Poket Terms of Use

Updated 1st March, 2023

By accessing any of GradientFI websites (“the Site”) or by otherwise accessing any content found on the Site or by using any digital application published by GradientFI (each a “Digital Application”), you are entering into an agreement with GradientFI and agree to the terms that follow (the “Terms”). The Site is owned and operated by GradientFI.

Please review our Privacy Policy to learn more about how we use any information you provide about yourself.

IMPORTANT NOTE FOR US USERS AND SUBSCRIBERS

Subject to certain exceptions, all disputes between GradientFI and United States users, including subscribers, will be subject to individual mandatory and binding arbitration as described in detail below, which means that disputes will not be heard in court.
GradientFI is a trading name of Nomadic Capital LLC.

INTELLECTUAL PROPERTY

The contents and design of the Site, any Digital Application and any material e-mailed to you or otherwise supplied to you in conjunction with the Site and/or a Digital Application (such contents, design and materials being collectively referred to as the “GradientFI Content”), is copyright of GradientFI and its licensors. You may not use or reproduce or allow anyone to use or reproduce any trade marks (such as GradientFI name and logo or other trade names appearing on the Site or any Digital Application) for any reason without written permission from GradientFI. The software that operates the Site and all Digital Applications is proprietary software and you may not use it except as expressly allowed under these Terms. You may not copy, reverse engineer, modify or otherwise deal with the software.

USE OF GRADIENTFI CONTENT

All GradientFI content is strictly for personal, non-commercial use only.
You may retrieve and display GradientFI Content from the Site on a computer screen or mobile device, print individual pages on paper (but not photocopy them) and store such pages in electronic form on your computer or mobile device for your personal, non-commercial use. You may use Digital Applications only on devices for which they were intended, for your personal, non-commercial use and on no more than five separate devices. Except as expressly permitted above, you may not reproduce, modify or in any way commercially exploit any GradientFI Content. In particular, but without limiting the general application of the restrictions in the previous sentence, you may not do any of the following without prior written permission from GradientFI.

Any use of GradientFI Content not specifically permitted above is expressly prohibited. However, requests for permission for other uses/applications are welcome and may be sent to GradientFI (see below) with the proviso that proper attribution to GradientFI be clearly and conspicuously made in these uses/applications AND with prior permission from GradientFI. Please contact our Chief Commercial Officer by email hello@poket.finance to obtain permission.

REGISTRATION, PASSWORDS AND RESPONSIBILITIES

You are responsible for keeping your information and passwords up to date and confidential.
Certain areas or features of the Site and/or Digital Applications may only be open to subscribers.
By becoming a subscriber, you will become a customer of GradientFI.
You are solely responsible for the confidentiality and use of and access to GradientFI Content and the Site and/or Digital Applications using your username and/or password. You agree to immediately notify GradientFI if you become aware of the loss, theft or unauthorized use of any password, user ID or email address or of any GradientFI Content. You will provide GradientFI with accurate, complete registration information and inform GradientFI of any changes to such information. For the purpose of confirming your compliance with these Terms, GradientFI reserves the right to monitor and record activity on the Site and Digital Applications, including access to GradientFI Content.
Each subscription is for the personal use of the Subscriber only. You may not share your log-in details or password with any other person. You may not share or transfer your subscription. GradientFI does not allow multiple users (networked or otherwise) to access the Site and/or any Digital Application through a single name and password and may cancel or suspend your access to the Site and/or a Digital Application if you do this, or breach any of these Terms without further obligation to you.

SUBSCRIPTION AND CANCELLATION

Subscriptions

GradientFI offers different types of subscriptions (“Subscriptions”) and digital bundles. GradientFI reserves the right to vary the amount of content and types of service that it makes available to different categories of users at any time.
GradientFI will try to process your Subscription promptly but does not guarantee that your Subscription will be activated by any specified time. By submitting your subscription details, you are making an offer to us to buy a Subscription. Your offer will only be accepted by us and a contract formed when we have successfully verified your identity and contact details, at which point we will provide you with access to our services. You will receive written confirmation when your Subscription offer has been accepted.

Renewal

Unless specifically stated in any Subscription offer or promotion when you place your Subscription order with us, if you choose an auto-renew payment option, including direct debit, you agree that at the end of the initial subscription period (and of each renewal period thereafter), your Subscription will automatically renew for the same subscription period at the then prevailing renewal rate, which may be changed from time to time. If you do not choose an auto-renew payment option, we will contact you at the end of the initial subscription period with an offer to renew your subscription at the then prevailing renewal rate, which may be changed from time to time. You may cancel your Subscription at any time as set out next.

Cancellation

Unless specifically stated in any Subscription offer or promotion when you place your Subscription order, you have the right to cancel your Subscription at any time. Please note that if your Subscription includes a digital element, by placing your order you agree that we may start your Digital Subscription immediately and you acknowledge that you will lose your right to a refund in relation to any issues that have been published before you cancelled.
If applicable, any reimbursement will be settled as described in the “Fees and Payments” section below.

How to cancel

You may cancel your subscription and change other account details online by accessing your Account page

Contract and Disputes

GradientFI shall provide your Subscription in accordance with these Terms (and the terms of any offer or promotion that may apply to your Subscription). As further detailed above you have legal rights with regards to your subscription including the right to cancel.

Fees and Payments

You are responsible for any fees that are payable including any processing or other fees charged by the issuing bank/payment provider.
The price to be paid for your Subscription will be made clear to you on the Subscription order pages or otherwise during the order process and may vary from time to time. You agree to pay the fees at the rates notified to you at the time you purchase or repurchase (as the case may be) your Subscription together with any processing or other associated fees charged by the issuing bank/payment provider. Eligibility for any discounts is ascertained at the time you subscribe and cannot be changed during the term of your Subscription. We will always inform you by announcement on the site in advance of any increase in the price of your Subscription and offer you an opportunity to cancel it if you do not wish to pay the new price.
As well as Subscriptions, access to some GradientFI Content may be subject to a fee. All payments (including any applicable taxes) must be made in advance in US Dollars or other currency specified by GradientFI. You are responsible for the payment of all charges associated with the use, by you or someone else, of the Site and/or a Digital Application using your ID.
When you purchase a Subscription or access to any other GradientFI Content, you must provide us with complete and accurate payment information. By submitting payment details, you confirm that you are entitled to use those payment details for this purpose. If we do not receive payment authorization, or any authorization is subsequently cancelled, we may immediately terminate or suspend your access to your Subscription or GradientFI Content and in suspicious circumstances, we may contact the issuing bank/payment provider and/or law enforcement authorities or other appropriate third parties.
If your use of the Site or any Subscription is terminated by GradientFI, you will be entitled to receive a refund of any credits or pre-payments which remain unused at the time of termination unless such use is terminated because you are in breach of these Terms (which will be determined solely by GradientFI). You will continue to be responsible for any fees or other charges you have incurred prior to such termination.
You may be able to use the Site to purchase products or services from GradientFI’s third party partners. In that event, your contract for such products will be with the third party partner and not with GradientFI.
If you are entitled to a refund under these Terms, refunds can only be made to the credit/debit/charge card that was used for the original purchase, unless it has expired in which case we will contact you.

USER-CREATED CONTENT

You are responsible for all content you post.
The Site and any Digital Applications may include comments capability, bulletin boards, discussion groups and other public areas or features that allow feedback to GradientFI and interaction between users and with GradientFI representatives (“Forums”). While GradientFI does not control the information/materials posted to Forums by users (the “Messages”), it reserves the right (which it may exercise at its sole discretion without notice) to delete, move or edit the Messages and to terminate your access to and use of the Forums.
You are solely responsible for the content of your Messages. You must comply with any rules posted by GradientFI on a Forum. You may not:

• Post, link to or otherwise publish any Messages containing material that is obscene, racist, homophobic or sexist or that contains any form of hate speech;
• Post, link to or otherwise publish any Messages that infringe copyright;
• Post, link to or otherwise publish any Messages that are illegal, libelous, defamatory or may prejudice ongoing legal proceedings or breach a court injunction or other order;
• Post, link to or otherwise publish any Messages that are abusive, threatening or make any form of personal attack on another user or an employee of GradientFI;
• Post Messages in any language other than English;
• Post the same Message, or a very similar Message, repeatedly;
• Post or otherwise publish any Messages unrelated to the Forum or the Forum’s topic;
• Post, link to or otherwise publish any Messages containing any form of advertising or promotion for goods and services or any chain Messages or “spam”;
• Post, link to or otherwise publish any Messages with recommendations to buy or refrain from buying a particular security or which contain confidential information of another party or which otherwise have the purpose of affecting the price or value of any security;
• Disguise the origin of any Messages;
• Impersonate any person or entity (including GradientFI employees or Forum guests or hosts) or misrepresent any affiliation with any person or entity;
• Post or transmit any Messages that contain software viruses, files or codes designed to interrupt, destroy or limit the functionality of the Site or any computer software or equipment, or any other harmful component;
• Collect or store other users’ personal data; and/or
• Restrict or inhibit any other user from using the Forums.

By submitting Messages to any Forum you agree to indemnify and hold harmless GradientFI from all claims, costs and expenses (including legal expenses) arising out of any Messages posted or published by you that are in breach of this section.
GradientFI has no control over individuals posting Messages on any Forum. GradientFI cannot guarantee the accuracy, integrity or quality of any Messages. Some users may breach these terms and post Messages that are misleading, untrue or offensive. You must bear all risk associated with your use of the Forum and should not rely on Messages when you make (or refrain from making) any specific investment or other decision.
By submitting a Message to any Forum on our Site you are granting GradientFI a perpetual, irrevocable, royalty free non-exclusive licence to reproduce, modify, translate, make available, distribute and sub-license the Message in whole or in part, and in any form. This may include personal information you have displayed on these Forums such as your user or pen name and your expressions of opinion. GradientFI reserves the right to contact you by e-mail about your use of the Forums. You waive any moral rights that you may have in regard to the Messages you submit.
It is not possible for GradientFI to fully and effectively monitor Messages infringing third-party rights. If you believe that any content infringes your legal rights, you should notify GradientFI immediately and call it Report Abuse. Repeated misuse of the “Report Abuse” function may result in your access to the Forums being terminated.

PRIVACY POLICY AND COOKIE POLICY

GradientFI respects your privacy.
The information that you provide about yourself to GradientFI will be used in accordance with GradientFI’s Privacy Policy.
By visiting our website with cookies enabled, and accepting cookies you agree to the use of cookies as explained in the Cookie Policy.

CHANGES TO THE SITE AND DIGITAL APPLICATIONS

GradientFI reserves the right, in its discretion and at any time, to suspend, change, modify, add or remove portions of GradientFI Content available on the Site and/or on a Digital Application at any time and to restrict the use and accessibility of the Site and its Digital Applications.

LIABILITY AND INDEMNITY

All GradientFI Content and services are provided ‘as is’. You indemnify us for breaches of these Terms.
Although we endeavor to ensure the high quality and accuracy of the Site and Digital Applications, GradientFI makes no warranty, express or implied, concerning GradientFI Content, any Digital Application, the Site or any software that are made available through the Site (the ” Services”), which are provided “as is”. GradientFI expressly disclaims all warranties, including but not limited to warranties of fitness for a particular purpose and warranties of merchantability. In no event will GradientFI, its affiliates, agents, suppliers or licensors be liable for indirect, special, incidental, and/or consequential damages (including, without limitation, damages for loss of business profits, business interruption, loss of business information or other pecuniary loss) that may arise directly or indirectly from the use of (or failure to use) or reliance on the Services, even if GradientFI has been advised of the possibility that such damages may arise. GradientFI does not guarantee the accuracy, content, or timeliness of the Services or that they are free from viruses or other contaminating or destructive properties.
In no event will any liability of GradientFI or its affiliates, agents, suppliers and licensors to you (and/or any third party) that may arise out of any kind of legal claim (whether in contract, tort, or otherwise) in any way connected with the Services or in breach of these Terms by GradientFI exceed the amount, if any, paid by you to GradientFI for the particular Service to which the claim relates.

FORCE MAJEURE

GradientFI will not be held responsible for circumstances beyond its control.
GradientFI, its affiliates and its information providers will not be liable or deemed to be in default for any delay or failure in performance or interruption of the delivery of GradientFI Content that may result directly or indirectly from any cause or circumstance beyond its or their reasonable control, including but not limited to failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes or natural disasters, strikes or other labor problems, wars, or governmental restrictions.
Upon GradientFI’s request, you agree to defend, indemnify and hold harmless GradientFI, its affiliates, agents, suppliers and licensors from any claims and expenses, including reasonable legal fees, related to any breach of these Terms by you or your use of any Services.

MISCELLANEOUS

Additional Terms apply to your use of GradientFI Content.

Changes to these Terms.

GradientFI may, in its discretion, change these Terms (including those that relate to your use of the Site, Digital Applications and/or GradientFI Content). Whenever the Terms are changed, GradientFI will notify you by e-mail or by publishing the revised terms on the website. If you use the Site and/or a Digital Application after GradientFI has published or notified you of the changes, you are agreeing to be bound by those changes. If you do not agree to be bound by those changes, you should not use the Site or a Digital Application any further after they are published. Access to certain GradientFI Content may be subject to additional terms and conditions.

Assignment of Agreement.

This agreement is personal to you and your rights and obligations under these Terms may not be assigned, sub-licensed or otherwise transferred. This agreement may be assigned to a third party by GradientFI.

Non-Waiver.

No delay or omission on the part of either party in requiring performance by the other party of its obligations will operate as a waiver of any right.

Notices.

Notices to GradientFI must be given in writing, by letter, and sent to GradientFI, Suite 2a, Blackthorn House, St Paul’s Square, B21RL, UK (for the attention of the CEO).

Severability/Survival/Statute of Limitations.

If any provision of these Terms is invalid or unenforceable, such will not render all the Terms unenforceable or invalid. Rather, the Terms will then be read and construed as if the invalid or unenforceable provision(s) are not contained therein. If you are outside of the United States, any cause of action of yours with respect to these Terms must be filed in a court of competent jurisdiction in London, England, within one year after the cause of action has arisen, or such cause will be barred, invalid and void. If you are in the United States, any cause of action of yours with respect to these Terms must be filed in arbitration within one year after the cause of action has arisen, or such cause will be barred, invalid and void.

Whole Agreement.

Save as expressly referred to herein, any representation, warranty, term or condition not expressly set out in these Terms shall not apply.

Headings.

Headings in these Terms are for convenience only and have no legal meaning or effect, nor shall they be taken into account in interpreting these Terms.

Term and Termination

GradientFI may terminate or suspend your access to GradientFI Content at any time.
GradientFI may, in its discretion, terminate or suspend your access to and/or use of all or part of the Site and/or a Digital Application (including any GradientFI Content) with or without cause by delivering notice to you.
These rights of termination are in addition to all other rights and remedies available to GradientFI under these Terms or by law.

GOVERNING LAW AND JURISDICTION

The provisions in this Section regarding Governing Law and Jurisdiction apply only to users or subscribers outside of the United States.
These Terms shall be governed by, and construed in accordance with, English law. The parties irrevocably agree that the courts of England shall (subject to the paragraph below) have exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with these Terms or the legal relationship established by them, and for those purposes irrevocably submit all disputes to the jurisdiction of the English courts.
For the exclusive benefit of GradientFI, GradientFI shall also retain the right to bring proceedings as to the substance of the matter in the courts of the country of your residence or, where these Terms are entered into in the course of your trade or profession, the country of your principal place of business.
Governing Law; Mandatory Arbitration (and Exceptions); Class Action Waiver; Jurisdiction – U.S. Users and Subscribers Only
The provisions in this Section regarding Governing Law, Mandatory Arbitration, Class Action Waiver, and Jurisdiction apply only to users or subscribers in the United States:

Governing Law

These Terms (and any non-contractual disputes/claims arising out of or in connection with them) are subject to the laws of the state of New York, United States of America, without regard to choice or conflicts of law principles.

Mandatory Arbitration.

ou and GradientFI agree that any dispute, claim, or controversy between you and GradientFI arising in connection with or relating in any way to these Terms or to your relationship with GradientFI as a user or subscriber (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory) will be determined by mandatory binding individual (not class) arbitration. You and GradientFI further agree that the arbitrator shall have the exclusive power to rule on his or her own jurisdiction, including any objections with respect to the existence, scope or validity of the arbitration provision or to the arbitrability of any claim or counterclaim. Arbitration is more informal than a lawsuit in court. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. There may be more limited discovery than in court. YOU SPECIFICALLY AGREE THAT YOU ARE BOUND TO RESOLVE ALL DISPUTES IN ARBITRATION, AND YOU ACKNOWLEDGE THAT YOU ARE VOLUNTARILY AND KNOWINGLY FORFEITING YOUR RIGHT TO A TRIAL BY JURY AND TO OTHERWISE PROCEED IN A LAWSUIT IN STATE OR FEDERAL COURT. Arbitration shall be subject to the Federal Arbitration Act and shall be conducted by the American Arbitration Association (AAA) pursuant to the AAA’s Consumer Arbitration Rules (“AAA Rules”), then in force. The AAA Rules, as well as instructions on how to file an arbitration proceeding with the AAA, appear at adr.org.

Exceptions to Mandatory Arbitration.

Notwithstanding the foregoing, to the extent the dispute arises from a violation of your or GradientFI’s intellectual property rights in any manner, both parties agree that the non-infringing party may seek injunctive remedies (or an equivalent type of urgent legal relief) in a state or federal court consistent with the Governing Law and Jurisdiction subsections, and both parties consent to exclusive jurisdiction and venue in such courts. Additionally, you or GradientFI may take the dispute to small claims court if the dispute qualifies for small claims court.

No Class or Representative Proceedings; Class Action Waiver.

YOU AND GradientFI AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. Unless both you and GradientFI agree, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding.

Jurisdiction.

If, in any dispute, the arbitration provision is determined to be invalid or unenforceable, notwithstanding the Severability provision above, or null and void by any arbitrator or court of competent jurisdiction, or if the dispute seeks injunctive remedies arising from a violation of your or GradientFI’s intellectual property rights, the dispute shall be resolved by a state or federal court in New York. The parties agree to submit to the personal jurisdiction of such court for the purposes of litigating any such dispute. This subsection does not apply to disputes made in small claims court.