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Terms of Service

Effective Date: January 8, 2025

Welcome to Ponder! These Terms of Service ("Terms") govern your use of the Ponder service, website, and applications (collectively, the "Service") operated by Ponder ("we", "us", or "our").

By accessing or using our Service, you agree to be bound by these Terms. If you disagree with any part of these terms, then you may not access the Service.

1. Acceptance of Terms

By creating an account or using our Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you are using our Service on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

2. Description of Service

Ponder provides an intelligent tools platform that combines AI agents with interactive artifacts to help users transform conversations into actionable tools. Our Service includes:

  • Access to AI-powered agents with various specializations
  • Creation and management of interactive artifacts
  • Real-time collaboration features
  • Cross-device synchronization
  • Data storage and export capabilities

3. User Accounts

Account Creation

To use certain features of our Service, you must create an account. You agree to:

  • Provide accurate, current, and complete information
  • Maintain and promptly update your account information
  • Maintain the security of your password and accept all risks of unauthorized access
  • Notify us immediately if you discover or suspect any security breach

Account Responsibility

You are responsible for all activities that occur under your account. You may not:

  • Share your account credentials with others
  • Create multiple accounts for abusive purposes
  • Use another person's account without permission
  • Sell or transfer your account to another party

Age Requirements

You must be at least 13 years old to use our Service. If you are under 18, you must have parental or guardian consent to use the Service.

4. Acceptable Use

You agree not to use our Service to:

Prohibited Content

  • Create, upload, or share content that is illegal, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or invasive of privacy
  • Impersonate any person or entity or falsely state or misrepresent your affiliation
  • Upload content that infringes any patent, trademark, copyright, or other proprietary rights
  • Distribute spam, chain letters, or unsolicited promotional materials
  • Create content that promotes violence, discrimination, or illegal activities

Prohibited Actions

  • Interfere with or disrupt the Service or servers connected to the Service
  • Attempt to gain unauthorized access to any portion of the Service
  • Use automated systems or software to extract data from the Service
  • Circumvent any content filtering or security measures
  • Use the Service for any illegal purpose or in violation of any laws
  • Reverse engineer, decompile, or disassemble any aspect of the Service
  • Create derivative works based on the Service without permission

5. Content and Intellectual Property

Your Content

You retain ownership of all content you create using our Service ("Your Content"). By using the Service, you grant us a worldwide, non-exclusive, royalty-free license to:

  • Store, display, and distribute Your Content as necessary to provide the Service
  • Make backups to prevent data loss
  • Improve our Service through aggregated, anonymized analysis

This license continues only for as long as Your Content remains on our Service.

Our Content

The Service and its original content (excluding Your Content), features, and functionality are owned by Ponder and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.

Feedback

If you provide us with feedback, suggestions, or ideas, you grant us the right to use them without restriction or compensation to you.

6. Privacy and Data Protection

Your use of our Service is also governed by our Privacy Policy. By using the Service, you consent to our collection and use of your information as described in the Privacy Policy.

We implement reasonable security measures to protect your data, but no system is completely secure. You acknowledge that you provide information at your own risk.

7. Third-Party Services

Our Service may contain links to third-party websites or services that are not owned or controlled by us. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party services.

8. Payment Terms

Subscription Plans

If you purchase a subscription:

  • Fees are stated in US dollars and are subject to change with notice
  • Subscriptions automatically renew unless cancelled before the renewal date
  • No refunds are provided for partial subscription periods
  • You are responsible for all taxes associated with your purchase

Billing

By providing payment information, you authorize us to charge the payment method on file. You agree to promptly update your payment information if it changes.

9. Service Modifications and Availability

We reserve the right to:

  • Modify or discontinue any aspect of the Service at any time
  • Change pricing with 30 days' notice for subscriptions
  • Impose limits on certain features or restrict access to parts of the Service
  • Suspend or terminate accounts that violate these Terms

We strive for 99.9% uptime but do not guarantee uninterrupted access to the Service.

10. Termination

By You

You may terminate your account at any time through your account settings. Upon termination, your right to use the Service will immediately cease.

By Us

We may terminate or suspend your account immediately, without prior notice, if:

  • You breach these Terms
  • We are required to do so by law
  • We discontinue the Service
  • Your conduct may damage our reputation or expose us to liability

Effect of Termination

Upon termination:

  • Your access to the Service will be disabled
  • Your data may be deleted after 30 days
  • Provisions of these Terms that should survive will remain in effect

11. Disclaimers

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

WE DO NOT WARRANT THAT:

  • The Service will meet your requirements
  • The Service will be uninterrupted, secure, or error-free
  • The results obtained from the Service will be accurate or reliable
  • Any errors in the Service will be corrected

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, PONDER SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES.

IN NO EVENT SHALL OUR AGGREGATE LIABILITY EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU PAID US IN THE PAST TWELVE MONTHS.

13. Indemnification

You agree to indemnify, defend, and hold harmless Ponder and its officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses, including reasonable attorney's fees, arising out of:

  • Your use of the Service
  • Your violation of these Terms
  • Your violation of any rights of another party
  • Your Content

14. Governing Law and Disputes

Governing Law

These Terms shall be governed by the laws of the State of California, United States, without regard to its conflict of law provisions.

Arbitration

Any dispute arising from these Terms shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall be conducted in San Francisco, California.

Class Action Waiver

You agree to resolve disputes with us on an individual basis and waive your right to participate in a class action lawsuit or class-wide arbitration.

15. General Provisions

Entire Agreement

These Terms constitute the entire agreement between you and Ponder regarding the Service and supersede all prior agreements.

Severability

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

Waiver

Our failure to enforce any provision of these Terms shall not be considered a waiver of our right to enforce such provision.

Assignment

You may not assign or transfer these Terms without our prior written consent. We may assign our rights under these Terms without restriction.

Notices

We may provide notices to you via email or through the Service. You agree that electronic notices satisfy any legal requirement for written communication.

16. 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 our website
  • Sending an email to registered users
  • Displaying a notice within the Service

Your continued use of the Service after changes constitutes acceptance of the modified Terms.

17. Contact Information

If you have questions about these Terms, please contact us at:

Email: hello@ponder.do
Address: Ponder, San Francisco, CA
Website: https://ponder.do

18. Additional Terms for Beta Users

If you are participating in our beta program:

  • You acknowledge that the Service is in development and may contain bugs
  • Features may change or be removed without notice
  • We may reset or delete data during the beta period
  • You agree to provide feedback about your experience
  • Beta access may be revoked at any time

Thank you for using Ponder!