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Terms & Conditions

Effective date: 28 April 2026 · Last updated: 28 April 2026

These Terms & Conditions ("Terms") govern your access to and use of the websites, software, automation services, AI tools, and managed-service offerings provided by Pocket CEO ("Pocket CEO", "we", "us", "our"). By engaging our services, signing an order form, or sending the first SMS or email through our systems, you ("Customer", "you") agree to these Terms. If you do not agree, do not use the Service.

1. Scope and parties

These Terms apply only to business customers (Unternehmer per § 14 BGB in Germany; non-consumers under HK law). The Service is not intended for consumers. Where a separate written agreement (Order Form, SOW, MSA, or Auftragsverarbeitungsvertrag) has been executed, that agreement prevails over these Terms in the event of conflict for the matters it covers.

2. The Service

Pocket CEO provides AI automation, custom AI development, workflow integration, and communications-technology services. Concrete deliverables are defined in the applicable Order Form or scoping document. Components may include:

3. Service formation, term, and cancellation

The contract is formed upon written acceptance of an Order Form or upon first paid invoice, whichever is earlier. Monthly retainer engagements are billed in advance and are cancellable at the end of any monthly billing period upon written notice (email is sufficient) at least seven (7) calendar days before the next billing date. Setup fees and one-time fees are non-refundable once delivery has commenced, except where the No-Win-No-Pay guarantee applies (see Section 5).

4. Fees, payment, and currency

Prices are denominated in Hong Kong Dollars (HKD). USD or EUR figures shown alongside HKD are indicative only and do not affect the contractual amount. Where a Customer is invoiced in another currency by separate written agreement, that agreement governs the conversion mechanism.

Payment is due upon issuance of invoice (Net 0) unless otherwise agreed. For invoices not paid within 14 calendar days of the due date, late-payment interest accrues at the statutory rate (in Germany: 9 percentage points above the Bundesbank base rate per § 288 (2) BGB; in Hong Kong: 1.5% per month). Bank fees, FX charges, and Stripe/Wise payment-processor fees are borne by the paying party.

5. Setup-Day and No-Win-No-Pay guarantee

For engagements that include a Setup-Day deliverable, if no functional element of the agreed scope is operating by end of Setup-Day, the setup fee is fully refundable, no questions asked. The retainer for the following month is also waived. The guarantee does not cover Customer-caused delays, missing access credentials, or third-party-platform outages outside our control.

6. AI output disclaimer

The Service incorporates artificial-intelligence models that may produce outputs that are inaccurate, incomplete, biased, or otherwise unsuitable for a given purpose ("AI Outputs"). AI Outputs are not legal, medical, insurance, financial, or other professional advice. The Customer is solely responsible for reviewing and approving AI Outputs before any business use, client communication, regulatory filing, or commercial decision. To the maximum extent permitted by law, Pocket CEO disclaims all warranties as to accuracy, completeness, or fitness of AI Outputs for any particular purpose.

7. Insurance Industry Disclaimer

Pocket CEO is not a licensed insurance intermediary under the Hong Kong Insurance Ordinance (Cap. 41) and is not authorised by the Hong Kong Insurance Authority to carry on any regulated activity. We do not provide insurance mediation within the meaning of § 34d GewO (Germany), § 137 GewO (Austria), or the Versicherungsaufsichtsgesetz (Switzerland). We provide software, automation, and marketing-technology services only. We do not negotiate, arrange, or advise on contracts of insurance, nor do we invite or induce any person to enter into a contract of insurance. The Customer (where the Customer is a licensed insurance broker, agent, or intermediary) is solely responsible for compliance with sales-conduct, suitability, advice-documentation, record-keeping, and continuing-professional-development obligations in the Customer's jurisdiction. Outputs of the Service intended for end-clients must be reviewed and approved by the Customer's broker of record before delivery.

8. SMS messaging terms (A2P 10DLC)

Where the Service includes SMS messaging to U.S. mobile numbers, you and your end-recipients agree to the following:

9. Customer cooperation (Mitwirkungspflichten)

The Customer shall provide accurate, complete, and timely access to systems, credentials, content, and decision-makers required for delivery. Delays caused by missing Customer cooperation extend our delivery timeline by an equivalent amount and do not reduce fees. The Customer shall ensure all data shared with us has been collected lawfully and that the Customer has the necessary rights and consents to allow processing under these Terms.

10. Third-party platforms and providers

The Service incorporates and interoperates with third-party tools and providers (collectively, "Third-Party Services"). The Customer's use of Third-Party Services is subject to the terms, acceptable-use policies, and privacy notices of those providers, which form part of this agreement by reference. Pocket CEO is not liable for outages, model deprecations, policy changes, pricing changes, or feature changes by Third-Party Services. Where a Third-Party Service materially changes or becomes unavailable, we will use reasonable efforts to propose an equivalent alternative, but we make no warranty that such alternative will be free of charge or feature-equivalent.

11. Open-source components and Tigerpaw

Components of the Service are made available under the GNU Affero General Public License v3.0 ("Tigerpaw", repository at github.com/varunrazdan/tigerpaw). The AGPL applies only to those open-source components; the wider Service, configurations, prompts, integrations, and Customer-specific automations are proprietary to Pocket CEO or to the Customer (as applicable). The AGPL components are provided "AS IS", WITHOUT WARRANTY OF ANY KIND, in accordance with Sections 15–16 of the AGPL-3.0.

12. Intellectual property

Customer retains all rights in Customer Data (the data, content, and materials Customer provides to the Service). Customer grants Pocket CEO a non-exclusive, worldwide licence to use Customer Data solely to deliver and improve the Service for the Customer. Pocket CEO retains all rights in the Service itself, including its proprietary tooling, prompts, configurations, methodology, code (other than open-source components), and documentation. Outputs generated specifically for and delivered to the Customer (e.g., custom workflows, branded proposals, configured agents) are licensed to the Customer for unrestricted internal business use during and after the term, subject to ongoing payment of any retainer fees.

13. Confidentiality

Each party agrees to keep confidential the other party's non-public business, technical, financial, and customer information disclosed under this engagement. Confidential information may be used only to perform under these Terms and shall be protected with at least the same degree of care the recipient applies to its own confidential information. Obligations survive termination for three (3) years.

14. Data protection (GDPR, PDPO, etc.)

Where Pocket CEO processes personal data on behalf of a Customer established in the EEA, Switzerland, or the UK, we act as data processor under Article 28 GDPR. The corresponding Auftragsverarbeitungsvertrag (Data Processing Agreement) is available on request and forms part of the contract. The DPA prevails over these Terms in matters of personal-data processing. Sub-processors are listed at our Privacy Policy, Section 12; material changes are notified at least 30 days in advance. Customers in Hong Kong are protected under the Personal Data (Privacy) Ordinance (Cap. 486), see Section 9 of our Privacy Policy.

15. Warranties and disclaimers

We will perform the Service with reasonable care and skill consistent with industry standards. To the maximum extent permitted by applicable law and except for the express warranty in this Section, the Service is provided "AS IS" and without further warranties of any kind, whether express or implied, including merchantability, fitness for a particular purpose, non-infringement, or that the Service will be uninterrupted or error-free.

16. Limitation of liability

To the maximum extent permitted by law, the total aggregate liability of Pocket CEO arising out of or related to these Terms is limited to the fees paid by the Customer to Pocket CEO during the twelve (12) months immediately preceding the event giving rise to the claim. In no event is Pocket CEO liable for indirect, consequential, special, incidental, or punitive damages, lost profits, lost revenue, lost data, or business interruption.

The above limitations do not apply to (a) intent (Vorsatz) or gross negligence (grobe Fahrlässigkeit); (b) damages from breach of essential contractual duties (Kardinalpflichten), in which case liability is limited to foreseeable damages typical of this kind of contract; (c) injury to life, body, or health; (d) liability under the German Product Liability Act (Produkthaftungsgesetz); or (e) any liability that cannot be limited by law.

17. Indemnity

Customer shall indemnify and hold Pocket CEO harmless from third-party claims arising out of (a) Customer's use of the Service in violation of these Terms or applicable law; (b) Customer Data infringing the rights of any third party or violating any law (including data-protection or marketing-consent laws); (c) misuse of AI Outputs in violation of Section 6 above. Pocket CEO will indemnify Customer for third-party claims that Pocket CEO's proprietary tooling, as delivered, infringes a valid intellectual-property right of a third party, subject to the limitations in Section 16.

18. Suspension and termination

Either party may terminate for material breach upon 14 days' written notice if the breach is not cured within that period. Pocket CEO may suspend the Service immediately if Customer's use violates law, infringes third-party rights, exposes our systems to risk, or causes our payment processors or carriers to threaten suspension. Upon termination, each party will return or destroy the other's confidential information except where retention is required by law.

19. Changes to the Service and these Terms

We may modify these Terms with at least 30 days' prior written notice (email is sufficient). If you object to a material change, you may terminate the engagement effective the end of the current billing period; continued use after the effective date constitutes acceptance.

20. Force majeure

Neither party is liable for failures to perform caused by events beyond its reasonable control, including natural disasters, war, terrorism, civil unrest, government action, internet or carrier outages, large-scale third-party-platform outages, AI-model deprecations imposed by upstream providers, and pandemic-related disruptions.

21. Governing law and jurisdiction

For Customers established in the EU/EEA/Switzerland/UK, these Terms are governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). The exclusive place of jurisdiction is Munich, Germany, to the extent permitted under § 38 ZPO for B2B contracts.

For all other Customers (including Hong Kong, APAC, the Americas, and the rest of the world), these Terms are governed by the laws of the Hong Kong Special Administrative Region. The courts of Hong Kong have exclusive jurisdiction. The parties may agree in a separate Order Form to refer disputes to the Hong Kong International Arbitration Centre (HKIAC) under its administered arbitration rules.

22. Consumer dispute resolution (Germany)

Pocket CEO is a B2B-only provider and does not contract with consumers. We are not obliged and do not participate in dispute-resolution proceedings before a consumer arbitration body within the meaning of the Verbraucherstreitbeilegungsgesetz (VSBG).

23. Severability

If any provision of these Terms is held invalid or unenforceable, the remainder remains in full force, in line with § 306 BGB. The invalid provision shall be replaced by a valid provision that approximates the economic intent of the original as closely as possible.

24. Notices

Legal notices to Pocket CEO must be sent to vr@gopocketceo.com with a copy to the registered address listed in our Impressum. Notices to Customer go to the email address on the most recent invoice or Order Form.

25. Entire agreement

These Terms, together with the applicable Order Form, our Privacy Policy, the Data Processing Agreement (where executed), and any referenced sub-processor list, constitute the entire agreement between the parties and supersede prior or contemporaneous communications.

See also: Privacy Policy · Impressum (Germany)