TERMS OF SERVICE
Effective Date: Sept. 9, 2026
1.0 ACCEPTANCE OF TERMS
1.1 Agreement to Terms.
These Terms of Service (these "Terms") form a binding agreement between you - acting for yourself or for an entity ("you" or "User") - and the operator of Pogo ("we," "us," or "our"), and what they govern is your access to the Pogo mobile application together with any related software, digital content, interactive features, or services (collectively, the "Services"). Downloading, installing, opening, or using the Services each counts as your acknowledgement that these Terms have been read, that they are understood, and that they are accepted. Anyone who does not accept them has no permission to use the Services and must stop at once.
1.2 Age Requirement.
Nobody below eighteen (18) is within the intended audience for the Services, and nobody below that age may use them. Using them amounts to your representation and warranty that you have reached eighteen (18). Where we reasonably believe a person has not, access may be refused.
1.3 False Age Statement.
Giving an age that is not your own is a material breach of these Terms. Where we learn that an account belongs to someone below the required age, we may close it and erase its records, at our discretion and without notice.
2.0 LICENSE GRANT AND RESTRICTIONS
2.1 Limited License.
While you remain in compliance with these Terms, a licence is given to you - limited, non-exclusive, non-transferable, non-sublicensable, and revocable - to download one copy of the Services, install it, and run it on a single iPhone or iPad that you own or control, for your own personal purposes, which must not be commercial.
2.2 Restrictions.
You agree not to, and you will not permit others to:
3.0 USER-GENERATED CONTENT (UGC)
3.1 Definition.
"User-Generated Content" covers everything you put into the Services or make visible there: writing, pictures, sound, video, records, notes passed to fellow users, check-in logs, posts published for others to see, and any other material of yours that reaches the Services.
3.2 Responsibility.
You are solely responsible for your UGC and the consequences of publishing it. You represent and warrant that your UGC does not violate any applicable laws, regulations, or third-party rights, including intellectual property or privacy rights.
3.3 Prohibited Content.
You agree not to submit UGC that is unlawful, defamatory, obscene, harassing, discriminatory, sexually explicit, depicts self-harm, or is otherwise objectionable as determined by us in our sole discretion.
3.4 License to Us.
By submitting UGC, you grant us a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, transferable, and sublicensable license to use, reproduce, modify, adapt, publish, translate, distribute, and display such UGC in connection with operating and improving the Services.
3.5 Monitoring and Removal.
We have no obligation to monitor UGC, but we reserve the right to review, reject, or remove any UGC at any time, without prior notice and in our sole discretion.
3.6 Alert and Shut-Out Controls.
Objectionable UGC and abusive behaviour are not welcome anywhere in the Services. Two controls are available to you:
Sending an alert leaves us with a choice and never a duty. Whether it is read, answered, examined, or acted upon is entirely a matter for us. No assurance is offered about what the outcome will be, about how long anything will take, or about the standard that will be applied; and no liability attaches either to acting or to holding back. Any step taken - UGC removed, an account closed - is ours alone to decide.
3.7 Contact Between Users.
Messages pass from one user to another, and shared activities can be joined. What is said and done in them belongs to those taking part: their own judgement, their own risk. Nothing about any user is checked by us - not who they are, not how old they are, not what they say about themselves, not what they have done before, not how they behave. We stand behind no user and take no part in any exchange. Financial details, account credentials, government identification numbers, your home address: keep all of it to yourself. And nothing that arises between users - a quarrel, a message that wounds, an arrangement gone wrong, a loss, inside the Services or beyond them - is ours to answer for.
4.0 ACHIEVEMENT ITEMS
4.1 What They Are.
Badges, sticker packs, keepsake cards, cards for paired activities, theme cards, and items of a like kind inside the application are called "Achievement Items" together. Play may bring you one; so may an unlock, or a milestone reached.
4.2 Licence, Not Sale.
You never take ownership of an Achievement Item. What you hold is permission to display and use it inside the Services - personal to you, revocable by us at any time, and not capable of being passed to anyone else.
4.3 No Cash Value.
No money value attaches to an Achievement Item. It is not cash, not property you own, and not a financial product; nothing beyond the Services can be had in exchange for one. Nor may one be sold, swapped, handed over, or given away for value outside the Services - any such dealing is void.
4.4 Our Discretion.
We may change, limit, replace, set an expiry for, or withdraw any Achievement Item at any time at our discretion, without liability, and with no substitute owed to you.
4.5 Loss on Closure.
When an account is closed, suspended, or terminated, every Achievement Item attached to it ceases to exist.
5.0 DEVICE PERMISSIONS AND LOCATION
5.1 Photo Library and Storage.
Two occasions bring this permission up, and no others: a picture of yours entering the Services, and a visual assembled for you going back out to your device. Only that single file is touched; nothing else you hold on the device is indexed or swept.
5.2 Camera.
The camera is asked for on one occasion alone: a new picture you have decided to take without leaving the application. At no other time is anything captured through it.
5.3 Push Notifications.
Reminders, alerts about activity, and announcements about the service reach you through this channel; it is switched off again whenever you wish, in your device settings.
5.4 Location.
Where a feature needs to know where you are, the permission is asked for at that point and used for that feature alone. Precise location is what is used. Giving it is optional: refuse, and the location may be entered by hand instead - a city, a neighborhood, or a ZIP code - and the feature then works from what you typed. No reading of your whereabouts happens in the background, and once the app is shut, nothing further about where you are is taken.
6.0 ARTIFICIAL INTELLIGENCE (AI) DISCLAIMER
6.1 AI Features.
The Services may include or integrate artificial intelligence, machine learning, or generative AI tools ("AI Features").
6.2 No Warranty.
The AI Features come "as is". No promise is made that what they turn out will be accurate, or complete, or dependable, or fit for any purpose in particular. Errors, biases, and material that offends may all appear in what they produce.
6.3 User Responsibility.
You acknowledge that you are solely responsible for verifying any information or content generated by AI Features before relying upon it. You agree not to hold us liable for any decisions made or actions taken based on AI-generated content.
6.4 The Characters Are Not Real.
Every creature, companion, and figure met inside the Services has been invented, and software is what produces it. No person is behind any of them. Nobody is watching while you use one. Awareness, feeling, recollection, and judgement are absent from all of them. Where warmth or personality seems to show, that is a calculated effect and nothing else.
6.5 Emergencies.
Entertainment and ordinary companionship are what the Services exist to provide. Nothing they turn out amounts to advice of a professional kind, and using them creates no professional relationship between you and anybody. Where a medical crisis or a mental-health crisis is under way, or somebody may come to harm, get in touch with the emergency services where you are, or with a suitably qualified professional, without delay. A crisis is not what the Services were made for, and in one they must not be relied upon.
6.6 Images the Services Make.
A commemorative picture, a piece of keepsake artwork, or a graphic of a comparable sort may be put together by the Services from the records and the material you supply, and the chance to save one, or to export it onto your device, may be offered to you. Everything underneath such a piece - the models, the templates, the character designs, the artwork - remains ours. An exported file is good, in your hands, for private ends that are not commercial and for nothing more. The putting-together runs automatically, so no piece is promised to be unique, and something very like it may reach a fellow user. Once you have saved such a file, sent it on, published it, or copied it, the consequences are yours to carry, the question of whose rights it touches among them.
7.0 AVAILABILITY AND CHANGES TO THE SERVICES
Whatever the Services contain - a feature, an activity, an event, a character, a section - may be added to, reworked, narrowed, paused, or removed altogether whenever we judge it right, and nothing needs to be said beforehand. There will also be stretches when the Services cannot be reached at all: maintenance explains some, faults and network conditions others, and events beyond our reasonable control the rest. Nothing is promised about how long anything stays available, and none of it leaves us owing a debt to you or to anybody else.
8.0 DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA) NOTICE
8.1 Copyright Infringement.
The intellectual property of other people is respected here, and the same is expected of every user. Where something on the Services looks to you like an infringement of your copyright, a written DMCA notice may be sent to our designated agent at pogoiosfeedback@pogobogo.com.
8.2 Notice Requirements.
Six things belong in the notice. Your signature, on paper or electronic. The protected work you say has been infringed. The material you say infringes it. How we can reach you. Your statement that you believe in good faith the use was never authorised. And your statement, sworn on penalty of perjury, that what you have set out is accurate and that you act either as the copyright owner or on that owner's authority.
8.3 Counter-Notice.
Where UGC of yours has come down and you take that to have been an error, or to have been aimed at the wrong material, a counter-notice may be sent to pogoiosfeedback@pogobogo.com carrying what the DMCA asks for.
8.4 What May Follow.
A notice may lead us to take the material down or shut off access to it, and to tell whoever posted it. A counter-notice may be handed to whoever complained, and what was taken down may go back up. Where a user appears to infringe again and again, the account may be closed. No duty to anybody is created by any of it.
9.0 APPLE APP STORE
9.1 When This Applies.
This Section 9.0 has effect only where the application reached you through the Apple App Store. You and we are the only parties to these Terms. Apple Inc. ("Apple") is not among them, and nothing about the application, or about what it holds, is for Apple to answer.
9.2 Scope of Use.
The application runs on Apple-branded hardware that you own or control, under iOS or iPadOS. How far that permission reaches is fixed by Apple's Usage Rules in its Media Services Terms and Conditions. Nobody but you takes the benefit of it.
9.3 Support and Warranty.
No maintenance is owed by Apple in respect of the application, and no support either. Where the application fails to meet a warranty that covers it, Apple may be told; beyond that point, no further warranty obligation lies with Apple as regards the application, so far as the law allows.
9.4 Claims.
No claim about the application - whether brought by you or by somebody else - is Apple's to handle. Product liability claims are among them, and so are claims that the application misses a legal or regulatory requirement, and claims brought under consumer protection law or anything similar. Nor does Apple answer for looking into, defending, settling, or discharging a claim by a third party that the application infringes that party's intellectual property, or that your having and using it does.
9.5 Export.
Two things are confirmed by your acceptance, both about where you stand: the country you are in is free of any embargo the United States Government imposes and has never been marked by it as a sponsor of terrorism, and your name is absent from the lists of prohibited and restricted parties that Government keeps.
9.6 Apple as Beneficiary.
Apple and its subsidiaries stand as third-party beneficiaries of these Terms, and once you accept them Apple may enforce them against you in that capacity.
10.0 DISCLAIMERS
10.1 AS IS / AS AVAILABLE.
THE SERVICES - ALL DIGITAL CONTENT AND INTERACTIVE FEATURES INCLUDED - REACH YOU IN THE STATE THEY ARE IN, AND AS AND WHEN THEY ARE AVAILABLE. NO PROMISE OF ANY KIND, WHETHER STATED OR IMPLIED, COMES WITH THEM. WHAT THE LAW WOULD OTHERWISE IMPLY ABOUT MERCHANTABILITY, ABOUT FITNESS FOR A PARTICULAR PURPOSE, AND ABOUT NON-INFRINGEMENT IS EXPRESSLY LEFT OUT.
10.2 NO PROFESSIONAL ADVICE.
NOTHING IN THE SERVICES CONSTITUTES PROFESSIONAL, LEGAL, FINANCIAL, OR MEDICAL ADVICE. ALWAYS SEEK THE ADVICE OF A QUALIFIED PROFESSIONAL WITH RESPECT TO ANY SPECIFIC QUESTIONS YOU MAY HAVE.
10.3 OTHER USERS.
NO UNDERTAKING IS GIVEN ABOUT FELLOW USERS: NOT THAT WHAT THEY PUBLISH IS TRUE, LAWFUL, OR INOFFENSIVE; NOT THAT ANYTHING OFFENSIVE WILL BE FOUND AND PULLED; NOT THAT ANY OF THEM WILL KEEP TO THESE TERMS.
11.0 LIMITATION OF LIABILITY
SO FAR AS THE LAW ALLOWS, NEITHER WE NOR OUR AFFILIATES, DIRECTORS, EMPLOYEES OR AGENTS CARRY LIABILITY FOR DAMAGES THAT ARE INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE - LOST PROFITS, LOST DATA, LOST USE, LOST GOODWILL AND OTHER INTANGIBLE LOSSES AMONG THEM - WHERE THEY FOLLOW FROM: (A) REACHING THE SERVICES, USING THEM, OR BEING UNABLE TO DO EITHER; (B) WHAT A THIRD PARTY OR A FELLOW USER DOES OR POSTS THROUGH THEM; (C) ANYTHING THE AI FEATURES PRODUCE; (D) AN ACHIEVEMENT ITEM BEING LOST, EXPIRING OR BEING CANCELLED; OR (E) YOUR TRANSMISSIONS OR CONTENT BEING REACHED, USED OR ALTERED WITHOUT AUTHORITY. WHATEVER THE CLAIM, OUR TOTAL LIABILITY STOPS AT ONE HUNDRED U.S. DOLLARS.
WHERE THE LAW OF A PARTICULAR STATE DOES NOT ALLOW AN EXCLUSION OF WARRANTY OR A CAP ON DAMAGES OF THE KIND SET OUT ABOVE, THOSE EXCLUSIONS AND CAPS APPLY THERE ONLY SO FAR AS THAT LAW ALLOWS.
12.0 INDEMNIFICATION
You agree to stand behind Pogo - and its officers, its directors, its employees, and its agents with it - defending it, indemnifying it, and holding it harmless in respect of each claim brought, each demand made, each loss suffered, each liability incurred, each damage awarded, and each cost or expense run up, reasonable attorneys' fees among them, that grows out of: (a) your reaching or using the Services; (b) your UGC; (c) your breach of any part of these Terms; (d) your infringement of any right held by somebody else, a copyright, a property right, or a privacy right among them; (e) any claim that your UGC harmed a third party; or (f) anything arising between you and another user.
13.0 GOVERNING LAW AND DISPUTE RESOLUTION
13.1 Governing Law.
Delaware law applies here: both to these Terms and to your use of the Services, read and enforced as the law of that State provides, and with that State's conflict of law principles set aside.
13.2 Talk to Us First.
Before any arbitration begins, send us a written account of what the dispute is and what you want done about it, to pogoiosfeedback@pogobogo.com, and give us thirty (30) days from that notice to settle the matter informally and in good faith.
13.3 Binding Individual Arbitration.
A DISPUTE, CLAIM, OR CONTROVERSY ABOUT THESE TERMS OR THE SERVICES IS ARBITRATED BETWEEN YOU AND Pogo AS INDIVIDUALS, NOT LITIGATED IN COURT. THE AMERICAN ARBITRATION ASSOCIATION ("AAA") RUNS THE ARBITRATION, USING ITS CONSUMER ARBITRATION RULES. ONE EXCEPTION STANDS OPEN: A QUALIFYING CLAIM MAY GO TO SMALL CLAIMS COURT INSTEAD. ONE ARBITRATOR HEARS THE MATTER, IN ENGLISH, ON PAPERS THAT ARE FILED OR BY TELEPHONE OR VIDEOCONFERENCE; SHOULD THAT ARBITRATOR CONSIDER A HEARING IN PERSON NECESSARY, IT IS HELD WHERE IT IS REASONABLY CONVENIENT FOR YOU. A COURT WITH JURISDICTION MAY ENTER JUDGMENT ON THE AWARD.
13.4 Class Action and Jury Trial Waiver.
EACH OF YOU AND Pogo MAY BRING A CLAIM AGAINST THE OTHER ONLY ALONE - NOT AS A PLAINTIFF, AND NOT AS A MEMBER, IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. EACH SIDE ALSO GIVES UP ANY RIGHT TO HAVE A JURY DECIDE A DISPUTE ABOUT THESE TERMS.
13.5 Opt-Out.
You may opt out of this arbitration agreement within thirty (30) days of your first use of the Services by sending a written notice to pogoiosfeedback@pogobogo.com stating your intent to opt out.
13.6 If Part of This Section Fails.
If any part of this Section 13.0 is held unenforceable, the rest continues to apply; but if the waiver of class and representative proceedings is held unenforceable, this Section 13.0 is void in its entirety.
14.0 TERMINATION
14.1 By You.
An account may be deleted at any moment, from inside the Services, through the account deletion option in your account settings. Nothing needs to be sent to us, and nothing needs to be done outside the application. Once deleted, the account cannot be brought back. Four things lie outside what deletion reaches: records we may keep or must keep for reasons of law, tax, security, fraud prevention, disputes, or enforcement; backup and archival copies waiting to be overwritten in the ordinary course; material already sent to another user, which stays with that person; and records that have been turned into aggregates, or had the identifiers taken out of them, so that no individual can be picked out. Every Achievement Item on the account ends with it. Removing the application from your device does not, by itself, delete the account.
14.2 By Us.
Where you breach any part of these Terms, or for any other reason we judge sufficient at our sole discretion, your access may be suspended or ended at once and without notice. The licence you hold stops with it; every Achievement Item is cancelled with it; and every copy of the application must come off your devices.
14.3 What Survives.
Sections 2.2, 3.2, 3.4, 3.7, 4.0, 5.0, 6.0, 7.0, 10.0, 11.0, 12.0, 13.0, and 15.0 continue to apply after any termination.
15.0 GENERAL PROVISIONS
15.1 Changes to Terms.
These Terms may be revised by us at any moment. Where a change matters, word of it reaches you through the Services, or through a fresh "Last Updated" date. Using the Services after that point is taken as acceptance of what has been revised.
15.2 Severability.
One provision held invalid or unenforceable takes nothing else down with it; the rest go on applying exactly as before.
15.3 No Waiver.
Where a right or a provision of these Terms goes unenforced by us, nothing is given up by that - the right and the provision both remain, and may be enforced later.
15.4 Assignment.
These Terms, and every right they give you, stay with you: neither may be handed on or made over to another. On our side there is no such restriction, and an assignment by us, whole or partial, may be made without notice to you.
15.5 Third-Party Services.
Other people's systems sit behind and alongside the Services: Apple's App Store, a sign-in provider, an infrastructure supplier. Not one of them answers to us. What each of them puts out, what each does with data, how reliably each stays up, and how each conducts itself are matters we take no responsibility for.
15.6 Contact Information.
If you have any questions about these Terms, please contact us at pogoiosfeedback@pogobogo.com.