Section 01Acceptance of terms
These Terms of Service ("Terms") form a binding agreement between you (the "Customer") and Pondmetric ("Pondmetric," "we," "us"). By accessing or using the Pondmetric service, including the website at pondmetric.com, the dashboard application, and the REST API (collectively, the "Service"), you agree to these Terms. If you do not agree, do not use the Service.
If you are using the Service on behalf of a business or other legal entity, you represent that you have authority to bind that entity to these Terms.
Section 02The service
Pondmetric provides a hosted analytics and monitoring service that connects to your existing data sources (including but not limited to Stripe, Google Analytics, Google Search Console, Shopify, and custom websites) and surfaces unified metrics, alerts, and dashboards through a web application and REST API.
We may add, modify, or remove features over time. We will provide reasonable advance notice of material changes that adversely affect existing functionality.
Section 03Accounts & eligibility
You must be at least 18 years old and capable of entering a binding contract to create an account. You are responsible for:
- Maintaining the confidentiality of your account credentials.
- All activity that occurs under your account.
- Promptly notifying us of any unauthorized use of your account.
- Ensuring that anyone who accesses the Service on your behalf complies with these Terms.
One account per legal entity. You may not transfer your account to another party without our written consent.
Section 04Acceptable use
You agree not to:
- Connect Pondmetric to websites or data sources you do not own or are not authorized to monitor.
- Use the Service to violate any law, including data protection, anti-spam, or intellectual property laws.
- Attempt to reverse engineer, decompile, or otherwise extract source code from the Service.
- Probe, scan, or test the vulnerability of the Service without our prior written authorization.
- Resell, sublicense, or repackage the Service without a written reseller agreement.
- Use the Service to send unsolicited communications.
- Exceed published rate limits for the API. Sustained excessive usage may result in throttling or suspension.
We reserve the right to suspend or terminate accounts that violate this Acceptable Use Policy.
Section 05Customer data
"Customer Data" means the metrics, credentials, and content that you provide to or generate through the Service. As between you and Pondmetric, you retain all rights, title, and interest in your Customer Data.
You grant us a limited license to host, store, and process Customer Data solely to operate the Service for you. We do not sell, share, or commercially exploit your Customer Data. See the Privacy Policy for full details on how we handle data.
You are responsible for ensuring that you have the rights and consents necessary to transmit Customer Data to Pondmetric, particularly when Customer Data includes personal information of your end users.
Section 06Subscriptions & billing
The Service is offered on a recurring subscription basis. The applicable subscription fees, billing cycle, and currency are disclosed when you sign up.
- Billing. Subscriptions renew automatically on each billing cycle. We charge the payment method on file.
- Taxes. Listed prices exclude any applicable sales, use, or value-added taxes, which are your responsibility unless we are required to collect them.
- Failed payments. If a charge fails, we will retry the payment for up to seven days. If payment cannot be collected, the Service may be suspended.
- Price changes. We may change subscription prices on at least 30 days written notice. New prices take effect on your next billing cycle.
Section 07Cancellation & termination
You may cancel your subscription at any time from the dashboard or by emailing hello@pondmetric.com. See our Refund Policy for the refund terms that apply on cancellation.
We may suspend or terminate your account immediately if you materially breach these Terms, including the Acceptable Use Policy. In all other cases we will provide reasonable notice and an opportunity to cure.
On termination, your access to the Service ends. We will retain your Customer Data for 30 days following termination to allow for export, after which it is permanently deleted (except where retention is required by law).
Section 08Intellectual property
The Service, including all software, designs, text, graphics, and other content provided by Pondmetric, is and remains the property of Pondmetric and its licensors. These Terms grant you a limited, non-exclusive, non-transferable license to use the Service for your internal business purposes during the term of your subscription. No other rights are granted.
You may submit feedback, suggestions, or feature requests. By doing so, you grant us a perpetual, royalty-free license to use that feedback in operating and improving the Service.
Section 09Disclaimers
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." PONDMETRIC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
We do not warrant that the Service will be uninterrupted, error-free, or that defects will be corrected. We do not warrant the accuracy or completeness of any metrics surfaced from third-party sources, including but not limited to Google Search Console rankings or Stripe revenue figures. Pondmetric is a presentation and alerting layer over data we receive from third parties; we are not responsible for the underlying accuracy of that data.
Section 10Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, PONDMETRIC SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITIES, WHETHER IN CONTRACT, TORT, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE AMOUNTS YOU PAID TO PONDMETRIC IN THE TWELVE MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
Section 11Indemnification
You agree to indemnify and hold harmless Pondmetric from any claims, damages, or expenses arising out of: (a) your violation of these Terms; (b) your violation of any law or third-party right; or (c) Customer Data you submit to the Service. We will promptly notify you of any such claim and cooperate with your defense.
Section 12Governing law & disputes
These Terms are governed by the laws of the State of California, without regard to its conflict-of-laws principles. Any dispute arising out of or related to these Terms or the Service shall be resolved exclusively in the state or federal courts located in San Diego County, California, and you consent to the personal jurisdiction of those courts.
Section 13Changes to these terms
We may update these Terms from time to time. Material changes will be announced by email at least 30 days before they take effect. Continued use of the Service after the effective date of any change constitutes acceptance of the revised Terms.
Section 14Contact
Questions about these Terms? Email hello@pondmetric.com. We respond within one business day.