POCKYT Terms of Service (Developer)
Last Modified: February 18, 2022
These Terms of Service (“TOS”) are an agreement between you and Yuansfer, Inc. dba POCKYT (together with its affiliates, “POCKYT”) These Terms and Conditions, as may be amended or supplemented from time to time, govern the availability and use of the Services.
Please see POCKYT’s website for available information regarding the Services. Developer Applications means the applications, platforms or services developed, owned, distributed or made accessible by you as a developer on our site(s).
When you optionally sign up for an account at POCKYT, you may be asked to provide your name, a valid email address and other contact information requested to complete the signup process. You are responsible for maintaining the security of your account and password, for providing accurate and complete information, for keeping your account information current, and for the activities of all users and logins associated with your account. You must notify POCKYT at email@example.com immediately of any breach of security or unauthorized use of your account. POCKYT cannot and will not be liable for any loss or damage from any unauthorized use of your account or your failure to comply with these obligations.
By providing POCKYT with your email address you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of the Service and special offers. If you do not want to receive such email messages, you may opt out or change your preferences in your account settings. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers.
The Services are protected by copyright, trademark, and other US and foreign laws. These TOS do not grant you any right, title or interest in the Services, any materials therein or transferred thereby, including without limitation, any of POCKYT software, images, text, graphics, illustrations, trademarks, service marks, logos, patents, copyrights, photographs, audio, videos, music, or content belonging to other users, and/or other brand features (collectively, “Our Stuff”) or any intellectual property rights related to any of the foregoing. Our Stuff is the exclusive property of POCKYT and, except as otherwise provided in these TOS, you agree not to sell, license, modify, distribute, copy, reproduce, transmit, publicly display, publish, adapt, edit, or create derivative works from any of Our Stuff. Use of Our Services and Our Stuff for any purpose not expressly permitted by these TOS is prohibited.
Our Services allow you to download a digital payment platform (“Software”) which may update automatically. So long as you comply with these TOS, we give you a limited, nonexclusive, nontransferable, revocable license to use the Services, including without limitation to download and use the Software on your personal computing device, solely to access and use the Services which may include third party components, content, other copyrighted material, and/or open-source software which may be subject to certain “open source” or “free software” licenses. The use of such material is governed by their respective terms. To the extent any component of the Software may be offered under an open-source license, we will make that license available to you and the provisions of that license may expressly override some of these Software license terms. You agree not to copy, distribute, modify, reverse engineer, or decompile the Software, attempt to do so, or assist anyone in doing so. Sometimes we may suggest you use certain third-party software with our Services. If you use any third-party software, you are solely responsible for agreeing and complying with any third-party licensor’s terms when downloading and using that software.
Subject to your compliance with this Agreement, POCKYT grants you a non-exclusive, non-transferable, non-sublicensable, revocable license to use and display the Plugins on your Application solely for your own use as permitted by this Agreement. You are not licensed to use the Plugins for any other purpose, and, except for the limited license set forth herein, nothing in this Agreement shall be deemed to grant you any right, title or interest in the Plugins.
The Plugin license is subject to the following restrictions on use: (a) you may not use the Plugins to facilitate the sale of access to POCKYT or any information therein without POCKYT’S prior written approval; (b) you may not obscure or disable any element of the Plugins; (c) your Developer Application title and other trademarks and logos must appear at least as prominent as POCKYT’s trademarks and logos in the Plugins; (d) you may not display the Plugins in any manner that implies partnership with, affiliation with, sponsorship, or endorsement by POCKYT; (e) you may not display the Plugin on any Application that disparages POCKYT or its services, infringes any POCKYT or third party intellectual property or other right, or violates any applicable law, self-regulatory rules, industry rules and governmental regulations (collectively, “Applicable Law”); (f) you may not place the Plugins on Applications that include content that is offensive, abusive, harassing, threatening, discriminatory, vulgar, pornographic, or otherwise inappropriate as determined by POCKYT in its sole discretion and (g) you may not commingle or supplement the Plugin with any other POCKYT data (e.g., data scraped from our website (whether that scraping was done by you or someone else)). Subject to the limited license granted to you above, the Plugins may not be copied, modified, deleted, reproduced, republished, posted, transmitted, sold, offered for sale, or redistributed without POCKYT’s prior written approval in each instance. You acknowledge and agree that POCKYT may monitor your Application for the purpose of confirming compliance with this Agreement.
POCKYT may provide tools and materials such as accounts and sample data as part of a sandbox environment to allow developers to use such tools and materials solely for internal testing of a Developer Application. All tools and materials are provided “AS IS” and may be removed or modified at any time. You agree that all use of such tools and materials will be in accordance with POCKYT’s policies which may change from time to time. POCKYT may post on the developer’s site and/or send an email to you with notices of any changes. You may use anonymous, non-live data only. POCKYT may charge you the then-current fee for the tools and materials if POCKYT reasonably believes that you have used such materials in breach of these terms.
POCKYT May Use Provided Feedback
You agree that POCKYT may use your feedback, suggestions, or ideas in any way, including in future modifications of the Services, other products or services, advertising or marketing materials. You grant POCKYT a perpetual, worldwide, fully transferable, sublicensable, non-revocable, fully paid-up, royalty-free license to use the feedback you provide in any way.
Third Party Links and Information
Our third-party payment processors will charge your fees for your account and any other charges you may incur into the payment method you provide when you register for your account. All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with POCKYT must be accurate, complete, and current. You may change your payment method by changing the information in your account.
We may suspend or terminate your use of the Services if you are not complying with these TOS or are using the Services in a manner that in our reasonable determination would expose us to legal liability, raises suspicion of fraud, violate any applicable law, rule, or regulation, disrupt the Services, or disrupt others’ use of the Services. We also reserve the right to institute or modify applicable fees for the Services or features of the Services. Upon notice that your use of the Services has been terminated you must immediately stop using the Services and any outstanding payments will become due. Any termination of this Agreement shall not affect POCKYT’s rights to any payments due to it.
Disclaimer of Warranties
We strive to provide great Services, but there are certain things that we cannot guarantee. TO THE FULLEST EXTENT PERMITTED BY LAW, POCKYT AND ITS AFFILIATES, SUPPLIERS, LICENSORS AND DISTRIBUTORS MAKE NO WARRANTIES, EITHER EXPRESS OR IMPLIED, ABOUT THE SERVICES, THE AVAILABILITY OF THE SERVICES, OR ANY CONTENT OR FEATURES AVAILABLE
THROUGH THE SERVICES, INCLUDING WITHOUT LIMITATION, THAT THE SERVICES WILL MEET YOUR REQUIREMENTS; THAT THE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER CONTENT, AND DO NOT GUARANTEE THAT CONTENT THAT WE HOST, STORE OR BACKUP THROUGH THE SERVICES WILL BE AVAILABLE TO YOU, ACCURATE, RELIABLE OR CORRECT. THE SERVICES ARE PROVIDED “AS IS,” “AS AVAILABLE” AND “WITH ALL FAULTS,” AND ANY REPRESENTATION OR WARRANTY OF OR CONCERNING ANY THIRD-PARTY MATERIALS IS STRICTLY BETWEEN YOU AND THE THIRD-PARTY OWNER OR DISTRIBUTOR OF THE THIRD-PARTY MATERIALS. WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-
INFRINGEMENT. No advice or information, whether oral or written, obtained by you from POCKYT or through the Services will create any warranty not expressly stated herein.
Further, POCKYT does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Services or any hyperlinked website or service, and POCKYT will not be a party to or in any way monitor any transaction between you and third-party providers of products or services.
IN NO EVENT WILL POCKYT’S MAXIMUM, CUMULATIVE LIABILITY TO MERCHANT AND THE AUTHORIZED USERS IN CONNECTION WITH THIS AGREEMENT, THE POCKYT SERVICES OR THE PROVISION OF THE SERVICES EXCEED THE FEES ACTUALLY PAID BY YOU TO POCKYT IN THE TWELVE (12) MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE FIRST CLAIM, REGARDLESS OF THE LEGAL OR EQUITABLE THEORY ON WHICH THE CLAIM OR LIABILITY IS BASED, AND WHETHER OR NOT POCKYT WAS ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. EXCEPT FOR YOUR PAYMENT OBLIGATIONS, IN NO EVENT SHALL YOUR AGGREGATE LIABILITY TO POCKYT FOR ANY CLAIMS, LOSSES, INJURIES, SUITS, DEMANDS, JUDGMENTS, LIABILITIES, COSTS, EXPENSES OR DAMAGES FOR ANY CAUSE WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, THOSE ARISING OUT OF OR RELATED TO THIS AGREEMENT OR ANY ORDER) (COLLECTIVELY, “DAMAGES”), AND REGARDLESS OF THE FORM OF ACTION OR LEGAL THEORY, EXCEED THE FEES PAID BY YOU TO POCKYT UNDER THE APPLICABLE ORDER IN THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO DAMAGES. THESE LIMITATIONS OF LIABILITY REFLECT THE ALLOCATION OF RISK BETWEEN THE PARTIES.
Indemnification by You
You agree to indemnify, defend and hold POCKYT and its affiliates, officers, employees, agents, suppliers, licensors and distributors, and their employees, contractors, agents, officers and directors, harmless from and against any and all claims, damages, obligations, losses, demands, costs or debt, and expenses (including without limitation, reasonable attorney’ fees and expenses), relating to or arising from (i) your use or misuse of the Services, Your Content, or Our Stuff, or the use, misuse, of content of anyone associated with your account; (ii) your violation of any term of these TOS, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy or Content or any content that is submitted via your account including without limitation misleading, false, or inaccurate information; (vi) your willful misconduct; or (vii) any other party’s access and use of the Services with your unique username, password, or other appropriate security code.
Governing Law. These TOS shall be governed by and construed in accordance with the laws of the State of New York without having effect to any principles of conflict of laws that would lead to the application of the laws of another jurisdiction. The Parties expressly agree that the United Nations Convention on Contracts for the International Sale of Goods will not apply. Any legal action or proceeding arising under these TOS will be brought exclusively in the federal or state courts located in New York County, New York and the Parties irrevocably consent to the personal jurisdiction of such courts and hereby irrevocably waive any objection to the laying of venue in such courts.
Class Action Waiver. YOU AND POCKYT AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
Waiver, Severability & Assignment
POCKYT’s failure to enforce a provision is not a waiver of its right to do so later. If a provision is in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign this TOS or any of your rights or obligations under these TOS, and any such attempt will be void. POCKYT may assign these TOS or any of its rights or obligations hereunder without restriction.
We may revise these TOS from time to time, with or without notice to you, so you should review this page periodically. When we change these TOS in a material manner, we will update the ‘last modified’ date at the top of this page and notify you that material changes have been made to these TOS. You are responsible for reviewing these TOS, and you will be deemed to have agreed to any such modification or amendment to these TOS by your decision to continue to use or access the Services after the ‘last modified’ date has changed.
Third Party Acknowledgement and Terms
The Software licensed under the terms and conditions of these TOS may use or include third party components, content, other copyrighted material, and/or open-source software which may be subject to certain “open source” or “free software” licenses (“Open-Source Software”). The use of such material is governed by their respective terms. The Open-Source Software is distributed in the hope that it will be useful, but WITHOUT ANY WARRANTY, without even the implied warranty of MERCHANTABILITY or FITNESS OF PURPOSE.
Addendum For Use of Apache-2.0
You may obtain a copy of the Apache License at https://www.apache.org/licenses/LICENSE-2.0. Unless required by applicable law or agreed to in writing, software distributed under the Apache License is distributed on an “AS IS” BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied. See the Apache License for the specific language governing permissions and limitations under their terms and conditions.
Anti-bribery and Anti-Corruption
Using POCKYT Services, you agree to fully comply with the provisions of the United States Foreign Corrupt Practices Act (“FCPA”), the Organization for Economic Cooperation and Development (“OECD”) and UK Bribery Act 2010 and any other law applicable to the specific territory where your Developer Application is distributed, prohibiting foreign bribery and improper payments. Without limiting the generality of the foregoing, you represent and warrant that you have not and shall not at any time during the Term of this Agreement pay, give, or offer or promise to pay or give, any money or any other thing of value, directly or indirectly, to or for the benefit of: (I) any government official, political party, or candidate for political office; or (ii) any other person, firm, corporation or other entity, with knowledge that some or all of that money or other thing of value will be paid, given, offered or promised to a government official, political party or candidate for political office, for the purpose of obtaining or retaining any business, or to obtain any other unfair advantage, in connection with POCKYT’s business. Further, you agree to maintain complete and accurate books and records of any transactions related to this Agreement.
You acknowledge that the Services, its related website, online services, and other POCKYT Services are subject to restrictions under applicable US export control laws, including US trade embargoes and sanctions and security requirements, and applicable country or local laws to the extent compatible with US laws. You agree that you will comply with these laws and regulations and will not export, re-export, import or otherwise make available products and/or technical data in violation of these laws and regulations, directly or indirectly.
EU Personal Data
For purposes of this Agreement, “EU Personal Data” means “personal data” or “Personal Information,” as defined under Applicable Data Protection Laws—including, without limitation, any and all data (regardless of format) that can be used to directly or indirectly identify, contact or locate a natural person, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the financial, physical, physiological, genetic, mental, economic, cultural or social identity of that natural person—received or collected by POCKYT or you pertaining to POCKYT’s current, former or potential customers, employees, contractors, vendors or other agents who are located in the European Union.
Without limiting the foregoing, if you Process EU Personal Data, the following provisions apply:
- You will provide reasonable assistance to POCKYT where the type of Processing performed by you is likely to result in a high risk to the rights and freedoms of natural persons and therefore requires a data protection impact assessment and/or prior consultation with the relevant data protection authorities;
- If you Process EU Personal Data outside of the EU, you will comply with all Applicable Data Protection Laws with regard to any cross-border transfers of EU Personal Data. This may include: (i) Processing EU Personal Data only in adequate jurisdictions as defined in Applicable Data Protection Laws, to the extent such Processing occurs in the United States; or (ii) adopting EU Binding Corporate Rules that cover the EU Personal Data that you Process; or (iii) entering into the Standard Contractual Clauses approved by the European Commission.
If your Developer Application(s) exchange credit card or debit card data with POCKYT services, you must only distribute Developer Applications that (i) comply with local laws, credit card association and processor regulations, including but not limited to, all requirements set forth in the Payment Card Industry (“PCI”) Data Security Standard and the Payment Application Data Security Standards, as applicable (which can be found at https://www.pcisecuritystandards.org/) for protecting cardholder data, and (ii) ensure secure data handling in compliance with all regulations, including industry standard secure access mechanisms such as SSL based HTTPS connections. POCKYT reserves the right to deny access to any of its credit card processing services to any Developer Application without notice for any reason. In the event that access is denied to POCKYT’s credit card services, you agree to continue treating cardholder data as confidential and protect cardholder data in compliance with local laws, credit card association and processor regulations including, but not limited to, all requirements set forth in the Payment Card Industry Data Security Standard for protecting cardholder data. Upon request, you will provide documentation evidencing your compliance with all applicable PCI requirements. If we reasonably believe that a security breach or compromise of data has occurred, we may require you, at your expense, to have a third-party auditor that is approved by us conduct a security audit of your systems and facilities and issue a report to be provided to us or our security providers.
These TOS constitute the entire agreement between you and POCKYT with respect to the subject matter of these TOS and supersedes and replaces any other prior or contemporaneous agreements, or terms and conditions applicable to the subject matter of these TOS. Other than as set forth in the “Indemnification by You” section above, these TOS creates no third-party beneficiary rights.