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Terms of Service

Effective Date: May 14, 2025

Last Updated: May 14, 2025

1. Acceptance of Terms

By accessing or using the Excluded service, website, mobile application, or related platforms, including but not limited to our Discord community (collectively, the “Service”) at https://excluded.io, operated by Blu Software LLC (“Excluded,” “we,” “us,” or “our”), you agree to be bound by these Terms of Service (“Terms”), our Privacy Policy, Tracking Technologies Policy, and Sales and Refund Policy. By subscribing, you expressly acknowledge and agree to these policies at the point of purchase. If you do not agree, you must not use the Service.

We may update these Terms from time to time. Continued use of the Service after changes constitutes your acceptance of the revised Terms.

2. Description of Service

Excluded provides a premium subscription-based service for monitoring Pokémon card products, including but not limited to real-time alerts for product releases and restocks, queue detection tools, market analysis, and community features delivered primarily through Discord. The Service may include tools to assist users in identifying purchasing opportunities on third-party retail websites.

We may modify, suspend, or discontinue any part of the Service at any time without prior notice. We are not responsible for the accuracy, availability, or timeliness of third-party product information or the actions of third-party retailers.

3. Eligibility

You must be at least 13 years old to use the Service. By using the Service, you represent and warrant that you meet this eligibility requirement and have the legal capacity to enter into these Terms.

4. Subscription and Payments

4.1. Subscription Fees: Access to the Service requires a paid subscription, with fees outlined on our website. All fees are in U.S. dollars (USD) and processed via Stripe, a third-party payment processor. Fees are non-refundable, as stated in our Sales and Refund Policy.

4.2. Billing and Auto-Renewal: Subscriptions are billed in advance on a monthly or other recurring basis. You authorize us to automatically charge your provided payment method for all applicable fees. Subscriptions auto-renew until canceled.

4.3. Cancellation: You may cancel your subscription at any time through your account settings at dashboard.excluded.io or by contacting us at support@excluded.io or via our Discord Support Server. Upon cancellation, your subscription will remain active until the end of the current billing period, and no refunds will be issued.

4.4. Fee Changes: We may modify subscription fees at our discretion. We will notify you of fee changes at least 30 days in advance via email or the Service. Continued use after a fee change constitutes your acceptance.

5. User Conduct

You agree to use the Service responsibly and in compliance with all applicable laws and these Terms. You agree not to:

  • Use the Service for any illegal or unauthorized purpose.
  • Share, resell, or distribute Service content, including alerts or queue detection data, without our express permission.
  • Share your account credentials or allow others to access your account.
  • Attempt to gain unauthorized access to the Service, other accounts, or our systems.
  • Use automated tools (e.g., bots, scrapers) to extract data from the Service.
  • Interfere with, disrupt, or overload the Service or its infrastructure.
  • Harass, abuse, or harm other users, third parties, or our staff.
  • Distribute spam, malware, or other harmful content through the Service.
  • Engage in activities that violate third-party terms of service, including those of Discord or retail websites.

Violation of these rules may result in immediate suspension or termination of your account without refund, and we reserve the right to pursue legal action for damages caused by your actions.

6. Discord Community

The Service includes access to a Discord community for alerts and interaction. You are responsible for complying with Discord’s Terms of Service and Community Guidelines. We are not responsible for any bans, restrictions, or other actions taken by Discord against your account, whether related to your use of the Service or otherwise.

7. Third-Party Sites and Queue Detection Tools

The Service may provide tools, including but not limited to queue detection tools, to assist you in monitoring or purchasing products on third-party retail websites. You acknowledge and agree that:

  • Use of these tools is at your sole risk. Third-party sites have their own terms of service, and your use of our tools may result in bans, order cancellations, or other actions by those sites.
  • We do not control or endorse third-party sites and are not responsible for their actions, including but not limited to product availability, order fulfillment, or account restrictions.
  • You are solely responsible for complying with the terms of service and policies of third-party sites when using our tools or acting on Service-provided information.

8. Intellectual Property

8.1. Our Content: The Service, including its content, features, software, and design, is owned by Blu Software LLC or its licensors and protected by copyright, trademark, patent, trade secret, and other intellectual property laws. You may not reproduce, distribute, modify, or create derivative works of the Service without our express written permission.

8.2. User Content: You retain ownership of any content you submit to the Service (e.g., Discord messages, feedback). By submitting content, you grant us a worldwide, non-exclusive, royalty-free, perpetual license to use, reproduce, modify, and distribute your content for the purpose of operating and promoting the Service.

8.3. Pokémon Trademark: Pokémon is a registered trademark. Excluded is not affiliated with, endorsed by, or sponsored by Nintendo or The Pokémon Company.

9. Disclaimer of Warranties

The Service is provided on an “as is” and “as available” basis without warranties of any kind, express or implied. To the fullest extent permitted by law, we disclaim all warranties, including but not limited to warranties of title, merchantability, fitness for a particular purpose, and non-infringement. We do not guarantee:

  • The accuracy, timeliness, or reliability of alerts, market data, or other Service content.
  • Continuous, uninterrupted, or error-free access to the Service.
  • The security of your data, though we implement reasonable safeguards.
  • The outcomes of using our tools, including queue detection tools, on third-party sites.

10. Limitation of Liability

To the fullest extent permitted by law, Blu Software LLC, its affiliates, officers, directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or opportunities, arising from:

  • Your use of or inability to use the Service.
  • Third-party actions, including Discord account bans or retail site restrictions.
  • Inaccuracies in alerts, market data, or queue detection tools.
  • Unauthorized access to or loss of your data.

Our total liability to you for all claims, whether in contract, tort, or otherwise, shall not exceed the amount you paid for the Service in the twelve (12) months preceding the claim. Some jurisdictions do not allow certain limitations of liability, so the foregoing may not apply to you.

11. Indemnification

You agree to indemnify, defend, and hold harmless Blu Software LLC, its affiliates, officers, directors, employees, and agents from any claims, liabilities, damages, or expenses (including reasonable attorneys’ fees) arising from:

  • Your use of the Service in violation of these Terms.
  • Your violation of third-party terms, including those of Discord or retail websites.
  • Your infringement of any third-party rights, including intellectual property rights.
  • Any content you submit to the Service.

12. Termination

We may suspend or terminate your access to the Service at our sole discretion, with or without notice, for reasons including but not limited to:

  • Violation of these Terms.
  • Non-payment of subscription fees.
  • Conduct that harms the Service, other users, or third parties.

Upon termination, your right to access the Service will cease, and no refunds will be issued for partial billing periods. Sections 8–11 and 13–15 of these Terms will survive termination.

13. Changes to Terms

We may modify these Terms at any time. We will notify you of material changes by posting the updated Terms on the Service, sending an email to the address associated with your account, or posting a notice on our Discord community. Your continued use of the Service after such changes constitutes your acceptance of the revised Terms.

14. Governing Law and Dispute Resolution

These Terms are governed by the laws of the United States. You agree that any disputes arising from these Terms or your use of the Service shall be resolved through informal negotiation. If unresolved, disputes shall be subject to the exclusive jurisdiction of the federal courts of the United States. Users outside the United States agree to be bound by these Terms under U.S. law.

15. Miscellaneous

15.1. Entire Agreement: These Terms, together with our Privacy Policy, Tracking Technologies Policy, and Sales and Refund Policy, constitute the entire agreement between you and Blu Software LLC regarding the Service.

15.2. Severability: If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

15.3. No Waiver: Our failure to enforce any right or provision of these Terms does not constitute a waiver of such right or provision.

15.4. Assignment: You may not assign these Terms without our prior written consent. We may assign these Terms to an affiliate or in connection with a merger or acquisition.

16. Contact Us

For questions about these Terms, contact us: