Terms of Service
Last modified: April 16, 2021
These Terms of Service (these “Terms”) constitute the agreement (this “Agreement”) between PocketSuite, Inc. (the “Company”) and the User (as defined below) of the PocketSuite mobile application, desktop application or website (the “App”). These Terms are subject to change at any time and for any reason, without notice. Please note that the Company may terminate this Agreement or discontinue your use of the App or any portion or feature for any or no reason at any time.
ACCEPTANCE OF TERMS
By downloading, installing and registering to use the App, you expressly agree to be bound by these Terms as published from time to time at www.pocketsuite.io. You may not use the App and you may not accept the terms of this Agreement if you are not of a legal age to form a binding contract with the Company.
If you accept this Agreement, you represent that you:
- have the capacity to be bound by it and if you are acting on behalf of a company or entity, that you have the authority to bind such entity;
- are at least 18 years old, and
- are not a competitor of or using the Services for purposes that are competitive with us.
By accessing or using the Services, you represent and warrant that you meet all the foregoing eligibility requirements. If you do not meet all these requirements, you may not use or access the Services.
Please review these Terms carefully before installing and registering to use the App. Before you continue, you should print or save a local copy of this Agreement for your records. The Company is sometimes referred to herein as “we,” “us,” or “our” and the User is sometimes referred to as “you,” “your,” or “customer.”
The App offers services to two types of Users: Business Owners and Clients.
Users who are Business Owners can use the various tools and functions of the App to set up and update their business profile, upload their work schedule, schedule appointments and/or classes with Clients, send reminders to Clients for upcoming appointments, send invoices, collect payment, send and receive messages with Clients, market to Clients, send and receive signed Contracts from Clients, send and receive completed Forms from Clients, manage Client profiles, and other features (the “Business Services”). Client Users have access to different tools and functions which allow them to schedule bookings, view upcoming appointments, pay for services, send and receive messages service providers, and other features (“Client Services” and together with the Business Services, the “Services”).
The App is designed to facilitate business transactions between Business Owners and Clients, starting with initial appointment scheduling by Business Owners with Clients. The App allows Business Owners to send appointment requests directly to Clients along with specific Prices (as defined in Section 3) for the associated job request. The Client is able to review the appointment request and Price, and if both price and future appointment dates are agreed upon by both parties, then the Client can confirm, and Business Owner and Client are locked into a service agreement. Once the appointment date has arrived, and the service has been completed by the Business Owner to the Client’s satisfaction, the Client is charged the Price amount and the Business Owner is compensated accordingly.
The App also allows Business Owners to send invoices to Clients, requesting immediate payment for services rendered. Clients can review the invoice in detail, and pay at his or her convenience by entering a credit card in a secure browser or within the app. All invoice payments are processed immediately.
The App is designed for Business Owners who sell services, and is not designed for Business Owners who sell goods or products online, such as e-commerce businesses.
YOUR USE OF THE SERVICES
To use the Services, you will need to register as a Business Owner or Client by entering in your mobile telephone number. The App will then prompt you to select the type of account you would like to register for and then will ask you to provide information about you or your business depending on the type of account you select, including your name, business name, industry, and email (“Account Information”). By providing the Company a mobile telephone number, you consent to receiving text messages about your use of the Services at that number. You must provide accurate, complete and forthright information in response to this data gathering.
By using the App, you expressly authorize the Company to take all reasonable steps to perform the Services including scheduling bookings, facilitating business transactions, and making payments to and accepting payments from Users of the App.
Business Owners, you hereby authorize and permit the Company to charge the Client’s credit card, on your behalf, a predetermined amount for services rendered by the Client (the service “Price”). Said Price shall be agreed-upon by both Business Owner and Client over the App prior to the scheduled date of service completion. Once services have been successfully rendered, the Business Owner shall mark as such through the App, and the Company will charge Client’s credit card the appropriate amount. Business Owners also authorize and permit the Company to charge the Client’s credit card for point of sale, invoices, subscriptions or other payment requests sent to, received by, and accepted by Clients.
Clients, you hereby authorize and permit the Company to charge your credit card the predetermined Price once services have been successfully rendered by the Business Owner, hired by you, or once you accept and pay any invoices sent to you by the Business Owner. You also authorize the Company to charge your credit card a fee if you cancel your service appointment with the Business Owner (the “Cancellation Fee”). The Cancellation Fee (both price and general terms) is determined by the Business Owner and is at the Business Owner’s discretion to inform you of his or her Cancellation Fee policy. If the Cancellation Fee applies, then the aforementioned Price is null and void, and the Client will not be charged said Price amount as it relates to the associated cancellation of service.
Users, you hereby authorize and permit the Company to use and store information submitted by you to accomplish the foregoing and to configure the Services so that they are compatible with third party sites for which funds are transferred.
Your right to access and use the App and use the Services is personal to you and is not transferable by you to any other person or entity, and you may only access and use the App and the Services for lawful purposes.
Accurate records enable us to provide the App and the Services to you. You agree to provide true, accurate, current, and complete information about your accounts, and you may not misrepresent any Account Information. In order for the Services to function effectively, you must also keep your Account Information up to date and accurate. If you do not do this, the accuracy and effectiveness of the Services provided to you will be affected. You represent that you are a legal owner of, and that you are authorized to provide us with, all Account Information and other information necessary to facilitate your use of the Services and the App.
In order to allow you to use certain Services, we may be required to verify your identity. You authorize us to make any inquiries we consider necessary to validate your identity. These inquiries may include asking you for further information, requiring you to take steps to confirm ownership of your email address, sending your mobile device a text message or working with third parties to confirm your banking information. If you do not provide this information or we cannot verify your identity, we can refuse to allow you to use the Services and the App.
The Services may change from time to time as we evolve, refine, or add more features to the Services. The Company reserves the right to modify, withdraw, or discontinue the Services, in whole or in part, at any time without notice to you. Your access and use of the App or the Services may be interrupted from time to time for any of several reasons, including the malfunction of equipment, periodic updating, maintenance or repair of the App, or other actions that the Company, in its sole discretion, may elect to take. In no event will the Company be liable to any party for any loss, cost, or damage that results from any period of downtime of the App or the Services.
MEMBER ACCOUNT, PASSWORD, AND SECURITY
When you download the App, you will be prompted to register for an account by entering in identifying information and selecting a phone number. With each time you log into the App, you will be texted a unique 4-digit pin number which will be used to access your account. We strongly recommend that you exit and sign out of your account at the end of each session.
If you believe that the device that you use to access the App has been lost or stolen, that someone is using your account without your permission, or that an unauthorized transfer of funds has occurred, you must notify us immediately in order to minimize your possible losses.
The following is our contact information:
Phone: (415) 841-2300
Address: 353 Sacramento Street, San Francisco, California 94111
TERM AND TERMINATION
This Agreement is effective from the date you first download and register the App. You may terminate your account with the Company at any time. The Company may terminate or revise these Terms at any time with or without notice. The provisions and all obligations of and restrictions on you and any User of your account with respect to the App or Service shall survive any termination of these Terms.
You agree that the Company, in its sole and absolute discretion, may terminate your account (or any part thereof) or your use of the App or any Service, for any reason, including for lack of use or if the Company believes that you have violated or acted inconsistently with the spirit of these Terms. The Company may, also, in its sole and absolute discretion, and at any time, discontinue providing the Services or maintaining the App, or any part thereof, with or without notice. You agree that any termination of your access to the App or Service under any provision of these Terms may be effected without prior notice, and you acknowledge and agree that the Company may immediately deactivate or delete your account and all related information and files in your account and prohibit any further access to all files, the App, or the Services by you. Further, you agree that the Company shall not be liable to you or any third party for any termination of your access to the App or the Services.
You can cancel your registration with the App at any time. To cancel your account, email email@example.com.
CONDITIONS OF USE
- You will not, nor allow third parties on your behalf, to (i) make and distribute copies of the App (ii) attempt to copy, reproduce, alter, modify, reverse engineer, disassemble, decompile, transfer, exchange or translate the App; or (iii) create derivative works of the App of any kind whatsoever.
- “PocketSuite” and all logos related to the Services are either trademarks or registered trademarks of the Company. You may not copy, imitate or use them without the Company’s prior written consent.
- You agree not to use the App or the Services on any device which you do not own or control and you agree not to distribute or make the App or the Services available over any network where it could be used by multiple devices at the same time.
- The App is currently made available to you free of charge for your personal and commercial use. The Company reserves the right to amend or withdraw the App, or charge for the App or the Services provided to you in accordance with these Terms, at any time and for any reason.
- You acknowledge that the terms of agreement with your respective mobile network provider (“Mobile Provider”) will continue to apply when using the App. As a result, you may be charged by the Mobile Provider for access to network connection services for the duration of the connection while accessing the App or any such third party charges as may arise. You accept responsibility for any such charges that arise.
- If you are not the bill payer for the device being used to access the App, you will be assumed to have received permission from the bill payer for using the App.
- You further agree not to engage in any of the following prohibited activities in connection with using the Services:
- Violate any applicable laws or regulations (including intellectual property laws and right of privacy or publicity laws) or any contractual obligations.
- Send any unsolicited or unauthorized advertising, promotional materials, spam, junk mail, chain letters, or any other form of unsolicited communications, whether commercial or otherwise.
- Impersonate others or otherwise misrepresent your affiliation with a person or entity in an attempt to mislead, confuse, or deceive others.
- Exploit or harm minors in any way, including exposing inappropriate content or obtaining personally identifiable information.
- Upload, display, distribute, or transmit any material that does not comply with the Content Standards set out below in this Agreement.
- Harass or interfere with anyone’s use or enjoyment of the Services, or expose the Company or other users to liability or other harm.
- Use any device, software, or routine that interferes with the proper working of the Services, or take any action that may interfere with, disrupt, disable, impair, or create an undue burden on the infrastructure of the Services, including servers or networks connected to the Website.
- Copy, monitor, distribute, or disclose any part of the Services by automated or manual processes, devices, or means. This includes, without limitation, using automatic devices such as robots, spiders, offline readers, crawlers, or scrapers to strip, scrape, or mine data from the Website; provided, however, that the Company conditionally grants to the operators of public search engines revocable permission to use spiders to copy materials from the Website for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials.
- Upload, transmit, or distribute to or through the Services any viruses, Trojan horses, worms, logic bombs, or other materials intended to damage or alter the property of others, including attacking the Services via a denial-of-service or distributed denial-of-service attack.
- Violate the security of the Services through (i) any attempt to gain unauthorized access to the Services or to other systems or networks connected to the Services, (ii) the breach or circumvention of encryption or other security codes or tools, or (iii) data mining or interference to any server, computer, database, host, user, or network connected to the Services.
- Reverse engineer, decompile, or otherwise attempt to obtain the source code or underlying information of or relating to the Services.
- Collect, harvest, or assemble any data or information regarding any other user without their consent. This includes, without limitation, their emails, usernames, or passwords.
- Otherwise attempt to interfere with the proper working of the Services.
- Attempt or Assist Others in Attempting. Attempt any of the foregoing or assist, permit, or encourage others to do or attempt any of the foregoing.
- You agree not to send, knowingly receive, upload, transmit, display, or distribute any User Content that does not comply with the following standards (“Content Standards”). User Content must not:
- Violate any applicable laws or regulations (including intellectual property laws and right of privacy or publicity laws), or any contractual or fiduciary obligations.
- Promote any illegal activity; advocate, promote, or assist any unlawful act; or create any risk of any harm, loss, or damage to any person or property.
- Infringe any copyright, trademark, patent, trade secret, moral right, or other intellectual property rights of any other person.
- Contain any information or material that we deem to be unlawful, defamatory, trade libelous, invasive of another’s privacy or publicity rights, abusive, threatening, harassing, harmful, violent, hateful, obscene, vulgar, profane, indecent, offensive, inflammatory, humiliating to other people (publicly or otherwise), or otherwise objectionable. This includes any information or material that we deem to cause annoyance, inconvenience, or needless anxiety, or be likely to upset, embarrass, alarm, or annoy another person.
- Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
- Contain any information or material that is false, intentionally misleading, or otherwise likely to deceive any person including, without limitation, impersonating any person, or misrepresenting your identity or affiliation with any person or organization.
- Represent or imply to others that it is in any way provided, sponsored, or endorsed by the Company or any other person or entity, if that is not the case.
- The Company will use reasonable efforts to make the App available at all times. However, you acknowledge the App is provided over the internet and mobile networks and so the quality and availability of the App may be affected by factors outside the Company’s reasonable control.
- The Company and sub-contractors do not accept any responsibility whatsoever for unavailability of the App, or any difficulty or inability to download or access content or any other communication system failure which may result in the App being unavailable.
- The Company will not be responsible for any support or maintenance for the App.
- In order to use the App, you are required to have a compatible mobile or handheld device, internet access, and the necessary minimum software specifications (“Software Requirements”).
- The Software Requirements are as follows: Apple iOS or Android devices. The app can also be accessed via an internet browser on any device as long as account access has originally being established on a mobile device. Currently, the App is available in the English language only.
- The version of the App software may be upgraded from time to time to add support for new functions and services.
The Company may terminate your use of the App and the Services at any time by giving notice of termination to you. Upon any termination, the rights and licenses granted to you herein shall terminate, and you must cease all use of the App and the Services.
UNAUTHORIZED OR ILLEGAL USE
The Company may decide not to authorize or settle any transaction that you submit to us if we believe that the transaction is in violation of this Agreement, or that it exposes you, your customers, or the Company to harm. Harm includes fraud and other criminal acts. If we reasonably suspect that your PocketSuite account has been used for an unauthorized, illegal, or criminal purpose, you give us express authorization to share information about you, your PocketSuite account, and any of your transactions with law enforcement. In addition, the Company reserves the right to cancel, suspend, or refund any payment transactions that have been completed through PocketSuite until suspected unauthorized or illegal use allegations have been settled. The Company reserves the right to debit any Business Owner’s bank account pertaining to any and all fraudulent transactions that have, or are suspected to have, occurred until said matters have been resolved.
PAYMENT FEES FOR BUSINESS OWNERS
The Company charges the payment recipient (i.e., in most cases the Business Owner) a fee for payment processing (the “Processing Fee”), which is debited from the gross payment amount. The Company charges said Processing Fee to cover its own processing fees and expenses.
The Company reserves the right to change, alter, add or remove fees at any time at its sole discretion, provided the Company notify its Business Owners and Clients beforehand.
SUBSCRIPTION PLANS FOR BUSINESS OWNERS
Business Owners can choose a free plan or paid-subscription plans (“Premium Plans”) with additional features.
Business Owners may subscribe to any PocketSuite plan either within the app or directly from the PocketSuite website (http://pocketsuite.io/pricing/). Subscription plans are on a rolling monthly or annual basis. In each case the Business Owner will pay the relevant fee up front. That fee will automatically renew at the end of each billing cycle. Business Owners can cancel their subscription plans at any time from within the PocketSuite app. Subscription fees are non-refundable once paid. The Company reserves the right to change, alter, add or remove subscription fees and plans at any time at its sole discretion, provided the Company notify its Business Owners and Clients beforehand
Premium plans come with a unique phone number that is assigned to your account. Business Owners who are assigned said unique phone number, are free to use said number as a new business line throughout the course of the subscription plan. If at any time the Business Owner cancels a Premium plan, then the unique phone number assigned to that Business Owner will be cancelled and will no longer reserve the right to use said number to make or receive phone calls or SMS texts.
By accepting payment through PocketSuite, you agree to provide refunds and adjustments for your goods or services in accordance with this Agreement. The amount of the refund cannot exceed the amount shown as the total on the original sales data. Please be aware, if your refund policy prohibits returns or is unsatisfactory to the Buyer, you may still receive a Dispute relating to such sales.
You can process a refund by initiating a request in the PocketSuite app or contacting PocketSuite at firstname.lastname@example.org. PocketSuite will withdraw up to the requested refund amount from your bank account and/or withhold up to that amount from pending payouts from payments received from your clients. PocketSuite will then credit the refunded amount back to the cardholder’s account. You are responsible for the entire amount of the refund requested and processing fees charged by PocketSuite will not be returned to you for any refunds.
PocketSuite has no obligation to accept any returns of any of your goods or services on your behalf. For any returns on products sold, the Business Owner must resolve said returns directly with their customers and PocketSuite will not be required to be involved in the refund process. Similar Dispute and fee policies apply, however, in addition to sales taxes and postage fees for product specific refunds.
YOUR LIABILITY FOR DISPUTES
The amount of a transaction may be reversed or charged back to your PocketSuite account (a “Dispute”) if the transaction (a) is disputed, (b) is reversed for any reason by the Network, our processor, or a Buyer or financial institution, (c) was not authorized or we have any reason to believe that the transaction was not authorized, (d) is allegedly unlawful, suspicious, or in violation of the terms of this Agreement. The Business Owner is fully liable for any such Dispute of a transaction made while using the Company’s Services.
The Company reserves the right to hold any pending payout(s) of a Business Owner depending on the Dispute rate of said account as a way to manage risk across the PocketSuite platform.
OUR COLLECTION RIGHT FOR DISPUTES
For any transaction that results in a Dispute, we may debit the amount of any Dispute and any associated fees, fines, or penalties by our processor (including a $15 Dispute fee) from your PocketSuite account, any proceeds due to you, your bank account, or other payment instrument registered with us at any time. If you have pending Disputes, we may delay payouts from your PocketSuite account. Further, if we reasonably believe that a Dispute is likely with respect to any transaction, we may withhold the amount of the potential Dispute from payments otherwise due to you under this Agreement until such time that: (a) a Dispute is assessed due to a Buyer’s complaint, in which case we will retain the funds; (b) the period of time under applicable law or regulation by which the Buyer may dispute that the transaction has expired; or (c) we determine that a Dispute on the transaction will not occur. If we are unable to recover funds related to a Dispute initiated for a payment made to you, you will pay us the full amount of the Dispute and applicable fees immediately upon demand. You agree to pay all costs and expenses, including without limitation attorneys’ fees and other legal expenses, incurred by or on behalf of us in connection with the collection of all PocketSuite account deficit balances unpaid by you.
If we believe you might incur, or you are incurring, an excessive amount of Disputes, we may establish additional conditions governing your account, including (a) establishing new processing fees, (b) creating a reserve in an amount reasonably determined by us to cover anticipated Disputes and related fees, (c) delaying payouts, or (d) terminating or suspending the Services.
You will assist us when requested, at your expense, to investigate any of your transactions processed through the Services. To that end, you permit us to share information about a Dispute with the customer, and the customer’s financial institution in order to investigate and/or mediate a Dispute. We will request necessary information from you to contest the Dispute. We may also use any content you upload through the Services to respond to Disputes on your behalf. If the Dispute is contested successfully, we will release corresponding reserved funds, up to the disputed amount, to your account. If a Dispute is not resolved in your favor by the payment processor or issuing bank or you choose not to contest the Dispute, we may recover the Dispute amount and any associated fees as described in these terms. You acknowledge that your failure to assist us in a timely manner when investigating a transaction, including providing necessary documentation, may result in an irreversible Dispute. We reserve the right, upon notice to you, to charge a fee for mediating and/or investigating Dispute disputes.
In order to accept payment as a Business Owner through PocketSuite, each Business Owner must go through Account Verification. Account Verification is required to prevent fraudulent accounts from accepting payment through PocketSuite. In order to get verified, each Business Owner must submit personal and business information, including a valid government-issued ID (e.g., a driver’s license). Once verified, Business Owners can seamlessly begin accepting credit and debit card payments from Clients through PocketSuite.
You grant us a lien and security interest in all funds for Transactions that we process for you, including funds that we deposit into your account, as well as funds held in any other bank accounts to which such Transaction funds are deposited or transferred. You grant us the right of setoff against, and assign, convey, deliver, pledge and transfer to us, as security for repayment of any obligations due under these terms and any other agreement you have with us, all of your right, title, and interest in and to all of your accounts with us. You authorize us to administratively freeze or direct any third party bank holding the account to freeze all such accounts to allow us to protect our security interest, collection, charge and setoff rights as provided for in this section. This means that if you have not paid funds that you owe to us, your Customers, or to any of our affiliates, we have a right superior to the rights of any of your other creditors to seize or withhold funds owed to you for Transactions that we process through the Services, and to debit or withdraw funds from any bank account associated with your Stripe account. Upon our request, you will execute and deliver any documents and pay any associated fees we consider necessary to create, perfect, and maintain a security interest in such funds such as the filing of a form UCC-1. The UCC filing may state that such sale is intended to be a sale and not an assignment for security and may state that you are prohibited from obtaining any financing that impairs the value of our rights to collect. You authorizes us to debit the account for all costs incurred by us associated with the filing, amendment or termination of any UCC filings
COLLECTION AND SETOFF RIGHTS
You agree to pay all amounts owed to us and to our affiliates on demand. You authorize us to administratively freeze or direct any third party bank holding the account to freeze all such accounts to allow us to protect our security interest, collection, charge and setoff rights as provided for in this section. Your failure to pay amounts owed to us or to our affiliates under this Agreement is a breach and you will be liable for any costs we incur during collection in addition to the amount you owe. Collection costs may include attorneys’ fees and expenses, costs of any arbitration or court proceeding, collection agency fees, any applicable interest, and any other related cost. Where possible, we will first attempt to collect or set-off amounts owed to us and to or affiliates from balances in your account from your use of the or from funds that we hold in reserve. However, we may collect any amounts you owe us under this Agreement by deducting or setting-off amounts that you owe from the account balance (or debiting the payout account for such account) for any account that we determine, acting reasonably, is associated with your account. Similarly, we may deduct or set-off amounts from your account balance in order to collect amounts owed to us in relation to such associated accounts.
In addition, by using the Services, you authorize us to recover funds from you in accordance with these Terms and any other agreement you have with us (“Recovery Authorizations.”). Recovery Authorizations include your authorization for us to debit, charge, setoff against and otherwise recover funds from any balance or reserve, any payment instrument, linked bank, depository and other account registered in your account, or any account that we determine, acting reasonably, is associated with your account.
Further, in the event that any attempt to recover funds from you should fail, Recovery Authorizations include your grant to us of new, original authorizations to recover all or less than all of the amount you owe us and/or belong to us. Recovery Authorizations include all authorizations to take the above steps without prior notice to you and irrespective of (i) whether we have made demand under these Terms or any other agreement you have with us; and (ii) whether the obligation is contingent, matured or unmatured. Recovery Authorizations include all authorizations to take the above steps in complete compliance with the policies of our payment processors and the National Automated Clearing House Association -The Electronic Payments Association Operating Rules and Guidelines (“NACHA Rules”). You agree that your grant of Recovery Authorizations to us has the same legal effect as if you had signed a paper containing the same terms.
STRIPE CONNECTED ACCOUNT AGREEMENT
Payment processing services for Business Owners on PocketSuite are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By agreeing to PocketSuite’s Terms of Service or continuing to operate as a Business Owner on PocketSuite, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of PocketSuite enabling payment processing services through Stripe, you agree to provide PocketSuite accurate and complete information about you and your business, and you authorize PocketSuite to share it and transaction information related to your use of the payment processing services provided by Stripe.
You acknowledge that all intellectual property rights, including copyrights, trademarks, trade secrets, and patents, in the Services and its contents, artwork, logos, graphics, video, text, documents, contracts, data and other materials, features, and functionality (collectively, the “Content”), are owned by Business Owners, the Company, its licensors, or other providers of such material. The Content is protected by U.S. and international intellectual property or proprietary rights laws. Neither this Agreement nor your access to the Services transfers to you any right, title, or interest in or to such intellectual property rights. All trademarks, logos, and service marks displayed on the Services are either the Company’s property or the property Business Owners or of third parties. You may not use such trademarks, logos, or service marks without the prior written consent of their respective owners. Subject to the terms and conditions of this Agreement, Business Owners hereby grant Company a perpetual, non-exclusive, non-transferable license to use the Content in connection with the Services.
You are solely responsible for your Content. Please consider carefully what you choose to share. Any Content you post on or through the Services will be considered non-confidential and non-proprietary. You assume all risks associated with the use of your Content. This includes any reliance on its accuracy, completeness, reliability, or appropriateness by other users and third parties, or any disclosure of your Content that personally identifies you or any third party. You agree that Company shall not be responsible or liable to any third party for any Content posted by you or any other user of the Services.
LIMITATION OF LIABILITY
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL THE COMPANY BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE APP, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall the Company’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE APP IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APP AND ANY SERVICES PERFORMED OR PROVIDED BY THE APP ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE APP AND ANY SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. THE COMPANY DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE APP, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE APP WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE APP OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE APP OR SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY THE COMPANY OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE APP OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
The laws of the State of California, excluding its conflicts of law rules, govern these Terms and your use of the App. Your use of the App may also be subject to other local, state, national, or international laws.