Website Terms of Use

PLEASE READ CAREFULLY. THESE WEBSITE TERMS INCLUDE A $100 LIMITATION OF LIABILITY AND BINDING INDIVIDUAL ARBITRATION WITH A CLASS ACTION AND JURY TRIAL WAIVER (SECTION 11), WHICH YOU MAY OPT OUT OF WITHIN 30 DAYS.

1. Acceptance of These Terms

1.1 These Website Terms of Use ("Website Terms") govern your access to and use of pongg.com and any related websites, pages, forms, calculators, demos, chat tools, and content operated by Pongg Inc., a Delaware corporation ("Pongg," "we," "us," or "our") (together, the "Site"). By accessing or using the Site, you agree to these Website Terms. If you do not agree, do not use the Site.

1.2 These Website Terms apply to Site visitors. If you or your business subscribe to Pongg's products and services, that subscription is governed by Pongg's Terms of Service, which control over these Website Terms for anything relating to the paid services.

1.3 You must be at least 18 years old to use the Site. If you use the Site on behalf of a business, you represent that you have authority to bind it to these Website Terms.

2. Use of the Site

2.1 Permitted Use. Subject to these Website Terms, Pongg grants you a limited, revocable, non-exclusive, non-transferable right to access and view the Site for your internal business purposes of learning about and evaluating Pongg's products.

2.2 Prohibited Use. You will not, and will not allow anyone to: (a) use the Site for any unlawful, fraudulent, deceptive, or harmful purpose; (b) use robots, spiders, scrapers, crawlers, AI agents, or other automated means to access, copy, or collect content or data from the Site, except for search engines indexing public pages in compliance with our robots.txt; (c) copy, reproduce, or use Site content, pricing, scripts, or demos to build or train a competing product or service; (d) introduce viruses, malware, or other harmful code; (e) attempt to gain unauthorized access to the Site or any related system, probe or test its vulnerabilities, or carry out any denial-of-service attack; (f) frame or mirror the Site, or link to it in a way that suggests an endorsement or affiliation that does not exist; (g) submit false, misleading, or another person's information through any Site form; or (h) interfere with or disrupt the Site or other users.

2.3 Changes and Availability. Pongg may change, suspend, or discontinue all or any part of the Site at any time, with or without notice, and without liability. Pongg does not guarantee that the Site will be available, uninterrupted, secure, or error-free.

2.4 Termination of Access. Pongg may restrict or terminate your access to the Site at any time, for any reason or no reason, without notice. Pongg may report violations to law enforcement and cooperate with authorities, including by disclosing your identity.

3. Site Content and No Reliance

3.1 Content on the Site, including blog posts, guides, pricing, ROI or savings calculators, case studies, testimonials, statistics, demos, and AI-generated responses, is provided for general information only. It may be incomplete, out of date, or inaccurate, and Pongg has no obligation to update it.

3.2 Results described on the Site are not typical or guaranteed. Nothing on the Site is legal, compliance, financial, or other professional advice, and you should not rely on it as such. Pricing and features shown on the Site are subject to change and do not form an offer; only a completed Order under Pongg's Terms of Service is binding.

4. Forms, Submissions, and Communications

4.1 Your Submissions. If you submit information through the Site (for example, a demo request, contact form, or chat), you represent that it is accurate and that you are authorized to provide it. Do not submit confidential or sensitive information through the Site. Anything you submit will not be treated as confidential, except as described in our Privacy Policy.

4.2 Consent to Be Contacted. By submitting your contact information through a Site form, you agree that Pongg may contact you about its products and services by email, phone call, and text message at the information you provide, as further described in the consent language shown on that form. Message and data rates may apply. You may opt out at any time, including by replying "STOP" to texts or using the unsubscribe link in emails. Consent is not a condition of purchase.

4.3 Electronic Communications. You consent to receive communications from Pongg electronically, and you agree that all notices, disclosures, and other communications we provide electronically satisfy any legal requirement that they be in writing.

4.4 Feedback. If you provide suggestions, ideas, or feedback, you assign all rights in them to Pongg, and Pongg may use them for any purpose without obligation or compensation to you.

5. Intellectual Property

5.1 The Site and all of its content, including text, graphics, logos, trademarks, the Pongg name, designs, audio, video, demos, software, and the selection and arrangement of content, are owned by Pongg or its licensors and protected by copyright, trademark, and other laws. All rights not expressly granted are reserved.

5.2 You may view and print pages of the Site for your internal business reference only, and must keep all copyright and other notices intact. Any other copying, modification, distribution, or commercial use requires Pongg's prior written permission.

6. Third-Party Links and Services

6.1 The Site may link to or embed third-party websites, tools, scheduling pages, chat widgets, and services. Pongg does not control and is not responsible for them, and a link does not imply endorsement. Your use of any third-party site or service is at your own risk and subject to that third party's terms and privacy policy.

7. Privacy

7.1 Pongg's Privacy Policy, available on the Site, describes how we collect and use personal information, including through cookies and similar technologies, and is incorporated into these Website Terms.

8. Disclaimer of Warranties

8.1 THE SITE AND ALL CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, PONGG AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND SUPPLIERS (THE "PONGG PARTIES") DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ACCURACY, AND ANY WARRANTY THAT THE SITE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

9. Limitation of Liability

9.1 TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE PONGG PARTIES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOST PROFITS, REVENUE, BUSINESS, DATA, OR GOODWILL, ARISING OUT OF OR RELATING TO THE SITE OR THESE WEBSITE TERMS, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, EVEN IF ADVISED OF THEIR POSSIBILITY.

9.2 TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE TOTAL AGGREGATE LIABILITY OF THE PONGG PARTIES FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SITE OR THESE WEBSITE TERMS WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS ($100).

9.3 YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING IT.

10. Indemnity

10.1 You will defend, indemnify, and hold harmless the Pongg Parties from and against any claims, losses, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to your use or misuse of the Site, your submissions, your violation of these Website Terms, or your violation of any law or third-party right.

11. Disputes and Arbitration

11.1 Governing Law. These Website Terms and any dispute arising out of or relating to them or the Site are governed by the laws of the State of Delaware, without regard to its conflict-of-laws rules, and by the Federal Arbitration Act.

11.2 Informal Resolution. Before starting arbitration or any other proceeding, you must send Pongg written notice describing the dispute and the relief sought, and the parties will try to resolve it in good faith for at least 30 days.

11.3 Binding Arbitration. Any dispute arising out of or relating to these Website Terms or the Site, including any question about the scope or enforceability of this arbitration provision (which the arbitrator will decide), will be resolved by final and binding individual arbitration administered by the American Arbitration Association under its applicable rules, before a single arbitrator, in Dallas, Texas (or by video, if the arbitrator permits). Judgment on the award may be entered in any court of competent jurisdiction.

11.4 Class Action and Jury Waiver. CLAIMS MAY BE BROUGHT ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. TO THE EXTENT ANY DISPUTE PROCEEDS IN COURT, EACH PARTY WAIVES ITS RIGHT TO A JURY TRIAL.

11.5 30-Day Right to Opt Out. You may opt out of the Binding Arbitration clause by emailing legal@pongg.com within 30 days after first using the Site, with the subject line "Arbitration Opt-Out" and your name, business name (if any), email address, and a clear statement that you opt out. If you opt out, disputes will be resolved exclusively in the courts described below, and all other provisions of these Website Terms will continue to apply.

11.6 Courts. Any dispute not subject to arbitration, and any action by Pongg to protect its intellectual property or the security of the Site, will be brought exclusively in the state or federal courts located in Dallas County, Texas, and you consent to their personal jurisdiction and venue.

11.7 Time Limit. Any claim relating to the Site must be brought within one year after it arises, or it is permanently barred, to the extent permitted by law.

12. General

12.1 Changes. Pongg may update these Website Terms at any time by posting a revised version on the Site and updating the "Last Updated" date. Your continued use of the Site after that date constitutes acceptance.

12.2 Entire Agreement. These Website Terms and the Privacy Policy are the entire agreement between you and Pongg regarding the Site. If you are a Pongg customer, the Terms of Service also apply and control as described in Section 1.

12.3 Severability; Waiver; Assignment. If any provision is found unenforceable, it will be enforced to the maximum extent permissible and the rest will remain in effect. Failure to enforce a provision is not a waiver. You may not assign these Website Terms; Pongg may assign them without restriction.

12.4 Contact. Questions about these Website Terms may be sent to legal@pongg.com.