1. Eligibility

You must be at least 13 years old (or the minimum age required in your jurisdiction) to use the App. By using the App, you represent that you meet this requirement.

2. Account

You may be required to sign in using Apple Sign In to access certain features. You are responsible for maintaining the security of your account and for all activities that occur under it. You agree to provide accurate information and to notify us promptly of any unauthorized use.

3. Use of the App

3.1 License

We grant you a limited, non-exclusive, non-transferable, revocable license to use the App for personal, non-commercial purposes in accordance with these Terms.

3.2 Acceptable Use

You agree not to:

• Use the App for any unlawful purpose or in violation of any applicable law or regulation
• Submit photos or content that are illegal, obscene, threatening, defamatory, or that infringe on any third party’s rights
• Attempt to reverse engineer, decompile, or disassemble the App
• Interfere with or disrupt the App’s functionality, servers, or networks
• Circumvent or attempt to circumvent any security, rate-limiting, or access-control features of the App
• Use the App to generate content that is harmful, hateful, discriminatory, or that promotes violence
• Resell, redistribute, or commercially exploit the App or any content generated through it without our prior written consent
• Use automated systems, bots, or scripts to access or interact with the App

3.3 AI-Generated Content

The App uses artificial intelligence (Anthropic’s Claude) to generate poems based on your photos. You acknowledge that:

• AI-generated content may not always be accurate, appropriate, or of consistent quality
• We do not guarantee that AI-generated content will be free of errors, biases, or unintended outputs
• AI language models may occasionally produce unexpected, nonsensical, or inappropriate language — including words or phrases that may be offensive or distressing. This is a known limitation of AI technology, commonly referred to as “hallucination.” We are not liable for any such outputs, and you use AI-generated content at your own risk
• You are solely responsible for reviewing, editing, and using any AI-generated content
• AI-generated poems may occasionally resemble existing works; we make no representation regarding the originality or copyright status of generated content

4. User Content

4.1 Ownership

You retain ownership of any photos you capture or upload through the App. AI-generated poems are provided to you for your personal use.

4.2 Responsibility

You are solely responsible for the content you submit, including photos and any edits you make to generated poems. You represent that you have the right to use any photos you submit and that your content does not violate any third party’s rights.

4.3 License to Us

By using the App, you grant us a limited license to process your photos and content solely for the purpose of providing the App’s services (including sending images to our AI provider for poem generation). We do not claim ownership of your content.

5. In-App Purchases and Credits

5.1 Purchases

The App offers subscriptions and consumable credit purchases through Apple’s In-App Purchase system. All purchases are processed by Apple and are subject to Apple’s terms and conditions.

5.2 Credits

• Free credits may be provided upon account creation.
• Subscription plans include a monthly credit allotment.
• Consumable credit packs may be purchased separately.
• Credits are non-transferable and have no monetary value.
• We reserve the right to modify credit amounts, pricing, and availability at any time.

5.3 Refunds

All purchases are made through Apple and are subject to Apple’s refund policies. We do not process refunds directly. To request a refund, contact Apple Support or use the “Report a Problem” feature in your Apple purchase history.

5.4 Subscriptions

Subscriptions automatically renew unless canceled at least 24 hours before the end of the current billing period. You can manage and cancel subscriptions through your Apple ID account settings.

6. Intellectual Property

The App, including its design, code, features, branding, and all non-user content, is owned by us and protected by copyright, trademark, and other intellectual property laws. These Terms do not grant you any right to use our trademarks, logos, or branding.

7. Third-Party Services

The App integrates with third-party services including but not limited to Anthropic (Claude API), Apple (Sign In, iCloud, StoreKit), and Supabase. Your use of these services is subject to their respective terms and policies. We are not responsible for the availability, accuracy, or practices of any third-party services.

8. Disclaimer of Warranties

The App is provided “as is” and “as available” without warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that the App will be uninterrupted, error-free, secure, or free of harmful components. We make no warranties regarding the quality, accuracy, or reliability of any AI-generated content.

9. Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall we, our officers, directors, employees, agents, or affiliates be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, or goodwill, arising out of or in connection with your use of or inability to use the App, regardless of the theory of liability (contract, tort, or otherwise), even if we have been advised of the possibility of such damages.

To the maximum extent permitted by applicable law, our total aggregate liability for all claims arising out of or relating to these Terms or the App shall not exceed the greater of (a) the amount you have paid to us in the twelve (12) months preceding the claim, or (b) one hundred U.S. dollars ($100.00).

10. Indemnification

You agree to indemnify, defend, and hold harmless Poma Camera and its officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or in connection with: (a) your use of the App; (b) your violation of these Terms; (c) your violation of any third party’s rights; or (d) any content you submit through the App.

11. Termination

We may suspend or terminate your access to the App at any time, with or without cause, and with or without notice. Upon termination, your right to use the App ceases immediately. Provisions that by their nature should survive termination (including but not limited to Sections 8, 9, 10, and 13) shall survive.

You may stop using the App and delete your account at any time through the App’s settings.

12. Changes to These Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by updating the “Last Updated” date and, where appropriate, providing notice within the App. Your continued use of the App after the effective date of any changes constitutes acceptance of the revised Terms.

13. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the Netherlands, without regard to conflict of law principles.

Any dispute arising out of or relating to these Terms or the App shall first be attempted to be resolved through good-faith negotiation. If the dispute cannot be resolved informally within 30 days, it shall be submitted to the exclusive jurisdiction of the competent courts of Tilburg, the Netherlands.

Nothing in this section prevents either party from seeking injunctive or equitable relief in a court of competent jurisdiction.

14. General Provisions

• Entire Agreement. These Terms, together with our Privacy Policy, constitute the entire agreement between you and us regarding the App.
• Severability. If any provision of these Terms is found to be unenforceable, the remaining provisions shall remain in full force and effect.
• Waiver. Our failure to enforce any provision of these Terms shall not constitute a waiver of that provision.
• Assignment. You may not assign or transfer these Terms without our prior written consent. We may assign these Terms without restriction.

15. Contact Us

If you have questions about these Terms, please contact us at:

hello@poma.camera