Terms of Service

Last Updated: November 14, 2025

Welcome to Pomelli (pomelli.pro), an AI-powered marketing content generation platform. By accessing or using our service, you agree to be bound by these Terms of Service. Please read them carefully.

1. Description of Service

Pomelli is an AI-driven marketing tool that provides the following services:

Brand Analysis: Analyze your brand website to identify color schemes, design styles, and brand tone
Business DNA Creation: Generate comprehensive brand profiles based on website analysis
Marketing Content Generation: Create marketing copy and visual assets aligned with your brand
Content Editing: Modify and refine generated content with local and iterative editing tools
Asset Management: Store, organize, and download your marketing materials

2. Acceptance of Terms

By creating an account, accessing, or using Pomelli, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree, please do not use our service.

3. User Accounts and Registration

Account Creation

You must provide accurate, complete, and current information during registration
You may register using third-party authentication services (Google, etc.)
You must be at least 13 years old (or the minimum age in your jurisdiction) to create an account

Account Security

You are solely responsible for maintaining the confidentiality of your account credentials
You are responsible for all activities that occur under your account
You must notify us immediately at support@pomelli.pro of any unauthorized access or security breach
We are not liable for any loss or damage arising from your failure to protect your account

4. Credits System and Payments

Credits

Pomelli operates on a credits-based system
Credits are required to generate marketing content and use AI features
Credits may be purchased through subscription plans or one-time purchases
Credits are non-transferable and have no cash value

Payments

All fees are charged in accordance with your selected plan
Payments are processed through third-party payment providers (Stripe, Creem)
You authorize us to charge your payment method for all fees incurred

Refunds

Refund policies are detailed in our separate Refund Policy
Generally, credits are non-refundable except as required by applicable law
For refund requests, contact support@pomelli.pro

Price Changes

We reserve the right to modify pricing with 30 days' notice to active subscribers
Price changes do not affect current subscription periods, only renewals

5. Content Ownership and Licenses

Your Generated Content

You own all rights to marketing copy, images, and other creative materials generated using Pomelli
You may use, modify, distribute, and commercialize your generated content without restriction
You are not required to attribute Pomelli when using your generated content

License to Pomelli

You grant us a limited, non-exclusive license to store, process, and display your content solely to provide our services
We will not use your generated content for marketing purposes without your explicit consent
We may use anonymized, aggregated data to improve our AI models

Input Data

You represent that you have the right to submit website URLs and other input data to Pomelli
You are responsible for ensuring your use of third-party websites for brand analysis complies with applicable laws

6. User Obligations and Acceptable Use

You agree to use Pomelli only for lawful purposes and in accordance with these Terms. You agree NOT to:

Violate any applicable local, national, or international law or regulation
Infringe upon intellectual property rights, privacy rights, or other rights of third parties
Submit false, misleading, or fraudulent information
Attempt to gain unauthorized access to our systems or other users' accounts
Interfere with or disrupt the service or servers
Use automated systems (bots, scrapers) to access the service without authorization
Resell or redistribute Pomelli's services without authorization
Reverse engineer, decompile, or disassemble any part of the service

7. Prohibited Content

You may not use Pomelli to generate or distribute content that:

Is illegal, harmful, threatening, abusive, harassing, or defamatory
Infringes on intellectual property rights, including trademarks and copyrights
Contains hate speech, discrimination, or promotes violence
Is sexually explicit or pornographic
Violates privacy rights or contains personal information without consent
Promotes illegal activities, including drug use or underage drinking
Contains malware, viruses, or other harmful code
Constitutes spam or unsolicited commercial messages

We reserve the right to review content and remove or refuse to generate content that violates these guidelines.

8. AI-Generated Content Disclaimers

Quality and Accuracy

AI-generated content is provided "as is" and may require review and editing
We do not guarantee the accuracy, quality, or suitability of generated content for your specific purposes
Generated content may contain errors, inconsistencies, or inappropriate material
You are solely responsible for reviewing and editing content before use

Brand Analysis Limitations

Brand analysis is based on publicly accessible website information
Analysis results may not fully capture your brand identity or marketing goals
We are not responsible for inaccuracies in automated brand analysis

Third-Party AI Services

We may use third-party AI services to provide certain features
These services are subject to their own terms and limitations
We are not responsible for the performance or availability of third-party AI models

You may authorize Pomelli to publish content to your social media accounts
You grant us limited authorization to access your social media accounts solely for publishing purposes
We do not store your social media passwords; we use secure authorization tokens
You can revoke access at any time through your account settings

Third-Party Platform Terms

Content published to social media platforms is subject to their respective terms of service
We are not responsible for how third-party platforms handle, display, or distribute your content
Account suspensions or content removals by third-party platforms are beyond our control

Links to Third-Party Websites

Our service may contain links to third-party websites or services
We are not responsible for the content, privacy policies, or practices of third-party sites
Your use of third-party websites is at your own risk

10. Service Availability and Modifications

No Guarantee of Availability

We provide the service on an "as is" and "as available" basis
We do not guarantee uninterrupted, timely, secure, or error-free service
We may experience downtime for maintenance, upgrades, or unforeseen issues

Right to Modify or Discontinue

We reserve the right to modify, suspend, or discontinue any part of the service at any time
We may impose limits on certain features or restrict access to parts of the service
We will make reasonable efforts to notify you of significant changes, but are not obligated to do so

11. Termination and Account Deletion

Termination by You

You may terminate your account at any time through your account settings
Termination does not entitle you to a refund of unused credits or subscription fees

Termination by Us

We may suspend or terminate your account immediately, without prior notice, if you:

Violate these Terms of Service
Engage in fraudulent or illegal activities
Abuse the service or use it in a manner harmful to others
Fail to pay applicable fees

Effect of Termination

Upon termination, your right to use the service ceases immediately
We may delete your account data and generated content in accordance with our Privacy Policy
Certain provisions of these Terms (including ownership, disclaimers, and limitations of liability) survive termination

12. Disclaimers and Limitation of Liability

Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

Warranties of merchantability, fitness for a particular purpose, or non-infringement
That the service will be uninterrupted, secure, or error-free
That any errors will be corrected
That the service or servers are free of viruses or harmful components

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, POMELLI AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR:

Any indirect, incidental, special, consequential, or punitive damages
Loss of profits, revenue, data, or business opportunities
Damages arising from your use or inability to use the service
Damages arising from generated content, including inaccuracies or errors
Damages arising from third-party actions or services

IN NO EVENT SHALL OUR TOTAL LIABILITY EXCEED THE AMOUNT YOU PAID TO POMELLI IN THE 12 MONTHS PRECEDING THE CLAIM, OR $100, WHICHEVER IS GREATER.

Some jurisdictions do not allow the exclusion of certain warranties or limitations on liability. In such jurisdictions, our liability is limited to the greatest extent permitted by law.

13. Indemnification

You agree to indemnify, defend, and hold harmless Pomelli and its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising from:

Your use of the service
Your violation of these Terms of Service
Your violation of any rights of third parties, including intellectual property rights
Content you generate, publish, or distribute using Pomelli
Your breach of any representation or warranty in these Terms

14. Governing Law and Dispute Resolution

Governing Law

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

Dispute Resolution

You agree to first attempt to resolve any disputes informally by contacting us at support@pomelli.pro
If informal resolution is unsuccessful, disputes shall be resolved through binding arbitration in accordance with applicable arbitration rules
You waive the right to participate in class actions or class arbitrations

15. Changes to These Terms

We reserve the right to modify these Terms of Service at any time. When we make changes:

We will update the "Last Updated" date at the top of this page
We will notify users of material changes via email or service notification
Changes become effective immediately upon posting for new users
For existing users, changes become effective 30 days after posting, or upon your continued use of the service, whichever comes first

Your continued use of Pomelli after changes are posted constitutes acceptance of the modified Terms.

16. General Provisions

Entire Agreement

These Terms, together with our Privacy Policy and Refund Policy, constitute the entire agreement between you and Pomelli.

Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

Waiver

Our failure to enforce any right or provision of these Terms does not constitute a waiver of that right or provision.

Assignment

You may not assign or transfer these Terms or your account without our prior written consent. We may assign our rights and obligations without restriction.

Force Majeure

We are not liable for any failure or delay in performance due to circumstances beyond our reasonable control, including natural disasters, war, terrorism, labor disputes, or internet service failures.

17. Contact Information

If you have any questions, concerns, or feedback regarding these Terms of Service, please contact us:

Email: support@pomelli.pro Website: pomelli.pro

We typically respond to inquiries within 3 business days.

Thank you for using Pomelli. We're committed to helping you create exceptional marketing content for your brand.