Terms Of Use | Pocket P2P

Terms of Use, Policies and Disclaimers

Your affirmative act of using our website located at www.pocketp2p.com (and all associated sites linked to it) or services ("Pocket P2P") signifies that you agree to the following terms and conditions of use ("Terms of Use"). If you do not agree, do not use Pocket P2P. Pocket P2P is the property of Pocket Fintech (Pty) Ltd ("us", "we" or "our").

1. CHANGES TO THE TERMS OF USE

We may change these Terms of Use at any time. If you continue to use Pocket P2P after we post changes to these Terms of Use, you are signifying your acceptance of the new terms. You will always have access to our Terms of Use and will be able to check it at any time. By reloading this page, you will have the most up-to-date version available to Pocket P2P users.

2. CHANGES TO POCKET P2P

We may discontinue or change any service or feature on Pocket P2P at any time without notice. We do not guarantee backward compatibility of our services and Application Programming Interface (API) in this case.

3. OWNERSHIP OF INFORMATION; LICENSE TO USE POCKET P2P; REDISTRIBUTION OF DATA; NON-DISPLAY USAGE

Unless otherwise noted, all rights, titles, and interests in Pocket P2P, and all information made available through Pocket P2P or our services, in all languages, formats, and media throughout the world, including, but not limited to, all copyrights and trademarks therein, are the exclusive property of Pocket P2P, our partners, affiliates, controlling company or our Data Providers, as defined in section 6 (disclaimer regarding content) below.

All rights, title and interest in and to any data or/and other information provided by any third-party service provider and all such data/information made available by any third-party service provider through Pocket P2P or our services, in all languages, formats and media throughout the world, including all copyrights and trademarks therein, are the property of that third-party service provider, our affiliates or our Data Providers (as applicable).

The content and market data provided on the Pocket P2P platform, including but not limited to charts, alerts, webhooks, and any other forms of information, are licensed for exclusive display-only use. This license is strictly limited to personal or internal business purposes and explicitly prohibits any form of non-display usage. Such prohibited uses include, but are not limited to, any form of automated trading, automated order generation, price referencing, order verification, algorithmic decision-making, algorithmic trading, smart order routing, using data in operations control or risk management programs, or any machine-driven processes that do not involve the direct, human-readable display of such data. Such prohibited cases also include creating products or services based on Pocket P2P content any processing of Pocket P2P's content, or any other use cases that undermine the restrictions in place by the Data Providers.

Notwithstanding the foregoing, it is expressly forbidden not only direct non-display usage by our users but also the development, offering, or utilization of any third-party products, tools or services designed to facilitate or enable such non-display usage of Pocket P2P's content and market data. For the avoidance of doubt, it is hereby explicitly prohibited for any third party to create, offer, or operate any product or service that:

Utilizes, repurposes, or relies upon Pocket P2P's market data, including but not limited to content, charts, alerts, webhooks, and any forms of information provided by Pocket P2P, for any form of automated trading, algorithmic decision-making, or any other non-display purposes.
Facilitates, enables, or encourages Pocket P2P users or any other parties to engage in activities that would constitute a breach of this policy, including but not limited to automated order generation, price referencing, order verification, smart order routing, or the use of Pocket P2P data in operations control, risk management programs, or any machine-driven processes excluding direct, human-readable display.
Claims compatibility with, or advertises the use of, Pocket P2P's features (such as webhooks) for purposes that are explicitly prohibited by Pocket P2P's terms, thereby indirectly contributing to violations of Pocket P2P's usage restrictions.

This policy applies equally to all entities, irrespective of whether they are direct users of Pocket P2P's services or third-party service providers. The provision of features by Pocket P2P, such as webhooks, is intended solely for permissible uses within the scope of display and personal or internal business purposes, as originally defined. Any interpretation, adaptation, or exploitation of these features that contravenes the spirit or letter of this policy is strictly forbidden. Any attempt by a third-party provider to claim non-usage of Pocket P2P’s services as a defense for facilitating prohibited uses of Pocket P2P’s data is hereby declared null and void. The obligations and restrictions contained in this policy apply equally to Pocket P2P’s direct users and to any third-party entities that provide services or products that interact with, or make use of, Pocket P2P’s data, irrespective of their direct engagement with the Pocket P2P platform.

Except as otherwise expressly permitted, our agreements with Data Providers strictly forbid the sublicensing, assigning, transferring, selling, loaning, or any distribution of Pocket P2P content, including market data, for any form of compensation. In addition, you shall not, without the prior expressed written consent of Pocket P2P and the relevant Data Providers, make copies of any of the software or documentation that may be provided, electronically or otherwise, including, but not limited to, translating, decompiling, disassembling or creating derivative works.

Except as otherwise expressly permitted by additional agreement, we do not permit commercial usage of any of our services or APIs. We make no warranty and assume no obligation or liability for third party services or software. Please see section 21 (third party software) below for further information.

Pocket P2P reserves the right to take any and all necessary actions, including legal measures, to ensure compliance with these terms, protect its intellectual property, and maintain the integrity of its services. This encompasses conducting audits or investigations into suspected violations, as well as initiating legal proceedings against any parties — whether users or third-party providers — found to be in breach of these terms. Consequences of such breaches include, but are not limited to, the blocking of the user or visitor, termination of their account, and potential legal penalties. Pocket P2P may terminate access to its services, seek injunctive relief, and demand damages to safeguard its contractual rights and the interests of its data providers and user community. These actions underscore Pocket P2P's commitment to enforcing its policy and preserving the platform's trusted environment.

4. ATTRIBUTION

Pocket P2P grants all users of pocketp2p.com, and all other available versions of the site, to use snapshots of Pocket P2P posts, charts in analysis, press releases, books, articles, blog posts and other publications. In addition, Pocket P2P grants the use of all previously mentioned materials in education sessions, the display of Pocket P2P data during video broadcasts, which includes overviews, news, analytics and otherwise use or promote Pocket P2P data or any products from the Pocket P2P website on the condition that Pocket P2P attribution is clearly visible at all times when such content and products are used.

Attribution must include a reference to Pocket P2P, including, but not limited to, those described herein.

Use of Pocket P2P content during video or other promotions where Pocket P2P attribution is not visible, must include a description of the product used therein. For instance: "Content platform used for this analysis is provided by Pocket P2P," or simply "Content by Pocket P2P." Font size should not be less than 10 PT = 13PX = 3.4MM.

The use of any Pocket P2P products outside the Pocket P2P website, without a proper attribution of Pocket P2P, is not allowed. This extends to any tools (such as widgets) obtained on the Pocket P2P website and utilized on the outside resources, where attribution should remain as was originally designed and intended. Users who disobey this attribution rule herein may be banned permanently, and other legal actions may be taken to ensure compliance. This includes, but is not limited to, cease-and-desist warnings, court orders, injunctions, fines, damages relief, and so on.

5. THIRD PARTY SITES AND ADVERTISERS

Pocket P2P may include links to third party websites. Some of these sites may contain materials that are objectionable, unlawful, or inaccurate. You agree that Pocket P2P shall not be held liable for any trading activities or other activities that occur on any website you access through links on Pocket P2P. We provide these links as a convenience, and do not endorse the content or services offered by these other sites. Any dealings that you have with advertisers found on Pocket P2P are between you and the advertiser and you acknowledge and agree that we are not liable for any loss or claim you may have against an advertiser.

Unauthorized soliciting on Pocket P2P is strictly prohibited and may result in penalties, including, but not limited to, temporary or permanent bans of the account found in violation, and any appropriate and available legal action for monetary and other damages.

6. DISCLAIMER OF WARRANTIES

POCKET P2P WEBSITE AND SERVICES AND ALL INFORMATION, CONTENT, MATERIALS AND PRODUCTS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS WEBSITE AND SERVICES ARE PROVIDED BY POCKET P2P ON AN "AS IS" AND "AS AVAILABLE" BASIS. POCKET P2P MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THAT ANY OF THE INFORMATION AVAILABLE THROUGH OUR SERVICES OR ON POCKET P2P IS ACCURATE, RELIABLE, CURRENT, COMPLETE OR APPROPRIATE FOR YOUR NEEDS. POCKET P2P DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME POCKET P2P MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICE IN ACCORDANCE WITH THE TERMS OF THIS TERMS OF USE. POCKET P2P DOES NOT REPRESENT OR GUARANTEE THAT THE SERVICE WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND POCKET P2P DISCLAIMS ANY LIABILITY RELATING THERETO. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL.

Various information available through our services or on Pocket P2P may be specially obtained by Pocket P2P from professional businesses or organizations, such as exchanges, news providers, market data providers and other content providers (including established financial exchanges), who are believed to be sources of reliable information (collectively, the "Data Providers"). Nevertheless, due to various factors — including the inherent possibility of human and mechanical error — the accuracy, completeness, timeliness, results obtained from use, and correct sequencing of information available through our services and website are not and cannot be guaranteed by Pocket P2P. Similarly, we make no warranty and assume no obligation or liability for scripts, indicators, ideas, and other third-party content. Your use of any third-party scripts, indicators, ideas and other content is at your sole risk.

7. DISCLAIMER REGARDING INVESTMENT DECISIONS AND TRADING

Decisions to buy, sell, hold or trade in securities, commodities and other investments involve risk and are best made based on the advice of qualified financial professionals. Any trading in securities or other investments involves a risk of substantial losses. The practice of trading involves particularly high risks and can cause you to lose substantial sums of money. Before undertaking any trading program, you should consult a qualified financial professional. Please consider carefully whether such trading is suitable for you in light of your financial condition and ability to bear financial risks. Under no circumstances shall we be liable for any loss or damage you or anyone else incurs as a result of any trading or investment activity that you or anyone else engages in based on any information or material you receive through Pocket P2P or our services.

8. DISCLAIMER REGARDING HYPOTHETICAL PERFORMANCE RESULTS

Hypothetical performance results have many inherent limitations, some of which are mentioned below. No representation is being made that any account will or is likely to achieve profits or losses similar to those shown. In fact, there are frequently sharp differences between hypothetical performance results and actual results subsequently achieved by any particular trading program.

One of the limitations of hypothetical performance results is that they are generally prepared with the benefit of hindsight. In addition, hypothetical trading does not involve financial risk and no hypothetical trading record can completely account for the impact of financial risk in actual trading. For example the ability to withstand losses or to adhere to a particular trading program in spite of the trading losses are material points, which can also adversely affect trading results. There are numerous other factors related to the market in general or to the implementation of any specific trading program which cannot be fully accounted for in the preparation of hypothetical performance results and all of which can adversely affect actual trading results.

9. REGISTERED USERS

Certain services, such as saving charts, publishing them or the ability to comment on published content, are available only to registered users of the Pocket P2P website and require you to sign in with a username and password to use them. If you register as a user (a "Subscriber") of any of the features of Pocket P2P, during the registration process you may be prompted to click "Register Now", "Submit" or a similar button; your clicking on such button will further confirm your agreement to be legally bound by these Terms of Use.

In consideration of your use of the Pocket P2P website, you represent that you are of legal age to form a binding contract and are not a person barred from receiving Pocket P2P services under the laws of any country or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Pocket P2P's registration form (the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Pocket P2P has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Pocket P2P has the right to suspend or terminate your account and refuse any and all current or future use of the Pocket P2P services (or any portion thereof).

You represent and warrant that you have all intellectual property rights, including all necessary patent, trademark, trade secret, copyright or other proprietary rights, in and to your content. If you use third-party materials, you represent and warrant that you have the right to distribute third-party material in the content. You agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including patent, privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to submit the material.

We may remove your content without notice if we reasonably believe that you're in violation of our Terms of Use.

10. ACCESS AND SECURITY

You accept responsibility for the confidentiality and use of any username and email address that use to register for your access to and use of our services. You are responsible for maintaining the confidentiality of your password and account and are fully responsible for all activities that occur under your password or account. Pocket P2P cannot and will not be liable for any loss or damage from your failure to comply with this security obligation. You agree to (a) immediately notify Pocket P2P of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Pocket P2P cannot and will not be liable for any loss or damage arising from your failure to comply.

11. PAYMENT AND CANCELLATION OF SERVICE

By ordering any subscription plan on www.pocketp2p.com (including a free trial period), you confirm that you have read and accepted our Terms of Use and you authorize Pocket P2P to automatically charge your bank card, PayPal account or other supported payment method according to the billing period manually selected by you.
All billing is recurring, which means you will continue to get billed until you cancel your subscription. You are solely responsible for properly cancelling your Pocket P2P subscription. An email request or support ticket asking for your subscription to be cancelled is not considered cancellation. You may cancel your subscription anytime by visiting the billing section of your Profile Settings page.
If you cancel the service before your current paid-up period ends, your subscription will remain active until the next due date. After the due date, if no payment is received, your subscription will be stopped. If auto-renewal fails for an annual plan, you will automatically be switched to a monthly plan.
There are no refunds for upgrades to any plan, even if the subscription is cancelled on the same day as the payment has gone through. There are no refunds for any purchases paid using crypto. Please note that users who filed a chargeback/dispute request or a claim are not eligible for a refund.
Our moderators are official Pocket P2P representatives, with the authority to warn or ban users (including those with a paid subscription) when they do not abide by the House Rules. We do not offer refunds in case you are banned from publishing content and interacting with others because your paid subscription and all of its data and/or features are still available during any such ban.
Otomation Soft (Pty) Ltd. may use local subsidiaries or other entities to collect payments in certain geographies. However, all payments will be processed and managed by Otomation Soft (Pty) Ltd and the service will be provided by Pocket P2P, regardless of which entity collects the payment.

12. FEEDBACK TO POCKET P2P

By submitting ideas, content, suggestions, documents, and/or proposals ("Contributions") to Pocket P2P through our contact, timeline, feed or feedback webpages, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) Pocket P2P is not under any obligation of confidentiality, expressed or implied, with respect to the Contributions; (c) Pocket P2P shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) Pocket P2P may have something similar to the Contributions already under consideration or in development; (e) your Contributions automatically become the property of Pocket P2P, without any obligation of Pocket P2P to you; and (f) you are not entitled to any compensation or reimbursement of any kind from Pocket P2P under any circumstances.

13. INDEMNIFICATION

You agree to indemnify and hold Pocket P2P and our subsidiaries, affiliates, officers, agents, directors, owners, founders, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of content you submit, post, transmit, modify or otherwise make available through the Pocket P2P services; your use of the Pocket P2P service; your connection to the Pocket P2P services; your violation of the Terms of Use; your violation of any rights of another; or any action taken by Pocket P2P, acting reasonably, as part of its investigation of a suspected violation of this Terms of Use or as a result of its finding or decision that a violation of this Terms of Use has occurred. This obligation shall survive the termination or expiration of your use of the service.

If you have a dispute with one or more users of Pocket P2P, you agree to release Pocket P2P from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

14. TERMINATION

Upon your request, your account can be deleted from Pocket P2P. You may delete your account at any time by visiting your Profile Settings page. If you requested your account be deleted, we will delete the personal data associated with your account, however certain personal data will be retained if it has been integrated into data that is integral to our systems and site, including data in communications you have sent via our site. This data is necessarily retained for the integrity of the data on the site and our legitimate business purposes, including auditing, security and other legitimate interests (please refer to our Privacy Policy for more information). Your published Contributions will remain on the site in our discretion. Once a Contribution has been published, it becomes part of the communal trading knowledge and should stay that way. This policy prevents users from keeping only their best ideas public, thus keeping everyone honest and maintaining public confidence in the reputation and integrity of the site.

You agree that Pocket P2P may, without prior notice, immediately terminate, limit your access to or suspend your Pocket P2P account, any associated email address, and access to the Pocket P2P services. Cause for such termination, limitation of access or suspension shall include, but not be limited to, (a) breaches or violations of the Terms of Use or other incorporated agreements or guidelines, (b)requests by law enforcement or other government agencies, (c) discontinuance or material modification to the Pocket P2P services (or any part thereof), (d) unexpected technical or security issues or problems, (e) extended periods of inactivity, (f) and/or engagement by you in fraudulent or illegal activities. Further, you agree that all terminations, limitations of access and suspensions for cause shall be made in Pocket P2P's sole discretion and that Pocket P2P shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the Pocket P2P services.

15. EMAILS

By creating an account with Pocket P2P, you agree that Pocket P2P can use your email address to send you marketing materials, service-related notices, important information messages, special offers, etc. You can unsubscribe from this by clicking on the link provided in the emails.

16. HOUSE RULES

By creating and using an account on Pocket P2P you confirm you have read and agree to follow our House Rules.

17. THIRD PARTY SOFTWARE

Our software, website and/or services may include software components supplied by third parties which are utilized by permission of the respective licensors and/or copyright holders on the terms provided by such parties ("Third Party Software"). Pocket P2P expressly disclaims any warranty or other assurance to you regarding Third Party Software. Please note that your use of the Third Party Software will be governed by the terms and conditions of use and privacy policies of the Third Party Software providers and not by these Terms of Use or our Privacy Policy.

18. MARKETPLACE AND FUNDRAISING

Your use of Pocket P2P Products is governed by these Terms and Conditions as applicable, and we process data in accordance with our Privacy Policy.

1. Our Commercial Terms apply to access or use of Commerce Features for a business or commercial purpose.

2. These Terms govern your use of any Payments Features (as defined in those Terms, and currently defined as onsite checkout features that we make available to you in or through Pocket P2P Products that enable Users to initiate payments to you).

3. The Terms govern your use of the Pocket P2P Platform (as defined in the Platform Terms, and currently defined as a set of APIs, SDKs, tools, plugins, code, technology, content and services that enables others to develop functionality, retrieve data from Pocket P2P Products or provide data to us.

4. If you receive from us any information from, about or that can be associated with a User by any means other than via the Pocket P2P Platform, your use of such information is governed by our Privacy Policy.

5. Access to certain Commerce Features may require you to meet the requirements set forth in our Terms. Products or services that you display, promote, offer, market or sell through Commerce Features must comply with our Terms, Polices and, if you use Payments Features. We may modify each from time to time in our discretion.

To the extent that you use other Pocket P2P Products in connection with your use of any Commerce Feature, these Terms are part of the terms that apply to your use of those Pocket P2P Products and those other terms continue to apply. To the extent of any conflict between these Terms and any other terms, these Terms shall govern solely with respect to your use of the Commerce Features (being the Marketplace and Funding).

Your listings and content

1. You grant us certain permissions to use your listings and content. We may display product or service listings shared by you or on your behalf (each a "Product Listing") on the Pocket P2P Products. You grant us a non-exclusive, perpetual, irrevocable, transferable, sub-licensable, royalty-free, worldwide licence to host, use, distribute, modify, run, copy, publicly perform, make available, display, translate and create derivative works of the Product Listings and any other content, data or information shared by you or on your behalf, or accessed by us in connection with the Commerce Features, including photos and videos (together with Product Listings, your "Seller Content"), in connection with the Pocket P2P Products. You represent and warrant that you have all necessary rights in Seller Content to grant us the licences and rights set forth in these Seller Terms.

2. You are responsible for your listings and content. Even if we host and display your Seller Content on Pocket P2P Products, you are solely responsible for the contents of your Seller Content. You must ensure that all Seller Content is true, accurate and complete at all times, including, without limitation, the description, price, applicable taxes or fees, delivery information, required legal disclosures and other advertisement, offer or promotional content. You are solely responsible for setting the price of products or services you offer. If we provide guidance regarding a suggested price for products or services you offer, such guidance is informational only and the decision to accept or reject such guidance is solely yours.

3. You must ensure that your Product Listing provides Users with the terms, conditions and policies that apply to the transaction for that product. You are responsible for displaying, keeping up to date and honouring any sales, returns and/or privacy policies, and all other relevant terms or information or disclosures related to your Product Listings that you want to apply to your interactions with Users or that are otherwise required by law. Any such terms, information or disclosures do not bind us and must not conflict with these Seller Terms or our other applicable terms and policies.

4. You are responsible for applicable taxes relating to your listings and content. Even if we host and display your Seller Content on Pocket P2P Products, you are the seller of record and agree to comply with all applicable tax laws and ordinances. Except as otherwise provided in the Payment Terms, you are solely responsible for all determinations, calculations, collections, withholdings, reporting and remittance of applicable taxes, duties, fees, surcharges and additional charges ("Taxes & Fees") for sales that result from your use of Commerce Features. You are solely liable for all liabilities, including, without limitation, any penalties or interest, taxing jurisdictions may assess as a result of the under remittance or non-remittance of any Taxes and Fees imposed on your products or services.

Your products and services

1. You must comply with our terms and all applicable laws when you use Commerce Features. Your products and services, Seller Content and use of Commerce Features must comply at all times with these Seller Terms, our other applicable terms and policies, and applicable laws, rules and regulations. You agree that you are solely responsible for determining that the Commerce Features are suitable for your intended use.

2. Sales of counterfeit or pirated products and sales prohibited by government sanctions are strictly prohibited. Without limiting the generality of the policies set forth above, you are expressly prohibited from displaying, promoting, offering, marketing or selling counterfeit or pirated products or services through the Commerce Features. You may not use the Commerce Features in connection with any activities, individuals or entities that are located in a country or region that is subject to comprehensive US sanctions law or in a manner that would otherwise violate applicable US or non-US trade sanctions laws.

3. You are responsible for providing customer service to Users in connection with your products and services. You are responsible for providing, managing, paying for and fulfilling any sales, warranty and customer service, returns, refunds or accommodations to Users in connection with your use of a Commerce Feature.

4. Any incentives that we provide do not modify these Seller Terms. You agree that we may offer to fund promotions, discounts or other incentives ("Incentives") to you or directly to Users to encourage engagement with Product Listings or Seller Content, and that our funding of Incentives does not violate any other agreement that you have or alter your obligations under these Seller Terms.

5. You are responsible for ensuring the integrity and safety of your products and services. As between us, you are solely responsible for any defect or non-conformity in any product or service that you offer and for complying with any recall or safety alert, or similar direction or notice, with respect to any product or service related to your Product Listings. You agree to promptly remove any Product Listing upon issuance of any recall or safety alert, or similar direction or notice, or claim of infringement of intellectual property rights with respect to products or services relating to your Product Listings.

6. We may review your Seller Content to ensure the integrity of our services, but this does not change your obligations to us or to Users. These reviews may include automated or other audits of your Seller Content to verify compliance with these Seller Terms and applicable law, but do not mean that we assume any responsibility or liability, or otherwise agree to modify your responsibilities and liabilities under these Seller Terms and applicable law.

 Our services

1. We may modify or cease providing our services. We may modify or cease operating any Commerce Feature, with or without prior notice or liability to you.

2. We provide our Commerce Features as a convenience to you. The Commerce Features, including but not limited to tools we provide that allow you to view information about past transactions, offer Incentives or to calculate default delivery rate, tax rate or other data, are provided as a convenience only. You use them at your sole discretion and risk. We are not responsible for any inaccuracies, errors or liabilities that may arise out of their use. Additional terms may apply to their use.

3. You may use third-party service providers only as permitted by these terms. As used in these Seller Terms, a "Service Provider" means anyone who directly or indirectly provides services to you or to third parties on your behalf. You may use Service Providers in connection with Commerce Features only if you ensure that they comply with these Seller Terms, including your responsibility to protect User Data (as defined below). You are solely responsible for the acts or omissions of your Service Providers, and a failure to comply with these Seller Terms by any of your Service Providers will be deemed a breach by you. In certain circumstances and in order to optimise your use of our Commerce Features, you or your Service Provider may provide us with credentials to act on your behalf with respect to our integration with your Service Provider. We are not responsible for any errors, inaccuracies or liabilities whatsoever in connection with our use of such credentials.

4. We may test improvements that affect your use of our services. From time to time, we test improvements to our audiences and delivery systems, which may affect how your Seller Content is displayed or your use of Commerce Features or other services. Testing is designed to improve the effectiveness of our service, but we are not responsible for any impact to you that may arise from it.

5. We may use automated means to help optimise your listings and content. These means may include use of the Pocket P2P Platform or allowing us to use automated software and create test credentials to retrieve information from domains, web pages or other URLs that you provide. We or any entity acting on our behalf may access, index, cache, analyse or crawl, including through use of automated software, the domains, web pages or URLs associated with your Seller Content in connection with our Commerce Features, enforcement of our Commerce Policies or both. If you provide URLs or similar content in connection with Seller Content, you grant us – and any entity acting on our behalf – the right to access, index, cache, analyse or crawl the URLs and the content available through such URLs or any portion thereof, and based on your account settings, pull updates periodically from such URLs to create, augment or update your Seller Content.

6. We may make ratings and reviews available about you and your listings. We may display ratings and reviews related to you or your Product Listings. We have no responsibility for the content of such ratings and reviews. Except for those ratings and reviews that are part of your Seller Content, you do not own or have any rights in or to such content. You understand that we may use automated software to present more useful ratings and reviews to Users. Any ratings or reviews that you submit shall comply with our policies and applicable law. Without limiting the foregoing, you may not submit or cause or allow others to submit illegitimate or inauthentic ratings or reviews.

7. Other terms may apply to use of certain Commerce Features. If you send us Contact Information in connection with your use of any Commerce Feature, the terms of the Pocket P2P will apply to our processing of such Contact Information. All other data that we receive from you in connection with your use of any Commerce Feature is governed by these Seller Terms.

8. Our role. While we may provide certain services to enable transactions or to help resolve issues with buyers, we have no control over and do not guarantee the performance or actions of any buyer – including the ability of buyers to pay for products or services that you offer – or that a buyer will actually complete a transaction.

Ranking

We use a number of signals to display relevant Product Listings to Users when they browse or search Commerce Features.

Your use of Pocket P2P Users' data

1. You may only use User data in accordance with these Seller Terms. You may only use any User's data, content or other information that you receive from Pocket P2P in connection with your use of the Commerce Features in accordance with (a) our applicable terms and policies, including, without limitation, our Pages, Groups and Events Terms, and Pocket P2P Platform Terms (b) a privacy policy and terms of sale that you make available to Users, and (c) applicable laws, rules and regulations. To the extent that there is a conflict between or amongst any of the above, the most restrictive term, policy, law or regulation shall apply. You may not sell or misuse User Data. Without limiting the generality of the foregoing, you may use User Data (i) to support the transactions arising from the User's use of the Commerce Features or (ii) for any purpose for which you have obtained the valid consent of the User or otherwise have a legal basis. You may not engage in direct email marketing to Users unless the User has opted in to receiving marketing emails from you.

2. We are both independent controllers of User Data. To the fullest extent permitted by the laws of the European Union and United Kingdom, we are considered separate and independent data controllers of the personal information of Users. As such, we each independently determine the purposes and means of processing User Data and therefore are not responsible for your use of User Data. If we are found to jointly control such User Data and we are held responsible in any way for its use, you agree to indemnify us in accordance with Section 8 below. Where you and a third party jointly determine the purposes and means of specific data processing actions with respect to your Product Listings, you agree that you and such party shall be a joint controller of such User Data. In this case, you and such party are responsible for complying with your obligations under applicable law. To the extent that we process User Data as a processor as defined under the laws of the European Union and United Kingdom, our Privacy Policy apply.

3. You will cooperate with us to help ensure User privacy. You will promptly notify us in writing when you become aware of a security incident or receive notice of any regulatory or enforcement inquiry regarding privacy or data security in connection with your use of Commerce Features or User Data, including any involving your Service Providers, unless you are otherwise instructed by a law enforcement or regulatory agency. You will cooperate with us in investigating and remediating a security incident and in responding to a regulatory inquiry or enforcement.

Enforcement of our terms

1. We reserve the right to review your use of Commerce Features and take any actions that we deem necessary or advisable in our discretion to protect us or our Users, which may include remedies up to and including suspension or termination of any or all of our services to you.

2. Our failure to enforce any part of our terms or policies is not a waiver of our right to do so at a later date.

3. In connection with our review of your use of Commerce Features, we may request information from you. You agree to promptly comply with our requests.

Indemnification

In addition to and without limiting the scope of the indemnification obligations set out in the terms and policies listed here:

1. You agree to indemnify and hold us harmless from and against any claims (including but not limited to claims for property damage, bodily injury or death, and to the extent permitted by law, claims based on our negligence), damages, losses and expenses of any kind (including reasonable legal fees and costs) (collectively, "Claims") arising from or related to your sale of products using our Commerce Features, the products that you sell using our Commerce Features, your acts or omissions with respect to User Data or any breach or alleged breach of these Seller Terms.

2. You agree to indemnify and hold us harmless from all Claims related to Taxes and Fees, including any penalties and interest ("Tax Liabilities") that may result from your use of Commerce Features. You agree that (a) we have no liability to you or any taxing jurisdiction for any Tax Liabilities; (b) you are solely responsible and liable for payment of Tax Liabilities and (c) you shall not seek reimbursement from us for Tax Liabilities.

Other terms and conditions

A. If you connect your account from another Pocket P2P Company Product (such as a Pocket Wallet and/or Pocket Pay) to your use of Commerce Features, then these Seller Terms will apply to your use of Commerce Features on those other Pocket P2P Company Products, in addition to the other terms that continue to apply to those products.

B. If you are a business established in the European Union or the United Kingdom and use a Commerce Feature to sell products to consumers located in the European Union or the United Kingdom, you can learn more about your commercial relationship with us by contacting us. The Platform to Business Notice supplements these Seller Terms.

C. These Seller Terms do not create any partnership, joint venture, franchise, sales representative or agency relationship between you and Pocket P2P or an exclusive relationship between us.

D. These Seller Terms do not create any partnership, joint venture, franchise, sales representative or agency relationship between you and Pocket P2P or an exclusive relationship between us.

E. We may change or update these Seller Terms at any time in our sole discretion. If we make changes or updates, we will provide you with notice such as by email or by posting the amended Seller Terms here and updating the "Last Updated" date. All amended Seller Terms will become effective immediately on the date posted unless we state otherwise, and will apply prospectively after such changes and updates become effective. Your continued use of the Commerce Features constitutes acceptance of those changes and updates.

F. We may translate these Seller Terms into languages other than English for your convenience, but to the extent that there are any inconsistencies or conflict between those translations and the English version, the English version will control to the fullest extent permitted under applicable law.

G. If any portion of these Seller Terms are found to be unenforceable, then (except as otherwise provided) that portion will be severed and the remaining portion will remain in full force and effect.

H. You may terminate these Seller Terms at any time by providing us with at least 30 days prior written notice. The following provisions will still apply following any termination of these Seller Terms: Sections 1, 2, 3, 4.B, 4.C, 4.F, 4.H, 6, 7.B, 7.C, 8 and 9.

19. PUBLICATIONS - NO RECOMMENDATION OR ADVICE STATUS

The information and publications are not meant to be, and do not constitute, financial, investment, trading, or other types of advice or recommendations supplied or endorsed by Pocket P2P.

Any statement of view (which may be subject to change without notice) is the author's personal opinion, and the author makes no representations or warranties as to the accuracy or completeness of any information or analysis provided.

The authors and Pocket P2P are not liable for any losses incurred as a result of any investment made on the basis of any perceived recommendation, forecast, or other information presented here.

The contents of these publications should not be interpreted as an express or implicit promise, guarantee, or indication by Pocket P2P that customers will profit or that losses in connection with them can or will be limited if they rely on the information provided.

20. POCKET P2P REFERRAL PROGRAM RULES

Who is eligible to be a referrer?

Any Pocket P2P account holder can become a referrer.

Who is eligible to become a referee?

Your friends or social media followers may be eligible to be referees. Your referee must be a new Pocket P2P user and can’t have more than one account.

How can I use my referral link?

Pocket P2P wants you to share your referral link and earn referral income from Pocket P2P, but you agree that you will not:

Try to get referees by spamming, bulk emailing, or sending large numbers of unsolicited emails. The only people you should be emailing are people you know personally;
Use, display, or manipulate Pocket P2P intellectual property (such as Pocket P2P logos, trademarks, and copyright-protected works) in any way, except as to identify yourself as a Pocket P2P user or a Pocket P2P referrer;
Create or register any (i) businesses, (ii) URLs, (iii) domain names, (iv) software application names or titles, or (v) social media handles or profiles that include the word "Pocket P2P" or any of Pocket P2P's other trademarks or any words that are confusingly similar to Pocket P2P trademarks.
Purchase keywords (including, but not limited to Google AdWords) that contain any of Pocket P2P trademarks;
Use automated systems or bots through any channel to distribute, post, or otherwise share your referral link;
Use scripts or programmed or automatic dialers to send invites or otherwise share your referral link;
Make misleading claims about Pocket P2P, use offensive/abusive content, create fake websites/webpages/social media profiles/apps, misrepresent your connection to Pocket P2P, or otherwise make any false or misleading statements to get a referee to use your link; or
Use your referral link in any manner that violates the law or Pocket P2P House Rules.

How do I earn Pocket P2P?

Referrers get rewarded with Pocket P2P coins for inviting new users that purchase a subscription plan up to 3 levels. As long as you and your referee follow these Rules, as well as Pocket P2P's posted policies, you should receive your Pocket P2P earnings after your referee uses your link to sign up with Pocket P2P and makes their first payment within three months of creating their account. As a result, referrers receive Pocket P2P earnings up to 10% for their purchase of any subscription. To receive Pocket P2P earnings for referring someone who orders a paid plan on Pocket P2P, your referee must be a new Pocket P2P user.

The requirements for receiving, and the amounts of Pocket P2P earnings are subject to change at Pocket P2P’s sole discretion. Pocket P2P may cancel a reward at any time at its sole discretion.

In case your referee files a chargeback or claims a refund for their paid subscription, the reward that you and your referee both received from Pocket P2P will be cancelled.

How do I spend Pocket P2P earnings?

You are able to spend Pocket P2P earnings by purchasing a new subscription or extending an existing one, else you may choose to withdraw your earnings to a PayPal account or Crypto Wallet.

Termination and changes

Pocket P2P reserves the right to change, end, or pause, in whole or in part, any referral program, as well as any referrer’s or referee's ability to participate in any referral program or receive Pocket P2P earnings at any time for any reason, including suspected fraud (including by either the referrer and/or referee), abuse, or any violation of these Rules.

21. BOOSTED ADS, FUND RAISING AND OTHER SERVICES

For any advertisement, content, links, contest, sweepstakes, coupon or other promotion to be offered or promoted by or on behalf of User on the Service (“Boosted Ads”), User (or a third party contracted by Client and for which User is solely responsible) will perform and be solely responsible for such Promotion, including administration of the Promotion, ensuring that the Promotion complies with any and all applicable laws and regulations, setting and enforcing official rules and offer terms, collecting entries, drawing, selecting and notifying winners and timely procuring and fulfilling prizes, premiums or discounts that may be offered in connection with such Promotion (these and other similar obligations the “Promotion Obligations”). No approval by or assistance from Pocket P2P in connection with a Promotion (including as may be specified in an IO or elsewhere) shall reduce or satisfy the Promotional Obligations, and user shall remain solely responsible for the Promotion Obligations. Without limiting the foregoing, Pocket P2P’s review or approval of the official rules, offer terms or regulations for any Promotion shall not constitute a legal opinion as to the legal appropriateness, accuracy or adequacy of those rules or their manner of use, nor a waiver of Pocket P2P’s indemnity rights under this Agreement.

22. LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT POCKET P2P AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, OWNERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSSES (EVEN IF POCKET P2P HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:

THE USE OR INABILITY TO USE THE SERVICE OR THE SOFTWARE OR SYSTEMS THAT MAKE THE SERVICES AVAILABLE;
ANY CHANGES MADE TO THE SERVICE, PRICE OR ANY TEMPORARY OR PERMANENT CESSATION OF THE SERVICE OR ANY PART THEREOF;
THE USE, DISCLOSURE, OR DISPLAY OF YOUR USER-GENERATED CONTENT;
THE UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE AND/OR SEND OR RECEIVE YOUR TRANSMISSIONS OR DATA ON OR THROUGH THE SERVICE;
STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE;
AND ANY OTHER MATTER RELATING TO THE SERVICE.

These Terms of Use, along with any dispute or claim arising from or connected with them (including non-contractual disputes or claims), shall be governed by and interpreted in accordance with the laws of the State of Florida, Miami in United States of America. You hereby consent to the exclusive jurisdiction of the courts located in Miami, USA, for the resolution of any dispute or claim arising from or related to these Terms of Use.

Pocket P2P may update these Rules at any time.