The agreement

Terms & Conditions

The plain-spoken terms for using Poetic. By using the app, you agree to them.

❦

Last updated: September 4, 2026

Agreement to our legal terms

We are Poetic Studios LLC (“Company,” “we,” “us,” “our”), a company registered in Maryland, United States.

We operate the website bepoetic.app (the “Site”), the mobile application Poetic (the “App”), as well as any other related products and services that refer or link to these legal terms (the “Legal Terms”) (collectively, the “Services”).

Poetic is a mobile application that surfaces public-domain literature, poetry and philosophy through home and lock screen widgets, an in-app reading feed, a library of complete works, and optional notifications. It includes a private journal for a reader’s own writing. Poetic Premium is an optional subscription that unlocks additional content and features.

You can contact us by email at [email protected].

These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”), and Poetic Studios LLC, concerning your access to and use of the Services. You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Legal Terms, and by our Privacy Policy, which is incorporated into these Legal Terms by reference. If you do not agree with all of these Legal Terms, then you are expressly prohibited from using the Services and you must discontinue use immediately.

Supplemental terms and conditions or documents that may be posted on the Services from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Legal Terms from time to time. We will alert you about any changes by updating the “Last updated” date of these Legal Terms, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Legal Terms to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Legal Terms by your continued use of the Services after the date such revised Legal Terms are posted.

The Services are intended for users who are at least 13 years of age. All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the Services. If you are a minor, you must have your parent or guardian read and agree to these Legal Terms prior to you using the Services.

We recommend that you print a copy of these Legal Terms for your records.

1. Our services

The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

The Services are not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use the Services. You may not use the Services in a way that would violate the Gramm-Leach-Bliley Act (GLBA).

2. Intellectual property rights

Our intellectual property

The literary texts Poetic surfaces are in the public domain, as described in Our content below. The Poetic name and logo, the App and website design, the software, the curation and organisation of the collection, the artwork, themes, and sounds, and the editorial presentation are owned by or licensed toPoetic Studios LLC and are protected by copyright and trademark laws (and various other intellectual property rights and unfair competition laws) and treaties in the United States and around the world. We refer to these collectively as the “Content” and the “Marks.”

The Content and Marks are provided in or through the Services “AS IS” for your personal, non-commercial use only. These Legal Terms do not grant you any right to them beyond using the App as intended.

Your use of our Services

Subject to your compliance with these Legal Terms, including the Prohibited activities section below, we grant you a personal, non-exclusive, non-transferable, revocable license to access the Services and to download or print a copy of any portion of the Content to which you have properly gained access, solely for your personal, non-commercial enjoyment.

Except as set out in this section or elsewhere in our Legal Terms, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

If you wish to make any use of the Services, Content, or Marks other than as set out in this section or elsewhere in our Legal Terms, please address your request to [email protected]. If we ever grant you permission to post, reproduce, or publicly display any part of our Services or Content, you must identify us as the owners or licensors of the Services, Content, or Marks and ensure that any copyright or proprietary notice appears or is visible on posting, reproducing, or displaying our Content.

We reserve all rights not expressly granted to you in and to the Services, Content, and Marks. Any breach of these intellectual property rights will constitute a material breach of our Legal Terms and your right to use our Services will terminate immediately.

Note that public-domain texts are free for anyone to use. The works Poetic surfaces are handled as described under Our content below. This section concerns the Poetic App, its curation, editing, design, and software.

3. Our content: public-domain works, imagery, and sound

The writing Poetic surfaces is drawn from the public domain. To the best of our knowledge and diligence, each work is in the public domain in the United States, and, where Poetic is offered outside the United States, we take good-faith care to respect the copyright law of each country in which it is made available. Public-domain status is assessed under the law of each country where Poetic is available, and those laws differ: the United States keys largely to a work’s date of publication, while many other countries measure protection by the term of the author’s life plus a fixed number of years. As a result, a work’s status can vary from one country to another. Authorship, titles, and attributions are provided for educational and cultural context.

How we respect copyright across countries.We research the copyright and public-domain status of the works we include, and we take good-faith measures to respect it in each country where Poetic is offered. Those measures include, for example, limiting the availability of certain works in a particular country where, under that country’s law, a work would not yet have entered the public domain. These measures reflect our good-faith effort to respect the copyright law of each country where Poetic is offered; they are not a guarantee, and the removal process below is always available.

Nothing in Poetic is intended to infringe anyone’s rights. Including a work is not an admission that it is protected by copyright in any country, and nothing in these terms waivesany right or defence available to us, including a work’s public-domain status and any applicable fair-use, de minimis, quotation, fair-dealing, or similar exception under the law of any jurisdiction. We reserve all such rights and defences under applicable law.

We take this seriously and curate carefully. If you are a rights-holder, or anyone who in good faith believes that a particular work included in Poetic is not in fact in the public domain in a country where Poetic is offered, is misattributed, or is otherwise included in error, we ask that you contact us first, by email, to request its removal before taking any other action. Write to [email protected] with enough detail to identify the material and, if you are a rights-holder, the basis for your claim, and we will review your request promptly and, where appropriate, remove the material. We respond to good-faith copyright concerns, including notices under the U.S. Digital Millennium Copyright Act (DMCA) where it applies. Our aim is always to resolve such matters quickly and in good faith.

We research copyright and public-domain status carefully, but no one is infallible. To the fullest extent permitted by law, Poetic Studios LLC is not liable for including a work that we believed in good faith to be in the public domain, even if it later turns out to be protected by copyright in some place, to be misattributed, or to be included in error. If that ever happens, the simplest path is the removal process above: email us, and we will review it promptly and, where appropriate, take the material down. By using Poetic, you agree to resolve any such concern this way rather than holding us liable for the content of the works Poetic surfaces.

(Because these laws differ, a work in the public domain in one country may not be in another. Where that happens, the removal process above applies, and we will revisit these terms as needed to reflect the copyright laws of the places where Poetic is offered.)

Imagery and sound

Every photograph, theme, and sound in Poetic is used under a licence that permits commercial use. They are obtained from established stock libraries whose licences grant broad, royalty-free commercial rights and do not require attribution. We select each one in good faith on that basis, and we process and present them as part of Poetic’s own design.

Those licences are ours, and they are not passed on to you. Nothing in these Legal Terms gives you any right to extract, copy, save, redistribute, or reuse any photograph, theme, or sound from Poetic, whether on its own or as part of anything else. They are provided solely as part of the App, for your personal enjoyment of it, and the restrictions in Intellectual property rights and Prohibited activities apply to them in full.

If you believe any image or sound in Poetic is included in error, is misattributed, or infringes a right of yours, the same process above applies: write to us with enough detail to identify the material, and we will review it promptly and, where appropriate, remove it. To the fullest extent permitted by law, we are not liable for including material we believed in good faith we were licensed to use.

4. User representations

By using the Services, you represent and warrant that: (1) you have the legal capacity and you agree to comply with these Legal Terms; (2) you are not under the age of 13; (3) you are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the Services; (4) you will not access the Services through automated or non-human means, whether through a bot, script or otherwise; (5) you will not use the Services for any illegal or unauthorized purpose; and (6) your use of the Services will not violate any applicable law or regulation.

If you use Poetic on behalf of an organisation, you represent that you are authorised to accept these Legal Terms for it.

5. Purchases and payment

Poetic is free to use. Certain features are available through Poetic Premium, an optional subscription purchased through the Apple App Store.

All payments are processed by Apple. Payment is charged to your Apple ID account at confirmation of purchase. Poetic Studios LLC never receives, sees, or stores card numbers, billing addresses, or any payment credentials. Apple accepts whatever payment method is on your Apple ID and displays the price in your local currency at the point of purchase. We set prices in US dollars; Apple converts them for each storefront.

Prices, trial lengths, and premium features may change. Where required, we will give notice of changes, and price changes will not apply to a billing period already paid for. We reserve the right to correct any errors or mistakes in pricing.

6. Subscriptions

Billing and renewal

Your subscription will continue and automatically renew unless canceled. The subscription renews for the same period and price unless you cancel at least 24 hours before the end of the current period, and your Apple ID account is charged for renewal within 24 hours prior to the end of the period. The length of your billing cycle depends on the plan you chose when you subscribed.

Free trial

Where a free trial is offered, its length is shown at the point of purchase. If you do not cancel before the trial ends, it converts automatically into a paid subscription and Apple charges your Apple ID for the plan you chose. Any unused portion of a free trial is forfeited when you purchase a subscription, where applicable.

Cancellation

Subscriptions are sold and managed by Apple through the App Store. You can cancel at any time, in either of two ways. Inside the App, open Settings and tap Manage Subscription, which opens Apple’s subscription controls directly. Or open the Settings app on your device, tap your name, tap Subscriptions, select Poetic, and choose Cancel Subscription. Cancellation takes effect at the end of the current billing period and you keep access until then. To avoid being charged for the next period, cancel at least 24 hours before it begins. Deleting the App does not cancel a subscription, and Poetic Studios LLC cannot cancel a subscription on your behalf, because Apple manages all billing.

7. Refunds policy

Because Apple handles all payments, refunds are managed by Apple rather than by us, and are subject to Apple’s policies. If you would like a refund, you can request one directly from Apple at reportaproblem.apple.com, or from your Apple ID purchase history. The refund request flow is also available inside the App under Settings, via Manage Subscription. We are always glad to help point you in the right direction, though we are not able to issue App Store refunds ourselves.

8. Mobile application license

Use license

If you access the Services via the App, then we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the App on wireless electronic devices owned or controlled by you, and to access and use the App on such devices strictly in accordance with the terms and conditions of this mobile application license contained in these Legal Terms. You shall not: (1) except as permitted by applicable law, decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the App; (2) make any modification, adaptation, improvement, enhancement, translation, or derivative work from the App; (3) violate any applicable laws, rules, or regulations in connection with your access or use of the App; (4) remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the App; (5) use the App for any revenue-generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended; (6) make the App available over a network or other environment permitting access or use by multiple devices or users at the same time; (7) use the App for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the App; (8) use the App to send automated queries to any website or to send any unsolicited commercial email; or (9) use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the App.

9. The Apple App Store

You obtain Poetic through the Apple App Store, and you acknowledge that:

These Legal Terms are between you and Poetic Studios LLC only, and not with Apple Inc. (“Apple”). Apple is not responsible for Poetic or its content.
Your licence to use Poetic is a limited, non-transferable licence to use it on any Apple-branded device you own or control, as permitted by the Usage Rules in the App Store Terms of Service, except that Poetic may also be accessed by other accounts through Family Sharing or volume purchasing where that is enabled.
Apple has no obligation to provide any maintenance or support for Poetic. Any help you need comes from us, not Apple, and you can reach us any time at [email protected].
To the maximum extent permitted by law, Apple has no warranty obligation with respect to Poetic. If the App fails to conform to any applicable warranty, you may notify Apple, and Apple may refund the purchase price, if any; beyond that, Apple has no other warranty obligation whatsoever.
Apple is not responsible for addressing any claims by you or a third party relating to Poetic or your use of it, including product-liability claims, any claim that Poetic fails to conform to a legal or regulatory requirement, claims under consumer-protection or similar laws, and intellectual-property claims. Such claims are governed solely by these Legal Terms and applicable law.
If a third party claims that Poetic or your use of it infringes their intellectual property, Poetic Studios LLC, and not Apple, is solely responsible for the investigation, defence, settlement, and discharge of that claim to the extent required by these Legal Terms.
You confirm that you are not located in, or a national of, any country subject to U.S. Government sanctions, and that you are not on any U.S. Government list of restricted or prohibited parties. (This is a standard requirement of U.S. export law.)
You agree to comply with any applicable third-party terms of agreement when using Poetic (for example, your wireless carrier’s data-plan terms).
Apple and its subsidiaries are third-party beneficiaries of these Legal Terms, and upon your acceptance Apple has the right to enforce these Legal Terms against you.

Your use of the App is also governed by the App Store’s Licensed Application End User License Agreement (the standard Apple EULA).

10. Prohibited activities

You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

As a user of the Services, you agree not to:

Copy, resell, redistribute, or commercially exploit the Poetic App, its design, or its curated collection as a whole.
Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
Use automated means to collect, copy, or download the App’s content in bulk.
Circumvent, disable, or interfere with the App’s access controls, including the limits that apply to the free tier or to a subscription.
Misuse the notification or sync services, including by creating registrations by automated means.
Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Services.
Copy or adapt the Services’ software or code.
Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any Content.
Delete the copyright or other proprietary rights notice from any Content.
Trick, defraud, or mislead us and other users.
Make improper use of our support services or submit false reports of abuse or misconduct.
Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Services to you.
Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services.
Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material that interferes with any party’s use of the Services or that modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services.
Engage in any automated use of the system, such as using any data mining, robots, or similar data gathering and extraction tools, except as may be the result of standard search engine or Internet browser usage.
Engage in unauthorized framing of or linking to the Services.
Use the Services as part of any effort to compete with us or otherwise use the Services and/or the Content for any revenue-generating endeavor or commercial enterprise.
Use the Services in a manner inconsistent with any applicable laws or regulations, or to break the law or infringe the rights of others.

11. Your own writing

Poetic may let you write, annotate, or save your own words, and to add your own photographs to what you write. Anything you create remains yours. We do not claim ownership of it, and we assert no licence over it.

It is stored on your device and in your own private iCloud (see our Privacy Policy), which we have no access to. Because of that, we cannot see, moderate, recover, or remove it. Nothing you write in Poetic is published, shared with other users, or visible to us.

You are responsible for what you add, including having the right to use any photograph you attach, and for keeping your own copies where it matters to you.

12. Submissions and feedback

Poetic may invite you to send us suggestions, feedback, or works you would like us to consider adding, such as a quote or passage that moved you (“Submissions”). You never have to send us anything. If you do, you agree that your Submission is non-confidential, and you grant Poetic Studios LLC a perpetual, irrevocable, worldwide, royalty-free, fully paid, transferable, and sub-licensable right and licence to use, reproduce, modify, adapt, publish, and incorporate the Submission into Poetic and our other products and materials, with no obligation to compensate or credit you. You represent that you own or otherwise have the right to send each Submission, that it does not infringe or violate the rights of any third party, and that, for any literary work, it is to your knowledge in the public domain in the United States. We are under no obligation to use, keep confidential, or return any Submission.

You are solely responsible for your Submissions and you agree to reimburse us for any losses we may suffer because of your breach of this section, of any third party’s intellectual property rights, or of applicable law.

13. Third-party websites

The Services may contain links to other websites (“Third-Party Websites”), for example to Apple, to a payment or subscription page, or to a regulator. We do not control those websites, and we are not responsible for their content, accuracy, opinions, reliability, privacy practices, or other policies. Including a link does not imply approval or endorsement.

If you decide to leave the Services and visit a Third-Party Website, you do so at your own risk, and you should be aware these Legal Terms no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Services. Any purchases you make through a Third-Party Website are exclusively between you and that third party, and we take no responsibility in relation to them.

Everything shown inside Poetic itself, including the literary works, photographs, and sounds, is chosen by us and is covered by Our content and Intellectual property rights above, not by this section.

14. Services management

We reserve the right, but not the obligation, to: (1) monitor the Services for violations of these Legal Terms; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Legal Terms, including without limitation, reporting such user to law enforcement authorities; and (3) otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.

15. Privacy policy

We care about data privacy and security. Please review our Privacy Policy. By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Legal Terms. Please be advised the Services are hosted in the United States. If you access the Services from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Services, you are transferring your data to the United States, and you expressly consent to have your data transferred to and processed in the United States. Further, we do not knowingly accept, request, or solicit information from children or knowingly market to children. Therefore, in accordance with the U.S. Children’s Online Privacy Protection Act, if we receive actual knowledge that anyone under the age of 13 has provided personal information to us without the requisite and verifiable parental consent, we will delete that information from the Services as quickly as is reasonably practical.

16. Term and termination

These Legal Terms shall remain in full force and effect while you use the Services. Without limiting any other provision of these Legal Terms, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the Services to any person for any reason, including for breach of any representation, warranty, or covenant contained in these Legal Terms or of any applicable law or regulation. You may stop using Poetic at any time by deleting it.

Provisions that by their nature should survive, including those on public-domain works, submissions, disclaimers, limitation of liability, indemnity, how disputes are handled, governing law, and these general provisions, survive any termination.

17. Modifications and interruptions

We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Services. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.

We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Services. Nothing in these Legal Terms will be construed to obligate us to maintain and support the Services or to supply any corrections, updates, or releases in connection therewith.

18. A note on the writing

The words in Poetic are works of literature, gathered to move and comfort you. As meaningful as they are, they are not advice, whether medical, psychological, legal, financial, or professional, and they are not a substitute for the help of a qualified person. Please enjoy them as literature, and treat any decision you make as your own.

19. Governing law

These Legal Terms and your use of the Services are governed by and construed in accordance with the laws of the State of Maryland applicable to agreements made and to be entirely performed within the State of Maryland, without regard to its conflict of law principles. None of this takes away any consumer rights you may have that cannot be waived under the law where you live.

20. Dispute resolution

Informal negotiations

We would love the chance to help before anything else. If something ever does not feel right, please reach out and email us first at [email protected]. To expedite resolution and control the cost of any dispute, controversy, or claim related to these Legal Terms (each a “Dispute” and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party. Almost anything can be settled gently this way, one person to another, in good faith.

Binding arbitration

If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. You understand that without this provision, you would have the right to sue in court and have a jury trial. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the American Arbitration Association website. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. If such costs are determined by the arbitrator to be excessive, we will pay all arbitration fees and expenses. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, and must follow applicable law.

Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in Montgomery County, Maryland. If you would prefer, you may instead arbitrate in the U.S. county where you live, or by phone or video. Either of us may also choose small-claims court instead for an individual claim, in the claimant’s own local jurisdiction.

If for any reason a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in Montgomery County, Maryland, and the Parties consent to the jurisdiction of those courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Legal Terms.

In no event shall any Dispute brought by either Party related in any way to the Services be commenced more than one (1) year after the cause of action arose.

Restrictions

The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. If the agreement to bring claims only individually cannot be enforced, then this arbitration arrangement will not apply either.

Exceptions to informal negotiations and arbitration

The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable, and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above.

If you would rather not agree to arbitration at all, that is completely fine: simply email us within thirty days of first accepting these Legal Terms at [email protected], and the courts described under Governing law will apply to you instead.

21. Corrections

There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.

22. Disclaimer

We want Poetic to feel effortless, and we work hard at that, though we cannot promise perfection. The Services are provided on an as-is and as-available basis, and you agree that your use of the Services will be at your sole risk. To the fullest extent permitted by law, we disclaim all warranties, express or implied, in connection with the Services and your use thereof, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warranties or representations about the accuracy or completeness of the Services’ content or the content of any websites linked to the Services, and we will assume no liability or responsibility for any (1) errors, mistakes, or inaccuracies of content and materials, including any attribution or public-domain determination, which is exactly why we welcome the good-faith removal process described in Our content above; (2) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Services; (3) any unauthorized access to or use of our servers and any information stored therein; (4) any interruption or cessation of transmission to or from the Services; (5) any bugs, viruses, Trojan horses, or the like which may be transmitted to or through the Services by any third party; and/or (6) any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content made available via the Services.

23. Limitations of liability

We pour real care into Poetic, and we also have to be realistic. To the fullest extent permitted by law, in no event will we or our owners, members, employees, contributors, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or for any harm, decision, or action taken in reliance on any writing, quote, attribution, theme, or other content in Poetic, arising from your use of the Services, even if we have been advised of the possibility of such damages.

Notwithstanding anything to the contrary contained herein, where some liability cannot be excluded, our total responsibility to you for everything combined is limited to the greater of what you paid us, if any, in the twelve months before the claim, or one hundred U.S. dollars ($100.00 USD).

Nothing in these Legal Terms limits or excludes our liability for fraud, gross negligence, willful misconduct, or death or personal injury caused by our negligence, or for anything else that cannot be limited or excluded under applicable law. Certain US state laws and international laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers or limitations may not apply to you, and you may have additional rights.

24. Indemnification

This one is simple: if someone brings a claim against us because of how you used Poetic, or because you broke these Legal Terms or the law, you agree to cover it. More formally, you agree to defend, indemnify, and hold us harmless, including our owners, members, employees, and contributors, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your use of the Services; (2) breach of these Legal Terms; (3) any breach of your representations and warranties set forth in these Legal Terms; or (4) your violation of the rights of a third party, including but not limited to intellectual property rights. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

25. User data

We maintain certain data that your device transmits to the Services for the purpose of delivering notifications and managing the performance of the Services, as described in our Privacy Policy. You are solely responsible for your own writing and for keeping your own copies of it, as described in Your own writing above. You agree that we shall have no liability to you for any loss or corruption of any such data, and you waive any right of action against us arising from any such loss or corruption.

26. Electronic communications, transactions, and signatures

Visiting the Services and sending us emails constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Services, satisfy any legal requirement that such communication be in writing. You hereby agree to the use of electronic signatures, contracts, orders, and other records, and to electronic delivery of notices, policies, and records of transactions initiated or completed by us or via the Services. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

27. California users and residents

If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.

28. Miscellaneous

Entire agreement. These Legal Terms, together with our Privacy Policy and the standard Apple EULA, constitute the entire agreement and understanding between you and Poetic Studios LLC regarding Poetic, and replace any prior agreement on that subject.
No waiver. Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision.
Severability. If any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision or part is deemed severable and does not affect the validity and enforceability of any remaining provisions.
Assignment. You may not assign these Legal Terms without our consent. We may assign any or all of our rights and obligations to others at any time, including in connection with a merger, acquisition, financing, or sale of assets.
No agency. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Legal Terms or use of the Services.
Notices. We may give you notice through the App or on this website, and such notice is effective when sent or posted. You give us notice by emailing [email protected].
Events beyond our control. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control, including outages, network or device failures, or the acts of third parties such as Apple or our service providers.
Construction. You agree that these Legal Terms will not be construed against us by virtue of having drafted them. You waive any defenses you may have based on the electronic form of these Legal Terms and the lack of signing by the parties hereto to execute these Legal Terms.

29. Changes to these terms

We may update these Legal Terms from time to time. When we do, we will revise the “last updated” date above. Continued use of Poetic after changes take effect means you accept the revised Legal Terms.

30. Contact us

In order to resolve a complaint regarding the Services, to request the removal of a work, or to receive further information regarding use of the Services, please contact us at [email protected]. We read every message and respond in good faith.