothing in this Agreement limits any statutory privacy rights or legal protections available to Users under applicable law.

12. Purchases, Pricing, and Promotions

12.1 Daily Free Pack Program

OTP may make available a complimentary Free Pack to eligible Users.

Eligibility requirements, availability, pack contents, release schedules, inventory levels, redemption rules, and promotional periods are determined solely by OTP and may be modified, suspended, or discontinued at any time.

Unless otherwise expressly stated:

• Free Packs generally contain standard base-set cards;
• premium inserts, autographs, memorabilia cards, limited editions, alternate artwork, chase cards, and other promotional items are typically excluded;
• Daily Free Packs cannot be exchanged for cash or transferred independently of your Account; and
• all other provisions of this Agreement applicable to Digital Packs also apply to Daily Free Packs.

Availability is not guaranteed.

12.2 Pricing

All prices displayed on the Site are shown in United States Dollars (USD) unless otherwise indicated.

Prices become final only when your purchase has been successfully accepted and processed.

OTP may modify prices at any time before purchase confirmation.

Displayed prices may vary based upon:

• inventory;
• product availability;
• promotional campaigns;
• market demand;
• supplier pricing;
• taxation requirements; or
• other commercial factors.

OTP is under no obligation to honour incorrect prices resulting from typographical errors, technical faults, pricing feeds, software defects, or other obvious mistakes.

Where a material pricing error occurs, OTP may cancel the affected transaction and provide an appropriate refund to the original payment method, subject to Section 13.

12.3 Physical Fulfilment Charges

If you request shipment of Physical Cards, you agree to pay:

• the applicable Fulfilment Fee;
• shipping charges;
• insurance (where selected);
• applicable taxes;
• customs duties;
• brokerage fees;
• import charges; and
• any other governmental or carrier-imposed fees.

Current fulfilment charges are displayed during checkout and may change without prior notice.

12.4 Product Images and Descriptions

Images, videos, product descriptions, promotional materials, and illustrations displayed on the Site are provided for general informational purposes only.

Actual Physical Cards may differ in:

• centring;
• print quality;
• colour;
• foil patterns;
• manufacturing tolerances;
• packaging;
• grading characteristics; or
• other physical attributes.

Except where required by applicable law, minor differences between promotional materials and delivered Items do not constitute misrepresentation or grounds for cancellation or refund.

12.5 Rewards, Collections, Levels, and Achievements

OTP may offer optional promotional programmes including:

• collection achievements;
• loyalty levels;
• promotional rewards;
• seasonal events;
• collection milestones; and
• other incentive programmes.

Participation does not create any vested right.

OTP may establish or modify:

• eligibility criteria;
• inventory limits;
• qualification requirements;
• redemption conditions;
• availability periods;
• reward values; and
• promotional rules,

at any time.

Unless expressly stated otherwise, promotional rewards:

• have no cash value;
• cannot be transferred;
• may expire; and
• may be withdrawn where fraud, abuse, or technical error is identified.

12.6 Redemption Cards

Certain trading card products may contain manufacturer-issued redemption cards or codes redeemable directly with the original publisher.

Unless otherwise specified by the publisher, redemption offers generally expire according to the publisher's own redemption programme.

OTP has no control over publisher-operated redemption programmes and accepts no responsibility for:

• expired redemption offers;
• publisher refusals;
• manufacturer delays;
• inventory shortages;
• replacement policies; or
• publisher programme changes.

12.7 Payment Disputes and Chargebacks

Submitting a chargeback or payment reversal without a legitimate legal basis may constitute a material breach of this Agreement.

Where OTP reasonably determines that a chargeback is fraudulent, abusive, or otherwise improper, OTP may:

• suspend the relevant Account;
• recover unpaid amounts;
• deduct available Site Credits where legally permitted;
• recover bank fees and reasonable collection costs;
• refuse future purchases;
• suspend promotional benefits; or
• pursue any other lawful remedy.

Nothing in this Section limits your legal right to dispute genuinely unauthorised, fraudulent, or legally defective payment transactions.

12.8 Loyalty Programme

OTP may operate loyalty programmes that award promotional Site Credits, rebates, discounts, or other benefits based upon qualifying purchases or participation.

Unless otherwise required by applicable law:

• Site Credits are promotional only;
• they have no cash value;
• they are non-transferable;
• they may only be redeemed through the Services;
• they may expire after twenty-four (24) months of inactivity or such longer period required by law; and
• OTP may modify, suspend, or discontinue loyalty programmes at any time.

Nothing in this Section guarantees the continued availability of any loyalty programme.

12.9 Affiliate Programme

OTP may operate an Affiliate Programme permitting approved participants ("Affiliates") to promote the Services using referral links or referral codes.

Participation is governed by both this Agreement and any separate Affiliate Agreement published by OTP.

Affiliates agree to comply with:

• all advertising laws;
• consumer protection laws;
• anti-spam legislation;
• disclosure requirements;
• marketing guidelines published by OTP; and
• all applicable laws within the jurisdictions in which they promote the Services.

Affiliate commissions are awarded solely as promotional Site Credits unless expressly stated otherwise.

Affiliate Credits:

• are non-transferable;
• have no cash value;
• may only be used within the Services;
• may be forfeited where fraud, abuse, self-referrals, artificial traffic, or other prohibited conduct is identified.

OTP may modify, suspend, or terminate the Affiliate Programme or any Affiliate's participation at any time.

Participation in the Affiliate Programme does not create any employment, agency, partnership, joint venture, or fiduciary relationship between OTP and the Affiliate.

13. Payment, Taxes, and Shipping

13.1 Accepted Payment Methods

OTP accepts payment through payment methods and providers displayed during checkout, which may include major payment cards, digital wallets, bank-transfer services, cryptocurrency payment processors, or other approved payment providers.

By submitting payment, you authorise OTP and its payment processors to charge your selected payment method for:

• the purchase price of the applicable Digital Pack or other Services;
• applicable Fulfilment Fees;
• shipping and insurance charges;
• taxes;
• customs duties where collected at checkout; and
• any other disclosed fees.

Your use of third-party payment providers remains subject to those providers' own terms, conditions, and privacy policies.

OTP is not responsible for currency conversion charges, foreign transaction fees, banking charges, blockchain network fees, or similar costs imposed by financial institutions or third-party payment providers.

13.2 Cryptocurrency Payments

Where cryptocurrency payments are offered:

• exchange rates are determined by the payment processor at the time payment is initiated;
• blockchain confirmation requirements are determined by the relevant payment processor or blockchain network;
• blockchain network fees remain your responsibility;
• cryptocurrency payments are generally irreversible once confirmed on the relevant blockchain.

Nothing in this Agreement limits any refund rights that cannot legally be excluded under applicable law.

13.3 Taxes and Government Charges

Unless expressly stated otherwise, prices displayed on the Site exclude applicable:

• sales taxes;
• value-added tax (VAT);
• goods and services tax (GST);
• harmonised sales tax (HST);
• customs duties;
• import charges;
• brokerage fees; and
• similar governmental charges.

Where OTP is legally required to collect such amounts, they may be calculated during checkout based upon applicable law.

You remain responsible for taxes, duties, customs charges, and governmental fees that OTP is not legally required to collect.

13.4 Fulfilment Fees

Shipment of Physical Cards requires payment of applicable Fulfilment Fees together with shipping, insurance (where selected), customs, and carrier charges.

Fulfilment Fees may vary according to:

• destination;
• shipment value;
• weight;
• carrier;
• shipping method;
• insurance selection; and
• operational costs.

Current charges are displayed before shipment confirmation and may change for future transactions.

13.5 Shipment and Risk of Loss

OTP ships Physical Cards using carriers selected by OTP or chosen by you where available. Estimated delivery dates are estimates only and are not guaranteed.

Delays resulting from customs inspections, weather events, labour disruptions, carrier delays, governmental action, force majeure events, or other circumstances outside OTP's reasonable control do not constitute breach of this Agreement.

Risk of loss passes to you when the shipment is delivered to the selected carrier, unless otherwise required by applicable law.

You are responsible for selecting appropriate shipping and insurance options based upon the value of the shipment.

13.6 Shipment Claims

If insured shipments are lost or damaged in transit, OTP may, acting reasonably and subject to available inventory:

• replace the affected Physical Cards with identical cards;
• replace them with substantially equivalent cards of comparable market value; or
• provide another remedy that OTP reasonably considers appropriate.

Except where prohibited by applicable law, OTP's liability relating to shipment loss or damage shall not exceed the lesser of:

• the declared shipment value; or
• the amount paid for the relevant shipment.

13.7 Geographic Restrictions

OTP may decline shipments or restrict access to certain products or Services where necessary to comply with:

• export control laws;
• sanctions programmes;
• contractual licensing obligations;
• customs regulations;
• carrier restrictions; or
• other legal or regulatory requirements.

Attempts to circumvent geographic restrictions may result in cancellation of orders, Account suspension, or other enforcement action under this Agreement.

13.8 Pricing Errors

Despite reasonable efforts, pricing, product availability, or promotional information may occasionally contain errors.

OTP reserves the right to correct any obvious pricing or availability error before fulfilment.

Where payment has already been processed for an affected transaction, OTP will promptly notify you and provide an appropriate refund or alternative resolution where applicable.

14. Privacy and Data Protection

14.1 Privacy Commitment

OTP is committed to protecting your personal information and processing personal data in accordance with applicable privacy and data protection laws.

Our collection, use, disclosure, storage, and protection of personal information is governed by the OpenThatPack Privacy Policy, which forms part of this Agreement.

14.2 Lawful Processing

Where required by applicable law, OTP processes personal information only where an appropriate legal basis exists, including:

• performance of this Agreement;
• compliance with legal obligations;
• OTP's legitimate business interests;
• protection of vital interests;
• public interest obligations; or
• your consent where required.

14.3 International Transfers

Personal information may be processed or stored in jurisdictions outside your country of residence.

Where personal information is transferred internationally, OTP will implement appropriate safeguards where required by applicable law, including recognised contractual safeguards or equivalent legal transfer mechanisms.

14.4 Your Privacy Rights

Subject to applicable law, you may have rights to:

• access your personal information;
• correct inaccurate information;
• request deletion;
• restrict processing;
• object to certain processing;
• request portability of your personal information; or
• withdraw consent where processing is based upon consent.

Requests may be submitted using the contact details published in the Privacy Policy. OTP may request reasonable identity verification before fulfilling privacy requests.

14.5 Retention

OTP retains personal information only for as long as reasonably necessary to:

• provide the Services;
• comply with legal obligations;
• resolve disputes;
• enforce this Agreement;
• prevent fraud;
• maintain financial and tax records; or
• protect legitimate business interests.

Retention periods may vary according to applicable legal requirements.

14.6 Supervisory Authorities

Where applicable privacy laws provide the right to lodge complaints with a supervisory authority or data protection regulator, nothing in this Agreement limits those rights.

15. Returns, Refunds, and Error Resolution

15.1 General Policy

Except where required by applicable law or expressly provided in this Agreement, purchases of:

• Digital Packs;
• Site Credits;
• promotional products;
• fulfilment services; and
• digital Services

are final and non-refundable once the applicable Digital Pack has been opened, delivered, redeemed, or otherwise consumed.

Nothing in this Agreement excludes any mandatory consumer rights that cannot legally be waived.

15.2 Fulfilment Errors and Shipping Damage

If:

• you receive an incorrect Physical Card;
• a Physical Card is materially damaged during shipment; or
• OTP makes a fulfilment error,

you must notify OTP within five (5) calendar days after delivery and provide photographs or other reasonably requested evidence.

Following investigation, OTP may, acting reasonably:

• replace the affected card;
• provide Site Credits equivalent to the applicable Buy-Back value or other reasonable valuation;
• arrange return shipping where appropriate; or
• provide another appropriate remedy.

Normal manufacturing characteristics, print-centering variations, surface imperfections, or grading differences do not constitute shipping damage.

15.3 Technical Errors

If technical errors prevent proper delivery of Digital Packs, Digital Cards, or other purchased Services, you should notify OTP promptly.

Following verification, OTP will use commercially reasonable efforts to correct confirmed technical errors.

OTP is not responsible for problems caused by:

• internet outages;
• device failures;
• incompatible software;
• third-party service interruptions;
• blockchain congestion;
• wallet configuration issues; or
• events outside OTP's reasonable control.

15.4 Shipping Availability

Physical Card shipment remains subject to:

• applicable law;
• carrier availability;
• customs requirements;
• export restrictions;
• sanctions;
• licensing obligations; and
• destination-country restrictions.

Availability may change without notice.

15.5 Consumer Rights

Nothing in this Agreement excludes, restricts, or limits any statutory consumer rights, guarantees, remedies, or protections that cannot legally be excluded under the laws applicable to your purchase or use of the Services.

Where mandatory consumer laws provide greater protection than this Agreement, those mandatory provisions will prevail to the extent of the inconsistency.

16. OTP Buy-Back Program

16.1 Overview

OTP may, from time to time, offer eligible Users the opportunity to sell certain eligible Digital Packs, digital representations of Physical Cards, or other qualifying Items back to OTP through the OpenThatPack Buy-Back Program (the "Buy-Back Program").

Participation in the Buy-Back Program is entirely voluntary and subject to this Agreement and any additional rules published by OTP.

Nothing in this Agreement obligates OTP to purchase any Item or continue operating the Buy-Back Program.

16.2 Buy-Back Offers

Any Buy-Back Price displayed through the Services constitutes an invitation for you to submit an offer to sell an eligible Item to OTP.

Displayed prices:

• are determined solely by OTP;
• may change at any time before acceptance;
• do not represent market value, investment value, grading value, replacement value, or future value;
• are available only while displayed within the Services.

A Buy-Back transaction is completed only when:

• you submit your sale request through the Services; and
• OTP's systems confirm acceptance of the transaction.

Until acceptance occurs, OTP may withdraw, amend, or refuse any displayed Buy-Back Price.

16.3 Buy-Back Settlement

Unless expressly stated otherwise, successful Buy-Back transactions are settled exclusively through promotional Site Credits.

Site Credits:

• are promotional in nature;
• have no cash value;
• are not legal tender;
• are non-transferable;
• cannot be redeemed for cash except where required by applicable law;
• may only be used within the Services.

Credits are generally applied immediately following successful completion of the transaction, although processing delays may occasionally occur.

16.4 Expiration and Account Status

Unless prohibited by applicable law:

• Site Credits may expire after twenty-four (24) months of Account inactivity;
• Site Credits may be forfeited following lawful Account termination under this Agreement;
• OTP may discontinue unused promotional credits where legally permitted.

Where applicable law prohibits expiration or forfeiture, OTP will administer Site Credits in accordance with that law.

16.5 No Valuation Warranty

OTP makes no representation or warranty that any Buy-Back Price:

• reflects fair market value;
• reflects published price guides;
• reflects auction values;
• reflects grading outcomes;
• reflects future resale prices; or
• represents the highest available price obtainable elsewhere.

You acknowledge that collectible values fluctuate continuously due to market demand, scarcity, grading, publisher activity, collector interest, and numerous other factors outside OTP's control.

Participation in the Buy-Back Program is entirely at your own commercial discretion.

16.6 Program Changes

OTP may modify, suspend, discontinue, or replace all or part of the Buy-Back Program at any time.

Changes may include:

• eligible products;
• pricing methodology;
• processing procedures;
• settlement methods;
• eligibility requirements;
• transaction limits; or
• operational availability.

Transactions already accepted before a published change becomes effective will generally continue to be processed under the rules applicable at the time of acceptance unless prevented by applicable law.

16.7 Fraud Prevention

OTP may refuse, delay, reverse, investigate, or cancel any Buy-Back transaction where OTP reasonably believes that:

• fraud has occurred;
• stolen payment methods were used;
• technical manipulation has occurred;
• an Item was obtained through exploitation of the Services;
• multiple Accounts have been used improperly;
• sanctions or regulatory concerns arise; or
• the transaction otherwise violates this Agreement.

17. Suspension, Termination, and Removal of Content

17.1 OTP's Right to Suspend or Terminate

OTP may suspend, restrict, or terminate your Account, access to the Services, or specific Service functionality where OTP reasonably believes such action is necessary to:

• enforce this Agreement;
• investigate suspected fraud or unlawful conduct;
• protect the security or integrity of the Services;
• comply with legal obligations;
• protect OTP, its Users, payment providers, licensors, or business partners;
• prevent financial loss; or
• respond to technical, operational, or security risks.

Suspension may affect:

• Digital Packs;
• Physical Card redemption;
• Buy-Back eligibility;
• Site Credits;
• Daily Free Pack eligibility;
• promotional benefits;
• Account functionality; and
• access to the Services generally.

17.2 Notice

Where reasonably practicable and not prohibited by law or regulatory requirements, OTP will provide notice of permanent Account termination before termination becomes effective.

Notice may explain:

• available redemption options;
• shipment deadlines;
• remaining Site Credits;
• available transaction history; and
• any applicable appeal process.

Immediate suspension or termination may occur without prior notice where OTP reasonably believes immediate action is necessary to prevent fraud, unlawful conduct, security risks, or significant harm.

17.3 Consequences of Termination

Following lawful termination:

• your licence to access the Services immediately ends;
• access to Digital Packs and associated digital content terminates;
• Site Credits may expire or be forfeited in accordance with this Agreement and applicable law;
• redemption rights for Physical Cards may cease after any applicable notice period;
• abandoned Physical Cards remaining in OTP's custody may be treated in accordance with this Agreement;
• your access credentials will be disabled; and
• OTP may permanently disable your Account.

Termination does not transfer ownership of OTP intellectual property or create any obligation for OTP to continue providing Services.

17.4 Data Retention Following Termination

Following Account closure, OTP may retain information where reasonably necessary to:

• comply with legal obligations;
• maintain tax and accounting records;
• investigate fraud;
• resolve disputes;
• enforce this Agreement;
• defend legal claims;
• satisfy regulatory requirements; or
• protect legitimate business interests.

Information retained under this Section will continue to be handled in accordance with the Privacy Policy.

17.5 Survival

Termination of your Account does not affect provisions of this Agreement that by their nature are intended to survive termination, including provisions relating to:

• payment obligations;
• intellectual property;
• privacy;
• limitation of liability;
• disclaimers;
• indemnification;
• governing law;
• dispute resolution;
• audit rights;
• regulatory compliance; and
• any accrued rights or liabilities existing before termination.

17.6 No Waiver

OTP's decision to suspend, delay, investigate, or refrain from enforcing any provision of this Agreement does not constitute:

• a waiver of any right;
• acceptance of prohibited conduct;
• consent to future violations; or
• a limitation upon any remedy available under applicable law.

Any remedy available under this Agreement is cumulative and does not exclude any other legal or equitable remedy available to OTP.

17.7 Appeals

Users who believe enforcement action has been taken in error may contact OTP Support and request a review.

Submission of an appeal does not guarantee reinstatement, reversal of any decision, or compensation.

OTP will review appeals in good faith but retains discretion to determine the appropriate outcome, subject to applicable law.

18. Intellectual Property and Permitted Use

18.1 Ownership

Except for trademarks, logos, artwork, names, and other intellectual property owned by third parties, all content made available through the Services—including software, source code, databases, website design, text, graphics, images, audio, video, animations, interfaces, compilations, documentation, digital assets, and all related materials (collectively, the "Site Materials")—is owned by or licensed to RW.SOFTWARE LLC and is protected by copyright, trademark, patent, trade secret, database, and other intellectual property laws.

Nothing in this Agreement transfers ownership of any intellectual property rights to you.

18.2 Limited Licence

Subject to your continued compliance with this Agreement, OTP grants you a limited, personal, revocable, non-exclusive, non-transferable, and non-sublicensable licence to access and use the Site Materials solely for your own personal, lawful, non-commercial use.

Except where expressly authorised in writing by OTP, you may not reproduce, distribute, publicly display, modify, commercialise, or otherwise exploit any Site Materials.

18.3 Prohibited Uses

You must not:

• copy, reproduce, republish, distribute, transmit, display, sell, licence, or exploit Site Materials;
• reverse engineer, decompile, disassemble, or attempt to derive source code;
• scrape, crawl, harvest, or systematically collect data from the Services;
• remove copyright, trademark, or proprietary notices;
• use automated tools, bots, AI agents, or similar technologies to reproduce Site Materials without authorisation;
• frame or mirror the Services;
• create derivative works from Site Materials;
• use OTP trademarks, branding, or logos without prior written consent.

18.4 Third-Party Intellectual Property

Certain products, card artwork, logos, trademarks, character names, publisher names, and other intellectual property displayed through the Services belong to their respective owners.

Such materials are displayed solely for purposes of identifying products available through the Services.

Nothing contained within the Services implies sponsorship, endorsement, affiliation, partnership, or ownership unless expressly stated.

18.5 Reservation of Rights

All rights not expressly granted under this Agreement are reserved by OTP and its licensors.

Any unauthorised use of the Services or Site Materials immediately terminates the licence granted under Section 18.2 and may result in civil or criminal enforcement where permitted by law.

19. Copyright Complaints (DMCA)

19.1 Copyright Policy

OTP respects the intellectual property rights of others and expects Users to do the same.

If you believe material made available through the Services infringes your copyright, you may submit a copyright infringement notice in accordance with applicable law, including the United States Digital Millennium Copyright Act ("DMCA") where applicable.

19.2 Designated Copyright Agent

Copyright notices should be submitted to:

DMCA Agent
RW.SOFTWARE LLC
5900 Balcones Drive, Suite 100
Austin, Texas 78731 USA
Email: support@openthatpack.com

OTP may update its designated copyright agent from time to time.

19.3 Required Information

To assist OTP in evaluating your claim, your notice should include:

• identification of the copyrighted work;
• identification of the allegedly infringing material;
• sufficient information to enable OTP to locate the material;
• your name, mailing address, telephone number, and email address;
• a statement that you have a good-faith belief the use is unauthorised;
• a statement that the information provided is accurate and that you are authorised to act on behalf of the copyright owner, where applicable;
• your physical or electronic signature.

Incomplete notices may delay processing.

19.4 Counter Notices

Where OTP removes or disables material following receipt of a copyright complaint, affected Users may submit a counter-notification where permitted by applicable law.

OTP may restore removed material where legally permitted following receipt of a valid counter-notification.

19.5 Repeat Infringers

OTP may suspend or terminate Accounts belonging to Users who repeatedly infringe intellectual property rights or repeatedly violate this Agreement.

OTP reserves the right to remove allegedly infringing material while investigating any complaint.

20. Disclaimers

20.1 Services Provided "As Is"

Except where prohibited by applicable law, the Services, Digital Packs, Physical Cards, Daily Free Packs, Site Credits, Buy-Back Program, promotional programmes, software, website functionality, and all related content are provided on an "AS IS" and "AS AVAILABLE" basis.

To the fullest extent permitted by law, OTP disclaims all express, implied, statutory, and other warranties, including warranties of:

• merchantability;
• fitness for a particular purpose;
• title;
• non-infringement;
• uninterrupted availability;
• accuracy;
• security; and
• satisfactory quality.

Nothing in this Agreement excludes warranties that cannot legally be excluded.

20.2 No Guarantee of Availability or Value

OTP does not guarantee that:

• the Services will always be available;
• the Services will operate without interruption;
• errors will be corrected immediately;
• Digital Packs will contain particular cards;
• Physical Cards will achieve any grading result;
• Buy-Back Prices reflect market value;
• promotional programmes will continue indefinitely;
• any Item will increase in value;
• any product description or image will remain unchanged.

Collectible markets fluctuate significantly and OTP makes no representation regarding future prices or investment value.

20.3 Technical Risks

You acknowledge that use of internet-based services involves inherent technical risks. OTP does not warrant that the Services will always be:

• secure;
• free from bugs;
• free from malicious code;
• compatible with every device or browser;
• immune from cyberattacks;
• uninterrupted by maintenance or third-party outages.

Although OTP employs commercially reasonable security measures, no online platform can guarantee absolute security.

20.4 User Responsibilities

You remain solely responsible for:

• safeguarding your Account credentials;
• maintaining the security of your devices;
• maintaining compatible hardware and software;
• ensuring internet connectivity;
• complying with applicable laws;
• evaluating the suitability of purchases made through the Services.

20.5 Third-Party Services

The Services may integrate with third-party payment processors, shipping providers, publishers, authentication providers, blockchain networks, or other external services.

OTP does not control those services and is not responsible for:

• their availability;
• their security;
• their accuracy;
• their privacy practices;
• their contractual obligations; or
• losses arising from their operation.

Your use of third-party services remains governed by their own terms and privacy policies.

20.6 Limitation of Certain Warranties

Some jurisdictions do not permit exclusion of certain warranties or statutory guarantees.

Where such laws apply, the exclusions contained in this Section apply only to the maximum extent permitted by applicable law.

20.7 Sole Remedy

To the extent permitted by applicable law, if you are dissatisfied with the Services or this Agreement, your primary remedy is to discontinue use of the Services and close your Account.

Nothing in this Section limits any mandatory statutory rights or remedies that cannot legally be excluded.

21. Third-Party Services

21.1 No Endorsement or Control

The Site may contain links to, integrate with, or provide access to websites, marketplaces, authentication providers, analytics providers, browser extensions, software applications, payment processors (e.g., Stripe, NOWPayments), shipment-tracking portals, social media platforms, or other services that are not operated or controlled by OTP ("Third-Party Services").

OTP provides access to Third-Party Services solely as a convenience and does not endorse, monitor, verify, control, or assume responsibility for:

• the availability, security, content, accuracy, reliability, or policies of any Third-Party Service;
• any products, services, advertisements, listings, transactions, or offers provided, advertised, or sold through any Third-Party Service;
• any authentication, identity-verification, analytics, advertising, tracking, data handling, privacy, or legal-compliance practices of any Third-Party Service; or
• any acts, omissions, representations, warranties, or obligations of any third party.

21.2 Independent Relationship

When you access or use a Third-Party Service, you do so entirely at your own risk. Your interactions with any Third-Party Service are governed exclusively by the applicable terms, conditions, privacy policies, and practices of the relevant third party and not by this Agreement.

OTP is not a party to, does not control, and is not responsible or liable for any contract, transaction, communication, dispute, loss, damage, or obligation arising between you and any third party.

21.3 Marketplaces, Authentication Providers, and Analytics Providers

Certain Third-Party Services may include marketplaces, payment providers, authentication providers, analytics providers, advertising providers, customer-support tools, fraud prevention services, or other technology providers that assist OTP in operating, improving, securing, or analysing the Site.

You acknowledge and agree that:

• authentication providers may process information necessary to verify your identity or facilitate account access;
• analytics providers may collect and process usage information relating to interactions with the Site;
• marketplaces or other transaction platforms may impose separate terms governing purchases, sales, listings, communications, or other activities; and
• OTP does not control or guarantee the availability, accuracy, security, or practices of any such provider.

Your use of such services is subject to the applicable third-party terms and privacy policies.

21.4 Browser Extensions and Custom Scripts

OTP neither develops nor supports any third-party browser extensions, user scripts, automation tools, bots, plug-ins, or similar software (collectively, "Extensions") that claim to interface with the Site.

Use of any Extension may expose you to security risks, including account compromise, unauthorised access, data loss, fraudulent activity, or unintended transactions. OTP disclaims all liability for any loss, damage, or harm arising from or relating to your installation, use, or reliance on any Extension.

21.5 Hyperlinks Do Not Imply Endorsement

A link from the Site to a Third-Party Service (or from a Third-Party Service to the Site) does not imply that OTP:

• approves, recommends, or sponsors the Third-Party Service;
• makes any warranty, representation, or guarantee regarding the Third-Party Service; or
• accepts responsibility for the Third-Party Service's content, availability, security, privacy practices, operation, or compliance.

21.6 Hold Harmless

To the fullest extent permitted by law, you agree to release OTP from claims arising solely from independent third-party services, including any loss, damage, liability, cost, or expense (including reasonable attorneys' fees) arising out of or relating to your use of, reliance on, or interaction with any Third-Party Service or Extension.

Nothing in this Section limits any rights or remedies that cannot legally be waived.

22. Changes to This Agreement

OTP may amend, modify, or replace portions of this Agreement or the Privacy Policy from time to time, acting reasonably and in accordance with applicable law.

When OTP makes changes, OTP will post the revised Agreement on the Site and update the "Last Updated" date at the top of the Agreement. For changes OTP reasonably determines to be material, OTP may provide additional notice, such as an in-Site banner, pop-up notification, or email sent to the address associated with your Account, before the amendment becomes effective.

Material changes will not apply retroactively unless required by law or necessary for security, fraud prevention, or legal compliance.

Your continued access to or use of the Site after the effective date of any amendment constitutes acceptance of the revised Agreement. If you do not agree to the amended Agreement, you must cease use of the Site and close your Account before the effective date of the changes.

23. Indemnification

You agree to indemnify, defend, and hold harmless OTP and its parents, subsidiaries, affiliates, officers, directors, employees, agents, licensors, and service providers (collectively, the "Indemnified Parties") from and against claims, demands, actions, proceedings, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable attorneys' fees and court costs) arising out of or relating to:

• your breach of this Agreement, the Privacy Policy, or any applicable law, rule, or regulation;
• your unlawful conduct or misuse of the Site, Services, or any related functionality;
• any content, data, or material you submit, upload, transmit, or otherwise make available through the Site;
• your violation of any third-party right, including intellectual-property, publicity, confidentiality, or privacy rights; or
• your use of or interaction with any Third-Party Service, Extension, or payment processor where such claim arises from your acts or omissions.

You are not required to indemnify any Indemnified Party for claims arising solely from OTP's own negligence, willful misconduct, or violation of applicable law.

OTP reserves the right, at its election and expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you. If OTP assumes such defence, you will reasonably cooperate with OTP in asserting available defences.

You may not settle any claim that imposes any obligation, admission, or liability on an Indemnified Party without OTP's prior written consent. OTP will not enter into any settlement imposing obligations on you without your consent unless such settlement is legally required.

24. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL OTP OR ITS PARENTS, SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, PAYMENT PROCESSORS, SHIPPING CARRIERS, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, SUCCESSORS, OR ASSIGNS (COLLECTIVELY, "OTP PARTIES") BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR ENHANCED DAMAGES, INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST DATA, BUSINESS INTERRUPTION, LOSS OF GOODWILL, OR DIMINUTION IN VALUE, ARISING OUT OF OR RELATING TO:

(i) the Site or any content made available through the Site;

(ii) Digital Packs, Physical Cards, Services, purchases, transactions, or related activities;

(iii) any security breach, unauthorised access, or misuse of your Account;

(iv) any third-party statements, conduct, products, services, or content; or

(v) this Agreement,

whether based on warranty, contract, tort (including negligence), strict liability, or any other legal theory, even if the OTP Parties have been advised of the possibility of such damages.

Nothing in this Section limits liability for:

• fraud;
• willful misconduct;
• gross negligence where such limitation is prohibited by law;
• death or personal injury resulting from negligence where such limitation is prohibited by law; or
• any liability that cannot legally be excluded or limited.

IN ALL EVENTS, THE AGGREGATE LIABILITY OF THE OTP PARTIES FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE SITE, SERVICES, OR THIS AGREEMENT SHALL NOT EXCEED THE GREATER OF:

(A) the total amount you actually paid to OTP for Services in the twelve (12) months preceding the event giving rise to the claim; or

(B) one hundred United States dollars (US $100).

The existence of more than one claim will not enlarge this limitation.

24.1 Off-Platform Transactions

OTP provides the Site solely as described in this Agreement. Any purchase, sale, transfer, or other transaction involving Items that occurs outside the Site, including transactions facilitated through social media, social-media marketplaces, online marketplaces, private sales, or other platforms, is entirely at your own risk.

The OTP Parties disclaim all liability for losses, disputes, misrepresentations, non-delivery, fraud, payment issues, or any other issue arising from or relating to off-platform transactions.

24.2 Jurisdictional Limits

Certain jurisdictions do not allow the exclusion or limitation of certain damages or liabilities. To the extent such laws apply to you, the exclusions and limitations contained in this Section will apply only to the maximum extent permitted by applicable law.

25. Governing Law

This Agreement, and any dispute, claim, or cause of action arising out of or relating to the Site, the Services, or the transactions contemplated hereby—whether sounding in contract, tort, statute, or otherwise—shall be governed by and construed exclusively in accordance with the laws of the State of Texas, United States of America, without giving effect to any choice-of-law or conflict-of-laws rule that would result in the application of the laws of any other jurisdiction.

Subject only to mandatory applicable consumer-protection laws that cannot legally be waived, the Parties agree that Texas law shall govern the interpretation, validity, and enforcement of this Agreement.

The United Nations Convention on Contracts for the International Sale of Goods (CISG) shall not apply.

26. Dispute Resolution

26.1 Agreement to Arbitrate

Except for the specific exclusions in Section 26.4, you and OTP agree that any dispute, claim, or controversy ("Dispute") arising out of or relating in any way to:

(i) this Agreement;

(ii) your access to or use of the Site, Items, or any related Service; or

(iii) the interpretation, validity, scope, enforceability, or formation of this Agreement,

shall be resolved exclusively and finally by binding arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules ("AAA Rules"), as modified by this Section.

A current copy of the AAA Rules is available through the American Arbitration Association.

Consumer Protection Rights. If the law applicable to your jurisdiction provides you with a non-waivable right to bring certain disputes before a court or governmental tribunal, nothing in this Section shall prevent you from exercising only those rights that cannot legally be waived.

Seat / Venue. Unless the Parties agree otherwise, the arbitration shall be conducted by a single, neutral arbitrator physically located (or videoconferenced) in Austin, Texas, USA.

Governing Law. The Federal Arbitration Act ("FAA"), 9 U.S.C. §§ 1 et seq., governs the interpretation and enforcement of this Section. Texas law, as described in Section 25, governs all other issues.

Filing. Instructions for commencing arbitration are provided in Rule R-2 of the AAA Rules. If you initiate arbitration, you must send a copy of the demand to: support@openthatpack.com

Fees. Filing, administrative, and arbitrator fees will be allocated in accordance with the AAA Consumer Arbitration Rules. OTP will pay the portion of such fees that the AAA Rules require the business to bear, and will pay any additional fees only to the extent necessary for this arbitration agreement to be enforceable under applicable law. The arbitrator may reallocate fees where the arbitrator determines that a claim or defence is frivolous or brought for an improper purpose. Each party bears its own attorneys' fees unless the arbitrator awards otherwise under applicable law.

Discovery; Confidentiality. The arbitrator may allow limited discovery consistent with the streamlined nature of arbitration and will honour all legally recognised privileges.

All proceedings, submissions, and awards shall remain confidential except to the extent disclosure is:

• required by law;
• necessary to enforce or challenge an award;
• made to insurers;
• made to accountants, auditors, or financial advisers; or
• made to legal advisers who are obligated to maintain confidentiality.

Award. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

The arbitrator has no authority to award punitive or exemplary damages except where such damages would be available under governing substantive law had the claim been litigated in court.

26.2 Delegation of Gateway Issues

THE PARTIES EXPRESSLY AGREE THAT THE ARBITRATOR—NOT ANY COURT—SHALL HAVE EXCLUSIVE AUTHORITY TO RESOLVE ALL THRESHOLD OR "GATEWAY" ISSUES, including but not limited to disputes concerning:

• the existence, scope, or validity of this arbitration agreement;
• any claim that all or part of this arbitration agreement is void or voidable;
• whether a particular claim is arbitrable; and
• whether a party waived the right to arbitrate.

26.3 Class-Action Waiver

ARBITRATION SHALL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS WHERE PERMITTED BY APPLICABLE LAW.

Neither you nor OTP shall have the right or authority to arbitrate any claim as a class action, private attorney-general action, collective action, or other representative proceeding.

The arbitrator may award relief only in favour of the individual party seeking relief and only to the extent necessary to resolve that party's individual claim.

If a court determines that any portion of this class-action waiver is unenforceable with respect to a particular claim or remedy, that claim or remedy shall be severed and may proceed in court only to the extent required by applicable law.

26.4 Exclusions from Arbitration

The arbitration agreement in Section 26.1 does not apply to:

Small-Claims Relief. Either party may bring an eligible claim in the small-claims court of Travis County, Texas, or the small-claims court located in the jurisdiction of the consumer's residence where permitted by applicable law.

Intellectual-Property Litigation. Either party may seek injunctive or declaratory relief for alleged infringement, misappropriation, or invalidity of patents, copyrights, trademarks, or trade secrets in any court of competent jurisdiction.

Provisional Remedies. Either party may seek temporary injunctive relief or other provisional remedies in aid of arbitration from a state or federal court in Travis County, Texas without waiving the right to arbitrate.

26.5 Survival; Severability

This Section 26 survives termination of your Account or this Agreement.

If any portion of this Section is found unenforceable as to a particular claim or remedy, that portion shall be severed, and the remaining provisions shall remain in full force and effect.

27. Class- and Collective-Action Waiver

27.1 Individual-Claim Requirement

To the fullest extent permitted by applicable law, each Dispute must be brought solely in your—or OTP's—individual capacity and not as a plaintiff, class member, participant, or representative in any purported class, collective, consolidated, representative, or private attorney-general proceeding (collectively, "Class Action").

You and OTP expressly waive the right to litigate or arbitrate any Dispute on a class or representative basis to the fullest extent permitted by applicable law.

27.2 Limits on Arbitrator's Authority

The arbitrator selected under Section 26 shall have no authority to:

• join, consolidate, or aggregate claims of more than one person or entity;
• preside over any Class Action; or
• issue relief that applies to any person or entity other than the individual parties to the arbitration.

The arbitrator may award monetary or injunctive relief only in favour of the individual party seeking relief and only to the extent necessary to resolve that party's own claim.

27.3 Court Determination of Waiver Validity

Any challenge to the validity, enforceability, scope, or revocability of this Class-Action Waiver shall be decided exclusively by a court of competent jurisdiction and not by the arbitrator.

If a court determines that this waiver is unenforceable as to a particular claim or requested remedy, that claim or remedy shall be severed and may proceed in court only to the extent required by applicable law. All remaining claims shall continue to be resolved individually.

27.4 Jury-Trial Waiver

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND OTP UNDERSTAND AND AGREE THAT, BY ENTERING INTO THIS AGREEMENT, EACH PARTY IS WAIVING THE RIGHT TO:

(A) A TRIAL BY JURY; AND

(B) PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING.

27.5 Survival

This Class-Action Waiver is material to the Parties' agreement to arbitrate and shall survive termination of your Account, cessation of Site use, and conclusion of any arbitration or court proceeding.

28. Order Acceptance; Transaction Limits

OTP reserves the right, acting reasonably, to refuse, limit, or cancel any order submitted through the Site, whether or not the order has been confirmed or payment has been captured.

In exercising this right, OTP may apply reasonable limits on:

• the number or value of purchases;
• the quantity of Items purchased;
• transactions associated with a particular person, household, Account, payment method, IP address, or shipping address; or
• other transaction activity where necessary to protect the Site or users.

OTP may refuse, limit, or cancel orders where OTP reasonably believes the order involves:

• fraud or suspected fraudulent activity;
• sanctions restrictions;
• export-control restrictions;
• payment failures or payment disputes;
• inventory shortages or availability issues;
• pricing or listing errors;
• unauthorised purchasing activity;
• attempts to circumvent purchase restrictions or security controls; or
• automated, deceptive, or abusive activity.

If OTP cancels or materially modifies an order after payment has been processed, OTP will attempt to notify you using the contact information associated with your Account and will issue an appropriate refund to the original payment method, subject to applicable law and any non-refundable third-party processing fees.

29. Notices and Communications

29.1 Notices from OTP to You

OTP may provide any notice required or permitted under this Agreement by:

• email to the address associated with your Account;
• posting the notice within your Account dashboard or as an in-Site banner; or
• first-class mail or courier to the most recent physical address you provided.

Electronic notices satisfy applicable legal writing requirements, including the U.S. Electronic Signatures in Global and National Commerce Act ("E-SIGN Act") and the Uniform Electronic Transactions Act ("UETA") where applicable.

Delivery is effective on the date the email is sent, the notice is posted, or three (3) business days after mailing, whichever occurs first.

29.2 Notices from You to OTP

Except where this Agreement specifies another address or method, all legal notices to OTP must be in writing and delivered by certified U.S. Mail, return-receipt requested, or internationally recognised courier service to:

OTP – Legal Department
5900 Balcones Drive, Suite 100
Austin, TX 78731, USA

Email for general legal inquiries: support@openthatpack.com

Notices are deemed given when received and signed for by OTP (or when delivery is refused).

Routine customer-service questions should be submitted through the Site's "Contact Us" form or emailed to support@openthatpack.com.

30. Waiver

The failure of OTP to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of that provision or any other right.

No waiver or consent is effective unless it is in a writing signed by an authorised representative of OTP.

No delay or partial exercise of any right, remedy, power, or privilege under this Agreement shall constitute a waiver of that or any other right, remedy, power, or privilege.

Any single waiver shall not be deemed a continuing or subsequent waiver of the same or any other provision.

31. Entire Agreement

This Agreement—including the Privacy Policy, Cookie Policy (if applicable), Supplemental Terms, promotional terms, contest rules, and any other documents expressly incorporated by reference—constitutes the entire agreement between you and OTP regarding the Site, Services, and related transactions and supersedes all prior or contemporaneous understandings, communications, representations, and proposals, whether oral or written.

OTP may amend this Agreement as provided in Section 22. No oral statements, representations, or informal communications will modify or supplement this Agreement unless expressly incorporated into a written amendment authorised by OTP.

32. Severability

If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable, that provision shall be interpreted, modified, or limited only to the minimum extent necessary to make it enforceable while preserving the Parties' original intent.

If such modification is not possible, the unenforceable provision shall be severed, and the remaining provisions of this Agreement shall continue in full force and effect.

33. Limitation of Actions

Any claim or cause of action arising out of or relating to the Site, Services, Items, or this Agreement must be filed within two (2) years after the claim accrues, unless a shorter limitations period is required by applicable law.

Claims not filed within that period are permanently barred, except where a longer limitation period cannot legally be shortened under applicable law.

34. Force Majeure

OTP shall not be liable for any failure, interruption, suspension, or delay in performance caused by circumstances beyond its reasonable control, including, without limitation:

• acts of God;
• natural disasters;
• pandemics or public health emergencies;
• labour disputes;
• supply-chain interruptions;
• war, terrorism, civil unrest, or governmental actions;
• internet outages;
• cyberattacks;
• ransomware incidents;
• cloud-service interruptions or hosting failures;
• payment-processor failures or outages;
• shipping-carrier disruptions;
• supplier shortages; or
• utility or telecommunications failures.

OTP's obligations will be suspended for the duration of the force-majeure event, and OTP may, where reasonably necessary, cancel affected transactions or extend performance deadlines.

OTP will use commercially reasonable efforts to resume performance as soon as reasonably practicable following the conclusion of the force-majeure event.

35. Specific Performance and Injunctive Relief

You acknowledge that certain breaches or threatened breaches of this Agreement, particularly those relating to intellectual-property rights, unauthorised access, misuse of the Site, security protections, or confidential information, may cause OTP harm for which monetary damages may be an inadequate remedy.

To the extent permitted by applicable law, OTP may seek injunctive relief, specific performance, or other equitable remedies from any court of competent jurisdiction, in addition to any other rights or remedies available at law or in equity.

OTP may seek such remedies except where applicable law requires otherwise, including any requirement relating to the posting of a bond or other security.

36. Export Controls and Sanctions

You represent and warrant that:

• you are not located in, organised under the laws of, or ordinarily resident in any country or territory subject to comprehensive U.S. sanctions, unless your access and use are otherwise legally permitted;
• you are not identified on any applicable government restricted-party, denied-party, or prohibited-party list; and
• your access to and use of the Site and Services will not violate any applicable export-control, sanctions, embargo, or trade-compliance laws or regulations.

You agree not to use the Site or Services for any purpose prohibited by applicable export control or sanctions laws.

OTP may suspend, restrict, or terminate access to Accounts or Services where OTP reasonably believes such action is necessary to comply with applicable export-control, sanctions, or legal obligations.

37. Electronic Communications

By accessing or using the Site, you consent to receiving communications from OTP electronically, including through email, Account notifications, website notices, or other electronic means.

You agree that:

• electronic notices and communications satisfy any legal requirement that such communications be in writing;
• electronic records maintained by OTP are legally binding records of communications and transactions;
• electronic signatures, acknowledgements, and confirmations are legally effective; and
• electronic communications and transactions may be conducted in accordance with applicable electronic-signature laws, including the U.S. Electronic Signatures in Global and National Commerce Act ("E-SIGN Act") and, where applicable, the Uniform Electronic Transactions Act ("UETA").

You are responsible for maintaining accurate Account information, including a current email address, so that OTP may provide required notices.

38. Assignment

You may not assign, transfer, delegate, or otherwise dispose of any rights or obligations under this Agreement without OTP's prior written consent.

OTP may assign or transfer this Agreement, in whole or in part, without your consent:

• to an affiliate;
• to a successor entity;
• in connection with a merger, acquisition, financing, corporate restructuring, or sale of assets; or
• to any entity that acquires all or substantially all of OTP's business or assets relating to the Site or Services.

Any prohibited assignment or transfer by you is void.

Subject to the foregoing, this Agreement shall bind and benefit the Parties and their permitted successors and assigns.

39. No Third-Party Beneficiaries

Except as expressly provided in this Agreement, this Agreement creates rights and obligations only between OTP and the User.

No person or entity that is not a party to this Agreement shall have any right to enforce any provision of this Agreement or claim any benefit arising from it.

40. Interpretation

For purposes of interpreting this Agreement:

• headings and section titles are included for convenience only and do not affect the meaning or interpretation of any provision;
• the term "including" means "including without limitation";
• words in the singular include the plural, and words in the plural include the singular, as the context requires;
• references to any law, statute, regulation, rule, or governmental requirement include any amendments, replacements, revisions, successor legislation, or related implementing regulations;
• references to "you," "your," or "User" include any person accessing or using the Site or Services through your Account; and
• references to OTP include its permitted successors and assigns.

This Agreement shall be interpreted fairly according to its terms and shall not be construed against either Party solely because that Party drafted or prepared any portion of it.