Terms of Use

1. Who you are agreeing with

These Terms of Use ("Terms") are an agreement between you and Nick van den Hoven, an individual developer based in the Netherlands ("we", "us"), covering your use of the PoGoDex iOS app.

By downloading or using PoGoDex you accept these Terms. If you do not accept them, do not use the app. Apple's Licensed Application End User License Agreement also applies to your download from the App Store; where it and these Terms conflict on a point it covers, it prevails.

2. What PoGoDex is, and what it is not

PoGoDex is an unofficial companion and reference app for players of Pokémon GO. It is not affiliated with, endorsed by or sponsored by Niantic, Inc., Nintendo, Creatures Inc., GAME FREAK Inc. or The Pokémon Company, and none of them are responsible for it.

• PoGoDex never modifies anything in Pokémon GO. It reads; it does not write.
• PoGoDex never asks for your Pokémon GO account, password or login of any kind, and you should never give those to any app that asks.
• PoGoDex does not spoof location, automate play, or interact with Niantic's servers in any way.
• You remain responsible for playing Pokémon GO within Niantic's own terms of service. Nothing in PoGoDex is intended to help you breach them.

3. Your licence to use PoGoDex

We grant you a personal, non-exclusive, non-transferable, revocable licence to use PoGoDex on Apple devices you own or control, for your own non-commercial use, in accordance with these Terms.

You may not resell, redistribute, sublicense or commercially exploit the app or its data; extract or republish its datasets in bulk; or reverse engineer, decompile or disassemble it except to the extent that applicable law expressly permits despite this restriction.

4. Subscription, free trial and billing

PoGoDex is sold as an auto-renewing subscription. The full price, period and any trial are shown in the app before you confirm a purchase, in your own currency.

• Free trial. Where a free trial is offered it unlocks the entire app, live screen scanning included. It is not offered on every plan, and which plans carry one — and for how long — is shown on the subscription screen before you choose. A trial is available once per Apple Account; if you have used one before, the app says so and charges from the start of the period instead.
• Billing. Payment is charged to your Apple Account at confirmation of purchase, or at the end of the free trial if one applies.
• Renewal. The subscription renews automatically for the same period unless it is cancelled at least 24 hours before the end of the current period. Your Apple Account is charged for renewal within 24 hours before the period ends.
• Cancelling. You can manage or cancel the subscription at any time in your Apple Account settings. Cancelling stops the next renewal; it does not retroactively refund the period you are in. Cancelling a free trial before it ends means you are not charged.
• Refunds are handled by Apple under Apple's own policies. We cannot issue or refuse them.
• Price changes take effect only for periods after you have been notified as required by the App Store, and you may cancel before they take effect.

If you are a consumer in the EU you normally have a 14-day right of withdrawal for digital content. By starting to use a subscription or free trial immediately, you ask us to begin performance at once and acknowledge that you lose that right once performance has begun. This does not affect your statutory rights where they cannot be waived.

5. There is no free tier

PoGoDex requires an active trial or subscription to use. One consequence is worth stating plainly: a device that has never reached the internet cannot be told whether you have paid, so a brand-new installation with no connection will ask you to subscribe or restore. Once a subscription is known, PoGoDex continues to work offline.

6. Ratings, rankings and advice are estimates

This is the most important thing in these Terms.

PoGoDex's ratings, rankings, recommendations, power-up costs and plain-English verdicts are calculated estimates and opinions, derived from publicly available community data about Pokémon GO. They are provided for information only.

• Pokémon GO changes. Niantic can rebalance moves, stats, bosses and leagues at any time, and PoGoDex may be out of date between updates.
• Community data sources can themselves be wrong, incomplete or delayed.
• Screen scanning and screenshot reading can misrecognise a value. That is why PoGoDex always shows you what it read and lets you correct it before anything is saved. Checking those numbers is your responsibility.
• Rankings depend on assumptions about movesets, levels and opponents that may not match your situation.

Decisions about how you spend Stardust, Candy, items or time in Pokémon GO are yours alone. We do not warrant that any recommendation will produce a particular result in the game, and we are not responsible for in-game resources spent on the strength of one.

7. Third-party data and attribution

PoGoDex's dataset is generated from publicly available sources, including PokéAPI, PvPoke (MIT licensed), ScrapedDuck / Leek Duck and Snacknap. Those projects are independent of us; we do not control them and cannot guarantee their availability or accuracy.

Pokémon names, artwork and related content are © Nintendo / Creatures Inc. / GAME FREAK Inc. and are used here in an unofficial fan reference. All trademarks belong to their respective owners.

8. Availability and changes

We may change, add or remove features, and may stop publishing the app or its live data feeds. We try not to break things you rely on, but PoGoDex is offered as it is at the time you use it. If we discontinue the app, we will not charge you for renewals after that point; existing paid periods are handled under Apple's refund policies.

We may update these Terms. The current version is always at this address with its date at the top. Material changes will be noted in the app's release notes, and continuing to use PoGoDex after a change means you accept it.

9. Disclaimer

To the fullest extent permitted by law, PoGoDex is provided "as is" and "as available", without warranties of any kind, whether express or implied, including fitness for a particular purpose, accuracy of data, or uninterrupted or error-free operation. Some jurisdictions do not allow the exclusion of certain warranties, so parts of this section may not apply to you.

10. Liability

To the extent permitted by Dutch law, our total liability arising out of or in connection with PoGoDex is limited to the amount you actually paid for it in the twelve months before the event giving rise to the claim. We are not liable for indirect or consequential loss, lost in-game progress, lost resources, or loss of data you did not export.

Nothing in these Terms excludes or limits our liability for death or personal injury caused by negligence, for fraud, for intent or gross negligence, or for anything else that cannot lawfully be excluded. If you are a consumer, your mandatory statutory rights are unaffected by these Terms.

11. Ending this agreement

You can end it at any time by cancelling your subscription and deleting the app. We may suspend or end your licence if you materially breach these Terms — in practice, by using the app to break the law or to attack the app or its data sources.

12. Governing law

These Terms are governed by the laws of the Netherlands. Disputes will be submitted to the competent courts of the Netherlands. If you are a consumer resident in another EU or EEA country, you keep the protection of the mandatory consumer law of your country of residence and may also bring proceedings there.

13. Contact

Nick van den Hoven — info.trimtone@gmail.com