PONDR TERMS OF USE AND SERVICE

Welcome to Pondr!

These Terms of Use (or “Terms”) govern your use of Pondr (through Brewhackers Technologies Private Limited collectively ‘Pondr’, ‘we’ and ‘us’), except where we expressly state that separate terms (and not these) apply, and provide information about the Pondr Service (the “Service”), outlined below. When you create a Pondr account or use Pondr, you explicitly agree to these terms of use as well as all other applicable terms and policies. You can also give your consent to these terms by clicking on registration options (e.g., “Continue,” “Sign-in,” or “Sign-up,”) or by using our Services.

We agree to provide you with the Pondr Service. The Service includes all of the Pondr product, features, application, services, technologies, and software that we provide to advance Pondr's mission: To create a better version of you. The Service is made up of the following aspects:

Ensuring access to our Service: To operate our global Service, we must store and transfer data across our systems around the world, including outside of your country of residence. The use of this global infrastructure is necessary and essential to provide our Service.

Offering personalized opportunities to create, consume, discover, and share bite-sized shorticles: People are different. We want to strengthen your relationships through shared experiences you actually care about. So, we build systems that try to understand who and what you and others care about, and use that information to help you create, find, join, and share in experiences that matter to you. Part of that is highlighting content, features, and accounts you might be interested in, and offering ways for you to experience Pondr, based on things you and others do on and off Pondr.

Fostering a positive, inclusive, and safe environment: We develop and use tools and offer resources to our community members that help to make their experiences positive and inclusive, including when we think they might need help. We also have teams and systems that work to combat abuse and violations of our Terms and policies, as well as harmful and deceptive behavior. We use all the information we have-including your information-to try to keep our platform secure. Learn more about this in our Privacy Policy

Research and innovation: We use the information we have to study our Service and collaborate with others on research to make our Service better and contribute to the well-being of our community.


TERMS OF USAGE:

In return for our commitment to provide the Service, we require you to make the below commitments to us.

Who can use Pondr?

We want our Service to be as open and inclusive as possible, but we also want it to be safe, secure, and in accordance with the law. So, we need you to commit to a few restrictions in order to be part of the Pondr community.

  1. You must be at least 13 years old or the minimum legal age in your country to use Pondr.
  2. You must not be prohibited from receiving any aspect of our Service under applicable laws or engaging in payments related Services if you are on an applicable denied party listing.
  3. We must not have previously disabled your account for violation of law or any of our policies.

Acceptable Usage of Pondr: Providing a safe and open Service for a broad community requires that we all do our part. In order to maintain the highest level of security, the following activities are considered to be misuse of Pondr and are completely prohibited:

  1. You can't impersonate others or provide inaccurate information: You don't have to disclose your identity on Pondr, but you must provide us with accurate and up to date information (including registration information), which may include providing personal data. Also, you may not impersonate someone or something you aren't, and you can't create an account for someone else unless you have their express permission.
  2. You can't do anything unlawful, misleading, or fraudulent or for an illegal or unauthorized purpose (including hacking): You’re responsible for your use of the Service and any content you provide, including compliance with applicable laws. Content on the Services may be protected by others’ intellectual property rights. Please don’t copy, upload, download, or share content unless you have the right to do so. In case of any fraudulent or illegal activity, we are authorized to take necessary action against the user.
  3. You cannot post any scandalous and objectionable content: Pondr users must maintain the sanctity of the community. Any objectionable content will be deleted immediately without prior notice. Pondr may review your conduct and content for compliance with these Terms, and reserves the right to remove any violating content. All users have the right and ability to report objectionable and offensive content by reporting the abusive user. To foster a safe and healthy community, we will be manually working on all objectionable content reports and if they don’t meet our guidelines, we will be removing the content within 24 hours and ejecting the user providing objectionable content.

    Objectionable Content: Any content that users would find to be offensive, upsetting, or inappropriate amounts to objectionable content.

    We welcome thoughtful and civil discussion from a broad spectrum of viewpoints. Nevertheless, to maintain a safe and welcoming environment for a wide range of people to engage through meaningful shorticles, we prohibit certain conduct.

    • Threats of violence and incitement: We do not allow content or actions that threaten, encourage, or incite violence against anyone, directly or indirectly. Pondr is not a place to support or praise terrorism, organized crime, or hate groups. Offering sexual services, buying or selling firearms, alcohol, and tobacco products between private individuals, and buying or selling illegal or prescription drugs (even if legal in your region) are also not allowed. Pondr also prohibits the sale of live animals between private individuals, though brick-and-mortar stores may offer these sales. No one may coordinate poaching or selling of endangered species or their parts. We have zero tolerance when it comes to sharing sexual content involving minors or threatening to post intimate images of others.
    • Nudity and Sexually explicit Content: We don’t allow nudity on Pondr. This includes pictures and some digitally-created content that show sexual intercourse, genitals, and close-ups of fully-nude buttocks. It also includes some pictures of female/male nipples, but photos of post-mastectomy scarring are allowed. Nudity in pictures of paintings and sculptures are allowed.
    • Exploitation of minors: We do not allow content promoting the sexual or violent exploitation of minors, including the sexualization of fictional minors.
    • Hate speech: We do not allow content that promotes violence or hatred against people based on characteristics like race, ethnicity, national origin, religion, disability, disease, age, sexual orientation, gender, or gender identity. We do not allow posts or accounts that glorify, celebrate, downplay, or trivialize violence, suffering, abuse, or deaths of individuals or groups. This includes the use of scientific or pseudoscientific claims to pathologize, dehumanize, or disempower others. We do not allow calls for intolerance, exclusion, or segregation based on protected characteristics, nor do we allow the glorification of groups which do any of the above. We do not allow hateful text, images, symbols, or other content in your username, profile, or bio. We remove content that contains credible threats or hate speech, content that targets private individuals to degrade or shame them, personal information meant to blackmail or harass someone, and repeated unwanted messages. We do generally allow stronger conversation around people who are featured in the news or have a large public audience due to their profession or chosen activities. When hate speech is being shared to challenge it or to raise awareness, we may allow it. In those instances, we ask that you express your intent clearly.
    • Harassment and Bullying: We don’t tolerate harassment, which includes: Bullying, threatening, or shaming someone, or posting things likely to encourage others to do so. It's prohibited to encourage violence or attack anyone based on their race, ethnicity, national origin, sex, gender, gender identity, sexual orientation, religious affiliation, disabilities, or diseases. Bullying and harassment is strictly prohibited.
    • Threats of Theft and Financial Harm: Serious threats of harm to public and personal safety aren't allowed. This includes specific threats of physical harm as well as threats of theft, vandalism, and other financial harm. We carefully review reports of threats and consider many things when determining whether a threat is credible.
    • Promotion and glorification of self-harm: We do not allow activities that encourage, promote or glorify acts of self-harm, such as cutting, eating disorders like anorexia or bulimia, and suicide. If you encounter users contemplating or threatening self-harm, please report it to us via the form or email address linked below.
    • Graphic Content and Images: We understand that many people use Pondr to share important and newsworthy events. Some of these issues can involve graphic images. Because so many different people and age groups use Pondr, we may remove pictures of intense, graphic violence to make sure Pondr stays appropriate for everyone.

    Restricted Categories: We do not allow posts or accounts that engage in the following restricted categories of activity:

    • Promotion of harmful conspiracies
    • Facilitation of gambling or betting
    • Facilitation of buying or selling social media interactions, including off-platform
    • Facilitation of illegal sexual services
  4. You must agree to the Terms and Conditions of the End User License Agreement (EULA) and must not perform any activity in violation of EULA: Pondr Users can’t modify, translate, create derivative works of, or reverse engineer the mobile application, its products or their components. The EULA agreement prevents the end user from abusing the app or misusing it in any way, and it ensures that you retain your existing rights over the asset.
  5. You can't use our domain name or URL in your username without our prior written consent.
  6. You can't post someone else’s private or confidential information without permission or do anything that violates someone else's rights, including intellectual property rights (e.g., copyright infringement, trademark infringement, counterfeit, or pirated goods): You may use someone else's works under exceptions or limitations to copyright and related rights under applicable law. You represent your own or have obtained all necessary rights to the content you post or share. Unless you’re authorized to use someone else’s copyrighted work or trademark (either expressly or by legal exceptions and limitations like fair use), don’t do it.
  7. You can’t sell, license, or purchase any account or data obtained from us or our Service: This includes attempts to buy, sell, or transfer any aspect of your account (including your username); solicit, collect, or use login credentials or badges of other users; or request or collect Pondr usernames, passwords, or misappropriate access tokens.
  8. You’re not allowed to copy, modify Pondr or any part of it, or our Trademarks in any way. You’re also not allowed to extract the source code of the app into other languages or make derivative versions: Pondr along with the relevant intellectual property rights (i.e., trademark, copyrights and database rights related to it) will always be owned by and be the property of Brewhackers Technologies Private Limited.
  9. You can't attempt to create accounts or access or collect information in unauthorized ways: This includes creating accounts or collecting information in an automated way without our express permission.
  10. You can't do anything to interfere with or impair the intended operation of the Service: This includes misusing any reporting, dispute, or appeals channel, such as by making fraudulent or groundless reports or appeals.
  11. You can't violate (or help or encourage others to violate) these Terms or our policies, including our Privacy & Data Policies.

PERMISSIONS: As part of our agreement, you also give us permissions that we need to provide the Service.

  1. We do not claim ownership of your content, but you grant us a license to use it. Nothing is changing about your rights in your content. We do not claim ownership of your content that you post on or through the Service and you are free to share your content with anyone else, wherever you want. However, we need certain legal permissions from you (known as a “license”) to provide the Service. When you share, post, or upload content that is covered by intellectual property rights (like photos) on or in connection with our Service, you hereby grant to us a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to host, use, distribute, modify, run, copy, publicly perform or display, translate, and create derivative works of your content (consistent with your privacy and application settings). This license will end when your content is deleted from our systems. You can delete content individually or all at once by deleting your account. To learn more about how we use information, and how to control or delete your content, review our Privacy and Data Policy.
  2. Permission to use your username, profile picture, and information about your relationships and actions with accounts, ads, and sponsored content: You give us permission to show your username, profile picture, and information about your actions (such as likes and comments) next to or in connection with accounts, ads, and other sponsored content, if any.
  3. You give us permission to download and install updates to the Service on your device.
  4. Email newsletter: When you sign up for the Pondr Platform, the service includes receipt of newsletters and personalized content that may be of interest to you. You may opt out of receiving this by following the instructions in those email communication. If you opt out, we may still send you administrative emails regarding your Pondr Account.

CONTENT REMOVAL AND DISABLING/TERMINATING THE ACCOUNT

We can remove any content or information you share on the Service if we believe that it violates these Terms of Use, our policies (including our Data Policy), or we are permitted or required to do so by law. We can refuse to provide or stop providing all or part of the Service to you immediately to protect our community or services, or if you create risk or legal exposure for us, violate these Terms of Use or our policies, if you repeatedly infringe other people's intellectual property rights, or where we are permitted or required to do so by law. We can also terminate or change the Service, remove or block content or information shared on our Service, or stop providing all or part of the Service if we determine that doing so is reasonably necessary to avoid or mitigate adverse legal or regulatory impacts on us. If you believe your account has been terminated in error, or you want to disable or permanently delete your account, contact us directly on [email protected].

When you request to delete content or your account, the deletion process will automatically begin no more than 30 days after your request. It may take up to 90 days to delete content after the deletion process begins. While the deletion process for such content is being undertaken, the content is no longer visible to other users, but remains subject to these Terms of Use and our Data Policy. After the content is deleted, it may take us up to another 90 days to remove it from backups and disaster recovery systems.


TERMS OF SERVICE:

Brewhackers Technologies Private Limited is committed to ensuring that Pondr is as useful and efficient as possible. For that reason, we reserve the right to make changes to the mobile application or to charge for the services, at any time and for any reason. We will never charge you for Pondr. Or it’s services without explicitly explaining what the user is paying for.

If you’re using the app outside of an area with Wi-Fi, you should remember that your terms of the agreement with your mobile network provider will still apply.

Pondr aims to give you great Services but there are some things we can’t guarantee. Your use of our Services is at your sole risk. You understand that our Services and any content posted or shared by users on the Services are provided “as is” and “as available” without warranties of any kind, either express or implied, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

In addition, Pondr doesn’t represent or warrant that our Services are accurate, complete, reliable, current or error-free. No advice or information obtained from Pondr or through the Services will create any warranty or representation not expressly made in this paragraph. Pondr may provide information about third-party products, services, activities or events, or we may allow third parties to make their content and information available on or through our Services (collectively, “Third-Party Content”). We do not control or endorse, and we make no representations or warranties regarding, any Third-Party Content. You access and use Third-Party Content at your own risk. Some locations don’t allow the disclaimers in this paragraph and so they might not apply to you.

Limitation of Liability: We don’t exclude or limit our liability to you where it would be illegal to do so; this includes any liability for the gross negligence, fraud or intentional misconduct of Pondr or the other Pondr Parties in providing the Services. In countries where the following types of exclusions aren’t allowed, we’re responsible to you only for losses and damages that are a reasonably foreseeable result of our failure to use reasonable care and skill or our breach of our contract with you. This paragraph doesn’t affect consumer rights that can’t be waived or limited by any contract or agreement. In countries where exclusions or limitations of liability are allowed, Pondr and its parties won’t be liable for:

(a) Any indirect, consequential, exemplary, incidental, punitive, or special damages, or any loss of use, data or profits, under any legal theory, even if Pondr or the other Pondr Parties have been advised of the possibility of such damages.

(b) Other than for the types of liability we can’t limit by law (as described in this section), we limit the total liability of Pondr for any claim arising out of or relating to these Terms or our Services.

Responsibility: Our Service is provided "as is," and we can't guarantee it will be safe and secure or will work perfectly all the time. TO THE EXTENT PERMITTED BY LAW, WE ALSO DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

We also don’t control what people and others do or say, and we aren’t responsible for their (or your) actions or conduct (whether online or offline) or content (including unlawful or objectionable content). We also aren’t responsible for services and features offered by other people or companies, even if you access them through our Service.

Our responsibility for anything that happens on the Service (also called "liability") is limited as much as the law will allow. If there is an issue with our Service, we can't know what all the possible impacts might be. You agree that we won't be responsible ("liable") for any lost profits, revenues, information, or data, or consequential, special, indirect, exemplary, punitive, or incidental damages arising out of or related to these Terms, even if we know they are possible. This includes when we delete your content, information, or account.

Termination: You’re free to stop using our Services at any time. We reserve the right to suspend or terminate your access to the Services with or without notice.

Severability: If any provision or part of a provision of these Terms is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.

AMENDMENTS/UPDATES/CHANGES:

We may change our Service and policies, and we may need to make changes to these Terms so that they accurately reflect our Service and policies. If we make changes, we’ll provide you with notice of them by sending an email to the email address associated with your account, offering an in-product notification, or updating the date at the top of these Terms. Unless otherwise required by law, we will notify you (for example, through our Service) before we make changes to these Terms and give you an opportunity to review them before they go into effect. Then, if you continue to use the Service, you will be bound by the updated Terms. These Terms of Usage are effective as of 04 Jan 2020.

CONTACT US: If you have any questions or suggestions about our Terms and Conditions, you can contact us at [email protected].