Terms of Service
1. Acceptance of Terms
These Terms of Service ("Terms") form a binding agreement between you and PocketHR, [a LEGAL ENTITY TYPE, e.g., an LLC organized under the laws of the State of Georgia] ("PocketHR," "we," "us," or "our"). "User," "you," and "your" refer to any individual or entity that accesses or uses the PocketHR website, mobile application, and related services (collectively, the "Platform"). "Client" refers to a User who submits a question or requests guidance through the Platform. "Consultant" refers to a User who provides HR consultancy responses through the Platform. Client and Consultant are together "Users."By accessing or using the Platform, or by clicking to accept these Terms, you (1) accept and agree to these Terms, (2) consent to the collection, use, and handling of information as described in our Privacy Policy, and (3) agree to comply with all rules, policies, and disclaimers posted on the Platform.If you use the Platform on behalf of an organization, you represent that you have authority to bind that organization, and your acceptance will be treated as that organization's acceptance.
2. The Platform
The PocketHR Platform is an online venue for general informational and educational purposes that connects Clients with Consultants regarding human resources processes, best practices, and reference material. PocketHR itself does not provide HR consultancy, legal advice, or any professional service to Clients — Users of the Platform provide the substantive content of all consultations. Consultants are independent contractors and are not employees or agents of PocketHR. PocketHR is not acting as an agent for any Client or Consultant. Consultants have sole discretion over which questions to respond to and how to respond.PocketHR is not involved in, and does not monitor in real time, the substance of conversations between Users. We are not liable for acts or omissions of Users, for the content of any question, response, profile, or message exchanged on the Platform (collectively, "Posts"), or for a Consultant's failure to complete a requested consultation.EMERGENCY OR URGENT WORKPLACE SITUATIONS — including imminent legal deadlines, active harassment, safety threats, or matters requiring immediate legal representation — should not be directed to the Platform. Contact a licensed attorney, your local bar association's referral service, or, where applicable, law enforcement or emergency services directly.PocketHR does not guarantee the identity, credentials, licensure, or accuracy of information provided by any Consultant, and does not warrant that a Consultant's response will be complete, current, or applicable to your jurisdiction. Use of the term "Consultant" describes a User who responds to questions on the Platform and does not guarantee any particular level of expertise.NOT LEGAL ADVICE. NO PROFESSIONAL RELATIONSHIP FORMED. Responses provided by Consultants through the Platform are for general informational and consultancy purposes only — including information on HR processes, best practices, and reference material — and are not legal advice, and not a substitute for advice from a licensed attorney. This is true even where a Consultant happens to be a licensed attorney: no attorney-client relationship, and no other professional-client relationship, is formed through use of the Platform. Consultants will not apply legal principles to your specific factual situation or propose a specific course of legal action. Employment and labor laws vary significantly by jurisdiction and change frequently; you should consult a licensed attorney in your jurisdiction before acting on anything discussed on the Platform.Communications on the Platform are not confidential and are not protected by attorney-client privilege or any other privilege, whether or not the responding Consultant is an attorney.
3. Extended Consultations
You may be offered the option of an "Extended Consultation" — a service beyond the Platform's standard question-and-response format (for example, a scheduled call or ongoing engagement). PocketHR is only a venue facilitating the connection between Clients and Consultants for Extended Consultations and does not provide the substance of any Extended Consultation.PocketHR is not a party to any agreement you reach with a Consultant for an Extended Consultation, does not guarantee that any Consultant will accept your request, and — where the Consultant is an attorney — is not a law firm and does not operate as a lawyer referral service. Extended Consultations remain general informational and consultancy services unless and until you separately and explicitly engage a Consultant outside the Platform for representation, in which case that engagement is governed solely by the agreement between you and that Consultant.
4. Fair Use Policy
Subscriptions and consultation credits are intended for personal or, where applicable, single-organization business use only, and are non-transferable and not for resale. Excessive or shared use across unrelated individuals or entities may be treated as a Fair Use violation and may result in suspension of access.
5. Modification of Terms or Platform
Except for Section 17 (Arbitration and Class Action Waiver), PocketHR may modify these Terms at any time. We will provide notice of material changes as required by law. Continued use of the Platform after a modification constitutes acceptance of the modified Terms. PocketHR may also modify, suspend, or discontinue the Platform, in whole or in part, at any time.
6. Eligibility and Account Creation
Only individuals who are at least 18 years old and able to form binding contracts may create an Account or use the Platform. You agree to provide accurate, current, and complete information, and to keep it updated. You are solely responsible for safeguarding your Account credentials and for all activity on your Account, and must notify PocketHR immediately of any unauthorized use.
7. Posts and Communications with Consultants
Posts and other communications exchanged on the Platform are not confidential, are not privileged, and may be used by PocketHR for purposes including quality review, training, and platform improvement, consistent with our Privacy Policy. You retain whatever ownership interest you have in your own Posts, but grant PocketHR a non-exclusive, worldwide, royalty-free license to use, reproduce, and display your Posts in connection with operating and improving the Platform.You are solely responsible for the content of your own Posts and represent that you have all rights necessary to share it. PocketHR may, but has no obligation to, review, edit, or remove Posts at its discretion.
8. Prohibited Conduct
You agree not to:
●Represent that a response received through the Platform constitutes legal advice or creates a professional-client relationship;
●Impersonate any person, or misrepresent your credentials, licensure, or affiliation;
●Create multiple Accounts, or share your Account with another person;
●Use the Platform to submit content that is fraudulent, defamatory, harassing, or that infringes another party's intellectual property or privacy rights;
●Scrape, reverse-engineer, or use automated means to access, copy, or extract content from the Platform;●Use the Platform to train, or provide data to train, any artificial intelligence or machine learning model, except as expressly authorized by PocketHR;
●Circumvent the Platform to transact directly with a Consultant in order to avoid PocketHR's fees;
●Use the Platform for any unlawful purpose or in violation of any applicable law, regulation, or professional ethics rule.Violation of these Terms may result in suspension or termination of your Account, in PocketHR's discretion.
9. Notice and Procedure for Copyright Claims
If you believe content on the Platform infringes your copyright, please submit a notice consistent with the Digital Millennium Copyright Act, including identification of the copyrighted work, the allegedly infringing material, and your contact information, to [DESIGNATED COPYRIGHT AGENT CONTACT]. PocketHR will disable access to content and/or terminate Accounts of repeat infringers as appropriate.
10. Fees, Refunds, and CancellationSubscriptions
PocketHR may offer recurring subscription plans that provide access to the Platform for an auto-renewing period (e.g., monthly or annually) at the price disclosed at sign-up. Your subscription will automatically renew at the then-current price unless cancelled at least 24 hours before the end of the current period. Fees are non-refundable except as expressly stated here or as required by law.Pay-Per-ConsultationWhere offered, you may pay a disclosed price for a single consultation. A portion of that payment is retained by PocketHR as a platform fee, and a portion is paid to the responding Consultant. Charges are non-refundable except as expressly stated here.CancellationYou may cancel a subscription at any time through your Account settings or by written notice to [SUPPORT EMAIL]; cancellation is effective at the end of the current billing period, and no partial-period refunds are provided except as required by law.TaxesConsultants are solely responsible for any taxes arising from amounts paid to them through the Platform.
11. Proprietary Rights and Limited License
The Platform and all content, software, trademarks, and other materials made available through it (excluding User Posts) are the exclusive property of PocketHR and its licensors, and are protected by applicable intellectual property laws. Subject to your compliance with these Terms, PocketHR grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Platform for its intended purpose.
12. Feedback
If you provide PocketHR with feedback or suggestions about the Platform, you grant PocketHR an irrevocable, royalty-free, worldwide license to use that feedback for any purpose, without obligation of confidentiality or compensation to you.
13. Third-Party Links and Services
The Platform may link to third-party websites or services that PocketHR does not control and is not responsible for. Your use of any linked third-party site is at your own risk and subject to that site's own terms.
14. Duration and Termination
These Terms remain in effect from the time you first access the Platform until terminated by you or by PocketHR. You may terminate your Account at any time by written notice to [SUPPORT EMAIL]. PocketHR may suspend or terminate your Account, with or without notice, for any reason, including violation of these Terms. Sections of these Terms that by their nature should survive termination — including Sections 2, 7, 8, 11, 12, 15, 16, 17, and 18 — will survive.
15. Indemnification
You agree to indemnify, defend, and hold harmless PocketHR and its officers, employees, and agents from any claims, losses, liabilities, and expenses (including reasonable attorneys' fees) arising out of your use of the Platform, your Posts, or your violation of these Terms.
16. Disclaimers
THE PLATFORM AND ALL CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. POCKETHR DOES NOT WARRANT THAT RESPONSES OBTAINED THROUGH THE PLATFORM WILL BE ACCURATE, COMPLETE, OR APPLICABLE TO YOUR SITUATION OR JURISDICTION. NO INFORMATION OBTAINED THROUGH THE PLATFORM CREATES ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.You are solely responsible for evaluating the accuracy, completeness, and applicability of any information obtained through the Platform, and for seeking the advice of a licensed professional before acting on it. Some jurisdictions do not allow certain warranty limitations, so some of the above limitations may not apply to you.
17. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, POCKETHR AND ITS OFFICERS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF THE PLATFORM, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL POCKETHR'S TOTAL LIABILITY TO YOU EXCEED THE GREATER OF (A) $100 OR (B) THE AMOUNTS YOU PAID TO POCKETHR IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
18. Arbitration and Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY — IT AFFECTS YOUR RIGHT TO FILE A LAWSUIT IN COURT.
Before initiating arbitration or a lawsuit, the parties agree to attempt to resolve any dispute informally by contacting [SUPPORT EMAIL] and engaging in good-faith negotiations for at least 30 days.If a dispute is not resolved informally, it shall be resolved by binding arbitration administered by [ARBITRATION PROVIDER, e.g., the American Arbitration Association ("AAA")] under its rules then in effect, rather than in court, except that either party may bring an individual claim in small claims court, or a claim to protect intellectual property rights, in court.
YOU AND POCKETHR AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
You may opt out of this arbitration agreement by sending written notice to [SUPPORT EMAIL] within 30 days of first accepting these Terms.
19. Venue and Governing Law
For any dispute not subject to arbitration, you and PocketHR agree to the exclusive jurisdiction of the state and federal courts located in [COUNTY, STATE — e.g., Gwinnett County, Georgia]. These Terms are governed by the laws of the State of [STATE], without regard to conflict-of-law principles.
20. Mobile Application License
Subject to your compliance with these Terms, PocketHR grants you a limited, non-exclusive, non-transferable license to download and use the PocketHR mobile application on a device you own or control, solely for your personal or authorized business use.
21. General Provisions
Entire Agreement
These Terms, together with our Privacy Policy and any Consultant Agreement, constitute the entire agreement between you and PocketHR regarding the Platform.
Severability
If any provision of these Terms is found unenforceable, the remaining provisions will remain in full force and effect.
Assignment
PocketHR may assign these Terms without notice to you. You may not assign these Terms without PocketHR's prior written consent.
Notice
PocketHR may provide notice to you via email, through the Platform, or by other reasonable means.
22. Contact Us
Questions about these Terms may be directed to [SUPPORT EMAIL / CONTACT PAGE].