Terms of Service

1. The agreement

If you are agreeing to these terms for an organisation, you confirm you have authority to bind that organisation, and “you” means that organisation. If your organisation has signed a separate written agreement with us, that agreement governs where it conflicts with these terms.

Our Privacy Policy is part of this agreement and explains how we handle information.

2. Accounts and eligibility

• You must be at least 16 to use the Service, and able to form a binding contract.
• Give accurate account information and keep it current.
• You are responsible for your credentials and for everything that happens under your account. Tell us promptly at say@hellopogo.com if you suspect unauthorised access.
• If your workspace has administrators, they can access, change and delete content in it, add and remove members, and see usage information. Where your account was created for you by an organisation, that organisation controls it.

3. Plans, trials and billing

Plans

The Service is offered on a Free plan and on paid Standard, Pro and Enterprise plans. Paid plans are priced per person, per month, and the current prices and limits are those shown on our pricing page. The Free plan is limited to one project and five screens.

Trials

Paid plans include a 14-day trial. We will not charge you during the trial and you do not need to provide a card to start one. At the end of the trial you may choose a paid plan or remain on the Free plan. Nothing is charged unless you choose a paid plan.

Billing

• Paid subscriptions renew automatically for the period you selected — monthly or annually — until you cancel.
• You can cancel at any time from your account settings. Cancellation takes effect at the end of your current billing period, and you keep access until then.
• Fees are exclusive of taxes. You are responsible for any sales, use, VAT or similar taxes, except taxes on our income.
• If you add seats mid-period, we charge for them pro rata. If you remove seats, the change applies at your next renewal.
• Except where the law requires otherwise, payments are non-refundable and we do not refund partial periods.
• We may change prices. For existing subscriptions we will give at least 30 days’ notice, and the change applies from your next renewal. If you do not accept a price change, you may cancel before it takes effect.
• If a payment fails we may retry it and may suspend the account if it remains unpaid.

4. The Chrome extension

We grant you a personal, non-exclusive, non-transferable, revocable licence to install and use the Ask Pogo Chrome extension to use the Service. You may not reverse engineer, decompile or modify it, or distribute a modified version, except where the law says you may despite this restriction.

The extension captures only when you press capture, and captures only a screenshot of the visible area of the tab you are on, plus microphone audio if you choose to record narration. Your use of the extension is also subject to Google’s Chrome Web Store terms. We may update the extension automatically to keep it working and secure.

5. Your content

You own your content. Recordings, screenshots, audio, transcripts and documentation you create with the Service remain yours. We claim no ownership of them.

You grant us a worldwide, non-exclusive, royalty-free licence to host, store, copy, transmit, adapt and display your content, solely to operate and provide the Service to you — for example to generate documentation from a recording, to publish a document you choose to publish, and to answer questions from it through the chat widget. This licence exists only so we can run the Service, ends when you delete the content or close your account, and does not let us use your content for anything else.

You confirm you have the rights necessary to give us that licence for everything you upload or record.

You are responsible for keeping your own copies of anything important. While we take backups, we are not a backup service.

6. Acceptable use and recording consent

You must not use the Service to:

• record or capture any person, screen, document or system you do not have the right or the necessary consent to record;
• capture, upload or process special category or sensitive personal data — including health, biometric, financial account, government identification or children’s data — unless you have a lawful basis and have agreed appropriate terms with us in writing;
• break any law, or infringe anyone’s privacy or intellectual property rights;
• upload malware, or attempt to gain unauthorised access to the Service or to any other user’s workspace;
• probe, scan or load-test the Service without our written permission;
• resell, sublicense or provide the Service to third parties as a service of your own, unless we have agreed in writing;
• use the Service to build a competing product, or to scrape or extract our software;
• publish content that is unlawful, defamatory, harassing, or that promotes harm; or
• circumvent plan limits, seat counts or usage restrictions.

If your use threatens the security, stability or integrity of the Service, we may act immediately to protect it, including by suspending access.

7. AI-generated output

The Service uses automated systems to turn your recordings into documentation and to regenerate documentation when it detects that a screen has changed.

Output is not legal, financial, medical or professional advice. Similar inputs may produce similar outputs for other customers, and we make no claim that output is unique. As between you and us, and to the extent output is capable of ownership, output generated from your content is yours.

8. The chat widget

If you embed the chat widget on your website, you are responsible for disclosing its presence to your visitors, for having a lawful basis to process what they enter, and for the content of the documentation it answers from. The widget answers from documentation you have published; it can be wrong for the same reasons set out in section 7.

9. Availability and changes

We aim to keep the Service available but we do not promise it will be uninterrupted or error-free, and no service level applies unless we have agreed one with you in writing.

We may change, add or remove features. If we discontinue a material feature or the Service itself, we will give reasonable prior notice where we can, and will give you a period to export your content.

We may update these terms. For material changes we will give notice in the application or by email before they take effect. Continuing to use the Service after that means you accept the updated terms; if you do not accept them, stop using the Service and cancel.

10. Our intellectual property

The Service, our software, the extension, and the HelloPogo name and marks are owned by us and our licensors. These terms grant you a right to use the Service, not any ownership of it. Feedback you send us may be used freely and without obligation to you.

11. Confidentiality

Each of us may receive information from the other that is marked confidential or would reasonably be understood to be. Each of us will protect the other’s confidential information with at least reasonable care and use it only for this agreement. This does not apply to information that is public through no fault of the recipient, independently developed, or lawfully received from a third party, and does not prevent disclosure required by law.

12. Third-party services

The Service integrates with third-party products, including Google Sign-In and our payment processor. Your use of those is governed by their terms, and we are not responsible for them. If a third-party service changes or becomes unavailable, related features may stop working.

13. Suspension and termination

You may stop using the Service and close your account at any time.

We may suspend or terminate your access if you materially breach these terms, if your payment remains unpaid, if we are required to by law, or if your use presents a security or legal risk. Except where a breach is serious or we are legally prevented, we will give you notice and a reasonable chance to fix the problem first.

After termination, you will have 30 days to export your content, after which we may delete it in line with the retention periods in our Privacy Policy. Sections 5, 10, 11, 14, 15, 16, 17 and 18 survive termination.

14. Disclaimers

To the fullest extent permitted by law, the Service is provided “as is” and “as available”, and we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, non-infringement, and any warranty as to the accuracy or completeness of generated documentation.

Nothing in these terms excludes or limits liability that cannot lawfully be excluded — including for death or personal injury caused by negligence, or for fraud. If you are a consumer, you keep your statutory rights.

15. Limitation of liability

To the fullest extent permitted by law, neither party is liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue, goodwill or data, even if advised of the possibility.

Our total aggregate liability arising out of or relating to this agreement is limited to the greater of (a) the fees you paid us in the twelve months before the event giving rise to the claim, or (b) one hundred US dollars (US$100).

These limits do not apply to your obligation to pay fees, to either party’s indemnity obligations, or to liability that cannot lawfully be limited.

16. Indemnity

You will defend and indemnify us against claims, damages and reasonable costs arising from your content, your use of the Service in breach of these terms, or your failure to obtain a consent or legal basis required to record or process what you captured. We will notify you of any such claim and let you control the defence, provided any settlement releases us fully.

17. Governing law and disputes

This agreement is governed by the laws of the State of Georgia, USA, without regard to conflict-of-laws rules. The courts of the state and federal courts located in Fulton County, Georgia have exclusive jurisdiction, except that either party may seek injunctive relief in any court of competent jurisdiction to protect its intellectual property or confidential information.

If you are a consumer resident in the EU or UK, you keep the protection of the mandatory laws of your country of residence and may bring proceedings there.

Before starting formal proceedings, please contact say@hellopogo.com so we can try to resolve the matter.

18. General

• These terms and our Privacy Policy are the entire agreement between us about the Service.
• If a provision is held unenforceable, the rest remains in force.
• Not enforcing a right is not a waiver of it.
• You may not assign this agreement without our consent. We may assign it as part of a merger, acquisition or sale of assets.
• There are no third-party beneficiaries.
• Neither party is liable for failure to perform caused by events beyond its reasonable control.
• We are independent contractors; nothing here creates a partnership, agency or employment relationship.

19. Contact

Legal notices: say@hellopogo.com
Support: say@hellopogo.com

LovenFame Technologies LLC
8735 Dunwoody Place, Suite 12209, Atlanta, GA 30350, USA