Terms of Use
Effective 5 October 2026
Summary. Pond is software that runs on your device. Content you store in it remains on your device, under your control and your sole responsibility; we cannot access, recover or disclose it. Subscriptions are sold and managed by Apple. The App is provided "as is", and our liability is limited to the fullest extent permitted by law. If you live in the United States, disputes are resolved by individual arbitration. Please read the full Terms below.
1. Acceptance
These Terms of Use ("Terms") form a binding agreement between you and the Developer (defined below) governing your use of the Services. By downloading, installing, accessing or using the Services, you agree to these Terms and to Apple's Licensed Application End User License Agreement (the "Apple EULA"). If you do not agree, do not use the Services. If these Terms and the Apple EULA conflict, these Terms prevail to the extent permitted.
2. Definitions
- "Developer", "we", "us", "our" means the independent developer of Pond identified as the seller on the App's App Store product page, and any successor or assignee, including any company the Developer forms. "Everease" is a brand name used by the Developer and is not a separate legal entity.
- "Protected Parties" means the Developer, any company the Developer forms or controls, and their respective owners, officers, successors, contractors and licensors.
- "App" means the Pond application and its updates. "Website" means everease.com.co, including its community board. Together they are the "Services".
- "User Content" means any photos, videos, files, documents, credentials, notes or other information you store in or process with the App.
Interpretation. In these Terms, "including" means "including without limitation"; headings are for convenience only and do not affect meaning; the singular includes the plural; and a reference to the Developer includes its successors and permitted assignees. No provision will be interpreted against the Developer because the Developer drafted it.
3. Eligibility
You must be at least 13 years old, or the minimum age required in your country, and legally able to enter into these Terms. If you are under the age of majority, a parent or legal guardian must accept these Terms on your behalf.
4. Licence and restrictions
Subject to these Terms, we grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable and revocable licence to use the App on Apple-branded devices that you own or control, as permitted by the Usage Rules of the Apple Media Services Terms and Conditions. You may not copy, modify, distribute, sell, lease, reverse engineer, decompile or create derivative works of the Services, except to the extent such restrictions are prohibited by law.
5. Subscriptions and free trials
Certain features require a paid, auto-renewing subscription, which may begin with a free trial. Payment is charged to your Apple Account at confirmation of purchase or at the end of the trial. Subscriptions renew automatically unless cancelled at least 24 hours before the end of the current period, and your account will be charged for renewal within 24 hours before the period ends. You can manage and cancel subscriptions in your Apple Account settings. Any unused portion of a free trial is forfeited when you purchase a subscription. All billing, refunds and payment matters are handled by Apple under its terms; refund requests can be made at reportaproblem.apple.com.
6. User Content; no access; no monitoring
You retain all rights in your User Content. The Services are software only. The Developer does not host, receive, store, transmit, review, moderate or control User Content, has no knowledge of it, and has no technical ability to access, recover, decrypt, disclose or delete it.
You are solely responsible for your User Content, including its legality and your right to store it; for the security of your device, passcodes, App codes, recovery codes and backup passphrases; and for creating and safeguarding backups using the App's built-in backup feature. The App keeps its vaults out of your device's iCloud Backup, so a backup file you create is the only way to restore User Content on another device. User Content may be permanently lost if your device is lost, damaged, reset or replaced, if the App is deleted, or if you forget your codes. The Developer has no obligation to, and cannot, restore User Content.
The Developer does not monitor how the Services are used and has no obligation to do so. Nothing in these Terms creates any duty on the Developer to review, supervise or control User Content or your conduct.
For all legal purposes, the Developer does not have possession, custody or control of User Content. Backups you create, export, or keep with third parties (such as iCloud, the Files app or another storage provider) are under your sole control and subject to those providers' terms, and the Developer is not responsible for them.
7. Acceptable use
You agree not to use the Services to store, conceal or distribute content that is unlawful in your jurisdiction, including material that sexually exploits or endangers minors; to conceal evidence from or obstruct lawful authorities; to infringe the rights of others; or to violate any applicable law. You are solely responsible and liable for any unlawful use of the Services, and the Protected Parties have no involvement in, and accept no responsibility or liability for, any such use.
The App is a general-purpose privacy tool, like a lock or a safe. The Developer does not encourage, endorse, facilitate or have knowledge of any particular use of it, and the fact that the App keeps content private is not an invitation to use it unlawfully. If the Developer becomes aware of conduct that breaches this Section, the Developer may terminate your licence and cooperate with lawful requests to the extent it holds relevant information.
9. Requests from authorities and third parties
Because User Content is never in our possession, the Developer cannot provide it to any person, including government agencies, law enforcement authorities or courts. We will respond to valid legal process only with information we actually hold, such as correspondence you have sent us, and only as required by law.
10. Security and disguise features
The App is designed to help protect your privacy, but no software is completely secure. The Developer does not warrant that the App, its encryption, its lock or its disguise feature will prevent all unauthorised access, discovery or disclosure, including by persons who know or obtain your codes, through compromised or modified devices, by forensic tools, or under legal compulsion. The disguise feature alters the App's appearance; it does not make the App or its contents undetectable.
11. Third-party services and trademarks
Optional features rely on third-party services, including Have I Been Pwned for password breach checks and leak alerts, Brandfetch for website logos, and Apple Maps for place names and address search. These services are provided by third parties under their own terms. The Developer does not control them and is not responsible for their availability, accuracy, content or practices. A breach check indicates only whether a password appears in known breach data and does not guarantee that a password is secure. Logos and other third-party marks are the property of their respective owners, are displayed solely to identify the relevant website, and do not imply any affiliation with or endorsement by those owners.
12. Intellectual property and feedback
The Services, including their software, design, text and graphics, and the names and logos Pond and Everease, are owned by the Developer or its licensors and protected by intellectual property laws. No rights are granted except the licence in Section 4. If you send us suggestions or feedback, in any form, you grant us a perpetual, royalty-free right to use them without obligation to you.
13. Disclaimer of warranties
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. THE PROTECTED PARTIES DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, SECURITY, AND THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF HARMFUL COMPONENTS, OR THAT USER CONTENT WILL BE PRESERVED OR REMAIN CONFIDENTIAL.
Help content. Guides, help articles, answers on the community board and other information on the Website are general information only. They may not reflect the latest version of iOS or the App and are not professional, legal or security advice. You follow them at your own risk; in particular, check that you have a working backup before deleting anything.
14. Limitation of liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE PROTECTED PARTIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF DATA, USER CONTENT, PRIVACY, PROFITS, REVENUE OR GOODWILL, ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS, INCLUDING ANY LOSS RESULTING FROM USER CONTENT OR SUBMISSIONS, FROM ACCESS TO YOUR DEVICE OR USER CONTENT BY ANY OTHER PERSON, OR FROM USE OF THE SERVICES IN BREACH OF THESE TERMS OR THE LAW, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE TOTAL AGGREGATE LIABILITY OF THE PROTECTED PARTIES FOR ALL CLAIMS RELATING TO THE SERVICES WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID FOR THE APP, INCLUDING SUBSCRIPTION FEES, IN THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM AND (B) FIFTY US DOLLARS (US$50).
Some jurisdictions do not allow the exclusion or limitation of certain warranties or damages, so some of the above may not apply to you. Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law, including liability for death or personal injury caused by negligence, for fraud, or your statutory rights as a consumer.
15. Indemnification
To the extent permitted by law, you agree to defend, indemnify and hold harmless the Protected Parties from and against any claims, liabilities, damages, losses and expenses, including reasonable legal fees, arising out of or relating to your User Content, your Submissions, your use of the Services, or your breach of these Terms or of any law or third-party right.
Release. To the extent permitted by law, you release the Protected Parties from all claims and liability arising out of or relating to your User Content, your Submissions, the conduct of other users or third parties, and any access to your device or User Content by any other person. If you are a California resident, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party." Residents of other jurisdictions waive any similar law to the extent permitted.
16. Changes, suspension and termination
We may modify, suspend or discontinue the Services or any feature at any time. We may terminate your licence if you materially breach these Terms. You may stop using the Services at any time by deleting the App. The sections on User Content, the community board, requests from authorities, security, third-party services, intellectual property, disclaimers, limitation of liability, indemnification, dispute resolution and governing law survive termination.
17. Dispute resolution
Informal resolution. Before bringing any claim, you agree to contact us at support@everease.com.co with a description of the dispute and to allow 60 days to resolve it informally.
Users in the United States: binding individual arbitration. Any dispute arising out of or relating to these Terms or the Services will be resolved by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, rather than in court, except that either party may bring an individual claim in small claims court or seek injunctive relief for infringement of intellectual property. The Federal Arbitration Act governs this Section. YOU AND THE DEVELOPER EACH WAIVE THE RIGHT TO A TRIAL BY JURY AND TO PARTICIPATE IN A CLASS, COLLECTIVE OR REPRESENTATIVE ACTION. The arbitration will take place in the county where you live or by video conference, and fees will be allocated as provided in the AAA's Consumer Arbitration Rules. If 25 or more similar claims are filed by the same or coordinated counsel, they will be administered in batches under the AAA's mass arbitration procedures. You may opt out of arbitration by emailing us within 30 days of first accepting these Terms, with the subject line "Arbitration opt-out" and a statement that you opt out; opting out does not affect any other part of these Terms. If the class action waiver is found unenforceable, this arbitration agreement will not apply to that claim. This Section survives termination of these Terms.
Time limit. To the extent permitted by law, any claim arising out of or relating to these Terms or the Services must be brought within one year after it arises, or it is permanently barred.
Users in the European Union, the United Kingdom, Mexico and Colombia. You retain the protection of the mandatory provisions of the consumer laws of your country of residence, and you may bring proceedings in the courts of that country.
18. Governing law
If you reside in the United States, these Terms are governed by the laws of the State of Delaware and applicable federal law, without regard to conflict-of-laws rules. If you reside elsewhere, these Terms are governed by the laws of your country of habitual residence.
19. Apple
These Terms are concluded between you and the Developer only, and not with Apple Inc. ("Apple"). The Developer, not Apple, is solely responsible for the App and its content. Apple has no obligation to furnish any maintenance or support services for the App. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, for the App; to the maximum extent permitted by law, Apple will have no other warranty obligation with respect to the App. Apple is not responsible for addressing any claims by you or any third party relating to the App or your possession or use of it, including product liability claims, claims that the App fails to conform to any legal or regulatory requirement, claims arising under consumer protection, privacy or similar legislation, or claims that the App infringes a third party's intellectual property rights. Apple and its subsidiaries are third-party beneficiaries of these Terms and, upon your acceptance, Apple will have the right to enforce these Terms against you as a third-party beneficiary.
20. Export and sanctions
You represent that you are not located in a country subject to a United States Government embargo or designated as a "terrorist supporting" country, and that you are not listed on any United States Government list of prohibited or restricted parties.
21. General
We may update these Terms by posting a revised version with a new effective date; material changes will be notified in advance where required by law, and continued use after the effective date constitutes acceptance. We may assign or transfer these Terms, in whole or in part, including to a company we form or to a successor. From the date of such an assignment, the assignee alone is responsible for obligations under these Terms, and you agree that the assignor is released from obligations arising after that date. You may not assign these Terms without our consent. If any provision is held unenforceable, it will be modified to the minimum extent necessary and the remaining provisions will remain in effect. Our failure to enforce a provision is not a waiver. We are not liable for delays or failures caused by events beyond our reasonable control. These Terms, the Apple EULA and our Privacy Policy constitute the entire agreement between you and the Developer regarding the Services. Nothing in these Terms creates a partnership, employment, agency or fiduciary relationship. Apple and the other Protected Parties may rely on and enforce the provisions of these Terms that protect them; no other person has rights under these Terms. You agree to receive communications from us electronically, and that electronic notices satisfy any requirement that they be in writing. If these Terms are translated, the English version prevails to the extent permitted by law.
Pond