Pologram Terms of Service

Effective: November 08, 2025

Introduction

Welcome to Pologram (“Pologram”, “we”, “us”, or “our”). These Terms of Service (“Terms”) govern your access to and use of Pologram’s messaging, voice/video calls, groups, channels, developer APIs, widgets, and other related services (collectively, the “Services”). By accessing or using the Services you agree to these Terms and our Privacy Policy and Community Guidelines. If you do not agree, do not use the Services.

1. About Pologram — Provider Role & Scope

Pologram is an intermediary platform that provides infrastructure, software, networking, and tools that enable users to communicate and share content (collectively, “User-Generated Content” or “UGC”). We are a neutral provider of the platform and do not act as a publisher, speaker, or content creator of UGC except to the extent explicitly stated. We do not endorse or guarantee accuracy, legality or reliability of any UGC.

2. Eligibility & Account

• You must be at least 13 years old (or older if your local law requires). Minors under 18 must have parental or guardian consent where required.
• Accounts may require verifiable contact information. You agree to keep account info accurate and to notify us of unauthorized access.
• We may suspend, limit, or terminate accounts for violations, fraud, abuse, or at our discretion to protect the service and other users.

3. User-Generated Content (UGC) — Ownership, License, and Responsibility

Ownership: You retain ownership of content you create. Pologram does not claim ownership of UGC except for content created by Pologram staff or contractors.

License to Pologram: By posting, uploading, submitting or otherwise transmitting UGC via the Services you grant Pologram a worldwide, perpetual (to the extent necessary for backups, logs, or legal holds), transferable, sublicensable, non-exclusive, royalty-free license to host, store, cache, copy, modify, display, distribute, transmit, and otherwise use such UGC solely for the purposes of operating, providing, improving, and securing the Services (including delivery, backups, caching, indexing, moderation, analytics, security, and legal compliance).

Responsibility & Sole Liability: You are fully and solely responsible for the content you create, post, transmit or display through the Services. You represent and warrant that you own or are authorized to use and grant the rights to all UGC you submit and that your UGC does not violate any law or third‑party right. You acknowledge and agree that Pologram does not control UGC and that Pologram is not responsible for any loss, damage, claim, or harm resulting from UGC.

4. Content Moderation, Removal & Reporting

• No Obligation to Monitor: We do not promise to monitor UGC but may do so in our discretion or as required by law.
• Investigation & Action: We may remove, block, filter, limit distribution, or retain UGC to comply with law, to protect the safety of users, to enforce these Terms, or to protect our rights and property.
• Emergency & Law Enforcement: We will cooperate with law enforcement and emergency requests. We may preserve and disclose account and UGC in response to subpoenas, court orders, warrants, or to prevent imminent harm.
• Reporting: To report illegal or abusive content, contact abuse@pologram.org (or follow in-app reporting). For suspected child sexual abuse material (CSAM), we will report to NCMEC or equivalent authorities as required.

5. Section 230 & Legal Protections

Pologram asserts all available legal defenses and immunities (including but not limited to 47 U.S.C. § 230) against claims arising from UGC. Nothing in these Terms is intended to waive Pologram’s rights to protection under applicable intermediary/host immunity laws. However, such immunity is jurisdiction-specific and may not apply to all claims (for example, certain sex-trafficking laws or statutes may limit immunity). We also do not concede immunity where such claim is based on our own content creation or editorial control beyond providing platform tools.

6. Copyright, DMCA, and Repeat Infringer Policy

We comply with the Digital Millennium Copyright Act (DMCA) and similar international laws. Our Designated Copyright Agent for notice is dmca@pologram.org. A valid DMCA notice must include the elements required by 17 U.S.C. § 512(c)(3). Counter-notice procedures are available under 17 U.S.C. § 512(g).

Repeat Infringers: Accounts that are repeat infringers (as defined by repeated valid takedown notices) will be subject to termination. We reserve the right to terminate accounts for alleged infringement even prior to receipt of any DMCA notice at our discretion where required by law or policy.

7. Prohibited Conduct (Examples)

The following are examples of prohibited conduct. This list is not exhaustive, and any actions that violate applicable local, national, or international laws, or otherwise harm the platform or its users, will also be prohibited.

You agree not to use the Services to engage in or facilitate any of the following prohibited conduct, and acknowledge that violation of these prohibitions may result in the removal of content, suspension or termination of accounts, and/or referral to law enforcement, as well as potential civil or criminal liability:

• Illegal Content: Posting, sharing, or facilitating the distribution of illegal content, including but not limited to Child Sexual Abuse Material (CSAM), human trafficking, drug trafficking, violent criminal activity, or terrorism-related content.

• Facilitation of Criminal Activity: Sharing content or engaging in activities that promote, plan, or encourage illegal activities, including instructions for committing crimes (e.g., hacking, fraud, violence, or illicit activities).

• Fraud & Impersonation: Committing or facilitating fraudulent activities, such as identity theft, financial fraud, phishing, or impersonating others (whether individuals or organizations) for deceptive purposes.

• Harassment & Harmful Behavior: Engaging in harassment, threats, stalking, doxxing (sharing private personal information without consent), bullying, or coercion of others. This includes both online and offline threats or harm.

• Unauthorized Access & Exploitation: Gaining unauthorized access to the Services, systems, or data, including attempts to scrape data, reverse-engineer code, or circumvent security features for malicious or illegal purposes.

• Malicious Software: Uploading, distributing, or otherwise facilitating the spread of malicious software (malware), viruses, or other harmful code that could disrupt or damage the Services or the devices of other users.

• Content That Violates Intellectual Property or Privacy Rights: Sharing content that infringes on the intellectual property rights of others, including copyrights, trademarks, or patents, as well as content that violates privacy rights (e.g., unauthorized recordings or recordings of private conversations).

• Hate Speech & Violence: Sharing content that promotes hate speech, violence, or discrimination based on race, ethnicity, religion, gender, sexual orientation, disability, or other protected statuses.

• Violation of Local, National, or International Laws: You must comply with all applicable local, national, and international laws, regulations, and treaties when using the Services. This includes laws governing the transmission of content, export restrictions, privacy protections, and anti-terrorism laws. Users are solely responsible for ensuring that their use of the Services does not violate any applicable law.

Violation of these prohibitions may result in, but is not limited to:

1. Immediate removal of the offending content.

2. Temporary suspension of account access.

3. Permanent termination of the user account.

4. Notification of appropriate law enforcement agencies or authorities.

5. Civil or criminal legal action, including the pursuit of damages, restitution, or criminal penalties where applicable.

Pologram reserves the right to take immediate action to suspend or terminate user accounts, remove content, and cooperate with law enforcement or other authorities if we reasonably believe a user is involved in illegal or harmful activities.

8. User Indemnification & Defense

Indemnity: You agree to indemnify, defend and hold harmless Pologram and its officers, directors, employees, agents, contractors, affiliates, successors and assigns (the “Pologram Parties”) from and against all third‑party claims, liabilities, losses, damages, costs and expenses (including reasonable attorneys’ fees and court costs) arising out of or related to: (a) your UGC; (b) your violation of these Terms; (c) your breach of representations or warranties; (d) your use of the Services; and (e) any claim that your actions caused damage to a third party.

Defense Control: Pologram may, at its option, assume the exclusive defense and control of any matter subject to indemnification by you. You will cooperate as requested by Pologram in the defense of any claim. You may not settle any claim in a manner that imposes liability on Pologram without Pologram’s prior written consent.

9. Disclaimers & Warranties

THE SERVICES, INCLUDING ALL UGC, ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, POLOGRAM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, AND NON-INFRINGEMENT. POLOGRAM DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, FREE FROM ERRORS, OR THAT ANY DEFECTS WILL BE CORRECTED.

10. Limitation of Liability & Damage Cap

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL POLOGRAM, ITS AFFILIATES OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF PROFITS, REVENUE, BUSINESS, GOODWILL OR DATA) ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Aggregate Cap: EXCEPT WHERE PROHIBITED BY LAW, POLOGRAM’S AGGREGATE LIABILITY FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE GREATER OF (A) ONE HUNDRED DOLLARS (US $100), OR (B) THE AMOUNT ACTUALLY PAID BY YOU TO POLOGRAM IN THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO LIABILITY.

Some jurisdictions do not allow the exclusion or limitation of certain damages. If applicable law does not permit disclaimers or limitations contained herein, such provisions will apply to the fullest extent permitted by law.

11. Dispute Resolution — Arbitration & Waiver of Class Actions

Agreement to Arbitrate: Except where prohibited by applicable law, you and Pologram agree to resolve disputes through final and binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. The arbitration will be conducted in English, and the seat/place of arbitration will be Wilmington, Delaware or another location chosen by Pologram. Each party will bear its own costs; Pologram will comply with applicable rules concerning fees and cost-shifting.

No Class Actions: YOU AND POLOGRAM AGREE THAT ALL DISPUTES WILL BE RESOLVED ON AN INDIVIDUAL BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AND POLOGRAM WAIVE THE RIGHT TO PARTICIPATE IN CLASS, COLLECTIVE OR REPRESENTATIVE ACTIONS OR TO BRING CLAIMS ON A PROCEEDING WITH OTHER PERSONS’ CLAIMS. IF THIS CLASS ACTION WAIVER IS FOUND UNENFORCEABLE, THEN THE ENTIRE ARBITRATION CLAUSE WILL BE DEEMED VOID.

Opt-Out: You may opt-out of arbitration by sending written notice to opt-out@pologram.org within thirty (30) days of first registering for the Services. If you opt out, the remainder of this arbitration section will not apply to you.

12. Termination, Suspension & Account Actions

We may suspend, limit, or terminate your account or access to the Services for violation of these Terms, suspected illegal activity, security risks, or at our sole discretion. We may preserve certain data as required by law or for legitimate business purposes (including fraud prevention and dispute resolution).

13. Data Retention, Preservation & Legal Holds

We may retain copies of UGC, logs, and metadata for operational, security, analytics, and legal compliance purposes. If required by subpoena, court order, or legal hold process, we may retain data beyond standard retention periods and disclose it to legal authorities as required.

14. Export Controls

You will comply with all export and import laws and regulations, including U.S. export control laws and economic sanctions. You represent that you are not located in, under the control of, or a national of any country subject to U.S. trade embargoes or sanctions.

15. Governing Law & Venue

These Terms are governed by the laws of the State of Delaware, without regard to its conflict-of-law provisions. Subject to the arbitration clause above, the state and federal courts located in New Castle County, Delaware are the exclusive venue for any action for which arbitration is not available or applicable.

16. Changes to Terms

We may modify these Terms at any time. For material changes, we will provide reasonable notice (e.g., email or in-app notification). Continued use following notice constitutes acceptance of the updated Terms. If you do not agree with the revised Terms, you must stop using the Services.

17. Miscellaneous

• Severability: If any provision is invalid, unenforceable, or illegal, the remaining terms will remain in effect to the fullest extent permitted.
• Entire Agreement: These Terms, Privacy Policy, and Community Guidelines constitute the entire agreement between you and Pologram regarding the Services.
• Assignment: Pologram may assign these Terms and its rights hereunder to any successor or affiliate. You may not assign your rights without prior written consent.

Contact

Email legal inquiries to: legal@pologram.org