Pomvom Application Terms of Use
Welcome to Pomvom! We are dedicated to helping you capture, enjoy, and share your most memorable moments through our innovative platform. Our innovative platform ensures your media is processed with care and quality, all hosted securely on our cloud.
Please be aware that your media will generally be retained for up to 45 days following capture, unless specified otherwise in our Application. To ensure you have access to your desired media, we recommend promptly purchasing and downloading it after your purchase.
These Terms and Conditions set out the rules for using our services and provide important information about your rights and obligations. We encourage you to review them carefully.
IMPORTANT: BY ACCESSING AND/OR USING THE APPLICATION (DEFINED BELOW) YOU ACCEPT THE FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS SET FORTH HEREIN PLEASE DO NOT ACCESS OR USE THE APPLICATION.
1. Acceptance of Terms
The following agreement consists of the terms and conditions governing your ("you" or "user") access to and use of Picsolve Inc. and its affiliates ("Pomvom" or "We") web application services and the Content made available therein (collectively, the "Application") or through our partners applications. These Pomvom Application Terms of Use together with the Pomvom Application Privacy Policy available at: https://www.pomvom.com/privacy-policy (collectively, the "Terms") constitute a binding agreement between you and Pomvom, and by continuing to use the Application (in whole or in part) in any way or manner you agree to abide by, and be bound, by these Terms. If you do not understand and/or agree to these Terms, you should immediately exit the Application and cease making any use thereof.
We will change these Terms from time to time with immediate effect. The Terms will be changed by posting the new version to this site, we recommend regularly reviewing this policy if you use our Application. By continuing to use the Application following such modifications, you agree to be bound by such modifications.
2. License
Subject to the terms and conditions set forth herein (including without limitation payment of all applicable fees), Pomvom hereby grants to you, and you accept, a personal, nonexclusive, non-transferable, non-assignable, non-sublicensable, revocable, limited license to access and make non-commercial use of the Application only according to the terms of these Terms. The license shall be granted until terminated or expired in accordance with the terms hereof.
3. Limitations on Use and Responsibilities
Except as specifically permitted herein, you agree not to (i) sell, license (or sub-license), lease, assign, transfer, pledge, or share any of your rights under these Terms with/to any third party; (ii) transfer, distribute, scrap, copy, modify, reverse engineer, decompile, disassemble, or create derivative works thereof, all or any part of the Application and/or Pomvom IPR (as defined below); (iii) transmit or upload any viruses, spyware or other harmful, infringing, illegal, disruptive or destructive content, messages or files; (iv) penetrate or circumvent or attempt to penetrate or circumvent any technical restrictions or limitations included in the Application or its servers; (v) create false personas, multiple identities, multiple user accounts, set up an account on behalf of someone other than yourself; (vi) remove, change or modify any copyright, trademark or other proprietary rights notices contained in or on the Application or attach any additional trademarks to the Application; (vii) breach or circumvent any applicable laws or regulations, agreements with third parties, third parties rights or pursuant to our Terms; (viii) divide, dispatch, modify or connect any other content with any part of the Application; or (ix) use any technology, including without limitation, generative AI features, in order to create fake photos for publication or distribution, for fraud or deception or in order to demean any third party.
Without derogating from the aforementioned, your use of the Application including without limitation any images, videos, photography, likeness in connection therewith (the "Content") will not: (i) include any Content that you do not appear in; (ii) facilitate or promote illegal activity, or contain Content that is illegal; (iii) contain Content, material or information that is defamatory, obscene, distasteful, racially or ethnically offensive, harassing, or that is discriminatory based upon race, gender, color, creed, age, sexual orientation, or disability; (iv) contain sexually suggestive or explicit Content; (v) infringe upon or violate any right of any third party; (vi) disparage, defame, or discredit Pomvom or any third person; or (vi) otherwise violate any laws, rules, regulations or policies of any competent jurisdiction.
You are solely responsible for (i) obtaining, paying for (if you chose to pay), repairing and maintaining all the equipment, software, connection to the internet, hardware and services required for getting access to and using the Application; (ii) associating yourself only with your Content within the timeframe presented in the Application, and to download any purchased Content within the applicable timeframe; (iii) reporting and deleting any Content that was incorrectly added to your gallery (e.g., Content that doesn't featuring you).
Pomvom may disallow the use of the Application when used in breach of these Terms (including terms referenced herein) and may not issue such Content containing any of the above. Furthermore, any unauthorized account access may result in cancellation of such account to protect Content owners.
Please see further restrictions and additional information regarding the Application, the Content and services in the F&Q which are embedded to these Terms and available at: https://support.pomvom.com/hc/en-us
4. Fees
You shall pay the applicable fees according to Pomvom's then current price list ("Fees"). To the extent permitted by applicable laws, all Fees are non-refundable. Pomvom may, at its discretion, at any time, change the Fees and/or payment method. The Fees are exclusive of taxes, if any, which taxes will be borne by you. You are responsible for reporting and paying taxes in connection with the services, along with any related penalties or interest, as applicable to your purchase or country of purchase.
5. Payment Processing
Notwithstanding any amounts owed to Pomvom hereunder, POMVOM DOES NOT DIRECTLY PROCESS PAYMENTS FOR ANY SERVICES. To facilitate payment for the Services via credit card, debit card, or other supported payment methods, Pomvom uses third-party payment processors, including Stripe, Inc. and its affiliates (“Stripe”) and PayPal, Inc. and its affiliates (“PayPal”) (collectively, the “Payment Processors”). Pomvom does not control and is not liable for the security or performance of any Payment Processor.
Payment processing services for the Services are provided by the Payment Processors and are subject to their applicable terms, conditions, and privacy policies, including:
- Stripe: Stripe Services Agreement, Stripe Terms and Conditions, and other policies available at https://stripe.com/legal, and Stripe’s Global Privacy Policy at https://stripe.com/privacy.
- PayPal: PayPal User Agreement and related terms available at https://www.paypal.com/us/legalhub/useragreement-full, and PayPal’s Privacy Statement available at https://www.paypal.com/us/legalhub/privacy-full.
By agreeing to these Terms or by using the payment features of the Services, you also agree to be bound by the applicable terms, conditions, and policies of the Payment Processors, each as may be updated from time to time. You hereby authorize the applicable Payment Processor to store and continue charging your designated payment method (including after such payment method expires) in order to avoid interruptions in your use of the Services. Pomvom shall not be responsible or liable for any transaction between you and the third party payment processors.
6. Ownership of Proprietary Rights
The Application and all related data, software, algorithms, content, platforms, technology, designs, UI, materials, work product, works of authorship, media assets, graphics, animations, effects, characters, records, ideas, methods, metadata, classifications, tags, analytics, derivative works, enhancements, modifications, and all other materials or data (in any form or media) created, generated, processed, derived or reduced to practice by Pomvom or the Application, together with all Intellectual Property Rights therein (“Pomvom IPR”), are and shall remain the sole and exclusive property of Pomvom and/or its affiliates. No rights in the Pomvom IPR are granted to you except for the limited license set forth in Section 2.
You grant Pomvom a non-exclusive, worldwide, royalty-free, sublicensable license to host, store, reproduce, display, adapt, process, transform, transmit and create derivative works from any content, media, images, or other materials you upload or provide (“User Content”) solely for the purpose of operating, providing, maintaining, securing, and improving the Application and related services.
Pomvom may collect, generate, analyze, and use aggregated, anonymized, de-identified, statistical, usage, telemetry, technical, performance, and operational data arising out of or relating to your use of the Application (“Usage Data”) for analytics, service improvement, diagnostics, security, optimisation, product development, and reporting, provided that such data does not identify you or violate applicable law. All Usage Data and any metadata, classifications, annotations, or other data derived from the User Content or from your use of the Application form part of the Pomvom IPR.
If any Pomvom IPR is not automatically owned by Pomvom upon creation, you hereby assign to Pomvom, automatically and irrevocably, all right, title, and interest in such Pomvom IPR upon creation. You shall execute any documents reasonably necessary to effect such assignment. You irrevocably waive any moral rights, rights of attribution, or similar rights in the Pomvom IPR to the maximum extent permitted by law.
"Intellectual Property Rights" means worldwide, whether registered or not (a) rights associated with works of authorship, designs, mask works and photography including copyrights; (b) trademarks, service marks, domain names, logos, trade names, trade dress, the right to publicity and goodwill rights; (c) patents, patent applications and industrial designs; (d) trade secrets; (e) rights analogous to those set forth herein and any other proprietary rights relating to intangible property; (f) divisions, continuations, renewals, reissues and extensions of the foregoing (as applicable) now existing or hereafter filed, issued, or acquired.
7. Privacy
Pomvom's privacy practices are governed by Pomvom’s privacy policy, the most updated copy of which can be found at https://www.pomvom.com/privacy-policy ("Privacy Policy").
8. Disclaimer
YOU AGREE THAT YOUR USE OF THE APPLICATION AND/OR THE POMVOM IPR SHALL BE AT YOUR OWN RISK. THE APPLICATION AND THE CONTENT MADE AVILIABLE THEREIN, INCLUDING WITHOUT LIMITATION POMVOM IPR ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, POMVOM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE AND COMPLIANCE WITH REGULATORY REQUIREMENTS.
POMVOM DOES NOT WARRANT THAT THE POMVOM IPR AND/OR APPLICATION WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE APPLICATION OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS AND DISCLAIMS ANY WARRANTIES IN CONNECTION WITH INTERNET CONNECTIVITY.
POMVOM DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE POMVOM IPR OR APPLICATION INCLUDING WITHOUT LIMITATION THEIR CORRECTNESS, COMPLETENESS, ACCURACY, RELIABILITY, AVAILABILITY, THE CONTENT QUALITY OR OTHERWISE. WITHOUT DEROGATING FROM THE FOREGOING, THE INFORMATION PROVIDED THROUGH THE APPLICATION MAY BE PARTIAL, OUT-DATED, INACCURATE AND SUBJECT TO CHANGE. YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS NECESSARY OR ADVISABLE TO PROTECT YOURSELF AGAINST ANY CLAIM, DAMAGE, LOSS OR HAZARD THAT MAY ARISE BY VIRTUE OF YOUR USE OF OR RELIANCE UPON THE APPLICATION, THE CONTENT AND/OR ANY OF THE POMVOM IPR. YOU ACKNOWLEDGES AND AGREES THAT POMVOM IS NOT A DATA RETENTION SERVICE. YOU ARE RECOMMENDED TO DOWNLOAD YOUR PURCHASED CONTENT IMMEDIATELY FOLLOWING YOUR PURCHASE AND NO LATER THAN THE DEADLINE PRESENTED IN THE APPLICATION. POMVOM SHALL HAVE NO RESPONSIBILITY OR LIABILITY IN RESPECT OF ANY LOSS OFF OR DAMAGE TO ANY CONTENT AT ANY TIME.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
9. Warranties
You represent and warrant to Pomvom that: (a) you will use only QR code and Content numbers designated to you; (b) you have under all applicable laws the right to use the Application including Content selected by you; (c) there are no restrictions or limitations whether under law, contract or equity or other that would restrict or limit you from using the Application and the Content under the Terms hereof; (d) all information you provide to Pomvom or any of its representatives is accurate, not misleading and complete, including without limitation, any numbers associated to Content that you select; (e) you and your use of the services and the Application comply, and at all times, will comply with all applicable laws, rules, regulations, statutes, standards, including without limitation any and all social media related terms and conditions or other; (f) you shall ensure that all required consents, permits and approvals are obtained in connection with the Application including without limitation all consents required for any use thereof (e.g., approvals to the extent required from additional persons that are included in any Content; (g) the Content is free of any digital rights management; or (h) no Copyrights Collecting Agency or Performance Rights Organization (e. g. ASCAP, SESAC etc.) shall have any right, title or interest in or to the Pomvom IPR, including without limitation the right to receive any payments or royalties; and (i) you are older than 13 years. Pomvom may disallow the use of the Application when used in breach of these Terms (including terms referenced herein).
10. Liability and Indemnification
TO THE MAXIMUM PERMITTED UNDER LAW, UNDER NO CIRCUMSTANCES WHATSOEVER WILL POMVOM AND ITS AFFILIATES AND ITS AND THEIR PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, LICENSORS, SUBCONTRACTS AND SUPPLIERS ("POMVOM ENTITIES") BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY OTHER ENTITY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, UNDER ANY LEGAL THEORY, WHETHER CONTRACT, TORT OR OTHERWISE FOR ANY COMPENSATORY, INDIRECT, INCIDENTAL, CONSEQUENTIAL INCLUDING WITHOUT LIMITATION ANY LOST PROFITS AND LOST BUSINESS OPPORTUNITIES, BUSINESS INTERRUPTION, REVENUE, INCOME, GOODWILL, USE, DATA OR OTHER TANGIBLE OR INTANGIBLE LOSSES, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES THAT RESULT FROM OR RELATE IN ANY MANNER WHATSOEVER TO YOUR USE OF THE APPLICATION OR POMVOM IPR, OR RELIANCE THEREON OR TO ANY ERRORS, INACCURACIES, OMISSIONS, DEFECTS, SECURITY BREACHES, OR ANY OTHER FAILURE TO PERFORM BY POMVOM ENTITIES.
IN NO EVENT SHALL POMVOM ENTITIES AGGREGATE LIABILITY, FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE BASIS OF THE FORM OF THE ACTION, EXCEED THE TOTAL PRICE ACTUALLY RECEIVED BY POMVOM FROM YOU FOR THE SERVICES.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You agree to defend, indemnify and hold Pomvom Entities harmless against any losses, expenses, costs, claims, damages (including reasonable attorneys' fees) arising from or in connection with (i) your use of the Application; and (ii) any breach of these Terms.
11. Third Party Services
The Application might contain content provided by third parties and links to outside services, content and resources, Pomvom does not screen, monitor, endorse, or control such services, content and resources. Any concerns regarding any such linked services, content and resources should be directed to such particular service, content or resource provider. Such services, content and resources are provided only as an informational resource, simply as a service and only for your convenience. Pomvom is not responsible or liable for such services, content and resources. Without derogating from the foregoing, should you leave the Application via a link contained therein and/or view content that is not provided by Pomvom, you do so at your own risk and Pomvom shall not be responsible or liable for damages or losses caused in connection therewith. In as much as you are redirected to linked services, content and resources, you should carefully read and abide by the terms of use and privacy policies of such services, content and resources.
You acknowledge that we utilize third-party services, such as hosting and data storage (e.g., Google cloud web services and Amazon web services), to deliver our services. By using our services, you agree that we are not liable for any actions or omissions of these third parties, and that you are subject to their respective terms and conditions (e.g., Google Terms and Conditions and Amazon Terms and Conditions.)
12. Termination
We may terminate these Terms and/or suspend your right to access or use any portion or all of the Application and/or Pomvom IPR immediately (including without limitations the license set forth in Section 2 above), at our sole discretion without notice. Upon termination you shall immediately cease using the Application and the following sections shall survive: 1,3- 5, 7-10, 12.
13. Dispute Resolution.
“If you have any question or concern about the Services, we encourage you to contact us first at legal@pomvom.com so we can try to resolve it informally. Before starting any legal process, both you and Pomvom agree to try in good faith to resolve the issue informally for 60 days. During this time, neither party will start arbitration, and any deadlines for filing claims will be paused.
If we are unable to resolve the issue after this informal process, you and Pomvom agree that any dispute, claim, or controversy related to these Terms or the Services will be resolved through final and binding arbitration, administered by National Arbitration and Mediation (NAM) or another mutually agreed arbitration provider. Arbitration is less formal than a court case and uses a neutral arbitrator instead of a judge or jury. The arbitration may be conducted by video, by phone, based on written submissions, or in person in New York, New York, unless we both agree otherwise. The arbitrator will decide all issues except matters that the law requires a court to decide.
The following types of claims do not need to be arbitrated: (1) individual claims that qualify for small claims court; and (2) requests for temporary or emergency relief to prevent unauthorized use of the Services or infringement of intellectual property.
You and Pomvom agree that disputes will be handled only on an individual basis. This means no class actions, no class arbitrations, no representative claims, and no joining of claims with other users. If, for some reason, a dispute goes to court instead of arbitration, both you and Pomvom waive the right to a jury trial.
If many users (25 or more) represented by the same lawyers bring similar arbitration claims within 90 days, they will be processed in groups (“Batches”) by NAM. Each Batch will be handled as one combined arbitration with a single arbitrator and a single set of arbitration fees, conducted by videoconference or another format chosen by the arbitrator. If a court finds that any part of this batch process cannot be enforced for a particular user, that user’s claim will be handled individually in arbitration.
If any part of this dispute resolution section is found to be illegal or unenforceable, the rest will still apply. However, if the unenforceable part would allow class or representative arbitration, then this entire dispute resolution section will not apply. Nothing in this section prevents either party from seeking public injunctive relief if applicable law does not allow that right to be waived.
14. General
(i) These Terms shall be governed by and construed in accordance with the laws of the State of New York, without regard to the principles of conflict of law therein. The parties consent to the exclusive jurisdiction of the courts of New York. The application of the United Nations Convention of Contracts for the International Sale of Goods or other international laws is expressly excluded; (ii) notwithstanding the foregoing, in the event of breach or threatened breach by of any provision of these Terms by you, Pomvom could suffer significant and irreparable harm that could not be satisfactorily compensated in monetary terms, and that the remedies at law available to Pomvom may otherwise be inadequate and Pomvom shall be entitled, in addition to any other remedies to which it may be entitled to under law or in equity, to the immediate ex parte issuance, without bond, of an equitable relief, including without limitation an injunctive relief, in any jurisdiction worldwide. You hereby acknowledge and agree that Pomvom shall not be required to post bond as a condition to obtaining or exercising any such remedies, and you hereby waive any such requirement or condition; (iii) if any provision of these Terms is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable and if such provision is determined to be invalid or unenforceable nonetheless, the provision shall be deemed to be severable from the remainder of these Terms and shall not cause the invalidity or unenforceability of the remainder of these Terms; (iv) You acknowledge and agree that Pomvom has the right, at any time and for any reason, to redesign or modify the Pomvom IPR and other elements of the Application or any part thereof; (v) these Terms are the entire agreement between you and Pomvom regarding the subject matter herein; (vi) Pomvom may assign these Terms, in whole or in part, in its sole discretion. You are not entitled to assign or otherwise transfer the Terms, or any of your rights or obligations hereunder, to any third party without the prior written consent of Pomvom. Any unauthorized assignment will be void and of no force or effect; (vii) no provisions of these Terms are intended or shall be construed to confer upon or give to any person or entity other than you and Pomvom any rights, remedies or other benefits under or by reason of these Terms; (viii) Pomvom's failure to enforce any rights granted hereunder or to take action against you in the event of any breach hereunder shall not be deemed a waiver by Pomvom as to subsequent enforcement of rights or subsequent actions in the event of future breaches; (ix) all waivers must be in writing. Any waiver or failure to enforce any provision of these Terms on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion; and (x) ANY CAUSE OF ACTION INITIATED BY YOU AND ARISING OUT OF OR RELATED TO THE APPLICATION MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED AND YOU SHALL BE DEEMED TO WAIVE ANY CLAIM YOU MAY HAVE IN RESPECT THEREOF.
If you have any further questions or require further clarification, please contact us by sending an e-mail to: Privacy@pomvom.com
Last updated: December 7, 2025.
Appendix – AI Features
This Appendix (“AI Features Appendix”) supplements and forms an integral part of the Pomvom Application Terms of Use (the “Terms”). By accessing or using any of the AI-powered features of the Application (collectively, the “AI Features”), you agree to the terms of this Appendix, in addition to the Terms.
Pomvom may update this AI Features Appendix from time to time to reflect legal or technological developments, and in case of a new third parties whose technology is incorporated to the Application or to reflect an update in an existing third parties’ terms where required. Updates take effect upon publication. Continued use of the AI Features constitutes acceptance of the updated terms.
Description of the AI Features
The AI Features allow users to upload, capture, or select photographs or images (“User Images”) and generate AI-modified or AI-created visual outputs (“AI Creations”).
“User Images” under this AI Features Appendix, include both (i) images captured by Pomvom (for example, during a ride or attraction) and made available to you via Pomvom’s webapp or gallery, and (ii) images uploaded or captured directly by you.
“AI Creations” or “Output” are the resulting visual outputs produced through the AI Features, such as cartoon-style portraits, sculpture renderings, filters, or other stylised or modified depictions, based on a User Image.
These outputs may be based on your original upload or on a photo originally captured by Pomvom and made available to you. Once you choose to apply an AI Feature to such an image, it is treated as “Content” under the Terms.
The AI Features are optional. If you do not wish your User Images to be processed using AI, you should not select or activate any AI Features
2. User Responsibilities and Rights
You represent and warrant that: (i) You have all rights and necessary consents to use any User Image you select or upload, including any rights required under applicable laws and agreements; (ii) Your content does not infringe the rights (including image, privacy, or intellectual-property rights) of any third party; and (iii) You will not upload or use images of other identifiable persons without their explicit consent, and, where such images include minors, you have obtained the appropriate parental or guardian consent. You remain solely responsible for your User Images and for any AI Creations derived from them, including any decision to share, post, or otherwise use such content.
3. Processing of Images and Personal Data
The processing of User Images for AI Creations may involve analyzing visual or facial attributes to apply stylization effects. For Pomvom-captured images, Pomvom acts as data controller or processor in accordance with its relationship with the relevant venue or partner for the initial image capture and storage. When you choose to apply AI Features, Pomvom and its AI Supplier process the User Image solely to generate your requested AI Creation and to operate, secure, and protect the AI Features.
You may withdraw your consent at any time by contacting Pomvom or deleting your account, as further described in the Privacy Policy. Withdrawal of consent will prevent further AI processing but does not affect processing that has already occurred.
4. Use of Third-Party AI Supplier
Pomvom uses one or more third-party artificial-intelligence service providers (each an “AI Supplier”) to generate AI Creations. This currently includes OpenAI, Cutout.Pro and it may include additional providers from time to time. When you use the AI Features, the User Image(s) you select are securely transmitted to the applicable AI Supplier for automated processing, and the resulting AI Creation or Output is returned to Pomvom and displayed to you in the Application.
The AI Supplier processes your data under agreements between Pomvom and the AI Supplier and under the AI Supplier’s own terms and privacy policies, and by using the AI Features, you consent to this processing and transmission and agree to comply with its terms including, OpenAI Acceptable Use Policy (https://openai.com/policies/usage-policies/).
PomVom does not use User Images to train AI models.
5. Ownership of AI Creations
To the extent permitted by applicable law, as between you and Pomvom: (a) you retain your ownership rights in the Input you provide, (b) you own the AI Creations, except for the underlying technology, models, and templates used to generate AI Creations. However, you further acknowledge that pursuant to applicable law, it may not be possible to assign ownership rights, including copyrights, in the AI generated Output.
Notwithstanding the foregoing, you grant Pomvom a non-exclusive, worldwide, royalty-free license to use the Input and AI Creations solely to operate, maintain, improve, develop, secure, and enhance the Services and AI Features.
6. Restrictions and Acceptable Use
You may not use the AI Features to: (1) mislead anyone that AI-generated content is human-generated, including presenting AI Creations as unaltered photographs of real people; (2) generate, upload, share, distribute, process or use content that expresses or promotes hate, harassment, violence, self-harm, illegal activity, exploitation or harm to others, sexualises or harms minors, reproduces the likeness of minors without all required rights and consents, contains malware, unsolicited bulk content, ransomware, viruses or other harmful software, or includes false, deceiving, misleading, political or otherwise harmful information; (3) submit, collect, infer, generate, disclose or process personal data, including sensitive or private information, in violation of applicable privacy laws or without all required notices and consents, including submitting personal data of children under the applicable age of digital consent or allowing minors to use the AI Features without parental or guardian consent; (4) use the AI Features to identify individuals, perform biometric identification or facial recognition, solicit or infer sensitive or private information, or conduct surveillance, spyware or unauthorized monitoring; (5) generate or depict individuals without consent or otherwise infringe, misappropriate or violate any person’s rights; (6) use Output to develop, train or improve foundation models or any artificial-intelligence models that compete with any AI Supplier; (7) reverse assemble, reverse compile, decompile, translate or attempt to discover the source code or underlying components of the models, algorithms or systems (except where such restrictions are contrary to applicable law); (8) circumvent or attempt to circumvent any safeguards, safety systems or technical limitations; (9) use scraping, harvesting or other data-extraction methods other than as expressly permitted; (10) rely on Output without appropriate human review or validation, acknowledging that Output may not be unique and may be similar or identical to content generated for other users and that any publicly shared Output must be manually reviewed and clearly identified as AI-generated. You acknowledge that if any Input or AI Creation is alleged to be unlawful or in breach of these restrictions, Pomvom may remove or disable access to such content and may disclose it to law-enforcement or governmental authorities.
7. AI Disclaimer
WITHOUT DEROGATING FROM ANY DISCLAIMER INCLUDED IN THE TERMS, THE AI FEATURES ARE PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS AND ARE EXCLUDED FROM ANY WARRANTIES PROVIDED ELSEWHERE IN THE TERMS. ACCESS TO AND USE OF THE AI FEATURES, INCLUDING ANY UPLOAD, SELECTION, OR PROCESSING OF USER IMAGES, IS AT THE USER’S SOLE RESPONSIBILITY AND RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, POMVOM AND ANY APPLICABLE THIRD-PARTY PROVIDERS (INCLUDING ANY AI SUPPLIER) MAKE NO REPRESENTATIONS, WARRANTIES, INDEMNITIES, OR CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, QUALITY, PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, RELIABILITY, OR NON-INFRINGEMENT OF ANY THIRD-PARTY RIGHT (INCLUDING INTELLECTUAL PROPERTY OR PRIVACY RIGHTS). POMVOM IS NOT RESPONSIBLE OR LIABLE FOR: (i) ANY ACT, OMISSION, OR FAILURE OF ANY THIRD-PARTY AI SUPPLIER OR SERVICE PROVIDER; (ii) THE AVAILABILITY, FUNCTIONALITY, ACCURACY, RELIABILITY, OR SECURITY OF ANY AI FEATURE OR THIRD-PARTY SYSTEM; (iii) ANY ERROR, DELAY, OR INTERRUPTION IN THE AI FEATURES OR RESULTING OUTPUT; OR (iv) THE USE OR INTERPRETATION OF ANY AI CREATION OR THE CONTENT, DATA, OR INFORMATION INCLUDED IN ANY AI OUTPUT.
AI CREATIONS ARE GENERATED AUTOMATICALLY AND DUE TO THE NATURE OF AI TECHNOLOGY MAY CONTAIN DISTORTIONS, INACCURACIES, OR ARTISTIC REPRESENTATIONS THAT DO NOT REFLECT REALITY. USERS SHOULD NOT RELY ON AI CREATIONS FOR IDENTIFICATION, VERIFICATION, OR FACTUAL PURPOSES AND MUST INSPECT AI CREATIONS BEFORE ANY USE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, POMVOM AND ITS AFFILIATES, LICENSORS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES (INCLUDING LOSS OF PROFITS, GOODWILL, DATA, OR OTHER LOSSES), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THE AI FEATURES OR ANY AI CREATION.
8. Transparency and Labeling
Where required by law or regulatory guidance, Pomvom may label AI Creations as “AI-generated” or similar, or may provide other transparency disclosures in the Application or at the point of use.