Effective Date: October 10, 2024

Welcome to Pond, operated by Pond Technologies Inc. ("Pond," "we," "us," or "our"). These Terms of Service ("Terms") govern your use of the website https://www.pond.co (the "Site") and any associated services provided by Pond Technologies Inc.

By accessing or using our Site and services, you agree to these Terms. If you do not agree with any part of these Terms, please discontinue use of our services.

1. Overview

Pond allows users to create accounts, upload photos and videos, buy products, transact, and sign up for a subscription. By using our services, you acknowledge that you have read, understood, and agreed to these Terms, as well as our Privacy Policy.

2. User Accounts

To access certain features of the Site, including the ability to upload content and make purchases, you must create an account. You are responsible for maintaining the confidentiality of your login credentials and for any activity that occurs under your account.

3. User Content

You may upload photos, videos, and other content ("User Content") to the Site. By uploading User Content, you represent and warrant that you have the necessary rights to share that content and that it does not violate any third-party rights.

Infringement Notices:

If you believe that any content on the Site infringes your intellectual property rights, please send a notice to dmca@pond.co in accordance with the Digital Millennium Copyright Act (DMCA).

4. Transactions and Subscriptions

Pond offers a platform for users to purchase and sell goods or services. All transactions conducted through the Site are subject to the applicable terms and conditions of the transaction, which may include shipping, pricing, and payment methods.

• Subscriptions: Users may sign up for a subscription plan to access additional features or services on the Site. By enrolling in a subscription, you authorize Pond to charge the designated payment method on a recurring basis until you cancel.

  
  

5. Intellectual Property

All content, trademarks, logos, and other intellectual property owned by Pond ("Pond Content") are and will remain the exclusive property of Pond Technologies Inc. You may not copy, modify, distribute, or use any Pond Content without express written permission.

6. User Feedback

If you provide any feedback, suggestions, or ideas to Pond, you agree that Pond may use this feedback for any purpose without compensation or attribution. You hereby assign all rights, title, and interest in any such feedback to Pond Technologies Inc.

7. Privacy and Data Security

Pond is committed to protecting your privacy and sensitive information. Please review our Privacy Policy for information on how we collect, use, and safeguard your personal data.

We make commercially reasonable efforts to protect the security of your data, but we cannot guarantee the absolute security of data transmitted through the Site. You agree to use the Site at your own risk and to implement necessary security measures on your end.

8. Prohibited Activities

Users of Pond must adhere to the following guidelines:

• Do not upload content that infringes any intellectual property rights, violates privacy rights, or breaches applicable laws.

• Do not engage in fraudulent, deceptive, or illegal activity.

• Do not attempt to interfere with or disrupt the Site’s functionality or security.

  
  

9. Limitation of Liability

To the maximum extent permitted by applicable law, Pond Technologies Inc. is not liable for any damages arising from your use of the Site, including but not limited to direct, indirect, incidental, consequential, or punitive damages.

Pond provides the Site on an "as-is" and "as-available" basis, without any warranties of any kind, either express or implied.

10. Dispute Resolution

Any disputes arising out of or relating to these Terms or the use of the Site will be resolved through binding arbitration in Aptos, California, under the rules of the American Arbitration Association.

11. Modifications to the Terms

Pond reserves the right to modify these Terms at any time. Continued use of the Site after changes to the Terms constitutes your acceptance of the updated Terms.

12. Contact Information

If you have any questions regarding these Terms or need further assistance, please contact us at contact@pond.co.

13. Governing Law

These Terms will be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of laws provisions.