Terms of Use - PongEx

1. Agreement to Terms

By accessing or using the PongEx application ("App", "Service") operated by PongEx, LLC ("PongEx", "we", "us", or "our"), you agree to be bound by these Terms of Use ("Terms"). If you do not agree to these Terms, you may not use the Service.

2. Description of Service

PongEx is a peer-to-peer marketplace platform that enables users to:

• List items for sale
• Browse and purchase items from other users
• Communicate through our messaging system
• Conduct transactions using our "Shakehand" process
• Rate and review other users

3. User Accounts and Registration

Account Creation

• You must be at least 18 years old to use PongEx
• You must provide accurate and complete information when creating your account
• You are responsible for maintaining the security of your account credentials
• You may not share your account with others

Account Responsibilities

• You are solely responsible for all activity on your account
• You must notify us immediately of any unauthorized use of your account
• We reserve the right to suspend or terminate accounts that violate these Terms

4. Buying and Selling

For Sellers

• You represent that you own or have the right to sell all listed items
• All item descriptions must be accurate and truthful
• You must not list prohibited items (see Section 8)
• You are responsible for shipping items to buyers after payment confirmation
• You must provide shipment photos and tracking information as required
• Listing fees may apply and are non-refundable

For Buyers

• All purchases are binding once confirmed through our system
• You are responsible for providing accurate shipping information
• Payment must be completed through agreed-upon platforms
• You acknowledge that PongEx does not handle payment processing directly

Transaction Process ("Shakehand")

• Both parties must agree to price and payment method before proceeding
• Our Shakehand system guides users through the transaction process
• Sellers must provide proof of shipment through photos
• Transactions are considered complete after buyer confirmation or 30 days

5. Fees and Payments

Listing Fees

• Fees may be required to post certain listings
• All fees are non-refundable
• Fee structure may change with notice

Payment Processing

• PongEx does not process payments between users
• Users arrange payments through third-party platforms (Venmo, PayPal, etc.)
• PongEx is not responsible for payment disputes between users

6. Communication and Messaging

Message System

• Our messaging system is for transaction-related communication only
• You may not use messages for spam, harassment, or illegal activities
• We may monitor messages for safety and compliance purposes
• Messages may be archived after transaction completion

Prohibited Communications

• Harassment, threats, or abusive language
• Attempts to conduct transactions outside our platform
• Sharing personal financial information beyond necessary transaction details
• Spam or promotional content unrelated to listed items

7. Reviews and Ratings

Review System

• Users may rate and review each other after completed transactions
• Reviews must be honest and based on actual experiences
• Fake or misleading reviews are prohibited
• We reserve the right to remove reviews that violate our guidelines

Review Penalties

• Sellers who fail to provide required shipment photos may receive limited ratings
• Users may dispute unfair reviews through our support system

8. Prohibited Items and Activities

Prohibited Items

• Illegal items or services
• Weapons, ammunition, or explosives
• Drugs or controlled substances
• Stolen goods
• Counterfeit items
• Adult content or services
• Items that violate intellectual property rights

Prohibited Activities

• Creating fake accounts or listings
• Manipulating the rating system
• Attempting to circumvent our fee structure
• Using the platform for money laundering or fraud
• Harassing other users
• Interfering with the platform's operation
• Automated data collection via robots, spiders, scripts, scrapers, crawlers, or similar automated means
• Misleading, deceptive, or unlawful postings, communications, or accounts
• Misrepresenting your identity, age, location, or affiliation
• Commercial use without explicit written permission from PongEx
• Posting duplicate content or spam across multiple categories or locations

9. Content and Intellectual Property

User Content

• You retain ownership of content you post (photos, descriptions, etc.)
• You grant PongEx a perpetual, irrevocable, unlimited, worldwide, royalty-free license to use, copy, display, distribute, modify, adapt, publish, translate, publicly perform and publicly display your content for platform operation, marketing, and improvement purposes
• You are responsible for ensuring your content doesn't infringe on others' rights
• PongEx reserves the right to block, filter, re-categorize, re-rank, delete, delay, hold, or omit any content at our sole discretion
• You represent and warrant that you have all necessary rights to grant the above license

Platform Content

• PongEx owns all platform design, features, and proprietary technology
• Users may not copy, modify, or reverse engineer our platform
• Our trademarks and branding are protected intellectual property

10. Privacy and Data

Information Collection

• We collect information necessary for platform operation
• Your privacy is governed by our Privacy Policy
• We may use data to improve our services and prevent fraud

Data Security

• We implement reasonable security measures to protect user data
• Users are responsible for maintaining their own account security
• We cannot guarantee absolute security of user information

11. Disclaimers and Limitations

Service "As Is"

• PONGEX IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND
• We do not guarantee uninterrupted or error-free service
• We are not responsible for technical issues or service outages

Limitation of Liability

• OUR TOTAL LIABILITY TO YOU SHALL NOT EXCEED $100 OR THE AMOUNT YOU PAID TO US IN THE PAST 12 MONTHS, WHICHEVER IS LESS
• PongEx is not liable for disputes between users
• We are not responsible for lost, damaged, or undelivered items
• Users assume all risks associated with peer-to-peer transactions
• WE ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES

Third-Party Services

• We integrate with third-party services (payment platforms, shipping, etc.)
• We are not responsible for third-party service failures or policies
• Users must comply with third-party terms of service

12. Dispute Resolution

User Disputes

• Users should attempt to resolve disputes directly with each other
• Our support team can provide assistance with transaction-related issues
• We may suspend users who repeatedly engage in disputes

Platform Disputes

• Any disputes with PongEx shall be resolved through binding arbitration
• Arbitration shall be conducted under the rules of the American Arbitration Association
• Users waive the right to participate in class action lawsuits

13. Indemnification

You agree to indemnify and hold harmless PongEx, LLC, its officers, directors, employees, and agents from any claims, damages, or expenses (including attorneys' fees) arising from your use of the platform or violation of these Terms.

14. Termination

By Users

• Users may delete their accounts at any time
• Active transactions must be completed before account deletion
• Some data may be retained for legal and safety purposes

By PongEx

• We may suspend or terminate accounts for Terms violations
• We may terminate the service at any time with reasonable notice
• Upon termination, users lose access to all platform features

15. Changes to Terms

• We may update these Terms periodically
• Significant changes will be communicated to users
• Continued use after changes constitutes acceptance
• Users who disagree with changes should discontinue use

16. Legal and Compliance

Applicable Law

• These Terms are governed by the laws of the United States
• Users must comply with all applicable local, state, and federal laws
• International users must comply with their local regulations

Age Requirements

• Users must be at least 18 years old
• Users under 18 require parental consent
• We may verify age at our discretion

17. Safety and Security

User Safety

• Report suspicious activity immediately
• Verify user identity before high-value transactions
• Meet in safe, public locations for local pickups
• Trust your instincts and prioritize personal safety

Platform Security

• We implement security measures to protect the platform
• Users must not attempt to compromise platform security
• Security vulnerabilities should be reported responsibly

18. Contact Information

For questions about these Terms of Use, please contact us:

• Email: jake@pongex.app

19. Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions shall remain in full force and effect.

20. Entire Agreement

These Terms, along with our Privacy Policy, constitute the entire agreement between you and PongEx, LLC regarding the use of our Service.