These Terms of Service (“Terms”) govern your access to and use of the Pod mobile application, website(s), and related services (collectively, the “Service”).
1.2 Parties
“Pod,” “we,” “us,” and “our” refer to the company that operates Pod. Formation is anticipated in Delaware; the exact legal name and address will be inserted once formed.
“You” and “User” refer to any individual who accesses or uses the Service, whether or not they create an account.
1.3 Acceptance
By downloading, accessing, or using the Service, you confirm that you have read, understood, and agree to be bound by these Terms and agree to comply with all applicable laws and regulations.
If you do not agree to these Terms, you must not use the Service.
1.4 Additional Terms
We may provide additional terms or policies for specific features. If there is a conflict between those additional terms and these Terms, the additional terms will control for that feature.
2. Eligibility and Age Requirements
2.1 Minimum Age
The Service is intended solely for adults aged 18 or older.
2.2 Representations
By using Pod, you represent and warrant that you are at least 18 years of age, you are legally capable of entering into a binding contract, and you are not prohibited from using the Service under applicable law.
2.3 Enforcement for Minors
No minors are allowed on Pod. If we become aware that a User is under 18, we may immediately terminate their account, block access, and may retain or share relevant information with appropriate parties, as permitted by law and our Privacy Policy, to help protect minors.
3. Description of the Service
3.1 Core Experience
Users are randomly paired in 1:1 live video calls (“Video Chats”), subject to preferences you set (e.g., gender, age range, and other filters).
After a Video Chat, if both Users choose to “match,” Pod may open a text-based chat between them (“Match Chat”).
3.2 Current Limitations
Match Chat is text-only. Users cannot send photos, videos, or make subsequent voice/video calls within Match Chat.
You may block matches and report Users for inappropriate or unsafe behavior.
3.3 Feature Changes
We may add, modify, or remove features at any time (for example, new filters, events, or future live show-style features).
4. Account Registration and Security
4.1 Registration Data
To use key features, you must create an account and provide accurate, current information (for example, name, age, gender, email or phone number).
4.2 Your Responsibilities
Maintain accurate information and update it as needed.
Keep your login credentials secret and secure.
Notify us promptly if you suspect any unauthorized access to your account.
4.3 Account Liability
You are responsible for all activities that occur under your account and any content you submit or actions you take through the Service.
4.4 Our Rights
We may refuse registration, close accounts, or reclaim usernames if we believe they are inappropriate, misleading, or infringe on others’ rights.
5. Profiles, Account Deletion, and Privacy Policy
5.1 Profiles
Each User has a personal profile, which may include basic information (for example, name, age range, location range, preferences) and other optional details you choose to share.
5.2 Account Deletion
You may delete your profile/account using in-app controls as described in our Privacy Policy. Once deleted, your profile will no longer be visible to other Users, subject to limited retention of certain data for legal, security, or operational reasons, as set out in the Privacy Policy.
5.3 Privacy Policy
Our Pod Privacy Policy explains how we collect, use, store, and share your data and is incorporated into these Terms by reference. By using Pod, you also agree to the Privacy Policy.
6. Matching Preferences and Algorithm
6.1 Inputs and Preferences
Pod’s matching system uses the preferences you provide (for example, desired gender and age range) to attempt to pair you with compatible Users.
6.2 No Guarantees
The matching process is not guaranteed, and we do not promise that you will receive any particular number or type of matches, Video Chats, or messages.
6.3 Changes to Algorithm
We may modify the matching algorithm from time to time (for example, to improve quality, safety, or performance) without prior notice.
6.4 Screening Disclaimer
You acknowledge that matches are partly random and that we do not screen, vet, or background‑check Users.
7. User Conduct and Community Guidelines
7.1 Safety and Legality
Engage in no illegal behavior, including harassment, stalking, threats, fraud, extortion, blackmail, or promotion of illegal activities.
Do not share or request minors’ sexualized content or involve minors in any way. Do not use the Service to buy, sell, or promote illegal goods or services.
7.2 Sexual and Explicit Content
Do not appear nude or in a sexually suggestive manner, or engage in sexual acts or sexually explicit conduct on camera.
Do not request, pressure, or coerce others into sexual acts or explicit content, or sharing personal sexual information.
7.3 Hate, Violence, and Self‑Harm
Do not promote or engage in hate speech, harassment, or discrimination based on protected characteristics.
Do not promote or glorify violence, self‑harm, or suicide.
7.4 Privacy and Data
Do not share others’ private information without consent.
Do not record, screenshot, or otherwise capture Video Chats or Match Chats without the other person’s clear consent where prohibited by law.
7.5 Platform Integrity
Do not impersonate others, use bots or automation, interfere with or disrupt the Service, reverse engineer it, or attempt to bypass security or moderation measures.
7.6 Enforcement
We may update these guidelines over time and may enforce them at our reasonable discretion, including warnings, temporary restrictions, or permanent bans.
8. Video Chats, Text Chats, and User Content
8.1 Definition of User Content
“User Content” includes anything you say, type, or transmit through the Service, including live audio and video during Video Chats, text messages in Match Chat, and profile text and other optional profile information.
8.2 Your Responsibility
You are solely responsible for your User Content and your interactions with other Users.
8.3 Moderation Limitations
We do not pre-screen all User Content and cannot guarantee that other Users will comply with these Terms. You may encounter content or behavior you find offensive or inappropriate and should use report/block tools or leave the interaction immediately.
9. Reporting, Blocking, and Moderation (Including Stored Video)
9.1 Tools
Report during a Video Chat for inappropriate or harmful behavior (e.g., nudity, harassment, hate, suspected minors).
Block matches to prevent further contact through the Service.
When you block another User we will take reasonable steps to prevent you from being matched with them again in future Video Chats.
9.2 Stored Reported Video
Pod only stores video associated with reports and only to the extent necessary to investigate reports, enforce these Terms, comply with legal obligations or law enforcement requests, and improve and document safety and moderation practices.
Non-reported calls are not stored beyond transient processing necessary to provide the Service, except as otherwise described in the Privacy Policy.
9.3 Actions We May Take
Based on reports, patterns of behavior, or safety tools (including automated or AI-based moderation), we may issue warnings, restrict features, suspend accounts temporarily, or permanently ban Users.
9.4 Discretion
Pod has broad discretion to take moderation actions to help keep Users safe and preserve the integrity of the Service.
10. Ban Policy and Appeals
10.1 Grounds for Permanent Ban
Illegal activities, serious safety violations, or repeated lesser violations indicating a pattern of misconduct.
10.2 Purpose of Bans
Bans are intended to protect Users, not to punish.
10.3 Appeal Process
Appeal by email using the contact information at the end of these Terms, including the account email or phone number and a brief explanation.
10.4 Finality
We are not obligated to reinstate any account and may make final decisions at our reasonable discretion.
11. Safety Disclaimers: Interacting with Strangers
11.1 No Background Checks
Pod does not perform background checks, criminal history checks, or identity verification on Users.
11.2 Your Risk and Responsibility
We do not guarantee any User’s identity or behavior. Avoid sharing sensitive data, end interactions that feel unsafe, use report/block tools, and contact law enforcement if there is immediate danger.
11.3 No Professional Advice
Pod does not provide legal, medical, psychological, or other professional advice.
12. No Guarantee of Matches, Conversations, or Outcomes
12.1 No Performance Commitment
We do not guarantee matches, messages, outcomes, or the quality, frequency, or duration of Video Chats.
12.2 Service Variability
The Service may experience downtime, errors, or technical issues and features may change or be discontinued at any time.
13. Future Monetization and Virtual Items (Placeholder)
13.1 Possible Paid Features
Future offerings may include subscriptions, one-time purchases, in-app coins or virtual items, and premium events or experiences.
13.2 Supplemental Terms
When introduced, supplemental terms will describe pricing, renewal, refunds, and expiration rules. Using paid features binds you to those terms.
14. License to Use the Service
14.1 Grant
A limited, non-exclusive, non-transferable, revocable license to download and use the app on a device you own or control and to access and use the Service for personal, non-commercial use.
14.2 Restrictions
You may not copy, modify, or create derivative works; distribute, sell, rent, lease, or sublicense; or reverse engineer or attempt to extract source code except where allowed by law.
15. User Content License to Pod
15.1 Ownership
You retain ownership of your User Content, subject to rights you grant to others.
15.2 License to Pod
A worldwide, non-exclusive, royalty-free, sublicensable, transferable license to use, host, store, reproduce, modify, adapt, publish, analyze, and display your User Content solely to operate, improve, and provide the Service; enable moderation and safety; and comply with legal obligations or law enforcement.
15.3 Limits
We will not sell your personal user conversations as standalone content. Use is further limited by our Privacy Policy.
16. Intellectual Property of Pod
16.1 Ownership
The app, code, design, trademarks, logos, graphics, and other Pod‑branded materials are owned by or licensed to Pod and protected by law.
16.2 Trademark Use
You may not use Pod’s name, trademarks, or branding without prior written permission, except to truthfully reference Pod.
17. Third‑Party Services and Links
17.1 Links and Integrations
The Service may include links to or integrations with third‑party services.
17.2 Third‑Party Responsibility
Pod does not control third‑party sites or services. Your use may be subject to different terms and privacy policies.
17.3 No Liability for Third Parties
We are not responsible for loss or damage arising from your use of third‑party services.
18. Service Changes, Suspension, and Termination
18.1 Our Rights
We may modify, update, or discontinue any part of the Service; restrict features; or suspend or terminate accounts that violate these Terms or create risk.
18.2 Your Choices
You may stop using the Service at any time and may delete your account using in‑app tools.
18.3 Effect of Termination
Upon termination, your right to access the Service ends. Certain provisions (e.g., IP, liability limits, dispute resolution) continue to apply.
19. Disclaimers
19.1 As‑Is Basis
The Service is provided “as is” and “as available,” without warranties of any kind.
19.2 Disclaimed Warranties
To the maximum extent permitted by law, Pod disclaims warranties of merchantability, fitness for a particular purpose, non‑infringement, security, reliability, and availability.
19.3 No Guarantees
We do not warrant uninterrupted or error‑free service, correction of defects, or accuracy, reliability, or completeness of content.
20. Limitation of Liability
20.1 Types of Damages
Pod and its affiliates, officers, directors, employees, and agents will not be liable for indirect, incidental, special, consequential, or punitive damages, or loss of profits, revenue, data, goodwill, or other intangible losses.
20.2 Aggregate Cap
If any liability is found, Pod’s aggregate liability is limited to the greater of amounts paid by you in the 12 months before the event or USD $100.
21. Indemnification
21.1 Your Obligation
You agree to indemnify, defend, and hold harmless Pod and its affiliates, officers, directors, employees, and agents from claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising from your use of the Service, your User Content, your violation of these Terms, or your violation of others’ rights.
22. Governing Law and Jurisdiction (Delaware)
22.1 Governing Law
These Terms are governed by the laws of the State of Delaware, USA, without regard to conflict‑of‑law principles.
22.2 Venue
State and federal courts located in Delaware have exclusive jurisdiction over disputes not subject to mandatory arbitration or that cannot be resolved informally.
23. Changes to These Terms
23.1 Notice of Changes
When we revise these Terms, we will update the “Last updated” date and may provide additional notice for material changes.
23.2 Continued Use
By continuing to use the Service after changes are effective, you agree to the revised Terms. If you do not agree, discontinue use and delete your account.