Last Updated: August 2023
1. Access and Use.
2. Your Responsibilities
3. Support and Updates.
5. Confidential Information
6. Intellectual Property Ownership; Feedback.
Back Pocket IP. You acknowledge that, as between you and Back Pocket, Back Pocket owns all right, title, and interest, including all intellectual property rights, in and to the Back Pocket IP.
User Data. Back Pocket acknowledges that, as between Back Pocket and you, you own all right, title, and interest, including all intellectual property rights, in and to, other than Aggregated Statistics (defined below), data, databases, and other content, in any form or medium, that is submitted, posted, or otherwise transmitted by you or on your behalf through or in connection with the Service (“User Data”). You hereby grant to Back Pocket a non-exclusive, royalty-free, worldwide license to reproduce, distribute, and otherwise use and display the User Data and perform all acts with respect to the User Data as may be necessary for Back Pocket to provide the Service to you and to improve the Service.
Aggregated Statistics. Notwithstanding anything to the contrary in this Agreement, Back Pocket may monitor your use of the Service and collect and compile data and information related to your use of the Service that is used by Back Pocket in an aggregate and anonymized manner, including to compile statistical and performance information related to the provision and operation of the Service (“Aggregated Statistics”). As between Back Pocket and you, all right, title, and interest in Aggregated Statistics, and all intellectual property rights therein, belong to and are retained solely by Back Pocket. You agree that Back Pocket may (i) make Aggregated Statistics publicly available in compliance with applicable law, and (ii) use Aggregated Statistics to the extent and in the manner permitted under applicable law.
Feedback. If you send or transmit any communications or materials to us by mail, email, telephone, or otherwise, suggesting or recommending changes to the Back Pocket IP, including without limitation, new features or functionality relating thereto, or any comments, questions, suggestions, or the like (“Feedback”), Back Pocket is free to use such Feedback irrespective of any other obligation or limitation between the parties governing such Feedback. All Feedback is and will be treated as non-confidential. You hereby assign to Back Pocket all right, title, and interest in, and Back Pocket is free to use, without any attribution or compensation to any party, any ideas, know-how, concepts, techniques, or other intellectual property rights contained in the Feedback, for any purpose whatsoever, although Back Pocket is not required to use any Feedback.
7. Disclaimer of Warranties
THE SERVICE AND BACK POCKET IP ARE PROVIDED “AS IS” AND BACK POCKET HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. BACK POCKET SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE. BACK POCKET MAKES NO WARRANTY OF ANY KIND THAT THE SERVICE, BACK POCKET IP, OR ANY PRODUCTS OR RESULTS OF THE USE THEREOF, WILL MEET YOUR OR ANY OTHER PERSON'S REQUIREMENTS, OPERATE WITHOUT INTERRUPTION, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE OR WORK WITH ANY SOFTWARE, SYSTEM, OR OTHER SERVICES, OR BE SECURE, ACCURATE, COMPLETE, FREE OF HARMFUL CODE, OR ERROR FREE. USER ACKNOWLEDGES THAT THE SERVICE IS NOT INTENDED TO BE USED AS MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT OF ANY MEDICAL CONDITION. ADDITIONALLY, ANY THIRD-PARTY WEBSITES OR DOCUMENTS LINKED FROM THE SERVICE ARE SOLELY FOR CONVENIENCE ONLY, AND ACCESSING SUCH WEBSITES OR DOCUMENTS ARE ENTIRELY AT YOUR OWN RISK AND SUBJECT TO THE TERMS AND CONDITIONS OF USE FOR SUCH WEBSITES OR DOCUMENTS.
9. Limitations of Liability
10. Term and Termination