Terms of Service

1 Agreement to these Terms

By creating an account, joining a workspace, purchasing a plan, clicking to accept, or using the Services, you agree to these Terms. If you use the Services for a company, client, or other organization, you represent that you have authority to bind that organization. In that case, you and Customer refer to that organization, and you remain responsible for your own compliance as an Authorized User.

If you do not agree, do not use the Services. Additional order forms, plan descriptions, data processing terms, or written agreements accepted by Pomeg may also apply. If a signed agreement expressly conflicts with these Terms, the signed agreement controls for that conflict.

2 Eligibility and account authority

You must be at least 18 years old and legally able to enter a contract. Pomeg is designed for creators, independent professionals, teams, agencies, brands, and other people using social attention for commercial or professional activity. A user does not need to be incorporated, but must provide accurate account and billing information and comply with the laws that apply to the user's activity.

You may not use the Services if you are prohibited by applicable sanctions, export controls, platform rules, or law. You represent that neither you nor the person or organization you represent is subject to such a prohibition.

3 Accounts workspaces and administrators

You are responsible for maintaining the confidentiality of login credentials and for activity under your account. You must use reasonable security, promptly update inaccurate information, and notify Pomeg of suspected unauthorized access. Accounts may not be shared by people who have not been invited as Authorized Users.

A workspace owner or administrator may invite or remove users, assign roles, connect social accounts, access workspace information, change settings, purchase or cancel a plan, and otherwise control the workspace. If you join a workspace owned by another person or organization, that owner or its administrators control your workspace access and Customer Content. Pomeg may rely on their instructions.

You are responsible for confirming that each person given access is authorized and for removing access when it is no longer needed. Pomeg is not responsible for actions taken by an authorized workspace owner, administrator, or member within the permissions assigned to that person.

4 The Services and license

Subject to these Terms and payment of applicable fees, Pomeg grants Customer a limited, non-exclusive, non-transferable, non-sublicensable right during the subscription term to access and use the Services for Customer's internal business or professional purposes. An agency may use the Services for a client only through authorized workspaces and plans and remains responsible for the client's access and instructions.

Features, integrations, limits, and availability depend on the selected plan and may change. Pomeg may improve or modify the Services, discontinue a feature, impose reasonable technical limits, or replace a third-party integration. Pomeg will provide notice when a material reduction to a paid core feature is reasonably likely to affect an active subscription, unless immediate action is required for security, law, or a third-party platform change.

5 Customer Content

Customer retains ownership of Customer Content. Customer grants Pomeg a worldwide, non-exclusive, limited, royalty-free license during the applicable term to host, copy, transmit, display, modify, and otherwise process Customer Content only as needed to provide, secure, support, and improve the operation of the Services, comply with Customer's instructions, and meet legal obligations.

Customer represents and warrants that it has all rights, permissions, notices, and lawful bases needed for Pomeg to process Customer Content as contemplated by these Terms. Customer is responsible for the accuracy, legality, and content of Customer Content and for instructions given through the Services.

Pomeg may create and use aggregated or de-identified information that cannot reasonably identify Customer, an Authorized User, or a lead. Pomeg will not attempt to re-identify that information except to test whether de-identification is effective or as permitted by law.

6 Connected accounts and third party services

The Services may connect with Instagram, Meta, Whop, and other third-party services. Customer authorizes Pomeg to access and exchange data with a connected service as necessary to provide the enabled features. Customer must own or be authorized to administer every connected account and must comply with the connected service's terms, policies, permissions, and messaging rules.

Third-party services are independent from Pomeg. They may change APIs, permissions, review requirements, message windows, prices, or availability, or may suspend or revoke access. Pomeg does not control and is not liable for a third-party service, its data, or a change that prevents an integration from operating. Pomeg may suspend an integration when necessary to comply with platform rules or protect the Services.

7 Privacy and data processing

The Pomeg Privacy Policy explains how Pomeg handles personal data as a controller or business. For Customer Content that Pomeg processes on Customer's behalf, Customer acts as controller or business and Pomeg acts as processor or service provider, unless law assigns a different role.

Pomeg will process Customer Content only to provide and protect the Services, follow Customer's documented instructions in these Terms and use of the Services, comply with law, or as otherwise agreed in writing. Pomeg will require personnel authorized to process Customer Content to protect its confidentiality and will use appropriate technical and organizational safeguards.

Customer generally authorizes Pomeg to use subprocessors for hosting, communications, AI inference, analytics, payment support, security, and other necessary service functions. Pomeg remains responsible for its subprocessor obligations to the extent required by applicable law and will impose data protection terms appropriate to the service. Current core providers are described in the Privacy Policy and Security Overview.

Pomeg will reasonably assist Customer with verified data subject requests, security incident obligations, and legally required privacy assessments, taking into account the nature of processing and information available to Pomeg. Customer is responsible for responding to people whose data Customer controls. On termination, Pomeg will delete or return Customer Content as described in Section 18 and the Privacy Policy, unless law requires retention.

If applicable privacy law requires additional data processing terms, transfer clauses, or a separate data processing addendum, Customer must contact Pomeg and complete those terms before submitting data that requires them.

8 AI features

AI features may draft, summarize, classify, recommend, or automate content based on Customer's instructions and context. Pomeg uses OpenAI and Anthropic as commercial AI providers. Pomeg applies automated redaction designed to remove direct identifiers before sending the minimum context needed for an AI request, as described in the Privacy Policy.

AI output is probabilistic and may be inaccurate, incomplete, biased, inappropriate, or similar to content produced for someone else. Customer must review output before relying on it or sending it to a lead. Customer is responsible for every decision, communication, offer, claim, or action taken using AI output, including messages sent by an automation Customer enables.

Customer may not use AI features to make decisions that produce legal or similarly significant effects about employment, credit, housing, insurance, health care, education, eligibility, law enforcement, or access to essential services. AI output is not legal, tax, medical, financial, or other professional advice. Pomeg does not guarantee sales, conversion, revenue, or any business result.

9 Acceptable use

You may not use the Services to:

Violate law, sanctions, platform rules, privacy rights, publicity rights, intellectual property rights, or contractual restrictions.

Send spam, deceptive offers, unlawful marketing, harassment, threats, hate, exploitation, malware, phishing, or fraudulent content.

Impersonate another person or misrepresent identity, affiliation, authorization, product results, or the source of a message.

Collect, upload, or use data without a lawful basis, required notice, consent, or platform permission.

Intentionally process government identifiers, payment card data, financial account credentials, precise location, medical records, biometric identifiers, children's data, or other specially regulated data unless Pomeg has expressly agreed in writing that the relevant Service is designed for it.

Probe, scan, or test vulnerabilities without authorization; bypass security or usage limits; disrupt the Services; introduce malicious code; or access another workspace or account without permission.

Reverse engineer, copy, scrape, frame, resell, sublicense, or create a competing service from the Services except to the limited extent a restriction is prohibited by law.

Use automated means to extract data or place unreasonable load on the Services other than through an authorized API and within documented limits.

Use the Services or output to develop or train a competing general-purpose AI or messaging product without Pomeg's written permission.

Pomeg may investigate suspected violations and may remove content, restrict a feature, suspend an integration, or suspend or terminate access when reasonably necessary to protect people, platforms, or the Services. Pomeg will provide notice and an opportunity to cure when reasonable, but may act immediately for urgent security, legal, payment, or abuse risks.

10 Customer communications and compliance

Customer is the sender and decision-maker for communications made through its workspace. Customer is responsible for message content, recipients, timing, frequency, consent, opt-outs, and compliance with marketing, consumer protection, privacy, recording, anti-spam, telemarketing, and platform laws and rules. Pomeg's automation or AI features do not replace Customer's compliance duties.

Customer must honor valid opt-outs and must not use imported data or a connected account in a way that a reasonable person would not expect. Customer must provide its own privacy notice when required and must not instruct Pomeg to conceal Customer's identity or evade a platform restriction.

11 Plans fees and payment

Paid features require the fees shown at checkout, in the applicable plan, or in an order form. Prices are stated in the currency displayed at checkout and exclude taxes unless stated otherwise. Plan limits may include users, connected accounts, active leads, messages, automations, AI use, storage, or other usage measures. Pomeg may restrict or charge for use above a plan limit after giving applicable notice.

Whop processes checkout and recurring payments and may act as merchant of record for payment-network or tax purposes, depending on the transaction and configuration. Your payment is also subject to Whop's applicable buyer terms. You authorize Pomeg and Whop to charge the payment method on file for fees, taxes, and other disclosed amounts. Pomeg does not generally receive full card details.

You must keep billing information current. If a payment fails, Pomeg or Whop may retry the charge, request another payment method, limit paid features, suspend access, or cancel the subscription. You remain responsible for undisputed amounts due and reasonable collection costs to the extent permitted by law.

12 Automatic renewal

Monthly and annual subscriptions automatically renew for successive periods of the same length unless canceled before the renewal date. By purchasing a recurring plan, you give express authorization for recurring charges at the price disclosed at checkout, including applicable taxes. The checkout or receipt will identify the billing period and renewal terms.

Pomeg may change a subscription price for a future renewal by giving advance notice required by law. The new price will apply no earlier than the next renewal after the notice period. If you do not agree, you must cancel before that renewal. Pomeg or Whop will send renewal reminders where applicable law requires them.

13 Cancellation

You may cancel a subscription through the billing controls made available by Pomeg or Whop. Cancellation stops future renewals and ordinarily takes effect at the end of the current paid billing period. You will retain access through that period unless the subscription is canceled immediately because of abuse, risk, a payment reversal, or a request that clearly asks for immediate termination.

You must cancel before the displayed renewal date to avoid the next charge. Deleting an app, disconnecting Instagram, becoming inactive, or sending an informal message outside the stated cancellation method does not by itself cancel a subscription. Pomeg will not make cancellation materially more difficult than subscription where applicable law requires comparable cancellation.

14 Refunds credits and withdrawal rights

Except where these Terms state otherwise or law requires it, payments are final and non-refundable. Pomeg does not provide refunds or prorated credits for partial billing periods, unused features, reduced usage, failure to cancel before renewal, or dissatisfaction after access has been provided.

Pomeg or Whop may issue a refund or credit for a duplicate charge, confirmed payment-processing error, unauthorized transaction, non-delivery, or another circumstance required by law, payment-network rules, or Whop's obligations. Any discretionary refund does not create an obligation to provide another refund.

Nothing in these Terms limits a mandatory consumer remedy or withdrawal right. If applicable law gives you a cooling-off period, you may exercise it as the law permits. Where required, a request for immediate performance during that period and any acknowledgment affecting the withdrawal right must be obtained separately at checkout. If a valid withdrawal applies after performance has begun, Pomeg may deduct a proportionate amount where law allows.

15 Taxes

Prices exclude sales, use, value-added, withholding, and similar taxes unless checkout states otherwise. Whop may calculate, collect, and remit taxes where it acts as merchant of record or is otherwise required. You are responsible for taxes that are not collected at checkout, except taxes based on Pomeg's net income. If you claim an exemption, you must provide valid documentation before the charge where required.

16 Trials promotions and free plans

Pomeg may offer a free plan, trial, discount, credit, or promotion subject to additional terms. Unless checkout states otherwise, a trial that requires a payment method converts to the disclosed paid subscription when the trial ends and renews until canceled. You must cancel before the trial ends to avoid the first charge.

Pomeg may limit eligibility, refuse repeated trials, end a promotion, or modify a free plan. Credits have no cash value, are non-transferable, and expire as stated. Pomeg may terminate a free account or delete inactive free-workspace data after reasonable notice, subject to law and the Privacy Policy.

17 Availability changes and support

Pomeg will use commercially reasonable efforts to operate the Services, but does not promise uninterrupted or error-free availability. Maintenance, security events, internet failures, provider outages, platform reviews, API changes, rate limits, and events beyond Pomeg's reasonable control may affect service.

Unless a signed order states a service level, Pomeg provides no uptime, response-time, recovery-time, or support-resolution commitment. Support channels and hours may vary by plan. Pomeg may use technical limits and fair-use controls to protect reliability and prevent abuse.

18 Suspension termination and data after termination

These Terms continue until all accounts and subscriptions governed by them end. Customer may stop using the Services and cancel as described above. Pomeg may suspend or terminate access for material breach, nonpayment, security risk, unlawful or abusive use, platform requirement, or discontinuation of the Services. When reasonable, Pomeg will give notice and an opportunity to cure.

Upon termination, the license to use the Services ends. Before termination takes effect, Customer should export Customer Content using available tools. Pomeg may disable access immediately when necessary for security or law. Pomeg will delete or de-identify Customer Content in accordance with the Privacy Policy and Customer's valid instructions, subject to limited backup cycles and legal retention.

Sections that by their nature should survive will survive, including payment obligations, ownership, confidentiality, disclaimers, indemnification, liability limits, dispute resolution, and general terms.

19 Pomeg property and feedback

Pomeg and its licensors own the Services, software, interfaces, designs, documentation, models, workflows, trademarks, and all related intellectual property other than Customer Content and third-party materials. These Terms grant only the limited access right stated in Section 4. No other right is implied.

If you provide feedback or suggestions, you grant Pomeg a perpetual, irrevocable, worldwide, royalty-free right to use them without restriction or compensation. This does not give Pomeg ownership of Customer Content or confidential information included by mistake; do not include confidential information in feedback unless you intend Pomeg to use it for that purpose.

20 Confidentiality

Each party may receive non-public information that a reasonable person would understand to be confidential. The receiving party will use it only to perform or receive the Services and will protect it using reasonable care. Confidential information does not include information that becomes public without breach, was already lawfully known without restriction, is independently developed, or is lawfully received from another source without confidentiality duty.

A receiving party may disclose confidential information when law requires it, after giving advance notice where legally permitted and reasonably cooperating with efforts to limit disclosure. Pomeg may disclose confidential information to personnel and providers who need it for the Services and are bound by appropriate confidentiality obligations.

21 Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED AS IS AND AS AVAILABLE. POMEG DISCLAIMS ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AND QUIET ENJOYMENT, AND ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

POMEG DOES NOT WARRANT THAT THE SERVICES, INTEGRATIONS, AI OUTPUTS, ATTRIBUTION RESULTS, AUTOMATIONS, OR THIRD-PARTY DATA WILL BE ACCURATE, COMPLETE, SECURE, AVAILABLE, OR ERROR-FREE, OR THAT THEY WILL PRODUCE REVENUE, SALES, LEADS, OR ANOTHER RESULT. POMEG IS NOT RESPONSIBLE FOR A CUSTOMER'S OFFER, PRODUCT, MESSAGE, LEAD RELATIONSHIP, OR USE OF OUTPUT.

Some jurisdictions do not allow certain warranty exclusions. In that case, the exclusions apply only to the extent permitted, and mandatory consumer warranties remain unaffected.

22 Indemnification

If you use the Services for business or professional purposes, Customer will defend, indemnify, and hold harmless Pomeg, its affiliates, and their officers, directors, employees, and agents from third-party claims, damages, judgments, penalties, costs, and reasonable legal fees arising from Customer Content, Customer's products or offers, communications sent through the Services, connected accounts, violation of law or platform rules, infringement of another person's rights, or breach of these Terms.

Pomeg will promptly notify Customer of a covered claim, allow Customer to control the defense and settlement, and provide reasonable cooperation at Customer's expense. Customer may not settle a claim in a way that admits fault by or imposes an obligation on Pomeg without Pomeg's written consent. This section does not apply to an individual consumer to the extent prohibited by mandatory law.

23 Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, POMEG AND ITS AFFILIATES, LICENSORS, AND PROVIDERS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES; LOSS OF PROFITS, REVENUE, GOODWILL, DATA, OR BUSINESS OPPORTUNITY; OR THE COST OF SUBSTITUTE SERVICES, EVEN IF ADVISED THAT SUCH DAMAGES ARE POSSIBLE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF POMEG AND ITS AFFILIATES, LICENSORS, AND PROVIDERS FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS OR THE AMOUNT CUSTOMER PAID POMEG FOR THE SERVICES DURING THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY.

The exclusions and cap apply regardless of legal theory and even if a remedy fails its essential purpose. They do not limit liability that cannot lawfully be limited, including liability for fraud, willful misconduct, or another matter where applicable law prohibits limitation. Mandatory consumer remedies remain unaffected.

24 United States arbitration agreement

Informal resolution

This Section 24 applies only to users located in the United States. Before starting arbitration, the claimant must send an individual written Notice of Dispute describing the claimant, account email, facts, requested relief, and a good-faith calculation of the amount claimed. Send notice to privacy@pomeg.ai with the subject Notice of Dispute and by mail to Pomeg's address in Section 29. The parties will attempt in good faith to resolve the dispute for 30 days after receipt. Limitations periods are tolled during that 30-day period where law permits.

Binding individual arbitration

If the dispute is not resolved, either party may require final and binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules for a person using the Services primarily for personal purposes and its Commercial Arbitration Rules for other users, as applicable and modified by these Terms. The Federal Arbitration Act governs this arbitration agreement.

Arbitration may occur by documents, telephone, video conference, or in person as the applicable rules and law permit. A consumer may choose a reasonably convenient location. A business arbitration will take place in Dover, Delaware unless the parties agree otherwise. Fees will be allocated under the applicable rules, and Pomeg will pay amounts the law or rules require it to pay.

The arbitrator may award the same individual remedies a court could award, but only to the extent necessary to resolve the individual claim. The arbitrator will issue a reasoned written decision. Judgment on the award may be entered in any court with jurisdiction.

Exceptions

Either party may bring an individual claim in small claims court if it qualifies. Either party may seek temporary or injunctive relief in court to protect intellectual property, confidential information, account security, or prevent unauthorized access or abuse. A public agency may pursue an enforcement action where law permits.

Class action and jury trial waiver

YOU AND POMEG AGREE THAT EACH MAY BRING CLAIMS ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF, CLASS MEMBER, OR REPRESENTATIVE IN A CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION. THE ARBITRATOR MAY NOT COMBINE CLAIMS OF DIFFERENT PEOPLE WITHOUT ALL PARTIES' WRITTEN CONSENT. TO THE EXTENT A CLAIM PROCEEDS IN COURT, YOU AND POMEG WAIVE A JURY TRIAL TO THE EXTENT PERMITTED BY LAW.

Right to opt out

You may opt out of this arbitration agreement within 30 days after first accepting these Terms. Email privacy@pomeg.ai with the subject Arbitration Opt Out and include your full name, account email, workspace name if applicable, and a clear statement that you opt out of Section 24. Opting out will not affect other Terms or access to the Services. An opt-out applies only to the person or entity identified in the notice.

Severability

If the prohibition on class or representative arbitration is unenforceable for a particular claim, that claim must proceed in court and the remaining arbitrable claims will remain in individual arbitration. If another part of this Section is unenforceable, it will be severed and the rest will remain effective, unless severance would permit class or representative arbitration.

25 Governing law and courts

Delaware law governs these Terms without regard to conflict-of-law principles, except that the Federal Arbitration Act governs Section 24. For a dispute not subject to arbitration, the parties consent to exclusive jurisdiction and venue in the state courts located in Kent County, Delaware, and the United States District Court for the District of Delaware.

If you are a consumer, this choice does not deprive you of mandatory protections of the country or state where you live. You may bring a claim in a local court when applicable consumer law gives you that non-waivable right. Section 24 does not apply where a pre-dispute arbitration agreement is prohibited or unenforceable.

26 Export sanctions and government use

You may not access or use the Services in violation of United States or other applicable export controls or sanctions. You represent that you are not located in a comprehensively sanctioned territory and are not a restricted party. If Customer is a government entity, the Services are commercial computer software and documentation provided with only the rights granted under these Terms, subject to mandatory procurement law.

27 Changes to these Terms

Pomeg may update these Terms. Pomeg will post the updated Terms with a new effective date and will provide additional notice before a material change takes effect when required. A change will not retroactively alter a dispute for which a valid Notice of Dispute was received before the change. If you do not agree to updated Terms, you must stop using the Services and cancel before the effective date. Continued use after the effective date constitutes acceptance where law permits.

28 General terms

Neither party is liable for delay or failure caused by events beyond its reasonable control, except payment obligations. Customer may not assign these Terms without Pomeg's written consent. Pomeg may assign them in connection with a merger, acquisition, reorganization, sale of assets, or by operation of law. No third party is a beneficiary of these Terms unless expressly stated.

If a provision is unenforceable, it will be enforced to the maximum lawful extent and the remainder will continue, subject to the special rule in Section 24. A waiver must be in writing and is not a continuing waiver. Headings are for convenience. The words including and such as are not limiting. Electronic notices and signatures are valid to the extent permitted by law.

These Terms, the Privacy Policy, the applicable plan or order, and any incorporated written terms are the entire agreement about the Services and replace earlier agreements on the same subject. Nothing creates a partnership, franchise, agency, fiduciary, employment, or joint venture relationship between Pomeg and Customer.

29 Contact and legal notices

Questions about these Terms may be sent to privacy@pomeg.ai. Formal notices to Pomeg must be sent to that email and the mailing address below unless these Terms provide another method:

Pomeg, Inc.
1111B South Governors Avenue
Suite 48579
Dover, Delaware 19904
United States

Email privacy@pomeg.ai