Terms of Service

1. Eligibility

You must have reached the age of majority where you live to use the Services. By using the Services, you represent that you meet this requirement and that you are not barred from using the Services under applicable law.

2. Your account

Your account is linked to your mobile phone number, which you verify with a one-time code. You agree to provide accurate and complete information. You are responsible for all activity on your account and for keeping your phone and messaging accounts secure. You may not allow anyone else to use your account. You must notify us immediately at support@trypong.app if you suspect any unauthorized use of your account. You may hold only one account, and you may not create an account if we have previously removed yours.

3. Using the Services

Inputs, outputs and actions

Pong is a personal assistant powered by artificial intelligence ("AI"). You may provide messages, photos, documents and other materials ("Input"). Pong uses AI to generate responses and other content based on your Input ("Output") and to take actions on your behalf ("Actions"), such as sending messages and emails, managing your calendar, setting reminders, using websites, signing in with logins you save, publishing websites you ask it to build, sending Pong cash and making purchases. Input and Output together are "Materials".

Input

By providing Input, you represent that you have all rights and permissions needed to provide it and to allow us to use it to provide the Services, and that your Input and its use will not violate any law, any third party's rights or any third-party terms.

Connected services

If you connect a third-party account, such as your email, calendar or another app (a "Connected Service"), you authorize Pong to access it, exchange data with it and take Actions in it on your behalf. Data received from a Connected Service is your Input. You are responsible for ensuring that Pong's use of a Connected Service is permitted under that service's terms. You may revoke Pong's access at any time in that service's settings or by contacting us.

Actions

You authorize Pong to take Actions on your behalf in response to your Input. You appoint Pong as your agent to enter into agreements, commitments or transactions on your behalf, and to accept the terms of third-party services it uses as part of those Actions. These are binding on you as if you had entered into them directly. Purchases are also governed by section 4.

Responsibilities and risks

The Services are not error-free. Output may be incorrect or incomplete, and Actions may contain errors and may not be reversible. Verify Output before relying on it, and review Actions Pong takes. You are responsible for your Input, your Actions and your use of Output, including their financial, contractual and legal consequences. We may require confirmation or apply other safeguards for certain Actions, but these safeguards may not prevent every unintended or erroneous Action. The Services do not provide medical, legal, financial, investment or other professional advice.

Your Materials

We do not claim ownership of your Materials. We use your Materials to provide, maintain and improve the Services as described in our Privacy Policy. We do not use your Materials to train AI models.

4. Pong cash

What Pong cash is

Pong cash is a prepaid balance in Canadian dollars held in your Pong account. You can use it to pay for purchases Pong makes for you and to send money to other Pong users in your crew. Pong cash:

• is not a deposit or a bank account;
• does not earn interest;
• is not insured by the Canada Deposit Insurance Corporation; and
• cannot be redeemed for cash, withdrawn or refunded, except where required by law.

No fees apply to adding, sending or spending Pong cash.

Adding money

You add Pong cash with a card or digital wallet through our payment processor, Stripe. Payments appear on your statement as VIRA LABS. Pong cash is added to your balance once the payment is confirmed. Stripe may save your card for future top-ups; we charge it only for a top-up you start and confirm. We may set limits on the amounts you can add, hold, send or spend, and will show them in the Services.

Purchases

When you ask Pong to buy something, Pong asks you to confirm the merchant and the amount. Pong does not make a purchase without your confirmation. Once you confirm, we place a hold on that amount of your Pong cash and pay the merchant with a payment card issued to Pong. The hold becomes a completed payment when the purchase goes through, or the amount is returned to your balance if it does not. The merchant, not Pong, is the seller. The merchant's terms, including pricing, delivery, cancellation and refund policies, apply to the purchase, and disputes about the goods or services are between you and the merchant.

Sending Pong cash

Transfers to other Pong users are completed immediately and cannot be cancelled or reversed. We rely on the recipient you choose. Only send Pong cash to people you know and trust.

Records and errors

Your Pong cash activity and receipts are available in your dashboard and in chat. Contact us as soon as you can at support@trypong.app if you think an error or an unauthorized transaction has occurred.

Verification and suspension

We may ask for information to confirm your identity before you use Pong cash, or to comply with anti-money laundering laws, and may delay your access to Pong cash until you provide it. We may suspend or void Pong cash if we suspect it was obtained or used fraudulently, unlawfully or in violation of these Terms.

5. Messages

Pong communicates with you by iMessage, SMS and WhatsApp. When you sign up or sign in, we send a one-time code to your phone number. Pong also sends the messages you ask for, such as replies, reminders, alerts and receipts. Message frequency varies. Message and data rates may apply. The terms of your carrier and messaging platform also apply. To stop receiving messages from Pong, contact support@trypong.app.

6. Acceptable use

You may not, and may not use the Services to:

• violate any law or anyone's rights;
• send spam, or harass, threaten, defraud or deceive anyone;
• submit or generate content that is unlawful, defamatory, obscene, hateful or invasive of privacy;
• use Pong cash for fraud, money laundering, terrorist financing or anything illegal where you or the merchant are located;
• access another person's account, or attempt to gain unauthorized access to the Services or related systems;
• interfere with or disrupt the Services, or circumvent any limit or safety measure;
• copy, decompile, reverse engineer or disassemble the Services, except as permitted by law; or
• scrape the Services, or use the Services or their Output to develop competing products or to train other AI models.

7. Ownership and feedback

We and our licensors own the Services, including their software, design and content, and the Pong name and logo. Subject to these Terms, we grant you a personal, non-exclusive, non-transferable right to use the Services. If you send us feedback, we may use it without any obligation to you. We may use de-identified or aggregated usage data for any lawful purpose.

8. Third-party services

The Services rely on and interact with third-party services, including AI models, messaging platforms, payment processors, websites and merchants. We are not responsible for third-party services or their content, products or availability, and your use of them may be subject to their terms.

9. Termination

You may stop using the Services at any time and may ask us to close your account by contacting support@trypong.app. We may suspend or end your access to the Services if you breach these Terms, if required by law, or to protect the Services or other users. Provisions that by their nature should survive termination will survive.

10. Disclaimers

To the extent permitted by law, the Services, Output and Actions are provided "as is" and "as available", without warranties or conditions of any kind, express or implied, including of merchantability, fitness for a particular purpose and non-infringement. We do not warrant that the Services will be uninterrupted, secure or error-free, or that Output or Actions will be accurate or complete.

11. Limitation of liability and indemnity

To the extent permitted by law, we are not liable for any indirect, incidental, special, consequential or punitive damages, or for any loss of profits, data or use, arising from or related to the Services or these Terms. To the extent permitted by law, our total liability to you for any claim arising from or related to the Services or these Terms will not exceed the greater of CAD $100 or the amounts you paid us in the six months before the claim arose.

To the extent permitted by law, you will indemnify us against claims, losses and expenses, including reasonable legal fees, arising from your breach of these Terms, your violation of any law or third-party right, or your Input and Actions.

Nothing in these Terms limits any right you have under consumer protection laws that cannot be waived or limited by contract.

12. Changes

We may change the Services from time to time. We may update these Terms by posting a new version with a new "Last updated" date. For material changes, we will notify you by message at least 30 days before they take effect. If you do not agree to the changes, you may stop using the Services and close your account before they take effect.

13. Governing law

These Terms are governed by the laws of the Province of Quebec and the federal laws of Canada applicable in Quebec. Subject to any right you have under applicable law to bring proceedings where you live, the courts of Quebec have exclusive jurisdiction over any dispute arising from these Terms or the Services.

14. General

These Terms and our Privacy Policy are the entire agreement between you and us about the Services. If any provision is found unenforceable, the rest remain in effect. We may assign these Terms; you may not assign them without our written consent. Our failure to enforce a provision is not a waiver of it.

15. Contact

Questions about the Services or these Terms can be sent to support@trypong.app.