Account SetupTo use the Service, you need to set up a PocketOcean account. You may establish either a Simple free account ("Free Account"), an Simple+paid account ("Paid Account"), or a PocketOcean for Business account ("BusinessAccount"). If you're establishing an account through a PocketOcean distribution partner, account options (such as the ability to participate in upgrades, downgrades, and conversions) and payment requirements made available to you may vary from those described in these Terms; however, these Terms govern your use of the Service and your relationship with us.
DataSync, Storage and Confidentiality
After setting up your account and downloading our Software, you can select the Files you want to sync and/or store. You can change the Files you want to sync or store whenever you want. In order to make the Service available to you, we need your permission to sync and store your Files. Accordingly, you hereby grant to PocketOcean a license: (i) to use, copy, transmit, distribute, store and cache Files that you choose to sync and/or store; and (ii) to copy, transmit, publish, and distribute to others the Files as you designate, whether through the sharing or public linking features of the Service, in each case solely to provide the Service to you.
Free Accounts don't have all the features of Paid Accounts and are subject to limitations described in these Terms and as implemented by PocketOcean from time to time. For example, you may have only one Free Account at a time. A free account holder may upgrade to a Paid Account by following the PocketOcean upgrade procedures on www.pocketocean.com
Paid Accounts and BusinessAccounts may have a free trial period, if offered by PocketOcean, during which time the account can be used without charge (a "Free Trial"). PocketOcean reserves the right to limit the eligibility and storage capacity for Free Trials, and, for BusinessAccounts, the number of TeamMembers. For example, if you have previously used the Service on a trial basis or have previously paid for a PocketOcean account, then you are not be eligible for a Free Trial unless we determine otherwise. If you're eligible for a Free Trial, you will be charged for your selected account at the end of the Free Trial unless you cancel the account prior to the end of the Free Trial. If you're not eligible for a Free Trial, you will be charged for your account upon registration.
IF YOU HAVE PROVIDED YOUR CREDIT CARD INFORMATION UPON INITIAL ACCOUNT SETUP, YOU ACKNOWLEDGE THAT YOU MUST CANCEL THE ACCOUNT, OR DOWNGRADE TO A FREE ACCOUNT FROM A PAID ACCOUNT, BEFORE THE END OF THE FREE TRIAL TO AVOID BEING CHARGED AFTER THE FREE TRIAL. IF YOU HAVE NOT PROVIDED ANY CREDIT CARD INFORMATION UPON INITIAL ACCOUNT SETUP, THEN YOU MUST PROVIDE IT AND PURCHASE THE PAID ACCOUNT PRIOR TO THE END OF THE FREE TRIAL OR YOUR ACCOUNT WILL BE TERMINATED, OR DOWNGRADED TO A FREE ACCOUNT AT THE END OF THE FREE TRIAL PERIOD.
Subscription Period and Subscription Fees
Subscription Period.The subscription period for Paid Accounts and BusinessAccounts can be month-to-month, yearly, or another duration described in the account features for your account ("Subscription Period"). For Free Accounts, the Subscription Period is 30 days unless earlier terminated as provided in these Terms. If your Free Account is established in conjunction with a shared folder invitation (a "Shared Folder Plan), the Subscription Period is ninety (30) days and if you access the Shared Folder Plan during the then-current Subscription Period, the Subscription Period is automatically renewed for an additional ninety (30) days.
Subscription Fees.BusinessAccounts and Paid Accounts are subject to fees based upon the account type you've selected ("Subscription Fees"). If you set up a Paid Account or BusinessAccount but don't cancel it by the end of the Free Trial, PocketOcean will charge your credit card the current fee for the type of account you've chosen, plus applicable taxes. For renewals, PocketOcean will automatically charge your credit card the amount of the then-current fee for your type of account, plus applicable taxes. All payments are non-refundable. To the extent that payment mechanisms are provided through third parties, you agree that PocketOcean shall have no liability to you arising out of the acts or omissions of such third parties. BY CREATING A PAID ACCOUNT OR BUSINESSACCOUNT YOU CONSENT TO ALLOW POCKETOCEAN TO CHARGE YOUR CREDIT CARD, EITHER DIRECTLY OR THROUGH ITS PAYMENT PROCESSORS, FOR THE AMOUNTS DUE FOR YOUR INITIAL SUBSCRIPTION PERIOD AND FOR ADDITIONAL SUBSCRIPTION PERIODS UNTIL YOUR ACCOUNT IS CANCELED OR TERMINATED.
Subscription Fee Increases or Decreases
Pocket Ocean may revise the subscription fees at any time, for any reason, by providing you (the user) with at least 30 days advance notice via email. Once the subscription fees have been revised and you continue to use our service, you will see the updated pricing on your next billing date. However, the user shall have the option to terminate and stop using Pocket Ocean services before the new pricing changes take effect.
Renewals and Cancellations
Accounts subject to Subscription Fees shall automatically renew for the same Subscription Period unless you cancel the account by the end of the then-current Subscription Period. Only the Admin can cancel a Business Team Account. You can cancel your account at any time by contacting customer service or by deleting all your teams and downgrading to SIMPLE account. Once you downgrade, you can go to settings and close account. Cancellation will be effective immediately. Please note that after you cancel your account, you will not be able to use or access the Service and you will not be entitled to a refund of any fees that you've paid. For BusinessAccounts, after the Admin cancels the BusinessAccount,Business or Team Members will not be able to use or access the Service.
Upgrades and Downgrades
Account Upgrades. You can upgrade your Paid Account or Free Account at any time. You can upgrade from a Free Account to a Paid Account or from one type of Paid Account to another. When you upgrade from a Paid Account to another type of individual Paid Account, we will apply the unused portion of your old Subscription Fee to the cost of your upgraded account type and if there's any money left over, we'll apply that to extend your initial Subscription Period based upon the daily charge for your upgraded account.
Downgrades. You can downgrade your Business plan to a different Business plan with a smaller team size at any time. Please note that if you currently have a "remaining balance" at the time you downgrade, this "remaining balance" will be applied to your newly selected Business plan. For example, if you currently have a remaining balance of $350and you decide to downgrade to a different plan for $200 a month, we will then deduct the $200 from your remaining balance of $350 and you’ll now have a remaining balance of $150 until the next billing cycle. The following month the remaining $150 balance will be applied and you will only be charged $50 that month. IT IS YOUR RESPONSIBILITY TO DECREASE THE TEAM SIZE STORED TO MEET THE REQUIREMENTS OF YOUR NEW, DOWNGRADED ACCOUNT TYPE. IN ORDER TO DOWNGRADE YOUR ACCOUNT, YOU MUST DECREASE THE TEAM SIZE TO THE LIMITS OF THE NEW ACCOUNT TYPE.DECREASING THE TEAM SIZE MAY REQUIRE THAT YOU PERMANENTLY DELETE TEAM SIZES WHICH CAN BE DONE THROUGH THE POCKETOCEANUSER DASHBOARD. IF YOU DO NOT DECREASE THE TEAM SIZE TO MEET THE REQUIREMENTS OF THE DOWNGRADED ACCOUNT PRIOR TO CHANGING OR UPDATING PLAN TYPE.YOUR EXISTING ACCOUNT (OR PRIOR TO THE END OF THE FREE TRIAL, IF APPLICABLE), YOU ACKNOWLEDGE AND AGREE THAT YOUR ACCOUNT WILL NOT BE CHANGED TO THE DOWNGRADED ACCOUNT TYPE AND YOU WILL BE CHARGED THE SUBSCRIPTION FEE FOR YOUR EXISTING ACCOUNT TYPE. For example, if you downgrade from a 200 gigabyte Paid Account to a 100 gigabyte Paid Account, you must limit the Files that you sync and/or store (and, if required, permanently delete files in your Restore Files folder) to 100 gigabytes of data or less. If you don't, we'll keep charging you for the 200 gigabyte Paid Account.
No Refunds. You may cancel your Pocket Ocean Paid Account at any time but you won't be issued a refund. Subscription Fees are non-refundable.
Downgrades. Your Paid Account will remain in effect until it's cancelled or terminated under these Terms. If you don't pay for your Paid Account on time, we reserve the right to suspend it.
Changes. We may change the fees in effect but will give you advance notice of these changes via a message to the email address associated with your account. Subscription Fees may change only at the end of your subscription period.
Termination. You're free to stop using our Services at any time. We also reserve the right to suspend or end the Services at any time at our discretion and without notice. For example, we may suspend or terminate your use of the Services if you're not complying with these Terms, or use the Services in a manner that would cause us legal liability, disrupt the Services or disrupt others' use of the Services. Except for Paid Accounts, we reserve the right to terminate and delete your account if you haven't accessed our Services for 12 consecutive months. We'll of course provide you with notice via the email address associated with your account before we do so.
PocketOcean accounts may have optional features which you may enable or disable through the PocketOcean web-based File management features.
PocketOcean may block certain file types from being uploaded, including but not limited to Files with ".exe" file extensions which will not be uploaded.
Additional Terms for Business Accounts
If you've elected to set up or convert to a BusinessAccount or if you have a TeamMember Account (described below), then in addition to the other provisions of these Terms, this Section ("AdditionalTerms for Business Accounts") shall apply to your use of the Service.
Business Account Setup.BusinessAccounts are set up by a group administrator (the "Admin") who registers as the Admin, selects the type of Business Account, and pays for the Business Account after expiration of a Business Account Free Trial if any, as described below. The Admin identifies members of the teamby providing email addresses for each teammember ("TeamMember"). As an Admin, you are required to pay the fees for the use of your Business Account by all TeamMembers. Each Group Member can then set up his/or her account within that TeamAccount (each a "TeamMember Account") through the account setup process for TeamMembers.Team Members may not participate in any PocketOcean contests or promotions except as expressly authorized in the terms and conditions associated with such contests or promotions. The Admin is also a TeamMember.
Team Account Management.Using the TeamAccount web management console, the Admin maintains exclusive control over the management of the BusinessAccount, such as adding or removing TeamMembers, enabling or disabling TeamMember Accounts, identifying the email address associated with each TeamMember Account The Admin controls TeamAccount management and may have access to TeamMember Files, but each TeamMember controls how his or her Files are stored and/or synched across the TeamMember's devices. As a TeamMember, you acknowledge and agree that, since the Admin maintains management control over TeamMember Accounts, PocketOcean is not responsible for, and will not have any liability to you for, any actions taken by the Admin with respect to your BusinessMember Account or TeamMember Files. As an Admin, you acknowledge and agree that TeamMembers maintain control of how Files are used with the Service and that PocketOcean is not responsible for, and will not have any liability to you for, any actions taken by a TeamMember with respect to the BusinessAccount or TeamMember Files.
Business Account Upgrades.The Admin can upgrade their Business Account at any time. The Admin can add additional Team Members to their team. Any team member that joins the Admin Business Account will not be charged monthly, only the Business Admin will be charged. In addition, if you have a Paid Business Plan on annual Subscription Period and you want to change to a monthly Subscription Period, any such upgrade request will take effect right away. If you currently have a "remaining balance" on your account and you want to switch to monthly, we will start deducting the monthly subscription from your "remaining balance". When this "remaining balance" reaches $0 then your card will be charged for the monthly subscription.
Conversions to Business Accounts.If you're a Simple Account holder, you can convert your Simple+ Account to a Business Account. If you elect to convert a Simple+ Account to a Business Account, we will issue you a refund of a pro-rata portion of the Subscription Fee you've paid, and then charge you for the type of Business Account you've selected. If you convert a Paid Account to a Business Account, you cannot convert back to a Paid "SIMPLE+" Account.
Business Account Downgrades.You can downgrade your Business Account to a different tier with fewer Team Members.However, any downgrade will apply and you will be immediately to your account.
Termination of Team Member Accounts If you are a Team Member, your Team Member Account can be terminated by the Admin at any time. If your TeamMember Account is terminated, you cannot thereafter use the same email address of your TeamMember Account to open another account.However,If you were invited to join a team using your personal email account and your permissions to Team Member account is terminated, then the Team name will no longer be displayed on your dashboard.
Requirements to Use the Service
To use the Service, you'll need to have a compatible computer or mobile device with Internet access. If you access the Service using a wireless data plan on your mobile device, you may incur increased charges from your wireless carrier. You are responsible for paying all wireless charges and for all equipment and other third party services you use to access Service. You must have all necessary rights to grant the licenses to PocketOcean set forth in these Terms and you represent and warrant to PocketOcean that you have such rights and that PocketOcean's exercise of the licenses will not violate applicable law or infringe or violate the rights of any party. You understand and agree that the Service may include certain communications from PocketOcean, such as service announcements and administrative messages, and that these communications are considered part of your subscription and you will not be able to opt out of receiving them. PocketOcean may also send you promotional offers and news about PocketOcean, but you can opt out from receiving those communications at any time unless you have a Free Account.
General Restrictions. Your account and any specific URL associated with your account are for your individual use only. You may not resell accounts or any account features. You agree that you will not use the Service to disseminate any advertising, promotional materials, or spam. You acknowledge and agree that PocketOcean reserves the right to establish limits on the number and size of messages transmitted through the Service and/or the size and number of Files that can be made available through a public link. You agree that you will not use the Software or Service to create, copy, store, transmit, share or distribute any Files, images, sounds, messages or other material which are obscene (as determined in PocketOcean's sole discretion), harassing, racist, malicious, fraudulent or libelous, contain nudity, violate or infringe the rights of third parties, or expose PocketOcean to any actual or potential civil or criminal liability. PocketOcean reserves the right in its sole discretion to take any action that it deems necessary if you violate these Terms, including suspension or termination of your account.
PocketOcean uses reasonable efforts to make the Service available 7 days a week 24 hours a day. However, PocketOcean does not guarantee availability of the Service, shall not have any liability to you for any unavailability of the Service, and is under no obligation to provide you with maintenance, technical support or updates for the Software or Service unless provided in conjunction with your plan type and, if provided, in the manner as determined by PocketOcean from time to time. We reserve the right to suspend access to your account if your use of the Service disrupts, impedes or otherwise negatively impacts the operation of the Service or the use of the Service by other customers.
License to Use the Service and Software
License. Subject to these Terms, PocketOcean grants you a non-exclusive, non-transferable license when you set up a PocketOcean account, to: (i) download and install the Software on devices within your possession and control, subject to limitations for Free Accounts and other device limitations as required by PocketOcean from time to time; and (ii) use the Software to access and use the Service for your own use. Except for the foregoing license grant, these Terms do not grant you any rights to patents, copyrights, trade secrets, trademarks, source code, or any other right, title or interest in the Software or Service, ownership of which is retained by PocketOcean and its suppliers, as applicable. Software updates are governed by these Terms. The Software is licensed, not sold, to you for use only under these Terms, and PocketOcean reserves all rights not expressly granted to you. Elements of the Software may not be used separate from the Software as a whole unless subject to a license granting separate use. Except as expressly authorized in these Terms or allowed by applicable law, you may not use, copy, modify, reverse engineer, disassemble, decompile, modify, or transfer the Software, or otherwise attempt to derive the source code of the Software, or authorize any third party to do any of the foregoing.
Compliance with Laws. You agree to comply with any local laws and regulations regarding your right to download, install, import, export or use the Software and/or Service. You acknowledge and agree that the Software is controlled for export purposes and that your use of the Software may be subject to audit to ensure compliance with these Terms. You agree to (i) strictly comply with all United States export laws and regulations, including, but not limited to the U.S. Department of Commerce (DOC) Export Administration Regulations (EAR), the Office of Foreign Asset Control (OFAC) regulations as administered by the Department of Treasury, and all treaties, Executive Orders, laws, statutes, amendments, or supplement thereto, including all applicable international, national, state, regional and local laws, and regulations (ii) not export, re-export or transfer, directly or indirectly, the Software to any prohibited country outlined in the EAR, or to any denied person, entity, or against any general denial order, as listed with the DOC as follows: Denied Persons List, Entities List, the Unverified List, and General Order No. 3 to Supplement No. 1 to Part 736 of the EAR, or on any OFAC list, currently the Specially Designated Nationals, Specially Designated Narcotics Traffickers, or Specially Designated Terrorists, (iii) not export, or re-export the Software to any military entity or military end-use not authorized under the applicable provision of the EAR, and (iv) not to export or re-export into Cuba, Iran, North Korea, Sudan, Syria or any other country subject to U.S. trade sanctions, to individuals or entities controlled by such countries, or to nationals or residents of such countries other than nationals who are lawfully admitted permanent residents of countries not subject to such sanctions; (v) not to license, sell, provide or distribute the Software for any prohibited use or to any prohibited end user.
Governments.The Software is a "commercial item," as that term is defined in 48 C.F.R. 2.101 (Sept. 1995), and more specifically is "commercial computer software documentation," and commercial computer software documentation," as such terms are used in 48 C.F.R. 12.212. Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4, all U.S. Government end users acquire the Software with only those rights set forth in these Terms.
Term and Termination
For Free Accounts, storage space, bandwidth availability, and account features may be limited, modified or suspended, and the Free Account may be terminated, by PocketOcean at any time at its sole discretion without notice or liability to you. PocketOcean may terminate your Paid Account or your BusinessAccount (i) effective as of the end of the then-current Subscription Period for any reason or no reason and without liability to you; and (ii) without cause during the Subscription Period provided that PocketOcean returns a pro-rata portion of the Subscription Fee to the party who has paid for the account.
Upon termination, the licenses granted to you by PocketOcean shall cease, you will not be able to access or retrieve any Files stored in your account, and you shall promptly destroy the Software or return the Software to PocketOcean. If you terminate your account, you agree that PocketOcean may keep your Files on its servers for reasonable time thereafter to enable you to easily renew if you so desire.
In the event of expiration or termination of your account, the representations made by you in these Terms and the Sections entitled "Compliance with Laws," "Governments," "Term and Termination," "Rights of Co-Brand Partners," "Disclaimer of Warranties," "Limitation of Liability," "Indemnification," and "General" shall survive such expiration or termination.
Rights of Co-Brand Partners
Disclaimer of Warranties
THE SOFTWARE AND THE SERVICE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, POCKETOCEAN EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. POCKETOCEAN DOES NOT WARRANT THAT: (I) THE USE OR QUALITY OF THE SOFTWARE OR SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, TIMELY, SECURE OR MEET YOUR REQUIREMENTS OR EXPECTATIONS; (II) THE RESULTS OBTAINED FROM USE OF THE SOFTWARE OR SERVICE WILL BE ACCURATE OR RELIABLE; OR (III) ANY ERRORS IN THE SOFTWARE OR THE SERVICE WILL BE CORRECTED. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SOFTWARE AND SERVICE REMAINS WITH YOU.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL POCKETOCEAN OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER (AND WITH RESPECT TO FREE ACCOUNTS AND POCKETOCEAN SUPPLIERS, FOR ANY DIRECT DAMAGES) , INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR: LOSS OF PROFITS, LOSS OF CONFIDENTIAL OR OTHER INFORMATION OR DATA, BUSINESS INTERRUPTION, PERSONAL INJURY, LOSS OF PRIVACY, FAILURE TO MEET ANY DUTY, NEGLIGENCE, AND ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER, ARISING OUT OF THIS AGREEMENT OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE OR THE SERVICE EVEN IF POCKETOCEAN OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
You agree to indemnify, defend and hold PocketOcean and its officers, directors, employees, agents, licensors, and suppliers harmless from and against all claims, liabilities, losses, expenses, damages, and costs, including but not limited to reasonable attorneys' fees, resulting from (i) an violation or breach of these Terms by you, (ii) any activity related to access or use of your account (including but not limited to negligent or wrongful conduct) by you or any other person accessing or using your account and/or Files, or (iii) PocketOcean's authorized use of data, Files or other content provided by you or obtained by PocketOcean as authorized by you under these Terms.
Following the requirements of 47 U.S.C. Section 230(d), as amended, we hereby notify you that parental control protections are commercially available that may assist you in limiting access to material that is harmful to minors. For more information on how to obtain such protections see GetNetWise (http://kids.getnetwise.org/) and OnGuard Online http://onguardonline.gov© 2014PocketOcean, Inc.
Last updated 11-10-2015
All content that is made available to view and/or download in connection with the Site is the copyrighted work of and is owned by PocketOcean and/or its licensors or subscribers, as applicable, and is protected by copyright and other laws and international treaty provisions. You may not copy, modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any such content without the express written permission of PocketOcean and the copyright owner. You may not frame or otherwise include the Site within any other website or software.
"PocketOcean," the PocketOcean logo, "PocketOcean" and the "PocketOcean" logo are trademarks of PocketOcean and are protected by law. All other names of companies and products mentioned may be trademarks of their respective owners. You may not copy, display or use any of these marks without prior written permission of the mark owner.
© 2017 PocketOcean, Inc
Last updated 11-20-2016
PocketOcean respects the intellectual property of others, and we expect our users to do the same. We respond to notices of alleged copyright infringement if they comply with the law, and such notices should be reported using our DMCA Process. In accordance with the Digital Millennium Copyright Act of 1998, the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, PocketOcean will respond expeditiously to claims of copyright infringement committed using our service and/or our website www.pocketocean.com if such claims are reported to PocketOcean Designated Copyright Agent identified in the sample notice below. If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements by completing the following DMCA Notice of Alleged Infringement and delivering it to PocketOcean Designated Copyright Agent. Upon receipt of Notice as described below, PocketOceanwill take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Site. PocketOcean may suspend and/or terminate the accounts of users who infringe the rights of others. If you believe that your copyrights or other intellectual property rights have been infringed by postings of others through the Service, you should provide PocketOcean's copyright agent with the following information:
an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest.
a description of the copyrighted work or other intellectual property that you claim has been infringed.
a description of where the material that you claim is infringing is located on the site.
your address, telephone number, and email address.
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
PocketOcean's Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:
c/o PocketOcean, Inc.
By email: copyright@PocketOcean.com