PRYZM Inc. (“PRYZM,” “we,” “us,” or “our”) operates the PRYZM website and mobile application (together, the “Platform”), through which registered users may purchase, collect, store, and arrange shipment of physical collectible items, including items sold in randomized-content packs. These Terms of Use, together with our Privacy Policy and any additional guidelines we post (collectively, this “Agreement”), govern your access to and use of the Platform. “You” and “your” refer to the individual using the Platform.
BY CREATING AN ACCOUNT OR OTHERWISE USING THE PLATFORM, YOU ACCEPT THIS AGREEMENT IN FULL. IF YOU DO NOT AGREE, DO NOT USE THE PLATFORM.
THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER IN SECTION 19. WITH LIMITED EXCEPTIONS, IT REQUIRES YOU TO RESOLVE DISPUTES WITH PRYZM THROUGH INDIVIDUAL ARBITRATION RATHER THAN IN COURT, AND YOU WAIVE THE RIGHT TO PARTICIPATE IN A CLASS ACTION OR JURY TRIAL.
1. Eligibility and Account Registration
To use the Platform, you must create a PRYZM account and provide accurate registration information. By registering, you represent and warrant that:
- you are at least 18 years old;
- you have the legal capacity to enter into this Agreement;
- all information you provide is truthful, accurate, and kept up to date;
- you are located in a jurisdiction where use of the Platform is lawful (see Section 1.2);
- you have not been previously suspended or removed from the Platform;
- any payment method you use is issued in your own name and you are authorized to use it; and
- you are registering as an individual, for your own personal use, and not on behalf of a company or other entity.
You may hold only one PRYZM account. Maintaining more than one account may result in suspension or termination of all associated accounts and forfeiture of any balances or inventory held in those accounts.
1.1 Identity Verification
Before you may withdraw funds, ship inventory, or exceed certain usage thresholds, we may require you to complete identity verification (“Verification”), which may include submitting a government-issued photo ID, a live selfie or video for comparison against that ID, and other information reasonably necessary to confirm your identity and eligibility. We use a third-party verification provider, Footprint, whose terms (available at https://www.onefootprint.com/terms-of-service) and privacy practices also apply to information you submit for Verification. We may deny, suspend, or reverse a transaction if we are unable to verify your identity to our reasonable satisfaction.
1.2 Eligible Locations
The Platform is currently available throughout the United States, with the exception of Arizona, Connecticut, Delaware, Louisiana, Maine, Michigan, Montana, Nevada, South Dakota, and Tennessee. The Platform is not currently available in Puerto Rico (together with the states listed above, the “Restricted Jurisdictions”). We may add to or remove from this list of Restricted Jurisdictions at any time, including to comply with changes in law or our licensing position. You are responsible for knowing whether use of the Platform, including making purchases or withdrawing funds, is lawful in your location. If your location becomes a Restricted Jurisdiction after you have registered, you will be given a reasonable opportunity to withdraw any available balance and request shipment of your inventory before further restrictions apply.
1.3 Account Security
You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account. Notify us immediately at [email protected] if you suspect unauthorized access to your account. We recommend using a strong, unique password and enabling any additional security features we offer.
1.4 Account Closure
You may close your account at any time by contacting [email protected]. Before closing your account, you are responsible for withdrawing any available funds and requesting shipment of any inventory you wish to keep; unclaimed balances and inventory remaining at closure will be handled as described in Section 8 (Refunds) and Section 6 (Storage), and, where permitted by applicable law, may be forfeited. We may also suspend or terminate your account under Section 18.
2. Privacy
Our collection and use of your personal information is described in our Privacy Policy, available at https://www.pryzmcards.com/privacy, which is incorporated into this Agreement by reference. By using the Platform, you agree to the collection, use, and disclosure of your information as described there.
3. License to Use the Platform
Subject to your compliance with this Agreement, PRYZM grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Platform for your personal, non-commercial use. This license does not include any right to access source code, back-end systems, or non-public interfaces.
3.1 Acceptable Use
You agree not to, and not to help or permit anyone else to:
- use the Platform for any purpose other than the services it is designed to provide;
- use the Platform for any commercial purpose not expressly authorized by PRYZM;
- sell, rent, lease, sublicense, or transfer your account or access to the Platform;
- impersonate another person, or misrepresent your affiliation with any person or entity;
- attempt to access another user's account or non-public areas of the Platform;
- reverse engineer, decompile, or attempt to derive the source code of the Platform;
- use bots, scrapers, or other automated means to access or extract data from the Platform, except standard search engine indexing;
- interfere with or disrupt the Platform's operation, or attempt to circumvent its security or rate-limiting features;
- upload viruses, malware, or other harmful code;
- use a payment method that is not your own, or otherwise attempt to defraud PRYZM or other users; or
- harass, threaten, or abuse other users or PRYZM personnel.
We may investigate and take appropriate action against anyone who violates this section, including removing content, suspending or terminating accounts, and reporting conduct to law enforcement.
3.2 Modifications to the Platform
We may add, change, suspend, or discontinue any part of the Platform at any time, with or without notice. We are not liable to you for any such modification, suspension, or discontinuation.
3.3 Ownership
Other than User Content (defined below), the Platform and all content made available through it — including designs, text, graphics, logos, software, and other materials — are owned by PRYZM or its licensors and are protected by intellectual property laws. Nothing in this Agreement transfers any ownership interest in the Platform or its content to you.
4. User Content
“User Content” means any information, text, images, or other content you submit to the Platform (for example, a profile photo or a support request), excluding Payment Data. You are solely responsible for your User Content. By submitting User Content, you grant PRYZM a non-exclusive, worldwide, royalty-free license to use, host, reproduce, and display it as necessary to operate and improve the Platform, including to create de-identified, aggregated data sets for analytics and product development. This license continues after you stop using the Platform solely with respect to aggregated or de-identified data and routine backups.
If you submit feedback or suggestions about the Platform, you agree PRYZM may use them without any obligation to you, and you agree not to submit feedback you consider confidential.
The Platform may display limited information about you to other users (for example, a username or public profile image). We are not responsible for the accuracy of information other users share, and you should use discretion when interacting with other users.
5. Purchases, Packs, and Randomized Items
PRYZM allows you to purchase physical collectible items directly, or in randomized-content packs (“Packs”) where the specific item you receive is determined by chance from a defined pool of possible items.
5.1 Direct Purchases
When you purchase a specific, identified item, that item is credited to your account inventory (“Inventory”). Direct purchases are final; see Section 8 for the limited circumstances in which a refund may be available.
5.2 Pack Purchases and Odds Disclosure
Before you purchase a Pack, we will disclose, at minimum: the type and source of the collectibles it may contain, the price, the number of items included, and, where we provide them, the probability of receiving items in a given rarity or value tier. Odds are based on current available inventory and may change over time; the odds shown at the time of your purchase apply to that purchase. Distribution across disclosed ranges is not guaranteed to be even. Pack purchases are final and non-refundable except as described in Section 8.
On-screen animations, wheels, or reveal sequences used when opening a Pack are for presentation only and have no effect on which item you receive — the outcome is determined at the moment of purchase confirmation.
5.3 When You Actually Own an Item
An item shown in your Inventory reflects that PRYZM is holding it on your behalf and that you have the right to request its sale back to PRYZM or its shipment to you — it does not mean legal title has transferred to you. Title transfers only once: (a) you request shipment; (b) you complete Verification if required; (c) you pay any applicable taxes and fees; (d) your account is in good standing; and (e) the item is tendered to a shipping carrier addressed to you.
5.4 Fair Market Value
For purposes of crediting your account when you sell an item back to us, or valuing lost or unavailable inventory, PRYZM determines a “Fair Market Value” (“FMV”) using factors that may include recent sales of the same or comparable items, rarity, condition or grading, and general market conditions. FMV is PRYZM's own good-faith estimate, may differ from prices quoted elsewhere, and may change at any time before you act on it.
6. Storage of Inventory
Items in your Inventory that you have not yet requested to ship are held by PRYZM in storage. You may store an item for up to 7 days from the date it was credited to your account. If you have not requested shipment or sale by the end of that period, we may, at our discretion, treat the item as sold back to us at its then-current FMV and credit your account accordingly. We will make reasonable efforts to notify you (for example, by push notification or in-app message) at least 24 hours before this occurs.
If an item in storage is lost, stolen, or destroyed while in our custody, we will credit your account with its FMV as of the date of the loss.
7. Shipping
You may request that an item in your Inventory be shipped to a U.S. address you provide. Before shipment, you may be required to complete Verification and pay any applicable sales tax. You are responsible for shipping costs and any tracking or insurance fees. Once an item is tendered to the carrier, responsibility for it passes to the carrier, though PRYZM will assist with claims for lost or damaged packages rather than requiring you to file directly with the carrier.
You must report any shipping error or damaged delivery to [email protected] within 10 days of the delivery date shown in tracking. If you do not, the shipment will be treated as accepted in the condition delivered.
Unless otherwise stated, items are sold “as is” with respect to physical condition; items not specifically identified as professionally graded are sold as raw, ungraded collectibles.
8. Fees, Funds, and Refunds
8.1 Adding Funds
Funds you add to your PRYZM account balance may be used only to purchase items or Packs on the Platform. Added funds are non-refundable except where required by law or as described below.
8.2 Withdrawals
You may withdraw funds you have earned from selling Inventory back to PRYZM, subject to: completing Verification; a minimum withdrawal amount of $6; a maximum of $250 in eligible funds during any single period of seven consecutive days, which we may adjust in our sole discretion; and processing within approximately two weeks of your request. Funds you deposited (as opposed to funds earned from sales) are not eligible for withdrawal. Our default withdrawal methods are payout to your linked debit card, bank account, or, where available, PayPal, Venmo, or Cash App; if none of those are available to you, contact [email protected] and we may be able to arrange a manual payout on a case-by-case basis. You are responsible for entering correct payment details for a withdrawal; PRYZM is not responsible for funds sent to an incorrect account or card due to information you provided.
8.3 Fees
We will disclose any applicable fees — for example, an expedited withdrawal fee — before you confirm a transaction that includes them. We may change our fees prospectively; a fee change will not apply to a transaction you have already initiated.
8.4 Refunds
Because Pack and item purchases are chance-based or otherwise final at the time of purchase, refunds are limited to: (a) a proven billing error or unauthorized transaction; (b) a demonstrated technical error on PRYZM's part that affected the outcome or delivery of your purchase; or (c) situations where applicable law requires a refund. Refund requests should be sent to [email protected] within 30 days of the transaction; we will respond within a reasonable time, generally within 3 business days. Approved refunds are issued as account credit or, where appropriate, a reversal to your original payment method.
8.5 Promotions and Bonus Credit
From time to time we may offer promotional credit, bonus items, discounts, or referral rewards (“Promotions”). Unless we state otherwise, Promotional credit may be used only for purchases on the Platform, has no cash value, cannot be withdrawn or transferred, and may expire or be forfeited under terms we disclose at the time of the offer. We may modify, suspend, or end any Promotion at any time.
9. Third-Party Services
The Platform relies on third-party providers for services such as payment processing, identity verification, and shipping. Your use of those services may be subject to their own terms, which you agree to comply with. PRYZM is not responsible for the acts or omissions of independent third-party providers, though we will work in good faith to help resolve issues that arise from their services in connection with your use of the Platform.
10. Compliance, Anti-Fraud, and Anti-Money Laundering
By using the Platform, you represent that you are not subject to sanctions administered by the U.S. Office of Foreign Assets Control or equivalent authorities in your jurisdiction. PRYZM may monitor transactions for suspicious activity, request additional information, delay or decline a transaction, or report activity to regulators or law enforcement as required by law.
Using the Platform to intentionally lose value in an exchange with another user in order to move funds between accounts, or engaging in other conduct designed to disguise the source or ownership of funds, is prohibited and may result in suspension, termination, and forfeiture of balances as described in Section 18.
11. Platform Integrity
The following, without limitation, are prohibited: using a VPN or similar tool to misrepresent your location where location affects eligibility; providing false account or Verification information; operating multiple accounts; exploiting a bug or error in the Platform for your benefit; and using a phone number not issued to you by a telecommunications provider to register. Violations may result in suspension or termination of your account, forfeiture of associated funds or Inventory to the extent reasonably necessary to reverse the benefit obtained, and referral to law enforcement where appropriate.
12. Indemnification
You agree to indemnify and hold harmless PRYZM, its affiliates, and their officers, directors, employees, and agents from any claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from: your use of the Platform; your User Content; your violation of this Agreement; or your violation of any law or third-party right. PRYZM may assume control of the defense of any matter subject to indemnification, and you agree to cooperate with that defense.
13. Disclaimers
THE PLATFORM AND ALL CONTENT, PRODUCTS, AND SERVICES MADE AVAILABLE THROUGH IT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT ANY FMV, ODDS, OR OTHER ESTIMATE WE PROVIDE WILL MATCH ACTUAL MARKET OUTCOMES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
14. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, PRYZM AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, DATA, OR GOODWILL, ARISING FROM YOUR USE OF THE PLATFORM, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. PRYZM'S TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING FROM THIS AGREEMENT WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO PRYZM IN THE 12 MONTHS BEFORE THE CLAIM AROSE, OR (B) $100. THIS LIMITATION DOES NOT APPLY TO LIABILITY THAT CANNOT BE LIMITED UNDER APPLICABLE LAW, INCLUDING LIABILITY FOR PRYZM'S FRAUD, GROSS NEGLIGENCE, OR WILLFUL MISCONDUCT, OR FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE.
15. Term and Termination
This Agreement remains in effect while you use the Platform. We may suspend or terminate your access, or limit specific features, at any time if we reasonably believe you have violated this Agreement, engaged in fraudulent or unlawful conduct, or posed a risk to PRYZM or other users; we will provide notice where reasonably practicable and not otherwise prohibited. You may stop using the Platform and close your account at any time as described in Section 1.4. Sections that by their nature should survive termination — including Sections 4, 8, 12, 13, 14, and 19 — will survive.
16. Responsible Use
Because PRYZM involves spending real money on items whose specific outcome is determined by chance, we encourage you to set a personal budget and stick to it. You may request a temporary or permanent suspension of your ability to make purchases by contacting [email protected]; we will honor that request and will not lift it early at your request alone. During any such suspension, you may still withdraw available funds and request shipment of existing Inventory.
17. Electronic Communications
You consent to receive communications from PRYZM electronically, including by email, push notification, and in-app messaging, including notices about your account, transactions, and this Agreement. You may opt out of marketing communications at any time using the unsubscribe link provided or through your account settings; this will not affect transactional or legal notices necessary to operate your account.
18. Changes to This Agreement
We may update this Agreement from time to time. If we make a material change, we will provide reasonable notice, such as an in-app notification or email, before the change takes effect. Continuing to use the Platform after a change takes effect constitutes acceptance of the updated Agreement. If you do not agree to a change, you should stop using the Platform and may close your account as described in Section 1.4.
19. Dispute Resolution; Arbitration Agreement
Please read this section carefully. It affects your legal rights.
19.1 Governing Law
This Agreement is governed by the laws of the State of New York, without regard to its conflict-of-laws principles, except that the Federal Arbitration Act governs the interpretation and enforcement of the arbitration provisions below.
19.2 Informal Resolution First
Before filing a claim, you and PRYZM agree to first attempt to resolve the dispute informally by sending a written notice to [email protected] describing the dispute, the relief sought, and the basis for the claim. The parties will negotiate in good faith for 60 days before either party may initiate arbitration or, where available, a small claims action.
19.3 Binding Arbitration
Except as set out in Section 19.5, you and PRYZM agree that any dispute arising from or relating to this Agreement or the Platform will be resolved exclusively through binding, individual arbitration rather than in court, administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules.
Arbitration will take place in New York, New York, or, at your election for claims under $25,000, may proceed by telephone, videoconference, or submission of documents only, or in the federal judicial district where you reside. The arbitrator's decision will be final and binding, subject to limited judicial review under the Federal Arbitration Act. PRYZM will pay AAA filing fees for claims under $10,000 brought in good faith; each side otherwise bears its own attorneys' fees unless the arbitrator finds a claim or defense was frivolous.
19.4 Class Action and Jury Trial Waiver
YOU AND PRYZM EACH WAIVE THE RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION, CONSOLIDATED ACTION, OR REPRESENTATIVE PROCEEDING. CLAIMS MUST BE BROUGHT IN AN INDIVIDUAL CAPACITY. THE ARBITRATOR MAY NOT CONSOLIDATE CLAIMS OF MORE THAN ONE PERSON.
19.5 Exceptions
Either party may bring an individual action in small claims court instead of arbitration if the claim qualifies. Either party may also seek emergency injunctive relief in court to prevent irreparable harm while an arbitration is pending. Nothing in this section limits your right to file a complaint with a government agency.
19.6 Opting Out
You may opt out of this arbitration agreement by sending written notice to [email protected] within 30 days of first accepting this Agreement, including your name, account email, and a clear statement that you opt out of arbitration. If you opt out, disputes will instead be resolved in the state or federal courts located in New York County, New York, and both parties consent to jurisdiction and venue there.
19.7 Severability
If any part of this arbitration agreement is found unenforceable, the remainder will remain in effect, except that if the class action waiver in Section 19.4 is found unenforceable as to a particular claim, that claim (and only that claim) will proceed in court rather than arbitration.
20. General Provisions
This Agreement, together with any documents it incorporates by reference, is the entire agreement between you and PRYZM regarding the Platform and supersedes any prior agreements on the subject. If any provision is found unenforceable, the remaining provisions remain in effect, and the unenforceable provision will be modified to the minimum extent necessary to make it enforceable. Our failure to enforce any right or provision is not a waiver of that right. You may not assign this Agreement without our written consent; we may assign it in connection with a merger, acquisition, or sale of assets. Neither party is liable for delays caused by events beyond its reasonable control.
21. Contact Information
Questions about these Terms of Use, or notices under this Agreement, can be sent to:
PRYZM INC.
1825 Coney Island Ave
Brooklyn, NY 11230
General support: [email protected]
Legal notices: [email protected]