Pocket Power Terms of Use
Terms of Use
The following General Terms and Conditions provide the legal framework for using the Pocket Power App website (www.pocketpower.pro) and the Pocket Power App. Therefore please carefully read these General Terms and Conditions.
Last revised: April 2026
1. Applicability
1.1 Contract partners and contract subject matter
These General Terms and Conditions provide the basis for the user agreement resulting between you and us, Pocket Power App, 28 Admirals Walk, Southend on Sea, Essex, SS3 9HS, United Kingdom (hereinafter “Us” or “We”). The contract subject matter is the free or paid use of services offered by Us on the website www.pocketpower.pro or the Pocket Power App app (hereinafter individually referred to as an “Pocket Power App Service” or, collectively, as the “Pocket Power App Services” or, generally, “Pocket Power App”).
1.2 Additional terms and conditions
We reserve the right to make your use of certain Pocket Power App Services subject to additional terms and conditions. We will notify you before using such additional terms and conditions.
If you use Pocket Power App Services via the Pocket Power App app and you have downloaded the Pocket Power App app from the app store of a third party, the general terms and conditions and/or terms of use of the app store will apply in addition to these General Terms and Conditions. In the case of the iTunes store, such terms include, for example, the “End User Licence Agreement for Licensed Applications”. You will find the terms of use for Google Play, for example, in the Google Play terms. Please be sure to review the terms of use that apply in your country.
In the event of any conflict, these Terms of Use will prevail, except to the extent that mandatory app store terms are required to apply by law.
2. Health Requirements
You will use the Pocket Power App Services at your own risk.
Any time you use the Pocket Power App Services you must be in good health. If you have any known pre-existing illnesses or health conditions, please first consult a physician or other suitably qualified healthcare professional before you begin to use the Pocket Power App Services. This is particularly important if you suffer from any cardiovascular conditions, spinal and/or joint problems, metabolic conditions, allergies, food intolerances, pregnancy-related conditions, mental health concerns, or any other health limitations that may affect your use of the Pocket Power App Services.
Please do not use the Pocket Power App Services if, for example, you experience considerable pain, general malaise, shortness of breath, nausea, dizziness, allergic reaction, unusual symptoms, or any other adverse physical or mental response. In such cases please consult a physician or other suitably qualified healthcare professional before you begin or continue to use the Pocket Power App Services.
3. Participation Requirements
To open a user account and to use the Pocket Power App Services you must be at least 18 years old and have full legal capacity.
By entering into a contract with Us you represent that you have no other user account with Us and that your user account has not been suspended or cancelled in the past due to violations of our Terms of Use. In such cases We will not enter into another or new user agreement with you.
You also represent that all information provided by you during the registration process is true and complete.
4. Conclusion of Contract, User Account
4.1 Registration process
To use the Pocket Power App Services, you must register and create a user account through the Pocket Power App. During the registration process, you will be required to provide certain information and to accept these General Terms and Conditions and our Data Privacy Policy.
You are responsible for ensuring that all information provided during registration is accurate, complete, and kept up to date. You must not create multiple accounts or impersonate any other individual.
4We reserve the right to refuse registration, suspend access, or terminate user accounts where false, misleading, or incomplete information has been provided, or where these Terms of Use have been breached.
4.2 Registration via mobile apps
If you want to register through the Pocket Power App app, a user agreement will result according to the rules of your app store. As a general rule, a binding contract will result at the moment you click on the “Install” button in the store and you enter your password. To use the Pocket Power App Services, you must however still open a user account through the Pocket Power App app.
4.3 Conclusion of contract for paid subscription
The Pocket Power App Services are provided free of charge.
From time to time, the Pocket Power App may offer optional in-app purchases relating to third-party content or services, including but not limited to subscription-based membership areas operated by Resident or Guest Teachers.
Where such in-app purchases are made, a binding contract will be formed between you and the relevant app store provider at the point of purchase. Payment processing, billing, and subscription management will be handled by the app store provider in accordance with their terms.
Pocket Power acts solely as a platform provider in relation to such purchases and does not assume responsibility for the delivery, quality, or ongoing provision of any third-party membership, content, or services.
4.4 Correction of input errors
If you make an in-app purchase through the Pocket Power App, payment processing and transaction handling are carried out by the relevant app store provider. Any corrections to payment details, billing issues, or transaction errors must be addressed directly through the app store provider in accordance with their applicable terms.
Pocket Power does not control or manage payment processing systems operated by third parties and accepts no responsibility for errors arising in connection with such systems.
5. Contract Terms
5.1 User agreement
The user agreement between you and Us that results when you open a user account will remain in effect for an indefinite term and will end when you delete the Pocket Power App app and terminate the user agreement.
5.2 Subscriptions and cancellations
The Pocket Power App is provided as a free platform. Optional paid features may be made available through in-app purchases, including subscription-based access to content, programmes, or membership areas offered by Resident or Guest Teachers.
Where you subscribe to such services, billing will be managed through your app store account and will be subject to the terms and conditions of the relevant app store provider.
Subscriptions may be cancelled at any time via your app store account settings. Upon cancellation, access to the relevant subscription will continue until the end of the current billing period, after which it will terminate automatically. Unless otherwise required by applicable law, payments already made are non-refundable.
Pocket Power does not control, administer, or assume responsibility for subscription terms, content delivery, or the ongoing relationship between you and any Resident or Guest Teacher.
6. Right of revocation
In some countries you have a legal right of revocation. This is the case, for example, in all countries of the European Union. You can find out whether you have a legal right of revocation by referring, for example, to the terms of use of your app store. Please refer to those terms of use to find out to what extent you have such rights. In the United States, for example, you may have no right of revocation.
If you have a legal right of revocation, please read the following information about how you can exercise this right and what revocation will mean for you.
6.1 Information about revocation
If you have a legal right of revocation, this right will come into existence as soon as you enter into a user agreement or subscription agreement with us.
You may revoke the contract within 14 days of the contract date for any or no reason, in which case the contract will be unwound.
To exercise your right of revocation, you must clearly notify Us (e.g., by letter or email) that you no longer wish to be bound by the contract. For this purpose you may, but do not have to, use the attached standard revocation form. Any clear notice will suffice. If you exercise this option, We will confirm receipt of your notice of revocation (e.g., by email). Your notice of revocation will be timely as long as you send it before the revocation period has expired. Please address any notice of revocation to the following address:
Pocket Power App
28 Admirals Walk
Southend on Sea, Essex
SS3 9HS. United Kingdom
If you revoke the contract, the contract will be unwound. You will receive a refund for any payments you have already made for the revoked contract. We will issue the refund at the latest 14 days after We receive your notice of revocation. The refund will be made by the same method you used for the original transaction, unless We expressly agree otherwise with you.
If you have requested that services begin during the notice period for revocation, you must compensate Us in a reasonable amount for any services you have already received. This will be a prorated amount of the total amount due for the booked service, based on the time period from the start date of service until the date you provide Us with notice of revocation.
6.2 Standard form for notice of revocation
You may use the following form for your notice of revocation.
Please be sure to always tell Us which Pocket Power App service you wish to revoke. You can simply send Us an email to help@pocketpower.pro
You can also mail your notice of revocation to the following address:
Pocket Power App
28 Admirals Walk
Southend on Sea, Essex
SS3 9HS. United Kingdom
You can copy and paste into an email or print out the following text for your notice of revocation:
I/We () hereby revoke the contract for the purchase of the following product ()/the following service () made by me/us ()
Ordered/received on (*)
Name of User (…)
Address of User (…)
Signature of User (…)
Date
(*) please delete inapplicable alternative
7. Termination
7.1 User agreement
You may terminate your user account at any time directly through the Pocket Power App.
Upon termination, your access to the Pocket Power App Services will cease and your account data will be deleted or anonymised in accordance with our Data Privacy Policy.
Please note that termination of your user account does not automatically cancel any active in-app subscriptions, which must be managed separately through your app store account.
Pocket Power reserves the right to suspend or terminate your user account at any time where you breach these Terms of Use or where continued provision of the Services is no longer reasonably practicable.
7.2 Subscriptions
Any subscriptions made through the Pocket Power App relate to optional third-party content or services provided by Resident or Guest Teachers.
Such subscriptions are not subject to fixed-term contractual obligations and may be cancelled at any time through the relevant app store account. Cancellation will take effect at the end of the current billing period.
Pocket Power does not guarantee the availability, continuity, or quality of any third-party subscription content and accepts no liability in relation to such services.
7.3 Termination for good cause
Irrespective of the foregoing provisions, either party has the right to terminate the user agreement for good cause.
In particular, Pocket Power may suspend or terminate your access to the Services with immediate effect where you seriously or repeatedly breach these Terms of Use, misuse the platform or its features, or engage in unlawful, harmful, or abusive behaviour.
Where applicable, termination will not affect any existing obligations or rights accrued prior to termination.
8. Pocket Power App Services
The Pocket Power App is provided as a free platform, granting users access to a range of features relating to physical activity, nutrition, wellbeing, and lifestyle management.
From time to time, the platform may include optional paid content or membership areas provided by Resident or Guest Teachers, which may be accessed through in-app purchases.
When you download and use the Pocket Power App app, in particular through third-party networks or in other countries, you may incur transmission charges of your Internet service provider.
We strive to provide you with uninterrupted operation of the Pocket Power App Services and to make those services available as continuously as possible. We advise you however that full or uninterrupted availability is technically impossible, and We make no warranty for uninterrupted operation or any particular availability.
Our applications are continuously updated and adjusted for your security and for the stability of our applications. As a result, system requirements may change. We assume no obligation to make available to you any application (such as the Pocket Power App app) that will be functional on your terminal device at all times, if functionality on your terminal device should be limited by technological changes.
We reserve the right to change our business model at any time and, for example, to provide any or all Pocket Power App Services only in exchange for payment. You will then have the option to decide whether you wish to continue using the Pocket Power App Services in exchange for payment or stop using the Pocket Power App Services. Any such changes will have no effect on existing subscriptions until the end of the contract term.
Our understanding of human health and athletic performance is evolving on a continuous basis. This may affect how workouts, recipes, nutrition guidance, wellbeing content, and other information are evaluated. Even though our workouts and information are based on current studies, findings, and sources that We consider appropriate, We make no guarantee that our workouts, information, recipes, nutritional guidance, wellbeing content, or other materials are accurate, complete, suitable for your individual circumstances, or in conformity with current research results or findings.
Please note that you may need certain tools, ingredients, or workout equipment to be able to fully use some Pocket Power App Services. Such tools, ingredients, or equipment are not part of the Pocket Power App Services and, if needed, must be purchased separately by you at your own cost and used at your own risk.
In addition to the foregoing, the Pocket Power App Services may include features relating to nutrition, recipes, food tracking, barcode scanning, and general dietary guidance. Such content and features are provided for general informational purposes only and are not intended to constitute medical, dietary, or nutritional advice. You are solely responsible for determining whether any information, guidance, ingredient, or product is suitable for your individual circumstances.
The Pocket Power App Services may also include artificial intelligence-powered features, including but not limited to PAPi, which generate responses, suggestions, plans, or insights based on available data and user input. Such outputs are generated automatically and may be inaccurate, incomplete, or not up to date. Pocket Power App does not guarantee the accuracy, completeness, reliability, or suitability of any AI-generated content. You acknowledge that such content is provided for general informational purposes only and must not be relied upon as a substitute for professional advice.
9. Food, Nutrition and Recipes
The Pocket Power App Services may include recipes, meal plans, ingredient suggestions, nutritional information, food logs, symptom-related food information, food demonstrations, and other food-related content. Such information is provided for general guidance only.
Ingredients, nutritional values, dietary suitability, and allergen information may vary depending on the product, brand, manufacturer, preparation method, portion size, storage, substitutions, contamination risk, and other factors beyond our control. Pocket Power App does not guarantee that any food-related content is accurate, complete, suitable, safe, or appropriate for your individual dietary requirements, preferences, intolerances, allergies, or restrictions.
You are solely responsible for checking all ingredients, product labels, packaging, preparation methods, and allergen information prior to purchasing, preparing, or consuming any food or drink. Pocket Power App accepts no liability for any allergic reactions, dietary issues, intolerances, food-related illness, or other health outcomes arising from reliance on such information.
10. Barcode Scanner and Product Information
The Pocket Power App Services may include a barcode scanning feature that retrieves product information from third-party databases or other external data sources.
While We aim to provide helpful information, such data may be inaccurate, incomplete, unavailable, delayed, or out of date due to changes in product formulations, manufacturing processes, supplier information, packaging updates, data source errors, technical limitations, or network-related issues. Pocket Power App does not independently verify all barcode scanner results or product data.
You must not rely on barcode scanner results for allergen safety, ingredient verification, dietary suitability, medical purposes, or any other decision where accuracy is important. You are solely responsible for checking the product’s official packaging and label before purchase, preparation, use, or consumption. Pocket Power App accepts no liability for any reliance placed on information provided through the barcode scanner feature.
11. Rights and Obligations of the User
11.1 Individual subscription
The Pocket Power App Services are offered exclusively to Users. This means you may not use the Pocket Power App Services for business or other commercial purposes. You may not allow any third parties to use your user account, and you are not permitted to use paid services simultaneously on multiple terminal devices, unless such use is expressly permitted under the terms of the offered service; allow any third parties to access or perceive the Pocket Power App Services, e.g., an undefined group of people by using the services in a public area (e.g., movie theatres, theatres, exhibitions, showrooms, hotels, bars, restaurants, or other public areas); make accessible or transfer to any third parties access data transmitted or used for authentication or identification purposes; circumvent any access control systems for paid services or take any other action to use services without authorisation; introduce into our IT systems any viruses, worms, Trojan horses, or other malware that may jeopardise or impair the functionality of the Pocket Power App Services; or transfer or assign any rights or obligations under your contract with Us to any third parties. When using the Pocket Power App Services you must also comply with the terms of contracts with third parties, in particular contracts with the app store or your Internet service provider.
11.2 Pro Partnership Programme and Commercial Subscriptions
Use Limitation: Users acknowledge and agree that the use of the Pocket Power App Services for business or other commercial purposes is strictly contingent upon participation in the Pro Partnership Programme or such other express written authorisation as Pocket Power App may grant from time to time. Without such participation or authorisation, the User shall not engage in any business or commercial activities using the app.
The User shall not introduce into our IT systems any viruses, worms, Trojan horses, or other malware that may jeopardise or impair the functionality of the Pocket Power App Services; or transfer or assign any rights or obligations under your contract with Us to any third parties. When using the Pocket Power App Services you must also comply with the terms of contracts with third parties, in particular contracts with the app store or your Internet service provider. Any such unauthorised use shall be deemed a violation of these Terms and may result in immediate termination of access to the app, along with any other remedies available under applicable law.
To guarantee smooth communication with you, We ask that you include our email address in the list of trusted senders at your email provider.
12. Prices and Payment Terms
12.1 Prices
Our prices may differ from country to country. If you decide to purchase a subscription, the price that applies to you will be shown in the Pocket Power App app or on the Pocket Power website. Please check the website www.pocketpower.pro for current prices, subscription models, and available services. All quoted prices are exclusive of applicable value-added tax unless otherwise stated.
We reserve the right to change prices at our sole discretion.
12.2 Collection of fees
Fees for a subscription are collected in advance for the applicable minimum contract term when the subscription agreement is concluded. If the subscription is automatically renewed, the fee will be collected in advance at the beginning of the applicable renewal term. Different terms apply if the subscription fee is collected through iTunes; in that case, the fee will be collected already 24 hours prior to the beginning of the applicable billing period.
12.3 Payment methods
If you book paid Pocket Power App Services by in-app purchase, you will be charged by the app store. Please inquire with the app store which payment methods are available to you.
If payment is declined for reasons for which you are responsible (for example, because the amount due is not covered by funds in your account or because the limit of your card has been exhausted), We have the right to charge you for any costs and/or expenses actually incurred by Us as a result.
We reserve the right not to offer certain payment methods and to refer you to other payment methods if there is a valid reason for doing so.
12.4 Payment default
We reserve the right to pursue additional remedies that may be available to Us as a result of your payment default.
12.5 Coupon codes and promotions
If Pocket Power App offers any coupon codes, promotional codes, discounts, credits, introductory offers, or other promotional arrangements from time to time, such offers may be subject to additional terms and conditions notified at the relevant time.
Unless otherwise expressly stated, any such code or promotion cannot be applied retrospectively, cannot be combined with other offers or discounts, may be limited to one use per user or per transaction, and may be withdrawn, amended, or refused at our discretion where We reasonably consider it necessary to do so.
We reserve the right at our absolute discretion to determine eligibility for any promotion and to suspend or cancel any promotion where misuse, technical error, fraud, or other improper activity is suspected.
13. Responsibility for Content and Services
13.1 No responsibility for user-generated content
You are solely responsible for any content you upload, post, or otherwise make available through the Pocket Power App Services, including but not limited to content shared within The Tribe community, progress photos, comments, messages, or other user-generated materials.
You must ensure that any such content complies with applicable laws and regulations, does not infringe the rights of any third party, and is not harmful, offensive, misleading, or unlawful.
Pocket Power does not routinely monitor or pre-approve user-generated content but reserves the right to review, remove, or restrict access to any content that violates these Terms or is deemed inappropriate, unsafe, or unlawful.
13.2 Responsibility of the user for violations of law
When posting or making available your own content, you must comply with all applicable laws and other regulations that are applicable in the country in which you are using our Pocket Power App Services. Whether or not prohibited by criminal law, you are generally prohibited from making available content of a pornographic, sexual, violent, racist, inflammatory, discriminatory, offensive and/or defamatory nature.
In addition, it is your responsibility to make sure that you infringe no third-party rights, including, without limitation, privacy or publicity rights of third parties and intellectual property rights of third parties (e.g., copyrights, trademark rights, etc.). In this connection, We advise you that you must also, and in particular, own the necessary rights to your profile image and to any other photos or content you upload.
We may at any time remove and erase any content that is unlawful or violates the aforementioned principles. If you violate the aforementioned principles, We also have the right to send you a warning, suspend your user account, or terminate the user agreement for good cause in its entirety in accordance with Section 7.3.
13.3 Indemnity
In the event that you have wrongfully (negligently or intentionally) violated any of the principles in Section 13.2, you are obligated to indemnify Us from and against any claims of third parties that may be brought as a result of such violations. We further reserve the right to claim damages and to pursue other remedies.
13.4 Resident Teachers and third-party content
The Pocket Power App Services may include content, programmes, classes, sessions, recipes, demonstrations, guidance, materials, or other contributions provided by independent instructors, teachers, contributors, or partners, including Resident Teachers and Guest Teachers.
All such individuals operate independently and are not employees, agents, or representatives of Pocket Power App. Any content, advice, instruction, recipe, demonstration, or other material provided reflects their own views, expertise, and experience.
Pocket Power App undertakes reasonable steps during onboarding to verify that such individuals confirm their professional qualifications and hold appropriate insurance relevant to the services they provide. However, Pocket Power App does not supervise, control, or guarantee the ongoing conduct, accuracy, safety, legality, effectiveness, or suitability of any content or services provided by such individuals.
You acknowledge that participation in any classes, programmes, sessions, activities, recipes, demonstrations, or other content provided by Resident Teachers or Guest Teachers is undertaken entirely at your own risk.
Any relationship formed between you and a Resident or Guest Teacher, including through paid memberships, is solely between you and that individual. Pocket Power App accepts no responsibility or liability for any aspect of that relationship, including content, advice, services, or outcomes.
13.5 AI features (PAPi)
The Pocket Power App Services may include artificial intelligence-powered features, including but not limited to PAPi, which generate responses, suggestions, plans, summaries, insights, recommendations, or other outputs based on available data, internal databases, and user input.
You acknowledge that AI-generated outputs may be inaccurate, incomplete, misleading, unsuitable, or not up to date. PAPi does not provide medical advice, diagnosis, treatment, counselling, therapy, emergency support, or any other regulated professional service, and any information provided is for general informational purposes only.
You must not rely on AI-generated content as a substitute for professional advice. You are solely responsible for evaluating, checking, and verifying any information before acting upon it. Pocket Power App accepts no liability for any decision made or action taken, or not taken, based on AI-generated outputs.
14. Warranties
14.1 Applicable law
Any claims for defective service will be governed by applicable law. Your rights as a User remain unaffected.
14.2 No warranty
We make no representations or warranties that by using the chosen Pocket Power App Service you will reach your workout goal, achieve any nutritional, health, or lifestyle goal, obtain accurate product or allergen information, or achieve any other specific result.
15. Liability
15.1 General provisions
When using our Pocket Power App Services you may be shown workout instructions, physical activity guidance, recipes, ingredient information, food-related information, wellbeing content, or other guidance. You must follow any safety instructions at all times and exercise appropriate caution as otherwise there may be an injury, allergy, intolerance, illness, or other health risk.
If you use any tools or equipment for exercises, or ingredients for recipes, or rely on any product or barcode scanner information, you are fully responsible for making sure that such tools, equipment, ingredients, and products are suitable, work properly, are installed and/or set up properly, are within their use-by and/or end date, and are appropriate for your personal circumstances.
You are obligated to heed our health notices in Section 2 and the other provisions of these Terms of Use.
15.2 Liability for free services
In case of free services, our liability, whatever the legal basis, is limited exclusively to damages resulting from intentional or grossly negligent actions or omissions or from a lack of warranted qualities. Our liability for intentional actions or omissions is generally unlimited. Our liability for gross negligence or a lack of warranted qualities is limited to reasonably foreseeable damages. In all other cases any liability on our part is excluded, to the fullest extent permitted by law.
15.3 Liability for paid services
In case of paid services, our liability, whatever the legal basis, is generally unlimited for damages resulting from intentional or grossly negligent actions or omissions or from a lack of warranted qualities.
If We breach any material contractual obligations due to ordinary negligence, our liability is limited to reasonably foreseeable damages. A contractual obligation is material within the meaning of the foregoing sentence if its performance is necessary for achieving contractual purposes and if you, the User, may reasonably rely on its performance.
Our liability for wrongful harm to life, limb, or health remains unaffected by the foregoing limitations.
In all other cases any liability on our part is excluded, to the fullest extent permitted by law.
15.4 Liability of our employees
The above limitations of liability (see Sections 15.2 and 15.3) also apply for the benefit of our employees and agents.
15.4 Product liability
Pocket Power App shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses arising out of or in connection with the use or inability to use the Pocket Power App Services. The User acknowledges that the Pocket Power App Services are provided “as is” and “as available” without any warranties or representations of any kind, whether express or implied. Pocket Power App disclaims all warranties, express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. The User agrees to use the Pocket Power App Services at their own risk and to assume full responsibility for any consequences arising from the use of the Pocket Power App Services, including but not limited to any reliance on the accuracy, completeness, or usefulness of the content provided through the Pocket Power App Services. In no event shall Pocket Power App be liable for any claims, demands, or damages of any kind, whether direct, indirect, incidental, special, consequential, or exemplary, arising out of or in connection with the use or inability to use the Pocket Power App Services, even if Pocket Power App has been advised of the possibility of such damages. This limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
To the fullest extent permitted by law, Pocket Power App shall not be liable for any loss, injury, damage, cost, or expense arising from reliance on any information, content, AI-generated output, third-party content, Resident Teacher content, recipe, ingredient information, nutritional information, symptom-related content, barcode scanner result, product data, allergen information, or other material provided through the Pocket Power App Services.
16. Licensed Rights
16.1 Pocket Power App content
The services offered by Us in some cases include copyright protected or otherwise protected content to which We own the necessary rights. For example, the Pocket Power App app is a copyright protected software program.
To the extent necessary for achieving the contractual purpose, We hereby licence to you a non-exclusive, non-transferable right to use such protected content for non-commercial purposes in accordance with the terms of the contract. Note that you are prohibited from disseminating or making such content publicly available, e.g., on websites. Neither the Pocket Power App app nor its content may be leased or otherwise transferred to any third parties by you. You may not decompile, alter, or edit the app except as permitted by law.
Licensed rights will lapse if and when you no longer have access to the relevant service (e.g., after your subscription has been terminated) or when the user agreement has ended. In the event of any violation of these provisions, We will have the right to terminate the agreement for good cause without notice in accordance with Section 7.3.
16.2 Content uploaded by user
You retain ownership of any content that you upload to the Pocket Power App.
By uploading content, you grant Pocket Power a limited, non-exclusive, royalty-free licence to use, store, and display such content solely for the purpose of operating, maintaining, and improving the Pocket Power App Services.
Pocket Power will not sell, commercially exploit, or otherwise use your content outside of what is necessary for the functioning of the platform.
17. Personal data
We will process your personal data in compliance with our Data Privacy Policy. You will find the most recent version of our Data Privacy Policy at https://pocketpower.pro/privacy-policy/. The Data Privacy Policy regulates and discloses, in particular, to what extent your personal data will be viewable by other users and what options you have to control transfers of your personal data. In addition, We will inform you in detail how and where We process or cause third parties to process your personal data. By entering into the user agreement with Us you expressly consent to the foregoing provisions. Your legal rights of revocation remain unaffected.
18. Changes to General Terms and Conditions
We reserve the right to make changes to these General Terms and Conditions with effect for the future. We will notify you of any changes to our General Terms and Conditions at the latest four weeks before the planned effective date of the new version. You will have the opportunity to object to changes within the aforementioned four-week period. If you continue to use our Pocket Power App Services without objection, you will be deemed to have accepted the new General Terms and Conditions. If you do object to changes, We hereby expressly reserve our right to terminate the agreement by regular notice during its proper term. If and when We make changes to the General Terms and Conditions, We will once again advise you of your right to object, the time period within which the right of objection must be exercised, and the legal consequences of such objection.
19. Final Provisions
19.1 Official contract language
The official contract language is English.
19.2 Governing substantive law
This agreement and any dispute or claim arising out of or in connection with its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
19.3 Venue and Jurisdiction
All parties irrevocably agree that the courts of England shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this Agreement or its subject matter or formation.
19.4 Severability
If any provisions of these General Terms and Conditions should be or become invalid in whole or in part, the validity of the remaining provisions will remain unaffected thereby. The foregoing provisions apply, mutatis mutandis, if any provisions should have been inadvertently omitted from these General Terms and Conditions.
20. Downloading and Review Options
You may review and print out these General Terms and Conditions at any time at https://pocketpower.pro/terms-of-use/. Additional information regarding your user agreement and your subscription are available in your user account. In the alternative, you may also print out or download the automated order confirmation you received after placing the order.
21. Information about Provider
Pocket Power App
28 Admirals Walk
Southend on Sea, Essex
SS3 9HS. United Kingdom
E-Mail: Customer Support
Managing director: Gareth Prior, Jessica Revell
Recorded Companies House, Cardiff under number 15391352
22. Dispute Resolution
The parties shall attempt to resolve any dispute arising out of or relating to this contract through negotiations between senior executives of the parties, who have authority to settle the same.
If the matter is not resolved by negotiation within 30 days of receipt of a written “invitation to negotiate”, the parties will attempt to resolve the dispute in good faith through an agreed Alternative Dispute Resolution (ADR) procedure, or in default of agreement, through an ADR procedure as recommended to the parties by the President or the Vice President, for the time being, of the Chartered Institute of Arbitrators.
If the matter has not been resolved by an ADR procedure within 60 days of the initiation of that procedure, or if any party will not participate in an ADR procedure, the dispute may be referred to arbitration by any party. The seat of the arbitration shall be England and Wales. The arbitration shall be governed by both the Arbitration Act 1996 and Rules as agreed between the parties.
Should the parties be unable to agree on an arbitrator or arbitrators, or be unable to agree on the Rules for Arbitration, any party may, upon giving written notice to other parties, apply to the President or the Vice President, for the time being, of the Chartered Institute of Arbitrators for the appointment of an Arbitrator or Arbitrators and for any decision on rules that may be necessary.
Nothing in this clause shall be construed as prohibiting a party or its affiliate from applying to a court for interim injunctive relief.
