Terms of Service.

1. Agreement to these Terms

MediaPond is operated by Trout Pond, LLC, a Florida limited liability company ("Trout Pond", "MediaPond", "we", "us" or "our"). We make a mobile application that turns a phone or tablet into a remote and media hub for the devices in your home, and we publish this website at mediapond.io.

These Terms of Service (the "Terms") form a binding agreement between you and Trout Pond, LLC, and they govern your use of this website and, when it is released, the MediaPond mobile application, together with every related service and feature (together, the "Service").

By using this website, or by downloading, installing or using the app once it is available, you agree to these Terms and to our Privacy Policy, which is incorporated into these Terms by reference. If you do not agree with any part of these Terms, please do not use the Service.

2. Who may use MediaPond

You may use the Service only if you can form a binding contract with us and only in compliance with these Terms and all applicable laws. If you are under the age of majority where you live, you may use the Service only with the involvement of a parent or guardian who agrees to these Terms on your behalf.

MediaPond does not currently have user accounts, so there is no registration step and no MediaPond profile. If we introduce accounts later, additional terms may apply and we will make them available before you sign up.

3. Personal, non-commercial use

MediaPond is licensed to you for personal, non-commercial use. Subject to these Terms, we grant you a limited, revocable, non-exclusive, non-transferable and non-sublicensable license to install and use the app on devices you own or control, and to use this website, for the purpose of controlling media devices in a residence you occupy. We reserve all rights not expressly granted to you.

Unless you have a separate written agreement with us, you may not:

• Deploy the Service as a control system for a hotel, bar, restaurant, retail space, showroom, place of worship, office, rental property managed as a business, or any other commercial or institutional installation.
• Sell, resell, sublicense, rent, lease or otherwise commercialize the Service or access to it.
• Scrape, crawl, harvest or bulk-export data from the Service or from this website by automated means, or redistribute any data obtained from it.
• Use the Service, or anything it produces, to develop, train or improve a competing product, model or service.

If you would like to use MediaPond in a commercial setting, we would genuinely like to hear about it. Write to hello@mediapond.io, because that use simply requires a separate license from us first.

4. Acceptable use

When using the Service you agree that you will not:

• Control, or attempt to control, devices you do not own or are not authorized to operate, or use the Service on a network you do not have permission to use.
• Reverse engineer, decompile or disassemble the Service, except where that restriction is prohibited by applicable law, or probe or test its security or the security of the systems it connects to.
• Circumvent access controls or rate limits, introduce malware, or otherwise interfere with or place undue load on the Service, on this website, or on any device or service the Service communicates with.
• Use the Service to infringe the rights of others, to access content you are not entitled to access, or to breach the terms of any streaming service, device manufacturer or content provider.
• Use bots, scrapers or other automated means to access this website, except through features we expressly provide for that purpose.
• Misrepresent your affiliation with us or with any device or service brand.

We may investigate suspected violations and take whatever action we consider appropriate, including limiting features and terminating your license, with or without prior notice.

5. Device and service compatibility

MediaPond controls hardware and software made by other companies. It communicates with those products over your local network using the interfaces those manufacturers expose, and it depends on their hardware, firmware, applications, network configuration and network conditions, none of which are within our control.

A manufacturer or service provider can change, restrict, break or discontinue those interfaces at any time, without notice to us. The list of devices and services MediaPond currently supports can change for that reason and for others, and we do not promise that any particular device, model, firmware version, feature, application or service will work, will keep working, or will behave the same way over time.

Descriptions of what the Service can do on this website and in the app refer to devices and models we currently support, under typical conditions, and they are descriptions rather than warranties or commitments. Features may be added, changed or removed as the products we work with change.

6. Content launching and playback are best effort

Opening a specific title inside a streaming application depends on what each device platform and each application allows. Where direct launching is not available, MediaPond may open the application itself instead of the title you selected. We make a good-faith, best-effort attempt and we do not guarantee any particular outcome.

Streaming content requires your own subscriptions and accounts with the relevant services, and availability varies by service, device, region and the rights those services hold. MediaPond hosts no content, provides no content, and grants you no rights to any content. Information about where a title can be watched comes from catalog sources and may be incomplete or out of date.

7. Your network, your devices, your accounts

You are responsible for the network you use the Service on, for the devices you add to it, and for any third-party accounts or credentials you choose to connect, including media servers, streaming accounts and home automation systems. You are responsible for keeping those credentials secure and for complying with the terms of those services.

Pairing a device with MediaPond gives the app the ability to send commands to that device. Anyone with access to a phone or tablet running MediaPond, and access to your network, may therefore be able to control those devices, so treat the app the way you would treat a physical remote for the same equipment.

8. Not a safety or critical control system

MediaPond is a convenience for entertainment devices and lighting. It is not designed, tested or offered for safety, security, medical, industrial, emergency or any other critical purpose, and it must not be relied on for one. Do not use the Service where a failure to send, receive or carry out a command could result in injury, property damage or other harm, and always keep an alternative means of controlling anything that matters.

9. No affiliation with device or service brands

Device, platform and service names used on this website and in the app are the trademarks of their respective owners and are used for identification only. MediaPond is an independent product. We are not endorsed by, affiliated with, sponsored by, or acting as an agent of any device manufacturer, streaming service, platform operator or other brand referred to on this site.

10. Third-party services and links

The Service depends on third parties, including device manufacturers, streaming services, catalog and metadata sources, cloud hosting for our own catalog service, and the Apple App Store and Google Play. Their products are governed by their own terms and privacy policies, and you are responsible for reading and complying with those.

We are not responsible for the acts, omissions, availability, accuracy, security or content of any third party, and we are not liable for loss arising from their failure, downtime, pricing changes or discontinuation. This website and the app may link to third-party sites, which we neither control nor endorse.

11. This website sets no cookies and does not track you

The mediapond.io website does not use cookies and does not track you. It was built that way deliberately. On this website we do not:

• Set cookies of any kind, first-party or third-party.
• Use analytics, advertising or attribution services, tracking pixels, web beacons, session recording, heatmaps or device fingerprinting.
• Load third-party scripts, embedded trackers, social widgets or advertising code. Our fonts, styles, scripts and images are served from our own domain, so no outside company observes your visit.
• Store your browsing activity in your browser, or build any profile, history or advertising identifier about you.
• Sell, rent or share personal information, or serve targeted advertising anywhere on the site.

Because there are no cookies and no trackers, there is no cookie banner here and no tracking consent to give or withdraw. The only information you send us is what you deliberately submit, such as an email you write to us. As with any website, the servers that deliver these pages necessarily process basic connection information such as your IP address and browser type in order to send you the page and to protect the site from abuse, and we do not use that information to profile or identify you.

The app is a separate matter, and how it handles information is described in our Privacy Policy. In short, control traffic stays on your local network, there is no MediaPond account behind it, and the advertising carried by the free tier arrives with its own disclosures inside the app.

12. Apple App Store and Google Play

If you obtain the app from the Apple App Store, the following applies. These Terms are between you and Trout Pond, LLC only, not with Apple, and Trout Pond, LLC alone is responsible for the app and its content. Apple has no obligation to furnish any maintenance or support for the app. In the event the app fails to conform to any applicable warranty, you may notify Apple, and Apple may refund the purchase price you paid, if any. To the maximum extent permitted by law, Apple has no other warranty obligation whatsoever with respect to the app.

Trout Pond, LLC, not Apple, is responsible for addressing any claim relating to the app, including product liability claims, any claim that the app fails to conform to a legal or regulatory requirement, claims arising under consumer protection or similar legislation, and third-party claims that the app infringes intellectual property rights. You represent that you are not located in a country subject to a U.S. Government embargo or designated as a "terrorist supporting" country, and that you are not listed on any U.S. Government list of prohibited or restricted parties. Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.

If you obtain the app from Google Play, your use is also subject to the Google Play Terms of Service, and Google is not a party to these Terms and has no responsibility for the app. You must also comply with any applicable third-party terms, including your wireless carrier's data plan.

13. Availability, changes to the Service, fees and advertising

We may add, change, limit, suspend or discontinue any part of the Service at any time, with or without notice, and without liability to you. Some features may be offered as beta or experimental, may behave unpredictably, and may be withdrawn.

MediaPond is expected to offer a free tier together with an optional paid subscription sold through the Apple App Store and Google Play. Prices, tiers and the features included in each are subject to change before release and afterwards, and any price described on this website is indicative rather than an offer. Purchases made through those stores are subject to the stores' payment, billing, renewal and refund policies, and we do not process payments ourselves.

The free tier is supported by advertising. Free use still consumes server resources for content discovery and metadata, and advertising is how that is paid for. An active subscription disables advertising in the app.

Advertising content is supplied by third-party ad networks that we do not control. We do not endorse and are not responsible for advertised products, services or the conduct of advertisers, and any dealings you have with them are between you and them. Advertising in the app will be accompanied by the consent and privacy disclosures required in the app and in the store listings, and those disclosures govern what advertising partners collect.

The app is not yet available in either store. Nothing on this website is an offer to sell, and no purchase can be made here.

14. Suspension and termination

You may stop using the Service at any time by uninstalling the app. We may suspend or terminate your license to use the Service if you breach these Terms, if we are required to do so by law, or if continuing to provide the Service to you would expose us or others to risk.

Sections that by their nature should survive termination will survive, including the sections on compatibility, disclaimers, limitation of liability, indemnification, dispute resolution, governing law and general provisions.

15. Disclaimer of warranties

The Service is provided "as is" and "as available", with all faults and without warranty of any kind. To the maximum extent permitted by law, Trout Pond, LLC and its members, managers, officers, employees, contractors, agents and suppliers (together, the "MediaPond Parties") disclaim all warranties, whether express, implied, statutory or otherwise, including the implied warranties of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy and non-infringement, and any warranties arising out of course of dealing, course of performance or usage of trade.

Without limiting that, we do not warrant that the Service will be uninterrupted, timely, secure or error-free; that defects will be corrected; that the Service or the systems that make it available are free of harmful components; that any device, model, firmware version, feature or third-party service will be compatible, remain compatible or perform as described; that a title will open in a particular application; or that any catalog, availability or metadata information will be accurate, complete or current.

No advice or information, whether oral or written, obtained from us or through the Service creates any warranty not expressly stated in these Terms. Some jurisdictions do not allow the exclusion of implied warranties, so some of the above may not apply to you, and in that case such warranties are limited to the minimum scope and duration permitted by law.

16. Limitation of liability and no personal liability

To the maximum extent permitted by law, the MediaPond Parties will not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for any loss of profits, revenue, business, goodwill, data or opportunity, or for the cost of substitute services, whether based on warranty, contract, tort (including negligence), strict liability, statute or any other legal theory, and whether or not we have been advised of the possibility of such damages.

This applies to every claim arising out of or relating to the Service, including a device or feature that does not work or stops working, a command that is not delivered or is delivered late, content that does not open in the application you expected, damage to or misconfiguration of a device, interruption of your network, reliance on catalog or availability information, and any interruption, suspension or termination of the Service.

In no event will the total aggregate liability of the MediaPond Parties for all claims relating to the Service exceed the greater of (a) the total amount you paid us for the Service in the twelve months before the event giving rise to the claim, or (b) one hundred U.S. dollars (US $100).

No personal liability. MediaPond is operated by Trout Pond, LLC, a limited liability company. To the fullest extent permitted by law, any claim relating to the Service may be brought only against Trout Pond, LLC, and not personally against any member, manager, officer, employee, contractor or agent of the company. No such individual assumes any personal liability for the Service or for the obligations in these Terms, and you agree not to seek to hold any of them personally liable.

These limitations are an essential part of the agreement between you and us, and they apply even if a limited remedy fails of its essential purpose. Some jurisdictions do not allow the exclusion or limitation of certain damages, including liability for death or personal injury caused by negligence, or for fraud or fraudulent misrepresentation, so some of the above may not apply to you. Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited, and where a limitation is not permitted our liability is limited to the least extent the law allows.

17. Indemnification

To the extent permitted by law, you agree to defend, indemnify and hold harmless the MediaPond Parties from and against any claims, demands, actions, damages, losses, liabilities and costs, including reasonable attorneys' fees, arising out of or related to your use or misuse of the Service, the devices, networks and third-party accounts you connect to it, your violation of these Terms or of any law, your infringement of anyone else's rights, or your disputes with third parties.

We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, at your expense, and you agree to cooperate with our defense of such claims.

18. Dispute resolution and class action waiver

Please read this section carefully, because it affects how disputes between us are resolved and limits the ways you can seek relief.

Talk to us first. Most problems can be sorted out quickly. Before starting a formal proceeding, you agree to email hello@mediapond.io describing the dispute and the relief you want, and to give us 30 days to resolve it informally.

If we cannot resolve a dispute informally, it will be resolved in the courts identified in the next section. Either party may instead bring an individual claim in small claims court if it qualifies, and either party may seek injunctive or other equitable relief to protect intellectual property rights or to stop unauthorized access to or misuse of the Service.

Class action waiver. To the extent permitted by law, you and Trout Pond, LLC agree that each may bring claims against the other only in an individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated or representative proceeding. If this waiver is found unenforceable as to a particular claim, it will not apply to that claim, and the remainder of these Terms is unaffected.

19. Governing law and venue

These Terms, and any dispute arising from them or from your use of the Service, are governed by the laws of the State of Florida, without regard to its conflict of law principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

Any dispute arising out of or relating to these Terms or the Service will be brought exclusively in the state courts located in Polk County, Florida, or in the United States District Court for the Middle District of Florida, and you and Trout Pond, LLC consent to the jurisdiction and venue of those courts and waive any objection to them. If you are a consumer resident in a jurisdiction whose law grants you the right to bring proceedings in your local courts, or provides consumer protections that cannot be waived by agreement, nothing here deprives you of those rights.

20. General provisions

• These Terms and the Privacy Policy are the entire agreement between you and Trout Pond, LLC regarding the Service, and they supersede any prior agreements or understandings.
• If any provision is held unenforceable, it will be modified to the minimum extent necessary or severed, and the remaining provisions stay in full force.
• Our failure to enforce any provision is not a waiver of our right to enforce it later.
• You may not assign or transfer these Terms without our written consent. We may assign them, in whole or in part, in connection with a merger, acquisition, reorganization or sale of assets.
• You consent to receive communications from us electronically. We may provide notices by email, through the app, or by posting to this website, and such notices are effective when sent or posted.
• We are not liable for any failure or delay caused by events beyond our reasonable control, including outages, network or provider failures, natural disasters, labor disputes, cyberattacks, war or government action.
• You agree to comply with all applicable export control and sanctions laws in your use of the Service.
• These Terms create no third-party beneficiary rights, except for Apple and its subsidiaries as described in section 12, and for the MediaPond Parties with respect to sections 15 through 17.
• Headings are for convenience only and do not affect interpretation. The English version of these Terms controls.

21. Changes to these Terms

We may update these Terms from time to time to reflect changes in the Service or in the law. When we make material changes we will update the date at the top of this page, and we may also notify you within the app.

By continuing to use the Service after the changes take effect, you accept the revised Terms. If you do not agree with them, your remedy is to stop using the Service and to uninstall the app.

22. Contact us

Questions, corrections, commercial licensing requests and reports of a problem all reach a person. Write to hello@mediapond.io.

MediaPond is a product of Trout Pond, LLC, a Florida limited liability company based in Polk County, Florida.