Terms of Service

Last updated: 18 May 2025 · Effective immediately

1. Agreement to Terms

By creating an account or using PocketWing ("the Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the Service.

These Terms constitute a legally binding agreement between you and PocketWing.

2. Eligibility

• You must be at least 18 years of age to use PocketWing
• You must have the legal capacity to enter into a binding agreement
• By using the Service, you represent and warrant that you meet these requirements

3. Your Account

• You are responsible for maintaining the confidentiality of your login credentials
• You are responsible for all activity that occurs under your account
• You must provide accurate and complete information when creating your account
• One account per person — shared or automated accounts are not permitted
• You must notify us immediately if you suspect unauthorised access to your account

4. The Service

PocketWing is an AI-powered personal dating assistant that helps you:

• Track and remember details about people you are dating
• Plan dates with venue suggestions and personalised recommendations
• Manage your dating schedule and follow-ups
• Get AI-generated conversation starters, briefings, and date ideas

The Service is provided for personal, non-commercial use only.

5. Acceptable Use

You agree NOT to use PocketWing to:

• Stalk, harass, intimidate, or harm any person
• Store information obtained through deception or without the other person's awareness
• Upload illegal, defamatory, or harmful content
• Impersonate another person or misrepresent your identity
• Use the Service for any commercial purpose (e.g. matchmaking services, data collection)
• Attempt to reverse-engineer, scrape, or extract data from the Service
• Circumvent security measures or access other users' data
• Use automated tools (bots, scrapers) to interact with the Service

We reserve the right to suspend or terminate accounts that violate these terms.

6. AI-Generated Content

Important disclaimers about AI features:

• AI suggestions (date plans, venue recommendations, conversation starters) are generated for convenience and inspiration only
• Venue information (hours, prices, ratings) may be outdated or inaccurate — always verify before visiting
• AI-generated content may occasionally contain errors or inappropriate suggestions
• PocketWing is not responsible for the outcomes of dates, plans, or decisions made based on AI suggestions
• The AI does not provide professional advice (relationship counselling, legal, medical, or financial advice)

7. Your Data and Content

7.1 Ownership

You retain ownership of all content you create within PocketWing (profiles, notes, date logs, chat messages). We do not claim ownership of your data.

7.2 Licence to us

By using the Service, you grant PocketWing a limited, non-exclusive licence to process your content solely for the purpose of providing and improving the Service. This includes sending chat messages to our AI provider for response generation.

7.3 Data handling

Our collection, use, and protection of your personal information is governed by our Privacy Policy, which forms part of these Terms.

7.4 Data deletion

You may delete your account and all associated data at any time through your account settings. Deletion is permanent and irreversible.

8. Intellectual Property

• The PocketWing platform, branding, design, code, and AI systems are owned by PocketWing
• You may not copy, modify, distribute, or create derivative works from any part of the Service
• The PocketWing name, logo, and associated marks are our intellectual property

9. Service Availability

• PocketWing is provided on an "as is" and "as available" basis
• We do not guarantee uninterrupted or error-free operation
• We may modify, suspend, or discontinue features at any time with reasonable notice
• Scheduled maintenance will be communicated in advance where possible

10. Limitation of Liability

To the maximum extent permitted by law, PocketWing is not liable for:

• Inaccurate AI-generated suggestions or venue information
• Outcomes of dates or relationships influenced by the Service
• Data loss beyond what is reasonably preventable
• Indirect, incidental, or consequential damages arising from use of the Service
• Actions of third parties (venues, other people, service providers)

Australian Consumer Law

Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy conferred by the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010) that cannot be excluded, restricted, or modified by agreement.

If the Australian Consumer Law applies to you as a consumer, our liability for failure to comply with a consumer guarantee is limited to (at our option):

• Re-supplying the services; or
• Paying the cost of having the services re-supplied

11. Indemnification

You agree to indemnify and hold PocketWing harmless from any claims, damages, or expenses arising from:

• Your breach of these Terms
• Your misuse of the Service
• Content you upload that infringes on the rights of others
• Your violation of any applicable law

12. Termination

12.1 By you

You may delete your account at any time. Upon deletion, these Terms terminate (except for sections that survive termination).

12.2 By us

We may suspend or terminate your account if you:

• Breach these Terms
• Use the Service in a way that could harm other users or the Service
• Fail to respond to communications about potential violations

Where possible, we will provide notice and an opportunity to remedy the breach before termination.

12.3 Effect of termination

Upon termination, your right to use the Service ceases immediately. Sections 6, 7.1, 10, 11, 13, and 14 survive termination.

13. Governing Law

These Terms are governed by the laws of New South Wales, Australia. You agree to submit to the non-exclusive jurisdiction of the courts of New South Wales for any dispute arising from these Terms or your use of the Service.

14. Dispute Resolution

Before commencing legal proceedings, you agree to first contact us at admin@pocketwing.app and attempt to resolve the dispute informally within 30 days.

15. Changes to These Terms

We may update these Terms from time to time. If we make material changes:

• We will notify you by email at least 30 days before the changes take effect
• We will update the "Last updated" date at the top of this page
• Continued use of the Service after the effective date constitutes acceptance
• If you do not agree to the updated Terms, you may delete your account before they take effect

16. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

17. Entire Agreement

These Terms, together with the Privacy Policy, constitute the entire agreement between you and PocketWing regarding your use of the Service.

18. Contact

For questions about these Terms:

Email: admin@pocketwing.app