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Terms of Use

INTRODUCTION

Pocketfied Inc. (“Pocketfied” or “we”) welcomes you to use our website https://pocketfied.com/ and the Pocketfied mobile application (together the “Service”). These Terms of Use (“Terms”) describe the terms and conditions that govern your use of or access to our Service. The Terms constitute an agreement between you and us, so please read these Terms carefully.

By accessing or using the Service, you agree to be bound by these Terms, our Privacy Policy, and the other rules provided with the Service, whether you are a registered user of our Service or not. If you do not accept or understand the Terms, please do not use or access the Service.

Changes to the Terms

The Terms can be updated from time to time. Please check back periodically for the latest version of the Terms. If there are any significant changes made to the Terms, we will notify you. Your use of the Service following any changes to these Terms constitutes your acceptance of any such changes.

YOUR USE OF THE SERVICE

Eligibility

You must be at least 18 years old to access, use, or register with the Service.

Your Account and Your Information

You do not have to create an account to access the Service. But you may need to register with the Service to use certain functions or access advanced features of the Service.

You must protect any passwords or other credentials associated with your account in the Service and take full responsibility for any use of the account under your password. You agree to notify us of any breach of security or unauthorized use of your account.

Our Privacy Policy explains how we treat your personal data and protect your privacy when you use the Service.

License to Use the Service

We grant you a limited, non-exclusive, non-transferable, non-assignable license to access and make personal and non-commercial use of the downloadable software included in the Service. You are not allowed to resell or commercially use any part of the Service or its contents and materials.

USER CONTENT

You own all data, information, photos, text, and other materials that you upload, post, provide, develop, operate, or display in the Service (“User Content”). You agree that your User Content will not violate any applicable law or any third-party rights.

We do not take any ownership rights in the User Content. But you grant us a non-exclusive, assignable, royalty-free, perpetual, non-revocable, worldwide license to use, copy, modify, reproduce, store, display, publish, and distribute the User Content, including for the purpose of promoting the Service. This license will last for a period that is commercially reasonable for us to use the User Content.

PROHIBITED ACTIVITIES

The following restrictions apply to your use of the Service. You are not allowed to:

  • copy, alter, modify, display, or otherwise create derivative works of the Service;
  • disassemble, decompile, reverse-engineer, or derive the source code of the Service;
  • interfere with or disrupt the Service;
  • transmit viruses, malware, or other malicious software;
  • attempt to gain unauthorized access to the Service;
  • sell, rent, transfer, or otherwise assign any rights to the Service to any third party;
  • make access to your account available to multiple users;
  • upload, post, or transmit any content which is defamatory, fraudulent, false, harassing, harmful to reputation, or infringing the privacy rights of any other person;
  • upload, post, or transmit any content which is abusive, pornographic, indecent, profane, obscene, hateful, libelous, illegal, or violative of third-party rights; or
  • access or use the Service in violation of any applicable local or international laws.

We reserve our right to remove from the Service any content that violates these restrictions or to suspend or terminate your account for violation of these Terms.

FEES AND PAYMENT

Certain features of the Service may be provided on the basis of a paid subscription (“Paid Plan”). If you purchase access to a Paid Plan, you agree to pay a fee on a monthly basis or at some other recurring interval.

You agree to pay the fees by credit card or another payment method accepted on the Service. If you purchase a Paid Plan, we may charge you on a recurring basis until you cancel your Paid Plan. You may cancel your Paid Plan at any time; however, all fees are non-refundable. The cancellation will take effect the day after the last day of the current subscription period, and you will be downgraded to the free version of the Service.

We may add new features for additional fees or change pricing at any time. We will communicate any price changes to you in advance. By accessing or using the Service, you agree to the new pricing.

INTELLECTUAL PROPERTY

All rights, including any copyright, patent, trade secret, or other intellectual property rights in the Service will remain our sole property.

COPYRIGHT COMPLAINT

If you believe that your copyrights have been infringed in any way, please send us a complaint at [email protected] with “Copyright” in the subject line.

DEVELOPMENT AND UPDATES TO THE SERVICE

We may issue updates or upgrades to the Service and disable access to the Service for any period of time or permanently. The Service is subject to scheduled and unscheduled service interruptions.

You consent to automatic updates or upgrades of the version of the Service that you are using on your device to a new version.

You agree that we will not be liable to you for any interruption of the Service.

PRIVACY

Our Privacy Policy explains how we collect, use, and protect your personal data.

When you collect or transmit any personal data through the Service, you must follow all laws and obtain all permissions from each data source to transmit such data through the Services. You agree not to:

  • use a username that is the name of another person with the intent of impersonating that person;
  • provide any false personal data to us or create any user account for anyone other than yourself without such person’s permission;
  • engage in unauthorized collection of users’ information or access the Service by automated means, including bots or scrapers; or
  • reveal any personal data related to another user, including address, phone number, email, credit card number, or any information that may otherwise identify another user.​​

GENERAL TERMS

Links to Third-Party Websites

The Service may contain links to websites owned by third parties. Such links are provided for informational purposes only. We are not responsible for any third-party websites or their content.

Limitation of Liability

The Service is provided to you “as is.” We make no warranty of completeness, accuracy, availability, timeliness, security, or reliability of the Service or any content in the Service. We will not be liable for any damages, including loss of profits, loss of data, or other losses resulting from:

  • any interruption of the Service;
  • any content of any third party on the Service, including any defamatory, offensive, or illegal conduct of other users or third parties;
  • any content obtained from the Service; or
  • unauthorized access, use, or alteration of any material or content.

Indemnity

You agree to defend, indemnify, and hold us harmless from any claim, losses, obligations, damages, or expenses arising from your use of or access to the Service, your breach of these Terms, or your violation of any law or the rights of a third party. This term will continue to be effective even if you have stopped using the Service.

Governing Law and Resolution of Disputes

All claims relating to these Terms or the Service will be governed by New York law, excluding its conflict-of-laws rules. Any claim will be resolved by the American Arbitration Association or JAMS.

You agree that any cause of action arising out of or related to the Service must commence within 1 year after the cause of action accrues. Otherwise, such cause of action is permanently barred.

TERM AND TERMINATION

You may stop using the Service or delete your account at any time.

We reserve the right to discontinue the Service at any time without notice. We may also terminate or suspend your access to the Service without notice if: (a) you violate these Terms or (b) we are required to do so to comply with a legal requirement or court order.

CONTACT INFORMATION

If you have any questions about these Terms, you can contact us at [email protected]  or by mail at Pocketfied Inc., 220 E 23rd Street #400, New York, NY 10010, Attention: Terms of Use.