Acceptance of Terms
These Terms of Use ("Terms") form a binding agreement between you and [LEGAL ENTITY NAME] ("Pocket Elf," "we," "us") governing your access to and use of the Pocket Elf mobile application and pocket-elf.com (together, the "Service"). By checking the box, tapping "I agree," creating an account, or otherwise accessing or using the Service, you affirmatively accept these Terms, our Privacy Policy, our Cookie Policy, and our Subscription & Refunds policy, each incorporated by reference. If you do not agree, do not access or use the Service. If you use the Service on behalf of an organization, you represent that you have authority to bind that organization, and "you" refers to both you and the organization.
Eligibility
You must be at least 18 years old to create and control an account. Users between 13 and 17 may use the Service only under an account created and controlled by a parent or legal guardian, who accepts these Terms on the minor's behalf and is responsible for the minor's use of the Service. Pocket Elf does not knowingly collect personal information directly from children under 13; see our Privacy Policy for our practices under the Children's Online Privacy Protection Act (COPPA). The Service is intended for use within the United States; we make no representation that it is appropriate or available for use elsewhere.
The Service
Pocket Elf helps you remember occasions and generates gift suggestions based on information you provide, including through automated and algorithmic means. Features, suggestion quality, and the scope of the free and paid tiers may change over time, and we may add, modify, or discontinue any feature at our discretion, with reasonable notice for material reductions in paid functionality. THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." We aim for reliable delivery of reminders but do not guarantee that any notification will arrive, given dependencies on third-party carriers, devices, and operating systems outside our control. Gift suggestions and occasion reminders are provided for convenience only and do not constitute financial, medical, legal, or relationship advice; do not rely on the Service as your sole safeguard for anything with legal, financial, health, or safety consequences.
Accounts
You must provide accurate, current information when registering and keep it up to date. You are responsible for maintaining the confidentiality of your login credentials and for all activity under your account, whether or not authorized by you. Notify us immediately at support@pocket-elf.com if you suspect unauthorized access. One account is for one individual (or one parent/guardian acting on behalf of a minor); automated, bulk, or bot-created accounts are prohibited. We may refuse registration or suspend an account at our discretion where we reasonably believe the information provided is false or the account poses a risk to the Service or other users.
Acceptable Use
You agree not to, and not to permit any third party to: (a) harass, stalk, threaten, or track any person, including anyone whose information you enter into the Service; (b) input another person's data without a reasonable basis connected to gift planning, or in a way that person would not reasonably expect; (c) input sensitive categories of information about yourself or others — health conditions, government identification numbers, financial account numbers, precise geolocation, or information about children other than what is reasonably necessary for gift planning — the Service is not designed or secured to handle these; (d) impersonate any person or misrepresent your affiliation with any person or entity; (e) upload or transmit viruses, malware, or other code intended to disrupt the Service; (f) reverse-engineer, decompile, scrape, data-mine, or use automated means to access the Service, or attempt to gain unauthorized access to any account, system, or data; (g) use the Service to build, train, or benchmark a competing product or dataset; (h) infringe any intellectual property, privacy, or publicity right of any person; (i) violate any applicable law, including consumer protection, data protection, and anti-stalking laws; (j) interfere with or overload the Service's infrastructure. We may investigate and take appropriate action, including account suspension or termination, and reporting to law enforcement, for violations of this section.
Third-Party Information You Provide
The Service is built around information you enter about other people (gift recipients). By entering such information, you represent that you have a reasonable basis to hold it for the personal, non-commercial purpose of gift planning, that you are not entering it to build a profile of that person for any other purpose, and that you will remove it if that person asks you to. We do not independently verify the accuracy, legality, or basis of any third-party information you enter, and we have no relationship with and owe no duty to the individuals you add. You agree to indemnify and hold Pocket Elf harmless from any claim, including from the third party themselves, arising out of your entry or use of their information in violation of this section.
Gift Suggestions; Third-Party Sellers
Suggestions are generated using automated and algorithmic methods based on the information you provide and are offered for convenience only; they are recommendations, not endorsements, professional advice, or guarantees of suitability. Prices, availability, and product details shown are supplied by third parties and may change without notice. We are not a party to any transaction with a third-party seller, marketplace, or retailer, and disclaim all responsibility for the price, quality, safety, legality, delivery, or returns of any product purchased through a suggestion.
Intellectual Property
The Service, including its software, design, text, graphics, and Pocket Elf-authored content, is owned by [LEGAL ENTITY NAME] or its licensors and protected by U.S. and international intellectual property laws. "Pocket Elf" and our logos are our trademarks; you may not use them without our prior written consent. Content you submit (such as recipient entries or lists) remains yours; you grant us a limited, worldwide, royalty-free license to host, process, and display it solely to operate and improve the Service for you. If you send us feedback, suggestions, or ideas about the Service, you grant us an unrestricted, royalty-free, perpetual license to use them for any purpose without obligation to you.
Copyright Complaints (DMCA)
If you believe content on the Service infringes your copyright, send a notice meeting the requirements of 17 U.S.C. § 512(c)(3) to our designated agent. If you believe your content was removed in error, you may submit a counter-notice under 17 U.S.C. § 512(g). We terminate accounts of users determined to be repeat infringers, consistent with 17 U.S.C. § 512(i).
Termination
You may stop using the Service and delete your account at any time from Settings in your account. We may suspend or terminate your access if you violate these Terms, pose a risk to the Service or other users, or if we discontinue the Service, and will explain why unless legally prohibited from doing so. Upon termination, your right to use the Service ends immediately; data handling on termination is governed by our Privacy Policy. Sections 6, 8, 9, 11, 12, 13, 14, and 15 survive termination.
Disclaimer of Warranties
TO THE MAXIMUM EXTENT PERMITTED BY LAW, POCKET ELF DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT GIFT SUGGESTIONS OR REMINDERS WILL BE ACCURATE OR TIMELY. SOME STATES DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW: (A) POCKET ELF WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES, OR ANY LOSS OF PROFITS, DATA, OR GOODWILL, EVEN IF ADVISED OF THE POSSIBILITY; AND (B) OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF (I) THE AMOUNT YOU PAID US IN THE 12 MONTHS BEFORE THE CLAIM, OR (II) $100. NOTHING IN THIS SECTION LIMITS LIABILITY THAT CANNOT BE LIMITED UNDER APPLICABLE LAW, INCLUDING FOR GROSS NEGLIGENCE, WILLFUL MISCONDUCT, OR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE, WHERE APPLICABLE.
Indemnification
You agree to defend, indemnify, and hold harmless Pocket Elf, its officers, employees, and agents from any claim, liability, damages, and expenses (including reasonable attorneys' fees) arising from: your breach of these Terms; your misuse of the Service; your entry or handling of another person's information; or your violation of any law or third-party right. We will provide notice of any such claim and may assume control of its defense with counsel of our choosing.
Dispute Resolution Notice, Binding Arbitration, Class Action Waiver
14.1 Informal Resolution.
Before filing a claim, you and Pocket Elf agree to first send a written Notice of Dispute to the other party (to support@pocket-elf.com, or to the address on your account) describing the claim and the relief sought, and to negotiate in good faith for 60 days. Most disputes can be resolved this way.
14.2 Binding Arbitration.
If a dispute is not resolved informally, you and Pocket Elf agree to resolve it through binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, rather than in court, except that either party may bring an individual claim in small-claims court. The Federal Arbitration Act governs the interpretation and enforcement of this section. The arbitrator, not any court, has exclusive authority to resolve any dispute about the interpretation or enforceability of this arbitration agreement.
14.3 Class Action Waiver.
YOU AND POCKET ELF EACH WAIVE THE RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION, OR REPRESENTATIVE PROCEEDING. If this class action waiver is found unenforceable as to a particular claim, that claim (and only that claim) must proceed in court, and all other claims remain subject to arbitration.
14.4 Opt-Out.
You may opt out of this arbitration agreement within 30 days of first accepting these Terms by emailing support@pocket-elf.com with your name and a clear statement that you opt out. Opting out does not affect any other part of these Terms.
Governing Law; Venue
These Terms are governed by the laws of the State of California, without regard to conflict-of-law principles. For any claim not subject to arbitration, the parties consent to the exclusive jurisdiction of the state and federal courts located in California.
Changes to These Terms
We may update these Terms from time to time. We will notify you of material changes by email or a notice in your account at least 20 days before they take effect. Continued use of the Service after changes take effect constitutes acceptance; if you do not agree, you must stop using the Service and may delete your account.
Electronic Communications
By using the Service, you consent to receive communications from us electronically, including notices, disclosures, and agreements, and you agree that electronic communications satisfy any legal requirement that such communications be in writing, to the fullest extent permitted under the U.S. Electronic Signatures in Global and National Commerce Act (ESIGN).
Third-Party Services
Pocket Elf relies on third-party providers to run the Service, including payment processing by [PAYMENT PROVIDER]. These Terms are between you and Pocket Elf only; those providers are not responsible for the Service or its content. Your payments are also subject to [PAYMENT PROVIDER]'s own terms.
General
Force Majeure. We are not liable for delay or failure to perform caused by events beyond our reasonable control. Relationship of the Parties. Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship. Notices. Legal notices to us must be sent to support@pocket-elf.com; we may send notices to you via the email or the notifications associated with your account. No Third-Party Beneficiaries. These Terms do not confer rights on anyone other than you and us. Severability. If any provision is unenforceable, the rest remains in effect. No Waiver. Our failure to enforce a provision is not a waiver of it. Assignment. We may assign these Terms in connection with a merger, acquisition, or sale of assets; you may not assign your rights without our consent. Entire Agreement. These Terms, together with our Privacy Policy, Cookie Policy, and Subscription & Refunds policy, are the entire agreement between you and Pocket Elf regarding the Service. Export Control. You may not use the Service in violation of U.S. export control or sanctions laws.