iOS PocketUp Rewards App Terms of Use

Last Updated: December 18, 2024

Introduction

Welcome to PocketUp App, owned and operated by Mistplay, Inc. (“PocketUp,” "we,"

"our", or "us"). PocketUp is an app that rewards you for completing surveys, testing

products, promoting offers, and for everyday tasks(the “App”). These Terms of Use

("Terms") are a legal document between the App users (“User”, “Users”, “you”, or “your”)

and contains important information about your rights and requirements relating to the

services offered by PocketUp in the App(“Services”). This Agreement governs your

access and use of the App and Services.

Please ensure you read these Terms carefully before using the Services. Our Services

include a rewards program defined, managed, and operated by PocketUp (the “Rewards

Program”). Your participation in the Rewards Program may enable you to earn PocketUp

in-app virtual points (“Points”) that can be used to redeem rewards (such as gift cards)

and other offers (“Rewards”).

Here are a few important terms and the sections that cover them:

● If you are under 18, you may not use the Service (Section 1).

● You must be a legal resident of and located in the US (Section 1).

● We collect information you provide directly or indirectly, such as by creating or

modifying your account, requesting Services, redeeming your Rewards,

contacting customer support, or participating in the Rewards Program. These

Terms will remain in full force and effect while you use the Services and/or have a

PocketUp account unless terminated as described below (Section 10).

● The Services include links to third-party websites or apps, subject to their own

sites or services, so be cautious when using them. You are responsible for

reviewing and understanding the terms, conditions, and privacy policies of

third-party websites, applications, or services you visit. Any interactions or

agreements with third-party organizations are solely between you and them

(Section 9).

● BELOW IS A MANDATORY ARBITRATION PROVISION AND WAIVER OF CLASS ACTION

RIGHTS. BY AGREEING TO THESE TERMS, YOU AGREE TO THOSE PROVISIONS (Section

18).

1. Accessing Our Services/Eligibility

To access the Services, you must agree to these Terms. You acknowledge our Privacy

Policy. To access certain features, including the Rewards Program, you must create a

PocketUp account and provide a valid email address, phone number, and login details

you create or you make available through a third party such as Apple. Eligibility for an

account and to use our Services is subject to the following representations and

warranties that you make:

i) all information you share with us is truthful and will remain accurate and

complete;

ii) you have the legal capacity to agree to these Terms;

iii) you are at least 18 years old;

iv) you are a legal resident of, and located in, the United States;

v) you are a human (as opposed to bots, artificial intelligence, and/or automated

programs) and not accessing the Services to engage in fraudulent activity; and

vi) you are not creating or registering another account to use the Services after

having been previously suspended, removed, or otherwise deactivated from using

the Services.

2. Availability of our Services

We are constantly changing and improving our Services and may at any time add or

remove functionalities or features of the Service. New features added to the Services will

become subject to these Terms. We do not guarantee that all Services will be available

at all times, in all locations, to all Users, due to technical, regulatory, and other

restrictions. Content, Rewards Programs, features, and Rewards within the Service may

vary by User and location.

You may not use any technology or technique, such as a VPN service, to obscure or

disguise your location. We may use technologies to secure our platform, prevent

fraudulent activity, verify your geographic location, restrict access to the Services from

other locations, and otherwise enforce these Terms. PocketUp is not liable for any delay

or failure to perform under these Terms resulting from causes beyond PocketUp’s

reasonable control, including, for example, acts of God, war, government mandates,

pandemics, failure of transportation, or misuse of the Services and Rewards Program.

PocketUp reserves the right to withdraw, update, or modify the Services in PocketUp’s sole

discretion. PocketUp will not be liable if, for any reason, all or any part of the Services are

unavailable at any time or for any period. PocketUp may restrict or terminate access to

all or any part of the Services to you or any other Users if it determines, in its sole

discretion, that your use of the App is not authorized or otherwise violates these Terms.

3. Communicating with You

When you access or use the Services, provide your e-mail address during account

creation, add or update your email address in your account settings, or send us e-mails

you are communicating with us electronically. In doing so, you consent to receive e-mail

communications from us. We will communicate with you by e-mail or by posting notices

within the App. You agree that all agreements, notices, disclosures, and other

communications that we provide to you electronically are considered transactional

communications and satisfy any legal requirement that such communication be in

writing. You are responsible for keeping the email you provide to us current to avoid

missing notices about your account, changes to our Terms or a notice regarding

termination of the Service.

4. Account Inactivity

Your account will be deemed inactive, and your Points will expire under the following

circumstances:

i) if you at any time request to stop participating in the Service or

ii) you do not earn any Points or redeem any Points for a Reward within a 90-day

period.

We will give you prior notice of Points expiration by sending you an email at least thirty

(30) days before your points expire. Before the effective date for Points expiration, you

may prevent your account from becoming inactive and your Points from expiring by

doing either of the following:

i) log in to your account and successfully earn Points; or

ii) redeem any of your Points for a reward.

While expired Points cannot be recovered, you may reactivate your inactive PocketUp

account by logging into your account and earning Points. If you reactivate your account,

you agree to all the Terms at that point in time.

5. Rewards Program: Points and Rewards

Earning Points. PocketUp allows you to participate in our Rewards Program and interact

with our participating brands to earn points from various activities, including, for

example, completing surveys, physical activities, playing games, watching videos,

referring friends, making qualified transactions in connection with affiliate programs, or

engaging in any other activity as described in our App or Rewards Program (collectively,

“Rewarded Activities”). Please note that we reserve the right to make changes to our

Rewards Program, including adding, changing, or removing Rewarded Activities, in our

sole discretion, and at any time, including by removing certain types of Rewarded

Activities, experimenting with features or changing the amount of Points that can be

earned for certain Rewarded Activities. As a result, not all users may view or have access

to the same Rewarded Activities as other users. This can depend on a variety of factors,

including user location.

6. Referrals Program

Referral programs are another type of promotion that PocketUp may offer to various

users. Users who opt into the referrals program may receive a unique referral link that

can be shared with invitees to sign up for PocketUp. The user is responsible for obtaining

the necessary legal authorization to share the referral link with invitees. Once an invitee

successfully creates an account with the App and completes the outlined tasks detailed

within the App, the referring user will be rewarded with bonus Points in accordance with

the program description. If you signed up for the App through a referral link and do not

wish for your username or information to be displayed or shared, you may be given the

opportunity to opt-out or otherwise contact PocketUp at

support@pocketupapp.zendesk.com to do so. By opting out of the referrals program, you

may lose or be deducted the bonus Points that you received from your sign-up through

the referral link.

7. Points and the Redemption Process

Points can only be used in exchange for Rewards and have no monetary or other use or

value outside of the PocketUp App. When your Points balance reaches the Lowest

Redemption Quantity ("Lowest Redemption Quantity" shall mean the least value of

Points needed to redeem a Reward, which is subject to change at any time), you may

redeem your Points. There is no automatic redemption of Points. No interest is accrued

on Points. Points are only to be used to redeem Rewards provided by PocketUp. PocketUp

does not guarantee that any particular Reward will be available for any given product for

any specific user at any moment.

Furthermore, not all Rewards may be available to all Users at all times, and different

Rewards may be available to only certain Users. Items for which Rewards are or will be

available are subject to change without notice. PocketUp reserves the right to change,

remove, discontinue, or otherwise alter the availability of Rewards at any time.

Notwithstanding anything contrary in these Terms, you acknowledge and agree that you

shall have no ownership or other property interest in your account and that all rights in

and to your account are and shall forever be owned by and inure to the benefit of

PocketUp. Points are personal, non-exclusive, non-transferable, non-sublicensable,

revocable, and have limited right and license to use that Point only in connection with

your use of the Rewards Program and within the Service. You further acknowledge and

agree that you have no title, ownership, or other proprietary interest in any Rewards and

Points, regardless of any consideration. Your Points balance or any part of it is not

transferable, cannot be divided as part of a settlement, legal proceeding, or death, and

cannot be combined with Points of any other member in the Service. Points may not be

brokered, bartered, attached, pledged, gifted, or sold. Expired Points cannot be

redeemed, and you must be an active User to redeem Points for Rewards.

8. Redemption Process

When you make a request to redeem Points for a Reward, you must select an available

Reward within the App, which could be, for example, a gift card, virtual item(s), or a

discounted or promotional offer. Once a redemption request is approved and we

authorize the Reward to be issued, your Points balance will be reduced by the number of

Points applied toward your selected Reward. All Rewards are non-refundable and may

not be returned or canceled unless we provide an opportunity to cancel the Reward

redemption. We are not responsible or liable for any loss or delay of any Reward once

you have redeemed your Points. If you have any questions or concerns with the

redemption process, contact us at support@pocketupapp.zendesk.com

9. Third-Party Features

The Services may contain links or connections to third-party websites, applications, or

services not owned or controlled by us. When you access third-party websites or use

third-party services, you accept that there may be risks in doing so and that we are not

responsible or liable for your use of such third-party websites or third-party services. We

encourage you to be aware when you leave our Services and App. Please make sure to

review third-parties’ terms and conditions and privacy policies of each third-party

website or service that you visit or utilize. Your interactions with third-party organizations

and/or individuals found on or through their services, as well as any other terms,

conditions, warranties, or representations associated with such dealings, are solely

between you and the respective third-party.

10. Personal Data and Our Use of Cookies

You direct us to collect, store, and otherwise receive, depending on your use of the

Services, includes: i) account information such as name, email, preferences, and chat

comments, ii) social network information based on settings in third-party features that

you provide us access to, iii) demographic and biographical data such as age, gender,

and birth date, iv) device and connection information such as IP address and device

identifier for advertisers (“IDFA”), v) non-precise location data, vi) exact geolocation data

when you seek to redeem Rewards and vii) other voluntary information you provide to us

or direct us to collect. You acknowledge that PocketUp is a data controller in the context

of Services. The user acknowledges that PocketUp uses cookies and similar technologies.

Please refer to our Privacy Notice for more information. To prevent fraudulent account

registration and Reward redemption, we may require you to share your precise

geolocation or your mobile device phone number with us for verification. If you do not

provide the information required for verification, you may be unable to register for the

Services and/or redeem Rewards.

11. Prohibited Conduct and Content

You are required to comply with applicable laws at all times when using the Services and

these rules of conduct. In particular, the following restrictions apply to your use of the

Services. You are not allowed to:

● Create multiple accounts unless PocketUp makes an exception for certain parts of

the Services.

● Transfer or sell a user account to third parties.

● Allow your account to be used on behalf of any third party, including someone not

eligible to use the Services as defined above.

● Allow any other person to access your account.

● Access your account for any purpose other than personal use and not for any

business or commercial purpose.

● When using the Services, you may not use a virtual private network (“VPN”), proxy,

or any other means to obscure the true source of traffic or your location.

● Make use of any means to circumvent the proper functioning of the Services by

methods such as:

i) any electronic means such as an internet bot or web robot (“Bot”) to

generate automated views, clicks or conversions or to scrape or

automatically collect content or data from the App or other parts of the

Services;

ii) software that allows a user to falsify data relating to their phone’s input

or that allows the user to appear to be using their phone when in reality,

they have left it idle (e.g., auto-clicker and autoscrolling programs);

iii) an emulator of any kind to access our App or the Services, regardless of

the platform on which the emulator is being used;

iv) software that can be used to modify surveys or software that can unlock

content for free that would otherwise need to be purchased;

v) any means to distribute harmful or malicious computer code (e.g.,

viruses) via or into the Services;

vi) an account with a rooted device or any device for which the user has

been granted root access or privileged control (rooted devices are not

supported devices and may at any time be blocked from us).

● Use disposable email addresses that automatically forward messages to an

alternate address or that can automatically visit and open verification links sent

to them.

● Access the Services through software and services developed and offered by

PocketUp, whether in the Google Play Store, App Store, on the web, or software

RPocketUp develops for applications provided by third parties.

● Select a username, persona, or bio that is used by, or impersonates, someone else

or that PocketUp reasonably determines is vulgar or offensive or violates someone

else’s rights.

● Engage in any conduct that disrupts or impedes a third party’s use and

enjoyment of the Services.

● Use the Services if you are not at least 18 years old.

● Are located in a country where our Services are not available, or a country that is

subject to embargo by the U.S. or other similar authority.

● Any account, device or User that appears to operate in violation of Section 8

(“Rules of Conduct”) is in material breach of this Agreement and may be

suspected of, and reported to the authorities for, fraudulent activity. If we

reasonably believe that any User activities, gameplay, or Units gained are the

result of fraud, illegality or violation of these Terms, including the Rules of Conduct

in this Section, we will investigate and take action, including but not limited to

removing any Units, suspending access to Units, Rewards, or an account, or

permanently blocking an account or device, with notice where required by law.

We will consider in good faith any information from the User to show that the

account has been used without fraud and in accordance with these Terms. If you

have questions about Mistplay’s assessment of your account’s compliance with

the Rules of Conduct, contact us at support@pocketapp.zendesk.com.

12. Suspension and Termination

You may stop using the Services anytime, for any reason, by uninstalling the App and/or

discontinuing your use of the Services. PocketUp reserves the right to suspend or

permanently terminate these Terms temporarily and your account if:

i) we are required to do so to comply with a legal requirement (e.g., U.S. sanctions

laws) or a court order;

ii) we believe the reason that there has been conducting that creates (or could

create) liability or harm to PocketUp, any third-party;

iii) you materially or repeatedly breach these Terms; or

iv) we wind down or cease making the Services available.

If we cease providing the Services, we will notify you by email or through the App. If

practicable, we will provide you notice beforehand so you can make a redemption

request (subject to any minimum redemption amount for a gift card). If you do not make

a redemption request within the notified period, your Points balance will or may expire. If

you cancel or deactivate your account, any currently existing Points will automatically

expire upon cancellation or deactivation. It is your responsibility to make a redemption

request before cancellation or inactivation.

In addition, we reserve the right to, with or without notice, terminate any account that has

been inactive for a consecutive period of a ninety (90) days. An account is deemed

inactive when: i) no Points have been earned or redeemed and ii) there has been no

access or attempt to access the Services (together “Inactive Accounts”). If the Inactive

Account contains any Points or Rewards, they will be considered void subject to notice,

only if required by local law.

After your account is terminated, you will not be able to access the Services and may not

participate in any of the Services again without PocketUp’s express permission. Any data,

virtual items, accumulated Points, or balances may no longer be available. Termination

of these Terms by PocketUp will not limit nor restrict PocketUp from pursuing any other

remedies available to it, including seeking damages or injunctive relief. You acknowledge

that you will not receive money or any other form of compensation for unused Points

when your account is closed.

13. Intellectual Property

The Services contain copyrighted material, trademarks, materials protected by author

rights, and other proprietary information. All of the elements comprising the Services

(inter alia, texts, images, domain names, trademarks, logos, audio and video files,

software, photos, technology, graphic design, etc.) are protected by intellectual and

industrial property law. The entire contents of the Services are protected as a collective

work and database under copyright and database laws.

PocketUp owns a copyright in the selection, coordination, arrangement, and

enhancement of such content, as well as in the content original to it. Users may not

modify, publish, transmit, participate in the transfer or sale, create derivative works or in

any way exploit any of the content, in whole or in part.

Except if expressly permitted by applicable law, no copying, reproduction, modification,

public communication, assignment, redistribution, retransmission, publication, or

commercial exploitation of downloaded material will be permitted without the express

permission of PocketUp and the copyright owner (if different from PocketUp). In the event

of any permitted copying, redistribution or publication of copyrighted material, no

changes in or deletion of author attribution, trademark notice or copyright notice shall be

made.

14. Warranty Disclaimer

THE SERVICES ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS WITH ALL

FAULTS AND DEFECTS, WHETHER KNOWN OR UNKNOWN, WITHOUT WARRANTY OF ANY KIND.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, POCKETUP (ON ITS OWN BEHALF AND

ON BEHALF OF EACH OF ITS AFFILIATES) EXPRESSLY DISCLAIMS (AND YOU HEREBY WAIVE) ALL

REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE,

WITH RESPECT TO THE SERVICES, INCLUDING ALL (A) IMPLIED WARRANTIES OF

MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SATISFACTORY QUALITY, OR

NON-INFRINGEMENT, (B) REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE

ACCURACY, COMPLETENESS, AVAILABILITY, TIMELINESS, USEFULNESS, OR RELIABILITY OF THE

SERVICE (INCLUDING ANY CONTENT THEREON), AND (C) REPRESENTATIONS AND WARRANTIES

THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE

PRACTICE. WITHOUT LIMITING ANY OF THE FOREGOING, POCKETUP MAKES NO WARRANTY OR

REPRESENTATION OF ANY KIND THAT THE SERVICE WILL MEET ANY OF YOUR REQUIREMENTS,

ACHIEVE ANY RESULT, BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, SYSTEM, OR

SERVICE, OR ARE UNINTERRUPTED, ACCURATE, FREE OF CONTENT ERRORS, VIRUSES,

UNAUTHORIZED ACCESS, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT

YOUR DEVICES, SOFTWARE, DATA OR NETWORKS. POCKETUP WILL NOT HAVE ANY

RESPONSIBILITY OR LIABILITY IN CONNECTION WITH ANY VIRUS, HARMFUL CODE,

UNAUTHORIZED ACCESS, OR THIRD-PARTY MATERIAL. YOU ARE RESPONSIBLE FOR

IMPLEMENTING SUFFICIENT PROCEDURES AND CONTROLS TO SATISFY YOUR PARTICULAR

SECURITY REQUIREMENTS.

15. Limitation of Liability

EXCEPT AS REQUIRED BY LAW, IN NO EVENT WILL POCKETUP, ANY OF ITS AFFILIATES, OR ANY OF

THE RESPECTIVE LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR

DIRECTORS OF ANY OF THE FOREGOING BE RESPONSIBLE OR LIABLE FOR ANY KIND OF

DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE

SERVICES, ACCESS REWARDS, OR ANY THIRD PARTY SERVICES. DAMAGES UNDER THIS

LIMITATION OF LIABILITY INCLUDE DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL,

EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY

(INCLUDING DEATH OR EPILEPTIC SEIZURE TRIGGERED BY AN IMAGE, VIDEO, OR GRAPHIC

WITHIN THE APP OR RELATED TO OUR SERVICES), PAIN AND SUFFERING, EMOTIONAL DISTRESS,

LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR AN ANTICIPATED SAVINGS, LOSS

OF USE, LOSS OF GOODWILL, OR LOSS OF DATA, WHETHER CAUSED BY TORT (INCLUDING

NEGLIGENCE) BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. USER FURTHER

AGREES THAT POCKETUP, ANY OF ITS AFFILIATES, OR ANY OF THE RESPECTIVE LICENSORS,

SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS OF ANY OF THE

FOREGOING SHALL NOT BE LIABLE TO USER NOR TO ANY THIRD PARTY FOR ANY TERMINATION

OF USER ACCESS TO THE SERVICES OR DELETION OF USER DATA. THE FOREGOING DOES NOT

AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW

(INCLUDING CONSUMER PROTECTION LAW). UNDER NO CIRCUMSTANCE SHALL PROCKETUP

MAXIMUM LIABILITY IN CONNECTION WITH THESE TERMS IN THE AGGREGATE EXCEED THE

GREATER OF: (A) THE AMOUNT ACTUALLY PAID BY YOU SPECIFICALLY FOR THE SERVICES; AND

(B) $100.00. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY AND,

SOLELY TO THE EXTENT NOT SO ALLOWED, SOME OR ALL OF THE ABOVE LIMITATIONS OF

LIABILITY MAY NOT APPLY TO YOU. YOU ACKNOWLEDGE AND AGREE THAT THE ABOVE

EXCLUSIONS AND LIMITATIONS OF LIABILITY ARE REASONABLE IN ACCORDANCE WITH EACH OF

YOUR AND POCKETUP OBLIGATIONS AND LEVEL OF RISK UNDER THESE TERMS.

16. Indemnification

You agree to defend, indemnify, and hold harmless PocketUp, its affiliates, and the

respective licensors, service providers, suppliers, officers, directors, employees,

contractors, agents, successors, and assigns of each of the foregoing, as permitted by

law, from and against any and all claims, liabilities, judgments, awards, losses, costs and

damages, including reasonable attorney or legal fees arising out of or relating to: (a)

your access to or use of the Services; (b) your breach of these Terms; or (c) any

unauthorized access to or use of your account on the Services.

17. Governing Law

These Terms shall be governed by and construed in accordance with the laws applicable

in New York, USA, without regard to its conflict of laws principles. For disputes not subject

to Section 18. Mandatory Arbitration and Class Action Waiver, any actions or claims

brought under this Agreement shall be brought before the competent state or federal

courts located in New York, New York, USA.

18. Mandatory Arbitration and Class Action Waiver

BY ACCEPTING THE TERMS YOU AND POCKETUP ARE AGREEING TO GIVE UP ANY RIGHTS TO

LITIGATE ANY AND ALL CONTROVERSIES, CLAIMS, AND DISPUTES ARISING OUT OF OR RELATED

TO THESE TERMS OR THE INTERPRETATION, PERFORMANCE, OR BREACH HEREOF, INCLUDING

ALLEGED VIOLATIONS OF ANY STATE OR FEDERAL STATUTORY OR COMMON LAW RIGHT OR

DUTY AND THE DETERMINATION OF THE SCOPE OR APPLICABILITY OF THIS AGREEMENT TO

ARBITRATE IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR

REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE

IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.

ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE,

WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER

PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS)

BETWEEN YOU AND US ARISING FROM YOUR USE OF THE SITE AND THESE TERMS OF USE, WILL

BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.

The arbitration will be by a single arbitrator administered by the American Arbitration

Association (“AAA”) in accordance with the Consumer Arbitration Rules (the “AAA

Rules”) then in effect, except as modified by this Section. (The AAA Rules are available at

https://adr.org/Rules or by calling the AAA at 1-800-778-7879.) The Federal Arbitration

Act will govern the interpretation and enforcement of this section.

The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability

or enforceability of this arbitration provision, including any unconscionability challenge

or any other challenge that the arbitration provision or the Agreement is void, voidable or

otherwise invalid. The arbitrator will be empowered to grant whatever relief would be

available in court under law or in equity. Any award of the arbitrator will be final and

binding on you and us and may be entered as a judgment in any court of competent

jurisdiction. The arbitrator will have discretion to include the payment of your or our

arbitration costs and legal fees in any award.

You may elect to pursue your claim in small claims court rather than arbitration if you

provide us with written notice (via first class mail to the address set forth below) of your

intention to do so within sixty (60) days after your registration for our Service. The

arbitration or small claims court proceeding will be limited solely to your individual

dispute or controversy.

You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR

POCKETUP WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER

CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A

CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The

arbitral tribunal may not consolidate more than one person’s claims and may not

otherwise preside over any form of a representative or class proceeding. The arbitral

tribunal has no power to consider the enforceability of this class arbitration waiver and

any challenge to the class arbitration waiver may only be raised in a court of competent

jurisdiction.

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE

TERMS OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF

ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS AND SHALL BE DEEMED

PERMANENTLY BARRED.

Notwithstanding anything to the contrary, in addition to any and all remedies available

at law, PocketUp shall be entitled to seek an injunction or other equitable remedies in all

legal proceedings in the event of any threatened or actual violation by you of any of

these Terms.

These binding arbitration provisions shall not apply to the extent prohibited by applicable

law, and if any provision of this Section is found unenforceable in any final,

non-appealable decision by a court of competent jurisdiction, the unenforceable

provisions will be severed and the remaining arbitration terms will be enforced, and any

portion of any claims or actions which may be resolved by arbitration shall be so

resolved, subject to all enforceable provisions of this Section.

19. General Terms

The Terms constitute the entire agreement and understanding between PocketUP and

you (collectively referred to as the “Parties”) with respect to the subject matter hereof

and supersedes all prior or contemporaneous written, electronic, or oral

communications, representations, agreements, or understandings between the parties

with respect thereto. The Parties’ failure to require or enforce your performance of any

specific sections of these Terms or the non-exercise of any right under the Terms shall

not be considered a waiver of the right to rely on that provision in any other instance. In

the event the Terms are terminated, all sections that by their nature are intended to

survive termination of the Terms shall survive, including but not limited to sections

related to intellectual property, warranty disclaimer, limitation of liability, and indemnity,

governing law and jurisdiction, and dispute resolution by binding arbitration. You agree

that you are solely responsible for all applicable federal, state, local or provincial

withholding, taxes, and government fees or costs associated with Points or Rewards and

any exchanges and distributions. If one or more of the provisions of the Terms are held to

be invalid, illegal, or unenforceable in any respect by a court of competent jurisdiction,

then the validity, legality, and enforceability of the remaining sections of the Terms shall

be unaffected.

20. Updating our Terms

We may change or update these Terms for business, legal, or other reasons and will

indicate those changes by updating the Last Updated date above. PocketUp reserves the

right to change or modify any of the sections contained in these Terms, or any policy or

guideline relating to the Services, including, without limitation, the Privacy Notice at any

time and in its sole discretion, including terminating the Reward Program which may

result in expiration of any Points accumulated. From time to time, you should review the

Terms and any changes in policies, guidelines, and documents incorporated in them to

understand the terms and conditions that apply to your use of the Services. We offer our

Services only in accordance with our Terms. If you do not agree to any Terms at any time,

you must immediately stop using the Services, and any balance of Points in your

account will expire according to Section 4. Account Inactivity. If you have any questions

about the Terms, please submit a request at . Any changes or modifications to our Terms

will be effective immediately upon posting the Terms here. Your continued use of the

Services after such time will constitute your acceptance of such changes or

modifications.

If you have any questions regarding these Terms or your use of the Services, please

submit a support request here or support@pocketupapp.zendesk.com.