These Terms of Use (the "Terms") are an agreement between you and Commonly Works("Commonly Works", "we", "us"). They govern your use of Poch, our desktop application for Windows 10 and 11 (the "Software"), and of this website (the "Website"). Together these are the "Service". Please read them with our Privacy Policy.
Acceptance of these Terms
By downloading, installing or using the Service, or by clicking a download button on the Website, you confirm that you have read, understood and agreed to these Terms. If you do not agree, do not download, install or use the Service. If you use the Software on behalf of an organization, you confirm that you have authority to bind it, and "you" includes that organization.
Eligibility
You must be at least 13 years old, or older where the age of digital consent in your country is higher, to use the Service. If you are under the age of majority where you live, you may use the Service only with the permission and supervision of a parent or legal guardian, who is responsible for your compliance with these Terms.
What Poch is
Poch is a desktop utility that docks at the top edge of the screen. It shows the currently playing media and a clock, and offers a water reminder, a to-do list, a temporary file shelf ("Ledge") and a small notepad ("Scrap"). It integrates with Windows features such as media transport controls, global hotkeys, drag and drop, and the clipboard. Features may change, and we may add, modify or remove features at any time.
Software license
The Software is released as open-source software under the MIT License. The full license text and source code are available in the project repository. Your rights to use, copy, modify, merge, publish, distribute, sublicense and sell copies of the Software are governed by that license, and nothing in these Terms limits the rights it grants you.
These Terms apply in addition to the MIT License to the extent they do not conflict with it. They govern, in particular, your use of the Website, the installers we distribute, the Poch name and logo, and the disclaimers and limits of liability below. If these Terms and the MIT License conflict regarding your rights in the Software's source code, the MIT License prevails.
Your data and your responsibility
Poch stores your to-do items, water log, shelf entries and notes in plain-text files on your own device. We do not receive, host or back up this data. You are solely responsible for the content you enter, for backing it up, and for protecting the device and Windows account on which it is stored. Because the files are not encrypted by Poch, do not store passwords, payment details or other highly sensitive secrets in the notepad or to-do list.
The file shelf stores references to files, not copies. Moving a file out of the shelf copies it by default, or moves it if you hold Shift, and the result depends on the destination you choose. You are responsible for any files you move, overwrite or delete.
Acceptable use
You agree not to:
- use the Service in violation of any applicable law or regulation, including intellectual property, privacy, export control and sanctions laws;
- use the Service to infringe, misappropriate or violate the rights of others, or to handle content you have no right to use;
- distribute modified builds of the Software under the Poch name or logo in a way that suggests they are official or endorsed by us, or that hides malware, spyware or other harmful code;
- attack, overload, probe or attempt unauthorized access to the Website, our infrastructure or the distribution channels we use;
- scrape or harvest the Website at a rate or in a manner that harms its availability; or
- remove or alter copyright, license or attribution notices where the MIT License requires them to remain.
Third-party services, content and trademarks
Poch displays information supplied by other applications through Windows (such as track title, artist and artwork from Spotify, a web browser or another media player). To find artwork when an application does not provide it, Poch may query the Apple iTunes Search API, as described in our Privacy Policy. This content belongs to its respective owners. We do not own it, do not control it, and do not guarantee that it is accurate, complete or available. Your use of those services remains subject to their own terms.
Windows, Microsoft, Adobe, Spotify, Apple, iTunes, GitHub, Google and other names mentioned in the Service are trademarks of their respective owners. They are used only to describe compatibility. Poch is an independent product and is not affiliated with, sponsored by or endorsed by any of them.
Intellectual property and feedback
Subject to the MIT License for the Software's code, Commonly Works and its licensors own all rights in the Poch name, logo, artwork, design, text and other Website materials. No right to use them is granted except as needed to use the Service as intended, or as permitted by law. If you send us ideas, suggestions or bug reports, you grant us a worldwide, royalty-free, perpetual right to use them without obligation to you. This does not apply to personal data, which is covered by the Privacy Policy.
Open-source components
The Software includes or links to third-party open-source libraries, which are licensed under their own terms. Those terms apply to those components and do not impose additional obligations on you beyond those the licenses specify.
Updates, availability and support
We may release updates, fixes or new versions, and we may stop supporting older versions. The Software is free of charge and provided without any service-level commitment. We do not promise uninterrupted availability of the Website or of the download channels, and we have no obligation to provide support, maintenance or updates unless a separate written agreement says otherwise. The installer is distributed through GitHub Releases, which is operated by a third party.
Disclaimer of warranties
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, AND UNINTERRUPTED OR ERROR-FREE OPERATION, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
We do not warrant that the Software is free of bugs, that it will work with every application, display, Windows version or configuration, that reminders will always fire on time, or that data you store in it will never be lost or corrupted. Poch is not intended for safety-critical, medical or emergency use, and the water reminder is not medical advice.
Limitation of liability
To the fullest extent permitted by applicable law, Commonly Works and its owners, contributors and affiliates will not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for loss of data, profits, revenue, goodwill or business, arising out of or related to the Service, even if advised of the possibility of such damages.
Where liability cannot be excluded, our total aggregate liability for all claims relating to the Service is limited to the greater of (a) the amount you paid us for the Service in the twelve months before the claim, which for the free Software is zero, and (b) USD 50.
Nothing in these Terms excludes or limits liability that cannot be excluded or limited by law, including liability for fraud, willful misconduct or gross negligence, or any mandatory rights you have as a consumer under the laws where you live, including Indonesian consumer protection law.
Indemnification
To the extent permitted by law, you agree to indemnify and hold harmless Commonly Works from third-party claims, losses and reasonable costs arising from your unlawful use of the Service or your breach of these Terms. This section does not apply to consumers where such an obligation would be unenforceable under mandatory law.
Suspension and termination
You may stop using the Service at any time by uninstalling the Software through Windows Settings. You may also delete the %APPDATA%\poch folder to remove locally stored data. We may restrict access to the Website or distribution channels at any time, especially if you breach these Terms or if required by law. Sections that by their nature should survive termination will survive, including the disclaimers, limitation of liability, intellectual property and governing law sections. Termination does not affect the rights the MIT License already granted for copies of the Software you received.
Governing law and disputes
These Terms are governed by the laws of the Republic of Indonesia, including Law No. 11 of 2008 on Electronic Information and Transactions (as amended) and Government Regulation No. 71 of 2019 on the Implementation of Electronic Systems and Transactions, without regard to conflict-of-law rules. Before starting formal proceedings, the parties will first try in good faith to resolve any dispute through discussion for at least 30 days after written notice. Any dispute not resolved will be submitted to the competent District Court in Bekasi, Indonesia, unless mandatory law gives you the right to bring a claim in the courts of your place of residence. Mandatory consumer protections in your country are not affected.
Changes to these Terms
We may update these Terms from time to time, for example to reflect new features or legal requirements. We will post the updated version on this page and change the "Last updated" date. For material changes we will make reasonable efforts to provide additional notice, for example on the Website or in the release notes. Your continued use of the Service after changes take effect means you accept them. If you do not agree, stop using the Service.
General provisions
- Entire agreement. These Terms, the MIT License and the Privacy Policy are the entire agreement between you and us about the Service.
- Severability. If a provision is held unenforceable, the remaining provisions stay in effect, and the provision will be applied to the extent permitted.
- No waiver. Our failure to enforce a right is not a waiver of it.
- Assignment. You may not assign these Terms without our consent. We may assign them in connection with a reorganization, merger or transfer of the project.
- Export and sanctions. You may not use or re-export the Software in violation of applicable export control or sanctions laws.
- Language. These Terms are written in English. If we publish a translation, including an Indonesian version, the translation is provided for convenience and the Indonesian version will prevail for users in Indonesia to the extent required by law.
- Electronic notices. You agree that we may give you notices by posting them on the Website or by email where you have contacted us.
Contact
Commonly Works
Email: one@riotrevenger.xyz