Terms of Use

Effective date: August 16, 2026

These Terms of Use ("Terms") are a legal agreement between you and Pond Knowledge, PBC ("Pond", "we", "us", "our") governing your access to and use of the Pond mobile application and any related websites, content, and services (together, the "App" or "Service"). By downloading, installing, or using the App, you agree to be bound by these Terms. If you do not agree, do not use the App.

Your use of the App is also governed by our Privacy Policy, which is incorporated into these Terms by reference.

1. Eligibility

You must be at least 13 years old (or the minimum age of digital consent in your jurisdiction) to use the App. If you are under the age of majority where you live, you may use the App only with the involvement and consent of a parent or legal guardian. By using the App you represent that you meet these requirements and that you are able to form a binding contract with us.

2. The Service

Pond is an audio listening application that lets you discover, browse, and play podcasts and related audio content, view transcripts, use voice search, and follow topics and episodes. The content available through the App includes material published by third-party creators as well as material provided by Pond. Features of the App may change, expand, or be discontinued over time.

3. Accounts and Anonymous Use

You may use the App anonymously without creating an account. If you choose to sign in with Google or Sign in with Apple, you authorize us to receive a limited set of profile information as described in our Privacy Policy. You are responsible for activity that occurs under your account and for maintaining the security of the device and credentials used to access it. Notify us promptly of any unauthorized use.

4. Subscriptions, Billing, and Free Access

4.1 Free tier

The App offers a free tier that allows a limited amount of listening. Once you reach the applicable usage limit, continued access to certain content or features may require a paid subscription. We may adjust the limits of the free tier from time to time.

4.2 Paid subscriptions

Pond offers an auto-renewing paid subscription that unlocks unlimited listening and other features. Pricing is shown in the App or during checkout before you purchase. Depending on how you subscribe, billing is handled either by Apple through your App Store account (in-app purchase) or by our payment processor, Stripe (for purchases made through our website).

4.3 Auto-renewal

Subscriptions renew automatically for successive billing periods (for example, monthly) at the then-current price until cancelled. Your payment method will be charged at the start of each billing period. You authorize these recurring charges.

4.4 Cancellation

• Apple in-app purchases: Manage or cancel your subscription in your Apple ID settings (Settings → your name → Subscriptions). Cancellation takes effect at the end of the current billing period. To avoid renewal, cancel at least 24 hours before the period ends.
• Subscriptions purchased through our website (Stripe): Cancel from within the App's subscription settings or by contacting us. Cancellation takes effect at the end of the current billing period.

4.5 Refunds

Except where required by law, payments are non-refundable and there are no refunds or credits for partial billing periods. Refunds for Apple in-app purchases are handled by Apple in accordance with the App Store's policies; requests must be directed to Apple. For subscriptions billed through our website, contact us and we will handle refund requests in accordance with applicable law.

5. License to Use the App

Subject to these Terms, we grant you a limited, personal, non-exclusive, non-transferable, revocable license to install and use the App on devices you own or control, solely for your personal, non-commercial use. You may not sublicense, resell, or make the App available to any third party.

6. Acceptable Use

You agree not to:

• Use the App for any unlawful purpose or in violation of these Terms.
• Copy, download, record, redistribute, publicly perform, or create derivative works from content in the App except as expressly permitted by the App's features.
• Reverse engineer, decompile, or attempt to extract the source code of the App, except to the extent this restriction is prohibited by law.
• Interfere with, disrupt, or circumvent any security, usage limits, or access controls of the App or its servers.
• Use automated means to access, scrape, or harvest content or data from the App.
• Use the App to infringe the rights of others or to transmit unlawful, harmful, or infringing material.

7. Content and Intellectual Property

The App and its original content, features, design, software, trademarks, and logos are owned by Pond or its licensors and are protected by intellectual property laws. Except for the limited license granted above, no rights are transferred to you.

Podcasts and other audio content available through the App are the property of the respective creators or rights holders and are made available for your personal listening within the App. Your access to such content does not grant you any ownership or license beyond streaming and playing it through the App's features.

8. Third-Party Services

The App relies on and links to third-party services, including Apple and Google (authentication and platform services), Apple and Google speech recognition (voice search), Stripe and the Apple App Store (payments), and content provided by third-party creators. Your use of those services may be subject to their own terms and privacy policies. We are not responsible for third-party services or content.

9. Voice Features

The optional voice search feature uses your device's built-in speech recognition service to convert speech to text. As described in our Privacy Policy, we do not record or store raw audio of your voice, though the underlying platform service may process audio subject to Apple's or Google's policies. You may decline or revoke microphone permission at any time.

10. Disclaimers

The App and all content are provided "as is" and "as available" without warranties of any kind, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the App will be uninterrupted, error-free, secure, or free of harmful components, or that any content will always be available. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above may not apply to you.

11. Limitation of Liability

To the maximum extent permitted by law, Pond and its officers, employees, and licensors will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of data, revenue, or profits, arising out of or related to your use of or inability to use the App. Our total liability for any claim relating to the App will not exceed the greater of the amount you paid us for the App in the twelve months before the claim or fifty U.S. dollars ($50). Some jurisdictions do not allow certain limitations of liability, so some of the above may not apply to you.

12. Indemnification

You agree to indemnify and hold harmless Pond and its officers, employees, and licensors from any claims, damages, liabilities, and expenses (including reasonable legal fees) arising out of your use of the App, your violation of these Terms, or your violation of any rights of another party.

13. Termination

You may stop using the App at any time. We may suspend or terminate your access to the App at any time, with or without notice, if you violate these Terms or if we discontinue the Service. Upon termination, the license granted to you ends. Sections that by their nature should survive termination (including intellectual property, disclaimers, limitation of liability, and indemnification) will survive.

14. Apple App Store

If you download the App from the Apple App Store, you acknowledge that these Terms are between you and Pond only, not Apple, and that Apple is not responsible for the App or its content. Apple has no obligation to provide maintenance or support for the App. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price (if any); to the maximum extent permitted by law, Apple has no other warranty obligation with respect to the App. Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you. Your use of the App must also comply with the Apple Media Services Terms and Conditions and the standard Licensed Application End User License Agreement.

15. Changes to These Terms

We may update these Terms from time to time. We will post the updated version at this URL with a new effective date. Material changes will be reflected in the App where appropriate. Your continued use of the App after changes take effect constitutes acceptance of the revised Terms.

16. Governing Law

These Terms are governed by the laws of the United States and the State of Delaware, without regard to its conflict of laws rules. You agree that any dispute not subject to a required arbitration or small-claims process will be resolved in the courts located in Delaware, and you consent to their jurisdiction, except where applicable law grants you the right to bring claims in your local jurisdiction.

17. Contact

Questions about these Terms can be sent to justin@makebelieveproductions.com.