Terms of Use
Last Updated: 12 January 2025
Welcome to Ponderlight. These terms govern your use of our mobile app support and update services. By accessing our website or using our services, you agree to these terms in full.
We've written these terms to be as clear as possible. If something doesn't make sense or you have questions about how these terms apply to your situation, please get in touch with us directly.
1. Service Description and Scope
Ponderlight provides technical support and maintenance services for mobile applications. Our services include app updates, bug fixes, performance monitoring, and technical assistance.
When you engage with our services, you're entering into an agreement with Ponderlight Limited, registered at The Barn Wixenford Farm, Colesdown Hill, Plymouth PL9 8AA, United Kingdom.
What We Provide
Our services are designed to keep your mobile applications running smoothly. This includes regular updates to address security vulnerabilities, compatibility with new operating system versions, and performance improvements based on user feedback and analytics.
We work with both iOS and Android platforms, though specific service capabilities may vary depending on your chosen service level and the technical requirements of your application.
2. User Accounts and Responsibilities
To access certain features of our service, you'll need to create an account. You're responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
You must provide accurate information when creating your account. If your details change, update them promptly to avoid service disruptions.
Account Security
Keep your password secure. Don't share it with anyone, and if you suspect unauthorized access to your account, notify us immediately at support@ponderlighta.com.
You're responsible for all activity on your account unless you can demonstrate that unauthorized access occurred despite your reasonable security measures.
Acceptable Use
You agree not to use our services for any purpose that is unlawful or prohibited by these terms. This includes, but isn't limited to:
- Attempting to gain unauthorized access to our systems or other user accounts
- Transmitting viruses, malware, or other harmful code
- Interfering with the proper functioning of our services
- Using our services to violate the rights of others
- Attempting to reverse engineer or decompile any part of our platform
3. Service Modifications and Availability
We're constantly working to improve our services. Sometimes this means adding new features, and occasionally it means retiring old ones that aren't serving our clients well.
We may modify, suspend, or discontinue any aspect of our services at any time. While we'll do our best to give you advance notice of significant changes, we can't always predict when maintenance or updates will be necessary.
Service Interruptions
We aim for high availability, but we can't guarantee uninterrupted service. Technical issues, maintenance, or circumstances beyond our control may occasionally affect service availability.
We're not liable for any loss or damage resulting from service interruptions, though we'll always work to restore services as quickly as possible.
4. Intellectual Property Rights
The content, features, and functionality of our services remain the property of Ponderlight Limited. This includes our website, software, documentation, and any tools or resources we provide.
You're granted a limited, non-exclusive, non-transferable license to access and use our services for their intended purpose. This license doesn't give you ownership of any intellectual property.
Your Content
You retain ownership of any content you provide to us, including application code, assets, and documentation. By using our services, you grant us the necessary rights to host, store, and process your content as required to deliver our services.
We won't use your content for any purpose other than providing our services unless you give us explicit permission.
5. Payment Terms and Billing
Fees for our services are detailed in your specific service agreement. Payment terms vary depending on the service level and billing cycle you've selected.
All fees are quoted in British Pounds (GBP) unless otherwise specified. Prices don't include VAT, which will be added where applicable.
Billing and Renewals
Recurring services are billed automatically according to your chosen billing cycle. We'll send you an invoice before each billing period.
If payment fails, we'll attempt to contact you and retry the payment. Continued non-payment may result in service suspension after reasonable notice.
Refunds and Cancellations
Cancellation terms depend on your service agreement. Generally, you can cancel recurring services with 30 days' notice. Fees already paid for the current billing period are typically non-refundable, though we'll consider exceptions in cases of service failure or other special circumstances.
6. Confidentiality and Data Protection
We take your privacy seriously. Our handling of personal data is detailed in our Privacy Policy, which forms part of these terms.
In the course of providing services, we may have access to sensitive business information. We maintain strict confidentiality standards and won't disclose your information except as required to deliver services or comply with legal obligations.
Data Security
We use industry-standard security measures to protect your data. However, no system is completely secure, and we can't guarantee absolute security of information transmitted to or stored on our systems.
You're responsible for maintaining appropriate security measures for your own systems and for any data you collect through applications we support.
7. Warranties and Limitations
We provide our services with reasonable skill and care, but we can't guarantee that they'll meet every specific requirement or that they'll be completely error-free.
Our services are provided "as is" to the extent permitted by law. We don't make any warranties about the reliability, suitability, or accuracy of our services beyond those explicitly stated in your service agreement.
Third-Party Services
Our services may integrate with or depend on third-party platforms and services. We're not responsible for the availability, functionality, or terms of these third-party services.
Changes to third-party platforms (such as app store policies or operating system updates) may affect our ability to provide certain services. While we'll adapt to such changes where reasonably possible, we can't guarantee compatibility with all third-party services at all times.
8. Liability Limitations
To the extent permitted by law, our total liability to you for any claims arising from or related to our services is limited to the fees you've paid us in the 12 months preceding the claim.
We're not liable for indirect, consequential, or incidental damages, including lost profits, business interruption, or data loss, even if we've been advised of the possibility of such damages.
Nothing in these terms excludes or limits our liability for death or personal injury caused by negligence, fraud, or any other liability that cannot be excluded by law.
Your Responsibilities
You're responsible for ensuring that your use of our services complies with applicable laws and doesn't infringe on the rights of others. You agree to indemnify us against any claims arising from your use of our services in violation of these terms or applicable law.
9. Term and Termination
These terms remain in effect as long as you use our services. Either party may terminate the relationship according to the terms of your specific service agreement.
Immediate Termination
We may suspend or terminate your access to our services immediately if you breach these terms, if we're required to do so by law, or if your use of our services poses a security risk to our systems or other users.
Upon termination, you'll lose access to our services. We'll provide you with access to your data for a reasonable period, but you're responsible for retrieving any content you want to keep.
Survival
Certain provisions of these terms survive termination, including those related to intellectual property, confidentiality, liability limitations, and dispute resolution.
10. Dispute Resolution
If a dispute arises between us, we encourage you to contact us first to see if we can resolve it informally. Most issues can be sorted out through direct communication.
These terms are governed by the laws of England and Wales. Any disputes that can't be resolved through discussion will be subject to the exclusive jurisdiction of the courts of England and Wales.
Class Action Waiver
To the extent permitted by law, any disputes must be brought on an individual basis. You agree not to participate in class actions or other collective proceedings related to these terms or our services.
11. Changes to These Terms
We may update these terms from time to time to reflect changes in our services, legal requirements, or business practices.
When we make significant changes, we'll notify you via email or through a prominent notice on our website. Continued use of our services after such notice constitutes acceptance of the updated terms.
If you don't agree with the changes, you may terminate your account according to the terms of your service agreement.
12. General Provisions
If any provision of these terms is found to be unenforceable, the remaining provisions will continue in full effect.
Our failure to enforce any right or provision of these terms doesn't constitute a waiver of that right or provision.
Assignment
You may not transfer or assign your rights or obligations under these terms without our written consent. We may assign our rights and obligations to any party at any time, though we'll notify you if such assignment materially affects your rights.
Entire Agreement
These terms, together with your service agreement and our Privacy Policy, constitute the entire agreement between you and Ponderlight regarding our services.