Terms of Service
1. Acceptance of Terms
By accessing or using the Pompato platform ("Service"), you ("User", "you", or "your") agree to be bound by these Terms of Service ("Terms") and our Privacy Policy, which is incorporated by reference. If you do not agree, do not use the Service. If you are using the Service on behalf of an organization, you represent that you have authority to bind that organization to these Terms.
2. Eligibility
You must be at least 18 years old and able to form a legally binding contract under applicable law to use the Service. By using the Service, you represent and warrant that you meet these requirements.
3. Account Registration and Security
- You must provide accurate, complete, and current registration information.
- You are responsible for safeguarding your credentials and for all activity under your account.
- Notify us immediately at [email protected] if you suspect unauthorized access to your account.
- You may not share account credentials or allow others to access the Service through your account except as permitted by your subscription plan.
4. Permitted Use
You agree to use the Service only for lawful purposes and in accordance with these Terms. You will not:
- Violate any applicable federal, state, or local law or regulation
- Infringe the intellectual property, privacy, or other rights of any third party
- Transmit spam, unsolicited messages, or engage in deceptive marketing practices
- Attempt to gain unauthorized access to any part of the Service or its infrastructure
- Upload or distribute malicious code, viruses, or harmful software
- Scrape, crawl, or otherwise extract data from the Service without our written consent
- Use the Service to facilitate illegal discrimination, harassment, or hate speech
5. Intellectual Property
The Service, including its software, design, text, and graphics, is owned by Pompato and protected by U.S. and international intellectual property laws. These Terms grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service solely for your internal business purposes. No other rights are granted.
You retain ownership of content you submit to the Service ("User Content"). By submitting User Content you grant Pompato a worldwide, royalty-free license to host, store, reproduce, and display that content solely as necessary to operate the Service.
6. Third-Party Integrations
The Service may integrate with third-party platforms (e.g., Meta/Facebook, Instagram). Your use of those platforms is governed by their respective terms and privacy policies. Pompato is not responsible for third-party platforms or their availability. For an overview of how the Service works with connected Facebook Pages and Instagram professional accounts, see About Pompato; to request deletion of stored data, see Data Deletion Requests.
7. Fees and Payment
If you subscribe to a paid plan, you agree to pay all applicable fees as described at the time of purchase. Fees are non-refundable except as required by law or as explicitly stated in a separate written agreement. We reserve the right to change fees upon 30 days' notice.
8. Termination
Either party may terminate these Terms at any time. We may suspend or terminate your access immediately if you breach these Terms, fail to pay applicable fees, or if required by law. Upon termination, your right to use the Service ceases. Provisions that by their nature survive termination (Sections 5, 9, 10, and 12) will continue in effect.
9. Disclaimers
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS.
10. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, POMPATO AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY. IN NO EVENT WILL OUR AGGREGATE LIABILITY EXCEED THE GREATER OF (A) THE FEES YOU PAID IN THE TWELVE MONTHS PRIOR TO THE CLAIM OR (B) ONE HUNDRED U.S. DOLLARS (US $100).
11. Indemnification
You agree to indemnify, defend, and hold harmless Pompato and its affiliates from any claims, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to your use of the Service, your User Content, or your violation of these Terms.
12. Governing Law and Dispute Resolution
These Terms are governed by the laws of the State of Delaware, without regard to conflict-of-law principles. Any dispute arising under these Terms will be resolved by binding individual arbitration under the rules of the American Arbitration Association (AAA), except that either party may seek injunctive relief in a court of competent jurisdiction. You waive any right to participate in a class action lawsuit or class-wide arbitration.
13. Changes to These Terms
We may update these Terms from time to time. We will provide at least 30 days' notice of material changes by e-mail or in-app notification. Continued use of the Service after the effective date of the revised Terms constitutes your acceptance.
14. Miscellaneous
- Entire Agreement – These Terms (and any Order Form or addenda) constitute the entire agreement between you and Pompato.
- Severability – If any provision is found unenforceable, the remaining provisions remain in full force.
- Waiver – Failure to enforce any right is not a waiver of future enforcement.
- Assignment – You may not assign these Terms without our prior written consent.
15. Contact Us
Questions about these Terms?
Pompato – Legal Team[email protected]