Terms of Use
Welcome to Pongo! These Terms of Use (the "Terms") are a legally binding contract between Julien Pinto, a sole proprietorship governed by French law and doing business as "Pongo" ("Company," "we," "us" or "our"), and you ("User"), the individual who downloads, installs, registers for, accesses or uses the Pongo mobile application, its websites and related services (collectively, the "App").
By downloading, installing, or using the App, you agree to be bound by these Terms. If you do not agree, do not use the App.
1. Eligibility & Age Requirements
You must be at least 16 years old to use the App. By using the App, you represent and warrant that you meet this requirement and that you have the legal capacity to enter into these Terms.
If you are under the age of majority in your jurisdiction, you may only use the App with the involvement and consent of a parent or legal guardian, who agrees to be bound by these Terms on your behalf.
We do not knowingly permit anyone under 16 to create an account. If we learn that we have collected information from a person under 16, we will delete it.
2. What Pongo Offers
Pongo is a workout tracking application for iPhone. Depending on your plan, the App allows you to:
- build and follow strength training routines;
- log workouts, exercises, sets, repetitions and loads;
- generate a training routine from the profile information you provide;
- track progress over time, including personal records and training history;
- view your daily step count, if you choose to connect Apple Health;
- interact with an in-app mascot whose state reflects your training consistency.
We may add, change, suspend or remove features at any time. We are not obligated to maintain any particular feature.
3. Health & Fitness Disclaimer
Please read this section carefully
Pongo is not a medical service and does not provide medical advice. The App is a tracking and organisational tool for general fitness and informational purposes only.
The routines, exercises, loads, repetitions, rest periods and any other suggestion produced by the App are generic and automated. They are not prescriptions, and they are not reviewed by a physician, physiotherapist, or certified trainer with knowledge of your individual circumstances.
Consult a qualified professional before you begin. You should obtain clearance from a physician or another qualified health professional before starting any exercise programme, and in particular if you:
- have or suspect a heart condition, high blood pressure, or any chronic illness;
- are pregnant, have recently given birth, or are recovering from surgery;
- have a current or past injury, chronic pain, or a musculoskeletal condition;
- are taking medication that affects your heart rate, balance or exertion capacity;
- have been sedentary for an extended period.
Physical exercise carries an inherent risk of injury. This includes, without limitation, muscle strains, joint injuries, falls, dropped or mishandled equipment, cardiac events, and in rare cases death. Weight training in particular carries risks associated with heavy loads and equipment failure.
You train at your own risk. You are solely responsible for:
- deciding whether any exercise or load is appropriate for you;
- using correct technique, appropriate equipment, and a safe environment;
- using a spotter or safety equipment where appropriate;
- stopping immediately if you feel pain, dizziness, shortness of breath, chest discomfort or any other warning sign, and seeking medical attention.
Any figures the App displays — including estimated calories, estimated one-rep maxima, strength standards, step counts and progress metrics — are estimates produced by general-purpose formulas and third-party data. They are not measurements of your body and must not be relied upon for medical, nutritional or diagnostic purposes.
If you are experiencing a medical emergency, stop using the App and call your local emergency number immediately (112 in the European Union, 911 in the United States, 999 in the United Kingdom).
4. Account Registration & Security
Some features require a Pongo account. You may create one using Sign in with Apple or the other methods offered in the App.
You agree to:
- provide accurate information and keep it up to date;
- keep your credentials and device secure;
- be responsible for all activity that occurs under your account;
- notify us promptly at hi@usepongo.com if you suspect unauthorised use.
You may use the App for a period without an account. If you later create an account, the data held on your device may be associated with it.
5. Your Content & Data
"User Content" means everything you enter into or upload to the App: profile details, routines, workout logs, notes, custom exercises, and any images you choose to attach to a workout.
You own your User Content. We do not claim ownership of it.
You grant us a limited, worldwide, non-exclusive, royalty-free licence to host, store, reproduce and transmit your User Content solely to the extent necessary to operate the App for you — for example to synchronise it between your devices, to back it up, and to display it back to you. This licence ends when you delete the content or your account, subject to the retention periods described in our Privacy Policy.
You represent that you have the right to submit your User Content and that it does not infringe the rights of any third party.
6. Acceptable Use
You agree not to:
- use the App for any unlawful purpose, or in breach of these Terms;
- reverse engineer, decompile, or attempt to extract the source code of the App, except to the extent this restriction is prohibited by applicable law;
- circumvent, disable or interfere with security features, rate limits, or subscription controls;
- access the App by automated means, or scrape, harvest or bulk-download data from it;
- upload malicious code, or content that is unlawful, infringing, or that depicts another person without their consent;
- resell, sublicense, or commercially exploit the App or its content;
- impersonate another person or misrepresent your affiliation with anyone.
We may suspend or terminate access for any breach of this section.
7. Subscriptions & Payments
7.1 Premium subscription
Certain features require a paid subscription ("Premium"). Prices, billing periods and any free trial are displayed in the App before you purchase, and may vary by territory.
7.2 Billing through Apple
All purchases are processed by Apple through your Apple Account. We never receive or store your payment card details. Your purchase is also subject to Apple's terms, including the Apple Media Services Terms and Conditions.
7.3 Automatic renewal
Subscriptions renew automatically. Your subscription renews at the end of each billing period, and your Apple Account is charged at the then-current price, unless you cancel at least 24 hours before the end of the current period.
You can manage or cancel your subscription at any time in Settings → your name → Subscriptions on your iOS device. Deleting the App does not cancel your subscription.
7.4 Free trials
Where a free trial is offered, any unused portion is forfeited if you purchase a subscription during the trial. Unless you cancel at least 24 hours before the trial ends, the trial converts automatically into a paid subscription.
7.5 Refunds
Purchases are handled by Apple, and refunds are therefore governed by Apple's policies. Requests should be submitted through reportaproblem.apple.com. We are generally not able to issue refunds directly.
If you are a consumer in the European Union, you have a statutory right of withdrawal of 14 days for digital content. By starting to use Premium immediately, you acknowledge that you may lose that right once performance has begun, to the extent permitted by law.
7.6 Price changes
We may change subscription prices. Any change applies to subsequent billing periods and will be notified to you in advance as required by applicable law and by Apple. You may cancel before the change takes effect.
8. Intellectual Property
The App, including its software, design, interface, text, graphics, the Pongo name, logo and mascot, is owned by the Company or its licensors and is protected by intellectual property laws.
Subject to these Terms, we grant you a limited, personal, non-exclusive, non-transferable, revocable licence to use the App for your own non-commercial purposes. All rights not expressly granted are reserved.
Exercise names, descriptions and reference data may originate from third-party sources and remain the property of their respective owners.
9. Third-Party Services
The App relies on third-party providers to function, including for authentication, data storage and synchronisation, subscription management, and product analytics. These providers process data on our behalf as described in our Privacy Policy.
The App may also link to third-party websites or resources. We do not control them and are not responsible for their content, products or practices.
10. Disclaimers & Warranties
The App is provided "as is" and "as available", without warranties of any kind, whether express, implied or statutory, including any implied warranties of merchantability, fitness for a particular purpose, accuracy, and non-infringement.
We do not warrant that the App will be uninterrupted, timely, secure or error-free, that defects will be corrected, or that any data, estimate or recommendation it produces is accurate, complete or suitable for you.
Nothing in these Terms excludes or limits any warranty or right that cannot be excluded or limited under the law applicable to you as a consumer.
11. Limitation of Liability
To the maximum extent permitted by law, the Company shall not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for any loss of profits, revenue, data, goodwill or other intangible losses, arising out of or in connection with your use of, or inability to use, the App.
This expressly includes any personal injury, illness, aggravation of a pre-existing condition, or death arising from physical exercise undertaken in connection with the App, save where such liability results from our gross negligence or wilful misconduct, or where it cannot lawfully be excluded.
To the maximum extent permitted by law, our total aggregate liability arising out of or relating to these Terms or the App shall not exceed the greater of (a) the amount you paid us in the twelve (12) months preceding the event giving rise to the claim, or (b) fifty euros (€50).
Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above may not apply to you.
12. Indemnification
You agree to indemnify and hold harmless the Company from any claim, demand, loss, liability or expense (including reasonable legal fees) arising out of your User Content, your use of the App, your breach of these Terms, or your violation of any law or third-party right.
13. Termination
You may stop using the App at any time and may delete your account from within the App. Deleting your account removes your data in accordance with our Privacy Policy. It does not cancel an active subscription, which must be cancelled through your Apple Account.
We may suspend or terminate your access, with or without notice, if you breach these Terms, if required by law, or if we discontinue the App. Sections that by their nature should survive termination — including Sections 5, 8, 10, 11, 12 and 14 — will survive.
14. Dispute Resolution
These Terms are governed by French law, without regard to conflict-of-law rules. If you are a consumer resident in the European Union, you also benefit from the mandatory protections of the law of your country of residence, and nothing here deprives you of them.
We encourage you to contact us first at hi@usepongo.com so that we can try to resolve the matter informally.
Consumers in the European Union may also use the European Commission's online dispute resolution platform at ec.europa.eu/consumers/odr.
Subject to the above, the courts of France shall have jurisdiction over any dispute arising from these Terms.
15. General Provisions
Entire agreement. These Terms and the Privacy Policy constitute the entire agreement between you and the Company regarding the App.
Changes. We may update these Terms. If a change is material, we will provide reasonable notice, for example in the App or by email. Continued use after the effective date constitutes acceptance.
Severability. If any provision is held unenforceable, the remaining provisions remain in full force.
No waiver. Our failure to enforce a provision is not a waiver of it.
Assignment. You may not assign these Terms. We may assign them in connection with a merger, acquisition or sale of assets.
Apple. Apple is not a party to these Terms and has no obligation to provide support for the App. Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.
16. Contact Information
Julien Pinto, sole proprietorship (entreprise individuelle), France, doing business as Pongo.
Email: hi@usepongo.com
Web: usepongo.com