Terms of Service

1. Agreement to Terms

By accessing and using pokexguides.com (the "Service"), you agree to be bound by these Terms of Service ("Terms"). If you disagree with any part of these terms, then you may not access the Service.

2. Important Disclaimer

PokeXGuides is an independent fan site and is not affiliated with, endorsed by, or connected to:

The Pokémon Company International
Nintendo Co., Ltd.
Game Freak Inc.
Creatures Inc.
PokeXGames
Any official Pokémon entities

All Pokémon-related names, characters, images, and trademarks are the property of their respective owners. This website operates under fair use principles for informational and educational purposes.

3. Description of Service

PokeXGuides is a web-based platform that provides:

Pokémon-related information, guides, and educational content
Tools and resources for Pokémon fans
Original analysis and commentary
Community-generated content and guides
Free and premium subscription tiers with different features

Data Sources: Some Pokémon data is sourced from pokexgames.com and other publicly available sources. We create original guides, translations, and analysis content.

4. Account Registration & Security

Account Requirements

Registration: To access premium features and save game profiles, you must create an account with a valid email address and password.
Email Verification: You must verify your email address to activate your account and access all features.
Accurate Information: You agree to provide accurate, current, and complete information during registration and to update your information as necessary.
Age Requirement: You must be at least 13 years old to create an account. Users under 18 require parental consent.

Account Security - Your Responsibilities

Password Security: You are responsible for maintaining the confidentiality of your password and account credentials.
Unauthorized Access: You must notify us immediately at pokexguides@outlook.com if you suspect any unauthorized use of your account.
No Account Sharing: Accounts are personal and non-transferable. Sharing your account credentials is strictly prohibited and may result in account termination.
Session Management: You are responsible for logging out from shared or public devices.

You are responsible for all activity that occurs under your account. We are not liable for any loss or damage arising from your failure to maintain account security.

Account Termination

By You: You may delete your account at any time by contacting us at pokexguides@outlook.com. Upon deletion:

Your account data and game profiles will be permanently deleted within 30 days
Active subscriptions will be canceled (no refunds)
Subscription records will be retained for 7 years for tax compliance
Account deletion cannot be undone after the 30-day grace period

By Us: We reserve the right to suspend or terminate accounts that violate these Terms, including:

Sharing account credentials
Abusing the free trial system with multiple accounts
Violating prohibited uses listed in these Terms
Fraudulent activity or payment disputes

5. Subscription Plans & Billing

Available Plans

Free Plan

✓ Access to all guides and content
✓ Basic features
✓ Limited game profiles
✗ Ads displayed on most pages

Premium Plans

Monthly: $2.99/month

Annual: $29.99/year

✓ Ad-free experience
✓ Multiple game profiles
✓ Multiple simultaneous sessions
✓ Future premium features

7-Day Free Trial: New subscribers receive a 7-day free trial. You can cancel anytime during the trial without being charged.

Billing & Payment Terms

Payment Processing: All payments are securely processed by Stripe. We do not store your payment information.
Automatic Renewal: Subscriptions automatically renew at the end of each billing period unless canceled.
Free Trial: After the 7-day trial period, your selected payment method will be charged automatically unless you cancel before the trial ends.
Billing Cycle: You will be billed on the same day each month (monthly plan) or year (annual plan) as your subscription start date.
Taxes: Prices do not include applicable taxes. Taxes will be added to your invoice based on your location.

Pricing Policy

Price Changes: We reserve the right to change subscription prices at any time. Price changes will be communicated at least 30 days in advance via email.

Grandfathered Pricing: If you maintain an active subscription without cancellation, you will keep your current pricing even if we increase prices in the future. However, if you cancel your subscription and later resubscribe, you will be charged the current pricing at that time.

Important: Once you cancel, you lose your grandfathered price permanently, even if you reactivate the same day.

Cancellation & Refund Policy

Cancellation: You may cancel your subscription at any time through your account settings or by contacting us at pokexguides@outlook.com. Cancellation is effective immediately, but you will retain access to premium features until the end of your current billing period.

No Refunds: All subscription fees are non-refundable. When you cancel, you will not receive a refund for any partial billing period or unused time remaining on your subscription.

Post-Cancellation: After cancellation, you will revert to the Free plan at the end of your paid period. All premium features will be disabled, including:

Ad-free experience (ads will resume)
Additional game profiles (only basic profiles will remain accessible)
Multiple simultaneous sessions

Trial Cancellation: If you cancel during your 7-day free trial, you will not be charged. Access to premium features ends immediately upon cancellation during the trial period.

6. Trial Period & Abuse Prevention

Trial Terms

Duration: 7-day free trial for new users only
Limitation: One trial per person, household, or payment method
Payment Method: Credit card required (not charged until trial ends)
Cancellation: You may cancel anytime during the trial period
Automatic Conversion: Trial automatically converts to paid subscription unless canceled

Abuse Detection

We detect trial abuse through multiple methods:

Email address matching and patterns
IP address analysis and geolocation
Payment method fingerprinting
Device fingerprinting and browser signatures
Behavioral patterns and usage metrics

Consequences of Abuse

Trial Denial: Trial access denied for detected abuse patterns
Account Termination: Immediate termination of accounts created for trial abuse
No Refunds: No refunds provided for terminated accounts
Permanent Ban: Permanent ban from future trials and premium features
Legal Action: Potential legal action for fraudulent activity

Creating multiple accounts to bypass trial limitations constitutes fraud and violates these Terms.

7. Chargebacks & Payment Disputes

Chargeback Definition

A chargeback occurs when you dispute a charge directly with your bank or payment provider instead of contacting us first to resolve the issue.

Our Chargeback Policy

Immediate Suspension: Chargebacks result in immediate account suspension
Access Blocked: Premium access remains blocked until dispute resolution
Chargeback Fees: $15-25 chargeback fees added to your balance
Permanent Ban: Account permanently banned if chargeback is fraudulent
Fraud Reporting: We may report fraudulent chargebacks to payment processors

Proper Dispute Process

Contact Support First: Email pokexguides@outlook.com with your concern
Wait for Response: We respond to all support requests within 48 hours
Case-by-Case Review: Refunds considered on a case-by-case basis
Last Resort Only: Chargebacks should be used only as a last resort

Valid Exceptions

Unauthorized Transactions: Report immediately if you didn't authorize the charge
Service Not Delivered: If premium features are completely unavailable
Billing Errors: Double charges or incorrect amounts

Always contact us first! We're reasonable and want to resolve issues amicably.

8. Service Modifications

Our Rights

We reserve the right to:

Add, modify, or remove features at any time
Change pricing with 30 days notice for existing subscribers
Discontinue the service with 60 days notice
Modify these Terms with 30 days notice

Grandfathering Policy

Pricing Protection: Existing subscribers maintain current pricing for 12 months after price changes
Feature Changes: Feature removals announced 30 days in advance
Service Discontinuation: Full refunds for unused prepaid periods if service is discontinued

Your Options

Disagree with Changes: You may cancel before changes take effect
No Partial Refunds: No refunds for partial months if you cancel
Continued Use: Continued use constitutes acceptance of changes

We will notify you of significant changes via email and in-service announcements.

9. Force Majeure & Service Interruptions

Events Beyond Our Control

We are not liable for service disruptions caused by:

DDoS attacks or cyber attacks
Natural disasters (earthquakes, floods, fires)
Government actions or regulations
Internet or hosting provider failures
Pandemics or public health emergencies
War, terrorism, or civil unrest
Power outages or infrastructure failures

Service Credit Policy

Outages < 24 hours: No compensation provided
Outages 24-72 hours: Pro-rated credit for affected period
Outages > 72 hours: Full month refund for premium subscribers
Scheduled Maintenance: No credits for announced maintenance

Scheduled Maintenance

Advance Notice: Announced 24 hours in advance
Duration: Typically less than 4 hours
Timing: Scheduled during low-traffic periods when possible
No Refunds: Scheduled maintenance does not qualify for refunds

10. Account Inactivity & Deletion

Inactivity Definition

An account is considered inactive after 180 consecutive days without login activity.

Inactive Account Policy

Free Accounts: Deleted after 12 months of inactivity
Premium Accounts: Never deleted while subscription remains active
Email Warning: Warning email sent 30 days before deletion
Data Permanence: Data is permanently deleted and cannot be recovered

Reactivation & Recovery

Prevention: Log in before deletion date to prevent removal
Support Contact: Contact support if accidentally deleted
No Guarantee: No guarantee of data recovery after deletion
Timeframe: Recovery attempts must be made within 7 days of deletion

11. Acceptable Use Policy

Permitted Uses

You may use our Service to:

Access and use the Service for personal, non-commercial purposes
Share links to our content with proper attribution
Use our guides and information for educational purposes
Reference our original content with appropriate credits
Print content for personal use
Create an account and subscribe to premium features

Prohibited Activities

You may not use the Service for:

Creating multiple accounts to abuse trials
Sharing account credentials with others
Using automation/bots to scrape data
Attempting to hack or exploit vulnerabilities
Uploading malicious content or code
Harassing other users or staff
Commercial use without written permission
Reselling access to the service
Reverse engineering our platform
Impersonating staff or other users

Consequences of Violations

First Offense

Warning and temporary restrictions

Repeat Offense

Temporary suspension (3-30 days)

Serious Violation

Permanent ban and legal action

12. Intellectual Property Rights

Pokémon Content

Pokémon Names, Characters, Images: Owned by The Pokémon Company International, Nintendo, Game Freak, and Creatures Inc.
Game Data: Sourced from official games and pokexgames.com
Fan Art Usage: We do not claim ownership of any Pokémon characters or official artwork
Fair Use: Our use of Pokémon-related content is for informational, educational, and commentary purposes

Our Original Content

The following content created by PokeXGuides is our intellectual property:

Original guides and tutorials
Analysis and commentary
Website design and layout
Original translations
Database organization and presentation
Custom tools and calculators
Premium features and functionality

License: Our original content is licensed under Creative Commons Attribution 4.0 International License, except where otherwise noted.

Your Content

Ownership: You retain ownership of your game progress data and profiles
License to Us: We have a license to store, process, and display your data
Export Rights: You can export your data at any time
Deletion Rights: You can delete your data by deleting your account

13. Copyright Policy (DMCA)

DMCA Compliance

We respect intellectual property rights and respond to copyright infringement notices under the Digital Millennium Copyright Act (DMCA).

Contact for DMCA Notices: pokexguides@outlook.com

Required DMCA Information

Physical or electronic signature of copyright owner or authorized agent
Identification of the copyrighted work claimed to be infringed
Identification of the infringing material and its location on our service
Your contact information (address, phone number, email)
Statement that you have a good faith belief the use is not authorized
Statement that the information in the notice is accurate

Counter-Notice Process

Response Time: We respond to DMCA notices within 48 hours
Content Removal: Infringing content is removed pending investigation
Counter-Notice: You may file a counter-notice if you believe content was removed in error
Reinstatement: Content may be reinstated after 10-14 business days if no legal action is taken

14. Privacy Policy

Your privacy is important to us. Our Privacy Policy explains how we collect, use, and protect your personal information.

By using our Service, you agree to our Privacy Policy: View Privacy Policy

15. Disclaimers & Warranties

Service Availability

• No guarantee of continuous access
• Service may be suspended without notice
• Not responsible for data loss
• Maintenance may cause downtime
• Premium features may be modified or discontinued

Accuracy of Information

• Information provided "as is"
• No guarantees of completeness
• Game data may change
• Verify with official sources

External Links & Advertisements

• No control over third-party content
• Ads provided by Google AdSense (free users only)
• No endorsement of advertised products
• Auto-generated ad content

No Official Affiliation

• Unofficial information only
• Not authorized representatives
• Opinions are our own
• Consult official sources

AS IS Disclaimer

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

16. Limitation of Liability

To the fullest extent permitted by applicable law:

PokeXGuides and its affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages including loss of profits, data, or goodwill.

Specific Exclusions

Loss of game progress or saved data
Cost of substitute services
Unauthorized access to or alteration of your data
Statements or conduct of any third party on the service
Any other matter relating to the service

Maximum Liability: $100 USD or the amount paid by you in the last 12 months, whichever is greater.

Exceptions

This limitation does not apply to cases of gross negligence, willful misconduct, personal injury, death, fraud, or violations that cannot be excluded by law.

17. Indemnification

You agree to indemnify, defend, and hold harmless PokeXGuides and its affiliates from any claims, liabilities, damages, losses, and expenses arising from:

Your violation of these Terms of Service
Your use or misuse of the Service
Your violation of any third-party rights
Your violation of any applicable laws
Any content you submit or transmit through the Service

This includes reasonable attorneys' fees and costs incurred by us in defending against such claims.

18. Dispute Resolution

Governing Law & Jurisdiction

Governing Law: These Terms are governed by the laws of Mexico
Jurisdiction: Exclusive jurisdiction in the courts of Mexico
Venue: You agree to personal jurisdiction in Mexico
Time Limit: Any claim must be filed within one year of the cause of action

Informal Resolution First

Before filing any legal action, you agree to attempt to resolve disputes informally by contacting us at pokexguides@outlook.com.

We will respond within 30 days
Both parties will negotiate in good faith
Mediation may be suggested for complex disputes

Small Claims Court

Option Available: Either party may file in small claims court
Amount Limit: Disputes under $10,000 USD
Location: Small claims court in Mexico
Attorney Fees: Prevailing party may recover attorney fees

No Class Actions

You may only resolve disputes with us on an individual basis and may not bring a claim as a plaintiff or class member in a class, consolidated, or representative action.

19. Termination

By You

You may terminate these Terms by deleting your account
No refunds for partial billing periods
Access continues until end of paid period
Data deleted within 30 days of account deletion

By Us

We may terminate or suspend access immediately for violations
We may discontinue the Service with 60 days notice
We reserve the right to refuse service to anyone
Termination for cause may include permanent ban

Survival

The following sections survive termination: Intellectual Property, Disclaimer of Warranties, Limitation of Liability, Indemnification, and Dispute Resolution.

20. Miscellaneous

Severability

If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

Entire Agreement

These Terms constitute the entire agreement between you and PokeXGuides regarding our Service and supersede any prior agreements.

Assignment

You may not assign or transfer these Terms. We may assign our rights to any affiliate or successor.

Notices

We may provide notices via email, in-service notifications, or by posting on our website.

21. Contact Information

If you have any questions about these Terms of Service, please contact us:

Email: pokexguides@outlook.com

Contact Form: Available on our website

Response Time: Within 7 business days for legal inquiries

Legal Notices: Must be sent via email with "LEGAL NOTICE" in subject line

22. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by:

Posting the updated Terms on this page
Sending email notifications to registered users
Displaying in-service notifications for 30 days
Updating the "Effective Date" at the top of these Terms

Continued use of the Service after changes constitutes acceptance of the modified Terms.