MOBILE APP TERMS AND CONDITIONS
This document sets out the Mobile App Terms and Conditions of Pocket Space Pty Ltd (ABN 30 697 118 344) (‘Pocket Space’, ‘we’, ‘us’, or ‘our’). We provide a mobile application (App or Software) known as Pocket Space that allows users to track household bills and insurance policies, upload and store documents, receive reminders, manage property-related information, and share relevant information with authorised users (Software).
These terms and conditions (Terms) govern your access to the Software and us providing you any other goods and services as set out in these Terms (Subscription). You can view the most up-to-date version of our Terms at https://pocketspace.com.au (Website). Please read these terms and conditions carefully before agreeing to proceed with your Subscription.
Your Subscription will be the subscription plan selected by you through the App or Website, which may include a monthly or yearly billing option.
Please note that your Subscription will continue to renew indefinitely, and you will continue to incur Subscription Fees, unless you notify us that you want to cancel your Subscription in accordance with clause 14. Please ensure you contact us if you want to cancel your Subscription.
- READING AND ACCEPTING THESE TERMS
- In these Terms, capitalised words and phrases have the meanings given to them where they are followed by bolded brackets, or as set out in the Definitions table at the end of these Terms.
- By creating an Account, clicking to accept these Terms, starting a Free Trial Period, purchasing a Subscription, or otherwise accessing or using Software, you agree to be bound by these Terms which form a binding contractual agreement between you the person acquiring a Subscription (‘you’ or‘your’) and us.
- We may change these Terms at any time by notifying you or updating them on the Website. Your continued use of the Software following such update will constitute your acceptance of the amended Terms.
- ELIGIBILITY
- By accepting these Terms, you represent and warrant that:
- you have the legal capacity and authority to enter into a binding contract with us; and
- you are authorised to use the payment you provided when purchasing a Subscription.
- The Software is intended for use by adults. By using the Software, you represent and warrant that you are at least 18 years old, or that you are using the Software with the involvement and consent of a parent or legal guardian.
(c) We may suspend or terminate access to the Software if we reasonably believe a user does not meet the eligibility requirements in these Terms.
- If you are signing up not as an individual but on behalf of your company, your employer, an organisation, government or other legal entity (Represented Entity), then “you” or “your” means the Represented Entity and you are binding the Represented Entity to this agreement. If you are accepting this agreement and using our Software on behalf of a Represented Entity, you represent and warrant that you are authorised to do so.
- DURATION OF YOUR SUBSCRIPTION
- These Terms commence when you first create an Account, start a Free Trial Period, purchase a Subscription, or otherwise access or use the Software, and continue until your Account or Subscription is cancelled or terminated in accordance with these Terms.
- We may offer a 30-day free trial of the Software (Free Trial Period). During the Free Trial Period, your access may be limited to one user, one property and one share.
- After the Free Trial Period ends, continued access to the Software requires a paid Subscription on a monthly or yearly basis, as selected by you.
- Your paid Subscription will automatically renew for successive monthly or yearly billing periods (as applicable) unless cancelled in accordance with clause 15.
- THE SOFTWARE
- SCOPE OF YOUR SUBSCRIPTION AND THE SOFTWARE
- Subject to these Terms and your selected Subscription, we will provide you with access to the Software and any related documentation or support materials we make available.
- The Software is designed to help users manage and track household bills, insurance policies and related property information, including by uploading documents, using Artificial Intelligence-assisted (AI) scanning or extraction features, receiving reminders, and sharing relevant information with authorised users. Certain features or usage limits may apply during any Free Trial Period or depending on the Subscription selected by you.
- ACCOUNTS
- (Accounts) To use the Software, you may be required to sign-up, register and receive an account through the Website (an Account).
- (Provide Information) As part of the Account registration process and your continued use of the Software, you may be required to provide information such as your name, email address, telephone number, username, password, billing information, property-related information, and other information reasonably required for us to provide the Software. You may also upload documents and other information relating to bills, insurance policies, reminders, property records and sharing permissions.
- (Warranty) You warrant that any information you give to us in the course of completing the Account registration process is accurate, honest, correct and up-to-date.
- (Acceptance) Once you complete the Account registration process, we may, in our absolute discretion, choose to accept you as a registered user for the Software and provide you with an Account.
- DISCLAIMER
- You acknowledge and agree that:
- any information, reminders, extracted data, summaries or other content made available through the Software is provided for general information and convenience only, may not always be complete, current or accurate, and does not constitute financial, legal, insurance or other professional advice; and
- you are responsible for reviewing any information stored, uploaded or extracted through the Software and for independently verifying important dates, amounts, policy terms, renewal dates and other information before relying on it.
- any artificial intelligence or automated tools made available through the Software are used only to assist with scanning, extracting or auto-populating information from documents for user convenience and are not used to make automated decisions about you.
- SOFTWARE
- While your Subscription is active, we grant you a non-exclusive, non-transferable, revocable licence to access and use the Software in accordance with these Terms. During any Free Trial Period, access may be limited to one user, one property and one share. After commencement of a paid Subscription, you may use the Software in accordance with the features and allowances of your selected Subscription, which may include multiple users, properties and sharing permissions.
- We may from time to time, in our absolute discretion, release enhancements to the Software, meaning an upgraded, improved, modified or new versions of the Software (Enhancements). Any Enhancements to the Software will not limit or otherwise affect these Terms. Enhancements may cause downtime or delays from time to time, and credits will not be provided for such downtime.
- We may change any features of the Software at any time on notice to you.
- SUPPORTSERVICES
We will provide general support where reasonably necessary to resolve technical issues with the Software (Support Services). Unless otherwise agreed in writing:
- we will take reasonable steps to provide Support Services where necessary (you must first endeavour to resolve any issues with the Software internally and we will not assist with issues that are beyond our reasonable control);
- we will use our best endeavours to respond to requests for Support Services and you acknowledge that we may not be available 24/7 or respond within a particular time frame;
- you are responsible for all internal administration and managing access, including storing back-up passwords and assisting your Users to access and use the Software; and
- you will not have any claim for delay to your access to the Software due to any failure or delay in Support Services.
- DATA HOSTING
- We will store User Data you upload to the Software using a third party hosting service selected by us (Hosting Services), subject to the following terms:
- (hosting location) You acknowledge and agree that we may use storage servers to host the Software through cloud-based services, and potentially other locations outside Australia.
- (service quality) While we will use our best efforts to select an appropriate hosting provider, we do not guarantee that the Hosting Services will be free from errors or defects or that User Data will be accessible or available at all times.
- (security) We will take reasonable steps to ensure that User Data is stored securely. However, to the maximum extent permitted by law, we do not accept responsibility or liability for any unauthorised access to, destruction of, loss of, damage to, or alteration of User Data caused by events outside our reasonable control, including hacking, malware, ransomware, viruses or other malicious interference.
- (backups & disaster recovery) In the event that User Data is lost due to a system failure (e.g. a database or webserver crash), we cannot guarantee that any backup will be available, or if available that such a backup will be free from errors or defects.
- CLIENT OBLIGATIONS
- GENERAL OBLIGATIONS
- You agree to:
- provide us with all documentation, information and assistance reasonably required by us to provide the Software; and
- provide us with access to any third party or other accounts used by you (including log-in details and passwords), as is reasonably required by us to provide the Software.
- CLIENT MATERIAL
- You warrant that all information, documentation and other Material you provide to us for the purpose of receiving the Software is complete, accurate and up-to-date.
- You release us from all liability in relation to any loss or damage arising out of or in connection with the Software, to the extent such loss or damage is caused or contributed to by information, documentation or any other Material provided by you being incomplete, inaccurate or out-of-date.
- YOUR OBLIGATIONS
- You must, and must ensure that all Users, comply with these Terms at all times.You acknowledge and agree that we will have no liability in respect of any damage, loss or expense which arises in connection with your, your Personnel’s, or any User’s, breach of these Terms, and you indemnify us in respect of any such damage, loss or expense.
- You must not, and must not encourage or permit any User, Personnel or any third party to, without our prior written approval:
- upload documents or information that you do not have authority to upload, share or use through the Software;
- upload any inappropriate, offensive, illicit, illegal, pornographic, sexist, homophobic or racist material using the Software;
- use the Software for any unlawful, fraudulent or improper purpose, or in a way that could damage, disable, overburden or impair the Software;
- upload any material that infringes the Intellectual Property Rights, confidentiality obligations or privacy rights of any third party;
- make copies of the Documentation or the Software;
- adapt, modify or tamper in any way with the Software;
- remove or alter any copyright, trade mark or other notice on or forming part of the Software or Documentation;
- act in any way that may harm our reputation or that of associated or interested parties or do anything at all contrary to the interests of us or the Software;
- use the Software in a way which infringes the Intellectual Property Rights of any third party;
- create derivative works from or translate the Software or Documentation;
- publish, distribute or otherwise make the Software available to third parties except through the sharing functionality expressly permitted by the Software;
- integrate the Software with third party data or Software, or make additions or changes to the Software, (including by incorporating APIs into the Software) other than integrating in accordance with any Documentation or instructions provided by us in writing;
- intimidate, harass, impersonate, stalk, threaten, bully or endanger any other User or distribute unsolicited commercial content, junk mail, spam, bulk content or harassment in connection with the Software;
- sell, loan, transfer, sub-licence, hire or otherwise dispose of the Software or Documentation to any third party, other than granting a User access as permitted under these Terms;
- decompile or reverse engineer the Software or any part of it, or otherwise attempt to derive its source code;
- share your Account login details with any other person, provided that this does not prevent you from sharing information with other authorised users through the sharing functionality made available within the Software. You must immediately notify us of any unauthorised use of your Account or any security breach or suspected security breach;
- make any automated use of the Software and you must not copy, reproduce, translate, adapt, vary or modify the Software without our express written consent;
- attempt to circumvent any technological protection mechanism or other security feature of the Software; or
- If you become aware of misuse of your Subscription by any person, any errors in the material on your Subscription or any difficulty in accessing or using your Subscription, please contact us immediately using the contact details or form provided on our Website.
- You agree, and you must ensure that all Users agree:
- to comply with each of your obligations in these Terms;
- to sign up for an Account in order to use the Software;
- that information stored, uploaded, extracted or shared through the Software may contain errors or omissions and must be independently reviewed before being relied on; and
- that we may cancel your, or any User’s, Account at any time if we consider, in our absolute discretion, that you or they are in breach of, or are likely to breach, this clause 6.
- FEES AND PAYMENT
We may offer a 30-day free trial of the Software (Free Trial Period). During the Free Trial Period, access may be limited to one user, one property and one share. No Subscription Fees are payable during the Free Trial Period. Unless you cancel before the end of the Free Trial Period, your selected paid Subscription may commence immediately after the Free Trial Period ends.
- SUBSCRIPTION FEES
- Youmust pay the subscription fees specified in the App, Website or app store listing for your selected Subscription (Subscription Fees).
- Subscription Fees are payable in advance on a recurring monthly or yearly basis (as selected by you) and are non-refundable except as required by law or as expressly stated in these Terms.
- Your first payment is due at the start of the paid Subscription period, or immediately after the end of any applicable Free Trial Period, and each subsequent payment is due at the start of the next billing period.
- AUTOMATIC RECURRING BILLING
Subject to clause 7.4:
- Your paid Subscription will automatically renew for successive billing periods unless you cancel it before the end of the current billing period in accordance with these Terms or through the applicable app store or payment provider.
- While your Subscription remains active, Subscription Fees will continue to be charged to your nominated payment method, or through the relevant app store or third-party payment provider, at the start of each billing period.
- By purchasing a recurring Subscription, you acknowledge and agree that your Subscription includes an automatic recurring payment feature and that recurring charges will continue until the Subscription is cancelled.
- CHANGES TO SUBSCRIPTION FEES
- We may change our Subscription Fees from time to time by giving you at least 10 Business Days’ notice before the new fees take effect. If you do not agree to the new Subscription Fees, you may cancel your Subscription before the new fees take effect, and the cancellation will take effect at the end of your current billing period.
- LATE PAYMENTS
- We reserve the right to suspend all or part of the Software indefinitely if you fail to pay any Fees in accordance with this clause 7.
- GST
- Unless otherwise indicated, the Fees do not include GST. In relation to any GST payable for a taxable supply by us, you must pay the GST subject to us providing a tax invoice.
- ONLINE PAYMENT PARTNER
- We may use third-party payment processors and platform providers, including app store operators and payment service providers such as Apple, Google, Stripe or other payment providers we choose from time to time, to process Subscription payments (Payment Providers).
- You acknowledge and agree that payment processing may be subject to the terms, conditions and privacy policies of the relevant Payment Provider, and we are not responsible for the operation, availability or security of any Payment Provider platform except to the extent required by law.
- We do not store full credit card details ourselves unless expressly stated otherwise.
- We may correct, or instruct the relevant Payment Provider to correct, any obvious errors or mistakes in processing payments.
- INTELLECTUAL PROPERTY AND DATA
- SOFTWARE CONTENT INTELLECTUAL PROPERTY
- (Our ownership) We retain ownership of all Materials provided to you throughout the course of your Subscription in connection with the Software (including text, graphics, logos, design, icons, images, sound and video recordings, pricing, downloads and software) (Software Content) and reserve all rights in any Intellectual Property Rights owned or licensed by us in the Software Content not expressly granted to you.
- (Licence to you) You are granted a licence to the Software Content in accordance with these Terms and you may make a temporary electronic copy of all or part of any materials provided to you for the sole purpose of viewing them and using them for the purposes of the Software. You must not otherwise reproduce, transmit, adapt, distribute, sell, modify or publish those materials or any Software Content without prior written consent from us or as otherwise permitted by law.
- USER DATA
Our Rights and Obligations
- You grant to us and our Personnel a non-exclusive, royalty-free, non-transferable, worldwide licence to use, host, store, reproduce and otherwise deal with User Data only to the extent reasonably necessary to provide, maintain, secure and improve the Software, to provide support services, to develop aggregated or de-identified insights, and to comply with our legal obligations. We will not use User Data to make automated decisions about you, and any AI or automated processing is limited to document scanning, extraction and auto-population functions made available through the Software.
- We reserve the right to remove any User Data at any time, for any reason, including where we deem User Data to be inappropriate, offensive, illicit, illegal, pornographic, sexist, homophobic or racist.
Your Obligations and Grant of Licence to Us
- You are responsible for ensuring that:
- you have the right to upload and share any User Data you submit through the Software;
- you share User Data only with intended and authorised recipients; and
- your User Data does not breach any law, privacy obligation, confidentiality obligation or third-party right.
- You:
- warrant that our use of User Data will not infringe any third-party Intellectual Property Rights; and
- indemnify us from and against all losses, claims, expenses, damages and liabilities (including any taxes, fees or costs) which arise out of such infringement.
- Your Obligations and Grant of Licence to Us
- You have control over documents uploaded to the Software as follows:
- (Bill scan documents) When you upload or scan a utility bill for AI data extraction, the Software extracts the required information and then automatically deletes the uploaded bill document. Bill documents are not stored permanently in our database or servers.
- (Policy and other uploaded documents) For insurance policies and other manually uploaded documents, you may delete these at any time using the “Delete Document” option in the Software. This performs a hard delete of the document from our systems and database.
- (f) When a document is deleted (whether automatically or by you):
- the source document file is permanently removed from our hosting services and database;
- any data you have manually extracted, entered or saved from that document (such as bill details, policy information, amounts or reminder dates) will remain in your account unless you also delete those entries separately through the Software;
- we may retain de-identified or aggregated data for the purposes described in clause 8.2(a); and
- deleted documents may remain in backup systems temporarily in accordance with our backup and disaster recovery processes as described in clause 5(d).
- THIRD PARTY SOFTWARE & terms
- THIRD PARTY TERMS
- Certain parts of the Software or Subscription process may involve third-party services, platforms or products, including app stores, hosting providers, scanning or infrastructure tools and payment providers.
- Your use of those third-party services may be subject to separate third-party terms and conditions and privacy policies, and we are not responsible for third-party services except to the extent required by law.
- If a third-party service is unavailable, changed or discontinued, certain parts of the Software may be affected.
- CONFIDENTIALITY
- Except as contemplated by these Terms, a party must not, and must not permit any of its Personnel, use or disclose to any person any Confidential Information disclosed to it by the other party without the disclosing party’s prior written consent.
- Each party must promptly notify the other party if it learns of any potential, actual or suspected loss, misappropriation or unauthorised access to, or disclosure or use of Confidential Information or other compromise of the security, confidentiality, or integrity of Confidential Information.
- The notifying party will investigate each potential, actual or suspected breach of confidentiality and assist the other party in connection with any related investigation.
- PRIVACY
- We collect personal information about you in the course of providing you with the Software, to contact and communicate with you, to respond to your enquiries and for other purposes set out in our Privacy Policy which can be found at https://pocketspace.com.au/privacy-policy/
- Our Privacy Policy contains more information about how we use, disclose and store your personal information and details how you can access and correct your personal information.
- By agreeing to these Terms, you agree to our handling of personal information in accordance with our Privacy Policy.
- LIABILITY
- WARRANTIES AND LIMITATIONS
- (Warranties) We warrant that:
- during the Subscription Period, the Software will perform substantially in accordance with the Documentation;
- during the Subscription Period, the Software will be provided as described to you in, and subject to, these Terms; and
- to our knowledge, the use of the Software in accordance with these Terms will not infringe the Intellectual Property Rights of any third party.
- (Errors) We will correct any errors, bugs or defects in the Software which arise during your Subscription and which are notified to us by you, unless the errors, bugs or defects:
- result from the interaction of the Software with any other Software or computer hardware, software or services not approved in writing by us;
- result from any misuse of the Software; or
- result from the use of the Software by you other than in accordance with these Terms or the Documentation.
- (Service Limitations) While we will use our best endeavours to ensure the Software is working for its intended purpose, you acknowledge and agree that from time to time, you may encounter the following issues:
- the Software may have errors or defects;
- the Software may not be accessible at times;
- messages sent through the Software may not be delivered promptly, or delivered at all;
- information you receive or supply through the Software may not be secure or confidential; or
- any information provided through the Software may not be accurate or true.
- (Exclusion) To the maximum extent permitted by applicable law, all express or implied representations and warranties not expressly stated in these Terms are excluded.
- (Consumer law) Nothing in these Terms is intended to limit the operation of the Australian Consumer Law contained in the Competition and Consumer Act 2010(Cth) (ACL). Under the ACL, the Client may be entitled to certain remedies (like a refund, replacement or repair) if there is a failure with the goods or services provided.
- liability
- To the maximum extent permitted by law, the total liability of each party in respect of loss or damage sustained by the other party in connection with these Terms or the Software is limited to the total Subscription Fees paid by you to us in the 6 months immediately preceding the event giving rise to the liability.
- CONSEQUENTIAL LOSS
To the maximum extent permitted by law, neither party will be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue in connection with these Terms or any goods or services provided by us, except:
- in relation to a party’s liability for fraud, personal injury, death or loss or damage to tangible property; or
- to the extent this liability cannot be excluded under the Competition and Consumer Act 2010(Cth).
- UPGRADE AND DOWNGRADES
- You may change your Subscription from monthly to yearly, or from yearly to monthly, or otherwise change your selected plan, using the options we make available from time to time.
- Unless we state otherwise, any downgrade or change to a lower-cost plan will take effect at the start of the next billing period, and no pro-rata refund will be provided for the unused portion of the current billing period except as required by law.
- If you change to a different Subscription or plan, your access to certain features, capacities or sharing allowances may change accordingly.
- CANCELLATION
You may cancel your Subscription at any time through the App, the applicable app store, your payment provider, or by contacting us using the details on our Website. If you cancel, the cancellation will take effect at the end of your current billing period, and you may continue to access the paid features of the Software until that time. No refund will be given for the unused portion of the current billing period except as required by law.
- cancellation for breach
- Either party maycancel your Subscription immediately by written notice if there has been a Breach of these Terms.
- A “Breach” of these Terms means:
- a party (Notifying Party) considers the other party (or any of its Personnel or Users) is in breach of these Terms and notifies the other party;
- the other party is given 10 Business Days to rectify the breach; and
- the breach has not been rectified within 10 Business Days or another period agreed between the parties in writing.
- EFFECT OF TERMINATION
Upon termination of this agreement:
- you will no longer have access to the Software, your Account or your User Data, except to the extent we choose to provide any limited post-cancellation access or export functionality. We may delete or de-identify User Data after cancellation or termination in accordance with our usual systems and retention practices, and you are responsible for exporting or saving any User Data you wish to keep before cancellation or termination takes effect;
- unless required by law, no refund will be payable for any Subscription Fees already paid for the current billing period; and
- the following clauses survive termination or expiry of these Terms: clause 6 (Client Obligations), clause 9 (Intellectual Property and Data), clause 11 (Confidentiality), clause 12 (Privacy), clause 13 (Liability), clause 16 (Indemnity), clause 18 (General), and any other clause which by its nature is intended to survive.
- DISPUTE RESOLUTION
- A party claiming that a dispute has arisen under or in connection with this agreement must not commence court proceedings arising from or relating to the dispute, other than a claim for urgent interlocutory relief, unless that party has complied with the requirements of this clause.
- A party that requires resolution of a dispute which arises under or in connection with this agreement must give the other party or parties to the dispute written notice containing reasonable details of the dispute and requiring its resolution under this clause.
- Once the dispute notice has been given, each party to the dispute must then use its best efforts to resolve the dispute in good faith. If the dispute is not resolved within a period of 14 days (or such other period as agreed by the parties in writing) after the date of the notice, any party to the dispute may take legal proceedings to resolve the dispute.
- FORCE MAJEURE
- We will not be liable for any delay or failure to perform our obligations under this agreement if such delay or failure arises out of a Force Majeure Event.
- If a Force Majeure Event occurs, we must use reasonable endeavours to notify you of:
- reasonable details of the Force Majeure Event; and
- so far as is known, the probable extent to which we will be unable to perform or be delayed in performing its obligations under this agreement.
- Subject to compliance with clause 16(b), our relevant obligation will be suspended during the Force Majeure Event to the extent that it is affected by the Force Majeure Event.
- For the purposes of this agreement, a ‘Force Majeure Event’ means any:
- act of God, lightning strike, meteor strike, earthquake, storm, flood, landslide, explosion or fire;
- strikes or other industrial action outside of the control of us;
- war, terrorism, sabotage, blockade, revolution, riot, insurrection, civil commotion, epidemic, pandemic; or
- any decision of a government authority in relation to COVID-19, or any threat of COVID-19 beyond the reasonable control of us, to the extent it affects our ability to perform our obligations.
- NOTICES
- A notice or other communication to a party under these Terms must be:
- in writing and in English; and
- delivered via email to the email address you provided when creating your Account (Email Address). The parties may update their Email Address by notice to the other party.
- Unless the party sending the notice knows or reasonably ought to suspect that an email was not delivered to the other party’s Email Address, notice will be taken to be given:
- 24 hours after the email was sent, unless that falls on a Saturday, Sunday or a public holiday in the state or territory whose laws govern this agreement, in which case the notice will be taken to be given on the next occurring business day in that state or territory; or
- when replied to by the other party,
whichever is earlier.
- GENERAL
- GOVERNING LAW AND JURISDICTION
- This agreement is governed by the law applying in New South Wales, Australia. Each party irrevocably submits to the exclusive jurisdiction of the courts of New South Wales, Australiaand courts of appeal from them in respect of any proceedings arising out of or in connection with this agreement. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.
- WAIVER
- No party to this agreement may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.
- SEVERANCE
- Any term of this agreement which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of this agreement is not limited or otherwise affected.
- JOINT AND SEVERAL LIABILITY
- An obligation or a liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally.
- ASSIGNMENT
- A party cannot assign, novate or otherwise transfer any of its rights or obligations under this agreement without the prior written consent of the other party.
- ENTIRE AGREEMENT
- This agreement embodies the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of this agreement.
- INTERPRETATION
- (singular and plural) words in the singular includes the plural (and vice versa);
- (currency) a reference to $; or “dollar” is to Australian currency;
- (gender) words indicating a gender includes the corresponding words of any other gender;
- (defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;
- (person) a reference to “person” or “you” includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;
- (party) a reference to a party includes that party’s executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;
- (this agreement) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of this agreement, and a reference to this agreement includes all schedules, exhibits, attachments and annexures to it;
- (document) a reference to a document (including this agreement) is to that document as varied, novated, ratified or replaced from time to time;
- (headings) headings and words in bold type are for convenience only and do not affect interpretation;
- (includes) the word “includes” and similar words in any form is not a word of limitation; and
- (adverse interpretation) no provision of this agreement will be interpreted adversely to a party because that party was responsible for the preparation of this agreement or that provision.
- CONTACT US
For further information about our Mobile App Terms and Conditions, please contact us using the details set out below:
Name: Pocket Space Services Team
Email: pocketspace@icloud.com
Our Mobile App Terms and Conditions were last updated on 15 May 2026.
DEFINITIONS
| Term |
Definition |
| App or Software |
means the Pocket Space mobile application, including any updates, enhancements or related features made available by us from time to time. |
| Confidential Information |
means information of or provided by a party that is by its nature is confidential information, is designated by that party as confidential, or that the other party knows or ought to know is confidential, but does not include information, which is or becomes, without a breach of confidentiality, public knowledge. |
| Documentation |
means all manuals, help files and other documents supplied by us to you relating to the Software, whether in electronic or hardcopy form. |
| Free Trial Period |
means any free trial period of the Software offered by us, including the 30-day trial described in these Terms. |
| Hosting Services |
has the meaning given in clause 5. |
| Intellectual Property Rights |
means any and all present and future intellectual and industrial property rights throughout the world (whether registered or unregistered), including copyright, trade marks, designs, patents, moral rights, semiconductor and circuit layout rights, trade, business, company and domain names, and other proprietary rights, trade secrets, know-how, technical data, confidential information and the right to have information kept confidential, or any rights to registration of such rights (including renewal), whether created before or after the date of this agreement. |
| Material |
means tangible and intangible information, documents, reports, software (including source and object code), inventions, data and other materials in any media whatsoever. |
| Payment Providers |
means third-party payment processors and platform providers used to process Subscription Fees, including app store operators and other payment service providers selected by us from time to time. |
| Personnel |
means, in respect of a party, its officers, employees, contractors (including subcontractors) and agents. |
| Software Content |
has the meaning set out in clause 8. |
| Subscription |
has meaning given in the first paragraph of these Terms. |
| Subscription Fees |
has the meaning set out in clause 7 of these Terms. |
| Support Services |
has the meaning given in clause 4.5. |
| User |
means you and any third party end user of the Software who you make the Software available to. |
| User Data |
means any files, data, document, information or any other Materials, which is uploaded to the Software by you or any other User or which you, your Personnel or Users otherwise provide to us under or in connection with these Terms, including any Intellectual Property Rights attaching to those materials. |
| Website |
means the website at the URL set out in the first paragraph of these Terms, and any other website operated by us in connection with the Software. |