Legal
Pod is in development and is not yet publicly available. These terms apply to anyone who uses it, including during testing and any beta program, and they will continue to apply at release.
These terms are an agreement between you and Pettingell Software Company LLC, an Oklahoma limited liability company, covering your use of the Pod mobile application and any related services we provide (together, “Pod”). By creating an account or using Pod, you agree to them. If you do not agree, please do not use Pod.
Our privacy policy describes how we handle your data and forms part of this agreement.
You must be at least 13 years old to use Pod. If you are under the age of majority where you live, you may use Pod only with the involvement of a parent or guardian who agrees to these terms. You must be able to enter into a binding agreement, and you must not be barred from using Pod under applicable law.
Pod is currently offered only in the United States.
Creating an account requires an email address and a display name. You are responsible for keeping access to your account secure, and for activity that happens under it. Tell us promptly at info@pettingellsoftwarecompany.com if you believe someone else has gained access.
Please use a display name you are comfortable showing to the other members of any pod you join, and do not impersonate someone else.
A pod is a private group that someone creates and invites you to. Within a pod, other members can see your display name; within a challenge you join, they can also see your participation and your results for the metric that challenge is scored on. They cannot see your underlying health metrics.
Joining a pod or a challenge is voluntary, and you can leave. If you created a pod and then delete your account, ownership of that pod passes to its longest-standing remaining member so that the others keep their own history; a pod with no other members is deleted along with your account.
Please do not:
Pod is not a medical device, and it does not provide medical advice. The metrics, scores, charts, and written reflections it produces are informational summaries of activity data your own devices recorded. They are not a diagnosis, a prognosis, a treatment recommendation, or a substitute for professional medical judgment.
Do not use Pod to diagnose or treat any condition, and do not disregard or delay seeking advice from a qualified clinician because of something Pod displayed. Talk to a doctor before starting or significantly changing an exercise program, particularly if you have a medical condition, are pregnant, or have symptoms that concern you. If you think you may be having a medical emergency, contact your local emergency services.
Health data from phones and wearables is approximate. Readings can be missing, delayed, duplicated, or simply wrong, and Pod's scores inherit any of that.
Pod can produce a short weekly reflection on your own training, generated with the help of a third-party AI provider from weekly averages of your activity metrics. Section 6 of the privacy policy sets out exactly what is sent.
AI-generated text can be inaccurate or miss context, and it should be read as a prompt to reflect rather than as instruction. The disclaimer in section 6 above applies to it in full.
Pod is free to use while in development, and subscriptions are not currently open. We expect to offer paid features in future, including the weekly reflection.
If and when paid features are offered, they will be sold through the app store you installed Pod from. That store handles billing, renewals, and cancellations under its own terms, and refunds are governed by that store's policy rather than by us. Prices and what is included may change; we will describe any change before it takes effect, and a change will never apply to a period you have already paid for.
Pod is under active development. Features may be added, changed, or removed, and we may suspend or discontinue Pod or any part of it. We will give reasonable notice of a material change or discontinuation where we can, and you can delete your account at any time.
We do not promise that Pod will be uninterrupted, error-free, or available at any particular time. It depends on your device, your operating system's health platform, your network, and services we do not control.
Pod, including its software, design, and branding, belongs to Pettingell Software Company LLC and is protected by intellectual-property law. Subject to these terms, we grant you a personal, non-exclusive, non-transferable, revocable license to use Pod on devices you own or control, for your own non-commercial use. We reserve all rights not expressly granted.
Your health data and the content you provide remain yours. You grant us only the permission needed to operate Pod for you — to store your data, sync it to your devices, show your display name and challenge results to members of pods you join, and generate the features described above. What that involves in practice is set out in the privacy policy.
You can stop using Pod at any time, and you can delete your account from within the app under Delete account. Deletion is immediate and permanent, and we cannot recover deleted data.
We may suspend or terminate an account that breaches these terms, that we are required to act on by law, or where continuing to provide the service would expose us or other members to harm. Where it is reasonable to do so, we will tell you why and give you a chance to put it right first.
Sections that by their nature should survive termination — including sections 6, 10, 13, 14, and 16 — continue to apply afterwards.
To the fullest extent permitted by law, Pod is provided “as is” and “as available,” without warranties of any kind, whether express, implied, or statutory, including any implied warranties of merchantability, fitness for a particular purpose, accuracy, and non-infringement. Some jurisdictions do not allow the exclusion of certain warranties, so parts of this section may not apply to you.
To the fullest extent permitted by law, Pettingell Software Company LLC will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, lost data, or loss of goodwill, arising out of or relating to your use of Pod.
To the fullest extent permitted by law, our total liability for all claims relating to Pod is limited to the greater of the amount you paid us for Pod in the twelve months before the claim arose, or one hundred US dollars (US$100).
Some jurisdictions do not allow certain limitations of liability, so parts of this section may not apply to you. Nothing in these terms limits liability that cannot lawfully be limited.
We may update these terms. We will post the updated version here and change the “Last updated” date, and where a change is material we will give notice in the app before it takes effect. Continuing to use Pod after a change takes effect means you accept the updated terms.
These terms are governed by the laws of the State of Oklahoma, United States, without regard to its conflict-of-laws rules. The state and federal courts located in Oklahoma will have jurisdiction over any dispute arising from these terms or your use of Pod, and you and we each consent to that jurisdiction. Nothing here deprives you of the protection of mandatory consumer-protection law in the place where you live.
If any provision of these terms is found unenforceable, the rest remain in force. Our not enforcing a provision is not a waiver of it. You may not assign this agreement; we may assign it in connection with a merger, acquisition, or sale of assets. These terms, together with the privacy policy, are the entire agreement between you and us about Pod.
Pod is not sponsored, endorsed, or administered by Apple Inc. or Google LLC. Where you obtained Pod from an app store, that store's own terms also apply to your installation and any purchase you make through it.
Pettingell Software Company LLC — info@pettingellsoftwarecompany.com.