Terms and Conditions
1. Definitions
2. Additional Terms.
3. Registration.
4. Access.
5. AI Features.
6. Acceptable Use.
7. Personal Information.
8. Rewards.
9. Disclaimer of Warranties.
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE SERVICE AND APPLICATION ARE PROVIDED TO YOU “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, YOU AGREE THAT YOU MUST EVALUATE, AND THAT YOU BEAR ALL RISKS ASSOCIATED WITH, THE USE OF THE SERVICE AND APPLICATION, INCLUDING, WITHOUT LIMITATION, ANY RELIANCE ON THE ACCURACY, RELIABILITY, COMPLETENESS OR USEFULNESS OF ANY MATERIALS AVAILABLE THROUGH THE SERVICE (INCLUDING ANY OUTPUTS OF THE AI FEATURES). TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, POKET DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SERVICE, THE APPLICATION AND ANY PRODUCT OR SERVICE (INCLUDING WITHOUT LIMITATION, THIRD-PARTY PRODUCTS AND SERVICES) OBTAINED THROUGH THE SERVICE, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT AND TITLE.
10. Limitation of Liabilities.
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, POKET WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY CLAIMING THROUGH YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF USE, LOSS OF DATA, LOSS OF SECURITY OF INFORMATION YOU HAVE PROVIDED IN CONNECTION WITH YOUR USE OF THE SERVICE OR UNAUTHORIZED INTERCEPTION OF ANY SUCH INFORMATION BY THIRD PARTIES, EVEN IF ADVISED IN ADVANCE OF SUCH DAMAGES OR LOSSES. IN PARTICULAR, TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, POKET WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF OR INABILITY TO USE THE SERVICE OR APPLICATION OR FROM ANY CONTENT POSTED ON THE SERVICE, INCLUDING ANY AI-GENERATED OUTPUTS. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SERVICE OR APPLICATION IS TO STOP USING THE SERVICE AND APPLICATION. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE MAXIMUM LIABILITY OF POKET AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE, SHALL BE $1CAD.
11. Indemnification.
You agree to defend, indemnify and hold harmless Poket and its employees, officers, directors, shareholders, affiliates, agents, representatives and suppliers, from and against all claims, losses, costs and expenses (including legal fees) arising out of: (a) your use of, or activities in connection with, the Service or Application, including your use of any AI Features (and any outputs of the AI Features); (b) any violation of these Terms by you or any third parties who are not permitted to use the Service or Application; and (c) your User Content.
12. Third Party Services and Content.
The Application may display, include, or make available third-party content, including but not limited to data, information, applications, services, products, or materials provided by third parties, which may include AI Providers ("Third-Party Content"), or provide links to third-party websites or services ("Third-Party Services"). You acknowledge and agree that Poket is not responsible for examining or evaluating the content, accuracy, completeness, availability, validity, legality, quality, or any other aspect of such Third-Party Content or Third-Party Services.
Poket does not warrant or endorse and does not assume and will not have any liability or responsibility to you or any other person for any Third-Party Content or Third-Party Services, including for their accuracy, reliability, or compliance with applicable laws. Your use of Third-Party Content or Third-Party Services, including any information, data, advertising, products, or other materials on or available from such third parties, is at your sole risk and is subject to any additional terms, conditions, and policies applicable to such Third-Party Content and Third-Party Services.
Under no circumstances shall Poket be liable for any loss, damage, or injury arising out of or related to your access to, use of, or reliance upon any Third-Party Content or Third-Party Services made available on or through the Application, including but not limited to any errors or omissions in any Third-Party Content or any loss or damage of any kind incurred as a result of the use of any Third-Party Content or Third-Party Services.
13. Security.
Poket has implemented security policies and practices that are designed to protect the security and integrity of the Application and Services. However, Poket does not guarantee the security of the Application or Services or the security or integrity of any communications between you and the Requesting Party, or any communications with third parties including the AI Providers. You acknowledge that it is your responsibility to use a secure connection to access the Application and that you are solely responsible for implementing security safeguards to protect yourself when accessing and using the Service, including taking precautions against viruses, worms, trojan horses and other items of a disabling or destructive nature.
14. Termination.
You are entitled to terminate your use of the Service at any time by permanent deletion of the Application installed on your mobile device, thus disabling your use of the Application and the Service. You can close your account at any time by contacting Poket. Poket may retain your Registration Information as provided in the Privacy Policy, notwithstanding your termination of these Terms.
Poket is entitled to terminate or suspend your use of the Service and/or Application at any time without notice and with immediate effect (by disabling your use of the Application and the Service) for any reason, including if you violate or breach any term of these Terms, or, in the opinion of Poket, misuse the Application or the Service.
15. Miscellaneous
Non-Assignment. You may not assign, transfer or sublicense any or all of your rights or obligations under these Terms without express prior written consent of Poket.
Survival. The following provisions of these Terms survive termination: 5C-F, 7, 9, 10, 11, 12, 15.
Governing Law. To the extent not prohibited by applicable law, these Terms are governed by the laws of the Province of Ontario, Canada, without regard to its principles of conflicts of law. To the extent not prohibited by applicable law, you irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of the Province of Ontario, Canada, with respect to any dispute, controversy or claim arising out of or in connection with these Terms or your use of the Service.
Entire Agreement. These Terms constitute the entire agreement with respect to its subject matter and replaces and supersedes any prior written and/or verbal communications between you and Poket.
Independent Contractor. These Terms do not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and Poket.
Force Majeure. Neither Poket nor you shall be liable to the other for any failure or delay to perform any of its or your obligations under these Terms during any period in which such performance is delayed by circumstances beyond its or your reasonable control, such as fire, flood, war, embargo, strike, riot, terrorism or the intervention of any governmental authority (a “Force Majeure”). In such event, however, the delayed party must promptly provide the other party with written notice of the Force Majeure. The delayed party’s time for performance will be excused for the duration of the Force Majeure.
Severability. If any provision herein is held to be invalid or unenforceable to any extent, then such provision will be interpreted, construed and reformed to the extent reasonably required to render it valid, enforceable and consistent with its original intent.
Interpretation. Headings in these Terms are for convenience of reference only and shall in no way affect interpretation of such Terms.
Waiver. No delay or omission by a party to exercise any right or power it has under these Terms, or to object to the failure of any covenant of another party to be performed in a timely and complete manner, shall impair any such right or power or be construed as a waiver of any succeeding breach or any other covenant. All waivers must be in writing and signed by the party waiving its rights.
Notices. Notices shall be sent to Poket at the address written above, as may be changed by Poket from time to time upon notice to you. Notices to you will be sent via email and/or to your account on the Application.