1 PocketSuite Terms of Service Last modified: November 2015 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 (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. 1. 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 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 or if you are acting on behalf of a company or entity, that you have the authority to bind such entity. 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. 2. SERVICES 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 with Clients, send reminders to Clients for upcoming appointments, send invoices, collect payment, send and receive messages with Clients, 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 Business Owner to 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.
4 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, 7. CONDITIONS OF USE. (a) 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. (b) 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. (c) You agree not to use the App or the Services on any mobile or handheld 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. (d) 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. (e) 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. (f) If you are not the bill payer for the mobile telephone or handheld device being used to access the App, you will be assumed to have received permission from the bill payer for using the App. 8. AVAILABILITY
5 (a) 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. (b) 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. (c) The Company will not be responsible for any support or maintenance for the App. 9. SYSTEM REQUIREMENTS (a) 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 ). (b) The Software Requirements are as follows: Apple ios devices running ios 7. Currently, the App is available in the English language only. (c) The version of the App software may be upgraded from time to time to add support for new functions and services. 10. TERMINATION 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. 11. 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 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 suspected to have occurred until said matters have been resolved. 12. PAYMENT FEES FOR BUSINESS OWNERS (a) For payment transactions, the Company charges the payment recipient (i.e., in most cases the Business Owner) a processing fee of either 1.90% or 2.90% per transaction (the Processing Fee ), depending on the subscription plan the business is subscribed to (as defined in Section 13 herein). The Processing Fee is calculated as 1.90% or 2.90% multiplied by the gross payment amount through the App, and is debited from the gross payment amount. The Company charges said Processing Fee in order to cover its own processing fees and expenses.
6 (b) 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. 13. SUBSCRIPTION PLANS FOR BUSINESS OWNERS Business Owners can choose three (3) different plans when they register for PocketSuite, including two (2) Premium subscription plans, as outlined below: (1) Free plan: No cost per month, with a 2.90% payment processing fee. Business Owners get access to core features such as scheduling, invoicing, payments, messaging, and more business features. (2) Premium plan: $9.99 subscription fee per month, with a 1.90% payment processing fee. Premium plans come with additional business features within the app, as well as a lower processing rate for credit and debit card transactions. (3) Premium+ plan: $19.99 subscription fee per month, with a 1.90% payment processing fee. Premium+ plans come with additional business features including tools to manage and pay staff, as well as a lower processing rate for credit and debit card transactions. Business Owners can subscribe to Premium plans (both the Premium plan and Premium+ plan ) either within the app or directly from the PocketSuite website (http://pocketsuite.io/pricing/). Subscription plans are on a rolling month-to-month basis, with each month s fee paid upfront (at the beginning of each 30 day plan period), automatically auto-renewing each month. Business Owners can cancel their subscription plans at any time from within the PocketSuite app. Subscription fees are non-refundable. 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. 14. REFUNDS 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 Chargeback relating to such sales. You can process a refund by contacting PocketSuite at PocketSuite will request your authorization to withdraw up to the requested refund amount from your bank account. PocketSuite will then withdraw the amount you were paid for said services from your bank account, and credit it back into your Buyer s account. 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 chargeback and fee policies apply, however, in addition to sales taxes and postage fees for product specific refunds. As
7 mentioned in Section 2 above, PocketSuite is not designed nor recommended for e-commerce types of businesses selling goods or products. 15. YOUR LIABILITY FOR CHARGEBACKS The amount of a transaction may be reversed or charged back to your PocketSuite account (a Chargeback ) if the transaction (a) is disputed, (b) is reversed for any reason by the Network, our processor, or a Buyer or our 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. 16. OUR COLLECTION RIGHT FOR CHARGEBACKS For any transaction that results in a Chargeback, we may debit the amount of any Chargeback and any associated fees, fines, or penalties by our processor from your PocketSuite account, any proceeds due to you, your bank account, or other payment instrument registered with us. If you have pending Chargebacks, we may delay payouts from your PocketSuite account. Further, if we reasonably believe that a Chargeback is likely with respect to any transaction, we may withhold the amount of the potential Chargeback from payments otherwise due to you under this Agreement until such time that: (a) a Chargeback 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 Chargeback on the transaction will not occur. If we are unable to recover funds related to a Chargeback for which you are liable, you will pay us the full amount of the Chargeback 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. 17. ACCOUNT VERIFICATION 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 a driver s license (in the Settings -> Help & Admin tab within the PocketSuite app), and wait approximately 24 hours before verification is put into effect. Once verified, Business Owners can seamlessly begin accepting credit and debit card payments from Clients through PocketSuite. 18. 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. 19. 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
8 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. 20. 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. 21. GOVERNING LAW 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.