Terms of service

Pocket Cafe Terms & Conditions

Last Updated: February 23, 2026

These Pocket Cafe Terms & Conditions (these “Terms”) are agreed to between you as an individual or, if you are accessing or using the Site (as hereinafter defined) on behalf of another individual, organization, or entity (each, an “Entity”), that Entity (in either case, “You” or “Your”) and Pocket Cafe, Inc. dba POCA, with an address of 236 West Portal #243, San Francisco, CA 94127 (“Pocket Cafe”). These Terms govern Your use of Pocket Cafe’s website located at www.pickpoca.com and any other websites that Pocket Cafe owns and operates that link to these Terms (collectively, the “Site”) including all information and content available through the Site (collectively “Content”) and any purchases made on or through the Site. 

By accessing or using the Site or any Content, making any purchases through the Site, or clicking a button (e.g., “I agree”) indicating You agree to these Terms, You agree to enter into and be bound by these Terms. If You are entering into these Terms on behalf of an Entity, You represent and warrant that You have authority to bind that Entity to these Terms. If You do not have such authority, or You do not agree to be bound by these Terms, do not access or use any part of the Site or any Content.

SECTION 21 (DISPUTES) OF THESE TERMS CONTAINS PROVISIONS THAT GOVERN HOW DISPUTES BETWEEN YOU AND POCKET CAFE ARE RESOLVED. IN PARTICULAR, THE ARBITRATION AGREEMENT IN SECTION 21 (DISPUTES) WILL, WITH LIMITED EXCEPTIONS, REQUIRE DISPUTES BETWEEN YOU AND POCKET CAFE TO BE SUBMITTED TO BINDING AND FINAL ARBITRATION. PLEASE SEE SECTION 21 (DISPUTES) FOR MORE INFORMATION REGARDING THIS ARBITRATION AGREEMENT. 

EACH OF YOUR SUBSCRIPTIONS (DEFINED BELOW) WILL AUTOMATICALLY RENEW AND CONTINUE ON A RECURRING, CONTINUOUS BASIS AT THE THEN-CURRENT PRICE FOR SUCH SUBSCRIPTION UNLESS AND UNTIL YOU CANCEL YOUR SUBSCRIPTION IN ACCORDANCE WITH SECTION 9.3 (CANCELLATION) BELOW. 

1. Definitions. Terms used in these Terms have the definitions given in these Terms or, if not defined in these Terms, have their plain English meaning as commonly interpreted in the United States.

2. Term. These Terms are entered into as of the earlier of the date You first access or use the Site or any Content or tick a box or click a button (e.g., “I agree”) indicating Your acceptance of these Terms, and will continue until terminated as set forth herein.

3. Modifications. Pocket Cafe reserves the right, at any time, to modify the terms of these Terms. When changes are made to these Terms, Pocket Cafe will make a new copy of the Terms available on the Site. Pocket Cafe will also update the “Last Updated” date at the top of the Terms. Any modifications will be effective upon posting to the Site. If You do not agree to any such modification, You may not use the Site or any Content. Your continued use of the Site or any Content constitutes Your acceptance of such modifications and thus, the updated version of these Terms. Pocket Cafe also reserves the right in its sole discretion to modify, suspend, or discontinue, temporarily or permanently, the Site or Content (or any features or parts of either of the foregoing) or the rates, delivery, or provision of the Products at any time, with or without notice to You.

4. Eligibility. The Site is intended for use by individuals 18 years of age and older. By accessing or using the Site or any Content, You represent and warrant that You are at least 18 years of age.

5. Your Account and Content.

1. Account Creation and Responsibility. Before accessing certain portions of the Site, You are required to establish an account on the Site (an “Account”). Approval of any request to establish an Account will be at the sole discretion of Pocket Cafe. Each Account and the user identification and password for each Account (the “Account ID”) is personal in nature. Your Account and Account ID are each for Your individual use only. You will not distribute or transfer Your Account or Account ID or provide a third party with the right to access Your Account or Account ID. You are solely responsible for all use of the Site through Your Account. You will ensure the security and confidentiality of Your Account ID and will notify Pocket Cafe immediately if Your Account ID is lost, stolen, or otherwise compromised. Any transactions completed through Your Account or under Your Account ID will be deemed to have been lawfully completed by You. In connection with establishing an Account, You will be asked to submit certain information about Yourself (“Registration Information”). You agree that: (a) all Registration Information You provide will be true and complete; and (b) You will maintain and promptly update Your Registration Information to keep it accurate and current. You may not: (i) select or use an Account ID of another person with the intent to impersonate that person; or (ii) use an Account ID that Pocket Cafe, in its sole discretion, deems offensive.

2. No Re-Registration Without Pocket Cafe’s Consent. If Pocket Cafe terminates or cancels Your Account for cause (e.g., for fraud, abuse, breach of these Terms, or misuse of the Products, as defined below), You shall not, unless Pocket Cafe provides its express prior written consent therefor, (a) create, register, or attempt to create or register any new Account, profile, subscription, or other access to the Products or purchase of Products via the Site, whether under the same or a different name, email address, device, IP address, or payment method, or (b) otherwise attempt to access or use the Site or otherwise purchase Products through the Site. You acknowledge that Pocket Cafe may take technical measures to enforce this restriction (including blocking email addresses, payment instruments, device identifiers, and IP addresses) and may refuse any attempted re-registration. Any attempted re-registration in violation of this Section shall be a material breach, and Pocket Cafe may, in addition to any other rights or remedies, immediately (i) cancel any Orders (defined below), (ii) suspend or terminate Your access to the Site or supply of Products, (iii) suspend or terminate Your Account and prevent You from establishing a new Account, (iv) seek injunctive relief, (v) reclaim or set off any funds, and (vi) pursue all other rights or remedies available at law or in equity.

3. Customer Reviews. The Site may have functionality to allow You to rate or provide reviews of or comments about certain Products, through a standard five-star review and comment field customer review mechanism that includes the reviewer’s first name, last name initial, and verified buyer tag, as applicable (collectively, “Customer Reviews”). You should receive a request for a Customer Review within 30 days after You purchase a Product hereunder. To be useful to other users, Your Customer Reviews must be made in good faith after reasonable evaluation of the Product. You may post only one review per individual Product, unless the later review reflects a good-faith rating change based on Your further evaluation. In addition, Customer Reviews must comply with the terms of these Terms (including Section 5.4 (Your Content)) and may not contain content that constitutes a violation of these Terms or that impersonates any other person or entity, including any of Pocket Cafe’s employees or agents. You acknowledge and agree that Pocket Cafe has no obligation to remove any Customer Reviews or other information posted on the Site about You or any other person or entity. You may not terminate Your Account and re-register in order to prevent a Customer Review from being associated with You or any of Your Content. You may request that one or more of Your Customer Reviews be removed from the Site by contacting Pocket Cafe’s support team via email at support@pickpoca.com and they will use commercially reasonable efforts to remove such requested Customer Reviews of Yours within 60 days after such request. 

4. Your Content. Except as expressly provided by these Terms, You are solely responsible for the nature of all Content, including Your Customer Reviews, Your Registration Information, Your Account information, and any other Account passwords, usernames, or other personal information, that You provide, upload, or transfer to the Site or generate through Your Account (“Your Content”). By providing Your Content, You hereby grant Pocket Cafe a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, copy, store, reproduce, modify, display, adapt, publish, translate, create derivative works from, distribute, and display Your Content throughout the world in any form, media, software, or technology of any kind. You represent and warrant that Your Content: (a) does not violate these Terms or any applicable laws; (b) is not libelous, defamatory, obscene, abusive, pornographic, threatening, or an invasion of privacy; (c) does not constitute an infringement, misappropriation, or other violation of the IPR (as defined below) or other rights of any third party; (d) is not an advertisement or solicitation of funds, goods, or services; (e) is not false, misleading, or inaccurate; or (f) could not be considered junk mail, spam, a part of a pyramid scheme, a disruptive commercial message, or a disruptive advertisement. Pocket Cafe is not responsible or liable for any deletion, correction, destruction, damage, loss, or failure to store or back-up any of Your Content. You represent and warrant that You have all right, title, interest, and consent in Your Content necessary to allow Pocket Cafe to use Your Content for the purposes for which You provide Your Content to Pocket Cafe.

5. Feedback. If You provide Pocket Cafe any feedback or suggestions regarding the Site (or any portion thereof) or any Content or Products (“Feedback”), You hereby assign to Pocket Cafe all right, title, and interest in and to the Feedback and agree that Pocket Cafe shall have the right to use such Feedback and related information in any manner it deems appropriate without a duty of accounting to You. Pocket Cafe will treat any Feedback You provide to Pocket Cafe as non-confidential and non-proprietary. You agree that You will not submit to Pocket Cafe any information or ideas that You consider to be confidential or proprietary. 

6. Access.

1. To Additional Areas or Content. Subject to Your compliance with these Terms, Pocket Cafe will permit You to access and use the Site and Content solely for lawful purposes and only in accordance with the terms of these Terms. Access to certain areas of the Site or certain items of Content or Products may also require You to agree to additional agreements (each an “Annex”). These Terms and any Annex together comprise Your entire agreement with Pocket Cafe. In the event of a conflict between the terms of these Terms and an Annex, the terms of the Annex will govern Your use of the portions of the Site or items of Content or Products to which the Annex applies, and these Terms will govern in all other respects.

2. To Reminders. The Site may allow You to set reminders for purchases (e.g., based on consumption trends, You may be running low on Your current Product and ready to purchase more) (each a “Reminder”) through text messages, emails, or third-party calendar integrations. By opting in to receive Reminders, You may also receive text messages and emails from Pocket Cafe regarding the Site or Products.

3. To Other Users. The Site may allow You to communicate with other users through the Site. By communicating with other users, you are agreeing to allow those users to communicate directly with You through the Site. You agree that You are solely responsible for all communications between You and any other user through the Site. Your communication with another user will serve as Your affirmative “opt in” to the disclosure of any of Your Content or other data or information (which may include Your personal information) that You provide to that other user. 

4. To Content. As between Pocket Cafe and You, all Content, including all text, audio, video, photographs, illustrations, graphics, and other content or media, provided through the Site (“Site Content”) is owned by Pocket Cafe. All Site Content is for Your informational purposes only and You are solely responsible for verifying the accuracy, completeness, and applicability of all Site Content prior to making use of that Site Content. Subject to Your compliance with these Terms, You may use the Site Content provided to You through the Site solely for Your personal, non-commercial purposes in connection with Your permitted use of the Site in accordance with these Terms. You agree that You will not, and will not permit any third party to: (a) alter, modify, reproduce, or create derivative works of any Site Content; (b) distribute, sell, resell, lend, loan, lease, license, sublicense, or transfer any Site Content; or (c) alter, obscure, or remove any copyright, trademark, or any other notices that are provided on or in connection with any Site Content. Pocket Cafe has not verified the accuracy of, and will not be responsible for any errors or omissions in, any Site Content. Without limiting the foregoing, Pocket Cafe will not be held liable to You or any third party for any Content (including Your Content) under the Communications Decency Act (47 U.S.C. § 230). Except as set forth in these Terms, You are granted no licenses or rights in or to any Site Content, or any IPR therein or related thereto.

5. To Third-Party Products and Linked Sites. 

1. Third-Party Products. Pocket Cafe may provide You with the ability to access products or services developed, provided, or maintained by third-party providers through the Site (“Third-Party Products”). Third-Party Products may integrate with, pull Content from, or add Content to the Site, including Your Content. In addition to the terms of these Terms, Your access to and use of any Third-Party Products is also subject to any other agreement You may agree to before being given access to the Third-Party Products (each, a “Third-Party Product Agreement”). The terms of any Third-Party Product Agreement will apply to the applicable Third-Party Products provided under that Third-Party Product Agreement in addition to the terms of these Terms but will not apply to any other services or Content You may access through the Site.

2. Linked Sites. Without limiting the generality of the foregoing, the Site, Content, or Products may contain links to third-party sites or content that are not under the control of Pocket Cafe. If You access a third-party site or content from the Site, Content, or Products, then You do so at Your own risk and Pocket Cafe is not responsible for any product, services, or content on any linked site. You may establish a link to the Site, provided that the link does not state or imply any sponsorship or endorsement of You or Your site, app, platform, account, or profile (e.g., Your website or social media account) by Pocket Cafe or any group or individual affiliated with Pocket Cafe. You may not use on such site, app, platform, account, or profile any Content or marks appearing on the Site or Products in establishing the link. You may not frame or otherwise incorporate into another site, app, or platform the content or other materials on the Site (including any Content) or any Products without Pocket Cafe's prior written consent.

7. Messaging Terms. 

1. General. Pocket Cafe may offer communications by calls, text messages, or similar technology (including via automatic telephone dialing equipment), such as product alerts, reminders about items You have left in Your cart, order updates, marketing messages, or other content or information (the “Messaging Service”). These communications may be sent or initiated by Pocket Cafe or any of its service providers. By providing Your phone number, signing up for the Messaging Service, texting one of Pocket Cafe’s sign-up codes, or otherwise using the Messaging Service, You: (a) expressly agree to be bound by the terms and conditions set forth in this Section; (b) consent to receive Pocket Cafe’s text message disclosures electronically and consent to the use of an electronic record to document Your opt-in to the Messaging Service; and (c) authorize Pocket Cafe to send or allow its service providers to send the communications described in this Section to the phone number You provide, including promotional and other communications sent or placed using automatic telephone dialing equipment. You acknowledge and agree that Your authorization to send such messages is not required as a condition of purchase. Message and data rates may apply for the Messaging Service. Message frequency may vary according to how You interact with Pocket Cafe, the Site, or the Messaging Service. For more information, please review the details of the specific Messaging Service when signing up. To stop receiving text messages from Pocket Cafe, reply “STOP” to any message You receive from Pocket Cafe. You agree Pocket Cafe may send You a message to confirm Your receipt of Your STOP request. You can also opt-out of Pocket Cafe text messages by emailing Pocket Cafe Your request and mobile telephone number to support@pickpoca.com 

2. Short Code Messaging Service. If You opt in to Pocket Cafe’s short code Messaging Service, Pocket Cafe will send You an SMS message to confirm Your signup. You can cancel this service at any time. In addition to the opt-out methods described above, You can text "STOP" at any time to +1 (833) 733-0094. After You send the message "STOP" to Pocket Cafe, Pocket Cafe will send You a reply message to confirm that You have been unsubscribed. You may revoke Your consent to receive communications through the Messaging Service at any time by following the opt-out instructions described herein.

8. Payment. 

1. Purchases; Orders; and Terms of Sale. You may purchase or subscribe to Pocket Cafe’s products available for sale on the Site (collectively, “Products”) by issuing an order to Pocket Cafe, whether in the form of an online order submitted through the Site (e.g.,  through the Shopify tool on the Site) or an order submitted by another form permitted by Pocket Cafe (each, an “Order”). All Orders are subject to acceptance by Pocket Cafe, in its sole discretion. In addition to these Terms, Your purchase of any Products (whether as a Subscription or not) is governed by the terms displayed on the Site in connection with each Product and any additional terms provided to You in connection with Your Order or any acceptance of Your Order provided by Pocket Cafe (the “Terms of Sale”). By placing an Order, You agree to be bound by the Terms of Sale with respect to that Order and all Products included in that Order. If these Terms conflict with the Terms of Sale for any Order, the Terms of Sale will govern and control with respect to the Products provided to You under that Order. If any Products are listed at an incorrect price or with incorrect information, Pocket Cafe shall have the right to refuse or cancel any Order placed for those Products, whether or not the Order has been confirmed or Your Payment Method (defined below) has been charged. If Your Payment Method has already been charged for an Order and Your Order is canceled, Pocket Cafe will promptly issue You a credit in the amount of the charge. 

1. Pocket Cafe’s Role. Pocket Cafe may offer and sell Products through the Site. You may purchase such Products (e.g., as a Subscription or a one-time purchase) from Pocket Cafe through the Site (each such purchase, a “Transaction”). Pocket Cafe utilizes the services of Payment Processors (as defined below) to process payments in connection with Transactions, as further described in Section 8.3 (Payment Processors). Pocket Cafe will inform You of a completed Transaction using its standard procedures.

2. Pricing and Purchases. You agree to provide Pocket Cafe or the applicable Payment Processor with a valid credit card, debit card, online payment account, mobile services account, or other payment method as an applicable payment mechanism under these Terms (each, Your “Payment Method”), and further agree that Pocket Cafe or its Payment Processors may charge You, and that You will pay for, all Products You purchase through the Site. Your total price for each such Product will include the fee for the Product plus shipping and handling fees and any applicable sales tax, VAT, or other applicable taxes or fees in effect at the time You purchase the Product (“Total Purchase Amount”). Pocket Cafe (through one or more Payment Processors) will collect the Total Purchase Amount at the time You confirm the purchase. Prices for Products may change at any time and Pocket Cafe does not provide price protection or refunds in the event of a price reduction or promotional offering.

3. ALL TRANSACTIONS ARE FINAL. All Transactions are final except as may be expressly set forth in these Terms, the applicable Terms of Sale, Pocket Cafe’s Refund Policy (available at https://poca.gorgias.help/en-US/articles/return-policy-360458) (the “Refund Policy”), or as required by applicable law. Pocket Cafe is not required to offer or issue any returns, refunds, or exchanges unless otherwise expressly provided in these Terms, the applicable Terms of Sale, or the Refund Policy.

4. Product Modifications. Products may change. Pocket Cafe may, without prior notice, add or remove Products or bundles thereof, modify the Products or bundles, or change the pricing for any Products or bundles at any time in its discretion. Pocket Cafe reserves the right, with or without prior notice, to do any one or more of the following: (i) limit the available quantity of or discontinue any Product, bundle, Subscription, or other service; (ii) impose conditions on the honoring of any coupon, coupon code, promotional code, or other similar Promotion (defined below); (iii) bar any user from making or completing any or all Transactions, and (iv) refuse to provide any user with any Product, bundle, Subscription, or other service. All descriptions, images, references, features, content, specifications, Products, bundles, Subscriptions, and prices of Products, bundles, Subscriptions, and other services described or depicted on the Site are subject to change at any time without notice. Certain Product, bundle, or Subscription descriptions are approximate and are provided for convenience purposes only. Pocket Cafe does not warrant that the quality of any Products, bundles, Subscriptions, services, information, or other material purchased or obtained by You through the Site will meet Your expectations, or that any errors in the Site will be corrected.

5. Not Nutritional or Professional Advice. Any information provided by or on behalf of Pocket Cafe regarding the Products, Subscriptions, or otherwise (e.g., Product descriptions, promotional videos, blog posts, or instructions) is for informational purposes only. You should not take any action based upon any information contained on the Site. Use of the Site is not meant to serve as a substitute for professional advice. You should read and strictly follow all product labels, packaging inserts, and instructions and all manufacturer directions and warnings and seek independent professional advice when appropriate. Additional product-specific disclaimers and limitations are set forth in Section 16.2 and are incorporated herein by reference.

2. Promotions. Pocket Cafe may offer users specials, promotional codes, credits, awards, or other discounts (“Promotions”). All Promotions will be offered at the sole discretion of Pocket Cafe, and can be modified or terminated at any time by Pocket Cafe with or without advance notice. Promotions may be offered on a limited time basis and may be subject to certain restrictions. As part of a Promotion, Pocket Cafe may offer credits to charges that are non-transferrable, non-refundable for cash, and may be subject to additional terms and conditions.

3. Payment Processors. Pocket Cafe currently uses and reserves the right to continue using third-party payment processors (each, a “Payment Processor”). Your making or receipt of any electronic payment through any Payment Processor is also governed by the applicable Payment Processor’s user agreement, terms of service, and privacy policy (in each case, to the extent applicable). Unless otherwise stated on the Site, Pocket Cafe currently uses Shopify Payments (USA) Inc. (“Shopify”) as its Payment Processor for payment processing services (e.g., card acceptance and related services). As a condition of Pocket Cafe enabling payment processing services through Shopify or other Payment Processors, You hereby agree to provide Pocket Cafe and each applicable Payment Processor accurate and complete information about You and Your business (if applicable), and You hereby consent to provide and authorize Pocket Cafe and each applicable Payment Processor to share any information and payment instructions You provide to the extent required to complete the payment transactions in accordance with these Terms, including personal, financial, Payment Method payment, and transaction information related to Your use of the payment processing services provided by a Payment Processor. If Your use of Shopify’s services is terminated by Shopify, You may not be able to access or use certain portions of the Site or services or purchase Products or Subscriptions. Pocket Cafe may change or add other Payment Processors at any time with or without notice to You, and Your use of payment services via such Payment Processors may be subject to additional terms or conditions.

9.  Subscriptions.

1.  Subscriptions. Pocket Cafe may offer a subscription service that automatically delivers one or more Products to You on a recurring subscription basis (i.e., monthly) (each, a “Subscription”), the terms of which will be set forth in the relevant offer. To purchase a Subscription, You must provide a valid Payment Method. You can sign up for a Subscription by visiting Pocket Cafe’s shop on the Site, finding a Product for which You would like to subscribe to a recurring delivery service, selecting the “Subscribe” option for the applicable Product (e.g., as opposed to the “One-time purchase” option), choosing how many Products that You want included in each delivery, and then adding the product to Your cart on the Site. The Products will be delivered on a recurring monthly basis (the “Delivery Schedule”). You will be billed in advance on a recurring and periodic basis for Your Subscription base rate and any applicable taxes and shipping and handling costs (“Billing Cycle”). Unless otherwise specified in the offer terms, each such Billing Cycle will be the same duration and period as Your Delivery Schedule; provided that You will not be charged until the applicable Products in Your Subscription are ready to ship; and provided further that You may modify Your Delivery Schedule (including by pausing or skipping a delivery under the applicable Subscription) by logging into Your Account on the Site and managing Your applicable Subscription accordingly. Billing Cycles are set on a synchronous basis with the Delivery Schedule, unless otherwise specified in the offer details. Upon renewal of any Subscription, if Pocket Cafe (through one or more Payment Processors) does not receive payment, (a) You agree to pay all fees and charges due on Your account upon demand, and (b) You agree that Pocket Cafe may either terminate or suspend Your Subscription and continue to attempt to charge Your Payment Method(s) until payment is received (upon receipt of payment, Your Subscription will be reactivated and Your next Subscription Term (defined below) will begin on the date of such payment). Notwithstanding anything to the contrary contained herein, Pocket Cafe may change its Subscription models, bundles, and pricing at any time, and therefore, Subscription models, bundles, and prices are subject to change at any time during Your Subscription Term. Pocket Cafe will provide You with notice of such changes to the extent they affect any then-current Subscription of Yours. 

2. Automatic Renewal/Continuous Service. Your Subscription will continue until You cancel the Subscription (each, a “Subscription Term”). To the extent permitted by applicable law, Your Subscription will be automatically renewed and will continue on a recurring, continuous basis under the same terms, and at Pocket Cafe’s then-current price for such Subscription, unless and until You cancel Your Subscription in accordance with, and subject to, the cancellation terms set forth in Section 9.3 (Cancellation) below. You agree that Your Account on the Site will be subject to this automatic renewal/continuous service feature unless You cancel Your Subscription. Your Payment Method will be charged at the time Your next Product will be shipped. You hereby authorize Pocket Cafe or its Payment Processors to store Your Payment Method and to automatically charge Your Payment Method at such time. To pause or cancel a Subscription, follow the cancellation instructions in Section 9.3 (Cancellation) below. 

By purchasing any Subscription, You acknowledge that Your Subscription:

• is subject to automatic renewal and continuous service; 

• will be automatically extended for successive periods and will continue until You cancel Your Subscription in accordance with Section 9.3 (Cancellation); 

• has an initial and recurring payment feature and You accept responsibility for all recurring charges prior to cancellation of Your Subscription; 

• is subject to automatic charges on Your Payment Method; and

• includes recurring Product shipments:

• that will automatically be processed and shipped on a recurring basis (i.e., in accordance with the Delivery Schedule), until You cancel Your Subscription; and

• for which Your Payment Method will automatically be charged for each successive shipment at the then-current price until You cancel Your Subscription or change Your Product selection, in each case in accordance with Section 9.3 (Cancellation). 

1. Cancellation. Subject to the terms of this Section 9, You may cancel Your Subscription at any time before Your next scheduled Product shipment by (a) going to account.pickpoca.com, logging into Your Account on the Site, and selecting “CANCEL SUBSCRIPTION” next to the applicable Subscription You wish to cancel, or (b) contacting Pocket Cafe via email at support@pickpoca.com. Your Subscription will not automatically continue or otherwise be renewed after Your cancellation. For the avoidance of doubt, if You have multiple Subscriptions (e.g., You are subscribed to multiple recurring Product shipments), You will need to cancel each Subscription individually using the above steps. Cancellations will apply prospectively and must be completed prior to the processing or shipment of the next scheduled Product delivery in order to avoid being charged for that delivery.

2. Other Subscription Changes. You can add Products (to a Subscription or as one-time product purchases), change Product flavors, pause or skip Product shipments, update Your Payment Method, and edit Your shipping information by going to account.pickpoca.com, and managing these items in Your Account area.

1. Referral Rights and Resale Restrictions. 

1. Affiliate Program. Pocket Cafe may in the future offer an affiliate program that would allow You to earn certain benefits by referring prospective customers to Pocket Cafe. In such case, there will be a separate agreement provided by Pocket Cafe governing Your participation in the affiliate program.

2. No Resale Permitted. You acknowledge and agree that the Products provided under these Terms are for Your personal use only and not for further resale. Only authorized Pocket Cafe resellers are permitted to resell Pocket Cafe Products. You shall not, without the express prior written consent of Pocket Cafe (in each case), either (a) sell, resell, distribute, or otherwise transfer any Products You have purchased, including on or through any online marketplace (such as Amazon, Walmart, or eBay), or (b) solicit sales of the Products, advertise, or otherwise market Products in any manner. Any unauthorized sale, resale, redistribution, or other transfer shall constitute a material breach of these Terms. In addition to any other rights or remedies available under these Terms or otherwise at law or in equity, Pocket Cafe may immediately (i) cancel any Orders, (ii) suspend or terminate Your access to the Site or supply of Products (including any Subscriptions), (iii) suspend or terminate Your Account and prevent You from establishing a new Account, (iv) seek injunctive relief (e.g., to prevent further unauthorized use, sale, distribution, or transfer), (v) reclaim or set off any funds, and (vi) recover from You all damages, costs, and expenses (including reasonable attorneys’ fees) arising from such breach or otherwise incurred in enforcing this provision.

2. Termination. These Terms may be terminated by either party at any time, in that party’s sole discretion, upon notice to the other party as permitted under these Terms. Upon termination of these Terms for any reason: (1) all rights and subscriptions granted to You under these Terms will terminate; (2) You will immediately cease all use of and access to the Site and all Content, including Your Content and any Content You obtained prior to termination; and (3) Pocket Cafe may, in its sole discretion, delete Your Account or Your Content at any time. Your Content may continue to exist on the Site after termination of these Terms. If You contact Pocket Cafe’s support team and request that it be deleted, the support team will use commercially reasonable efforts to delete it within 60 days after Your request. Sections 1 (Definitions), 5.4 (Your Content), 7 (Messaging Terms), 8 (Payment), 9 (Subscriptions), 10 (Referral Rights and Resale Restrictions), 11 (Termination), 13 (Site Technology), 14 (Ownership), 15 (Representations and Warranties), 16 (Disclaimers), 17 (Indemnity), 18 (Limitation on Liability), 19 (Data Privacy), 21 (Disputes), 22 (Notices), 23 (Advertising), and 24 (Additional Terms) will survive any expiration or termination of these Terms.

3. Suspension. Without limiting Pocket Cafe’s right to terminate these Terms, Pocket Cafe may also suspend Your access to Your Account and the Site (including Your Content), with or without notice to You, upon any actual, threatened, or suspected breach of these Terms or applicable law or upon any other conduct deemed by Pocket Cafe to be inappropriate or detrimental to Pocket Cafe, the Site, or any other Pocket Cafe product, customer, or user.

4. Site Technology. The Site, Site Content, and the databases, software, hardware, and other technology used by or on behalf of Pocket Cafe to operate the Site or Site Content, and the structure, organization, and underlying data, information, and software code thereof (collectively, the “Technology”), may constitute valuable trade secrets of Pocket Cafe. You will not, and will not permit any third party to: (1) access or attempt to access the Technology except as expressly provided in these Terms; (2) use the Technology in any unlawful manner or in any other manner that could damage, disable, overburden, or impair the Technology; (3) use automated scripts to collect information from or otherwise interact with the Technology; (4) alter, modify, reproduce, or create derivative works of the Technology; (5) distribute, sell, resell, lend, loan, lease, license, sublicense, or transfer any of Your rights to access or use the Technology or otherwise make the Technology available to any third party; (6) reverse engineer, disassemble, decompile, or otherwise attempt to derive the method of operation of the Technology; (7) attempt to circumvent or overcome any technological protection measures intended to restrict access to any portion of the Technology; (8) monitor the availability, performance, or functionality of the Technology; or (9) interfere with the operation or hosting of the Technology. Pocket Cafe uses reasonable means to protect the security of the Site, but You acknowledge that perfect security on the internet is impossible and that, as a result, Your Content may be exposed in the event of a breach.

5. Ownership. Pocket Cafe retains all rights, title, and interest, including all IPR, in and to the Technology and any additions, improvements, updates, and modifications thereto. You receive no ownership interest in or to the Technology and You are not granted any right or license to use the Technology itself, apart from Your ability to access the Site under these Terms. The Pocket Cafe name, logo, and all product and service names associated with the Site, Site Content, Products, bundles, or Subscriptions are trademarks of Pocket Cafe or its licensors or providers and You are granted no right or license to use them. For purposes of these Terms, “IPR” means all intellectual property rights, proprietary rights, rights of publicity, rights of privacy, and any and all other legal rights protecting data, information, or intangible property throughout the world, including any and all copyrights, trademarks, service marks, trade secrets, patent rights, moral rights, sui generis rights in databases, and contract rights.

6. Representations and Warranties. You represent and warrant to Pocket Cafe that: (1) You have the legal right and authority to enter into these Terms; (2) these Terms form a binding legal obligation on Your behalf; (3) You have the legal right and authority to perform Your obligations under these Terms and to grant the rights and licenses described in these Terms; and (4) Your use of and access to the Site, Products, Subscriptions, and Content, including Your Content, will comply with all applicable laws, rules, and regulations and will not cause Pocket Cafe itself to violate any applicable laws, rules, or regulations.

7. Disclaimers. 

1. General. THE SITE AND ALL CONTENT, PRODUCTS, AND SUBSCRIPTIONS ARE PROVIDED “AS IS” AND “AS AVAILABLE.” POCKET CAFE AND ITS PROVIDERS DO NOT WARRANT OR GUARANTEE THE ACCURACY, COMPLETENESS, ADEQUACY, OR CURRENCY OF ANY CONTENT AND DO NOT ENDORSE THE VIEWS OR OPINIONS THAT MAY BE EXPRESSED OR PROVIDED THROUGH THE SITE. POCKET CAFE AND ITS PROVIDERS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND WITH REGARD TO THE TECHNOLOGY (INCLUDING THE SITE), CONTENT, PRODUCTS, SUBSCRIPTIONS, AND THESE TERMS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, TITLE, OR NON-INFRINGEMENT, OR ARISING OUT OF COURSE OF PERFORMANCE OR COURSE OF DEALING. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY POCKET CAFE, ITS EMPLOYEES, PROVIDERS, OR AGENTS, OR THE SITE, WILL INCREASE THE SCOPE OF, OR CREATE ANY NEW WARRANTIES IN ADDITION TO, THE WARRANTIES EXPRESSLY SET FORTH IN THIS SECTION (IF ANY).

2. Product and Nutritional Disclaimers. Any information provided by or on behalf of Pocket Cafe regarding the Products, Subscriptions, or the Site (including product descriptions, ingredient information, nutritional information, blog posts, recipes, videos, marketing materials, or other Content) is for general informational purposes only. Such information is not intended to constitute, and should not be relied upon as, medical, nutritional, dietary, or professional advice, diagnosis, or treatment. Products are not intended to diagnose, treat, cure, or prevent any disease, unless expressly stated on the applicable Product label in accordance with applicable law. You should always read and follow all Product labels, packaging, instructions, warnings, and directions before use or consumption. Reliance on any information provided on the Site or in connection with the Products is solely at Your own risk. You are solely responsible for determining whether the Products are appropriate for Your individual needs, dietary requirements, sensitivities, allergies, or health conditions, and for consulting with a qualified healthcare or other professional as appropriate before using or consuming any Product, including if You are pregnant, nursing, taking medication, or have a medical condition. To the fullest extent permitted by applicable law, Pocket Cafe disclaims any responsibility or liability for any adverse effects, reactions, outcomes, or damages arising from or related to the use or consumption of the Products other than as expressly required by applicable law.

8. Indemnity. You hereby agree to indemnify, defend, and hold harmless Pocket Cafe and its officers, directors, shareholders, affiliates, employees, agents, contractors, assigns, users, customers, providers, licensees, and successors in interest (“Indemnified Parties”) from any and all claims, losses, liabilities, damages, fees, expenses, and costs (including attorneys’ fees, court costs, damage awards, and settlement amounts) that result from any claim or allegation against any Indemnified Parties arising in any manner from: (1) Your access to or use of the Site or any Content, Products, or Subscriptions; (2) Your Content or other Content You provide through the Site; (3) Your breach of any representation, warranty, or other provision of these Terms; or (4) Your gross negligence or willful misconduct. Pocket Cafe will provide You with notice of any such claim or allegation, and Pocket Cafe will have the right to participate in the defense of any such claim at its expense.

9. Limitation on Liability. POCKET CAFE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED, UNDER ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE), ARISING IN CONNECTION WITH OR OUT OF THE USE OF OR ACCESS TO THE TECHNOLOGY (INCLUDING THE SITE) OR ANY CONTENT, OR THE ORDERING, RECEIPT, OR USE OF ANY PRODUCTS OR SUBSCRIPTIONS, OR OTHERWISE RELATED TO THESE TERMS, EVEN IF POCKET CAFE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING ANY LOSS OF YOUR CONTENT, OPPORTUNITY, REVENUES, OR PROFITS, BUSINESS INTERRUPTION, OR PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES. POCKET CAFE’S TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH THESE TERMS AND POCKET CAFE’S PROVISION OF THE TECHNOLOGY (INCLUDING THE SITE) AND ALL CONTENT, PRODUCTS, AND SUBSCRIPTIONS, WHETHER IN CONTRACT OR TORT OR OTHERWISE, WILL NOT EXCEED THE GREATER OF (1) THE TOTAL AMOUNT YOU ACTUALLY PAID TO POCKET CAFE FOR USE OF OR ACCESS TO THE SITE OR FOR THE PURCHASE OF PRODUCTS (INCLUDING ANY SUBSCRIPTIONS THEREFOR) IN THE PRECEDING 6 MONTHS, AND (2) $100. YOU AGREE THAT POCKET CAFE WOULD NOT ENTER INTO THESE TERMS WITHOUT THESE LIMITATIONS ON ITS LIABILITY. IN JURISDICTIONS WHERE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES IS NOT PERMITTED, POCKET CAFE’S LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. THE FOREGOING LIMITATIONS APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING WITH RESPECT TO ANY CLAIMS ARISING FROM OR RELATED TO THE USE OR CONSUMPTION OF PRODUCTS AS DESCRIBED IN SECTION 16.2.

10. Data Privacy. You acknowledge the use, collection, and disclosure of Your personally identifiable information that You submit to the Site or that is collected about You from the Site as described in the Privacy Policy for the Site, which is located at https://pickpoca.com/policies/privacy-policy (“Privacy Policy”). Pocket Cafe will have the right to collect, extract, compile, synthesize, and analyze information resulting from Your access to and use of the Site and Content. To the extent any such information is collected or generated by Pocket Cafe, the data and information will be solely owned by Pocket Cafe and may be used by Pocket Cafe for any lawful business purpose without a duty of accounting to You.

11. Claims of Infringement. Pocket Cafe respects Your copyrights and other intellectual property rights and those of third parties. If You believe in good faith that Your copyrighted work has been reproduced on the Site without Your authorization in a way that constitutes copyright infringement, You may notify Pocket Cafe’s designated copyright agent by mail to:

Pocket Cafe, Inc. dba POCA

Attn: Pocket Cafe Copyright Agent

236 West Portal, #243

San Francisco, CA 94127

With a copy to: support@pickpoca.com

(510) 214-3807

Please provide the following information to Pocket Cafe’s copyright agent: (1) the identity of the infringed work, and of the allegedly infringing work; (2) Your name, address, daytime phone number, and email address, if available; (3) a statement that You have a good-faith belief that the use of the copyrighted work is not authorized by the owner, their agent, or the law; (4) a statement that the information in the notification is accurate and, under penalty of perjury, that You are authorized to act on behalf of the owner; and (5) Your electronic or physical signature. Pocket Cafe will take whatever action, in its sole discretion, it deems appropriate, including removing the allegedly infringing work from the Site.

1. Disputes. PLEASE READ THE FOLLOWING ARBITRATION AGREEMENT IN THIS SECTION (“ARBITRATION AGREEMENT”) CAREFULLY. IT REQUIRES YOU TO ARBITRATE DISPUTES WITH POCKET CAFE AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM POCKET CAFE.

1. Agreement to Arbitrate. Except as otherwise provided in Section 21.2 (Exception to Arbitration), the parties will attempt to resolve all disputes, controversies, or claims arising under, out of, or relating to these Terms, including the formation, validity, binding effect, interpretation, performance, breach, or termination of these Terms and the arbitrability of the issues submitted to arbitration hereunder and non-contractual claims relating to these Terms (each, a “Dispute”) through discussion between the parties. Except as otherwise provided in Section 21.2 (Exception to Arbitration), if any Dispute cannot be resolved through negotiations between the parties within 5 days of notice from one party to the other of the Dispute, either party may submit such Dispute for final settlement through binding arbitration through JAMS, under the JAMS Streamlined Rules then in effect (the “Rules”). Either party may commence the arbitration by delivering a request for arbitration as specified in the Rules. The arbitration will be conducted before a sole neutral arbitrator, selected as provided in the Rules. The arbitration will be conducted in the English language at a site specified by Pocket Cafe in San Francisco, CA, U.S.A. The arbitrator will apply the law set forth in Section 21.3 (Governing Law and Venue) to any such arbitration and shall have the power to award any remedy available at law or in equity; provided, however, that the arbitrator shall have no jurisdiction to amend these Terms or grant any relief not permitted herein or beyond the relief permitted herein. The award of the arbitrator will be the exclusive remedy of the parties for all claims, counterclaims, issues, or accountings presented or plead to the arbitrator. The award of the arbitrator will require the non-prevailing party to pay the prevailing party’s costs, fees, and expenses (including attorneys’ fees). Judgment upon the award may be entered in any court or governmental body having jurisdiction thereof. Any additional costs, fees, or expenses incurred in enforcing the award may be charged against the party that resists its enforcement.

2. Exception to Arbitration. You agree that if Pocket Cafe reasonably believes You have, in any manner, violated or threatened to infringe Pocket Cafe’s IPR, then Pocket Cafe may seek emergency, preliminary or other appropriate interim relief in the state or federal courts located in San Francisco, CA.

3. Governing Law and Venue. The interpretation of the rights and obligations of the parties under these Terms, including, to the extent applicable, any negotiations, arbitrations, or other proceedings hereunder, will be governed in all respects exclusively by the laws of the State of California (U.S.A.) as such laws apply to contracts between California residents performed entirely within California, without regard to the conflict of laws provisions thereof. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to these Terms, and the parties hereby disclaim the application thereof. Subject to Section 21.1 (Agreement to Arbitrate), each party will bring any action or proceeding arising from or relating to these Terms exclusively in a state or federal court in San Francisco, CA (U.S.A.), and You irrevocably submit to the personal jurisdiction and venue of any such court in any such action or proceeding brought in such courts by Pocket Cafe. Nothing in this Section limits any non-waivable consumer rights available under applicable law.

2. Notices. Unless otherwise specified in these Terms, any notices required or allowed under these Terms will be provided to Pocket Cafe by postal mail to Pocket Cafe, Inc. dba POCA, Attn: Legal, 236 West Portal, #243, San Francisco, CA 94127, with a copy to support@pickpoca.com. Pocket Cafe may provide You with any notices required or allowed under these Terms by sending You an email to any email address You provide to Pocket Cafe in connection with Your Account, provided that in the case of any notice applicable both to You and other users of the Site, Pocket Cafe may instead provide such notice by posting on the Site. Notices provided to Pocket Cafe will be deemed given when actually received by Pocket Cafe. Notice provided to You will be deemed given 24 hours after posting to the Site or sending via email, unless (as to email) the sending party is notified that the email address is invalid.

3. Advertising. You acknowledge and agree that the Site may serve, display, present, or otherwise provide You with advertisements or other promotional messages (which may be for or include links to Third-Party Products) (“Third-Party Ads”). Pocket Cafe is not responsible for the availability of any Third-Party Ads, or the Content or messages contained therein. Pocket Cafe will not be liable for any errors in Content or omissions in any Third-Party Ads, nor responsible for any losses or damages of any sort incurred as a result of Your participation with, use of, or reliance on any Third-Party Ads, including any goods, products, or services offered by such Third-Party Ads, the messages or offers therein, or any of Your dealings with or participation in promotions of any advertisers found on or through the Site, Content, or Products.

4. Additional Terms. Except as expressly set forth in these Terms, these Terms may be amended or modified only by a writing signed by both parties. All waivers by Pocket Cafe under these Terms must be in writing or later acknowledged by Pocket Cafe in writing. Any waiver or failure by Pocket Cafe to enforce any provision of these Terms on one occasion will not be deemed a waiver by Pocket Cafe of any other provision or of such provision on any other occasion. If any provision of these Terms is held to be unenforceable, that provision will be removed to the extent necessary to comply with applicable law, replaced by a provision that most closely approximates the original intent and economic effect of the original to the extent consistent with applicable law, and the remaining provisions will remain in full force. You may not assign, transfer, or delegate either these Terms or any of Your rights or obligations hereunder (in whole or in part and including by sale, merger, consolidation, or other operation of law) without Pocket Cafe’s prior written approval. Any assignment in violation of the foregoing will be null and void. Pocket Cafe may assign these Terms to any party that assumes Pocket Cafe’s obligations hereunder. The words “include,” “includes,” and “including” mean “include,” “includes,” or “including,” in each case, “without limitation.” The word “or” is not exclusive. The parties hereto are independent contractors, not agents, employees, or employers of the other or joint venturers, and neither party acquires hereunder any right or ability to bind or enter into any obligation on behalf of the other. The Site may contain links to third-party sites that are not under the control of Pocket Cafe. Pocket Cafe is not responsible for any content on any linked site and You access any third-party site from the Site at Your own risk.