Terms of Use

This Agreement sets and contains all of the terms and conditions between a User of PocketConfidant AI products and services (“You” “Client” or “User” or any person interacting with PocketConfidant information services) and PocketConfidant.com (the “Site” “Offering” or the “Platform”). PocketConfidant AI reserves the right to change these Terms of Use from time to time as it deems necessary, and will post such changes and their effective date within the current Terms of Use on this website.You may browse this site for personal information. However, please do not copy, distribute, modify, transmit or revise the contents of this site without written permission from PocketConfidant. Neither title nor intellectual property rights are transferred to any third party through the use or access to this site; rather, all rights, title, and interest in and to all aspects of this site remain the sole property of PocketConfidant.POCKETCONFIDANT IS A SOFTWARE COMPANY THAT BUILT A PLATFORM TO PROVIDE USERS WITH COACHING AND COUNSELING SUPPORT. POCKETCONFIDANT DOES NOT OFFER THERAPY DIRECTLY OR SELL THERAPY SERVICES. ALSO POCKETCONFIDANT IS AN INFORMATION SERVICE PROVIDER AND DOES NOT PROVIDE ANY ADVICE OR GUIDANCE ON MEDICAL OR HEALTH RELATED ISSUES.

Acknowledgment

You hereby acknowledge and agree that (i) you are solely responsible for your mental and physical well-being during and after the use of our Digital Tools; (ii) we are not a licensed therapist, career guidance counselor, psychologist, doctor or other medical professional, our Offering do not treat mental disorders as defined by the American Psychiatric Association, and our Offering are not a substitute for counseling, psychotherapy, psychoanalysis, mental health care or substance abuse treatment; and (iii) our digital Offering are not intended to be used in lieu of professional advice.You hereby acknowledge that when providing your email to PocketConfidant Site, Offering and Platform, you agree to be contacted by PocketConfidant AI’s team for information sharing purposes.

Disclaimer of Medical Liability

The content is offered for informational and educational purposes only, and is not intended to be a substitute for medical advice, diagnosis or treatment. PocketConfidant AI does not offer or give medical advice. We do not provide medical or diagnostic services. You should not act upon this information without seeking professional advice and counsel.PocketConfidant Offering is provided through different digital means, such as online platform and messaging platforms, through which users can receive real-time coaching and counseling supporting information. The Platform is accessible via multiple websites, devices, platforms and other means such as cell phones, tablets and other handheld devices and all of our Terms of Use are for all platforms offering this site. PocketConfidant enables you to communicate with an intelligent information system for the purpose of getting information on coaching and counseling.The site is not intended for diagnosis, including information regarding which drugs or treatment that may be appropriate for you, and you should disregard any such drug treatment advice if delivered through the site. You are advised to exercise a high level of care and caution in the use of the site. You agree, confirm and acknowledge that you are aware of the fact that the Offering are not a complete substitute for a face-to-face session by a licensed qualified professional. You should never rely on or make health or well-being decisions purely on use of this site. Furthermore, we strongly recommend that you will consider seeking advice by having an in-person appointment with a licensed and qualified professional.If you are thinking about suicide, or if you are considering taking actions that may cause harm to you or to others, or if you feel that you or any other person may be in any danger, or if you have any medical emergency, you must immediately call the emergency service number and notify the relevant authorities. You acknowledge, confirm and agree that PocketConfidant is not designed for any diagnosis or therapy.

Proper Use of the Site

We do not endorse any specific tests, products, procedures, opinions, or other information that may be mentioned or described in this website. If you rely on any content obtained by you on or through this website, you do so solely at your own risk. You are solely responsible for compliance with the laws and regulations applicable to your place or country of residence and accessing this website from any country where its content does not comply with its laws and regulations is prohibited.You agree that PocketConfidant and its affiliates shall not be liable to you or anyone else for any loss or injury caused in whole or in part by relying upon, using, or interpreting the content or any other information obtained through use of this website. In no event will PocketConfidant or its affiliates be liable to you or anyone else for any incidental, consequential, indirect, special or exemplary damages or lost profits arising out of the use or inability to use the content, the website or any other information obtained through the website, even if PocketConfidant, its affiliates, its licensors, agents or representatives know or have been advised of the possibility of such damages.These excluded damages include, but are not limited to, medical, legal and any other malpractice damage claims or awards, pain and suffering, personal injury/wrongful death, loss of income, loss of consortium, business interruption, medical bills, damages for loss of data, loss of programs, and/or cost of procurement of substitute services or service interruptions. PocketConfidant’s cumulative liability to you or any other party for any loss or damages resulting from any claims, demands, or actions arising out of or relating to the website, the content or these terms of use shall not exceed the fee, if any, paid by you or on your behalf for the use of the website for the prior twelve (12) months.

Hyperlinks

Any link (including a hyperlink, button or referral device of any kind) used on this website is provided for your use and convenience. The appearance of a link on this website does not constitute an endorsement, recommendation or certification by us, nor should the presence of a link in any way be construed as a suggestion that any third party website has any relationship with us. We do not endorse the content on any third-party websites. We are not responsible for the content of linked third-party websites or third-party advertisements, and do not make any representations regarding their content or accuracy. We do not knowingly link to websites that may infringe on valid and existing trademarks, service marks, copyrights or patents. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such websites.

User Is Responsible for All Posts and Communications

Neither PocketConfidant nor its affiliates are under any obligation to respond to messages posted to this site. If you post any information or material to this website you are responsible for such information or material and the consequences of their posting. If you choose to post material, you agree to do so solely for lawful purposes and in compliance with all applicable laws. You expressly agree that we have no responsibility for or control over the information, creations, data or material you may post to this website.We do not and are not responsible for screening or monitoring material posted by you or any other person or entity. If notified by one of our Users of any material that is alleged not to conform to the terms of these terms and conditions, we may investigate the allegation and determine in our sole discretion to remove or request the removal of the material. We reserve the right to remove material that is abusive, illegal, disruptive, or that otherwise fails to conform to these terms and conditions. We reserve the right to edit or delete any material posted on our website, regardless of whether such material violates these standards for content. We have no liability or responsibility to you or any other person or entity for performance or nonperformance of the screening activities set forth above.We further do not represent, warrant or guarantee the truthfulness, accuracy, or reliability of any of the material posted by others on the website. We also do not endorse any opinions expressed by others on the website. You acknowledge that any reliance on content posted by others on the website, and your use of that content, is at your own risk.

Forbidden Material (harmful language, malicious software, solicitation, spam etc.)

All Users expressly agree to not post any material that:
    • Is defamatory, libelous, abusive, or obscene, including, without limitation, material which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, federal, or international law;
    • Infringes on the copyright or any other proprietary right of a third party;
    • Would invade the privacy of any other person;
    • Is intended to advertise to or solicit others without our express permission;
    • Constitutes charity solicitations, chain letters or pyramid schemes;
    • Contains a virus, worm, trojan horse, time bomb, or any other harmful program or component; or
    • Does not generally pertain to the designated topic or theme of the website.
You further expressly agree that you will not:
    • After receiving warning, continue to post material which we have advised you not to post;
    • Create a false identity or forged e-mail address or header, or otherwise attempt to mislead others as to the identity of the sender or the origin of the message;
    • Post, generate or disseminate so-called “spam” or mass-mailings;
    • Harvest or otherwise collect information about others, including email addresses, without their consent;
    • Interfere with or disrupt networks connected to the website, or used for purposes of delivering the content (or violate the regulations, policies or procedures of such networks);
    • Attempt to gain unauthorized access to restricted areas of the website, other accounts, computer systems or networks connected to the website, through password mining or any other means; or
    • Interfere with another User’s use and enjoyment of the website.
We have the right at our sole discretion to remove any content that, we feel in our judgment does not comply with these Terms of Use, along with any content that we feel is otherwise offensive, harmful, objectionable, inaccurate, or violates any 3rd party copyrights or trademarks. We are not responsible for any delay or failure in removing such content. If you post content that we choose to remove, you hereby consent to such removal, and consent to waive any claim against us.

Copyright and Trademarks

All content and materials available on PocketConfidant’s Offering, including but not limited to text, graphics, domain names, code, images and logos are the intellectual property of PocketConfidant, and are protected by applicable copyright and trademark law. Any inappropriate use, including but not limited to the reproduction, distribution, display or transmission of any content on this site is strictly prohibited. PocketConfidant.com is a copyright protected site. All rights reserved.

Password, Email and Honesty Policy for PocketConfidant

By your use of this site, you acknowledge that the information furnished by you is accurate, true and complete, and you will maintain and update such information during your use of this Site so that it will remain true, accurate, current and complete.During your use of this Site or its related Platforms, you may be asked to provide an email address. You remain responsible for maintaining the confidentiality of your email address and any other security information related to your account. You will be fully responsible for all activities that occur under your account, User name or password. You may not use the email address of someone else. PocketConfidant will not be liable for any loss that you incur as a result of someone else using your email address either with or without your knowledge.You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Your continued use of this Offering will signify your acceptance of the changes to the Site or the Terms of Use. If you do not accept the changes, your sole and exclusive remedy is to discontinue using the Site. PocketConfidant may change this Agreement or any part hereof at any time according to its absolute discretion and without any prior notice. Therefore, Member is encouraged to check the terms of this Agreement frequently. By using the service or Site after the changes, Member agrees to be bound by such changes to this Agreement.You agree that we may, at our sole discretion, suspend or terminate your access to all or part of our website with or without notice and any suspected illegal, fraudulent or abusive activity may be grounds for terminating your use of the Site and may be referred to appropriate law enforcement authorities. PocketConfidant reserves the right to remove or delete any information that you may have on file with us, including any account or login information.

Other Legal Terms

Nothing in this Agreement shall be construed as making either party the partner, joint venture, agent, legal representative, employer or employee of the other. Neither party shall have, or hold itself out to any third party as having, any authority to make any statements, representations or commitments of any kind, or to take any action that shall be binding on the other, except as provided for herein or authorized in writing by the party to be bound.No amendment to this Agreement will be effective unless made in writing. The paragraph headings herein are solely for the sake of convenience and will not be applied in the interpretation hereof. If any provision of this Agreement is held by a court of competent jurisdiction to be illegal, invalid, unenforceable, or otherwise contrary to law, the remaining provisions of this Agreement will remain in full force and effect.UNLESS OTHERWISE EXPRESSED, POCKETCONFIDANT.COM EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

Warranties, Disclaimers and Limitations of Liability. YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

YOUR USE OF THE POCKETCONFIDANT SERVICE IS AT YOUR SOLE RISK. THE POCKETCONFIDANT SERVICE AND THE ASSOCIATED MATERIALS AND CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THESE TERMS OF SERVICE, POCKETCONFIDANT, ITS PARENT, SUBSIDIARY AND OTHER AFFILIATED COMPANIES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND OTHER REPRESENTATIVES (COLLECTIVELY, THE “POCKETCONFIDANT PARTIES”), EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE POCKETCONFIDANT PARTIES MAKE NO WARRANTY THAT: (I) THE POCKETCONFIDANT SERVICE WILL MEET YOUR REQUIREMENTS; (II) THE POCKETCONFIDANT SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (III) INFORMATION THAT MAY BE OBTAINED VIA THE POCKETCONFIDANT SERVICE WILL BE ACCURATE OR RELIABLE; (IV) THE QUALITY OF ANY AND ALL PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL, INCLUDING ALL MERCHANDISE, GOODS AND SERVICES, OBTAINED OR PURCHASED BY YOU DIRECTLY OR INDIRECTLY THROUGH THE POCKETCONFIDANT SERVICE WILL MEET YOUR EXPECTATIONS OR NEEDS; AND (V) ANY ERRORS IN THE POCKETCONFIDANT SERVICE WILL BE CORRECTED.THE POCKETCONFIDANT PARTIES SHALL NOT UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF, IN CONNECTION WITH OR RELATING TO THE USE OF OR INABILITY TO USE THE POCKETCONFIDANT SERVICE, INCLUDING ANY LIABILITY: (I) AS A PUBLISHER OF INFORMATION; (II) FOR ANY INCORRECT OR INACCURATE INFORMATION OR ANY ‘BUG’ OF THE POCKETCONFIDANT SERVICE; (III) FOR ANY UNAUTHORIZED ACCESS TO OR DISCLOSURE OF YOUR TRANSMISSIONS OR DATA; (IV) FOR STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR VIA THE POCKETCONFIDANT SERVICE; (V) FOR ANY DISPUTES BETWEEN USERS OF THE POCKETCONFIDANT SERVICE OR BETWEEN A USER OF THE POCKETCONFIDANT SERVICE AND A THIRD PARTY; OR (VI) FOR ANY OTHER MATTER RELATING TO THE POCKETCONFIDANT SERVICE OR ANY THIRD PARTY. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF AN INDIVIDUAL ADVISES THE POCKETCONFIDANT PARTIES OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS OF LIABILITY SET FORTH HEREIN ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN POCKETCONFIDANT AND YOU. THE PRODUCTS, INFORMATION AND SERVICES OFFERED ON AND THROUGH THE POCKETCONFIDANT SERVICE WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS.NOTWITHSTANDING THE FOREGOING, THE SOLE AND ENTIRE MAXIMUM LIABILITY OF THE POCKETCONFIDANT PARTIES FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE OR CLAIM WHATSOEVER, SHALL BE LIMITED TO THE CHARGES PAID BY YOU DIRECTLY TO POCKETCONFIDANT VIA THE POCKETCONFIDANT SERVICE FOR SERVICES PROVIDED SOLELY AND DIRECTLY BY POCKETCONFIDANT TO YOU IN THE SIX MONTHS PRIOR TO SUCH CAUSE OR CLAIM.SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS AND LIMITATIONS MAY NOT APPLY TO YOU. This Terms of Use notice was last updated on March 6th, 2017 and is deemed effective as of this date.

Contacts

For any question or feedback please contact us at hello@pocketconfidant.com