Pomet.

Terms of Service

Effective date: July 6, 2026 · Last updated: July 6, 2026 · Questions: legal@pomet.ai

Service Description and Acceptance

1.1 About Pomet. Pomet is a personal briefing app intended for private, individual use. You record short voice notes after conversations; Pomet transcribes and processes those notes, stores them as structured profile data about the people you describe, and delivers AI-generated briefings before upcoming interactions to help you show up prepared.

1.2 Agreement. These Terms of Service (“Terms”) are a binding legal agreement between you and Pomet, Inc. (“Pomet,” “we,” “us,” or “our”), a Delaware corporation headquartered at 2261 Market Street STE 76796, San Francisco, CA 94114. They govern your access to and use of the Pomet mobile application, website at pomet.ai, and any related products or services (collectively, the “Service”).

1.3 Acceptance. By creating an account, joining our waitlist, or otherwise using the Service, you confirm that you have read, understood, and agree to be bound by these Terms and our Privacy Policy (available at pomet.ai/privacy), which is incorporated here by reference. If you do not agree, please do not use the Service.

1.4 Beta / early access. The Service is currently in beta. Features, functionality, and availability may change at any time without notice. Beta features may contain errors, produce inaccurate AI-generated output, or perform inconsistently. We do not guarantee uninterrupted, error-free, or timely access to the Service. We welcome feedback on beta features at feedback@pomet.ai.

1.5 Eligibility. You must be at least 18 years old to create an account or use the Service. By using the Service, you represent and warrant that you are at least 18 years old, you have the legal capacity to enter into a binding agreement, your use of the Service does not violate any applicable law or regulation, and you are not prohibited from receiving services under the laws of the United States or any other applicable jurisdiction. We do not knowingly allow individuals under the age of 18 to create accounts. If we learn that we have collected information from a minor, we will delete that account promptly. This is consistent with our Privacy Policy, which states that Pomet is intended for users who are at least 18 years old.

User Accounts and Responsibilities

2.1 How you sign up. You may create an account by signing in with Apple or LinkedIn, or with your email address. When you use Apple or LinkedIn, we receive only the information those services pass to us, typically your name and email address. We never receive or store your Apple or LinkedIn password. Our Privacy Policy describes the account data we collect and how it is used.

2.2 Account security. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You agree to notify us immediately at legal@pomet.ai if you suspect any unauthorized access or security breach. We are not liable for any loss resulting from unauthorized use of your account that occurs without our fault.

2.3 Accurate information. You agree to provide accurate, current, and complete information and to keep it up to date. We reserve the right to suspend or terminate accounts that we believe contain false or misleading information.

2.4 One account per person. Accounts are personal and non-transferable. You may not share your account with others or create accounts on behalf of others without their consent.

2.5 Your content. “User Content” means any voice notes, text, data, or other materials you submit to or through the Service. You retain ownership of your User Content. By submitting User Content, you grant Pomet a limited, worldwide, royalty-free, non-exclusive license to process, store, and use your User Content solely for the purpose of providing and improving the Service for you. We do not sell your User Content and do not use it to advertise to you or others, as set forth in our Privacy Policy, which states in relevant part, “We will not sell your personal data or share it with advertisers.” You represent and warrant that your User Content does not violate any law or these Terms, and that you have all rights necessary to grant us the license above.

2.6 Voice notes. Voice notes are transcribed in real time by our AI processing provider. We do not store your audio: it is processed for transcription as you speak and is not retained. We retain the transcript and the structured profile data generated from it. Our Privacy Policy provides additional detail on how voice data is handled, including its classification as sensitive personal information.

2.7 Third-party profile data. Pomet is designed to help you remember and record details about people you interact with: colleagues, clients, friends, and others. In using the Service, you may store personal information about third parties (“Profile Data”). You are solely responsible for the Profile Data you store, including its accuracy, lawfulness, and appropriateness. Pomet does not independently verify, enrich, or endorse the Profile Data you enter. You must not store Profile Data that was obtained unlawfully or shared with you in breach of any duty of confidence, that includes sensitive personal information unless you have a clear and legitimate basis for doing so, that could be used to stalk, harass, surveil, or harm any individual, or that you would not be comfortable disclosing to the person it concerns. Our Privacy Policy describes how we treat data about your contacts, including our legal basis for processing and how individuals whose data you store can exercise their rights.

2.8 No detailed profiles of minors. You may store incidental, limited information about minors, such as a contact’s child’s name or school year, where shared naturally in conversation, but you must not create detailed profiles of minors or use the Service to monitor children under the age of 18.

2.9 Private by default. Profile Data is private to your account. Pomet is not a collaborative tool. Other users cannot access your profiles, and we do not share Profile Data with third parties except as described in our Privacy Policy.

2.10 Acceptable use. You agree not to use the Service to violate any applicable law, regulation, or third-party right; stalk, harass, intimidate, discriminate against, or threaten any person; conduct competitive intelligence, surveillance, or monitoring of individuals without a lawful basis; reverse engineer, decompile, or attempt to extract the source code of the Service; scrape, crawl, or use automated means to access or collect data from the Service; transmit malware, viruses, or any code designed to interfere with the Service; impersonate any person or misrepresent your affiliation with any person or entity; circumvent any security, authentication, or access-control feature of the Service; or use the Service in any way that could damage, overburden, or impair it or disrupt other users.

2.11 Content monitoring and enforcement. Pomet does not actively monitor or review User Content or Profile Data for violations. We rely on this acceptable use policy and respond to reports of violations. If we become aware of content that violates these Terms or applicable law, we may, at our discretion, remove or disable access to the content, suspend or terminate the relevant account, and report activity to law enforcement where appropriate. We are not obligated to review User Content and assume no liability for content that users store in the Service.

Subscription and Payment

3.1 Subscription plans. Pomet is available on a monthly or annual subscription basis. Current pricing and plan details are displayed in the app and on our website. We may change subscription pricing at any time, but price changes will not apply to your current billing period. We will notify you of any price increase at least 30 days before it takes effect.

3.2 Free trial. New users receive a 30-day free trial of the Service. During the trial period, you have access to the full feature set. No payment method is required to start the trial, and you will not be charged during or after the trial unless you choose to subscribe. At the end of the trial, you may subscribe to a paid plan to continue using the Service.

3.3 Billing. Subscriptions are purchased through the Apple App Store. Payment is processed by Apple and is subject to Apple’s terms and payment policies. Subscription fees are billed in advance on a recurring basis (monthly or annually, depending on your selected plan).

3.4 Cancellation. You may cancel your subscription at any time through your Apple ID account settings; Pomet cannot process cancellations of App Store subscriptions. Cancellation takes effect at the end of your current billing period. You will continue to have access to the Service until the end of the period you have already paid for.

3.5 Refunds. Because subscriptions are purchased through the Apple App Store, refunds are handled by Apple in accordance with Apple’s refund policies. To request a refund, visit reportaproblem.apple.com or contact Apple Support.

3.6 Taxes. Subscription fees are exclusive of applicable taxes, duties, and levies. You are responsible for paying any applicable taxes in connection with your use of the Service. Where required by law, applicable taxes are collected and remitted through the App Store.

3.7 Changes to pricing. We may modify subscription fees at any time. Any fee changes will take effect at the start of your next billing period after we provide you with at least 30 days’ notice. If you do not agree with the new pricing, you may cancel your subscription before the new rate takes effect.

Data Processing Terms

4.1 Scope and purpose. This Section 4 sets out how Pomet collects, processes, and protects personal data in connection with the Service. Pomet acts as the data controller for all personal data processed through the Service: we determine the purposes and means of processing. Our Privacy Policy (available at pomet.ai/privacy) provides additional detail and is incorporated into these Terms by reference. Where this Section 4 and the Privacy Policy conflict on a data protection matter, this Section 4 governs.

4.2 Categories of personal data. In providing the Service, Pomet processes the following categories of personal data:

(a) Account data: name, email address, phone number, and authentication credentials provided at registration or through third-party sign-in services (Apple, LinkedIn).

(b) Voice data: audio submitted through the voice note feature, processed in real time solely for the purpose of generating transcripts. Audio is not stored: it is processed as you speak and is not retained after transcription.

(c) Transcript and profile data: text transcripts generated from voice notes, and structured profile data (names, relationships, milestones, preferences, and other details) that Pomet extracts or that you enter directly.

(d) Third-party profile data: personal data about individuals other than the account holder, entered by you through the Service.

(e) Device and usage data: device type, operating system version, crash reports, general usage patterns, and coarse location data derived from IP address.

(f) Communications data: email address used for product updates, launch notifications, and service communications.

4.3 Categories of data subjects. The Service processes data relating to two categories of individuals: (a) registered users of the Service, and (b) third-party individuals about whom users store Profile Data.

4.4 Nature and purpose of processing. Pomet processes personal data for the following purposes: providing and maintaining the Service, including transcription, profile generation, and AI-generated briefings; improving the Service through analysis of aggregated and de-identified usage data; communicating with you about your account, product updates, and (with your consent) marketing; detecting, preventing, and responding to security threats, fraud, and misuse; and complying with applicable legal obligations.

4.5 Legal bases for processing (EEA/UK users). For users located in the European Economic Area or the United Kingdom, Pomet relies on the following legal bases under GDPR Art. 6(1): (a) Contract performance (Art. 6(1)(b)): processing necessary to provide the Service, including transcription, profile generation, and briefings; (b) Legitimate interests (Art. 6(1)(f)): processing necessary for product improvement, security, and fraud prevention, where those interests are not overridden by your rights; (c) Consent (Art. 6(1)(a)): processing of marketing communications and sensitive data (including voice recordings under Art. 9(2)(a)); and (d) Legal obligation (Art. 6(1)(c)): processing necessary to comply with applicable laws. You may withdraw consent at any time without affecting the lawfulness of processing that occurred before withdrawal.

4.6 Duration of processing. Pomet processes personal data for the duration of your account. Voice audio is not stored: it is processed in real time for transcription and is not retained. Transcripts and profile data are retained for as long as your account is active. If you delete your account, we will delete or de-identify your personal data within 30 days, except where retention is required by law, for fraud prevention, or to resolve disputes. Waitlist and marketing email addresses are retained until you unsubscribe. Device and usage data is retained in aggregated form for up to 12 months.

4.7 Data security measures. Pomet implements and maintains technical and organizational measures designed to protect personal data against accidental or unlawful destruction, loss, alteration, unauthorized disclosure, or access. These measures include: encryption of data in transit using TLS; encryption of data at rest; row-level security ensuring strict account-level data isolation; access controls limiting production system and user data access to authorized personnel on a need-to-know basis; authentication and authorization controls for all internal systems; regular testing and assessment of the effectiveness of security measures; and incident response procedures for detecting, reporting, and responding to personal data breaches. Pomet will review and update these measures periodically to reflect changes in technology, threats, and the sensitivity of the data processed.

4.8 Service providers. Pomet engages the following third-party service providers (who act as our processors under GDPR Article 28) to process personal data on its behalf in connection with the Service:

(a) OpenAI (San Francisco, CA): transcription and processing of voice notes via API under a Zero Data Retention agreement. OpenAI does not retain audio data for model training or long-term storage.

(b) Supabase (San Francisco, CA): database infrastructure for structured profile data storage.

(c) PostHog (San Francisco, CA): product analytics limited to a predefined set of usage events. These events never include note content, transcripts, profile names, or the text of user questions.

(d) Mailchimp / Intuit (Atlanta, GA): storage and delivery of email addresses for waitlist and marketing communications.

(e) Framer (Amsterdam, Netherlands): website hosting and basic analytics.

Each service provider is bound by a written agreement that imposes data protection obligations no less protective than those set out in these Terms, including obligations regarding confidentiality, data security, and limitations on the use of personal data. Pomet remains responsible for the acts and omissions of its service providers. We maintain an up-to-date list of service providers at [pomet.ai/service-providers] and update that page when we engage a new service provider or change an existing service provider’s scope of processing. Where we need to engage a service provider to maintain the security or continuity of the Service, we may do so and update the page promptly afterward. If you object to a new service provider on data protection grounds, you may terminate your account, and we will refund any prepaid fees covering the period after termination.

4.9 Data subject rights. If you are located in the European Economic Area or the United Kingdom, you have the following rights under applicable data protection law: the right to access and receive a copy of your personal data; the right to rectify inaccurate personal data; the right to erasure of your personal data; the right to restrict processing of your personal data; the right to object to processing based on legitimate interests; the right to data portability; the right to withdraw consent at any time; and the right to lodge a complaint with your local data protection supervisory authority. You may exercise these rights by emailing privacy@pomet.ai. We will respond within the timeframes required by applicable law, typically within 30 days. We will not charge a fee for responding to a rights request unless the request is manifestly unfounded or excessive. If we are unable to verify your identity, we may ask for additional information before processing your request.

If you are a California resident, you have additional rights under the California Consumer Privacy Act, as amended by the California Privacy Rights Act, including the right to know what personal information we collect and how it is used, the right to delete, the right to correct, the right to opt out of the sale or sharing of personal information, and the right to limit the use of sensitive personal information. We do not sell or share your personal information. To exercise your CCPA rights, email privacy@pomet.ai. We will not discriminate against you for exercising these rights.

Residents of Virginia, Colorado, Connecticut, Texas, and other states with comprehensive privacy laws may have similar rights under applicable state law. To exercise any state privacy right, email privacy@pomet.ai.

4.10 Third-party data subject rights. Pomet processes Profile Data about individuals who are not Pomet users. These individuals may have rights under applicable data protection law, including the right to access, correct, or delete their personal data. If an individual believes their personal data is stored in a Pomet user’s account and wishes to exercise their data protection rights, they may contact us at privacy@pomet.ai. We will take reasonable steps to address the request, which may include notifying the relevant account holder and facilitating the exercise of the individual’s rights.

4.11 AI processing and automated decision-making. Pomet uses artificial intelligence to transcribe voice notes, extract structured information, and generate profile summaries and briefings. These features are assistive tools designed to help you organize information. Pomet does not make automated decisions about you that produce legal or similarly significant effects within the meaning of GDPR Art. 22. You can always edit, correct, or delete any AI-generated content in your profiles. We do not use your notes, transcripts, or profile content to train AI models, and we do not share them with third parties for that purpose. Product improvement relies only on de-identified, category-level usage signals, as described in our Privacy Policy.

4.12 International data transfers. Pomet is based in the United States. Personal data collected through the Service is transferred to and processed in the United States, which does not have an adequacy decision from the European Commission. For transfers of personal data from the European Economic Area or the United Kingdom, we rely on Standard Contractual Clauses approved by the European Commission (and the UK equivalent, the International Data Transfer Agreement or Addendum, where applicable), supplemented by additional safeguards where necessary. You can request a copy of the applicable transfer mechanisms by contacting us at privacy@pomet.ai.

4.13 Data breach notification. In the event of a personal data breach that is likely to result in a risk to your rights and freedoms, we will notify you without undue delay and in any event within 72 hours of becoming aware of the breach. Our notification will describe the nature of the breach, the categories and approximate number of individuals and records affected, the likely consequences, and the measures we have taken or propose to take to address the breach and mitigate its effects. Where required by applicable law, we will also notify the relevant supervisory authority within the timeframes prescribed by that law.

4.14 Data deletion and return. You may delete your account at any time by contacting us at legal@pomet.ai or using the account deletion feature in the app. Upon account deletion, we will delete or de-identify your personal data within 30 days, except where retention is required by law, for fraud prevention, or to resolve disputes. Before deleting your account, you may export your profile data in a portable format using the export feature in the app. We will not retain your personal data after deletion except as expressly described in this section and in our Privacy Policy.

4.15 Accountability. Pomet maintains internal records of its processing activities as required by GDPR Art. 30. We conduct data protection impact assessments for processing activities that present a heightened risk to data subjects, including our use of AI for transcription and profile generation. We will provide users with reasonable information about our data protection practices on request.

Intellectual Property

5.1 Pomet’s IP. The Service and all of its underlying technology, software, design, trademarks, trade names, logos, and content created by Pomet are owned by or licensed to Pomet and are protected by intellectual property laws. Nothing in these Terms grants you any right to use Pomet’s intellectual property beyond what is necessary to use the Service as permitted.

5.2 Feedback. If you provide us with suggestions, feedback, or ideas about the Service (“Feedback”), you grant Pomet a perpetual, irrevocable, royalty-free, worldwide right to use that Feedback for any purpose without obligation or compensation to you.

5.3 Third-party services. The Service relies on and integrates with third-party services. Your use of the Service is also subject to those providers’ terms and policies. Pomet is not responsible for the availability, accuracy, or actions of any third-party provider. If a third-party service becomes unavailable or changes its terms, your access to related Service features may be affected.

Disclaimers and Limitation of Liability

6.1 Disclaimers. THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, POMET EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, AND RELIABILITY. We do not warrant that the Service will be uninterrupted, error-free, or free of harmful components. We do not warrant the accuracy, completeness, or usefulness of any AI-generated output, briefing, or summary produced by the Service. AI-generated profiles and briefings are assistive tools, consistent with the disclosures in the Pomet Privacy Policy including that Pomet does not make automated decisions about you that produce legal or similarly significant effects. You should exercise your own judgment before relying on any output.

6.2 Consumer protection savings clause. Nothing in Section 6.1 limits any rights you may have under consumer protection laws that cannot be excluded by contract. For users in the European Economic Area or the United Kingdom, nothing in these Terms excludes or limits our liability for damages arising from our failure to comply with applicable data protection law, including GDPR, to the extent that such liability cannot be excluded or limited under that law.

6.3 Limitation of liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, POMET AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND LICENSORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING LOSS OF PROFITS, DATA, GOODWILL, OR BUSINESS OPPORTUNITIES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE SERVICE, EVEN IF POMET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

6.4 Liability cap. IN NO EVENT WILL POMET’S TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE SERVICE EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO POMET IN THE TWELVE MONTHS PRECEDING THE CLAIM OR (B) USD $100.

6.5 Jurisdictional variations. Some jurisdictions do not allow the exclusion or limitation of certain damages. If those laws apply to you, some of the above limitations may not apply, and you may have additional rights.

6.6 Indemnification. You agree to indemnify, defend, and hold harmless Pomet and its officers, directors, employees, agents, and licensors from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or relating to your use of the Service, your User Content or Profile Data, your violation of these Terms, or your violation of any applicable law or the rights of any third party. This Section 6.6 does not apply to users located in the European Economic Area or the United Kingdom to the extent it would be unenforceable under applicable consumer protection law.

Termination

7.1 By you. You may close your account at any time by contacting us at legal@pomet.ai or using the account deletion feature in the app. Upon closure, we will delete your account data in accordance with Section 4.14 and our Privacy Policy, which commits to deleting or de-identifying your data within 30 days. If you have an active paid subscription, cancellation of the subscription and deletion of the account are separate actions. Cancelling your subscription stops future billing; deleting your account removes your data.

7.2 By Pomet. We may suspend or terminate your access to the Service at any time, with or without notice, if we believe you have violated these Terms, if required by law, or for any other reason in our sole discretion. We will make reasonable efforts to notify you where practical and, except in cases of serious or repeated violations, provide you with an opportunity to export your data before termination takes effect. If we terminate your account without cause, we will refund any prepaid subscription fees for the unused portion of your billing period.

7.3 Effect of termination. Upon termination, your right to use the Service ends immediately. Provisions of these Terms that by their nature should survive termination, including Sections 4 (Data Processing Terms), 5 (Intellectual Property), 6 (Disclaimers and Limitation of Liability), 8 (Dispute Resolution), 9 (General Provisions), and 10 (Apple App Store Terms), will survive.

Dispute Resolution

8.1 Governing law. These Terms are governed by the laws of the State of California, United States, without regard to its conflict of laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

8.2 Informal resolution. Before initiating any formal dispute process, you agree to contact us at legal@pomet.ai and give us 30 days to attempt informal resolution.

8.3 Binding arbitration (non-EU/EEA users). If we cannot resolve a dispute informally, and you are not located in the European Economic Area or the United Kingdom, you and Pomet agree to resolve it through binding individual arbitration administered by JAMS under its Streamlined Arbitration Rules and Procedures, rather than in court. The arbitration will take place in San Francisco, California, or remotely if both parties agree. YOU AND POMET EACH WAIVE THE RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE PROCEEDING. Each party may only bring claims in their individual capacity.

8.4 EU/EEA and UK users. If you are located in the European Economic Area or the United Kingdom, Sections 8.3 and 8.6 (binding arbitration and class action waiver) do not apply to you. Disputes arising under or in connection with these Terms or the Service may be brought before the courts of your country of residence or, at your election, before the courts of San Francisco, California. Nothing in this section limits your right to bring proceedings before the courts that have jurisdiction under applicable EU or UK law, including any rights under Regulation (EU) No 1215/2012 (Brussels I Recast). You also have the right to refer a data protection dispute to your local supervisory authority.

8.5 Small claims and injunctive relief. Either party may bring an individual claim in small claims court. Either party may also seek injunctive or equitable relief in any court of competent jurisdiction to prevent irreparable harm without first going through arbitration.

8.6 Opt-out. You may opt out of the arbitration agreement by sending written notice to legal@pomet.ai within 30 days of the date you first accept these Terms. Your notice must include your name, account email, and a clear statement that you are opting out of arbitration. Opting out will not affect any other provision of these Terms.

General Provisions

9.1 Changes to these Terms. We may update these Terms from time to time. When we do, we will update the “Last updated” date at the top and, for material changes, provide at least 14 days’ notice via email or in-app notification before the changes take effect. For users in the European Economic Area or the United Kingdom, we will seek your consent to material changes where required by applicable law. This is consistent with our Privacy Policy’s commitment to notify you by email and seek consent before applying material changes to data processing practices. If you do not agree with changes, you should stop using the Service and close your account before they take effect.

9.2 Entire agreement. These Terms and our Privacy Policy constitute the entire agreement between you and Pomet regarding the Service and supersede any prior agreements on that subject.

9.3 Severability. If any provision of these Terms is held invalid or unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will remain in full force.

9.4 Waiver. Our failure to enforce any provision of these Terms is not a waiver of our right to enforce it later.

9.5 Assignment. You may not assign or transfer these Terms or any rights or obligations under them without our prior written consent. We may assign these Terms freely, including in connection with a merger, acquisition, or sale of assets, provided that the assignee assumes all obligations under Section 4 (Data Processing Terms).

9.6 Force majeure. Pomet is not liable for any delay or failure to perform resulting from causes beyond our reasonable control, including natural disasters, government actions, internet outages, or third-party service failures. This section does not relieve Pomet of its obligations under Section 4.13 (Data Breach Notification) or its duty to maintain security measures under Section 4.7.

9.7 No third-party beneficiaries. These Terms do not create any third-party beneficiary rights, except that (a) individuals whose Profile Data is processed under Section 4.10 may enforce their data protection rights as described in that section to the extent required by applicable data protection law, and (b) Apple Inc. is a third-party beneficiary of Section 10 as set forth below.

9.8 Contact us. If you have questions about these Terms, please contact us: Pomet, Inc., 2261 Market Street STE 76796, San Francisco, CA 94114, United States. Email: legal@pomet.ai. For data protection inquiries: privacy@pomet.ai.

Apple App Store Terms

10.1 Scope. This Section 10 applies only if you download or use the Service through the Apple App Store. These terms are required by Apple’s App Store Review Guidelines and are in addition to (not in place of) the other provisions of these Terms.

10.2 Acknowledgment. You acknowledge that these Terms are between you and Pomet only, not with Apple Inc. (“Apple”). Pomet, not Apple, is solely responsible for the Service and its content.

10.3 Scope of license. The license granted to you for the Service is limited to a non-transferable license to use the Service on any Apple-branded device that you own or control, as permitted by the Usage Rules set forth in the Apple Media Services Terms of Service.

10.4 Maintenance and support. Pomet is solely responsible for providing any maintenance and support services for the Service. Apple has no obligation to provide any maintenance or support services.

10.5 Warranty. Pomet is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. If the Service fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the app. To the maximum extent permitted by applicable law, Apple has no other warranty obligation with respect to the Service, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty are Pomet’s sole responsibility.

10.6 Product claims. Pomet, not Apple, is responsible for addressing any claims you or any third party may have relating to the Service or your possession or use of the Service, including (a) product liability claims, (b) any claim that the Service fails to conform to any applicable legal or regulatory requirement, and (c) claims arising under consumer protection, privacy, or similar legislation, including in connection with the Service’s use of HealthKit or HomeKit frameworks, if applicable.

10.7 Intellectual property claims. In the event of any third-party claim that the Service or your possession and use of the Service infringes a third party’s intellectual property rights, Pomet, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such claim.

10.8 Legal compliance. You represent and warrant that (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.

10.9 Third-party beneficiary. Apple and its subsidiaries are third-party beneficiaries of this Section 10. Upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce this Section 10 against you as a third-party beneficiary.

10.10 Contact. Any questions, complaints, or claims regarding the Service should be directed to Pomet at legal@pomet.ai, not to Apple.