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Terms of Service

Last updated: November 7, 2025

1. Acceptance of Terms

By accessing and using ThePocketBoss ("Service"), you accept and agree to be bound by the terms and provision of this agreement. If you do not agree to these Terms of Service, please do not use our Service.

2. Description of Service

ThePocketBoss provides business management software including but not limited to: scheduling, invoicing, project management, client management, inventory tracking, and related business tools.

3. Account Registration

To use ThePocketBoss, you must register for an account. You agree to:

  • Provide accurate, current, and complete information during registration
  • Maintain and promptly update your account information
  • Maintain the security of your password and account
  • Notify us immediately of any unauthorized use of your account
  • Accept responsibility for all activities that occur under your account

4. Subscription and Payment

ThePocketBoss is a paid subscription service priced at $19.99 per month. By subscribing, you agree to:

  • Provide valid payment information
  • Pay all fees associated with your subscription
  • Authorize us to charge your payment method on a recurring monthly basis
  • Understand that subscriptions automatically renew unless cancelled

You may cancel your subscription at any time. Cancellations will take effect at the end of your current billing period. We do not provide refunds for partial months.

5. Acceptable Use

You agree not to use the Service to:

  • Violate any applicable laws or regulations
  • Infringe on intellectual property rights of others
  • Transmit any malicious code, viruses, or harmful content
  • Attempt to gain unauthorized access to our systems
  • Interfere with or disrupt the Service or servers
  • Use the Service for any illegal or unauthorized purpose

6. Your Data

You retain all rights to the data you input into ThePocketBoss. We claim no ownership over your business data. You are responsible for maintaining backups of your data.

We reserve the right to delete data from accounts that have been inactive or unpaid for extended periods.

7. Intellectual Property

The Service, including its original content, features, and functionality, is owned by ThePocketBoss and is protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.

8. SMS and Telecommunications Services

8.1 Platform Provider Role

ThePocketBoss provides a software platform that enables you ("Service Provider") to send SMS and other telecommunications messages to your customers. You acknowledge and agree that:

  • ThePocketBoss acts solely as a technology platform and messaging facilitator
  • You are the sender and originator of all messages sent through the platform
  • You retain full responsibility and liability for the content, timing, frequency, and recipients of all messages
  • ThePocketBoss does not control, review, approve, edit, or endorse the content of your messages

8.2 Your Compliance Obligations

As the message sender, you are solely responsible for compliance with all applicable laws, regulations, and industry standards, including but not limited to:

  • Telephone Consumer Protection Act (TCPA) and all amendments
  • CAN-SPAM Act and anti-spam regulations
  • CTIA Messaging Principles and Best Practices
  • FCC regulations and rules
  • State and local telecommunications laws
  • International telecommunications regulations applicable to your messages
  • Industry-specific regulations (HIPAA, FERPA, GLBA, etc. as applicable)

8.3 Consent and Opt-In Requirements

You represent, warrant, and covenant that for every message you send through the Service:

  • You have obtained prior express written consent from each recipient to receive SMS messages
  • Your consent collection methods comply with all applicable laws and regulations
  • You maintain accurate records of all consent, including date, time, method, and proof
  • You provide clear opt-out mechanisms and honor opt-out requests immediately
  • You do not send messages to reassigned or recycled phone numbers without new consent
  • You provide accurate caller identification and message content disclosures

8.4 Prohibited Content and Uses

You may not use the SMS services to send messages that:

  • Violate any applicable laws, regulations, or third-party rights
  • Contain illegal, fraudulent, deceptive, or misleading content
  • Constitute harassment, abuse, threats, or spam
  • Promote illegal activities, violence, or discrimination
  • Contain malware, viruses, or malicious code
  • Violate carrier guidelines or acceptable use policies
  • Facilitate phishing, fraud, or identity theft
  • Impersonate others or misrepresent your identity

8.5 Indemnification for SMS Services

You agree to indemnify, defend, and hold harmless ThePocketBoss, its affiliates, officers, directors, employees, agents, and third-party service providers (including Twilio and other telecommunications carriers) from and against any and all claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from or related to:

  • Your use of the SMS services or messaging platform
  • The content of messages you send through the Service
  • Your violation of TCPA, CAN-SPAM, CTIA guidelines, or other telecommunications laws
  • Claims of unsolicited messages, spam, or harassment by your message recipients
  • Lack of proper consent from message recipients
  • Failure to honor opt-out requests or maintain do-not-contact lists
  • Any regulatory fines, penalties, or enforcement actions related to your messaging practices
  • Claims by telecommunications carriers regarding your message content or practices
  • Privacy violations or unauthorized disclosure of recipient information

8.6 Platform Limitations and Disclaimers

You acknowledge and agree that:

  • Message delivery is not guaranteed and depends on carrier networks beyond our control
  • Delivery times may vary and are not guaranteed
  • Carriers may filter, block, or delay messages at their discretion
  • Message costs and carrier fees are your responsibility
  • We may suspend or terminate messaging services if we reasonably believe you are violating laws or regulations
  • Telecommunications carriers may impose usage limits, content restrictions, or other requirements
  • We reserve the right to implement rate limiting, filtering, or other controls to ensure platform integrity

8.7 Regulatory Cooperation

You agree to cooperate fully with any regulatory investigations, audits, or inquiries related to your use of the SMS services. You will provide documentation of consent, message logs, and other records as requested by regulatory authorities or as required by law. Failure to cooperate may result in immediate suspension or termination of your account.

8.8 Third-Party Service Providers

Our SMS services utilize third-party telecommunications providers (including Twilio). You acknowledge that such providers have their own terms of service and acceptable use policies, and you agree to comply with all applicable third-party terms. We are not responsible for the acts or omissions of third-party providers.

9. Limitation of Liability

To the maximum extent permitted by law, ThePocketBoss shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, or other intangible losses resulting from:

  • Your use or inability to use the Service
  • Any unauthorized access to or use of our servers and/or any personal information stored therein
  • Any interruption or cessation of transmission to or from the Service
  • Any bugs, viruses, or similar items that may be transmitted through the Service by any third party
  • The content, timing, or recipients of any messages you send through the SMS services
  • Any claims, fines, penalties, or damages arising from your use of SMS or telecommunications services
  • Any failure of message delivery or delays in transmission
  • Any actions taken by telecommunications carriers regarding your messages

IN NO EVENT SHALL THEPOCKETBOSS'S AGGREGATE LIABILITY EXCEED THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY. THIS LIMITATION APPLIES TO ALL CLAIMS, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, AND WHETHER OR NOT THEPOCKETBOSS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

10. Service Availability

We strive to provide reliable service but do not guarantee that the Service will be uninterrupted, timely, secure, or error-free. We reserve the right to modify, suspend, or discontinue the Service at any time without notice.

11. Termination

We may terminate or suspend your account and access to the Service immediately, without prior notice or liability, for any reason, including but not limited to breach of these Terms. Upon termination, your right to use the Service will immediately cease.

12. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify users of any material changes by posting the new Terms on this page and updating the "Last updated" date. Your continued use of the Service after such modifications constitutes your acceptance of the updated Terms.

13. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the United States, without regard to its conflict of law provisions.

14. Contact Us

If you have any questions about these Terms, please contact us at:

Email: [email protected]