Pockella Terms of Use

These Terms of Use ("TOU") applies to anyone who visits or uses (“You” or “Your”) the Pockella shop, the website located at https://www.pockella.com/ (“Site”), and any sub-sites operated by Pockella (collectively, “Pockella”, “We”, “Us”, or “Our”). Pockella is operated by Meshy LLC (“Meshy”). Pockella allows You to create and order custom-made physical products, including 3D-printed figures and keychains, generated from content You upload onto the service, including 3D model files generated through Meshy (collectively, the “Service”, and each printed item, the “Product”).

This TOU, the product specifications and purchase details presented to You when You place an order ("Order"), and all other documents or policies referenced in this TOU form a single binding agreement between You and Pockella ("Agreement").

PLEASE READ THIS AGREEMENT CAREFULLY AS IT CONTAINS IMPORTANT TOPICS SUCH AS ARBITRATION. BY ACCESSING OR USING THE SERVICE, YOU AGREE TO THE AGREEMENT. IF YOU DO NOT UNCONDITIONALLY AGREE TO THE FOREGOING, PLEASE DO NOT USE THE SERVICE.

Pockella may update or modify this Agreement from time to time. We will notify You of any material changes to this Agreement 30 calendar days in advance. Any changes will take effect on the date indicated as "Last Updated" at the top of this page. Your continued use of the Service after any changes take effect constitutes Your acceptance of the revised Agreement.

1. Access to the Service

1.1 Service Use Requirements

The Service is not directed at children under 16. You must be at least 16 years old and meet any higher minimum age required in Your country to use the Service. By using Pockella, You represent and warrant that You meet this age requirement. If You are not old enough to have authority to consent to this Agreement, Your parent or guardian must agree to this Agreement on Your behalf. If You use the Service on behalf of an organization, You represent that You have authority to bind that organization.

1.2 User Accounts and Authorized Access

To access and use the Service, You may be required to register for an account and provide certain information. All personal data You submit during registration or through Your use of the Service is governed by Our Privacy Policy, available at https://www.pockella.com/legal/privacy. You agree to provide information that is accurate, complete, and current at all times.

You agree not to share Your account credentials with, or otherwise provide access to, any other person. You are fully responsible for all use of and activity conducted under Your account, whether authorized by You or not. Pockella is not liable for any losses arising from the unauthorized use of Your account. You agree to promptly notify Pockella of any unauthorized access to, or use of, Your account credentials or any other breach of security.

2. Using the Service

2.1 Access Grant, Availability, and Quality

Pockella grants You a limited, revocable, non-exclusive, non-transferable, and non-sublicensable license to access and use the Service in accordance with the Agreement during the Term (as defined below). Pockella reserves all rights not expressly granted to You under the Agreement.

We are constantly improving the Services to make them better, and reserve the right to modify, update, or discontinue the Services or any features made available to you from time to time. Pockella makes no guarantees regarding the quality, stability, uptime, or reliability of the Service, and will not be liable for any unavailability or interruption of the Service, in whole or in part, at any time or for any duration.

2.2 Content

As part of Your use of the Service, You may upload or submit images, designs, text, artwork, 3D files, or other materials ("Content") to the Service. You grant Pockella and its third party service providers (including Print Partners, as defined below) a non-exclusive, worldwide, royalty-free, irrevocable, perpetual, sublicensable right to use, reproduce, modify, prepare derivative works of, display, print, and distribute Your Content.

You represent and warrant that: (i) You have obtained all rights, licenses, consents, and permissions needed to input such Content into the Service, including from each person whose name or likeness appears in your Content, and have the legal right and authority to grant Pockella the license and rights as set forth herein; (ii) Your Content, and the resulting Products, do not and will not infringe, misappropriate, or violate any third party intellectual property, publicity, privacy, or other rights; and (iii) Your Content complies with this Agreement and applicable law.

You are entirely responsible for all Content that You upload, post, email, transmit or otherwise make available. Pockella assumes no liability for Content and You are solely responsible for any liability arising from or related to any Content You transmit in any manner via the Service.

You may also submit ratings, reviews, images, or other comments regarding the Products that You order through the Services (“Reviews”). Reviews may be displayed to other users in connection with the Site and Service, along with certain information associated with Your Review, such as Your name and profile image. Reviews constitute Content under this Agreement.

2.3 Designing Your Product

The Service includes tools that let You submit Content, turn it into a stylized design, and customize your resulting Product. The stylized preview, 3D models, and other output created through these design tools are Your “Design”. To create Your Design, the Content is processed by automated tools, including AI models operated by Meshy and Our service providers on our behalf, as described in our Privacy Policy. As between You and Pockella, You own Your Design, and grant Us and Our third party service providers (including Print Partners) the same license to Your Design that You grant for Your Content under Section 2.2. We may review, remove, or disable access to any Content or Design, or cancel a related Order at our discretion if We believe that Content violates this Agreement or applicable law.

Designs are created using certain automated tools, including AI models, and the generated Designs may not be unique. You are solely responsible for reviewing and evaluating all Designs for accuracy, completeness, and other factors relevant to Your use before you place an Order. We will print Your Designs as You approve it.

Content and Designs are stored by Us only for a limited period, and may be deleted after a certain period of time. We are not responsible for Content or Designs deleted under Our standard retention practices.

2.4 Use Restrictions

You may not upload or submit Content or order Products based on Content that: (a) infringes any copyright, trademark, trade dress, patent, or other intellectual property or proprietary rights, or rights of publicity or privacy; (b) is misleading, deceptive, false, defamatory, obscene, offensive, or promotes harm or discrimination against an individual or a group; (c) promotes illegal activity or illegal or regulated goods; or (d) otherwise violates this Agreement or applicable law.

You may not use the Site or Service in the following manner or for the following purposes: (i) violate any applicable federal, state, local, national, and international laws or regulations; (ii) reverse engineer, decompile, disassemble, modify, create derivative works of, or otherwise create, attempt to create or derive, or permit or assist any third party to create or derive, the source code underlying the Site or Service; (iii) infringe upon or violate any third party rights, including intellectual property rights or rights of publicity or privacy; (iv) develop or offer competitive products or services or engage in competitive analysis; (v) resell or redistribute the Service or access to the Service; (vi) allow multiple users to use one user account; (vii) use the Service to attempt to or actually deceive or defraud; (viii) introduce any virus, Trojan horse, malware, or other malicious code through the Service; (ix) attempt to gain unauthorized access to or interfere with any parts of the Service; (x) to transmit or submit any sensitive personal data, including but not limited to social security numbers, dates of birth or financial information; or (xi) use generated digital assets to train, develop, or improve AI models.

Products are intended for use as custom keepsakes and accessories. Products are not intended for use as children’s toys, pet chew toys, food-contact articles, medical devices or safety-critical components, or any other use other than for display or other ordinary decorative use. Pockella reserves the right to reject or cancel any Orders at any time as necessary to comply with applicable laws and enforce these restrictions.

We reserve the right to monitor Your use of the Service to assess compliance with the Agreement, and reserve the right to suspend or terminate Your user account and access to all or part of the Service in accordance with Section 6 (Term and Termination).

3. Orders

3.1 Order Fulfillment

We use one or more independent third-party order processing, printing and delivery providers who will manufacture and ship the Product directly to you (“Print Partner”). You acknowledge that Pockella does not manufacture, produce, or ship the Product, and You authorize Us to share your Order information with the Print Partner, including the 3D model file for your approved Design, your name and delivery address, email, contact details, and other specifications that you include in the Order.

Please note that Orders cannot be modified once submitted. You may request cancellation of an Order by emailing support@pockella.com within twenty-four (24) hours after placing the Order. After the twenty-four (24) hour period, production on Your Product may have commenced, and cancellations due to a change of mind will not be permitted. Each Product is custom made to order from Your Design. For this reason, We do not accept returns, exchanges, or cancellations if you change your mind, select the wrong Product, or are unhappy with the Design that you approved. Nothing in this Section limits any cancellation, refund or other rights available under applicable law.

We reserve the right to reject or cancel an Order as necessary to comply with applicable laws and to enforce this Agreement.

3.2 Shipping and Delivery

Orders will be shipped to the address that You provide in Your Order. You are responsible for ensuring that Your shipping address and related order information is complete and accurate. Incorrect or incomplete information may cause delays or unsuccessful delivery, and additional charges may be incurred for any address correction, re-shipment, re-delivery, or other related issues. Pockella is not responsible for delays, delivery failures, losses, additional charges, or other issues that result from inaccurate or incomplete information that You provide. Title to and risk of loss pass to you upon delivery to the shipping carrier.

Please note that the production and delivery timelines provided are estimates only, and may vary depending on production availability and shipping conditions.

3.3. Product Quality; Defects

Products are custom-made using the Design approved by You. Minor variations in color, dimensions and finish may result from screen display differences and the manufacturing process. Such variations do not, by themselves, constitute a defect. Any issues resulting from the quality of your Content or the appearance of the Design that You approved, and other damage resulting from normal wear and tear or misuse also do not constitute a defect.

If a Product arrives materially damaged or defective, or materially fails to conform to Your approved Design, You must notify Pockella within thirty (30) days of delivery by emailing support@pockella.com. Your email must include Your Order number and a brief description of the issue or other reasonable evidence such as a photograph illustrating the issue.

You acknowledge that the Print Partner manufactures and fulfills the Products and is responsible for their quality. When You report an issue, We will submit it to the Print Partner and work with the Print Partner to address it. The availability of a replacement, refund, or other remedy may depend on the Print Partner’s policies. If Pockella determines that a material defect reported in accordance with this Section 3.3 occurred, We will work with You in good faith to resolve it, which may include a remake of the affected Product or a refund, as determined in Our reasonable discretion. To the fullest extent permitted under applicable law, subject to any non-waivable rights you may have under consumer protection laws, the remedies described in this Section 3.3 are Your sole and exclusive remedies for damaged, defective, or nonconforming Products.

4. Fees

The applicable fees for the Service, including the Product price, printing, shipping, applicable taxes, and other charges will be as presented to you during the checking out process before you submit Your Order. You are responsible for all applicable sales, use, value-added, and similar taxes, and applicable import duties and local taxes. Payment is due in full when You place an Order and must be made using a payment method accepted at checkout.

By submitting payment, You authorize Pockella and its third party order and payment processors to process Your payment and charge Your selected payment method for the total amount disclosed at checkout. Your Order is placed upon payment and accepted when We send You an Order confirmation email.

5. Intellectual Property

Pockella and its licensors owns all right, title, and interest in and to the Service, including but not limited to the Site, any documentation related to the Service, software, design-generation technology, underlying models, know-how, design, text, graphics, logos, the Pockella and related trademarks, service marks, and trade dress (collectively, "Pockella IP"). Other than as expressly allowed by Us in writing, nothing herein or in the Service may be implied as granting any license, assignment, or right to copy or use Pockella IP without prior authorization.

If You provide feedback about the Service, You grant Us a perpetual, worldwide, irrevocable, royalty-free, transferable license to use it freely without restriction and compensation.

6. Term and Termination

The term of the Agreement will commence on the date You first use the Service and will continue until You stop using the Service or Your access is terminated under this Section 6 (the "Term"). You may stop using the Service at any time and request account closure at support@pockella.com. Closing an account does not itself cancel an Order, erase records We must retain by law or affect accrued rights.

We reserve the right to suspend or terminate Your access to the Service, cancel pending Orders, or terminate this Agreement if (i) We need to prevent a credible risk of harm or liability to Pockella or a third party; (ii) You use Pockella in a way that violates this Agreement, (iii) We are required to do so by law; or (iv) You engaged in fraudulent activity. We will take reasonable steps to provide You with written notice prior to such suspension or termination. If We cancel a pending Order for reasons other than Your violation of this Agreement, we will provide you a refund.

7. DMCA and Takedowns Policy

7.1 Notification Procedures

We respect the intellectual property rights of others. If You believe that material located on or linked to by the Service violates Your copyright or trademark, please send a notice of claimed infringement by email to support@pockella.com with the subject "Takedown Request", and include the following:

• Your physical or electronic signature.
• Identification of the copyrighted work (or mark) You believe to have been infringed or, if the claim involves multiple works, a representative list of such works.
• Identification of the material You believe to be infringing in a sufficiently precise and detailed manner to allow Us to locate that material.
• Adequate information by which We can contact You (including Your name, postal address, telephone number, and, if available, email address).
• A statement that You have a good faith belief that use of copyrighted material is not authorized by the copyright owner, its agent, or the law.
• A statement that the information in the written notice is accurate.
• A statement, under penalty of perjury, that You are authorized to act on behalf of the copyright owner.

If the copyright owner's rights arise under the laws of a country other than the United States, please identify the country.

You may also send notices containing the above-required information to the following Address;

Meshy LLC Murphy Square, 111 West Evelyn Avenue, Suite 304, Sunnyvale, CA 94086

Upon receipt of a notice that complies with the foregoing, We reserve the right to remove or disable access to the accused material or disable any links to the material; notify the party accused of infringement that We have removed or disabled access to the identified material; and terminate access to and use of the Service for any user who engages in repeated acts of infringement.

Please be aware that if You knowingly misrepresent that material or activity on the Service is infringing Your copyright, You may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.

7.2 Counter-Notification Procedure

If You believe that material was removed or access to it was disabled by mistake or misidentification, You may file a counter-notification with Us by submitting a written notification to Our copyright agent designated above. Such notification must include substantially the following:

• Your physical or electronic signature.
• An identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled.
• Adequate information by which We can contact You (including Your name, postal address, telephone number, and, if available, email address).
• A statement under penalty of perjury by You that You have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.
• A statement that You will consent to the jurisdiction of the Federal District Court for the judicial district in which Your address is located (or if You reside outside the United States for any judicial district in which the Service may be found) and that You will accept service from the person (or an agent of that person) who provided Us with the complaint at issue.

Our designated agent to receive counter notices is the same as the agent shown above.

The DMCA allows Us to restore the removed content within 10-14 business days unless the complaining party initiates a court action against You during that time period and notifies Us of the same.

Please be aware that if You knowingly materially misrepresent that material or activity on the Service was removed or disabled by mistake or misidentification, You may be held liable for damages (including costs and attorney's fees) under Section 512(f) of the DMCA.

8. Disclaimers

EXCEPT AS EXPRESSLY SET FORTH IN THE AGREEMENT, THE SERVICES, SITE, AND PRODUCTS ARE PROVIDED "AS-IS" AND "AS-AVAILABLE" WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR OTHERWISE. POCKELLA DOES NOT MAKE ANY WARRANTY OR REPRESENTATIONS WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES, SITE, OR ANY PRODUCT. WITHOUT LIMITING THE FOREGOING, POCKELLA DOES NOT REPRESENT OR WARRANT THAT THE SERVICE OR SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SITE OR SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICE WILL OTHERWISE MEET YOUR NEEDS, EXPECTATIONS, OR ACHIEVE ANY PARTICULAR RESULT. POCKELLA HEREBY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.

9. Indemnification

You agree to, to the fullest extent permitted by applicable law, defend, indemnify, and hold harmless Pockella as well as Our shareholders, directors, officers, employees, agents, advisors, affiliates, assignors, and licensors from and against any and all third party claims, causes of action, demands, liabilities, damages, losses, fines, penalties, costs and expenses, and settlements including without limitation, reasonable attorney's fees, arising from or related to: (i) Your unauthorized use of the Service; (ii) Your breach of any provision in the Agreement; or (iii) Your violation of applicable laws, except where such damages are caused by Pockella’s negligence or willful misconduct.

10. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL EITHER YOU OR POCKELLA BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO THE LOSS OF REVENUE, PROFITS, DATA, USE, GOODWILL OR REPUTATION, BREACH OF DATA OR SYSTEM SECURITY, PUNITIVE DAMAGES, OR THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES, INCURRED OR SUFFERED BY THE OTHER PARTY OR ANY THIRD PARTY IN CONNECTION WITH THIS AGREEMENT, WHETHER IN AN ACTION IN CONTRACT, TORT, BASED ON A WARRANTY, OR OTHERWISE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL POCKELLA'S AGGREGATE LIABILITY RELATED TO THIS AGREEMENT EXCEED THE AMOUNT ACTUALLY PAID OR PAYABLE BY YOU TO POCKELLA IN THE TWELVE (12) MONTHS PRIOR TO THE FIRST INCIDENT THAT GAVE RISE TO THE LIABILITY, EXCEPT WHERE SUCH DAMAGES ARE CAUSED BY POCKELLA’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.

11. Dispute Resolution

To the extent permitted by applicable consumer protection laws, in the event a dispute, controversy, or claim arises out of or relating to these terms ("Dispute"), the Dispute will be resolved by binding arbitration rather than in court. Should a Dispute arise, the complaining party shall first attempt in good faith to resolve the Dispute by delivering written notice to the other party describing the facts and circumstances (with relevant documentation) of the Dispute, and allowing the receiving party thirty (30) days since the date of notice delivery to respond.

If the Dispute is not resolved within thirty (30) days after the notice is delivered, the Dispute shall be resolved by arbitration by the American Arbitration Association's International Centre for Dispute Resolution in accordance with its Expedited Commercial Rules in force as of the date of this Agreement ("Rules"). The parties will mutually select one arbitrator, and the arbitration shall be conducted in San Francisco County, California, USA.

EACH PARTY AGREES THAT THEY ARE KNOWINGLY AND IRREVOCABLY WAIVING THE RIGHT TO TRIAL BY JURY IN ANY ACTION, PROCEEDING, OR COUNTERCLAIM AND THE RIGHT TO JOIN AND PARTICIPATE IN A CLASS ACTION, TO THE FULLEST EXTENT PERMITTED UNDER THE LAW IN CONNECTION WITH THIS AGREEMENT.

The arbitration award will be final and binding on the parties and its execution may be presented in any competent court, including any court with jurisdiction over either party or any of its property. Each party will bear its own lawyer's and expert's fees and expenses, regardless of the arbitrator's final decision regarding the Dispute. Either party may apply to any competent court for injunctive or other equitable relief necessary to protect its rights pending resolution of the arbitration.

12. General Provisions

12.1 Governing Law

To the extent permitted by applicable consumer protection laws, the Agreement will be governed by and construed in accordance with the internal laws of the State of California, provided, however, that to the extent any provision of the Agreement conflicts with any mandatory provisions of Japanese law, such mandatory provisions of Japanese law will apply solely to the extent of such conflict. Any legal suit, action, or proceeding arising out of or related to this Agreement or the licenses granted hereunder must be instituted in the federal courts of the United States or the courts of the State of California in each case located in Santa Clara County, California and each Party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action, or proceeding. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods.

12.2 Waiver and Severability

Failure by You or Pockella to enforce any term of this Agreement is not a waiver of that term or any other term. If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect.

12.3 Force Majeure

Pockella will not be liable for failure or delay in performance to the extent caused by circumstances beyond its reasonable control, ("Force Majeure Event") including earthquake, flood, or other natural disaster, act of God, labor controversy, civil disturbance, terrorism, riots, or war.

12.4 Survival

Upon expiration or termination of this Agreement, all rights and obligations will immediately terminate except that any terms or conditions that by their nature should survive such expiration or termination will survive, including the terms and conditions relating to payment, intellectual property rights, disclaimers, indemnifications, limitations of liability, dispute resolution, and the general provisions.

12.5 Entire Agreement

This Agreement contains the entire agreement between You and Pockella regarding the Service, and supersedes any prior or contemporaneous agreements between You and Pockella.