General Terms
These General Terms of Service (“Terms”) constitute a comprehensive legal agreement between you (“User,” “you,” or “your”) and the collective legal entities, trade names, and proprietary brands comprising the Poggo group. This group includes Poggo LLC (Wyoming), Poggo Pty Ltd (South Africa), and any current or future subsidiaries, affiliates, or related brands (collectively, “Poggo”, “we”, “us”, or “our”).
The Poggo Ecosystem and Services
Poggo operates a global technology infrastructure providing a suite of services, software, and financial tools (the “Services”). The Services may be accessed via various domains, mobile applications, or trade names (e.g., “Stall”, “Stall Flex”, “usestall.com”, or other brands hereafter acquired or launched).
By creating an account or utilizing any Poggo-branded service, you acknowledge that your relationship is with a multi-jurisdictional organization where functions are partitioned as follows:
- Technology & Platform Ownership: The Services, including all underlying source code, object code, APIs, user interfaces, database structures, and technical documentation, are the exclusive property of Poggo LLC (Wyoming).
- Regional Service Provision: Specific operational functions—including local payment collection, merchant of record services, regional regulatory compliance, and localized customer support—may be delegated to or performed by Poggo Pty Ltd (South Africa) or other designated regional affiliates and licensees.
- Brand Flexibility: These Terms extend to all trade names, domains, and products currently owned or hereafter launched by Poggo.
Intellectual Property and Limited License
Poggo (specifically Poggo LLC) grants you a personal, limited, revocable, non-exclusive, non-transferable, and non-sublicensable license to access and use the Services.
- Reservation of Rights: All rights not expressly granted to you in these Terms are reserved by Poggo. You acknowledge that all trademarks, service marks, and trade names are proprietary to Poggo LLC.
- Prohibited Conduct: You shall not, and shall not permit any third party to: (i) decompile, reverse engineer, disassemble, or otherwise attempt to derive the source code or underlying ideas of the platform; (ii) modify, translate, or create derivative works of any part of the Services; (iii) rent, lease, or use the Services for timesharing or service bureau purposes; or (iv) remove any proprietary notices or labels.
Payments, Financial Transactions, and Assignments
Our financial and technical infrastructure is non-standard and global; therefore, the following provisions apply to all financial engagements:
- Contracting and Processing Entities: You agree that the entity billing you may differ from the entity providing the technical platform. Transactions for users in Africa may be processed by Poggo Pty Ltd, while international subscriptions may be billed by Poggo LLC.
- Third-Party Assignments and Licensees: Poggo reserves the absolute right to assign, delegate, or subcontract its billing, payment processing, or operational functions to third-party affiliates, licensees, or authorized partners (including but not limited to banks and payment gateways) without prior notice or your specific consent.
- Licensee Relationships: In instances where a local licensee operates a version of the Services, your financial contract may be exclusively with that licensee, while your use of the technology remains governed by the IP rights of Poggo LLC.
Comprehensive Indemnification and Liability
- Indemnity: You agree to indemnify, defend, and hold harmless Poggo, its members, directors, officers, and employees from any claims, liabilities, or expenses (including legal fees) arising from your use of the Services, your violation of these Terms, or your infringement of any third-party rights.
- Disclaimer of Warranties: THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, POGGO DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
- Limitation of Liability: UNDER NO CIRCUMSTANCES SHALL POGGO BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES. Our total liability for any claim arising out of or relating to these Terms or the Services shall not exceed the total amount of fees paid by you to Poggo during the three (3) months immediately preceding the event giving rise to such claim.
Amendments, Variations, and Account Closure
- Right to Amend: Poggo reserves the right, in its sole discretion, to modify or replace any part of these Terms or change, suspend, or discontinue the Services (including availability of any feature, database, or content) at any time.
- Notice and Acceptance: We may notify you of material changes via the email associated with your account or via a prominent notice on our websites. Your continued use of the Services following the posting of any changes constitutes acceptance of those variations.
- Termination: Poggo may terminate your access to all or any part of the Services at any time, with or without cause, with or without notice, effective immediately.
Governing Law and Dispute Resolution
- Jurisdictional Separation: You acknowledge that legal disputes may be partitioned. Disputes regarding payment processing in South Africa may be subject to the jurisdiction of the South African courts and the Consumer Protection Act (CPA).
- Wyoming Jurisdiction: All other disputes—including those relating to Intellectual Property, the software platform, or the parent entity Poggo LLC—shall be governed by the laws of the State of Wyoming, USA.
- Arbitration Agreement: You agree that all global claims may be required to be resolved through binding, individual arbitration in Wyoming. You expressly waive your right to a trial by jury and your right to participate in any class-action lawsuit against any entity within Poggo.
Supplemental Terms and Incorporation by Reference
Your use of the Services is subject to additional policies and agreements which are incorporated into these Terms by reference. By accepting these Terms, you acknowledge that you have read, understood, and agreed to be bound by the following supplemental documents:
- Legal disclaimer: Our Legal disclaimer governs the limitations of our liability, the “as-is” nature of our technology, and the lack of professional advice provided through the Services.
- Privacy policy: Our Privacy policy describes how Poggo and its affiliates collect, use, store, and share your personal information, including cross-border data transfers between South Africa and the United States.
In the event of a conflict between these General terms of service and any supplemental terms, the supplemental terms shall prevail regarding the specific subject matter they cover (e.g., data handling issues will be governed primarily by the Privacy policy).
Severability and Entire Agreement
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect. These Terms constitute the entire agreement between you and Poggo regarding the Services.
Contact and Legal Notices
Legal notices to Poggo must be directed to legal@poggo.io. You agree to receive all communications from us electronically via the email address provided in your account.