Pools Terms of Service

Introduction

Thanks for downloading Pools! We’re excited you’re here.

Pools is the first app built on Bonafide, a protocol designed to give people ownership and control of their data and connections, independently of the apps they use.

Here’s how the arrangement works.

We build and provide the Pools app, host your Bonafide Container, and keep the service running. All your data and connections belong to you. Just because we host it for you doesn’t mean that we own it or can do whatever we want with it. We have no right to it, can’t share it, can’t sell it, can’t mine it, and don’t use it for anything other than what you need to use the app.

These terms cover things like subscriptions, your responsibilities when using Pools, and how we delete your data if you leave.

Some of the language is necessarily legal, but we’ve tried to make it understandable. We want you to know what you’re agreeing to.

If you’re unfamiliar with Bonafide and want to learn more about it, please visit our website.

Terms of Service

Pools ("Pools," "our," "we,", "us", "Protegra", or "Bonafide Technologies") provides the services described below to you. We operate the website https://pools.bonafide.technology/, the mobile application Pools (the 'App'), as well as any other related products and services that refer or link to Pools Terms of Service (individually and collectively, the 'Services').

The Services (as defined below) are intended for users who are at least 18 years old. If you are under 18 years of age, then only your parent or guardian can purchase a subscription for you.

The Bonafide Pools Terms of Service ("BonafidePools Terms of Service") herein in its entirety or in any part constitute a legally binding agreement made between you, whether personally or on behalf of an entity ('you') and Pools, concerning your access to and use of the Services. You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of terms of the Pools Terms of Service. IF YOU DO NOT AGREE WITH ALL OF THE TERMS CONTAINED HEREIN, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.

If an update affects your use of the Services or your legal rights as a user of our Services, we'll notify you prior to the update's effective date via an in-product notification. These updated terms will be effective no less than 30 days from when we notify you. By continuing to use the Services after the effective date of any changes, you agree to be bound by the modified terms.

Our Privacy Policy explains how we collect and use your information while our Acceptable Use Policy outlines your responsibilities when using our Services. By using our Services, you're agreeing to be bound by these Terms, our Privacy Policy, and Acceptable Use Policy.

1. Your Content & Our Services

When you use our Services, you store things like your connections, messages, posts, and photos. This is your content that you own and we do not have the right to use it for any purpose. Your content is yours. You agree that we may collect and use technical data and related information—including but not limited to technical information about your device, system and application software, and peripherals—that is gathered periodically to facilitate the provision of software updates, product support, and other services to you (if any) related to the Pools application. We may use this information, as long as it is in a form that does not personally identify you, to improve our products or to provide services to you.

2. Your Responsibilities

Your use of our Services must comply with our Acceptable Use Policy. Content you upload or create may be protected by others' intellectual property rights. Please don't copy, upload, download, or share content unless you have the right to do so.

Help us keep your content protected. Safeguard your Bonafide Key, username and password to your Pools database, and optionally keep your credentials recovery information current. Don't share your Pools credentials or give others access to your Pools app.

You may use our Services only as permitted by applicable law, including export control laws and regulations.

3. Software

Some of our Services allow you to download client software ("Software") which may update automatically. So long as you comply with these Terms, we give you a limited, nonexclusive, nontransferable, revocable license to use the Software, solely to access the Services. To the extent any component of the Software may be offered under an open source license, we’ll make that license available to you and the provisions of that license may expressly override some of these Terms. Unless the following restrictions are prohibited by law, you agree not to reverse engineer or decompile the Services, attempt to do so, or assist anyone in doing so.

4. Additional Features

From time to time, Pools will get additional features to enhance the user experience at no additional charge. However, these features may be withdrawn without further notice.

5. Our Intellectual Property

The Services are protected by copyright, trademark, and other Canadian and foreign laws. These Terms don't grant you any right, title, or interest in the Services, others' content in the Services, Protegra or Bonafide Technologies trademarks, logos and other brand features. We welcome feedback, but note that we may use comments or suggestions without any obligation to you.

6. Illegal Content

You agree not to upload nor share any illegal content in accordance with your local laws, and Canadian laws where the data is hosted. We respond to notices of alleged illegal content infringement if they comply with the law, and such notices should be reported. We reserve the right to terminate accounts of repeat infringers. Illegal content claims should be submitted using our Illegal Content Complaint Form on our website.

7. Fees, Billing, Cancellation

App stores. Pools utilizes the Apple App Store and the Google Play Store for payment management and processing and you are expected to follow the respective app store rules.

Recurring Billing. Upon initiating a subscription, you authorize us to charge you for your initial subscription period and a recurring monthly subscription fee at the then current rate, which may change from time to time. You acknowledge that the amount billed each month may vary for reasons that may include differing amounts due to promotional offers, changing or adding a plan. You further authorize (but not limited to) us to charge your Payment Method for such varying amounts, which may be billed monthly in one or more charges. Note that even if you do not use the subscription or access the Services, you will be responsible for subscription fees until you cancel your subscription, or it is otherwise terminated. When you sign up to Pools, we create your own database and host it for you, which incurs a cost regardless of your use of the Services.

Subscription Cycle. Upon signing up and purchasing your subscription, your first Subscription Cycle will be billed upfront and immediately. Unless we expressly communicate otherwise, your subscription will automatically renew each month and you will be billed on the same date each month. We reserve the right to change the timing of our billing (and if we do, we'll make adjustments to the amounts we charge, as appropriate). In the event your paid subscription began on a day not contained in a given month, we may bill your Payment Method on a day in the applicable month or such other day as we deem appropriate. Your renewal date may change due to changes in your subscription.

Refunds. Unless otherwise stated herein, our fees (including the monthly fee for your subscription and any other fees) are nonrefundable.

Price Changes. We reserve the right to adjust pricing at any time to reflect factors such as changes to our product offerings, changes to our business, or changes in economic conditions. We will provide a minimum of 30-day notice through an in-product notification, and posting on our website. Unless otherwise stated herein, any price changes to your subscription will take effect on your next billing cycle If you do not cancel your subscription, you will be deemed to have accepted these new fees.

Cancellation of Subscription. Unless we communicate otherwise, you may terminate your subscription at any time before your subscription renews through the app store where you purchased your subscription to Pools. If you cancel your subscription or it is terminated for any reason, you will lose access to all content, credits or features available through the subscription.

Account Inactivity and Deletion. If you are using the free version of the app, and do not engage in any activity for a period of 6 consecutive months, we reserve the right to delete your account and all associated data without notice. Activity includes, but is not limited to, logging in, using app features, or interacting with any part of the Services.

Other Fees. You are responsible for paying applicable fees. We reserve the right to change the policy regarding when we charge fees, to introduce additional fees (such as a sign-up fee) and to change the amount of any such fees at any time.

Third Party Fees. You are also responsible for all third-party charges and fees associated with connecting to and using the Services, including fees such as internet service provider fees, telephone and computer equipment charges, sales tax and any other fees necessary to access the Services.

8. External Services

Pools may enable access to our and/or third-party services and websites such as a podcast index (collectively and individually, "External Services"). You agree to use the External Services at your sole risk. Pools is not responsible for examining or evaluating the content or accuracy of any third-party External Services, and shall not be liable for any such third-party External Services. Data displayed by any External Service, including but not limited to financial, medical and location information, is for general informational purposes only and is not guaranteed by Pools or its agents. You will not use the External Services in any manner that is inconsistent with the terms of this agreement or that infringes the intellectual property rights of Pools or any third party. You agree not to use the External Services to harass, abuse, stalk, threaten or defame any person or entity, and that Pools is not responsible for any such use. External Services may not be available in all languages or in your home country, and may not be appropriate or available for use in any particular location. To the extent you choose to use such External Services, you are solely responsible for compliance with any applicable laws. Pools reserves the right to change, suspend, remove, disable or impose access restrictions or limits on any External Services at any time without notice or liability to you.

9. Corrections

There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.

10. No Warranty

We strive to provide great Services, but there are certain things that we can't guarantee. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF POOLS IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, POOLS AND ANY SERVICES PERFORMED OR PROVIDED BY POOLS ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND LICENSOR HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO POOLS AND ANY SERVICES, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NONINFRINGEMENT OF THIRD-PARTY RIGHTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY US OR OUR AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD POOLS OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.

11. Limitation of Liability

TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL POOLS BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE LICENSED APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall our total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.

12. Indemnification

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of: (1) your content; (2) use of the Services; (3) breach of the Pools Terms of Service; (4) any breach of your representations and warranties set forth in the Pools Terms of Service; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Services with whom you connected via the Services. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defence of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

13. Termination

You're free to stop using our Services at any time. This agreement is effective until terminated by you or by us. Your rights under this agreement will terminate automatically if you fail to comply with any of its terms.

We reserve the right to suspend or terminate your access to the Services with notice to you if Pools reasonably believes:

  1. you're in breach of these Terms,

  2. your use of the Services would cause a real risk of harm or loss to us or other users, or

  3. payment for your Paid Account has failed and you haven't updated it for 12 consecutive months.

We'll provide you with reasonable advance notice via an in-product notification to remedy the activity that prompted us to contact you and give you the opportunity to export your content from our Services. If after such notice you fail to take the steps we ask of you, we'll terminate or suspend your access to the Services.

We won't provide notice or an opportunity to export your content before termination or suspension of access to the Services where Pools reasonably believes:

  1. you're in material breach of these Terms, which includes, but is not limited to, violating our Acceptable Use Policy,

  2. doing so would cause us legal liability or compromise our ability to provide the Services to our other users, or

  3. we're prohibited from doing so by law.

Once we suspend or terminate your access to the Services, all of your data will be deleted and you will not be able to access or export your content. Pools does not provide refunds if we suspend or terminate your access to the Services, unless required by law.

14. Discontinuation of Services

We may decide to discontinue the Services in response to exceptional unforeseen circumstances, events beyond Pools' control (for example a natural disaster, fire, or explosion), or to comply with a legal requirement. If we do so, we'll give you reasonable prior notice so that you can export your content from our systems (we will give you no less than 30 days' notice where possible under the circumstances).

15. Governing Law

The Pools Terms of Service shall be governed by the Laws of the Province of Manitoba, Canada. You agree to submit to the exclusive jurisdiction of the Manitoba Courts for purposes of resolving any dispute which may arise in connection with the Pools Terms of Service.

16. Dispute Resolution

Informal Negotiations

To expedite resolution and control the cost of any dispute, controversy, or claim related to the Pools Terms of Service (each a "Dispute" and collectively, the "Disputes") brought by either you or us (individually, a 'Party' and collectively, the 'Parties'), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.

Binding Arbitration

Any dispute arising out of or in connection with the Pools Terms of Service, including any question regarding its existence, validity, or termination, shall be referred to and finally resolved by arbitration under the Canadian Arbitration Association Arbitration Rules, which, as a result of referring to it, is considered as the part of this clause. The number of arbitrators shall be three (3). The seat, or legal place, or arbitration shall be Winnipeg, Canada. The language of the proceedings shall be English. The governing law of the Pools Terms of Service shall be substantive law of Manitoba and the laws of Canada in Manitoba.

Restrictions

The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilise class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

17. Modifications

We may revise these Terms to better reflect:

  1. changes to the law,

  2. new regulatory requirements, or

  3. improvements or enhancements made to our Services.

If an update affects your use of the Services or your legal rights as a user of our Services, we’ll notify you prior to the update’s effective date via an in-product notification. These updated terms will be effective no less than 30 days from when we notify you. By continuing to use the Services after the effective date of any changes, you agree to be bound by the modified terms.

If you don't agree to the updates we make, please cancel your account and stop using the Services before the updated Terms become effective. Where applicable, we'll offer you a prorated refund based on the amounts you have prepaid for Services and your account cancellation date. By continuing to use or access the Services after the updates come into effect, you agree to be bound by the revised Terms.

Any modifications will not change your ownership and control over your data and our rights of not using your data for any purpose other than for providing and maintaining the Services.

18. Electronic Communications, Transactions, and Signatures

Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and/or on the Services, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

19. Miscellaneous

The Pools Terms of Service and any policies or operating rules posted by us on the Services or in respect to the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of the Pools Terms of Service shall not operate as a waiver of such right or provision. The Pools Terms of Service operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of the Pools Terms of Service is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from the Pools Terms of Service and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of the Pools Terms of Service or use of the Services. You agree that the Pools Terms of Service will not be construed against us by virtue of having drafted them. You hereby waive any and all defences you may have based on the electronic form of the Pools Terms of Service and the lack of signing by the parties hereto to execute the Pools Terms of Service.

Acceptable Use Policy

You agree to use our Services only for legal, authorized, and acceptable purposes. You will not use (or assist others in using) our Services in ways that violate or infringe the rights of Pools, our users, or others, including privacy, publicity, intellectual property, or other proprietary rights.

Prohibited Content

  1. Objectionable Content: You agree not to post, transmit, or otherwise make available any content that is unlawful, defamatory, libelous, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, vulgar, obscene, profane, or otherwise objectionable.

  2. Hate Speech and Discrimination: You agree not to post content that promotes or condones hate speech, discrimination, bigotry, or violence against individuals or groups based on race, ethnicity, religion, gender, sexual orientation, disability, or any other characteristic.

  3. Violence and Harm: You agree not to post content that depicts or promotes violence, self-harm, or harm to others, including but not limited to graphic images or videos of violent acts.

  4. Intellectual Property Infringement: You agree not to post content that infringes upon the intellectual property rights of others, including copyrights, trademarks, patents, trade secrets, or other proprietary rights.

  5. Illegal Activities: You agree not to post content that promotes or facilitates illegal activities, including but not limited to drug trafficking, illegal gambling, hacking, or any other unlawful conduct.

  6. False Information: You agree not to post content that is false, misleading, or deceptive, including but not limited to misinformation, fake news, or fraudulent schemes.

  7. Spam and Unsolicited Content: You agree not to post spam, advertisements, or other unsolicited content, including but not limited to promotional materials, commercial offers, or affiliate links.

  8. Compliance with Laws: You agree to comply with all applicable laws, regulations, and policies governing the use of the services, including but not limited to laws related to online conduct, content regulation, and intellectual property rights.

  9. Moderation and Removal: If your post is reported by another user, Pools reserves the right to moderate, remove, or disable access to any content that violates this provision or is otherwise deemed objectionable, without notice or liability.

  10. Consequences of Violation: Violation of this provision may result in the termination or suspension of your access to the services.

Privacy Policy

If this Privacy Policy changes, we will let you know with an in-product notification and by posting it on our website.

We know you care about your privacy. So do we.

We aren't going to just outline all the ways we're going to violate your privacy and hope you don't read it. Pools is the first app built with the Bonafide Protocol. Go check out the Bonafide website to read about the privacy-by-default internet we are working towards.

Our Privacy Policy is simple because we're not in the business of snooping on you or stealing your content. We built Pools as a tool for you, and we want you to buy a subscription because it gives you value.

What data do we collect? How do we use it?

We don't collect personal information, and we don't track your use of the app beyond basic app usage statistics that help us operate the app properly.

Payment is handled by the Apple App Store and the Google Play Store.

Some information gets collected by Apple and Google to authorize and process the subscription purchase that we (1) have no control over, and (2) don't use for any reason other than verifying a subscription. This is subject to change at their discretion.

If you opt-in to provide your email address to reset your login credentials, we only use it for that purpose.

If you choose to voluntarily provide feedback to our team, we may collect your email address to communicate with you.

Pools will never share your data with anyone else unless required by law in Canada.

Where do we store your data?

Pools hosts your data in Canada.

What are your data protection rights?

As a subscriber of Pools, you own your content and connections. We have no right to it and can't share it or sell it to anyone else. We only act as your service provider.

If you unsubscribe and leave Pools, your data will be deleted within 30 days. If you were a paid subscriber and your payment fails, you have 30 days to resubscribe or all your data will be deleted.

Posted: January 10, 2024

Effective: January 10, 2024