Terms and Conditions for PoeticÁI

TERMS AND CONDITIONS OF USE

Welcome to PoeticÁI! These terms and conditions (the “Terms”) govern your access to and use of the PoeticÁI app (the “App”), which is owned and operated by Itch Studio Ltd. (“Itch Studio”, “we”, “us”, or “our”). By accessing or using the App, you agree to be bound by these Terms. If you do not agree to these Terms, you may not use the App.

  1. Purpose of the App
    The purpose of the App is for entertainment and limited educational purposes only, specifically for the creation of unique poems and associated images using artificial intelligence.
  1. Limitations on Use
    The App is intended for users who are 13 years of age or older. You may only use the App for entertainment and limited educational purposes, and you may not use the App for any illegal or unauthorized purpose.
  1. Intellectual Property
    The App and its content, including the software, design, text, graphics, images, and other materials contained therein, are owned by Itch Studio Ltd. and are protected by copyright, trademark, and other intellectual property laws. You may not reproduce, modify, distribute, or otherwise use the App or its content without our prior written consent.
  1. Generated Content
    The poems and associated images generated by the App are owned by the user who generated them. However, by generating and storing content on the App, you grant Itch Studio Ltd. a non-exclusive, worldwide, royalty-free license to use, copy, modify, display, and distribute the content for the purpose of improving the App, showcasing examples of generated content, and promoting the App. Itch Studio Ltd. will not claim ownership of any generated content.
  2. In-App Purchases
    PoeticÁI offers in-app purchases in the form of PoemCredits, which allow you to remove advertising banners and generate additional AI-generated image-based poems within the app. By making a purchase in PoeticÁI, you agree to these terms and conditions.
  • PoemCredits are sold in packs of 6, 18, 40, or 100. PoeticÁI reserves the right to change the price of PoemCredits at any time, without prior notice.
  • Purchases of PoemCredits are processed using Apple’s In-App Purchase API.
  • PoemCredits are non-refundable, except in cases where there is a technical issue that prevents you from using them within the app.
  • PoeticÁI reserves the right to modify or discontinue the availability of PoemCredits at any time, without prior notice.
  • PoeticÁI is not responsible for any unauthorized purchases made through your Apple ID or for any charges incurred as a result of unauthorized use of your Apple ID.
  • PoeticÁI may offer promotions or discounts on PoemCredits from time to time, which may be subject to additional terms and conditions.
  • By purchasing PoemCredits, you agree to comply with all applicable laws and regulations, including those related to data protection and privacy.
  • Any personal information collected in connection with in-app purchases will be handled in accordance with our Privacy Policy.
  1. Disclaimers and Limitations of Liability
    THE APP AND ITS CONTENT ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY FOR INFORMATION, SERVICES, UNINTERRUPTED ACCESS, OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THE APP, INCLUDING WITHOUT LIMITATION THE SOFTWARE LICENSED TO YOU AND THE RESULTS OBTAINED THROUGH THE APP. SPECIFICALLY, WE DISCLAIM ANY AND ALL WARRANTIES, INCLUDING WITHOUT LIMITATION: 1) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION, PRODUCTS OR SERVICES, AND 2) ANY WARRANTIES OF TITLE, WARRANTY OF NON-INFRINGEMENT, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.

IN NO EVENT WILL ITCH STUDIO LTD. BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOSSES OR EXPENSES ARISING IN CONNECTION WITH THE APP OR ITS USE, OR ANY INABILITY TO USE THE APP, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE OR UNDER ANY OTHER CAUSE OF ACTION. THESE LIMITATIONS APPLY EVEN IF ITCH STUDIO LTD. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

  1. User Responsibilities
    You are responsible for your use of the App and for any content you generate using the App. You agree to comply with all applicable laws and regulations, and you agree not to violate any third-party rights or use the App for any illegal or unauthorized purpose.
  1. Reporting Infringing Content
    Itch Studio Ltd. respects the intellectual property rights of others and will take appropriate action to remove infringing content from the App. If you believe that any content on the App infringes on your intellectual property rights, please contact us immediately at info@itch.studio with a notice of infringement. We will promptly investigate all reports of infringement and take appropriate action to remove any infringing content from the App. To report infringing content, please include the following information in your notice of infringement:
  • Identification of the infringing content, including its location on the App; 
  • Your contact information, including your name, email address, and phone number;
  • A statement that you have a good faith belief that the use of the content is not authorized by the owner of the intellectual property rights, its agent, or the law;
  • A statement that the information in your notice is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of the intellectual property rights; and
  • Your electronic or physical signature.


We will investigate all reports of infringement and take appropriate action to remove infringing content from the App if necessary. We may also terminate the account of any user who repeatedly posts infringing content. If we determine that content on the App infringes on intellectual property rights, we will notify the user who posted the content and give them an opportunity to respond. If the user does not respond within a reasonable amount of time or does not provide evidence that they have the right to use the content, we will remove the content from the App. Users who repeatedly post infringing content may have their access to the App revoked. We reserve the right to terminate the account of any user who violates our policies regarding intellectual property rights.

  1. Dispute Resolution
    Any disputes related to the App or these Terms will be resolved through arbitration in accordance with the laws of the jurisdiction where the App is developed.
  1. Consumer Rights
    If you are a consumer, you have certain statutory rights regarding the purchase of goods and services. These Terms and Conditions do not affect your statutory rights. For more information about your statutory rights, contact your local Citizens’ Advice Bureau or Trading Standards office.
  2. Data Protection
    Itch Studio Ltd. is committed to protecting your privacy and personal data. Our use of your personal data is governed by our Privacy Policy, which is incorporated into these Terms and Conditions by reference. By using the App, you consent to our use of your personal data in accordance with our Privacy Policy.
  3. Governing Law and Jurisdiction
    These Terms and Conditions and any dispute or claim arising out of or in connection with them (including non-contractual disputes or claims) are governed by and construed in accordance with the laws of England and Wales. The courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these Terms and Conditions.
  4. Liability
    Nothing in these Terms and Conditions shall exclude or limit liability for death or personal injury caused by negligence, or for fraud or fraudulent misrepresentation. Subject to the foregoing, Itch Studio Ltd. shall not be liable to you for any indirect, consequential or special loss or damage, or for any loss of profits, revenue, data, goodwill, or anticipated savings arising out of or in connection with these Terms and Conditions or the use of the App.
  5. Termination
    We reserve the right to terminate your use of the App at any time and for any reason. If we terminate your use of the App, we will notify you and explain the reasons for the termination.
  6. Changes to Terms and Conditions
  7. We may make changes to these Terms and Conditions from time to time. If we do so, we will notify you by email or through the App. Your continued use of the App after the changes come into effect will constitute your acceptance of the revised Terms and Conditions.
  8. Severability
  9. If any part of these Terms and Conditions is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

By using the App, you agree to be bound by these Terms. If you do not agree to these Terms, you may not use the App. We may update these Terms from time to time, and your continued use of the App constitutes your acceptance of any updated Terms.

Contact Us
If you have any questions or concerns about these Terms or the App, please contact us at poeticai@poeticai.info.

Itch Studio Ltd. is a company registered in England and Wales with company number 14729010. Our registered office is at 128, City Road, London, EC1V 2NX, United Kingdom.

poeticaiTerms and Conditions for PoeticÁI