1. Acceptance of these Terms
These Terms of Use (“Terms”) are a legal agreement between you and Pomorix (“Pomorix”, “we”, “us”), an individual developer based in Ahmedabad, Gujarat, India, for your use of the Pomorix mobile application and related websites and services (together, the “App”). By downloading, installing or using the App you agree to these Terms and our Privacy Policy. If you do not agree, do not use the App.
These Terms are an electronic record under the Information Technology Act, 2000 and the rules made under it, and do not require a physical or digital signature.
2. Eligibility
You must be at least 18 years old, or be using the App with the consent and supervision of a parent or legal guardian who agrees to these Terms on your behalf. You must be legally capable of entering a binding contract under applicable law.
3. Licence to use the App
Subject to these Terms, we grant you a limited, personal, non-exclusive, non-transferable, revocable licence to install and use the App on your own Android devices for your personal, non-commercial purposes. The App is licensed, not sold. All rights not expressly granted are reserved.
4. Acceptable use
You agree not to:
- copy, modify, translate, reverse engineer, decompile or attempt to extract the source code of the App, except where the law expressly permits;
- sell, rent, sub-license, distribute or commercially exploit the App or its content;
- remove or alter any copyright, trademark or attribution notice;
- interfere with, overload or attempt to gain unauthorised access to the App, our service providers or any related systems;
- use the App in violation of any applicable law or the rights of any person; or
- use the App’s name, logo or branding in a way that suggests endorsement or confuses others without our written permission.
5. Your data and backups
Your sessions, goals, statistics and settings are stored locally on your device. You are solely responsible for backing up your data. Uninstalling the App, clearing its storage, resetting or losing your device, or an update or technical fault may permanently delete your data. We have no copy of it and cannot recover it.
The Backup & Restore feature lets you export your data to a location you choose. You are responsible for the security of backup files and for what you do with them.
6. Not medical or professional advice
Pomorix is a productivity and time-management tool. It provides no medical, psychological, health, educational or professional advice. Suggested work and break durations are general guidance only. Take breaks as you need them and consult a qualified professional for any health concern. Do not use the App in situations where distraction or reliance on a timer could cause harm, such as while driving or operating machinery.
7. Timers, notifications and device behaviour
Timers, alarms and reminders depend on your device, operating system, battery optimisation, permissions, Do Not Disturb settings, volume and network conditions. We do not guarantee that any notification, alarm or reminder will always be delivered on time or at all, and you should not rely on the App for time-critical, safety-critical or legally important events.
8. Updates and changes
We may release updates, add or remove features, or change, suspend or discontinue the App (or any part of it) at any time, with or without notice. Some updates may be required for continued use. We are not liable to you or any third party for any such change.
9. Intellectual property and third-party content
The App, including its design, code, text, graphics, logos and the Pomorix name, is owned by or licensed to us and protected by Indian and international intellectual-property laws. Third-party materials, such as background sounds, fonts and open-source libraries, remain the property of their respective owners and are used under their own licences and attribution requirements.
If you believe any content in the App infringes your rights, email pomorixapp@gmail.com with the details and we will review it promptly.
10. Feedback
If you send us ideas, suggestions or feedback, you grant us a free, perpetual, worldwide right to use them without obligation or compensation to you. Do not send us confidential or personal information in feedback.
11. Third-party services and links
The App relies on and may link to third-party services such as Google Play, Firebase and external websites. We do not control them and are not responsible for their content, availability, terms or privacy practices. Your use of them is at your own risk and subject to their terms.
12. Disclaimer of warranties
To the fullest extent permitted by law, the App is provided “as is” and “as available”, without warranties of any kind, whether express, implied or statutory, including warranties of merchantability, fitness for a particular purpose, accuracy, reliability, availability, non-infringement, or that the App will be uninterrupted, error-free, secure or free of harmful components. You use the App at your own risk.
13. Limitation of liability
To the fullest extent permitted by law, Pomorix and its developer, owner, contributors and affiliates shall not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for any loss of data, profits, revenue, goodwill, productivity, opportunity or business, arising out of or related to your use of, or inability to use, the App, even if advised of the possibility of such loss.
To the fullest extent permitted by law, our total aggregate liability for all claims relating to the App shall not exceed the amount you paid us for the App in the 12 months before the claim arose, or ₹1,000 (one thousand Indian rupees) if you paid nothing.
Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law, including liability for fraud or wilful misconduct, or any non-waivable rights you may have under Indian consumer-protection law.
14. Indemnity
You agree to indemnify and hold harmless Pomorix and its developer from any claims, losses, liabilities, damages and expenses (including reasonable legal fees) arising out of your breach of these Terms, your misuse of the App, or your violation of any law or third-party right.
15. Suspension and termination
You may stop using the App at any time by uninstalling it. We may suspend or terminate your access or licence at any time if you breach these Terms or if required by law. On termination your licence ends, and provisions that by their nature should survive (including sections 9, 12, 13, 14 and 17) will continue to apply.
16. Changes to these Terms
We may revise these Terms from time to time. The “Effective date” above shows the latest version. Continued use of the App after changes take effect means you accept the revised Terms. If you do not agree, stop using the App.
17. Governing law and exclusive jurisdiction
These Terms and any dispute arising out of or relating to them or the App are governed by the laws of India, without regard to conflict-of-law principles.
Before starting a formal proceeding, you agree to first contact us at pomorixapp@gmail.com and try in good faith to resolve the matter informally for at least 30 days.
Subject to that, the courts at Ahmedabad, Gujarat, India shall have exclusive jurisdiction over all disputes, claims or proceedings arising out of or in connection with these Terms or the App, and you irrevocably submit to that jurisdiction and waive any objection based on inconvenient forum.
18. General
- Entire agreement: these Terms and the Privacy Policy are the whole agreement between you and us about the App.
- Severability: if any provision is held unenforceable, the rest remains in effect and the provision is enforced to the maximum extent permitted.
- No waiver: failure to enforce a right is not a waiver of it.
- Assignment: you may not transfer your rights under these Terms; we may assign ours.
- Force majeure: we are not liable for failure or delay caused by events beyond our reasonable control.
- Language: the English version of these Terms prevails over any translation.
19. Grievance and contact
Complaints, questions or legal notices: pomorixapp@gmail.com, subject “Grievance” or “Legal Notice”, addressed to Pomorix, Ahmedabad, Gujarat, India. We aim to acknowledge complaints within 48 hours and resolve them within 30 days.
