Terms of Service

1. The service

Pogo is a software-as-a-service collaboration product for software teams. It provides planning poker rooms, retrospective boards, and developer experience (DX) surveys, with team and organization management. Feature availability depends on your organization's plan, as described on our pricing page. Features labeled as beta are fully usable but still evolving: they may change, be limited, or be withdrawn while in beta.

2. Your account

You must provide accurate registration information and keep your credentials secure. You are responsible for activity on your account. You must be at least 16 years old to use the service. If you create or administer an organization on behalf of a company, you confirm you have authority to bind that company to these terms, and "you" includes that company.

3. Plans, trials, and payment

Paid plans are billed as a monthly subscription, in advance, at the prices and currency shown at checkout. Payments are processed by Stripe; we do not store your card details. Where a free trial is offered, you will not be charged until the trial ends, and you can cancel before it ends to avoid any charge. Subscriptions renew automatically each month until cancelled. We may change plan prices or features with at least 30 days' notice, taking effect from your next billing period. Taxes (such as VAT) are applied where required.

4. Cancellation and refunds

You can cancel your subscription at any time from your organization's billing settings; your plan remains active until the end of the period you have paid for. Our Refund & Cancellation Policy explains refunds, including the 14-day cancellation right for consumers under the Consumer Contracts Regulations 2013.

5. Your content

You and your organization own the content you put into the service (for example stories, retro items, and survey responses). You grant us the license needed to host, process, transmit, and display that content in order to provide the service. You are responsible for your content being lawful and for having the rights to share it. Survey responses are visible to your organization as described in the product; we explain our data practices in the Privacy Policy. If you send us suggestions or feedback about the service, we may use them to improve it without obligation to you.

6. Acceptable use

You must not:

• break the law, infringe others' rights, or upload unlawful, abusive, or malicious content;
• probe, disrupt, or overload the service, or attempt to access accounts or data that are not yours;
• resell or provide the service to third parties as your own offering without our written agreement;
• use the service to send spam or unsolicited communications.

We may suspend or terminate accounts that materially breach these terms.

7. Availability, support, and disclaimer

We aim for high availability but the service is provided without a guaranteed uptime level and may be unavailable during maintenance or due to events outside our control. Support is provided by email at support@podratic.com. Except as expressly set out in these terms, and to the fullest extent permitted by law, the service is provided "as is" and we make no other warranties about it - for example that it will be uninterrupted, error-free, or suited to a particular purpose. If you are a consumer, this does not affect your statutory rights.

8. Intellectual property

We (and our licensors) own the service, its software, and branding. These terms do not transfer any of that to you; you receive a non-exclusive, non-transferable right to use the service while you have an account in good standing.

9. Liability

Nothing in these terms excludes or limits liability that cannot be excluded by law, including liability for death or personal injury caused by negligence, or for fraud. Subject to that: we are not liable for loss of profits, loss of business, or indirect or consequential loss; and our total liability arising out of the service in any 12-month period is limited to the amounts you paid us for the service in that period (or 50 GBP, if you have paid nothing). If you are a consumer, these terms do not affect your statutory rights, including under the Consumer Rights Act 2015.

10. Termination

You may delete your account at any time from your account settings. We may terminate or suspend your access for material breach of these terms, or close the service with at least 30 days' notice (with a pro-rata refund of any prepaid, undelivered period). On termination we delete or anonymize your personal data in line with the Privacy Policy.

11. Changes to these terms

We may update these terms from time to time. For material changes we will give reasonable advance notice (for example by email or an in-app notice). If you do not accept a change, you may cancel before it takes effect; continuing to use the service after that date means you accept the updated terms.

12. General

These terms, together with the policies they link to, are the entire agreement between us about the service. If a court finds part of these terms unenforceable, the rest remains in force. If we do not enforce a right under these terms, that is not a waiver of it. You may not transfer your rights or obligations under these terms without our written consent; we may transfer ours as part of a merger, acquisition, or sale of assets, as described in the Privacy Policy. No one other than you and us has rights under the Contracts (Rights of Third Parties) Act 1999 to enforce these terms.

13. Governing law

These terms are governed by the law of England and Wales, and the courts of England and Wales have exclusive jurisdiction, except that consumers retain any protections and rights to bring claims in their country of residence that apply by law.