Terms of Service

1. Definitions and Scope

"Software" means the Poke Bot desktop application, dashboard, installers, updates, patches, scripts, modules, license keys, configuration files, documentation, and any related materials made available by us.

"Account" means the account, license, Discord-linked identity, dashboard profile, or other access credential issued or recognized by us for use of the Services. "You" and "your" mean the individual using the Services and any entity on whose behalf the Services are used.

These Terms apply to all Services unless a signed written agreement with us expressly states otherwise.

2. Account Eligibility and Security

You must provide accurate, current, and complete account and billing information. You may not create or use an Account under a false identity, impersonate another person or entity, or use the Services if we previously removed or banned you.

You are responsible for maintaining the confidentiality of your Account, passwords, license keys, tokens, device access, and Discord-linked credentials. You are responsible for all activity occurring under your Account, whether or not you authorized it. You must notify us promptly of any suspected unauthorized access or security incident.

We may approve, reject, suspend, restrict, or terminate access to any Account in our discretion, including where we believe the Account information is inaccurate, outdated, incomplete, compromised, transferred, sold, shared, or connected to activity that violates these Terms.

3. License Grant

Subject to your compliance with these Terms and any applicable purchase, subscription, or license record, we grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to install and use the Software solely for your own lawful, internal, personal use during the active license or subscription period.

The Software is licensed, not sold. We reserve every right not expressly granted in these Terms. Your license ends automatically when your subscription expires, your payment fails, your Account is terminated, or these Terms are terminated.

We may deliver updates, patches, compatibility changes, security updates, licensing checks, and feature changes. Refusing, blocking, altering, or disabling updates or license checks may cause the Services to stop working and may violate these Terms.

4. Strict Software Restrictions

You agree that you will not, and will not allow, assist, enable, or encourage any third party to:

1. download, copy, install, access, or use the Software except through an authorized channel and under a valid license issued by us;
2. sell, resell, rent, lease, lend, sublicense, transfer, distribute, publish, mirror, host, share, gift, or otherwise provide access to the Services, Software, license keys, installers, builds, accounts, sessions, tokens, or credentials;
3. reverse engineer, decompile, disassemble, decrypt, unpack, dump, debug, trace, inspect, emulate, crack, patch, bypass, or otherwise attempt to derive, expose, modify, or access source code, object code, internal logic, private APIs, proprietary methods, authentication flows, solver logic, licensing systems, anti-tamper systems, or security controls;
4. leak, publish, post, sell, transfer, transmit, disclose, or make available any source code, private repository content, proprietary files, non-public documentation, screenshots, internal builds, access tokens, secrets, credentials, configuration data, encryption material, exploit details, or other confidential or proprietary information related to the Services;
5. modify, adapt, translate, create derivative works from, fork, clone, repackage, white-label, frame, wrap, or incorporate any part of the Services into a competing product or service;
6. bypass, remove, disable, impair, overload, interfere with, or circumvent licensing, security, access control, account limits, device limits, update systems, rate limits, telemetry, monitoring, abuse-prevention, or other protective measures;
7. use scripts, bots, scrapers, vulnerability scanners, load testing tools, credential stuffing tools, automated account creation tools, or other automated means against our website, dashboard, license server, APIs, infrastructure, support channels, or other systems except where expressly authorized by us in writing;
8. remove, obscure, alter, or falsify copyright notices, trademarks, branding, attribution, signatures, license metadata, or other proprietary notices;
9. use our names, marks, logos, branding, screenshots, product identity, or public materials in a way that suggests endorsement, affiliation, resale authority, or partnership without our prior written permission; or
10. benchmark, publish performance comparisons, security findings, internal behavior, detection methods, bypass methods, or vulnerability details about the Services without our prior written consent.

5. Lawful Use and Prohibited Conduct

You may use the Services only for lawful purposes and in compliance with all applicable local, state, provincial, federal, national, and international laws, rules, regulations, sanctions, and third-party terms that apply to you and your activity.

You may not use the Services to:

1. commit, facilitate, promote, conceal, or encourage fraud, theft, identity theft, payment abuse, chargeback abuse, unauthorized access, credential misuse, account takeover, money laundering, trafficking, evasion of sanctions, or any other illegal activity;
2. violate the rights of retailers, marketplaces, payment processors, users, or other third parties, including privacy, publicity, intellectual property, contract, data protection, or consumer protection rights;
3. harass, threaten, abuse, defame, impersonate, deceive, dox, stalk, exploit, or harm any person or group;
4. upload, transmit, store, distribute, or make available malware, malicious code, exploit code, harmful content, illegal content, or content that is obscene, hateful, defamatory, misleading, or otherwise objectionable;
5. probe, scan, attack, disrupt, overload, or interfere with the Services, our infrastructure, third-party websites, accounts, networks, payment systems, or security controls; or
6. use the Services in any manner that could cause harm to us, our users, third parties, retailers, payment processors, infrastructure providers, or the public.

Suspected fraudulent, abusive, harmful, or illegal activity may result in immediate suspension or termination of your Account and access to the Services. We may preserve and disclose relevant information and refer the matter to law enforcement, regulators, payment processors, platforms, infrastructure providers, or other appropriate parties. These remedies are in addition to any other rights or remedies available to us by law, equity, contract, or policy.

6. Third-Party Websites, Retailers, and Services

Poke Bot may interact with, link to, or support websites, retailers, marketplaces, payment processors, proxy providers, captcha providers, Discord, hosting providers, and other third parties. We do not own or control those third parties, and our Services are not endorsed by, sponsored by, or affiliated with them unless we expressly say otherwise in writing.

Third-party websites and services may change, restrict, block, suspend, rate limit, update, or disable access at any time. You are solely responsible for reviewing and complying with their terms, rules, policies, checkout limits, payment rules, privacy rules, and applicable laws. We are not responsible for your interactions, transactions, purchases, losses, bans, chargebacks, shipping issues, order cancellations, account actions, or other disputes involving third parties.

7. Fees, Subscriptions, Taxes, and Refunds

Fees, billing cadence, subscription period, license tier, device limits, and usage limits are stated at checkout, in your Account, in an invoice, or in another written order record accepted by us. Payments are processed through Stripe, Inc. and may be subject to that provider's separate terms.

Unless we expressly state otherwise in writing, fees are charged in advance and access may be suspended or terminated for failed, reversed, disputed, refunded, or overdue payments. You are responsible for taxes, duties, currency conversion costs, transaction fees, and other governmental charges associated with your purchase or use of the Services.

All sales are final. We do not provide refunds, returns, exchanges, credits, or cancellations once a license, subscription, renewal, or other purchase has been completed, except where a refund is required by applicable law or expressly granted by us in writing. Subscriptions remain active for the period purchased and will not be prorated upon cancellation. Do not rely on verbal or informal refund statements unless they are confirmed by us in writing.

8. Intellectual Property and Feedback

The Services, Software, source code, object code, architecture, design, interfaces, workflows, features, documentation, trademarks, logos, branding, content, know-how, and all related intellectual property are owned by us or our licensors and are protected by copyright, trade secret, trademark, contract, and other laws.

You do not acquire ownership of any part of the Services. You may not copy, redistribute, misuse, or exploit our content or proprietary materials except as expressly allowed by these Terms.

If you submit ideas, suggestions, bug reports, feature requests, comments, or other feedback, you grant us a perpetual, irrevocable, worldwide, royalty-free right to use, modify, commercialize, and incorporate that feedback without restriction or compensation to you.

9. Confidentiality

You agree to keep confidential and protect all non-public information related to the Services, including Software builds, source code, repository materials, license keys, credentials, internal documentation, pricing, technical specifications, screenshots of non-public features, support communications, security details, business plans, and other proprietary information.

You may use confidential information only as necessary to use the Services as authorized by these Terms. You may not disclose it to any third party unless we expressly authorize the disclosure in writing or the disclosure is required by law after you provide us reasonable notice where legally permitted.

Upon termination or our request, you must stop using and delete or return all confidential information, Software, documentation, installers, private files, and copies in your possession or control.

10. Monitoring, License Verification, and Enforcement

The Services may include technical measures that verify licensing, authenticate Accounts, validate devices, detect tampering, enforce usage limits, deliver updates, prevent abuse, collect diagnostics, and protect our users and systems. You may not interfere with those measures.

We may investigate suspected violations of these Terms. We may preserve, review, and disclose Account information, license activity, technical data, logs, support records, payment status, and other relevant information where we believe it is necessary to operate, secure, enforce, defend, or improve the Services; to comply with law; or to protect us, our users, third parties, or the public.

Our handling of personal information is governed by our Privacy Policy.

11. Support, Availability, and Changes

Support is available through support@pokebot.ca. We may change support channels, response times, supported websites, features, compatibility, pricing, availability, subscriptions, and the Services at any time.

We do not guarantee that the Services will be uninterrupted, error-free, secure, compatible with every system, compatible with every third-party website, or successful in obtaining any product, checkout, order, account result, or other outcome.

12. Open Source and Third-Party Components

The Software may include or interact with open source software, SDKs, libraries, APIs, or other third-party components that are subject to separate license terms. Those separate terms apply to the relevant components. Nothing in these Terms limits rights you may have under applicable open source licenses.

13. Disclaimers

To the fullest extent permitted by law, the Services are provided "as is" and "as available" without warranties of any kind, whether express, implied, statutory, or otherwise, including warranties of merchantability, fitness for a particular purpose, title, non-infringement, availability, accuracy, security, compatibility, and uninterrupted or error-free operation.

You assume all risks arising from your access to and use of the Services, your configuration choices, your accounts, your proxies, your payment methods, your interactions with third-party websites, and any purchases or transactions you attempt or complete.

14. Limitation of Liability

To the fullest extent permitted by law, we will not be liable for indirect, incidental, special, consequential, exemplary, punitive, or enhanced damages, or for lost profits, lost revenue, lost data, lost goodwill, business interruption, account bans, order cancellations, payment disputes, retailer actions, third-party actions, security incidents, or inability to use the Services, even if we have been advised of the possibility of those damages.

To the fullest extent permitted by law, our total cumulative liability to you for all damages, losses, and causes of action arising out of or relating to the Services or these Terms, whether in contract, tort, statute, or otherwise, will not exceed five hundred U.S. dollars (USD $500.00).

Some jurisdictions do not allow certain exclusions or limitations of liability, so some of the above limitations may not apply to you.

15. Indemnification

You agree to defend, indemnify, and hold harmless Poke Bot, its owners, officers, directors, employees, contractors, affiliates, licensors, service providers, and agents from and against any claims, demands, damages, losses, liabilities, fines, penalties, costs, and expenses, including reasonable attorneys' fees, arising out of or related to your use or misuse of the Services, your breach of these Terms, your violation of law, your violation of third-party rights, your interactions with third-party websites, your Account activity, your content, or any activity conducted through your credentials, devices, proxies, payment methods, or systems.

We may assume the exclusive defense and control of any matter subject to indemnification at your expense. You may not settle any matter in a way that imposes obligations on us or admits fault by us without our prior written consent.

16. Suspension and Termination

We may suspend, restrict, or terminate your Account, license, or access to the Services immediately, with or without notice, if we believe you violated these Terms, created risk for us or others, failed to pay fees, shared or transferred access, attempted to bypass controls, used the Services unlawfully, or engaged in fraudulent, abusive, harmful, or suspicious activity.

Upon termination, you must immediately stop using the Services and delete all Software, documentation, confidential information, installers, private files, and copies in your possession or control. Sections that by their nature should survive termination will survive, including ownership, restrictions, confidentiality, disclaimers, limitations of liability, indemnification, dispute terms, and general provisions.

17. Export, Sanctions, and Compliance

You must comply with all applicable export control, sanctions, anti-corruption, consumer protection, privacy, data protection, intellectual property, and other laws. You may not access, export, re-export, transfer, or use the Services in violation of applicable law, including U.S. export controls and sanctions rules.

18. Disputes, Governing Law, and Venue

These Terms and any dispute arising from or relating to them or the Services will be governed by the laws of the Province of Ontario and the federal laws of Canada applicable in Ontario, without regard to conflict of law rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

Before filing a formal claim, you agree to contact us at support@pokebot.ca with a written description of the dispute and give us thirty (30) days to try to resolve it informally.

Any court proceeding that is not subject to small claims jurisdiction must be brought exclusively in the courts located in Toronto, Ontario, Canada, and you consent to personal jurisdiction and venue there.

You and Poke Bot each agree that any claim may be brought only in your or its individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding. You and Poke Bot each waive any right to a trial by jury to the fullest extent permitted by law.

19. Changes to These Terms

We may update these Terms from time to time. When we do, we will update the effective date and make the revised Terms available through the website, dashboard, app, email, or another reasonable method. We may require you to accept updated Terms before continuing to use the Services. Continued access to or use of the Services after updated Terms become effective means you accept the updated Terms.

20. General Provisions

You may not assign, transfer, or delegate these Terms or your Account without our prior written consent. We may assign these Terms in connection with a merger, acquisition, financing, reorganization, sale of assets, or by operation of law.

If any provision of these Terms is found invalid or unenforceable, the remaining provisions will remain in full force and effect, and the invalid provision will be modified to the minimum extent necessary to make it enforceable. Our failure to enforce any provision is not a waiver. Headings are for convenience only. These Terms, together with any applicable checkout terms, order records, and policies referenced here, constitute the entire agreement between you and us regarding the Services.

21. Contact

Questions, notices, support requests, and legal correspondence should be sent to support@pokebot.ca. A physical mailing address is available on written request to that email.