Terms of Service
Effective Date: February 5, 2025
Please read these Terms of Service (“Terms”) carefully before using the PomZen mobile application and any related services (the “Service”). By accessing or using the Service, you agree to be bound by these Terms. If you do not agree with any part of these Terms, you must not use the Service.
1. Acceptance of Terms
These Terms constitute a legally binding agreement between you (“User,” “you,” or “your”) and PomZen (“we,” “us,” or “our”). Your continued use of the Service signifies your acceptance of and compliance with these Terms.
2. Eligibility
By using the Service, you represent and warrant that you are at least the age of majority in your jurisdiction or have obtained parental/guardian consent. You further represent that any information you provide to us is accurate and complete, and that your use of the Service does not violate any applicable laws or regulations.
3. License and Use of the App
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to download, install, and use the PomZen application on a mobile device or computer that you own or control, solely for your personal, non-commercial use. You agree to use the Service only for lawful purposes and in compliance with any applicable local, state, national, or international law.
4. User Account
You may be required to create a user account (“Account”) to access certain features of the Service. You are responsible for keeping your Account credentials confidential and for any activities that occur under your Account. You agree to notify us immediately at contact@dwekat.com of any unauthorized use of your Account or other breaches of security.
5. Intellectual Property
All content, trademarks, service marks, logos, and other intellectual property rights related to the Service, including but not limited to text, graphics, user interfaces, photographs, logos, sounds, music, artwork, and computer code (collectively, the “Content”), is owned or controlled by PomZen or its licensors and is protected by applicable intellectual property laws. You agree not to reproduce, distribute, modify, or create derivative works based on the Content without our prior written consent.
6. Prohibited Activities
In using the Service, you agree not to:
- Violate any local, state, national, or international law or regulation.
- Post or transmit any content that is unlawful, harassing, defamatory, obscene, or otherwise objectionable.
- Use the Service to collect or store personal data about other users without their consent.
- Engage in any conduct that restricts or inhibits another user from enjoying the Service.
- Reverse engineer, decompile, or disassemble the Service or any part thereof.
- Attempt to gain unauthorized access to any systems, networks, or databases used in providing the Service.
7. Disclaimer of Warranties
The Service is provided on an “as is” and “as available” basis. To the fullest extent permitted by law, PomZen disclaims all warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that:
- The Service will be secure, error-free, or uninterrupted.
- Any defects will be corrected.
- The Service or the servers that make it available are free of viruses or harmful components.
- The results of using the Service will meet your requirements or expectations.
8. Limitation of Liability
To the maximum extent permitted by law, in no event shall PomZen or its officers, directors, employees, affiliates, agents, or licensors be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to your use of or inability to use the Service, even if we have been advised of the possibility of such damages. In no event will PomZen’s total liability to you for all damages, losses, or causes of action exceed the amount you have paid to us, if any, in the last six (6) months.
9. Indemnification
You agree to defend, indemnify, and hold harmless PomZen, its parents, subsidiaries, affiliates, officers, employees, agents, partners, and licensors from and against any and all claims, liabilities, damages, losses, or expenses, including reasonable attorneys’ fees and costs, arising out of or in any way connected with:
- Your access to or use of the Service.
- Your violation of these Terms.
- Your violation of any third-party right, including intellectual property or privacy rights.
- Any claim that your use of the Service caused damage to a third party.
10. Modifications to the Service and Terms
We reserve the right to change, suspend, or discontinue any aspect of the Service at any time without notice. We also reserve the right to update or modify these Terms at any time. If we make material changes, we will post the revised Terms on this page and update the “Effective Date.” Your continued use of the Service after such changes indicates your acceptance of the new Terms.
11. Termination
We may terminate or suspend your access to the Service at any time, without prior notice or liability, if you breach these Terms or for any other reason. Upon termination, your right to use the Service will immediately cease, and we reserve the right to delete any information associated with your account.
12. Governing Law
These Terms shall be governed by and construed in accordance with the laws of [Insert Governing Jurisdiction], without regard to its conflict of law principles. You agree to submit to the personal jurisdiction of the courts located in [Insert Governing Jurisdiction] for the resolution of any disputes arising from or relating to these Terms or the Service.
13. Severability
If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of these Terms shall remain in full force and effect.
14. Entire Agreement
These Terms, together with our Privacy Policy, constitute the entire agreement between you and PomZen regarding your use of the Service and supersede any prior agreements between you and PomZen.
15. Contact Information
If you have any questions or concerns about these Terms, please contact us at contact@dwekat.com.