Terms of Use

WELCOME TO WWW.POCKETGUARD.COM (TOGETHER WITH ITS SUBDOMAINS, CONTENT, AND MARKS, THE “Website”). PLEASE READ CAREFULLY THE FOLLOWING TERMS OF USE (THE “Terms”) BEFORE USING THE SITE OR THE SERVICE (DEFINED BELOW) SO THAT YOU ARE AWARE OF YOUR LEGAL RIGHTS AND OBLIGATIONS TO PocketGuard, Inc. (“PocketGuard”, “We”, “Our” OR “Us”). BY USING THE SITE AND/OR SERVICE, OR IN ANY EVENT, BY REGISTERING AS A USER WITH THE SERVICE, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE WITH THESE TERMS, YOU MAY NOT USE THE SITE OR SERVICE. Unless the Site or Service is separately referred to in these Terms, all references herein to the “Services” shall include both the Site and the Service.

Modification.

PocketGuard may change these Terms at any time by posting the changes on the Website and will use reasonable efforts to notify you of the changes. Such change will be effective immediately following the posting of the revised Terms and your continued use of the Services after we have posted changes to these Terms means that you agree to be bound by the changes, so please check the Terms posted on our Website regularly for any changes.

The Service.

PocketGuard service is a personal finance information management service that allows you to consolidate and track your financial information (hereinafter the “Service”). The Service is available online through the Website (and also through our software mobile application). The Service performs periodic scans of statements for credit card accounts, bank accounts, and other financial accounts specified by the user (the “User Accounts”) to monitor for potentially unwanted and unauthorized charges such as hidden fees, billing errors, forgotten subscriptions, scams, and fraud. PocketGuard’s paid Service PocketGuard Plus includes access to the feature Cancel Unwanted Subscriptions, which provides you the information on how you can cancel your subscriptions with third-party providers by yourself. You understand and agree that we may offer you recommendations for canceling subscriptions based on the User Accounts data. Cancel Unwanted Subscriptions does not include our participation in the unsubscribe process, or interaction with third-party providers on your behalf, we do not act as your agent or another authorized representative.

PocketGuard enables your financial advisors (referred to as the “Advisor”) to access your data by creating an account and sending you an invitation link designated by PocketGuard. By accepting the invitation link and registering the account, you grant permission to the Advisor to read, view, analyze, and edit your personal financial information and User Accounts data within your PocketGuard account. However, it’s important to note that the Advisor’s ability to edit your financial data is limited to certain aspects and excludes any manipulation of connected bank accounts. The use of PocketGuard’s services by the Advisor is solely for internal business purposes, with the primary objective of servicing and assisting you with your financial needs.

All added clients and their PocketGuard profiles automatically receive a PocketGuard premium account free of charge for the entire period of the advisor-client relationship. As long as the advisor-client relationship is active, the client’s PocketGuard account will remain on premium status. If the connection between the client and the advisor is broken, the client’s account will revert to the basic status, except if the client was already on a subscription to PocketGuard Plus before the advisor invited them.

We enter a separate contract with Advisor which regulates Advisor’s use of Services. You shall have a separate contract with the Advisor which regulates the Advisor’s use of your personal financial information and User Accounts data.

PocketGuard provides the Service as a tool to assist you in monitoring your User Accounts; however, PocketGuard makes no guarantees that every questionable transaction will be identified. You understand and agree that PocketGuard is not responsible for the truthfulness of the information provided when you use Cancel Unwanted Subscriptions and do not warrant a successful result if you follow such information. You understand and agree that any instructions to Cancel Unwanted Subscriptions are provided for informational purposes. We strongly recommend you read the terms and conditions and privacy policy of each third-party provider with whom you wish to cancel the subscription.

Our Service is not intended to provide any tax, legal, financial planning, insurance, accounting, investment, or any other kind of professional advice or services, and nothing on this website should be construed as an offer to sell, a solicitation of an offer to buy, or a recommendation for any purchase decision, security, insurance policy, or investment strategy. To make sure that any information or suggestions on this site fit your particular circumstances, you should consult with an appropriate tax or legal professional before taking action based on any suggestions or information on this site. Unless otherwise specified, you alone are solely responsible for determining whether any financial or insurance strategy, product, or service, is appropriate or suitable for you based on your investment objectives and personal and financial situation.

Advisor’s access to or use of Services is not an endorsement of that financial advisor by us or a guarantee of that financial advisor’s identity, quality, or availability. You should verify the accuracy of any information you obtain from the Advisor before using such information. You agree to be solely responsible for your use of Services and any information available through Services.

Without limiting the foregoing, no product or service offered or set forth on this website, nor any analysis, commentary, or otherwise (whether oral or written), provided in conjunction with the foregoing or our Services shall be deemed to constitute: (1) financial planning or investment advice under applicable state or federal law; or (2) any sort of transaction in securities for the account of others, including, but not limited to, any solicitation, negotiation or execution of the transaction. Neither we nor any of our representatives, sublicensees, or assigns shall be responsible for any purchases you make after using our Services tools and features to analyze your decision, investment decisions, or third-party damages or losses resulting from the use of such product(s) or service(s) or any information provided in conjunction with same. You also understand and agree that we are not (1) an “investment adviser” as such term is defined in the federal Investment Advisers Act of 1940, (2) a “broker”, or (3) a “dealer”, as such terms are defined under the federal Securities Exchange Act of 1934; or (4) any form of financial planning advisory service. We do not hold ourselves out in any communications as financial planners, investment advisers, brokers, or dealers.

Your Use of the Service.

General. You agree to the following in connection with your use of the Services:

You may not use the Services if you are under 18 years old or otherwise do not have the legal capacity to form a binding contract.

You agree to abide by all applicable laws, regulations, and rules in connection with your use of the Services.

You agree that you are solely responsible for all acts or omissions associated with your access and use of the Services and the access and use of the Services by anyone on your behalf.

In connection with your use of the Services, you will not:

• breach these Terms or any other applicable rules and instructions that PocketGuard may convey with respect to the use of the Services;
• interfere with, disrupt, circumvent, or manipulate the functionality or operation of the Services;
• send automated or machine-generated search queries or use robots, crawlers or similar applications to collect or compile content from the Services;
• display the Services or any part thereof in an exposed or concealed frame, or link to elements on the Services, such as images and videos, independently from the web pages on which they originally appear; and/or
• impersonate any person or entity, or make any false statement pertaining to your identity.

In connection with your use of the Services, you will not post, disseminate, transmit, or otherwise communicate through, or to the Services, or make available any User Submissions (defined below) or content on the Services, or when using the Services or any of the services therein, content which may reasonably be deemed as:

• Infringing or violating intellectual property rights of other parties, including patents, copyrights, trade secrets, and trademarks;
• identifying minors, their personal details or their address, and ways to contact them;
• software viruses, trojan horses, worms, vandals, spyware, and any other malicious code;
• encouraging, supporting, assisting, providing instructions, or advising in the committing of a criminal offense, under the applicable laws;
• constituting a violation of a person’s right to privacy or right to publicity;
• prohibited by any applicable law, including court restraining orders, to be posted, published, disseminated, or otherwise made available to the public;
• threatening, abusive, harassing, defamatory, libelous, vulgar, obscene or racially, ethnically, or otherwise objectionable; and/or
• unsolicited commercial communications (‘spam’), chain letters, or pyramid schemes.

PocketGuard is intended only for users in the United States, Canada, and the United Kingdom of Great Britain. Any use of PocketGuard is subject to our new Terms and Privacy Policy.

Access Removal or Block.

PocketGuard may remove or block access to the Services, or any part thereof, for any reason that PocketGuard may consider to be justified in its sole discretion including, but not limited to:

• to prevent misuse of the Services;
• when PocketGuard deems the use of the Services to be in breach of these Terms or a violation of any applicable law; or
• when your user account is terminated, either by yourself or by PocketGuard.

Access to Content.

PocketGuard may also remove or block access to some of the information made available through the Services after a certain period of time. Consequently, you may not find content that you previously had access to through the Services. The Services do not operate as an archive or file storage service and you are solely responsible for the backup of your content.

Registration and User account.

BY REGISTERING AND USING THE SERVICES YOU REPRESENT AND WARRANT THAT YOU ARE 18 YEARS OF AGE OR OLDER.

When you register with the Services, PocketGuard will ask you to provide certain contact and personal details. Bear in mind that false, incorrect, or outdated information may prevent you from registering and impair PocketGuard’s ability to provide you with the Services or to contact you. PocketGuard will explicitly indicate the fields that are mandatory to complete. If you do not enter the requisite data in these fields, you will not be able to register. You agree we may use such information in accordance with our Privacy Policy.

When registering an account with PocketGuard, you have two distinct registration methods: 1) As part of our user identity verification process, you are required to provide your email and password, along with your phone number. PocketGuard will send a verification code to your specified phone number, and you must enter the received code within the application. Access to the product is granted upon successful verification of the code. 2) Alternatively, you have the option to streamline your registration process by using your Apple, Google, or LinkedIn account for authentication. To log in, you must use your email address and password or also use your Apple, Google, or LinkedIn account for authentication. Alternatively, PocketGuard may provide you with a password for accessing your Service account on the Website. PocketGuard may also establish and require from time to time additional or different means of identification and authentication for logging in and accessing your account, or for accessing certain services on the Services.

You agree to maintain your login details in absolute confidentiality and refrain from disclosing them to others. Make sure that you change your password frequently and at least once every three months. You are fully accountable for any outcome that may result from your failure to provide true, accurate and complete details in the course of the registration process, and for any use or misuse of your account on the Services as a result of compromising your details or conveying them to someone else or not keeping them secure and confidential. For our compliance purposes and in order to provide the Services to you, you hereby authorize us (or our third-party service providers) to obtain, verify, and record information and documentation that helps us verify your identity and bank account details. When you create your PocketGuard Account and from time to time thereafter, we may require you to and you hereby agree to provide and/or confirm information and documentation that will allow us to identify you, such as:

• A copy of your government-issued photo ID, such as a passport or driver’s license;
• A copy of a utility bill, bank statement, affidavit, or another bill, dated within 3 months of our request, with your name and U.S. street address on it; and
• Such other information and documentation that we may require from time to time.

It’s important that you provide us with accurate, complete, and up-to-date information for your PocketGuard Account and your bank account, and you agree to update such information, as needed, to keep it accurate, complete, and up-to-date. If you don’t, we might have to suspend or terminate your PocketGuard Account.

You may remove or block Advisor’s access to your data by contacting PocketGuard by email at [email protected]. You may terminate your account at any time, by using PocketGuard’s designated termination form on PocketGuard’s Settings page or by contacting PocketGuard by email at: [email protected]. PocketGuard may require you to verify your termination notice by sending PocketGuard an additional termination request message, either by e-mail or through any other means, as a prerequisite for the termination of your account. Your account on the Services will be terminated within 10 days following your notification, and from that date of termination, you will no longer be able to access your account.

Privacy and your Personal Information.

You can view PocketGuard’s privacy statement here and on the Site for the Services. You agree to the applicable PocketGuard privacy statement, and any changes published by PocketGuard. You agree that PocketGuard may use and maintain your data according to PocketGuard’s privacy statement, as part of the Services. You give PocketGuard permission to combine information you enter or upload for the Services with that of other users of the Services and/or other PocketGuard services. For example, this means that PocketGuard may use your and other users’ non-identifiable, aggregated data to improve the Services or to design promotions. PocketGuard may access or store personal information in multiple countries, including countries outside of your own country to the extent permitted by applicable law.

Account termination.

Notwithstanding any remedies that may be available to PocketGuard under any applicable law, PocketGuard may temporarily or permanently deny, limit, suspend, or terminate your user account, prohibit you from accessing the Services (or any part thereof), remove content and take technical and legal measures to keep you off the Services if PocketGuard believes that:

• you have abused your rights to use the Services; or
• you have breached the Terms; or
• you have performed any act or omission that violates any applicable law, rules, or regulations; or,
• you have performed any act or omission which is harmful or likely to be harmful to PocketGuard, or any other third party, including other users and providers of the Services; or,
• you conveyed your password to another person; or

Except in cases where your continued use of the Services may expose PocketGuard or any third party to risk or harm, PocketGuard will reasonably attempt to receive your response and give you prior notice, when applicable, prior to taking the above actions.

Refunds.

Unless otherwise expressly specified in these Terms, if you cancel your Subscription prior to its expiration, during 14 calendar days from the date of Subscription purchase you may request a refund of amounts you prepaid directly, if any, on a pro-rata basis, less any applicable fees, unless provided otherwise in any offer for Services that you accept. To request a refund please contact us at [email protected]. PocketGuard will refund the prepaid fees (if any) within 30 days after the date of cancelation.

PocketGuard will only send refunds to the source from which payment was made. You may be required to provide additional information or documentation in order for PocketGuard to confirm your identity before any refund request will be processed. PocketGuard shall not provide a refund if you breach these Terms.

It is entirely your responsibility to ensure that you cancel your account in good time should you no longer require Services and not wish to be billed further.

Links to Other Sites.

The Service may contain links to content on other websites that are not owned or controlled by PocketGuard (each a “Third Party Site”) and may also permit you to post content to Third Party Sites. We are not affiliated with, have no control over, and assume no responsibility for the content, privacy policies, or practices of, any Third Party Site. You may find the Third Party Sites or the information and content posted therein not compatible with your requirements, or you may object to their content, or find such content to be annoying, improper, unlawful or immoral. You: (i) are solely responsible and liable for your use of and linking to Third Party Sites and any content that you may send or post to a Third Party Site; and (ii) expressly release us from any and all liability arising from your use of any Third Party Site. We encourage you to read the terms and conditions and privacy policy of each Third Party Site that you choose to visit or interact with.

Services from Third Party Websites.

PockedGuard may use the services of the Third Party Websites (for example, BILLSHARK) additionally. PockedGuard has no control over and assumes no responsibility for the payment, terms of services, privacy policies, or practices of, any Third Party Website. We strongly recommend you read the terms and conditions and privacy policy of each Third Party Website.

Pass-Through Requirements

PocketGuard may use services of certain third parties that may require additional pass-through terms such as the Salt Edge Terms of Service. PocketGuard agrees to include and abide by such terms as part of these Terms.

We encourage you to read the Salt Edge Terms of Service.

Paid services.

You have the option to subscribe to PocketGuard’s paid service, known as PocketGuard Plus. Upon purchasing a subscription to PocketGuard Plus, you will receive a PocketGuard premium account with all the associated benefits and features. All paid subscriptions automatically renew for the period and price that you signed up for. You may cancel auto-renewal to avoid recurring charges, but you must act at least 1 day (24 hours) before the next renewal date. If you purchased the subscription via iTunes or Google Play, additional terms may be applied.

Lifetime Subscription.

Lifetime Subscription means that for a single payment, you get unlimited access to PocketGuard’s paid service — PocketGuard Plus, with free updates or other benefits as Services evolve.

Lifetime Subscription is for the lifetime of Services. If for any reason, PocketGuard should dissolve or cease to exist, then your access to Services terminates.

You may request a refund of the Lifetime Subscription fees as set forth in the section Refunds of these Terms.

Privacy.

PocketGuard respects your privacy. PocketGuard’s Privacy Policy explains PocketGuard’s privacy practices with respect to any personal information collected in connection with your use of the Services and is incorporated by reference to the Terms.

Correction of Errors.

PocketGuard makes an effort to ensure the reliability of the information that appears in PocketGuard’s Services. However, errors may occur. If you believe that any information sent or published by PocketGuard on the Services is erroneous, please inform PocketGuard at [email protected].

Intellectual Property.

Content and Marks. All rights, title and interest in and to the: (i) Services and any part thereof; (ii) text, documents, articles, brochures, descriptions, graphics, photos, sounds, videos and interactive features on the Services (collectively, the “Materials”), (ii) the Services’ products, services and Software (collectively, “Software”); (iii) User Submissions (as defined below and together with the Materials and Software, the “Content”), and (iv) the trademarks, service marks and logos contained therein (“Marks”), including patents, copyrights, trademarks, trade names, service marks, trade secrets and other intellectual property rights, and any goodwill associated therewith, are the property of and are owned by PocketGuard or its licensors, and may be protected by applicable copyright or other intellectual property laws and treaties. Except as expressly set forth herein, nothing in these Terms shall be construed as transferring any rights to you or any third party. PocketGuard, and its licensors, reserve any and all rights not expressly granted in these Terms.

Use of the Services and Content.

Unless expressly permitted in these Terms, you may not copy, distribute, display or perform publicly, sublicense, decompile, disassemble, reduce to human readable form, execute publicly, make available to the public, adapt, make commercial use, process, compile, translate, sell, lend, rent, reverse engineer, combine with other software, modify or create derivative works of the Services or Content or any portion thereof, either by yourself or by a third party on your behalf, in any way or by any means, including, but not limited to electronic, mechanical or optical means. Content on the Services is provided to you on an ‘as is’ and ‘as available’ basis for your information and personal use only. If you use or print a copy of the Content you must retain all copyright and other proprietary notices contained therein.

Use of Marks.

You may not adapt or use otherwise any name, mark or logo that is identical, or confusingly similar to the trademarks, services marks and logos of PocketGuard and other providers of the Services. You must avoid any action or omission which may dilute, or tarnish PocketGuard’s goodwill. “PocketGuard”, the PocketGuard logo, and other marks are Marks of PocketGuard or its affiliates. All other trademarks, service marks, and logos used on the Services are the trademarks, service marks, or logos of their respective owners.

Proprietary Notices.

You agree to abide by all messages and signs pertaining to proprietary rights, such as — Copyright mark [©] or Trademark [^® or ™] accompanying the Services and any content provided through the Services. You agree to retain and avoid distorting such signs and notices in any copy thereof.

User Submissions.

Responsibility. The Services may permit the submission, hosting, sharing and publishing of Materials by you and other users (“User Submissions”). You understand that whether or not such User Submissions are published, we do not guarantee any confidentiality with respect to any User Submissions. You shall be solely responsible for your User Submissions and the consequences of posting, publishing or uploading them. We have complete discretion whether to publish your User Submissions and we reserve the right in our sole discretion and without further notice to you, to monitor, censor, edit, remove, delete, and/or remove any and all Content posted on the Website (including User Submissions) at any time and for any reason.

User Account Information.

Any information that we collect in connection with your User Account, including any login credentials (collectively “User Account Information”), is not considered a User Submission. We keep your User Account Information confidential and will only use it in accordance with our Privacy Policy.

License to User Submissions.

By uploading Materials to the Website, including any and all communications that you make with other users on or through the Website, you grant PocketGuard a royalty-free, worldwide, non-exclusive, perpetual, irrevocable, transferable license, to copy, distribute, display publicly, make available to the public, adapt, sub-license, process and translate such content, combine such content with or incorporate such content into other content and modify and create derivative works of such content; in each case in connection with PocketGuard’s operation of the Website and Service, and in PocketGuard’s other media platforms, applications and services. You further waive all moral rights and rights of attribution with respect to the use of your User Submissions. You also hereby grant each user of the Website or other viewer or user of the User Submission a non-exclusive right to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions, all in accordance with these Terms.

Ownership.

You represent and warrant that you own or have the necessary rights and permissions to use and authorize PocketGuard to use all Intellectual Property Rights (defined below) in and to your User Submissions and any other content that you provide to PocketGuard, and to enable inclusion and use thereof as contemplated by the Services and these Terms. Unless the User Submissions are separately referred to, all references herein to Content shall include references to User Submissions. “Intellectual Property Rights” means any and all rights, titles and interests, whether foreign or domestic, in and to any and all trade secrets, patents, copyrights, service marks, trademarks, know-how, or similar intellectual property rights, as well as any and all moral rights, rights of privacy, publicity and similar rights of any type under the laws or regulations of any governmental, regulatory, or judicial authority, foreign or domestic. You retain all of your ownership rights in and to your User Submissions.

Exposure.

You understand and acknowledge that when accessing and using the Services: (i) you will be exposed to User Submissions from a variety of sources, and that PocketGuard is not responsible for the accuracy, usefulness, safety, or Intellectual Property Rights of, or relating to, such User Submissions; and (ii) you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable. You hereby agree to waive, and hereby do waive, any legal or equitable rights or remedies you may have against PocketGuard with respect to (i) and (ii) herein.

Anonymous Information.

You acknowledge and agree that PocketGuard may collect and use non-personally identifiable data regarding activity in User Accounts in order to provide and improve the Services. For example, PocketGuard may collect and use data regarding a potentially fraudulent transaction on a User Account in order to help identify similar fraudulent transactions on other User Accounts. None of this data will identify you, or any credit card number or account numbers.

Changes in the Service.

PocketGuard may make changes to the Services at any time. The changes may include, for example, the scope or type of Services, the layout or display and the Services’ content. Prior notice may be given in the event of material changes. The changes may cause inconvenience or even malfunctions at first although PocketGuard will do everything possible to minimize these events. You agree and acknowledge that PocketGuard does not assume any responsibility with respect to, or in connection with the introduction of such changes or from any malfunctions or failures that may result thereof.

Website and Service Availability.

The availability and functionality of the Services, or any part thereof, depends on various factors and elements, including software, hardware and communication networks that are partially provided by third parties. These factors are not fault free. Despite PocketGuard’s efforts, PocketGuard does not warrant or guarantee that the Services will operate without disruption, errors or interruptions, or that it will be accessible or available at all times.

Termination of Operation.

PocketGuard may at all times and in PocketGuard’s sole discretion, terminate the operation of the Services, or any part thereof, temporarily or permanently. In the event that PocketGuad, including but not limited to: (i) voluntarily or involuntarily becomes the subject of a petition in bankruptcy or of any proceeding relating to insolvency, receivership, liquidation, or composition for the benefit of creditors that is not dismissed or discharged within 60 days after being commenced; (ii) admits in writing its inability to pay its debts generally as they become due (or takes any corporate action tantamount to such admission); (iii) makes an assignment for the benefit of its creditors; or (iv) ceases to do business as a going concern. In such an event, and when possible, PocketGuard will provide prior notice of termination.

You agree and acknowledge that PocketGuard does not assume any responsibility with respect to, or in connection with the termination of the Services’ operations and loss of any data as a result.

IN THE EVENT THAT WE CEASE PROVIDING THE SERVICE, WHETHER AS A RESULT OF A LIQUIDATION, BANKRUPTCY, OR OTHERWISE, ALL PREPAID SUBSCRIPTIONS WILL BE TREATED AS NON-REFUNDABLE.

DISCLAIMER OF WARRANTY.

THE SERVICE IS PROVIDED ON AN “AS IS” BASIS. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, POCKETGUARD DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES OR OTHERWISE ARISING FROM OR RELATING TO THESE TERMS, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, NON-INFRINGEMENT, TITLE, COMPATIBILITY, PERFORMANCE, SECURITY OR ACCURACY AND ANY REPRESENTATIONS AND WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. SOME STATES DO NOT ALLOW THE DISCLAIMER OF CERTAIN WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

YOU AGREE AND ACKNOWLEDGE THAT THE USE OF THE SERVICES IS ENTIRELY, OR TO THE MAXIMUM PERMITTED BY THE APPLICABLE LAW, AT YOUR OWN RISK.

Some Content THAT IS DISPLAYED ON OUR WEBSITE, OR IN CONNECTION WITH OUR SERVICES, IS based on information THAT IS shared by USERS OF OUR SERVICES AND does not necessarily reflect the views of PocketGuard. We do not make any representations about SUCH CONTENT, and disclaim ALL liability IN CONNECTION THERETO. If you have a question about ANY SUCH Content please email us at [email protected].

POCKETGUARD DISCLAIMS ANY REPRESENTATION OR WARRANTY THAT THE SERVICES WILL IDENTIFY ALL QUESTIONABLE TRANSACTIONS ON YOUR USER ACCOUNTS. POCKETGUARD IS NOT A PARTY TO ANY TRANSACTIONS ON YOUR USER ACCOUNTS AND DOES NOT ASSUME ANY RESPONSIBILITY WITH RESPECT TO ANY SUCH TRANSACTIONS.

LIMITATION OF LIABILITY.

TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAW, NEITHER POCKETGUARD, NOR ANY OF POCKETGUARD’S AFFILIATES NOR ANY OF ITS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS, VENDORS, PARTNERS OR AGENTS (COLLECTIVELY, THE “POCKETGUARD PARTIES”), SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OR LOSSES (INCLUDING LOSS OF PROFIT AND LOSS OF DATA), COSTS, EXPENSES OR PAYMENTS, WHETHER CLAIMED IN AN ACTION UNDER CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY OR ANY OTHER THEORY, ARISING FROM, OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE THE SERVICES, OR FROM ANY FAILURE, ERROR, OR BREAKDOWN IN THE FUNCTION OF THE SERVICES, OR FROM ANY FAULT, OR ERROR MADE BY POCKETGUARD or POCKETGUARD’S STAFF OR ANYONE ACTING ON POCKETGUARD’S BEHALF, OR FROM YOUR RELIANCE ON THE SERVICES OR CONTENT AVAILABLE ON THE SERVICES, OR FROM ANY COMMUNICATION WITH THE SERVICES, OR FROM ANY DENIAL OR CANCELLATION OF YOUR USER ACCOUNT, OR FROM RETENTION, DELETION, DISCLOSURE OR ANY OTHER USE OR LOSS OF YOUR CONTENT ON THE SERVICES. IN ANY EVENT, TO THE EXTENT THAT ANY OF THE POCKETGUARD PARTIES ARE IN ANY RESPECT FOUND TO BE LIABLE DESPITE THE PRECEDING SENTENCE, THEN THE MAXIMUM AGGREGATE LIABILITY OF THE POCKETGUARD PARTIES TO YOU SHALL BE LIMITED TO THE FIFTY US DOLLARS. THE FOREGOING EXCLUSIONS AND LIMITATIONS OF LIABILITY WILL APPLY EVEN IF POCKETGUARD HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

Some states do not allow the types of limitations in this paragraph, so they may not apply to you.

Indemnification.

You agree to indemnify, defend and hold harmless, PocketGuard and each of the other PocketGuard Parties, at your own expense and immediately after receiving a written notice from PocketGuard, from and against any damages, awards, settlements, loss, costs, expenses and payments, including reasonable attorney’s fees and legal expenses, resulting from any complaint, claim, action or demand, arising from your use of the Services, or from any communications that you convey through the Services, or from your breach of the Terms, or any other terms, rules or regulations applicable to the Services, or from your alleged violation or infringement of any other person’s rights.

Governing Law and Jurisdiction.

These Terms and your use of the Service, and any disputes directly or indirectly arising from these Terms or your use of the Services, shall be governed by and construed in accordance with the laws of the state of California, U.S.A. without giving effect to any choice of law or conflict of law rules or provisions, whether Federal, or of the State of California or of any other jurisdiction, which would result in the application of the laws of a jurisdiction other than the state of California.

You agree to resolve any dispute or claim that you may have against PocketGuard exclusively in the state and federal courts located in Santa Clara County, California. You hereby irrevocably consent and submit to the exclusive jurisdiction of such courts, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.

Copyright Policy.

It is our policy to respect the legitimate rights of copyright owners, and we will respond to clear notices of alleged copyright infringement in accordance with our Copyright Policy which may be viewed at www.pocketguard.com/copyright (“Copyright Policy”).

Refer a Friend.

The Services may include an invitation service that enables you to invite your friends and contacts to visit and/or join PocketGuard and register a PocketGuard Account (“Refer a Friend Service”). If you choose to participate in the Refer a Friend Service, you agree: (i) to only send invitations to your friends and contacts that you know; (ii) not to misrepresent your relationship with PocketGuard to any third party or make any warranty or representation on behalf of PocketGuard; and (iii) to comply at all times with these Terms and applicable law.

Notices.

PocketGuard may contact you and send you notice via e-mail. You may contact PocketGuard’s customer relations department, by using the contact us page on the Services. If you do not wish to receive any of the above communications, you may opt-out of them. Please refer to our Privacy Policy or contact us. PocketGuard reserves the right to publish in public — including on the Services — certain communications with you, such as your compliments regarding the Services, as long as your personal and identifiable details will not be revealed without your prior consent. All communications between PocketGuard will be deemed as received after one business day.

• PocketGuard’s e-mail:
  [email protected]

These Terms constitute the entire agreement between you and PocketGuard with respect to the Services and supersedes any and all other agreements with respect to the Service.

Failure on PocketGuard’s part to demand performance of any provision in the Terms shall not constitute a waiver of any of PocketGuard’s rights under the Terms.

Changes in Ownership.

PocketGuard may transfer its business relating to the Services, or any part thereof, to an affiliated company or a third party, including, but not limited to, by merger, sale of equity interests, sale of all or substantially all assets or other change of control transaction involving such business. In the case of such business transfer, PocketGuard will transfer your details and information to the acquirer of such business and you hereby give your prior consent thereto. In such an event, and when possible, notice will be given of the business transfer.

No Assignment.

Your rights and obligations under the Terms are not assignable, but may be assigned by PocketGuard without restriction or notification to you. Any attempted or actual assignment thereof by you will be null and void without PocketGuard’s prior and explicit consent in writing.

Interpretation.

The section headings in the Terms are included for convenience only and shall take no part in the interpretation, or construing of the Terms “including”, whether capitalized or not, means without limitation.

Severability.

If any provision of the Terms is held to be illegal, invalid, or unenforceable by a competent court, then the provision shall be performed and enforced to the maximum extent permitted by law, and the remaining provisions of the Terms shall continue to remain in full force and effect.

Survival.

The provisions of these Terms titled Intellectual Property, License to User Submissions, Disclaimer of Warranty, Limitation of Liability, Indemnification, Governing law and Jurisdiction, General, Changes in Ownership, No Assignment, Interpretation, Severability and Survival and any other provisions which by their nature would reasonably be expected to survive, shall survive any termination or expiration of your use of the Services.