Terms of Use
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE ACCESSING THIS PLATFORM. These Terms of Use will govern your access and use of this website and all applications offered through the website or otherwise provided by the Company identified below (collectively, the “Platform”) and the services provided on the Platform (the “Services”). For the sake of clarity, the defined term “Platform” incorporates the term “Services” as defined herein and vice versa unless specifically stated otherwise in a provision. This Platform is operated by Pocketchange LLC. (“Company”), a business operating in the United States of America. These Terms of Use constitute a legal agreement between you, the individual or company using this Platform (the “User”) and Company regarding your use of the Platform. Company may be referred to herein by terms including us, we, our or other similar designations. User may be referred to herein by terms including you, your, yourself or other similar designations.
By browsing, downloading, installing, or otherwise accessing and using this Platform or the Services, you represent that you have read, understand, and agree to be bound by these Terms of Use, as updated from time to time. If you do not agree to these Terms of Use, do not access, or use this Platform or the Services (including setting up an account or utilizing the ‘guest checkout function’ or any other payment option). Your access to and use of the Platform and Services is subject to your continued compliance with these Terms of Use and all applicable laws.
Company may modify these Terms of Use at any time. It is your responsibility to continually monitor these Terms of Use and your compliance with these Terms of Use.
License and Access
Subject to your compliance with these Terms of Use, Company or its licensors or content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make use of the Platform and Services solely as a means to make your company known to potential clients or customers. This license does not include any resale or commercial use of the Platform or any of the Services or their content; any collection or use of any product listings, descriptions, or prices; any derivative use of any of the Platform, Services or their content; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data-gathering and extraction tools. All rights not expressly granted to you in these Terms of Use are reserved and retained by Company or its licensors and other content providers. None of the Platform or Services (or part thereof) may be reproduced, duplicated, copied, sold, resold, visited or otherwise exploited for any commercial purpose, without the prior express written consent of Company. You may not misuse the Service or Platform. You may use the Platform and Services only as permitted by law and these Terms of Use. The license granted by Company, or its licensors or content providers terminates if you do not comply with these Terms of Use.
Geographic Scope
This Platform is intended for use by users in the United States of America.
Reliance on Information
This Platform and the Services may include inaccuracies or typographical errors that may be corrected as they are discovered at Company ' sole discretion.
Third Parties’ Products, Content & Links (“Third Party Services”)
The Platform may provide access to certain third-party services as well as access to payment processing services provided by third parties (“Third Party Services”). You understand and agree that individuals, entities or objects may falsely or fraudulently make accounts to represent themselves as providers of Third Party Services and shall be included in any reference to providers of Third Party Services with respect to the disclaimers of liability, indemnity and other applicable sections of these Terms of Use that are intended to protect Company. Third Party Services are provided for convenience only. Company is not responsible for examining or evaluating, and does not warrant the offerings of, any of these businesses or individuals. Any information, data, opinions, recommendation, products, or services provided by such Third-Party Services, through links to other websites or otherwise made available through their sites, services or by any other means are solely those of such third parties and not of Company. Any terms, conditions, warranties, or representations included in the Third-Party Services are solely between you and the relevant providers of the Third-Party Services. You cannot rely on these Terms of Use and/or Company’s Privacy Policy to govern your use of a Third-Party Service providers website, applications, platform, services or destination or any aspect of your relationship with such Third-Party Service providers. These Terms of Use only apply to You and Company.
Company does not endorse, and expressly disclaims responsibility and liability for, Third Party Services or the providers of Third Party Services including with respect to the content, products and services provided by the Third-Party Services. Any interactions you have with the Third-Party Services are between you and the operator or owner of such Third-Party Services and you agree that Company is not liable for any damage or loss you may suffer because of any interactions with any such Third-Party Services or any claims that you may have against any such Third-Party Services or their owners or operators. You should carefully review their privacy statements and their terms and conditions of use. You hereby agree to indemnify, defend and hold harmless Company, Company’s affiliates, and the officers, directors, shareholders, members, managers, agents, representatives, attorneys, successors and assigns of each of the foregoing, from any and all actions, claims, demands, losses, damages, costs and expenses (including reasonable attorneys’ fees) arising in any way, directly or indirectly, out of your use of, or inability to use, Third Party Services or relating in any way to providers of Third Party Services.
Third Party Individuals
The Platform may provide access to certain potential clients or customers or other individuals (“Third Party Individuals”). You understand and agree that individuals, entities or objects may falsely or fraudulently make accounts to represent themselves as Third Party Individuals and shall be included in the definition of Third-Party Individuals with respect to the disclaimers of liability, indemnity and other applicable sections of these Terms of Use that are intended to protect Company. Information relating to Third Party Individuals is provided for convenience only. Company is not responsible for examining or evaluating, and does not warrant the accuracy of any information relating to such Third Party Individuals or any other matter relating to such Third Party Individuals. Any information, data, opinions, recommendation, products, or services provided by such Third-Party Individuals made available by any means whatsoever are solely those of such Third-Party Individuals and not of Company. Any terms, conditions, warranties, or representations provided by Third-Party Individuals are solely between you and the relevant Third-Party Individuals. You cannot rely on these Terms of Use and/or Company’s Privacy Policy to govern your relationship or communication with Third Party Individuals or their websites, applications, platforms, services or destination or any other aspect of your relationship with such Third-Party Individuals. These Terms of Use only apply to You and Company.
Company does not endorse, and expressly disclaims responsibility and liability for, Third Party Individuals including with respect to the content, information and opinions provided by the Third-Party Individuals. Any interactions you have with the Third-Party Individuals are between you and such Third-Party Individuals and you agree that Company is not liable for any damage or loss you may suffer because of any interactions with any such Third-Party Individuals or any claims that you may have against any such Third-Party Individuals. You should carefully review any applicable privacy statements and/or terms and conditions of provided or made available by such Third Party Individuals. You hereby agree to indemnify, defend and hold harmless Company, Company’s affiliates, and the officers, directors, shareholders, members, managers, agents, representatives, attorneys, successors and assigns of each of the foregoing, from any and all actions, claims, demands, losses, damages, costs and expenses (including reasonable attorneys’ fees) arising in any way, directly or indirectly, out of your relationship, communication or connection in any way whatsoever with a Third-Party Individual.
End User License Agreement (“EULA”)
This section applies exclusively to users who obtain access to the Platform and Services through a EULA entered into by a separate organization ("Licensee"). The Licensee may be an association, organization, or other entity that purchases subscriptions for its members or affiliated businesses (individually “Subscriber,” collectively "Subscribers").
Subscriber Liability: Each Subscriber utilizing the Platform and Services shall be individually and solely responsible for their use of the Platform and Services and shall be liable for any violations of these Terms of Use arising from their individual usage.
Payment Responsibility: The Licensee shall be solely responsible for all payments due under the EULA, including subscription fees and any applicable taxes.
Subscriber Account Management: Each Subscriber shall have full control and responsibility for the management of their individual use of the Platform and Services, including but not limited to Subscriber's profile, content, and settings. The Licensee's administrative rights shall be strictly limited to the initial purchase and subsequent renewal of the EULA. The only contact the Subscriber will receive from our team, outside of normal Platform and Services function, is an invitation to join the Platform and Services, and communication regarding the Platform and Services itself. Each Subscriber shall be solely responsible for maintaining the confidentiality and security of their account credentials, including usernames and passwords. Subscribers must implement robust security measures, including but not limited to, using strong, unique passwords, and promptly notifying the Platform provider of any unauthorized access or suspected security breaches. Each Subscriber agrees not to engage in any activity that: Violate any applicable laws or regulations; Infringe upon the intellectual property rights of the Platform provider or any third party; Introduce or transmits any malware, viruses, worms, Trojan horses, or other harmful code or software; Attempt to gain unauthorized access to any portion of the Platform or Services, or any other user's account; Disrupt or interfere with the operation of the Platform or Services; Attempt to reverse engineer, decompile, or disassemble any portion of the platform; and/or Use the platform for any activity outside of the intended purpose. Each Subscriber is responsible for the accuracy and integrity of any data they input or upload to the Platform. Each Subscriber will use the Platform and Services only for their intended use and will not use them for any illegal or unethical purposes.
Account Termination: Upon termination of the EULA, without a Subscriber individual purchase of services, all Subscriber accounts and access associated with that agreement will be terminated.
Licensee Termination: If the Licensee fails to remit payment for the bulk subscription, the Subscriber accounts and access associated with that EULA shall be disabled until payment is received. The accounts will remain within the system but will be non-functional.
Subscriber Termination: Each Subscriber shall retain the right to terminate their individual account at any time, regardless of the status of the EULA. Upon a subscriber's termination, that subscriber's access to the Platform and Services will be terminated, regardless of the status of the bulk purchase.
Upon termination of the EULA, without a Subscriber individual purchase of services, all Subscriber accounts associated with that agreement will be terminated.
User Generated Content
If and to the extent that Company elects to accept user generated material, you may have the opportunity to publish, transmit, submit, or otherwise post reviews, ratings, comments, feedback, or other materials on the Platform (“User Generated Content”) that may be accessible and viewable by the public.
With respect to User Generated Content posted by you, you represent that (i) you created and own the rights to the content or you have the owner’s express permission to post such content, and (ii) the content does not infringe any other person’s or entity’s rights (including, without limitation, copyrights, trademarks or privacy rights) or violate any applicable laws, rules or regulations, these Terms of Use or any of our other posted policies.
User Generated Content must not:
Contain any material which is false, defamatory, libelous, obscene, harassing, threatening, discriminatory, bigoted, hateful, violent, vulgar, profane, pornographic, or otherwise offensive, inappropriate, damaging, unlawful, disruptive, or harmful.
Violate Company’s or any other entity’s or person’s legal rights (including the rights of publicity and privacy), contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or otherwise promote, advocate, or assist any illegal activity or unlawful act.
Create or threaten harm to any person or loss or damage to any property.
Include your or other peoples’ personal information, such as another person’s address, phone number, e-mail address, social security number, credit card number, medical information, financial information, or any other information that may be used to track, contact, or impersonate that individual.
Infringe any patent, trademark, trade secret, copyright, contract or other intellectual property or other proprietary rights of Company or any other person.
Seek to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
Misrepresent your identity or affiliation with any person or organization, including Company.
Seek to collect other users’ e-mail addresses and/or their usernames or passwords for their accounts or other services by electronic or other means for any purpose, including to send unsolicited e-mail or other electronic communications.
Seek to collect other users’ e-mail addresses and/or their usernames or passwords for their accounts or other services by electronic or other means for any purpose, including to send unsolicited e-mail or other electronic communications.
Seek to transmit chain letters, bulk, or junk e-mail, whether automated or not, or interfere with, disrupt, or create an undue burden on Company or the networks or services connected to the Platform or install or attempt to install or promote spyware, malware or other computer code on our computers or equipment or the computers or equipment of third parties; or
Involve commercial activities such as contests, sweepstakes and/or other sales promotions, barter, advertising or offers of sale or purchase of goods and services; or
Be otherwise objectionable or non-family friendly as determined by Company at its sole discretion.
We do not claim ownership to User Generated Content. However, by posting User Generated Content, you irrevocably grant us and our assigns, agents and licensees and other users a worldwide, nonexclusive, irrevocable, royalty-free, fully paid license under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights you own or control to: (i) use, reproduce, transmit, modify, index, adapt, publish, translate, create derivative works from, distribute, display and otherwise exploit such content throughout the world in any media, whether now known or hereafter invented, including for any and all purposes, including commercial or marketing purposes, all without further notice to you, with or without attribution, and without the requirement of any permission from or payment to you or any other person or entity, and (ii) to use your name, persona or likeness alone or in connection with such uses, without any obligation or remuneration to you. Without limitation, the granted rights include the right to: (a) configure, host, index, cache, archive, store, digitize, compress, optimize, modify, reformat, edit, adapt, publish in searchable format, and remove such User Generated Content and combine same with other materials, and (b) use any ideas, concepts, know-how, or techniques contained in any User Generated Content for any purposes whatsoever, including developing, manufacturing, and marketing products and/or services. Except as prohibited by law, you hereby waive, and you agree to waive, any moral rights (including attribution and integrity) that you may have in any User Generated Content, even if it is altered or changed in a manner not agreeable to you. To the extent not waivable, you irrevocably agree not to exercise such rights (if any) in a manner that interferes with any exercise of the granted rights. You understand that you will not receive any fees, sums, consideration, or remuneration for any of the rights granted in this Section. You agree to pay all royalties, fees and other monies owing to any person or entity by reason of the User Generated Content that you post on the Platform.
We may refuse, alter, or remove a User Generated Content without notice for any reason at Company’s sole discretion, including our belief that a User Generated Content may violate these Terms of Use or be otherwise objectionable. If and to the extent that we elect to accept User Generated Content, we have the right, but not the obligation, to monitor, review, screen, post, remove, reject, modify, and store all User Generated Content posted on the Platform, at any time and for any reason, without notice, including to ensure that all such User Generated Content complies with these Terms of Use. We do not endorse any User Generated Content and the User Generated Content posted does not reflect our opinions, views, or advice. You are solely responsible for your User Generated Content and the consequences of posting and publishing it and you agree that we are acting only as a passive conduit for your online distribution and publication of your User Generated Content. We take no responsibility and assume no liability for any User Generated Content that you or any other user or third-party posts or sends on or through the Platform, nor do we assume any liability for any action or inaction regarding transmissions, communications or content provided by any user or third party.
We reserve the right, but have no obligation, to monitor or to take any action regarding disputes between you and any other user and shall have no liability for your interactions or any disputes with other users or for any user’s action or inaction. You are solely responsible for your conduct on the Platform and your interactions with other users.
Notwithstanding our rules about User Generated Content, you may be exposed to content on the Platform that is inaccurate, objectionable, inappropriate for children or otherwise unsuited to your purpose or in violation of our Terms. We take no responsibility and expressly disclaim any liability related in any way to your exposure to User Generated Content on the Platform, whether it violates these Terms of Use or not.
If and to the extent that we elect to accept User Generated Content it may be made publicly available by Company as it deems necessary and/or appropriate, please carefully choose the information you post on the Platform and that you give to other users. You are discouraged from publicly posting your full name, telephone number, street address, e-mail address or other information that identifies you or allows strangers to find you or to steal your identity. You assume all risks associated with dealing with other users with whom you come in contact through the Platform or Services. To the extent that the law permits, you agree to indemnify, defend, hold harmless and release Company, Company’s affiliates, and the officers, directors, shareholders, members, managers, agents, representatives, attorneys, successors and assigns of each of the foregoing, from any claims or liability related to any User Generated Content posted on the Platform or through the Services and from any claims related to the conduct of any other users.
Changes to the Services.
To the extent allowed under applicable laws and regulations, we may change the Service and Platform at any time and without notice to you. Changes may be made at any time to the information, names, text, software, images, pictures, games, logos, trademarks, functionalities, products, vendors, store fronts, Third Party Services and all other services and any other material displayed on, offered through, or contained within the Services or Platform.
Age of Majority
You may only use this Platform and Services if you are the age of majority in the jurisdiction in which you reside. To register for an account, purchase products or services via the Platform or Services, subscribe to receive any User Generated Content or other marketing or promotional material from us (in any form and via any media), you must be 18 years of age or over.
Accounts
You may create an account by providing us with your name, business information, e-mail address and any additional information we require at the time of registering for such account (an “Account”). To learn more about how we collect and use your information, please see our Privacy Policy.
By creating an Account, you agree: (a) that you are able to and have the appropriate authority and authorization to create a binding agreement with Company; (b) provide true, accurate, current and complete information about yourself when we request it; (c) maintain and promptly update this information to keep it true, accurate, current and complete to the extent the Service permit such updates; and (d) use limited-access portions of the Platform only using access credentials that we have issued to you. Company reserves the right to refuse service, to terminate Accounts, to remove or edit content, and to cancel subscriptions, in its sole discretion. If you have previously had your access to or use of the Platform terminated by us, you may not access or use the Platform under any circumstances. You should never share your Account information with third parties or allow third parties to use your Account. Please keep your password confidential and be sure to exit from your Account at the end of each session. You are responsible for all activity on your Account, including the use of your Account by other people who you may or may not authorize to use your Account. Your Account is individual to you and must not be shared with other individuals or third parties. You must notify us immediately of any breach of security or unauthorized use of your Account by contacting us at support@pocketchange.us. Even if you notify us, you will be responsible for any activities that occur using your access credentials, including any charges resulting from the use of your Account. Company will not be liable for any losses caused by any unauthorized use of your Account.
Company reserves the right, in its sole discretion, to terminate your access to the Platform or any portion thereof at any time, without notice. If you request termination of your access to the Platform, please allow five (5) business days for such termination to be performed. Following termination, you will not receive any further marketing communications from us unless and until you re-register for marketing communications. Our rights under these Terms of Use will expressly survive termination of these Terms of Use, the cessation of your use of or access to the Platform.
Disclaimer of Warranties
THE SERVICES, PLATFORM, AND ALL INFORMATION, USER GENERATED CONTENT, MATERIALS, PRODUCTS AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES AND PLATFORM ARE PROVIDED BY COMPANY ON AN "AS IS" AND "AS AVAILABLE" BASIS. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICES, PLATFORM, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES, OR PLATFORM. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK.
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. COMPANY DOES NOT WARRANT THAT THE SERVICE, PLATFORM, INFORMATION, USER GENERATED CONTENT, MATERIALS, OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES, PLATFORM, COMPANY’S SERVERS, OR OTHER ELECTRONIC COMMUNICATIONS SENT FROM COMPANY ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Indemnity
You agree to indemnify and hold harmless Company, Company’s affiliates and the officers, directors, shareholders, members, managers, agents, representatives, attorneys, successors and assigns of each of the foregoing from and against all claims, liability, damages and expenses, including without limitation all legal fees and costs arising from or relating to (a) your breach of these Terms of Use; and (b) your use of the Services or Platform; (c) any claims brought by Third Party Individuals or any other parties who have used the Platform or Services that are in any way, directly, or indirectly related to you, and (d) any claim or allegation that any content provided by you to Company, including testimonials, infringe the intellectual property or other rights of any third party or applicable laws.
Limitation of Liability
THE PROVIDERS WHOSE THIRD-PARTY PRODUCTS AND SERVICES ARE AVAILABLE ON THE PLATFORM AND SERVICES ARE IN NO WAY AFFILIATED WITH OR ENDORSED BY THE COMPANY, ARE NOT VETTED, RESEARCHED, BACKGROUND CHECKED, OR CONFIRMED TO BE REAL ENTITIES BY COMPANY, AND ARE NOT AGENTS OR EMPLOYEES OF COMPANY. YOU ARE SOLELY RESPONSIBLE FOR CONFIRMING THE VALIDITY OF SUCH PROVIDERS OF THIRD-PARTY PRODUCTS AND SERVICES. COMPANY IS NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY SUCH PROVIDERS OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE OR OTHER DAMAGE OR EXPENSES RESULTING, DIRECTLY OR INDIRECTLY, FROM SUCH PROVIDERS OR THIRD-PARTY PRODUCTS AND/OR SERVICES.
THE THIRD-PARTY INDIVIDUALS AVAILABLE ON THE PLATFORM AND SERVICES ARE IN NO WAY AFFILIATED WITH OR ENDORSED BY THE COMPANY, ARE NOT VETTED, RESEARCHED, BACKGROUND CHECKED, OR CONFIRMED TO BE REAL INDIVIDUALS BY COMPANY, AND ARE NOT AGENTS OR EMPLOYEES OF COMPANY. YOU ARE SOLELY RESPONSIBLE FOR CONFIRMING THE VALIDITY AND REALITY OF SUCH THIRD-PARTY INDIVIDUALS. COMPANY IS NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY SUCH THIRD-PARTY INDIVIDUALS OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE OR OTHER DAMAGE OR EXPENSES RESULTING, DIRECTLY OR INDIRECTLY, FROM SUCH THIRD-PARTY INDIVIDUALS OR ANY ENTITY OR OTHER OBJECT CLAIMING TO BE OR IMITATING A THIRD-PARTY INDIVIDUAL.
TO THE EXTENT PERMITTED BY LAW, COMPANY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY OF THE SERVICES, PLATFORM OR FROM ANY INFORMATION, CONTENT, MATERIALS, VIRUSES, PROVIDERS, IMPOSTERS, FRAUDULENT INDIVIDUALS, BAD ACTORS, PRODUCTS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY OF THE SERVICES OR PLATFORM, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, GOODWILL OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SERVICES OR PLATFORM, THE DELAY OR INABILITY TO USE THE SERVICES OR PLATFORM, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES OR PLATFORM AND/OR FUNCTIONALITY OF THE SERVICES OR PLATFORM, OR FOR ANY CONTENT, PRODUCTS OR SERVICES OBTAINED OR PURCHASED THROUGH THE SERVICES OR PLATFORM, OR INFORMATION OR DATA PROVIDED BY THIRD PARTY INDIVIDUALS OR OTHERWISE ARISING OUT OF THE USE OF THE PLATFORM OR SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF COMPANY AND/OR ANY OF ITS AFFILIATES, LICENSORS, LICENSEES, SUCCESSORS OR ASSIGNS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL COMPANY’S TOTAL CUMULATIVE LIABILITY UNDER THESE TERMS OF USE OR IN ANY WAY RELATED TO THE PROVISION OF THE SERVICES OR THE PLATFORM EXCEED FIFTY DOLLARS ($50.00). IN STATES AND JURISDICTIONS IN WHICH LIMITATIONS OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES ARE PROHIBITED, SUCH LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED.
COMPANY PROHIBITS USE OF THE PLATFORM OR SERVICES OUTSIDE OF THE UNITED STATES AND SUCH USE SHALL BE CONSIDERED A BREACH OF THESE TERMS OF USE. COMPANY MAKES NO REPRESENTATION THAT THE SERVICES ARE APPROPRIATE OR AVAILABLE FOR USE AT LOCATIONS OUTSIDE OF THE UNITED STATES. ACCESS TO THE PROPERTIES FROM TERRITORIES WHERE SUCH SERVICES ARE ILLEGAL IS STRICTLY PROHIBITED. IF YOU ACCESS THE PROPERTIES FROM A LOCATION OUTSIDE OF THE UNITED STATES, YOU ARE SOLELY RESPONSIBLE FOR COMPLIANCE WITH ALL LOCAL AND OTHER APPLICABLE LAWS.
Disputes
We each agree that any dispute resolution will be conducted only on an individual basis and not in a class, consolidated, or representative action. If a claim proceeds in court, we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION AS WELL.
Applicable Law
By using any of the Services, you agree that applicable federal law, and the state law of the State of Wisconsin without regard to its principles of conflict of laws, will govern these Terms of Use and any dispute that might arise between you and Company.
Other Policies; Modification; Severability
Please review any other Company policies posted on this Platform from time to time. These policies also apply to your use of the Service and Platform. Company reserves the right to make changes to our Platform, Services, our policies, and these Terms and Conditions of Use at any time. If any one of these policies, terms or conditions should be deemed to be invalid, void, or for any reason unenforceable, that policy, term, or condition shall be deemed severable and shall not affect the validity and enforceability of any remaining policy, term, or condition.
Changes to the Terms of Use
Company may at any time modify these Terms of Use. Company will make available the updated Terms of Use on this Platform. Your access or use of this Platform or Services following such posting will be deemed to be acceptance of such modified Terms of Use. If you do not agree to any such modifications, you must immediately cease accessing and using this Platform and the Services. You acknowledge and agree that it is your responsibility to review the Terms of Use each time you access this Platform and the Services.
Termination
Company may at any time terminate your right to access this Platform or Services without notice to you.
Pricing
Access to and use of the Platform is free for all vendors and businesses. No subscription fees apply, and no payment method is required to maintain access. Company may introduce optional paid features or services in the future; however, any such offerings will be entirely optional, and you will receive reasonable notice before any charges apply. Company also reserves the right to modify its pricing structure at any time, with notice provided prior to the effective date of any changes.
Entire Agreement
These Terms of Use constitute the entire agreement between you and Company with respect to your use of the Service and will supersede all previous agreements, understandings and representations relating thereto.
How to Contact Company
You may contact Company at: support@pocketchange.us
Subscription Terms
Certain features of the Platform are available through a paid, automatically renewing subscription ("Subscription"). By purchasing or using a Subscription, you agree to the following:
1. Billing and Duration
Subscriptions are offered on a recurring basis (such as monthly or yearly). The exact duration, price, and terms of each Subscription plan are clearly displayed at the time of purchase within the Platform.
2. Automatic Renewal
Subscriptions renew automatically at the end of each billing period unless you cancel at least 24 hours before the current period ends. Your account will be charged for the renewal at the applicable rate within 24 hours prior to the end of the current billing period.
3. Payment and Charging
Payment for the Subscription is processed through the payment method associated with your account on the platform where the purchase is made (e.g., App Store, Google Play, or other authorized payment provider). By purchasing a Subscription, you authorize the applicable payment provider to charge all Subscription fees, including renewal fees.
4. Managing and Canceling
You may manage, modify, or cancel your Subscription through the account settings of the payment provider used for the purchase (such as Apple ID Subscriptions or Google Play Subscriptions). Canceling the Subscription will take effect at the end of the current billing period.
5. No Refunds for Partial Periods
Except where required by law, Subscription payments are non-refundable. We do not provide refunds or credits for partially used billing periods, downgrades, or unused features.
6. Access After Cancellation
If you cancel your Subscription, you will retain access to Subscription features until the end of the current billing period. After the billing period ends, your access to premium features will be removed.
7. Restore Purchases
If you reinstall the Platform or switch devices, you may restore an active Subscription by using the "Restore Purchases" option (if available) or by signing in with the same account that originally made the purchase.
8. Changes to Subscription Features or Pricing
We may update or modify Subscription features, pricing, or terms in the future. Any changes to pricing will be communicated to you in advance and will not take effect without confirmation through the payment provider's interface when required.