Effective date: June 17th, 2021.
All users having your usual residence in the US, this EULA shall apply.
POMBO’s Terms of Service
These Terms of Service (“TOS”) hereby define the acceptable practices pertaining to the use of POMBO, its application, websites, systems, facilities, content, feature and services (collectively referred to as “Services”) by users who access POMBO’s application and websites. These Services must be used in a manner that is consistent with the intended purpose of the Services. By using the Services, you (“You”, “Customer”) consent to be bound by these TOS.
These TOS constitute a legal agreement between You, or any party on whose behalf you are entering into this Agreement, and POMBO and sets forth the rights and obligations with respect to any and all Content to be licensed by you.
Please read these TOS carefully. By accessing or using any of the Services available on POMBO, you agree to abide by and be bound by the terms described herein and by all terms, policies and guidelines incorporated by reference, as well as any additional terms and restrictions presented in relation to specific content or a specific product, service or feature.
This Site is offered and made available to users who are 13 years of age or older. If you are below 13, you may not use this Application or Site or its Services. By using this Application or Site, you represent and warrant that you are of legal age to form a binding contract and meet all of the foregoing eligibility requirements. If you do not meet these requirements, you must not access or use our Site.
POMBO will act as a Technology Provider between the Service Provider (Influencers, Teachers, Professionals) and the User. Only registered Users or Services Providers may offer and purchase Services on POMBO. In registering for an account, you agree to provide POMBO with accurate and updated information. You must also agree that you will not create an account in furtherance of any fraudulent purposes. You are solely responsible for any activity on your account and POMBO will not take any liability for it whatsoever.
Users can schedule meetings with Services Providers in advance.
A User may only cancel the Scheduled Meeting seventy two(72) hours in advance.
If a Service Provider cancels a Scheduled Meeting three times in a row, the User will be banned from the POMBO platform.
The tolerance time for waiting for any participant in the meeting is 5 minutes. At the end of this time, any participant can cancel the meeting. If the cancellation occurs due to the service provider's delay, the user will have their money refunded. If it is the fault of the user, the service provider will receive payment normally and the user will not be able to request a refund.
The User is solely responsible for ensuring a stable internet connection for all Scheduled Meetings. The POMBO will not be liable for any connectivity issues and any cancellation of Scheduled Meetings due to poor internet connection will solely be the responsibility of the User.
Users may not offer or accept payments between Services Providers using any method other than through POMBO.
Users and Service Provider undertake to comply with POMBO Community Guidelines, which are a set of behavior rules and guidelines applicable upon all who use POMBO’s platform.
Any User of the POMBO platform may post videos to the platform.
Any User may Schedule Meetings with Services Providers.
Services Providers are allowed to offer Services in the form of Scheduled Meetings to Users of POMBO’s platform.
Once payment is confirmed, a Meeting is scheduled between the User and the Services Providers.
The User must ensure their internet connection is stable prior to the commencement of the meeting – a failure to do so will not incur any liability upon POMBO.
If you come across any content on POMBO’s platform that may violate our Terms of Service and/or Community guidelines, you may report this contact by contact us at: firstname.lastname@example.org.
INTELLECTUAL PROPERTY CLAIMS
POMBO will respond to clear and complete notices of alleged copyright or trademark infringement, and/or violation of third party’s terms of service.
USER GENERATED CONTENT
The content posted on POMBO is User Generated Content and is content added by Users and Services Providers, as opposed to content created by POMBO. All content uploaded to our platform by our Users or Services Provider is User Generated Content. We do not check uploaded/created content for appropriateness, violations of copyright, trademarks, other rights or violations and the User or Services Providers uploading/creating such content shall be solely responsible for it and the consequences of using, disclosing, storing, or transmitting it.
By uploading to, or creating content on our platform, you represent and warrant that you own or have obtained all rights, licenses, consents, permissions, power and/or authority, necessary to use and/or upload such content and that such content or the use thereof in the Site does not and shall not:
a. Infringe or violate any intellectual property, proprietary or privacy, data protection or publicity rights of any third party
b. Violate any applicable local, state, federal and international laws, regulations, and conventions; and/or
c. Violate any third party’s policies and/or terms of service.
YOUR ACCESS TO AND USE OF OUR SERVICES
Your access to and use of the Services is subject to these Terms and all applicable laws and regulations. You may not: access or use the Services if you are not fully able and legally competent to agree to these Terms or are authorized to use the Services by your parent or legal guardian; make unauthorised copies, modify, adapt, translate, reverse engineer, disassemble, decompile or create any derivative works of the Services or any content included therein, including any files, tables or documentation (or any portion thereof) or determine or attempt to determine any source code, algorithms, methods or techniques embodied by the Services or any derivative works thereof; distribute, license, transfer, or sell, in whole or in part, any of the Services or any derivative works thereof market, rent or lease the Services for a fee or charge, or use the Services to advertise or perform any commercial solicitation; use the Services, without our express written consent, for any commercial or unauthorized purpose, including communicating or facilitating any commercial advertisement or solicitation or spamming; interfere with or attempt to interfere with the proper working of the Services, disrupt our website or any networks connected to the Services, or bypass any measures we may use to prevent or restrict access to the Services; incorporate the Services or any portion thereof into any other program or product. In such case, we reserve the right to refuse service, terminate accounts or limit access to the Services in our sole discretion; use automated scripts to collect information from or otherwise interact with the Services; impersonate any person or entity, or falsely state or otherwise misrepresent you or your affiliation with any person or entity, including giving the impression that any content you upload, post, transmit, distribute or otherwise make available emanates from the Services; intimidate or harass another, or promote sexually explicit material, violence or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; use or attempt to use another’s account, service or system without authorisation from POMBO, or create a false identity on the Services; use the Services in a manner that may create a conflict of interest or undermine the purposes of the Services, such as trading reviews with other users or writing or soliciting fake reviews; use the Services to upload, transmit, distribute, store or otherwise make available in any way: files that contain viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful; any unsolicited or unauthorised advertising, solicitations, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other prohibited form of solicitation; any private information of any third party, including addresses, phone numbers, email addresses, number and feature in the personal identity document (e.g., National Insurance numbers, passport numbers) or credit card numbers; any material which does or may infringe any copyright, trademark or other intellectual property or privacy rights of any other person; any material which is defamatory of any person, obscene, offensive, pornographic, hateful or inflammatory; any material that would constitute, encourage or provide instructions for a criminal offence, dangerous activities or self-harm; any material that is deliberately designed to provoke or antagonise people, especially trolling and bullying, or is intended to harass, harm, hurt, scare, distress, embarrass or upset people; any material that contains a threat of any kind, including threats of physical violence; any material that is racist or discriminatory, including discrimination on the basis of someone’s race, religion, age, gender, disability or sexuality; any answers, responses, comments, opinions, analysis or recommendations that you are not properly licensed or otherwise qualified to provide; or material that, in the sole judgment of POMBO, is objectionable or which restricts or inhibits any other person from using the Services, or which may expose POMBO, the Services or its users to any harm or liability of any type. In addition to the above, your access to and use of the Services must, at all times, be compliant with our Community Guidelines. We reserve the right, at any time and without prior notice, to remove or disable access to content at our discretion for any reason or no reason. Some of the reasons we may remove or disable access to content may include finding the content objectionable, in violation of these Terms or our Community Policy, or otherwise harmful to the Services or our users. Our automated systems analyze your content (including emails) to provide you personally relevant product features, such as customized search results, tailored advertising, and spam and malware detection. This analysis occurs as the content is sent, received, and when it is stored.
DISCLAIMER OF WARRANTIES
YOUR USE OF THE APPLICATION OR SITE, ITS CONTENT AND ANY SERVICES THROUGH THE APPLICATION OR WEBSITE IS AT YOUR OWN RISK. THE APPLICANT OR SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE APPLICATION OR WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER POMBO NOR ANY PERSON ASSOCIATED WITH POMBO MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
LIMITATION ON LIABILITY
IN NO EVENT WILL POMBO, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.