Last Updated: June 8, 2021
Welcome to Ponder. Please carefully read on to learn the rules and restrictions that govern your use of our website(s), products, services and applications (“Ponder”).
These Terms of Service (the “Terms,” “Agreement”) are a binding contract between you and Ponder. (“Ponder,” “we” and “us”). By accessing or using Ponder you agree to be bound by these Terms. Your access to and use of Ponder are conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Services.
Ponder reserves the right, at its sole discretion, to modify these Terms at any time and without prior notice. If we modify these Terms, we will either post a notification of the modification on our website or otherwise provide you with notice of the change. The date of the last modification will also be posted at the beginning of these Terms. It is your responsibility to check from time to time for updates. By continuing to access or use Ponder, you accept and agree to be bound by any modified Terms.
Our Privacy Policy discusses how we collect, process, and safeguard your personal information through use of our Application. Please read the Privacy Policy carefully prior to using our Application.
If you use Ponder on behalf of a company, partnership, association, or other entity, you hereby represent and warrant that you have the capacity to enter into these Terms on behalf of the entity, or that an authorized representative of the entity has agreed to bind the entity to these Terms.
If you are younger than 13, you may not download or use Ponder Services or access or provide any content. If you are age 13 or older but under the age of 18, you may use Ponder Services only under the supervision of a parent or legal guardian who agrees to be bound by this Policy. If you are a parent or legal guardian agreeing to the Terms for the benefit of a child who is 13 or older but under the age of 18, you are fully responsible for your child’s use of the Services.
Ponder hereby grants you permission to use the application provided such use is in compliance with these Terms.
You further specifically agree that your use will adhere to the following restrictions and obligations where you agree not to use Ponder:
Additionally, you may be required to sign up for an account and select a password and username (User ID). You may not select as your User ID the name of a person or entity you don’t have the right to use, or another person or entity's name with the intent to impersonate that person or entity. Only you may use your account and you may not transfer your account to anyone else.
We may, at our sole discretion, permit you to post, upload, publish, submit, or transmit content including but not limited to journal entries (“User Content”). You acknowledge and agree that you are solely responsible for all User Content. Accordingly, you represent and warrant that you have all rights, licenses, consents and releases that are necessary to generate and upload such content.
Ponder has the right to:
Upon receipt of your request to delete your account, and except as set forth below, we may remove your account and associated information within a reasonable time period. Please note that any information you have submitted to publicly accessible areas may not be removeable.
YOU HEREBY ACKNOWLEDGE THAT YOU ARE USING PONDER AT YOUR OWN RISK. THE SERVICES AND CONTENT ARE PROVIDED "AS IS," AND THE PONDER SERVICES, ITS AFFILIATES, AND ITS THIRD PARTY SERVICE PROVIDERS HEREBY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF ACCURACY, RELIABILITY, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, AND ANY OTHER WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, EXPRESS OR IMPLIED, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM. PONDER, ITS AFFILIATES, AND ITS THIRD PARTY SERVICE PROVIDERS DO NOT REPRESENT OR WARRANT THAT ACCESS TO THE SERVICES WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, ERRORS OR OMISSIONS OR LOSS OF TRANSMITTED INFORMATION, OR THAT NO VIRUSES OR OTHER MALWARE WILL BE TRANSMITTED THROUGH THE SERVICES.
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COLLECTIVE LIABILITY OF THE COMPANY AND ITS SUBSIDIARIES AND AFFILIATES, AND THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED $20 OR THE AMOUNT YOU HAVE PAID TO THE COMPANY FOR THE APPLICABLE CONTENT, PRODUCT, OR SERVICE OUT OF WHICH LIABILITY AROSE.
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by Ponder by posting to the website.
No waiver by Ponder of any term or condition set out in these Terms of Service shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Ponder to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision.
You may not assign or transfer these Terms, by operation of law or otherwise, without Ponder’s prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null and of no effect. Ponder may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns. These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties.
If any provision of this Agreement is held illegal or unenforceable in a judicial proceeding, such provision shall be severed and shall be inoperative, and the remainder of these Terms shall remain operative and binding on the user. Furthermore, Ponder 's failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Ponder in writing.
These Terms constitute the entire agreement between you and Ponder regarding your use of the Ponder Services and supersede all prior written or oral agreements.
If you have any questions about Ponder, please do not hesitate to contact us at help@getponder.app.