PomsCloud Ltd Terms of Use
The website is operated by MediaSales Ltd. The company’s registered address is
Budapest, Lion Office Building, Angyalföldi út 5/B, 1134 Hungary. VAT number:
13912963241 (hereinafter referred to as the “Company”).
The website’s technical service provider is POMS Cloud Ltd. The company’s registered
address is 25 Hastings Green, Balbriggan, Co. Dublin, Ireland. VAT number: IE
3419808PH.
These Terms of Use (the “Terms”) govern the access, browsing, and use of the website
https://pomscloud.ie (the “Website” or “Webpage”) by its users (“User” or
“Users”), including any of its subdomains and/or subpages. In particular, these Terms
regulate the use of the services (“Service” or “Services”) provided through the Website,
which include the uploading of data and the downloading of system-generated
content for further use.
By accessing and using the Website, the User acknowledges that they have read,
understood, and unconditionally accept these Terms as legally binding. If the User
does not accept these Terms or has any objections to any part thereof, they must not
use the Website or its services.
The Company reserves the right to unilaterally modify these Terms at any time. The
date indicated at the end of this Terms of Use document reflects the most recent
version, which applies from the date of publication.
Certain services provided through the Website may be subject to specific terms and
conditions or additional guidelines, which the User must accept before using the
respective Service. These special terms shall apply in addition to these Terms of
Use, and in case of any conflict, the specific terms of the respective Service shall
prevail. Therefore, the User must read and accept such specific terms before using the
respective Service.
The Terms of Use are supplemented by the Privacy Policy, which governs the
collection and processing of personal data, as well as the Ethical Use Conduct
Code, which regulates the appropriate use of advertising materials. Users are required
to read and comply with these policies when using the Services.
- Offered Services
Through the Website, the Company provides Users with advertising content. This
content may include text, images, motion graphics, audio, video, HTML, and other
related documents or files.
To generate automatically created advertising content, the Company utilises data, text,
images, audio, and video elements provided by the User. By accepting the Terms of
Use, the User declares and warrants that they possess the necessary rights to use
and distribute the uploaded images and text, and that they lawfully own and utilise such
content.
If the User provides data, text, images, audio, or video elements via a URL, they
likewise guarantee that they hold the necessary rights to transmit and use the
content available at the linked website, and that they lawfully own and utilise such
materials.
The Services also include the use of the Company’s artificial intelligence (AI)
products. Any visual or textual content generated through these AI tools is subject to
these Terms, as well as the terms and conditions of external AI systems. By using
the Service, the User explicitly agrees to comply with these terms. - Permitted Use
The User is authorised to use the Website and Services in good faith and in full
compliance with these Terms, including the Ethical Use Conduct Code. Users
(regardless of whether they have purchased a Subscription or not) expressly agree that
any access to or download of content available on the Website or through the
Services must always result from the User’s genuine and legitimate interest. The
User acknowledges that, under these Terms, it is strictly prohibited to employ any
methods that artificially increase service usage.
This includes, but is not limited to:
● Browsing with VPN concealment,
● Unlimited content generation,
● Unrestricted downloads,
● Automated access or artificial clicks generated through bots, spiders, or
any other automated mechanisms.
The use of such methods is strictly prohibited across all platforms, including mobile
applications, software programs, or any unauthorised devices. Engaging in or
tolerating such conduct may result in the termination of the User’s account.
Furthermore, the User shall be liable for compensating the Company for any
damages or losses caused by their actions. In such cases, the User forfeits any right
to a refund for payments already made.
The User agrees not to use the Services negligently, fraudulently, or unlawfully.
Similarly, the User undertakes not to engage in any behaviour or activity that could
harm the reputation, interests, or rights of the Website or any third parties.
User Responsibilities and Restrictions
The User shall not disrupt the operation of the Website or the Services, and in
particular, shall not impersonate another user or person. The User agrees not to
engage in any activity that could damage, disable, overburden, impair, obstruct, or
otherwise interfere with the normal functioning of the Website or the Services, nor any
activity that could compromise their security.
The use of robots, spiders, or any other automated mechanisms, mobile
applications, software programs, or devices to access, copy, or control any part of
the Website or Services is strictly prohibited. Furthermore, the use of any method or
system not expressly authorised by the Company, or any approach that deviates
from the standard means of accessing the Website, conflicts with its intended use,
or infringes upon the Company’s interests, is also strictly forbidden. Similarly, it is
prohibited to acquire or attempt to acquire any content from the Website through
unauthorised means.
User Responsibility for Service Costs and Compatibility
The User is solely responsible for covering all costs associated with the use of the
Services. Before using the Services, the User must ensure that the available features
and functionalities meet their requirements. The User must also verify that their
technical and legal conditions comply with all necessary requirements and that
they possess all necessary equipment and software required to access and use the
Services.
Personal and Non-Transferable Rights
The rights granted to the User under these Terms are strictly personal and may not
be assigned or transferred to any third party without the Company’s prior written
consent. The term “third party” includes affiliated companies or entities belonging
to the same corporate group as the User.
Advertising on the Website
The Website may display advertisements related to the Company or its contracted
partners as part of the Services provided. By using the Website, the User
acknowledges and accepts the presence of such advertisements. - Registration
To access certain Services, the User must register and activate an account. As part
of this process, the User is required to provide a valid email address, which will be
used to receive notifications related to the Services.
For each login, the User must access their email service to retrieve the two-factor
authentication code sent by the system. By entering this authentication code, the User
will be able to access their account.
If the User is registering on behalf of a legal entity or business, they must provide
their full name, as well as company details, including the registered business
address and VAT number. The individual registering on behalf of a legal entity or
business declares that they possess the necessary authorisation to bind the entity
to contractual obligations, and the legal entity or business must comply with these
Terms.
The User agrees to provide all mandatory information required for registration and
acknowledges that such information must be accurate, complete, and up to date. The
User bears sole responsibility for ensuring that their information remains current. If
the User provides false, outdated, or incomplete information, the Company
reserves the right to suspend or delete the User’s account.
The User is responsible for safeguarding their account password and must keep it
confidential. The User must not share their account credentials with third parties
and must not permit other Users to access the Services through their account.
Likewise, the User must not use another User’s account to access the Services.
The User is solely responsible for any activity carried out through their account,
regardless of the device used. If the User suspects unauthorised access to their
account by another User, they must immediately notify the Company.
The Company reserves the right to suspend or delete the User’s account if it
determines that the User has violated these Terms. - Content
The Services generate advertising materials for the User based on the parameters
and data provided by the User. The content created for the User is automatically
generated, partially using Generative AI technology. The automated service is
specifically designed to avoid copying content created by other authors, including
images, text, animations, and audio.
If any part of the generated advertising content—such as text, images, animations, or
audio—resembles or is identical to content created by another entity (not the
Company), this is purely coincidental and unintentional.
If the User has any questions or concerns regarding the content or believes that it
violates any rights or does not comply with these Terms, they are requested to
immediately notify the Company.
Should the User find that the advertising content generated by the Service is
unsuitable or of unsatisfactory quality, they may contact the Company’s customer
support team via the designated customer service email or by using the contact
form available on the Website.
If the User believes that any content on the Website infringes copyright, they must
immediately contact the Company via email or through the contact form provided on
the Website’s Contact page.
4.1 User Content
To use the Service, the User must provide a valid Website URL in all cases. The User
declares and guarantees that they are authorised to provide the URL and, at the
time of submission, they are the owner, holder, or authorised user of the domain
associated with the URL, or they are acting on behalf of such an entity.
If the User mistakenly or inadvertently provides an incorrect URL, they must
disregard the generated content. The User is not permitted to download, save, use,
publish, or share the incorrect content in any format, whether digital or analogue.
For certain Services, the User may have the option to upload images or provide
additional data. The User declares and guarantees that they are authorised to
provide such data or upload the image. At the time of submission, the User confirms
that they are the rightful owner or authorised user of the data or image or that they
lawfully captured the image using their own camera.
To provide the Service, the Website collects and analyses the content available at the
provided URL. By submitting the URL, the User expressly consents to this process.
The Website does not use the collected content for any other purpose and stores it for
a limited period.
● If the generated advertising material is not downloaded by the User, the
storage period for the collected data is 90 days.
● If the generated advertising material is downloaded by the User, the storage
period for the collected data is 5 years, in compliance with EU consumer
protection regulations.
Liability for User Content
The Company makes reasonable efforts to verify the legality and quality of User
Content. However, the Company cannot monitor or review all content or data
submitted by Users.
As a result, the User acknowledges and accepts that the Company is not
responsible for:
● The authenticity of User Content,
● Any infringement of third-party rights,
● Any illegal or unauthorised content provided by the User.
The Company does not guarantee nor accept liability on behalf of the User for any
issues arising from User Content.
4.2. Proprietary Content of the Website
During the provision of the Services, the Website incorporates its own proprietary
content into the generated advertising materials. This content may include:
● Images, text, colours, shapes, design elements, visual layout concepts,
audio materials, and code sequences.
The use of the Website’s proprietary content is permitted only in accordance with
these Terms or under any applicable supplementary terms.
4.3. Partner Content
During the provision of the Services, the Website also utilises Partner Content, which is
supplied by contracted partners for the explicit purpose of assisting in the creation
of advertising materials. This Partner Content may include:
● Images, text, colours, shapes, design elements, visual layout concepts,
audio materials, code sequences, and visual templates.
Partner Content is made available on the Website under the conditions specified at
the time of use and may only be used in accordance with these Terms or any
applicable supplementary terms.
The Company makes reasonable efforts to verify the legality and quality of Partner
Content. However, the Company cannot monitor or control all content or data
provided by its partners.
As a result, the User acknowledges and accepts that the Company assumes no
responsibility for:
● The authenticity of Partner Content,
● Any infringement of third-party rights,
● Any illegality or unauthorised use of Partner Content.
The Company does not provide guarantees nor accept liability on behalf of its
partners for any issues related to Partner Content. - Use of AI-Generated Content
5.1 General Provisions Regarding AI-Generated Content
The Website provides Users with the ability to create graphics and other content
automatically using the artificial intelligence tools provided by the Company
(hereinafter referred to as “AI-Generated Content”).
The User bears full responsibility for both the uploaded text and data (“Input”) and
the materials generated based on this data (“Output”), including generated images,
text, audio files, music, presentations, or any other audio or visual content.
Before using or sharing the AI-generated content, the User must ensure that both the
Input and Output comply with the AI Usage Terms.
5.2 Prohibited Content
The User agrees not to upload or use AI-generated content for any of the following
purposes:
Breach of Confidentiality
The User explicitly warrants that the input data does not contain any:
● Personal data,
● Copyright-infringing information,
● Banking secrets,
● Insurance secrets,
● Trade secrets, or
● Any other classified or confidential information.
Violation of Intellectual Property and Personality Rights
● The User must not upload any text or image that infringes the copyright,
trademarks, personality rights, or any other legal rights of third parties.
● The User must not create or use any content that unlawfully misappropriates
the property of others.
Creation of Harmful, Misleading, or Violent Content
● The User is prohibited from generating images or text that are misleading,
false, deceptive, harmful, or violent towards any person or group.
● The User must not use AI-generated content to mislead others into believing
that it was created by a human.
Creation of Political and Manipulative Content
● The User is not allowed to generate political content, including materials
related to election campaigns or propaganda.
Generation of Nudity, Obscene, or Shocking Content
● The User must not generate any content containing explicit nudity, obscene
gestures, or profane and offensive topics.
Creation of Defamatory and Discriminatory Content
● The User is prohibited from generating content that defames, insults, or
discriminates against any individual or group based on Race, Gender,
Culture, Sexual orientation, Religion, Nationality, Region, or Any other
social or demographic characteristic.
Distribution of Personal Data
● The User must not generate or share any content containing personally
identifiable information, especially if such data could be used for exploitation,
abuse, or harm.
Exploitation of Vulnerable Groups
● The User must not generate content that manipulates or exploits individuals
or groups in a vulnerable position.
● The User must not create content that causes or has the potential to cause
physical or psychological harm.
Use of AI-Generated Content for Automated Decision-Making
● The User must not use AI-generated content for automated decision-making
processes that negatively impact an individual’s legal rights or legal status.
Medical Advice and Interpretation of Health-Related Results
● The User must not generate or distribute content providing medical advice,
diagnoses, or interpretations of health-related results.
Generation of Content Related to Law Enforcement and Judicial Proceedings
● The User is prohibited from generating or distributing information that could
interfere with law enforcement, immigration, or judicial proceedings.
● The User must not create content that predicts or implies that a person is
likely to commit fraud or engage in criminal activity.
5.2 AI-Generated Content
The Website may generate various types of AI-generated content for the purpose of
producing advertising materials. This may be done through its own AI models or via
external AI service providers.
The automated service is specifically designed to avoid copying content created
by other authors, including images, text, animations, and audio. If any element of
the generated advertising content, such as text, images, animations, or audio,
resembles or is identical to content created by another entity (not the Company),
this is purely coincidental and unintentional.
The User acknowledges and agrees that content generated by AI-based products is
created solely through artificial intelligence technology. The Company does not
participate in the selection, review, or approval of AI-generated content, nor does it
associate itself with the materials produced. Additionally, the Company does not
endorse, sponsor, or assume responsibility for any AI-generated content.
The Company does not guarantee that AI-generated content will be accurate,
authentic, complete, or reliable. Furthermore, the Company is not liable for any
consequences arising from the use of AI-generated content, nor for any errors,
omissions, or inaccuracies within such content.
It is the User’s sole responsibility to seek expert advice if necessary before using
AI-generated content and not to rely exclusively on information produced by AI.
5.3 Method of Use
The User is entitled to lawfully use AI-generated content, provided that they comply
with the terms and conditions applicable to AI products. The User assumes full
responsibility for the use of AI-generated content and acknowledges that its
application is carried out entirely at their own risk.
When using AI-generated content, the User is required to declare that the displayed
content includes AI-generated elements, if such a declaration is requested by the
publisher. Furthermore, the User must clearly indicate that the generated content
originates from the Website by appropriately labelling it as AI-generated on the
publisher’s designated platforms during publication.
The previously outlined usage rules for AI-generated content fully apply to its use.
5.4 Usage Restrictions and Permitted Use
The Company reserves the right to impose restrictions on the use of AI-generated
content. These restrictions may apply to Personal use, Commercial use, Editorial
use, or Other predefined usage scenarios.
5.5 Third-Party Services and Licensing Terms
The Company utilises the tools and solutions of third-party technology providers
to deliver AI-based products. The User must comply with the terms and licensing
agreements set by these third parties, which form an integral part of these AI
product terms and conditions.
5.6 Disclaimer of Liability for Erroneous Content
The User acknowledges and accepts that, in certain cases, AI products may produce
unexpected or undesired results, depending on the provided input. If such content is
generated, the User has the option to report it to the Company through the
designated communication channels.
If the User has any doubts about whether a particular output violates the AI product
terms, it is strongly recommended that they refrain from using it.
5.7 Data Storage and Development
When the User generates AI-produced content, they grant permission to the
Company to store both input and output data on its platforms for security
purposes.
Additionally, the Company is entitled to use this data to improve and develop its
products and services. - Liability
The User acknowledges and accepts that the Website and its Services are used
entirely at the User’s own risk and responsibility. Therefore, the Company shall
not be held liable for any misuse of the Website or Services that violates these Terms
or is otherwise improper or unintended.
The User shall be liable for any damages suffered by the Company resulting from
the User’s violation of these Terms while using the Website and Services. The
User agrees to indemnify and hold harmless the Company, its directors,
employees, agents, and representatives from any liabilities arising due to the
User’s breach of these Terms.
The Company does not guarantee the availability, continuity, reliability, quality,
completeness, or accuracy of the Website or the Services, nor does it guarantee that
they are fit for a specific purpose or activity.
Without limitation, the Company shall not be liable for any damages arising from:
● Freezing, viruses, technical failures, interference, outages, unavailability,
power failures, or malfunctions in telecommunications networks or the User’s
own equipment that are beyond the Company’s control.
● Errors resulting from third-party services, particularly slowness or
unavailability of the Website and Services due to issues with internet
connectivity or deficiencies in the power grid.
● Unavailability of the Website and Services due to maintenance or software
updates.
● Any other events beyond the direct control of the Company.
The Company assumes no liability for any damages suffered by the User as a
result of using the Website or Services.
The Company’s liability exclusions do not apply in the following cases:
● Damages resulting from the Company’s intentional misconduct or wilful
breach of duty.
● Situations where the User’s specific circumstances or applicable laws
stipulate that liability cannot be contractually limited.
Within premium-level services, Users may have the ability to insert links into
generated advertising materials. The inclusion of such links in the Services does not
constitute any affiliation, endorsement, or supervision by the Company regarding
the referenced website. Consequently, the Company assumes no responsibility for
the content of any linked websites.
The Company makes reasonable commercial efforts to ensure the accuracy of its
usage instructions. However, the Company does not guarantee or make any
representations regarding the reliability, accuracy, or effectiveness of any
references, methods, or descriptions provided. - Intellectual Property
The Website, Services, and Content, including their design and source code, as well
as all materials contained within them, are the property of the Company or are used
under a valid licence. This includes, but is not limited to, texts, images, animations,
databases, graphics, logos, trademarks, icons, buttons, photographs, videos,
sound recordings, and any other materials.
All Partner Content is protected by intellectual property rights and remains the
property of its respective owners.
If you believe that any content infringes the rights of a third party or does not comply
with these Terms, please notify the Company by sending an email to the designated
customer support email address or by using the contact form available on the
Website. - Licence Agreement for Downloadable Content
The Company grants the User authorisation to download and use content
generated on the Website. However, the Company and its licensors retain all rights
to the generated content that are not expressly granted to the User under this licence
agreement.
Subject to compliance with these Terms, the Company grants the
User the following rights:
● Downloading generated content.
● Using generated content.
● Modifying generated content on a device owned or managed by the User,
strictly for the purposes and uses permitted under these Terms.
The rights granted to the User under this licence are Non-transferable, Revocable,
Limited, and Non-exclusive.
8.1 Geographical Limitation
The rights granted under this licence apply worldwide. However, certain services or
generated content may be subject to specific conditions or restrictions, which the
User must accept before using the respective Service. In such cases, the
geographical restrictions specified for those services or content shall apply.
8.2 Temporal Limitation
The User is granted usage rights for a period of five (5) years from the date of
acquisition, based on the time zone of the location where the content was
downloaded. However, certain services or generated content may be subject to
specific conditions or restrictions, which the User must accept before using the
respective Service. In such cases, the time limitations specified for those services
or content shall apply.
8.3 Compensation for Licence Acquisition
The User acquires usage rights only for Generated content for which the applicable
licence fee has been duly paid, in accordance with the regulations and payment
terms specified on the Website.
8.4 Use of Generated Content
The User is granted full rights to use the generated content, either in its entirety or in
part. The User may use it without modification, in combination with other content,
or in a modified form.
However, the use of generated content is only permitted under the following
conditions:
● It may not be used for collective use.
● It is prohibited to use it in a manner that suggests that the Company or the
Website approves, supports, or is affiliated with its use.
● It may not be included in databases, archives, or other media for resale
purposes.
● It may not be sold, transferred, or relicensed. (Exception: the “Third-Party Use”
rule may apply.)
● It may not be displayed on printed or digital products intended for resale, such as
t-shirts, mugs, postcards, invitations, calendars, websites, applications, NFTs,
video games, advertisements, or animations, if the generated content is the
primary visual element.
● It may not be used for artificial intelligence or machine learning purposes, nor in
technologies designed for the identification of natural persons.
● It may not be used in any context that is offensive, defamatory, obscene, or
illegal, including political propaganda, pornographic content, escort services, or
any other sensitive subjects.
● It may not be used to defame or degrade any individual, race, gender, culture,
sexual orientation, religion, country, region, or group of people.
8.5 Liability and Legal Compliance
The User acknowledges and accepts that the use of any generated content is
entirely at their own risk. The User is responsible for ensuring that the applicable
laws and regulations in their jurisdiction do not prohibit the use of such content.
8.6 Use by Third Parties
If the User operates as an advertising agency, media agency, creative agency,
commercial agency, reseller, online marketplace, sales aggregator, or similar
entity, the Company permits the use of generated content by third parties under
specific conditions.
The use of generated content by third parties is only allowed if all of the following
conditions are met:
● The third party has explicitly commissioned the User to create a product or
service, where the generated content serves only as a minor element of the
final product or service.
● The authorisation is documented in writing and explicitly states that the third
party is not permitted to resell or sublicense the generated content.
● The selection of the generated content for the intended purpose is made by
the User and not by the third party.
If these conditions are fully met, the User is permitted to authorise the use of
generated content by third parties.
8.7 User Rights and Termination
The User does not acquire ownership rights over the generated content and is not
permitted to resell or lease it.
If the User violates these Terms, they immediately lose the right to use the
generated content and must destroy all copies in their possession.
8.8 Special Licences
The Company reserves the right to apply different licensing conditions to specific
content.
In such cases, the special licence takes precedence. However, all other obligations
outlined in these Terms remain in effect, unless they conflict with the conditions of
the special licence. - Purchase of Credits and Subscriptions
9.1 General Purchase Terms
The User may purchase credits on the Website either on a one-time basis or as a
recurring purchase. The purchased credits can be redeemed for generated
content.
By finalising a purchase or the start of a subscription period, the User automatically
agrees to these Terms.
The subscription terms complement the general terms of use of the Website,
which remain applicable to all subscribers, except where specific provisions apply to a
particular subscription, as outlined in a separate agreement with the Company.
If a separate agreement is entered into between the User and the Company, the
terms of that agreement shall prevail. In cases where the separate agreement
does not regulate certain aspects, the rules established in these Terms remain in
effect.
The User has the right to print or save these Terms and the relevant purchase
conditions via their browser before making a purchase.
The subscriptions available on the Website include:
● Details and terms of the subscription,
● The process of concluding the agreement,
● Pricing (in the appropriate currency and, where applicable, including VAT),
● Usage restrictions.
All subscriptions are personal and may not be transferred to third parties,
including legal entities belonging to the same corporate group.
9.1.1 Subscription Payment and Activation
The subscription fees must be paid using the payment methods provided on the
Website.
The Website employs secure payment systems and does not store, process, or
transmit any bank card information or data related to the cardholder, including but
not limited to the card number, cardholder’s name, expiration date, service code, or
authentication details.
The subscription only becomes active once the payment has been successfully
received and approved by the relevant financial service provider.
From this point onwards, the subscription remains valid for the duration selected at
the time of purchase.
Upon successful completion of the purchase, the User will receive an electronic
invoice.
9.1.2 One-Time Purchases and Usage Credits
The User may opt for a one-time credit purchase, where a fixed number of credits
is acquired through a single transaction.
Each one-time credit purchase must be executed individually and cannot be
combined with other transactions.
The purchased credits must be used within 365 days from the date of purchase.
The Company offers an option to extend the credit validity period by an additional
30 days.
If the User wishes to use expired credits, they must contact the Company for
assistance.
9.1.3 Automatic Renewal and Usage Credits
Unless stated otherwise, subscriptions are automatically renewed at the end of the
subscription period, using the same payment method the User provided during the
initial purchase.
If the User does not wish to renew their subscription, they must cancel it before its
expiration date to prevent automatic renewal.
The purchased credits must be used within 365 days from the date of purchase.
The Company provides an option to extend the validity period of the credits by an
additional 30 days.
If the User wishes to use expired credits, they must contact the Company for further
assistance.
9.1.4 Price Changes and Notifications
The Website reserves the right to modify subscription prices at any time.
However, such modifications will not affect existing subscriptions, and the User
will always be charged the price that was valid at the time of purchase.
If a subscription renewal involves a price change, the Website will notify the User
at least one month in advance via an email sent to the email address associated
with their account.
9.1.5 Subscriptions for Legal Entities
If the subscription is purchased on behalf of a company or any other legal entity,
the User declares and guarantees that they possess the necessary legal
authorisation to represent the respective organisation.
Additionally, the User agrees that during the subscription period, the Website is
entitled to display the company’s or organisation’s name, trademark, and logo in
marketing and promotional materials, client lists, financial reports, and market
research studies.
9.1.6 Right of Withdrawal and Consumer Protection Regulations
Since the subscription provides access to digital content, the right of withdrawal
does not apply. The User explicitly acknowledges and accepts this condition at
the time of purchase.
This does not affect applicable consumer protection regulations or any warranties
that the Website may provide for certain services.
If the Website specifies particular terms and conditions for a specific
subscription, those special conditions shall prevail in such cases.
9.2 Suspension, Modification, or Cancellation of Subscription
9.2.1 Suspension of Subscription
In certain cases, the User may be granted the option to temporarily suspend their
subscription for a specific period, provided that the subscription remains active.
Suspension can be requested at any time during the active subscription period, and
the User has the option to reactivate it. The User must request the suspension of
their subscription through the Website’s customer support.
If the subscription is suspended, the User will not be able to access or benefit
from the services and privileges included in the subscription for the duration of the
suspension. Upon reactivation, the User will regain full access to the services.
If the User reaches the maximum permitted suspension period, the subscription
will automatically be reactivated and will return to active status. The suspension
setting may impact the subscription’s validity period and renewal date, meaning
the subscription duration may be adjusted based on the start date of the
suspension period.
9.2.2 Modification of Subscription
The User may modify their subscription at any time through their user account. If
the User upgrades to a higher-tier subscription, the modification will take immediate
effect. In this case, the User must pay the full price of the new subscription, while
any unused credits from the previous subscription will automatically be
transferred to the new subscription.
If the User downgrades to a lower-tier subscription, the modification will not take
effect immediately. Instead, the current subscription remains active until the end
of the ongoing billing period, and the new lower-tier subscription will only take
effect after the current period expires.
9.2.3 Cancellation of Subscription and/or Contracted Seats
The User may cancel their subscription and/or any contracted seats at any time
through their user profile. The subscription and contracted seats remain active
until the end of the billing period, meaning that even after cancellation, the User
may continue to benefit from the subscription services until the billing period
expires.
At the end of the subscription period, the User’s access to subscription-related
services and benefits will be terminated. However, any unused credits may still be
used in the lower-tier user environment for up to 365 days from the date of
purchase.
9.3 Use of Credits
The User may purchase credit packages depending on the type of purchase
selected. The price of each credit package and the number of credits included are
always determined by the current prices and conditions displayed on the Website.
The Company reserves the right to modify credit prices at any time. If credit
prices change, Users who have opted for an automatically renewing subscription
will be notified at least 30 days in advance via the email address associated with
their account, before the new pricing takes effect.
The purchased credits must be used within 365 days from the date of purchase.
The Company offers an option to extend the validity period of credits for an
additional 30 days. If the User wishes to use expired credits, they must contact the
Company. Any unused credits will be deleted, and the User will not be entitled to a
refund or any further use of those credits.
If the User requests the deletion of their account, any unused credits will be
automatically deleted. In this case, the User is not entitled to a refund or any other
form of compensation. - Services Related to Registrations and Subscriptions
10.1 General Provisions
The services associated with various registrations and subscriptions can be
reviewed in detail by the User on the Website under the (/plans) menu section.
The User has the option to print or save these terms and the applicable purchase
conditions through their browser before completing a purchase.
10.2 Free Registration (Free Plan)
If the User completes the free registration, they will be entitled to the following
benefits:
● Access to the content generator available on the Website.
● Access to educational materials provided on the Website.
● A limited number of free credits granted by the Website for trial purposes.
● A limited number of content generation rights provided by the Website for
testing.
● The ability to use AI-powered products within the limits specified on the
Website.
● Basic customer support services for the User.
10.3 Top-up Purchase, Essential Subscription (Essential Plan)
If the User subscribes to the Essential Plan, they will be entitled to the following
benefits:
● Credit packages available for one-time purchases, which can be used for
content generation.
● Access to the content generator available on the Website.
● Access to the content organization interface provided on the Website.
● Access to educational materials available on the Website.
● The ability to download content generated using purchased credits from the
Website.
● A basic allowance of generation rights provided for using the Website’s
services.
● The ability to use AI-powered products within the limits specified on the
Website.
● Standard customer support services for the User.
10.4 Monthly Subscription – (Pro Plan)
If the User subscribes to the Monthly Subscription (Pro Plan), they will be entitled to
the following benefits:
● The ability to request content generation based on a custom-designed
template (limited to one template).
● Increased credit packages provided through monthly recurring purchases.
● Enhanced access to the content generator available on the Website.
● Enhanced access to the content organization interface provided on the
Website.
● Enhanced access to educational materials available on the Website.
● The ability to download content generated using purchased credits from the
Website.
● A standard allowance of generation rights for using the Website’s services.
● The ability to use AI-powered products within the limits specified on the
Website.
● Premium customer support services for the User.
10.5 Special Enterprise Account – (Enterprise Plan)
If the User requests a Special Enterprise Account, the provided services, their
scope, level, and compensation will be regulated by an individual service agreement.
Unless otherwise specified in the individual service agreement, the User will be entitled
to the following benefits:
● Agency-level account access to the Company’s Professional DCO (Dynamic
Creative Optimization) System.
● Access to up to 100 advertiser sub-accounts within the Company’s
Professional DCO System, designated for the User’s clients, resellers, or
brands.
● Unlimited credits for content generation.
● Unlimited access to the content generator available both on the Website and
within the Professional DCO platform.
● Unlimited access to the content organization interface on both the Website
and the Professional DCO platform.
● Unlimited access to the educational materials available on the Website.
● The ability to download content generated using credits from the Website.
● Unlimited downloads of generated content from the Company’s Professional
DCO platform.
● Automated publishing options for the User’s managed advertising accounts.
● Dynamic creative advertising production solutions tailored to the User’s
needs.
● Dedicated customer support services at an exclusive service level. - Modification and Closure of the Website
The Company reserves the right to modify the content of the Website or Services at
any time without prior notice and to change the terms of use at its discretion.
Additionally, the Company may:
● Restrict access to certain features,
● Discontinue some or all of the available services and functions,
● Deactivate or delete user accounts along with their associated data.
The Company shall not be held liable to the User for any such modifications or for the
closure of the Website.
However, if applicable laws and regulations require, the Company is obligated to
retain certain financial and transactional records for the legally prescribed period.
If the termination of services affects an already paid subscription period, the
Company shall refund the proportional amount corresponding to the unused portion of
the subscription. - General Provisions and Contact Information
The use of the Website and Services, as well as the interpretation and application of
these Terms, shall be governed by Hungarian law. Exceptions apply in cases where
applicable laws prescribe a specific jurisdiction.
In the event of any dispute arising from these Terms, the Pesti Központi Kerületi
Bíróság (Central District Court of Pest, Budapest) shall have exclusive
jurisdiction, and the parties expressly waive any other jurisdiction.
In accordance with Article 14 of Regulation (EU) No 524/2013, we inform Users that if
they qualify as an EU consumer, the European Commission provides an online
dispute resolution platform, available at the following link:
https://ec.europa.eu/consumers/odr/
If any provision of these Terms is found to be invalid or unenforceable, it shall be
deemed not included in the contract or replaced with a valid provision. Such
modifications shall not affect the validity or enforceability of the remaining provisions of
these Terms.
For any inquiries or complaints, the User may contact the Company at:
https://pomscloud.ie/#contact
Version: #V250208
Date: 08 February 2025
Annexes
● Privacy Policy
● Ethical Use Conduct Code
General Terms and Conditions for Feed Management Services
The terms of use for the Feed Management Service are regulated on the service
provider’s platform at the following link: (URL).
General Terms and Conditions for Online Editors
The terms of use for the Online Editors Service are regulated on the service
provider’s platform at the following link: (URL).
General Terms and Conditions for DCO Management Services
The terms of use for the DCO Management Service are regulated on the service
provider’s platform at the following link: (URL).
General Terms and Conditions for API Services
The terms of use for the API Service are regulated on the service provider’s
platform at the following link: (URL).