Terms of Service
This Terms of Use Agreement (the "Agreement") constitutes a legally binding agreement between POKET DEV, LLC, a limited liability company organized under the laws of the state of Michigan ("Poket Dev"), and the client, whether personally or on behalf of an entity ("Client"), regarding the access and use of Poket Dev's website: https://www.poketdev.com/ (the "Website") and any other media form, channel, mobile website, or mobile application related, linked, or otherwise connected to it. By accessing or using the Website, the Client agrees to be bound by all the terms, conditions, and obligations set forth in this Agreement. Failure to agree to and comply with these terms shall result in the immediate termination of the Client's use of the Website, and the Client is required to cease use promptly. Subsequently, the relationship between the Client and Poket Dev shall terminate and have no further effect between the parties, except that any outstanding obligation of the Client to pay Poket Dev for services rendered shall remain and continue to be an ongoing obligation owed by the Client to Poket Dev.
1. Intellectual Property Rights
Unless otherwise indicated, the Website is the property of Poket Dev and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics of any nature and regardless of format (herein, collectively or individually, the “Content”) and the trademarks, service marks, and logos contained there (the “Marks”) are owned and controlled by Poket Dev and are protected by copyright and trademark laws and any other applicable intellectual property law or regulation of the United States, foreign jurisdictions, and international conventions. The Content and Marks are provided "As-Is" for your information and personal use only. Except as expressly provided herein, no part of the Website and no Content may be copied, reproduced, aggregated, republished, uploaded, posted, displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever without Poket Dev's express prior written permission. Poket Dev reserves all rights in the Website, Content, and Marks.
2. Ownership of Materials
Notwithstanding Poket Dev's involvement in the development process, all code, software, and original source files created on the client's behalf ("Projects") belong to the client, and the client shall be the sole owner of the copyright for all Projects. In the unlikely event that any operation of law would cause Poket Dev to become the owner of a Project, in whole or in part, rather than the client, Poket Dev irrevocably and perpetually assigns its entire interest in the Project to the client, without limitation. The client warrants that any and all materials provided to Poket Dev as examples or as material to be incorporated into a project during the software development process are owned by the client and do not infringe on or misappropriate any third party's rights, including, but not limited to, all intellectual property rights and any right of publicity. Poket Dev reserves the right to publicly disclose and display client's name, logo, and likeness. Poket Dev always respects the client's ownership and confidentiality rights and can only share the client's code, software, or projects if there is no prior NDA agreement in place as stated in section 17 of these Terms of Service.
3. User Representations
By using the Website, you represent and warrant that: You have the legal capacity and agree to comply with these Terms of Use. You are not a minor in the jurisdiction of your domicile. You will not access the Website through automated or non-human means. You will not use the Website for any illegal or unauthorized purpose. Your use of the Website will not violate any applicable law or regulation.
4. Prohibited Activities
You, as a user of the Poket Dev website and services, are expected to use only for its intended purpose. The website is made available to you for the purpose of accessing and utilizing the services provided by Poket Dev. Any commercial activities conducted on the website should be directly related to the work performed by Poket Dev on your behalf. Additionally, you are required to adhere to the following guidelines: Unauthorized Use: You must not access or use the website in any unauthorized manner. Data Retrieval: You must not retrieve data or content from the website with the intention of creating or compiling a database or directory. Security Interference: You must not circumvent, disable, or otherwise interfere with any security-related features of the website. Unauthorized Framing or Linking: You must not engage in unauthorized framing or linking of the website. Misrepresentation: You must not trick, defraud, or mislead Poket Dev or other users of the website. Disruption of Services: You must not interfere with, disrupt, or create an undue burden on the website or Poket Dev's networks or servers. Non-Compete: You must not use the website in an effort to compete with Poket Dev. Software Reverse Engineering: You must not decipher, decompile, disassemble, or reverse engineer any software used on the website. Bypassing Measures: You must not bypass any measures on the website that are designed to prevent or restrict access to the website or its contents. Harassment: You must not harass, annoy, intimidate, or threaten any of Poket Dev's employees, independent contractors, or agents providing services through the website. Copyright Notice: You must not delete the copyright or other rights notice from any content on the website. Malicious Material: You must not upload or transmit viruses, Trojan horses, or any other material that interferes with the use of the website or disrupts its functions, features, operations, or maintenance. Information Collection: You must not upload or transmit any material that acts as a mechanism for passive or active information collection or transmission. Reputation Harm: You must not disparage, tarnish, or otherwise harm the reputation of Poket Dev, its employees, or its services. By using the Poket Dev website, you agree to comply with these prohibited activities and understand that any violation may result in the termination of your access to the website and its services.
5. Client Feedback
You acknowledge and agree that any questions, comments, suggestions, or other feedback or submission (each a "Submission") provided by you shall become the sole property of Poket Dev. Poket Dev is not obligated to maintain the confidentiality of any Submission or take measures to ensure its confidentiality. Poket Dev shall have complete ownership of all rights related to the Submission, except to the extent that rights are granted to you under Paragraph 2 ("Ownership of Materials"). Poket Dev, at its sole and unrestricted discretion, may use and distribute the Submission for any lawful purpose without seeking permission, providing acknowledgment, or offering compensation to you. By providing a Submission, you affirm that you have the necessary rights to express and submit it, and you hereby waive any claims or recourse against Poket Dev for its use of the Submission in accordance with these terms and at its sole discretion in the future.
6. Management and Oversight
Poket Dev retains the authority to oversee the Website to ensure compliance with these Terms of Service and to take necessary legal measures in response to any violations of the Terms of Service or relevant laws, statutes, or regulations. Poket Dev also reserves the right to limit or deny access to the Website or disable the Client's usage of the Website. Such determinations will be made solely at the discretion of Poket Dev, without prior notice or liability to the Client. All decisions pertaining to the management of the Website rest solely with Poket Dev and aim to safeguard Poket Dev's rights and assets.
7. Privacy Policy
By using the Website, you agree to be bound by and comply with the Privacy Policy and the terms set forth therein, as well as the terms adopted and incorporated herein. Our Website is hosted in the United States of America. If you access the Website from the EU, Asia, or any other region of the world, different laws, statutes, or regulations regarding the collection, use, or disclosure of personal data may apply. By continuing to use the Website and transferring data to the United States, you explicitly consent to the transfer and processing of your data in the United States. Poket Dev does not knowingly accept or solicit information from individuals under the age of 18. In compliance with the United States' Children's Online Privacy Protection Act, if we become aware that an individual under the age of 13 has provided personally identifiable information to Poket Dev without parental consent, we will promptly delete that information.
8. Returns and Refunds
Poket Dev maintains the right to assess refund requests on an individual basis and reserves the discretion to accept or deny them, without notice or liability to the Client. Should Client request a refund, all materials produced by Poket Dev are ownership of Poket Dev and are prohibited from being used by the Client in any way. If a refund is deemed to be appropriate, the days already elapsed within the current billable period are non-refundable therefore shall not be considered for a refund and there will be a 40% fee assigned to the remaining billable period. Refunds are subject to Poket Dev's sole discretion and are not guaranteed. Poket Dev reserves the right to take appropriate legal actions against Client for breach of this paragraph or any other paragraph within this Terms of Service.
9. Modification
Poket Dev reserves the right to change, alter, modify, amend, or remove anything or any content on the Website for any reason at its sole discretion. Poket Dev reserves the right to modify or discontinue all or part of the Website without notice and without liability to the Client.
10. Connection Interruptions
Poket Dev does not guarantee or warrant that the website will be available and accessible at all times. Issues with hardware, software, or other factors may result in interruptions, delays, or errors beyond Poket Dev's control. You acknowledge and agree that Poket Dev shall not be held liable for any loss, damage, or inconvenience caused by your inability to access or use the website during any interruption in the connection or service.
11. Governing Law
These Terms of Service shall be governed by and construed in accordance with the laws of the State of Michigan without regard to conflict of law principles.
12. Litigation
Any legal action of whatever nature shall be brought in the state courts of Detroit, Michigan or in the United States District Court for the Eastern District of Michigan. The parties involved consent to the personal jurisdiction of these courts and waive any defenses regarding lack of personal jurisdiction and forum non conveniens concerning venue and jurisdiction. The application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act is excluded from these Terms of Service.
13. Disclaimer
The Poket Dev website and services are provided on an as-is, as-available basis. By using the website and services, you agree that your use is at your sole risk. Poket Dev disclaims all warranties, express or implied, regarding the website and your use thereof, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Poket Dev makes no warranties or representations about the accuracy or completeness of the website or any content therein, or the content of any linked websites. Poket Dev assumes no liability for any errors, mistakes, or inaccuracies in content and materials, personal injury or property damage of any nature resulting from your use of the website. Poket Dev also disclaims any liability for unauthorized access to or use of our secure servers and any personal or financial information stored therein. We do not guarantee uninterrupted transmission to or from the website, nor do we guarantee that the website is free from bugs, viruses, Trojan horses, or similar harmful elements introduced by third parties. We are not responsible for any errors or omissions in content and materials, or for any loss or damage incurred as a result of using any posted, transmitted, or otherwise available content on the website. Poket Dev does not warrant, endorse, guarantee, or assume responsibility for any products or services advertised or offered by third parties through the website, hyperlinked websites, or any other advertising platforms.
14. Limitations of Liability and Indemnification
Poket Dev and its directors, employees, members, independent contractors, or agents shall not be liable to the Client or any third party for any direct, indirect, consequential, incidental, special, or punitive damages, including lost profit, lost revenue, lost data, attorneys' fees, court costs, fines, forfeitures, or other damages or losses arising from the Client's use of the Website or services. The Client agrees to defend, indemnify, and hold harmless Poket Dev and its subsidiaries, affiliates, and all respective officers, members, agents, partners, employees, and independent contractors from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of: (1) use of the Website; (2) breach of these Terms of Service; (3) any breach of the Client's representations and warranties set forth herein; (4) the Client's violation of the rights of any third party, including but not limited to intellectual property rights. Notwithstanding the foregoing, Poket Dev reserves the right, at the Client's expense, to assume control and defense of any matter for which the Client shall be required to indemnify Poket Dev hereunder. The Client agrees to cooperate with the defense of such claims.
15. User Data
Client is solely responsible for all data transmitted to or related to any activity you undertake using our website, services, and any third party tools and services. Poket Dev shall not be held liable for any loss, corruption, or leaking of such data, and you hereby waive any right to take action against Poket Dev in relation to any such loss, corruption, or leaking.
16. Electronic Communications, Transactions, and Signatures
Client hereby consents to receive electronic communications from Poket Dev, and you agree that all agreements, notices, disclosures, and other communications sent via email or through the Poket Dev website satisfy any legal requirement that such communication be in writing. You also agree to the use of electronic signatures, contracts, orders, and other records, as well as electronic delivery of notices, policies, and records of transactions initiated or completed by Poket Dev or through the website. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction that require an original signature or delivery or retention of non-electronic records or to payments or the granting of credits by any means other than electronic.
17. Showcasing Development Work
Poket Dev reserves the right to share development work on digital channels, including social media, website, etc., unless otherwise agreed upon. The Client reserves the right to issue a Non-Disclosure Agreement (NDA) between themselves and Poket Dev. In such cases, Poket Dev will be bound by the terms of the NDA and will refrain from sharing or discussing the Client's work publicly.
18. Referrals
Our referral program is designed to reward our customers for spreading the word about Poket Dev. As part of the program, if you refer someone to Poket Dev and they become a paying customer for at least one month, we will reward you with a $500 referral bonus. Payment will be made via wire/electronic transfer to your provided bank account. A Form 1099-NEC may be required.
19. Miscellaneous
These Terms of Service, along with any policies published on the Poket Dev website or related to the services provided by Poket Dev, constitute the entire agreement and understanding between the client and Poket Dev. The failure of Poket Dev to enforce any right or provision of these Terms of Service shall not be deemed as a waiver of such right or provision. If any provision or part of these Terms of Service is found to be unlawful, void, or unenforceable, that provision shall be severed from these Terms of Service without affecting the validity or enforceability of the remaining provisions. Nothing in these Terms of Service, the Privacy Policy, or on the Poket Dev website shall be construed to create a joint venture, partnership, employment, or agency relationship between the client and Poket Dev.
20. Contact Information
For any questions or concerns, please contact Poket Dev at: hello@poketdev.com.
1. Intellectual Property Rights
Unless otherwise indicated, the Website is the property of Poket Dev and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics of any nature and regardless of format (herein, collectively or individually, the “Content”) and the trademarks, service marks, and logos contained there (the “Marks”) are owned and controlled by Poket Dev and are protected by copyright and trademark laws and any other applicable intellectual property law or regulation of the United States, foreign jurisdictions, and international conventions. The Content and Marks are provided "As-Is" for your information and personal use only. Except as expressly provided herein, no part of the Website and no Content may be copied, reproduced, aggregated, republished, uploaded, posted, displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever without Poket Dev's express prior written permission. Poket Dev reserves all rights in the Website, Content, and Marks.
2. Ownership of Materials
Notwithstanding Poket Dev's involvement in the development process, all code, software, and original source files created on the client's behalf ("Projects") belong to the client, and the client shall be the sole owner of the copyright for all Projects. In the unlikely event that any operation of law would cause Poket Dev to become the owner of a Project, in whole or in part, rather than the client, Poket Dev irrevocably and perpetually assigns its entire interest in the Project to the client, without limitation. The client warrants that any and all materials provided to Poket Dev as examples or as material to be incorporated into a project during the software development process are owned by the client and do not infringe on or misappropriate any third party's rights, including, but not limited to, all intellectual property rights and any right of publicity. Poket Dev reserves the right to publicly disclose and display client's name, logo, and likeness. Poket Dev always respects the client's ownership and confidentiality rights and can only share the client's code, software, or projects if there is no prior NDA agreement in place as stated in section 17 of these Terms of Service.
3. User Representations
By using the Website, you represent and warrant that: You have the legal capacity and agree to comply with these Terms of Use. You are not a minor in the jurisdiction of your domicile. You will not access the Website through automated or non-human means. You will not use the Website for any illegal or unauthorized purpose. Your use of the Website will not violate any applicable law or regulation.
4. Prohibited Activities
You, as a user of the Poket Dev website and services, are expected to use only for its intended purpose. The website is made available to you for the purpose of accessing and utilizing the services provided by Poket Dev. Any commercial activities conducted on the website should be directly related to the work performed by Poket Dev on your behalf. Additionally, you are required to adhere to the following guidelines: Unauthorized Use: You must not access or use the website in any unauthorized manner. Data Retrieval: You must not retrieve data or content from the website with the intention of creating or compiling a database or directory. Security Interference: You must not circumvent, disable, or otherwise interfere with any security-related features of the website. Unauthorized Framing or Linking: You must not engage in unauthorized framing or linking of the website. Misrepresentation: You must not trick, defraud, or mislead Poket Dev or other users of the website. Disruption of Services: You must not interfere with, disrupt, or create an undue burden on the website or Poket Dev's networks or servers. Non-Compete: You must not use the website in an effort to compete with Poket Dev. Software Reverse Engineering: You must not decipher, decompile, disassemble, or reverse engineer any software used on the website. Bypassing Measures: You must not bypass any measures on the website that are designed to prevent or restrict access to the website or its contents. Harassment: You must not harass, annoy, intimidate, or threaten any of Poket Dev's employees, independent contractors, or agents providing services through the website. Copyright Notice: You must not delete the copyright or other rights notice from any content on the website. Malicious Material: You must not upload or transmit viruses, Trojan horses, or any other material that interferes with the use of the website or disrupts its functions, features, operations, or maintenance. Information Collection: You must not upload or transmit any material that acts as a mechanism for passive or active information collection or transmission. Reputation Harm: You must not disparage, tarnish, or otherwise harm the reputation of Poket Dev, its employees, or its services. By using the Poket Dev website, you agree to comply with these prohibited activities and understand that any violation may result in the termination of your access to the website and its services.
5. Client Feedback
You acknowledge and agree that any questions, comments, suggestions, or other feedback or submission (each a "Submission") provided by you shall become the sole property of Poket Dev. Poket Dev is not obligated to maintain the confidentiality of any Submission or take measures to ensure its confidentiality. Poket Dev shall have complete ownership of all rights related to the Submission, except to the extent that rights are granted to you under Paragraph 2 ("Ownership of Materials"). Poket Dev, at its sole and unrestricted discretion, may use and distribute the Submission for any lawful purpose without seeking permission, providing acknowledgment, or offering compensation to you. By providing a Submission, you affirm that you have the necessary rights to express and submit it, and you hereby waive any claims or recourse against Poket Dev for its use of the Submission in accordance with these terms and at its sole discretion in the future.
6. Management and Oversight
Poket Dev retains the authority to oversee the Website to ensure compliance with these Terms of Service and to take necessary legal measures in response to any violations of the Terms of Service or relevant laws, statutes, or regulations. Poket Dev also reserves the right to limit or deny access to the Website or disable the Client's usage of the Website. Such determinations will be made solely at the discretion of Poket Dev, without prior notice or liability to the Client. All decisions pertaining to the management of the Website rest solely with Poket Dev and aim to safeguard Poket Dev's rights and assets.
7. Privacy Policy
By using the Website, you agree to be bound by and comply with the Privacy Policy and the terms set forth therein, as well as the terms adopted and incorporated herein. Our Website is hosted in the United States of America. If you access the Website from the EU, Asia, or any other region of the world, different laws, statutes, or regulations regarding the collection, use, or disclosure of personal data may apply. By continuing to use the Website and transferring data to the United States, you explicitly consent to the transfer and processing of your data in the United States. Poket Dev does not knowingly accept or solicit information from individuals under the age of 18. In compliance with the United States' Children's Online Privacy Protection Act, if we become aware that an individual under the age of 13 has provided personally identifiable information to Poket Dev without parental consent, we will promptly delete that information.
8. Returns and Refunds
Poket Dev maintains the right to assess refund requests on an individual basis and reserves the discretion to accept or deny them, without notice or liability to the Client. Should Client request a refund, all materials produced by Poket Dev are ownership of Poket Dev and are prohibited from being used by the Client in any way. If a refund is deemed to be appropriate, the days already elapsed within the current billable period are non-refundable therefore shall not be considered for a refund and there will be a 40% fee assigned to the remaining billable period. Refunds are subject to Poket Dev's sole discretion and are not guaranteed. Poket Dev reserves the right to take appropriate legal actions against Client for breach of this paragraph or any other paragraph within this Terms of Service.
9. Modification
Poket Dev reserves the right to change, alter, modify, amend, or remove anything or any content on the Website for any reason at its sole discretion. Poket Dev reserves the right to modify or discontinue all or part of the Website without notice and without liability to the Client.
10. Connection Interruptions
Poket Dev does not guarantee or warrant that the website will be available and accessible at all times. Issues with hardware, software, or other factors may result in interruptions, delays, or errors beyond Poket Dev's control. You acknowledge and agree that Poket Dev shall not be held liable for any loss, damage, or inconvenience caused by your inability to access or use the website during any interruption in the connection or service.
11. Governing Law
These Terms of Service shall be governed by and construed in accordance with the laws of the State of Michigan without regard to conflict of law principles.
12. Litigation
Any legal action of whatever nature shall be brought in the state courts of Detroit, Michigan or in the United States District Court for the Eastern District of Michigan. The parties involved consent to the personal jurisdiction of these courts and waive any defenses regarding lack of personal jurisdiction and forum non conveniens concerning venue and jurisdiction. The application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act is excluded from these Terms of Service.
13. Disclaimer
The Poket Dev website and services are provided on an as-is, as-available basis. By using the website and services, you agree that your use is at your sole risk. Poket Dev disclaims all warranties, express or implied, regarding the website and your use thereof, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Poket Dev makes no warranties or representations about the accuracy or completeness of the website or any content therein, or the content of any linked websites. Poket Dev assumes no liability for any errors, mistakes, or inaccuracies in content and materials, personal injury or property damage of any nature resulting from your use of the website. Poket Dev also disclaims any liability for unauthorized access to or use of our secure servers and any personal or financial information stored therein. We do not guarantee uninterrupted transmission to or from the website, nor do we guarantee that the website is free from bugs, viruses, Trojan horses, or similar harmful elements introduced by third parties. We are not responsible for any errors or omissions in content and materials, or for any loss or damage incurred as a result of using any posted, transmitted, or otherwise available content on the website. Poket Dev does not warrant, endorse, guarantee, or assume responsibility for any products or services advertised or offered by third parties through the website, hyperlinked websites, or any other advertising platforms.
14. Limitations of Liability and Indemnification
Poket Dev and its directors, employees, members, independent contractors, or agents shall not be liable to the Client or any third party for any direct, indirect, consequential, incidental, special, or punitive damages, including lost profit, lost revenue, lost data, attorneys' fees, court costs, fines, forfeitures, or other damages or losses arising from the Client's use of the Website or services. The Client agrees to defend, indemnify, and hold harmless Poket Dev and its subsidiaries, affiliates, and all respective officers, members, agents, partners, employees, and independent contractors from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of: (1) use of the Website; (2) breach of these Terms of Service; (3) any breach of the Client's representations and warranties set forth herein; (4) the Client's violation of the rights of any third party, including but not limited to intellectual property rights. Notwithstanding the foregoing, Poket Dev reserves the right, at the Client's expense, to assume control and defense of any matter for which the Client shall be required to indemnify Poket Dev hereunder. The Client agrees to cooperate with the defense of such claims.
15. User Data
Client is solely responsible for all data transmitted to or related to any activity you undertake using our website, services, and any third party tools and services. Poket Dev shall not be held liable for any loss, corruption, or leaking of such data, and you hereby waive any right to take action against Poket Dev in relation to any such loss, corruption, or leaking.
16. Electronic Communications, Transactions, and Signatures
Client hereby consents to receive electronic communications from Poket Dev, and you agree that all agreements, notices, disclosures, and other communications sent via email or through the Poket Dev website satisfy any legal requirement that such communication be in writing. You also agree to the use of electronic signatures, contracts, orders, and other records, as well as electronic delivery of notices, policies, and records of transactions initiated or completed by Poket Dev or through the website. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction that require an original signature or delivery or retention of non-electronic records or to payments or the granting of credits by any means other than electronic.
17. Showcasing Development Work
Poket Dev reserves the right to share development work on digital channels, including social media, website, etc., unless otherwise agreed upon. The Client reserves the right to issue a Non-Disclosure Agreement (NDA) between themselves and Poket Dev. In such cases, Poket Dev will be bound by the terms of the NDA and will refrain from sharing or discussing the Client's work publicly.
18. Referrals
Our referral program is designed to reward our customers for spreading the word about Poket Dev. As part of the program, if you refer someone to Poket Dev and they become a paying customer for at least one month, we will reward you with a $500 referral bonus. Payment will be made via wire/electronic transfer to your provided bank account. A Form 1099-NEC may be required.
19. Miscellaneous
These Terms of Service, along with any policies published on the Poket Dev website or related to the services provided by Poket Dev, constitute the entire agreement and understanding between the client and Poket Dev. The failure of Poket Dev to enforce any right or provision of these Terms of Service shall not be deemed as a waiver of such right or provision. If any provision or part of these Terms of Service is found to be unlawful, void, or unenforceable, that provision shall be severed from these Terms of Service without affecting the validity or enforceability of the remaining provisions. Nothing in these Terms of Service, the Privacy Policy, or on the Poket Dev website shall be construed to create a joint venture, partnership, employment, or agency relationship between the client and Poket Dev.
20. Contact Information
For any questions or concerns, please contact Poket Dev at: hello@poketdev.com.