1. Agreement to Terms
These Terms and Conditions ("Terms") constitute a legally binding agreement between you and Pocket Labs Pty Ltd (ABN 93695191621, ACN 695191621, "Pocket", "we", "us", or "our"), a company registered in New South Wales, Australia.
By accessing or using our wallet pass membership management platform and services ("Services"), you agree to be bound by these Terms. If you disagree with any part of these Terms, you may not access our Services.
2. Description of Services
Pocket provides a SaaS platform that enables businesses to:
- Create and manage digital membership wallet passes for Apple Wallet and Google Wallet
- Send push notifications to wallet pass holders
- Manage customer/member databases
- Integrate with point-of-sale (POS) systems and e-commerce platforms
- Track member engagement and analytics
- Process rewards, credits, and tier-based benefits
3. User Accounts
3.1 Account Creation
You must create an account to use our Services. You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate, current, and complete.
3.2 Account Security
You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must notify us immediately of any unauthorized use of your account.
3.3 Account Eligibility
You must be at least 18 years old and legally capable of entering into binding contracts to use our Services. By creating an account, you represent and warrant that you meet these requirements.
4. Subscription and Payment
4.1 Pricing Plans
Our Services are offered through various subscription plans as described on our pricing page. Prices are in AUD (Australian Dollars) unless otherwise stated.
4.2 Free Trial
New accounts receive a 14-day free trial. No payment is required during the trial period. You may cancel at any time during the trial without charge. After the trial ends, you must select a paid plan to continue using the Services.
4.3 Billing and Payment
- Subscriptions are billed monthly or annually in advance
- All fees are non-refundable except as required by law
- Payment is processed through Stripe
- You authorize us to charge your payment method for recurring subscription fees
- Failed payments may result in service suspension
4.4 Overage Charges
If you exceed your plan's included active wallet passes, overage charges apply as billed in blocks of 1,000 passes (rounded up). Overage charges are billed monthly regardless of your base plan billing cycle.
4.5 Price Changes
We reserve the right to modify our pricing at any time. We will provide at least 30 days' notice of any price increases. Continued use of the Services after a price change constitutes acceptance of the new pricing.
4.6 Taxes
All fees are exclusive of applicable taxes (including GST). You are responsible for paying all applicable taxes associated with your use of the Services.
5. Acceptable Use
You agree not to:
- Use the Services for any unlawful purpose or in violation of any laws
- Infringe upon intellectual property rights of others
- Transmit spam, malware, or harmful code
- Attempt to gain unauthorized access to our systems or other users' accounts
- Interfere with or disrupt the Services or servers
- Use automated systems to access the Services without authorization
- Resell or redistribute the Services without written permission
- Send unsolicited communications to wallet pass holders without proper consent
- Violate privacy laws or regulations including spam and anti-harassment laws
- Use the Services to create fraudulent or deceptive wallet passes
6. Intellectual Property
6.1 Our Intellectual Property
The Services, including all software, designs, text, graphics, logos, and other materials, are owned by Pocket Labs Pty Ltd and protected by Australian and international intellectual property laws. You may not use, copy, or distribute any of our intellectual property without written permission.
6.2 Your Content
You retain all rights to content you upload to the Services ("Your Content"). By uploading content, you grant us a worldwide, non-exclusive, royalty-free license to use, store, display, and transmit Your Content solely to provide and improve the Services.
6.3 Customer Data Ownership
You own all customer and member data you collect through the Services. We do not claim ownership of your customer data and will not use it except as necessary to provide the Services or as required by law.
7. Third-Party Services
Our Services integrate with third-party platforms (Apple Wallet, Google Wallet, POS systems, payment processors, etc.). We are not responsible for the availability, accuracy, or functionality of these third-party services. Your use of third-party services is subject to their respective terms and policies.
8. Data and Privacy
Our collection and use of personal information is described in our Privacy Policy. By using the Services, you consent to our data practices as described in the Privacy Policy.
You are responsible for complying with all applicable privacy and data protection laws when collecting and processing customer data through our Services, including obtaining necessary consents for marketing communications.
9. Service Availability and Support
9.1 Service Uptime
While we strive to maintain high availability, we do not guarantee uninterrupted access to the Services. We may perform scheduled maintenance and may suspend or restrict access for security or operational reasons.
9.2 Customer Support
Support is provided via email and in-app messaging. Response times vary by plan. Enterprise customers receive dedicated account manager support.
10. Termination
10.1 Termination by You
You may cancel your subscription at any time through the Stripe Customer Portal. Upon cancellation, your access continues until the end of your current billing period. No refunds are provided for partial billing periods.
10.2 Termination by Us
We may suspend or terminate your account immediately if you:
- Breach these Terms
- Fail to pay fees when due
- Engage in fraudulent or illegal activities
- Pose a security risk to our Services or other users
10.3 Effect of Termination
Upon termination, your right to access the Services ceases immediately. We will retain your data for 90 days to allow you to export it, after which it will be deleted in accordance with our Privacy Policy.
11. Warranties and Disclaimers
11.1 Limited Warranty
We warrant that the Services will perform substantially in accordance with our documentation. This warranty is subject to proper use of the Services and does not cover issues arising from misuse, third-party software, or circumstances beyond our control.
11.2 Disclaimer
EXCEPT AS EXPRESSLY PROVIDED, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
We do not warrant that the Services will be error-free, secure, or uninterrupted. You use the Services at your own risk.
12. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW:
- OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM OR RELATED TO THE SERVICES SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM
- WE SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION
- THESE LIMITATIONS APPLY EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES
Nothing in these Terms excludes or limits liability for death or personal injury caused by negligence, fraud, or any liability that cannot be excluded by Australian law.
13. Indemnification
You agree to indemnify and hold harmless Pocket Labs Pty Ltd, its officers, directors, employees, and agents from any claims, losses, damages, liabilities, and expenses (including legal fees) arising from:
- Your use of the Services
- Your violation of these Terms
- Your violation of any laws or rights of third parties
- Your Content or customer data
14. Governing Law and Dispute Resolution
14.1 Governing Law
These Terms are governed by the laws of New South Wales, Australia. The application of the United Nations Convention on Contracts for the International Sale of Goods is excluded.
14.2 Jurisdiction
You irrevocably submit to the exclusive jurisdiction of the courts of New South Wales, Australia, and any courts which may hear appeals from those courts, for any dispute arising from or related to these Terms or the Services.
14.3 Dispute Resolution
Before commencing legal proceedings, you agree to first attempt to resolve disputes through good faith negotiation. If informal resolution fails within 30 days, either party may pursue legal remedies.
15. General Provisions
15.1 Modifications
We may modify these Terms at any time. We will notify you of material changes via email or through the Services. Continued use after changes constitutes acceptance of the modified Terms.
15.2 Assignment
You may not assign or transfer these Terms without our written consent. We may assign these Terms without restriction.
15.3 Severability
If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.
15.4 Waiver
Our failure to enforce any right or provision of these Terms does not constitute a waiver of such right or provision.
15.5 Entire Agreement
These Terms, together with our Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and Pocket Labs Pty Ltd regarding the Services.
16. Contact Information
For questions about these Terms:
Pocket Labs Pty Ltd
ABN: 93695191621
ACN: 695191621
Address: 1/84 View St, Gymea, Sydney, NSW 2227, Australia
Email: legal@getpocketpass.com
Support: hello@getpocketpass.com