Terms of Service

These Terms of Service ("Terms") govern your access to and use of POKA Business, PokaChat, and PokaDrop (collectively, the "Services").

By creating an account, clicking acceptance, accessing, or using any part of the Services, you agree to these Terms and our Privacy Policy.

If you use the Services on behalf of an organization, you represent that you have authority to bind that organization.

If you do not agree to these Terms, you must not access or use the Services.

You must provide accurate and current information, maintain account security, and promptly update details when they change.

You are responsible for all activities conducted through your account and for safeguarding credentials and authentication methods.

You may not share accounts in a way that bypasses seat, subscription, or security controls.

You must promptly notify us at contact@poka.digital if you suspect unauthorized account access or compromise.

We may modify, update, suspend, or discontinue parts of the Services from time to time for security, legal, technical, or business reasons.

We aim for high availability but do not guarantee uninterrupted or error-free operation.

Where reasonably possible, we provide advance notice for material feature removals or service-impacting maintenance.

You agree not to use the Services for unlawful, harmful, fraudulent, abusive, infringing, or security-violating activity.

You must not attempt unauthorized access, interfere with service integrity, evade controls, scrape or reverse engineer restricted components, or distribute malware or prohibited content.

You are responsible for compliance with applicable laws, including intellectual property, privacy, export controls, and sanctions requirements that apply to your use.

We may investigate suspected violations and take proportionate action, including content restriction, suspension, or termination.

You retain ownership of content you submit, upload, or transmit through the Services.

You are responsible for ensuring you have rights and permissions for any content you share.

You grant POKA and our subprocessors a limited, non-exclusive license to host, process, transmit, back up, and display your content only as necessary to provide, secure, and improve the Services.

This license ends when your content is deleted from active systems, subject to backup retention and legal obligations.

You remain solely responsible for content accuracy, legality, and obtaining any required notices and consents from third parties.

Use of the Services is subject to our Privacy Policy, which describes how we collect and process information.

Where applicable, you acknowledge your obligations as an independent data controller/fiduciary for personal data you submit to the Services and represent that you have a valid legal basis for such submission.

PokaChat and PokaDrop are designed so active user data remains on device and in active session context, and is purged at session end according to product behavior and user actions.

We do not store or maintain persistent chat message content from PokaChat as part of standard service operation after a session ends.

For product reliability and roadmap planning, we may process limited anonymous or de-identified telemetry (for example feature usage counts, crash signals, performance timings, and non-content diagnostics) that does not include chat message content.

Where applicable law requires, analytics collection is subject to consent and/or opt-out controls.

Paid plans, usage charges, and billing terms are described at purchase, checkout, or in a separate order form.

Unless otherwise stated, fees are non-refundable and payable in the currency specified at checkout. You are responsible for applicable taxes, levies, and duties, excluding taxes based on our net income.

If payment is overdue, we may suspend paid features after reasonable notice, unless prohibited by law.

You authorize us and our payment processors to charge your selected payment method for recurring subscriptions and approved usage fees.

The Services may integrate with third-party products or infrastructure (for example cloud storage, identity providers, or payment processors).

Your use of third-party services is governed by their terms and privacy notices. We are not responsible for third-party products outside our reasonable control.

Third-party outages, policy changes, or API limitations may affect dependent Service features without creating additional liability for POKA.

All rights, title, and interest in the Services, software, and related materials (excluding your content) remain with POKA and its licensors.

Except as expressly allowed in these Terms, no rights are granted to use our trademarks, branding, or proprietary technology.

You may not remove copyright, trademark, or proprietary notices embedded in the Services or related materials.

You may stop using the Services at any time. We may suspend or terminate access for violations, security risk, legal requirements, or abuse.

Upon termination, rights to access the Services cease, but provisions that by nature survive termination remain in effect, including payment obligations, intellectual property terms, disclaimers, liability limitations, indemnities, and dispute terms.

Where feasible, we may provide a limited opportunity to export account data before full account closure, subject to security and legal constraints.

The Services are provided on an "as is" and "as available" basis to the maximum extent permitted by law.

We disclaim implied warranties, including merchantability, fitness for a particular purpose, and non-infringement, except where prohibited by law.

No oral or written advice from us creates a warranty unless expressly stated in a signed written agreement.

To the fullest extent permitted by law, POKA is not liable for indirect, incidental, special, consequential, or punitive damages, or loss of data, profits, or business opportunity.

Our total aggregate liability for claims relating to the Services will not exceed the amounts paid by you for the applicable Services during the twelve (12) months preceding the event giving rise to the claim.

Nothing in these Terms excludes or limits liability that cannot be excluded under applicable law, including liability for fraud or willful misconduct where non-waivable.

Liability limitations apply regardless of legal theory, whether in contract, tort, strict liability, or otherwise.

You agree to defend, indemnify, and hold harmless POKA and its affiliates, officers, employees, and agents from claims, liabilities, damages, and costs arising out of your content, your use of the Services, or your violation of these Terms or applicable law.

This indemnity includes reasonable legal fees and costs incurred in investigating or defending covered claims.

These Terms are governed by the laws of India, unless a separate written commercial agreement states otherwise.

Before initiating formal proceedings, either party will provide written notice of dispute and the parties will attempt good-faith resolution for at least thirty (30) days from the date of notice.

If the dispute is not resolved within that period, it will be finally resolved by arbitration in accordance with the Arbitration and Conciliation Act, 1996.

The tribunal will consist of one (1) arbitrator appointed by mutual agreement of the parties, and failing agreement, appointed in accordance with applicable law.

The seat and venue of arbitration will be New Delhi, India, and the arbitration proceedings will be conducted in English.

Subject to applicable law, courts at New Delhi, India will have exclusive jurisdiction for interim relief, injunctive relief, and enforcement of arbitral awards.

For legal notices, complaints, or grievance redressal (including India-specific grievance channels), contact: contact@poka.digital, Grievance Officer: Grievance Officer, Colourscopic Media, Delhi, India (contact@poka.digital).

We will process and respond to valid grievances and legal notices within timelines required by applicable law.

If a law requires a specific complaint channel or format, you should follow that process to help us validate and resolve your request quickly.

We may update these Terms from time to time. Material changes will be notified through the Services or by other reasonable means before or when changes take effect, as required by law.

Continued use of the Services after the effective date of updated Terms constitutes acceptance of the updated Terms.

If you do not agree to updated Terms, you must stop using the Services before the updated Terms take effect.