Platform terms and conditions

Pocket Trainer F&B Services LLC

PART 1 – GENERAL USER TERMS AND CONDITIONS

Welcome to Pocket Trainer, the platform which empowers hospitality businesses to digitalise the way they share information between team members. Before you start enjoying our platform, we have to set out the rules which will govern Pocket Trainer's relationship with you. We have done our best to make them as easy to understand as possible but if you have any questions at all, feel free to contact us at talktous@pockettrainer.app.

THESE TERMS

In these terms and conditions (together with the documents referred to in them) (the Terms), we'll refer to our Website, which refers to all our sites located at or accessible through www.pockettrainer.app, our Mobile Application, which is available for download, and our Web Application, which is accessible via our Website on desktop and mobile devices, together as our Platform. References to our Website include our owned sites, but do not include links to third-party sites, such as the sites of our partners.

These Terms govern your relationship with us when you access our Platform, so please make sure to read them carefully before you start accessing the Platform. Once you start using our Platform you are taken to have understood and accepted these Terms. These Terms will form a binding agreement between you and us so if you have any questions, please let us know.

At Pocket Trainer, you are either an organisation signing up to use our services pursuant to a Statement of Work (a Business) or you are a staff member within a Business who has been provided with login credentials in order to use our Platform within your role at a Business (a Staff Member). Certain Staff Members are appointed to administrate a Business' account with us, for example a team leader, and we refer to such Staff Members also as Admin Users. Whilst our commercial agreements are with Businesses, these Terms apply to any person or organisation using our Platform, including Staff Members. If we are talking about Businesses and Staff Members together, we will refer to you collectively in these Terms as Users.

Pocket Trainer is a facilitation product, principally in respect of communications between Businesses and Staff Members, and so acts as an intermediary between them. As such, Pocket Trainer is not a party to any contractual relationship between Businesses and their Staff Members, and as such shall not be a party to or involved in any disputes or disagreements between Businesses and their Staff Members. Businesses are responsible for managing any human resources or other internal matters within their operations, including with respect to use of our Platform.

These Terms apply to all services provided by Pocket Trainer, including but not limited to the LMS platform, custom content creation, outsourced training management, and course store access. Specific terms for each service may be outlined in separate Statements of Work.

WHO WE ARE

We are Pocket Trainer F&B Services LLC trading as Pocket Trainer, incorporated and registered in the United Arab Emirates with company registration number 2111811.01 (referred to as Pocket Trainer, we, our and us). Thank you for using our service.

Pocket Trainer provides a range of services beyond its core LMS offering. These services include:

LMS platform services: Access to training modules, quizzes, employee management, and compliance tracking.
Custom content creation and modification: Clients may request bespoke training content or modifications to existing Pocket Trainer materials.
Outsourced training management: Pocket Trainer offers full-service training administration, including course assignment, tracking, and compliance reporting.
Course store access: Users may access a library of pre-built courses, currently free but subject to future pricing changes at Pocket Trainer's discretion.

OTHER APPLICABLE TERMS

These Terms also include our Privacy Policy (the Privacy Policy). You should read the Privacy Policy as it sets out the terms on which we process (collect, use, share, etc.) any personal data we collect from Users or that you provide to Users and how we will communicate with you via the Platform. The Privacy Policy is the sole governing document for all data processing activities, including cookies, tracking technologies, marketing communications, and AI-powered features. Any disclaimers shown on our Platform are also to be read in conjunction with these Terms, and in case of any conflict with them, such disclaimers will take priority.

Cookies and tracking. We use cookies and similar tracking technologies on our website. Non-essential cookies, including analytics and advertising cookies, are only activated following your explicit consent via our cookie consent banner. You can manage or withdraw your cookie preferences at any time via the cookie settings on our website. Rejecting non-essential cookies does not affect your ability to use the Platform. Full details of the cookies we use and your choices are set out in our Privacy Policy.

AI-powered features. Use of AI-powered features within the Platform (such as automated quiz generation) is optional and subject to the data handling provisions set out in our Privacy Policy.

CHANGES TO THESE TERMS

We may from time to time amend these Terms to ensure that we remain compliant with relevant laws and regulations or to keep up to date with improvements or changes we might make to the services and experiences we can offer to you via our Platform. If we make significant changes to these Terms or to the services within the Platform, we will let you know what these significant changes are and you may contact us at talktous@pockettrainer.app if you have queries regarding these significant changes.

Pocket Trainer may introduce new services or change existing offerings, including pricing adjustments for course store access or additional services. Users will be notified of such changes at least 30 days in advance.

We don't expect you to check these Terms every time you use our Platform but equally, we don't want to disturb you with every little update. We just ask that you check this page from time to time to take notice of any changes we have made. This is important because by continuing to use any of the Platform after changes are made, you are accepting those changes and will be bound by them.

OUR ROLE IN RELATIONSHIPS BETWEEN BUSINESSES AND THEIR STAFF MEMBERS

Our Platform exists, amongst other things, to allow Businesses to better connect and communicate with their Staff Members. Our involvement in a Business – Staff Member relationship is limited to the operations of our Platform and anything beyond that is beyond our remit and reasonable control.

As such we cannot be held responsible for the interactions or omissions of Users generally within the Platform, for example within communications enabled on it, or outside of the Platform, for example during usual business service. We are not responsible for moderating interactions on the Platform, and it is each Business' responsibility to ensure that Staff Members' use of the Platform is appropriate and within each Business' own rules and code of conduct. Pocket Trainer cannot under any circumstances enforce, guarantee or otherwise interfere with private contractual or other relationships between Businesses and their Staff Members or between Staff Members generally. Where requested to provide information as part of a dispute, Pocket Trainer will give reasonable consideration to any such requests but provides no guarantees or assurances in this regard. Pocket Trainer may however follow procedures set out in these Terms where appropriate.

As such, subject to applicable law, Pocket Trainer holds no liability to Users beyond what is stated in these Terms. All Users understand and agree that Pocket Trainer is not responsible for reviewing or verifying Business' agreements and policies with Staff Members, and each Business agrees to indemnify Pocket Trainer in full for all losses, costs and expenses arising out of any claim made against Pocket Trainer in respect of an actual or potential breach by a Business of its own agreements or policies. Procedures for complaints are clearly set out in these Terms or stated clearly on our Website.

PLATFORM AND CONTENT LICENCE RESTRICTIONS

Except as expressly allowed in these Terms, you may not:

copy the Platform in whole or in part or any Content (which means any audio, video, text, images, trademarks, logos or other content which may be made available to you by us and may sometimes include content which is owned or controlled by third parties (such as our partners) which we are permitted to make available to you);
transfer the Platform or Content to anyone else, except where we make possible and encourage sharing;
sub-license or otherwise make the Platform or Content available in whole or in part (and whether in object or source code form) to any person;
make any alterations to, or modifications of, the Platform or Content; or
disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the Platform or Content or attempt to do so,

(together the Platform and Content Licence Restrictions).

ACCEPTABLE USE RESTRICTIONS

You may use the Platform only for lawful purposes and those outlined in these Terms. In particular, but without limitation, you agree not to:

act or behave in a way that is disrespectful or invalidating of other Businesses, Staff Members or people in general;
discriminate against other people or organisations in any way, whether directly or indirectly, based on age, disability, marriage and civil partnership, pregnancy and maternity, religion or belief, race, gender identity and sexual orientation;
use the Platform in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
use, share, or otherwise exploit the Platform for any commercial, business, or monetised purpose whatsoever other than those purposes outlined in these Terms to improve your own internal Business operations;
reproduce, duplicate, copy, share, or re-sell any part of the Platform in contravention of these Terms;
use the Platform in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other Users;
use the Platform in a way which we deem to be inappropriate or abusive or which could cause offence or distress in any way to any User, Business Staff Member, Pocket Trainer staff-member or other person associated with our service;
upload any inappropriate or adult Content or be in any way associated with the adult industry on the Platform;
transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of the Platform;
access without authority, interfere with, damage or disrupt (a) any part of the Platform; (b) any equipment or network on which any part of the Platform is stored; (c) any software used in the provision of any part of the Platform; or (d) any equipment, network or software owned or used by any third party;
do anything to breach these Terms.

(together the Acceptable Use Restrictions).

COURSE STORE AND ADDITIONAL PAID SERVICES

Pocket Trainer currently provides access to pre-built training courses free of charge via its course store. However, Pocket Trainer reserves the right to introduce pricing for this service in the future. Clients will be notified at least 30 days before any changes to course store pricing take effect.

OUTSOURCED TRAINING MANAGEMENT RESPONSIBILITIES

For clients using outsourced training management services, Pocket Trainer is responsible for:

Administering training programs, including course assignments, tracking, and compliance reporting.
Providing insights and recommendations on training effectiveness.
Managing training content updates as needed.

However, clients remain responsible for:

Ensuring employee participation and overall compliance with industry regulations.
Reviewing reports and acting on training gaps identified by Pocket Trainer.

Pocket Trainer is not liable for any regulatory non-compliance resulting from incomplete employee training or lack of engagement from the client's workforce.

TERMINATION OF YOUR RIGHTS

As Business or individual Staff Member, we reserve the right to end or suspend your rights under these Terms immediately and without notice if:

you have breached any of the Platform and Content Licence Restrictions and/or Acceptable Use Restrictions;
we believe that your use of the Platform on an independent occasion or on a continued basis is unsuitable or inappropriate in any way at our sole discretion; or
you are otherwise in breach of these Terms.

If we end your rights under these Terms:

you must immediately stop all activities authorised by these Terms, including your access to and use of any or all of the Platform;
if we ask you to you must immediately delete or remove the Platform from all devices then in your possession, custody or control and, if required, confirm to us that you have done so;
you must immediately settle any debts due to us or any other party in accordance with these Terms; and
Businesses will not be entitled to any refund of sums paid as a result of their breach or unsuitable use, subject to Pocket Trainer's reasonable discretion.

For outsourced training management, Pocket Trainer reserves the right to terminate services if the client fails to comply with agreed training implementation procedures. If a client cancels an outsourced training management service, termination fees may apply as outlined in the relevant Statement of Work.

Where a Staff Member has breached these Terms and we become aware of this, we will not automatically terminate a Business' agreement with us, and we will request that the Business takes appropriate internal action. However, in all cases, we reserve the right to suspend an individual's use of our Platform if we believe it is in breach of these Terms.

COMPLAINTS

Any complaints regarding the Platform should be directed to talktous@pockettrainer.app and will be dealt with by our internal team.

Where complaints relate to the actions or inactions of a Business or Staff Member, Pocket Trainer will be entitled to take such action as it deems necessary or appropriate, including without limitation to remove or suspend applicable Users, to require certain User content to be taken down or edited (or to take such action without the User's prior consent), or to inform that a dispute is handled internally within a Business. Pocket Trainer will use its reasonable efforts to respond to and address complaints in respect of interactions between Staff Members and Businesses. However, Pocket Trainer will not be entitled or able to resolve commercial disputes in respect of the subject matter of internal disputes between Staff Members and their applicable Business, or between Users generally. Pocket Trainer may be able to provide evidence at any applicable hearing or tribunal provided that it is reimbursed for its time, expenses and administrative costs of doing so.

GENERAL CONFIDENTIALITY

Each party to these Terms (as Recipient of information) agrees to protect each other party's confidential information with the same degree of care as the Recipient employs for the protection of its own trade secrets and confidential information; not use, copy or record any confidential information for any reason other than as envisaged by these Terms; to limit access to any confidential information to (as applicable) its employees, agents, or independent contractors on a "need to know" basis (and advise such of the obligations assumed herein); and not disclose any confidential information to any third party (other than to the extent necessary to comply with the reasonable requests of professional services providers or legal authorities) without the discloser's prior written consent.

Information need not be marked as confidential to be considered confidential. Further commitments with regards to each Business' sensitive commercial data is set out in Part 2.

AVAILABILITY OF THE PLATFORM

The Platform is provided on an "as is" basis. Other than as set out in these Terms, we make no representations, warranties or guarantees of any kind regarding the availability or operation of the Platform, or that it will be uninterrupted or free of defects. We may schedule maintenance and will endeavour to do so in such a way that minimises disruption to Business operations.

Your access to any of the Platform may be suspended or restricted occasionally to allow for maintenance, repairs, upgrades, or the introduction of new functions or services. Availability of our Platform may also be interrupted in the case of events or occurrences beyond our reasonable control.

We agree to provide a Platform that is in conformity with these Terms, namely that the Platform must be as described and of a professional standard and quality. As such:

if the Platform is faulty, we will endeavour to repair it or provide a replacement in a timely manner;
if a fault which materially adversely impacts use of the Platform cannot be fixed, or if it hasn't been fixed within a reasonable time (e.g. one month), we may provide refunds for sums paid by a Business on a pro rata basis for amounts which the Business has paid up front in exchange for services which have ultimately not been received for the relevant time period.

Please note that any pro-rated refunds in accordance with paragraph (b) above may be calculated in respect of faulty aspects of the Platform only and a Business' overall ability to use our Platform. Therefore, pro-ration will be calculated based on the scope of the unavailability as well as the times of unavailability. If you have any questions or complaints about the Platform please contact us at talktous@pockettrainer.app.

WEBSITES WE LINK TO

The Platform may link to other third party websites from which third party services can be obtained, including those of our commercial partners. Whilst we reasonably believe that these are reputable sources of such services, you acknowledge that these other websites are independent from us and we make no representations or warranties as to the legitimacy, accuracy or quality of such third party services, and we do not accept any responsibility for their content, safety, practices or privacy policies. You access any third party website or services at your own risk.

COMPUTER VIRUSES

We do everything we can to ensure that no part of the Platform will contain or spread any viruses or other malicious code but this section explains how you can best protect your devices.

We recommend that you ensure that equipment used to access the Platform run up-to-date anti-virus software as a precaution, and you are advised to virus-check any materials downloaded from the Platform (if applicable) and regularly check for the presence of viruses and other malicious code.

To the full extent permitted by law we exclude liability for damage or loss of any kind caused by viruses or other harmful components originating or contracted from the Platform.

NO RELIANCE ON INFORMATION

All information published on or via the Platform is provided in good faith and for general information purposes only. We make no warranties about the completeness, reliability, or accuracy of such information. Any action you take based on such information is taken at your own risk. Nothing which we provide shall be constituted as legal, financial, tax, or other operational or regulated advice and you shall not be entitled to treat it as such.

OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED

We do not exclude or limit our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation. Please note however that actions of Users outside of our reasonable control will not be attributable to our negligence, such as the actions of any Staff Member whilst at work, or the action of any Business towards any Staff Member(s). In all cases where it is legally compliant to do so, we disclaim all implied warranties of merchantability or fitness for purpose, and will only be liable up to a maximum of amounts received by us from you in the preceding 12 month period in all circumstances.

We provide the Platform for the purposes outlined in these Terms. You agree not to use any of them for any purpose not expressed or implied by these Terms, and we will have no liability to you for any indirect loss, including without limitation loss of profit, loss of business, business interruption, or loss of business opportunity, goodwill, or any indirect or consequential loss arising out of or in connection with these Terms.

Except as set out in the paragraph above, you accept and agree we will not be liable for any harmful effect that accessing the Platform may have on you, and you agree that you access the Platform at your own personal and commercial risk (as applicable).

COMMUNICATIONS BETWEEN US

If you wish to contact us for any reason, you can do so via talktous@pockettrainer.app.

Other than to provide the services within our Platform, we will only contact you if we make relevant updates or changes to our services, or where you have given us explicit consent to receive marketing communications through the opt-in mechanism within the Platform, or otherwise in accordance with our Privacy Policy. You may withdraw your marketing consent and unsubscribe at any time via the unsubscribe link in any marketing email or by contacting us at talktous@pockettrainer.app. Withdrawing consent does not affect the lawfulness of any marketing sent prior to withdrawal.

The Platform may use pop-up notifications. Please note though that it is not possible to disable service information or error alerts.

OTHER IMPORTANT LEGAL TERMS

We may transfer our rights and obligations under these Terms to another organisation, but this will not affect your rights or our obligations under these Terms. You may not assign or transfer any rights you may have under these Terms without our prior written approval, given at our absolute discretion.

None of the rights or obligations under these Terms are enforceable by a person who is not a party to these Terms.

Under these Terms, you are granted a licence only in respect of our Platform. Any payments made are in consideration for a licence to access our Platform. We retain ownership in the Platform in all respects at all times.

If we do not enforce our rights against you, or if we delay in doing so, that does not mean that we have waived our rights against you, and it does not mean that you are relieved of your obligations under these Terms. If we do waive a breach by you, we will only do so in writing, and that will not mean that we will automatically waive any later breach by you.

No agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by these Terms between Pocket Trainer and any Business or Staff Member.

Any provision of these Terms found by a tribunal or court of competent jurisdiction to be invalid, illegal or unenforceable will be severed from these Terms and all other provisions will remain in full force and effect.

Each of the terms and conditions of these Terms operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining terms and conditions will remain in full force and effect. Subject to any applicable law and consumer rights, these Terms are the full agreement between us and our Users.

Other than obligations to pay, neither party will be liable for delays or errors caused by any event or circumstances beyond that party's reasonable control, including acts of god, government rules or regulations, flood, fire, earthquakes, civil unrest, acts of terror, strikes or other labour problems (other than those involving that party's employees), internet service failures or delays, or the unavailability or modification by third parties of telecommunications or hosting infrastructure or third party websites.

These Terms are governed by and interpreted in accordance with the law of the Dubai International Financial Centre ("DIFC"). Each party irrevocably agrees that the courts of the DIFC shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with the Agreement or its subject matter or formation (including non-contractual disputes or claims).

Pocket Trainer is a trademark of Pocket Trainer F&B Services LLC. All Pocket Trainer trademarks, service marks, trade names, logos, domain names, and any other features of the Pocket Trainer brand (Pocket Trainer Brand Features) are the sole property of Pocket Trainer or its licensors. These Terms do not grant you any rights to use any Pocket Trainer Brand Features whether for commercial or non-commercial use.

PART 2 – ADDITIONAL TERMS AND CONDITIONS FOR BUSINESSES

STATEMENT OF WORK

Businesses are required to enter into a statement of work (Statement of Work) with Pocket Trainer setting out the agreed scope and commercial terms of their access to the Platform prior to starting using it (including without limitation, fee terms, payment information, access rights, and Staff Member user accounts subscribed for). These Terms are incorporated by reference into each agreed Statement of Work, and the Statement of Work shall take precedence over these Terms in case of conflict.

POCKET TRAINER PLATFORM

Pocket Trainer agrees to make our Platform available to each Business with which we have entered into a Statement of Work and provide related services. The Platform is provided on a licenced basis, and Pocket Trainer grants each Business a non-exclusive, non-transferable, and limited license to install, operate and use the Platform during the term of our agreement. Each Business' use of the Platform is subject to any limitations set out in these Terms (including in any Statement of Work) or as otherwise agreed.

YOUR STAFF MEMBERS

Each Business is responsible for identifying and authenticating (a) all of its agreed numbers of Staff Members which it wishes to have access to and use of the Platform and ensuring their compliance with these Terms, and (b) those Staff Members which it wishes to appoint as Admin Users to administer the Business' use of the Platform.

As a Business, you will be granted access to the agreed number of User accounts in accordance with our Statement of Work. Should you require additional support in getting processes set up with your Staff Members on our Platform, we may provide such support for an additional agreed fee. However, it is each Business' responsibility to ensure their Staff Members sign up and use their Pocket Trainer accounts and use them in accordance with these Terms, including (without limitation) Part 3 of these Terms. We will not provide pro-rated refunds where Staff Members do not use their accounts with us as you require them to.

Each Business will promptly notify Pocket Trainer of any actual or suspected unauthorised use of Platform. Pocket Trainer reserves the right to suspend, deactivate, or replace any Staff Member account if it determines that the relevant account may have been used for an unauthorised purpose.

COMMERCIAL BUSINESS CONTENT

Pocket Trainer understands that the content to be uploaded by a Business, including food and cocktail recipes, preparation method and brand standards (Commercial Business Content) is sensitive commercial information. Pocket Trainer agrees that:

such Commercial Business Content is owned by the Business and is uploaded to the Platform for the sole purpose of using Pocket Trainer's Platform;
all such Commercial Business Content is considered as sensitive confidential information;
it will protect Commercial Business Content with the same degree of care as it employs for the protection of its own trade secrets and confidential information (and in no event shall such care be less than that which is commercially reasonable);
it will not use, copy or record any Commercial Business Content for any reason other than to fulfil its obligations under these Terms;
it will limit access to the Commercial Business Content to its employees, agents, or independent contractors on a "need to know" basis (and advise such of the obligations assumed herein); and
not disclose the Commercial Business Content to any third party without the relevant Business' prior written consent.
it shall not acquire any right, title, or any other proprietary intellectual property right in respect to the Commercial Business Content and that it is licenced for use on the Platform for the sole purpose as set out in these Terms.
Other than as required by applicable law, it shall have no right to keep or use the Commercial Business Content (other than in an anonymised format for statistical and analysis purposes) within a reasonable period following termination of the Business' relationship with Pocket Trainer.

Pocket Trainer will handle and process Commercial Business Content sensitively, and whilst it can provide no contractual guarantees with regard to malicious threats and hacking (similarly to all online business), Pocket Trainer will take appropriate safeguards against risks of data breach and hacking to minimise risks.

Each Business represents and warrants at all times that it:

is the owner or authorised licensee of all your Commercial Business Content;
has all necessary rights (including, but not limited to, all intellectual property rights) and consents required to publish the Commercial Business Content and to grant us the rights in it as set out in these Terms;
will not post or transmit to us Commercial Business Content that violates applicable law, regulations, these Terms or any other relevant Pocket Trainer policy;
has all required permissions and consents from any third party (whether a natural or a legal person) whose personal information is included in any such content (such as Staff Members); and
has consent in writing of the owner(s) and/or authorised directors and/or authorised signatories of an applicable Business before entering into any agreements on the Business' behalf with Pocket Trainer.

Each Business agrees to (i) defend, indemnify and hold harmless Pocket Trainer, its team, affiliates, agents and assigns in respect of any claim made against it (including reasonable legal fees) arising out of breach of such warranties, or breach of labour laws in respect of any Staff Members, and (ii) cooperate fully with Pocket Trainer in defence of any such claims, and not settle any such claims without Pocket Trainer's prior written consent.

INTELLECTUAL PROPERTY

Nothing in these Terms assigns or grants to any Business or any third party any right, title or interest including any intellectual property rights in or to any aspect of the Platform or Pocket Trainer's business services.

Nothing in these Terms assigns or grants to Pocket Trainer or any third party any right, title or interest including any intellectual property rights in or to Commercial Business Content. Businesses grant Pocket Trainer a non-exclusive, worldwide, royalty-free, irrevocable, fully paid-up right to access, use, process, store, collect, disclose, and transmit Commercial Business Content during the Term to: (i) provide the Platform as agreed; and (ii) produce data, information or other materials that are not identified as relating to a particular individual or the Business (Non-Identifiable Data). Pocket Trainer may use Non-Identifiable Data at its discretion.

Businesses agree that Pocket Trainer may facilitate Staff Member accounts on the Platform, and grant Pocket Trainer a non-exclusive, worldwide, royalty-free, irrevocable, fully paid-up right to access, use, process, store, collect, disclose, and transmit data on Staff Members (including any employment information about them uploaded, such as their roles) to maintain Staff Members' individual accounts on the Platform.

All rights not expressly granted by Pocket Trainer under these Terms are reserved.

STAFF MEMBER UPLOADS AND INTERACTIONS

Staff Members may, during the course of their use of the Platform upload content to the Platform (User Content), such as when sending internal messages (if such features are available). Pocket Trainer is granted a non-exclusive, worldwide, royalty-free, irrevocable, fully paid-up right to access, use, process, store, collect, disclose, and transmit the User Content. User Content is distinct from Commercial Business Content and is detailed further in Part 3.

PAYMENTS

Agreed payment terms are set out in each applicable Statement of Work, and each Business agrees to pay the applicable fees as described therein. All fees are due and payable in advance, either on a monthly, quarterly, semi-annual or annual basis unless otherwise expressly stated in the Statement of Work. Any suspension of services will be without prejudice to sums owed by the Business to Pocket Trainer in accordance with these Terms and the Statement of Work.

Fees for outsourced training management and custom content creation are billed separately from LMS subscriptions. Payment terms for these services will be outlined in the applicable Statement of Work.

PROMOTIONS

We may from time to time provide certain promotions to Businesses, for example as one-off promotions or as part of a loyalty programme. You agree that you will use promotions only in accordance with these Terms, or any additional terms we put in place for the relevant promotions.

Pocket Trainer reserves the right to withhold or deduct promotional rewards or other features or benefits obtained through the use of a promotion by a Business if we believe that the use or redemption of a promotion was in error, fraudulent, illegal, or in violation of the terms of the promotional code or of these Terms.

FOLLOWING TERMINATION

Following termination of our contract, all Staff Member accounts and associated personal data will be deleted within 30 days of the contract end date, in accordance with our Privacy Policy. Once an account is deleted, any information on it or any benefits which had accrued to it, along with associated data, will not be recoverable. If you wish to work with us again in future, new accounts may be set up on that basis.

PART 3 – ADDITIONAL TERMS AND CONDITIONS FOR STAFF MEMBERS

It is each Business' responsibility to ensure that each Staff Member has read and accepted the Terms set out in this Part 3. Each Business accepts liability for any breach of these Terms by its Staff Members.

PROTECTING THE BUSINESS' COMMERCIAL BUSINESS CONTENT

You agree and understand that the Business which you are working for will upload highly sensitive, commercial information to the Platform, referred to in these Terms as Commercial Business Content. You (in addition to any obligations you have in your contract with the Business) agree that you will keep all such Commercial Business Content highly confidential and not disclose it to any third parties except as required by law to do so.

As a Staff Member, you agree that:

you will not use, copy, share or record any Commercial Business Content for any reason other than to fulfil your duties as a Staff Member to the relevant Business;
you will not disclose the Commercial Business Content to any third party without the relevant Business' prior written consent.
you will not acquire any right, title, or any other proprietary intellectual property right in respect to the Commercial Business Content.
other than as required by applicable law, you will have no right to keep or use the Commercial Business Content outside of your role as a Staff Member.

Whilst Pocket Trainer's action for failing to follow these Terms may be to suspend you from the Platform, we grant each Business the right to use this section of these Terms for enforcement purposes where required.

YOUR STAFF MEMBER ACCOUNT

The Business which you work for will upload your basic information as a Staff Member on to the Platform, such as your name, date of birth, start date, position, department and email address, and as a Staff Member you consent to this information being uploaded (Staff Member Information). If a Staff Member wishes to change any Staff Member Information (other than an email address), then they must request the change be made by an Admin User with the required accesses or another Business representative. Once your Staff Member Information has been uploaded, you will be provided with login credentials, including a temporary password. Upon logging in, you will be required to agree to these Terms and be legally bound by them. You should update your temporary password, following the instructions on the Platform or sent to you by email to do so.

You can follow the instructions on the Platform once logged in to use it. Your access to the Platform is subject to the Business which you work for granting you permission to access it, and you complying with all aspects of these Terms. Once you have registered, the Platform is structured so that you are able to access it using your secure login details via any compatible device of your choosing, whether on desktop, mobile or tablet.

All Staff Members must provide truthful and accurate information when registering with us – this helps us provide the best service. Any incorrect or untruthful information provided may impact our ability to provide our Platform as agreed.

Staff Members are responsible for looking after the security of their account information. This means that you are responsible for all activities that happen on your Account and for any access to or use of the Platform by you or any person using your Account even if that access or use has not been authorised by you. Please immediately notify us of any unauthorised use of your Account or any other breach of security relating to the Platform. We are not responsible for any loss or damage caused by the disclosure of your account details to someone else, whether to you or the Business. You understand that by failing to do so or by sharing your login details, you could be placing the Business' confidential information at risk.

You are responsible for ensuring that the information we hold about you is up to date. Please amend your details as appropriate from time to time to notify us of any changes.

If you wish to terminate your Account with us, you will need to ask an Admin User to delete your Account on your behalf, although please remember that you will automatically lose all data accrued to it, and you should consult the Business that you work for first before doing so. Once your Account has been deleted, the Business may create a new Account for you, but any benefits which existed or had accrued in your previous Account may not be recoverable.

REPORTING

All Staff Members acknowledge and agree that they are responsible for all of their own behaviour, actions and interactions on the Platform, generally and in respect of other Staff Members. Pocket Trainer does not directly control or fully moderate user content uploaded to the Platform in real time at the time of upload, and Staff Members should use the reporting mechanism below to ensure that any harmful content is identified and addressed as efficiently as possible. Staff Members acknowledge that Pocket Trainer is at all times entitled and permitted to monitor and view all interactions within the Platform generally and in particular between Staff Members.

Reporting mechanism: If you see any User content which appears on our Platform which you find offensive, abusive or in any way inappropriate then you should notify your Admin User as soon as possible who may then contact Pocket Trainer, or you can contact Pocket Trainer directly. You can report any offensive, abusive or inappropriate User content or communication between Staff Members to us via talktous@pockettrainer.app and request that any such content is removed or that the communication is investigated. One of our team will then review your report and take any action we deem appropriate in respect of access to our Platform. However please note that Businesses are responsible for their own internal disciplinary matters.

You agree that where you are either the reporter of a complaint or the subject of it, that Pocket Trainer will be entitled to take such action as it deems necessary or appropriate, including without limitation to remove or suspend applicable Users, to require certain User Content to be taken down or edited (or to take such action without the User's prior consent), or to recommend that the dispute is handled by the applicable Business or other third party. Pocket Trainer will use its reasonable efforts to respond to and address complaints. However, Pocket Trainer will not be entitled or able to resolve commercial disputes between Staff Members or between Staff Members and Businesses, or between Users generally. Pocket Trainer may be able to provide evidence at any applicable hearing or tribunal provided that it is reimbursed for its time, expenses and administrative costs of doing so.

INTELLECTUAL PROPERTY RIGHTS AND USER CONTENT

This section sets out how we will treat any content that you provide to us (the User Content) and what your obligations are in relation to that User Content as a Staff Member. User Content includes but is not limited to information which you provide under your Account, but does not include the Business' sensitive commercial information (i.e. Commercial Business Content).

You agree that:

in respect of the User Content that you create, upload, send or post to that:
- you retain the ownership rights in the User Content;
- you grant us a perpetual, royalty free, non-exclusive licence (including the right to grant sub-licences) to use, copy, distribute, reproduce and publish any and all User Content (including, without limitation, on our Website, on other websites, on physical products and in promotional and/or marketing material developed in each case whether developed by us or on our behalf);
- we may disclose your identity to any third party who claims that the User Content posted or uploaded by you defames them, constitutes a breach of their intellectual property rights or breaches their right to privacy; and
- you make your User Content available to us in the manner envisaged by these Terms without payment or other compensation to you, regardless of how we use the User Content.
subject to the previous bullet point, the Platform and all material published on, in, or via all aspects of it is owned and controlled by, or licensed to us.

Any custom training content created by Pocket Trainer for a client will be fully owned by the client upon full payment. However, Pocket Trainer retains the right to use general knowledge, instructional frameworks, and non-client-specific elements derived from custom content for its pre-built courses, provided such use does not replicate the customer's branding, proprietary processes, or confidential information.

You represent and warrant on an ongoing basis that you:

are the owner or authorised licensee of all User Content;
have all necessary rights (including, but not limited to, all intellectual property rights) and consents required to publish the User Content and to grant us the rights in the User Content as set out in these Terms;
will not send us or post User Content that violates applicable law, regulations, these Terms or any other relevant Pocket Trainer policy; and
have all required permissions and consents from any third party whose personal information is included in any User Content.

CONTACTING US

You may contact us at talktous@pockettrainer.app or otherwise to any contact details listed on our Platform and we look forward to hearing from you.