Made on
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Our Service
| POSELY is a mobile application designed to help users enhance their photography by providing guidance on posing techniques. It offers over 150 carefully selected poses for various scenarios. The app utilizes the device's main or front camera to provide real-time adjustments, automatically adapting to the user's height and proportions based on their position in the frame. POSELY aims to help users discover new perspectives and build confidence in front of the camera.
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Who can use POSELY
| You must be at least 13 years old to use POSELY. You hereby represent and warrant to POSELY that you meet this requirement. If you are considered a minor under the laws of your jurisdiction, you may use the Service only with the consent and direct supervision of a parent or legal guardian. Your parent or guardian must read and agree to these Terms on your behalf.
POSELY reserves the right to suspend or terminate your access to the Service, with or without notice, if you breach these Terms.
IF YOU DO NOT AGREE WITH ANY PART OF THESE TERMS, OR IF YOU ARE NOT ELIGIBLE OR AUTHORIZED TO BE BOUND BY THESE TERMS, THEN DO NOT DOWNLOAD THE APP OR OTHERWISE ACCESS OR USE THE SERVICE.
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Privacy
| Our Privacy Policy describes how we collect, use, share, or otherwise process information about you and your use of the Service.
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Use of our Services
| Your License to Use POSELY
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service on your personal devices for non-commercial purposes.
To use our website or mobile app, you must have a compatible device. We may, from time to time, require you to upgrade your version of our mobile app. In all instances, we (or our third-party partners) keep all right, title, and interest in our website and mobile app (including all copies).
You agree, and represent and warrant, that your use of the Service, or any portion thereof, will be consistent with the foregoing license, covenants and restrictions and will neither infringe nor violate the rights of any other party or breach any contract or legal duty to any other parties. In addition, you agree that you will comply with all applicable laws, regulations and ordinances relating to the Service or your use of it, and you will be solely responsible for your own individual violations of any such laws.
Any feedback, comments, or suggestions you may provide regarding the Service is gratuitous, unsolicited, and without restriction, and we are free to use such feedback, comments, or suggestions as we see fit without any compensation to you.
You acknowledge and agree that the tools, features, and functions made available through the Service are used by you voluntarily and with your consent, subject to these Terms, the Privacy Policy, and any other applicable POSELY terms or policies.
Advertising
The Service may include advertisements, and those advertisements may link to independent third-party websites. We are not responsible for, and do not endorse, any third-party advertisements, websites, services, or products. Sites maintained by those third-parties are not under our control. Any dealings you have with third parties that advertise on the Service are between you and those advertisers, and you agree that we are not liable for any loss or claim that you may have against an advertiser. You acknowledge and agree that we may derive revenue from such advertisements and that you have no claim to any portion of such revenue.
User Content
Each user of the Service is solely responsible for their User Content. As we do not control the User Content, you acknowledge and agree that we are not responsible for it and make no guarantees regarding its accuracy, currency, suitability, or quality.
POSELY Content
We grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the content provided within the Service, including but not limited to pose guides, instructional images, and photographs of models demonstrating poses (‘POSELY Content’), solely for your personal and non-commercial use. You may not reproduce, distribute, modify, or use POSELY Content for any commercial purposes without our prior written consent.
Interactions with Other Users and Their Content
You are solely responsible for your interactions with other users and their content. You agree that POSELY will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any Service user, we are under no obligation to become involved.
Use of the Website
The content on the website is for personal use only. You are prohibited from sharing, disseminating, transferring, copying, or reproducing any information, including the structure, images, and design of the website, without prior written approval from POSELY. This restriction applies to social media and commercial use as well. POSELY will grant consent at its sole discretion. No consent is required if the content is being used for personal or educational purposes. However, any use of the website's content must not lead to the spread of false or misleading information.
Release from liability
To the extent permitted by law, you release POSELY, its officers, employees, agents, and successors from any claims, demands, losses, damages, rights, or actions, including those related to personal injury, death, or property damage, arising directly or indirectly from your use of the Service, interactions with other users, third-party advertisements, or third-party platforms (such as App Stores).
Change of Service
We reserve the right to modify, suspend, or discontinue the Service (or any part of it) at any time, with or without notice. We are not liable to you or any third party for any such changes, suspension, or discontinuation.
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User restrictions | When using our Services, you must comply with applicable laws and these Terms. In particular, you agree not to engage in any of the following actions:
Unauthorized Use & Content Exploitation |
Security & Technological Misuse |
Harmful & Unlawful Activities |
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Subscription and billing | Subscription
You may purchase a Subscription to the POSELY app through a third party, such as the iOS App Store, Google Play, or other app stores (collectively, "App Store"). In such cases, separate terms and conditions, including terms of use and billing policies, from the respective App Store may apply to your access to the Service in addition to these Terms.
You acknowledge and agree that the availability of the App depends on the third party from which you downloaded it (the App Stores).
The App Stores reserve the right to modify, terminate, or otherwise amend the Subscription plans offer from time to time. Any increased fees for existing Subscriptions will apply only to future charges beginning on your next billing period.
Unless expressly stated otherwise, your Subscription is personal to you and intended for individual use only. You may not share, transfer, or sublicense your Subscription to any third party.
Payment
You agree to pay all fees charged by the App Stores in connection with the App. You agree to comply with, and your license to use the App is conditioned upon your compliance with, all applicable agreements, terms of use/service, and other policies of the App Stores. You acknowledge that the App Stores (and their subsidiaries) are a third party beneficiary of these Terms and will have the right to enforce these Terms.
You may be required to provide the App Store with a valid payment method (such as a credit card or any other permitted payment instrument) (the “Payment Method”). You authorize the App Store to process charges for the applicable amounts using your selected Payment Method. All financial transactions processed by the App Store will be subject to its respective terms and conditions. We are not responsible in any event for the actions or inactions of the App Store or any third-party payment service provider. Any billing and fee disputes may require resolution directly between you and the App Store or the applicable third party. Upon your Subscription renewal, if the relevant App Store does not receive payment via your Payment Method, you agree to pay all amounts. We or the App Store may either cancel or suspend your Subscription and continue attempting to charge your Payment Method until the payment is successfully processed.
Automatic Subscription Renewals
Subscription fees will be charged by the App Store at the beginning of your Subscription term or upon the expiration of any applicable free trial period. Your Subscription will automatically renew according to the terms selected at the time of purchase, unless canceled prior to the renewal date. After your initial or subsequent Subscription period, your Subscription will automatically renew on the first day following the end of such period (each a “Renewal Commencement Date”) and continue for an additional similar period at then-current price. Your Account will continue to be charged for automatic renewals unless you cancel your Subscription prior to the Renewal Commencement Date.
Canceling Your Subscription
You can cancel your Subscription or opt out of auto-renewal at any time in the manner described by the App Store. Cancellation will be effective at the end of your current Subscription term, and your Subscription will not be renewed. You will not be eligible for a refund for any prorated fees paid for the current Subscription term. We do not control and cannot provide refunds for Subscriptions purchased through the App Store.
Free Trials
Certain Subscription offers may include a free trial before any charges are processed. We will communicate the trial period to you via our Services. If you decide to cancel your Subscription before the App Store attempts to charge your authorized payment method, you must cancel your Subscription before the free trial ends. If you do not cancel before this time, you are responsible for payment for the full Subscription period.
Taxes
The App Store may charge you, and you agree to pay, any applicable fees and taxes related to your use of our Services.
Customer support
POSELY has no obligation to provide you with customer support of any kind. However, POSELY may, at its sole discretion, provide you with customer support from time to time.
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Disclaimers and limitations of liability | No Warranties
The Service and POSELY Content are provided “as is,” “as available,” and “with all faults.” We make no representations or warranties, whether express, implied, or statutory, regarding: (a) the Service; (b) POSELY Content; (c) any conduct or content of any user on the Service; or (d) security associated with the transmission of information to POSELY or via the POSELY services. Without limiting the foregoing, we specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose, and non-infringement. We do not warrant or guarantee that the Service is accurate, reliable or correct; that the service will meet your requirements; that the Service will be available at any particular time or location, uninterrupted, error-free, without defect, or secure; that user content marked as private will not become public; that any defects or errors will be corrected; or that the Service is free of viruses or other harmful components.
Limitation of Liability
To the maximum extent permitted by applicable law, POSELY, its affiliates, licensors, sponsors, officers, directors, employees, and agents (the “Posely Parties”) shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, revenues, data, use, goodwill, or other intangible losses, whether incurred directly or indirectly, resulting from: (i) your access to or use of, or inability to access or use, the Services; (ii) any conduct or content of any third party on the Services, including, but not limited to, any defamatory, offensive, or illegal conduct of other users or third parties; (iii) any content obtained from or generated by the Services; or (iv) unauthorized access, use, or alteration of your transmissions or content. In no event shall the POSELY parties’ aggregate liability exceed the greater of one hundred U.S. dollars ($100.00) or the amount you paid POSELY, if any, in the past six months for the services giving rise to any and all claims. the limitations of this subsection shall apply to any theory of liability, whether based on warranty, contract, statute, tort (including negligence) or otherwise, and whether or not the POSELY parties have been informed of the possibility of any such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Indemnity and Release for Your Use
You agree to release, indemnify, and hold harmless us, our affiliates, officers, employees, directors, agents, successors, and assigns (collectively, the “POSELY Parties” and each an “Indemnitee”) from any and all losses, liabilities, damages, fines, penalties, expenses (including reasonable attorneys’ fees), rights, claims, and actions of any kind, including any injury, arising out of or relating to: (1) your past and present use of the Service or any of its tools, features, or functions, including any tools that apply effects to or generate images of individuals; (2) any content you upload to or create with the Service; or (3) your violation of these terms, any rights of another person, or applicable law. Notwithstanding the foregoing, you will have no obligation to indemnify or hold harmless any Indemnitee from or against any liability, losses, damages or expenses incurred as a direct result of any action or inaction of such Indemnitee. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine. |
General | Governing Law
These terms and our Privacy Policy are governed by the laws of Georgia, without giving effect to any conflicts of laws principles. However, in some jurisdictions (including countries within the European Union), local laws may require agreements to be governed by the laws of the consumer's country. This paragraph does not override those laws.
Entire Agreement, Severability
Except as otherwise expressly provided herein, these Terms set forth the entire agreement between you and POSELY regarding its subject matter, and supersede all prior promises, agreements or representations, whether written or oral, regarding such subject matter.
If any provision of these Terms is found to be invalid or unenforceable, then these Terms will remain in full force and effect and will be reformed to be valid and enforceable while reflecting the intent of the parties to the greatest extent permitted by law.
Assignment
You may not transfer or assign this Agreement, including any rights or licenses granted to you by these Terms.
POSELY may transfer or assign any and all of its rights and obligations under these Terms to any other person, by any way, including by novation, and by accepting these Terms you give POSELY consent to any such assignment and transfer.
Term
These Terms apply beginning on the date you first used our Services or the date you accepted these Terms, whichever came first, and will continue to apply until terminated.
We may terminate this Agreement or your ability to access or use any or all of our Services at any time for any reason, including if you have violated these Terms or if we are legally required to do so.
If you wish to terminate this Agreement, you may do so by cancelling your Subscription.
All provisions of this Agreement that need to continue will continue following the termination of this Agreement, including ownership provisions, warranty disclaimers, arbitration and governing law, and limitations of liability.
Dispute resolution
In case of disputes, a case will be dealt with by common courts of Georgia in compliance with the law.
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Electronic Communications | By using our Services, you agree to receive communications from us or our affiliated companies, including by electronic means. All information communicated through the Service is considered an electronic communication. When you communicate with us via the Service or other electronic means, such as email, you consent to receiving communications from us electronically. You agree that all agreements, notices, disclosures, and other communications provided to you electronically will satisfy any legal requirement that such communications be in writing.
You further agree that by clicking on a button labeled “SUBMIT,” “CONTINUE,” “I AGREE,” or similar, you are providing your electronic signature and entering into a legally binding agreement. You acknowledge that your electronic submissions constitute your intent to be bound by these Terms.
YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO THE ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THE SERVICE.
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How we make changes to this terms
| We may change these Terms of Use from time to time to reflect our current practices and ensure compliance with applicable laws. The most current version will always be available at https://posely.app, and it is advisable to review these terms periodically. Personal notification of changes will only be provided if required by applicable law.
Your continued use of our Services indicates your acceptance of any changes. If you do not agree to any changes, you must cease using our Services and cancel your Subscriptions. Please check our Services regularly to view the most current terms.
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Contact us
| If you wish to send any notice under these Terms or have any questions regarding the Service, you may contact us at: rodion@posely.app
I HAVE READ THESE TERMS AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.
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