Terms of Use
Terms for Pomyra websites and services.
These Terms of Use govern the Pomyra website and any Pomyra product or service that expressly links to them. Product-specific notices and the terms of the platform from which you obtain a product may also apply.
Crittermate is distributed through Apple's App Store and Google Play. Unless its App Store listing states that a custom end-user license applies, the Apple Standard EULA governs your license to the Apple-platform version. The Google Play Terms of Service apply to your use of Google Play. These Terms do not replace a controlling platform agreement.
1. Who We Are, Scope, and Acceptance
Pomyra Technologies LLC (“Pomyra,” “we,” “us,” or “our”) operates this website and publishes Crittermate. These Terms apply to pomyra.com and to any Pomyra app, website, feature, or other offering that expressly links to them (each, a “Service”).
By accessing or using a Service after these Terms are presented or linked in a legally effective manner, you agree to them. If applicable law requires affirmative consent, a link alone does not replace that consent. If you do not agree, do not use the affected Service.
You must be legally capable of agreeing to these Terms. If you have not reached the age of legal majority where you live, a parent or legal guardian should review these Terms and permit your use. Nothing here limits rights that cannot be waived under applicable law.
2. Platform Terms and Crittermate
Crittermate is currently offered for compatible iPhone, iPad, and Android devices through Apple's App Store and Google Play. Apple and Google, not Pomyra, operate those stores and may apply their own account, download, payment, refund, family-sharing, device, and usage rules. Your relationship with a store operator is governed by that operator's terms.
The app is licensed, not sold. Unless a custom end-user license is identified on the applicable product page, Apple's Standard EULA governs the license for the Apple-platform version, and these Terms together with applicable Google Play terms govern the Android version. If these Terms conflict with a controlling platform term or end-user license, that platform term or license controls for the matter it covers. Apple and Google are not responsible for Pomyra's website, support commitments, or privacy practices.
Descriptions, screenshots, compatibility information, and availability may change with app versions. The listing in the store and region you use is the current source for price, compatibility, and availability.
3. Limited Permission and License
Subject to these Terms and any controlling platform license, Pomyra permits you to access the public website and use a Service for its intended, lawful, personal, and non-commercial purpose. This permission is limited, non-exclusive, non-transferable, non-sublicensable, and revocable.
You may not copy, distribute, sell, rent, lease, sublicense, publicly perform or display, modify, create derivative works from, reverse engineer, decompile, or attempt to extract source code from a Service, except to the extent a controlling license or applicable law expressly permits it despite this restriction.
4. Acceptable Use
You may use a Service only for lawful purposes and as intended. You must not:
- interfere with the operation, integrity, or security of a Service;
- bypass access restrictions or other technical controls;
- access non-public systems, files, or data without authorization;
- introduce malicious code, harmful traffic, or disruptive activity;
- use automated means to create unreasonable load or evade controls;
- misrepresent your identity, authority, or affiliation;
- infringe the rights of Pomyra or another person; or
- encourage or help another person do any of these things.
Security testing requires prior written authorization unless applicable law clearly provides otherwise.
5. Ownership and Pomyra Materials
Pomyra and its licensors retain all rights, title, and interest in the Services and their software, gameplay elements, characters, artwork, audio, text, design, names, logos, and other materials. These Terms grant only the limited permission stated above and do not transfer ownership or any trademark right.
You may access public materials for the intended, lawful use of a Service and link to public pages without implying endorsement or affiliation. Except as permitted by law or written permission, you may not copy, modify, distribute, sell, license, or create derivative works from protected materials.
6. Feedback
If you voluntarily send ideas or feedback, you grant Pomyra a worldwide, perpetual, irrevocable, royalty-free, transferable, and sublicensable right to use, reproduce, modify, distribute, and otherwise exploit that feedback for any lawful purpose without payment or attribution. Do not submit confidential information or material you do not have the right to provide.
7. Privacy
The Master Privacy Policy describes information handling for the website. The Crittermate Privacy Policy describes the app's practices. Those notices are incorporated for notice and transparency; these Terms do not authorize collection or use beyond the applicable notice.
8. Third-Party Platforms, Services, and Links
A Service may contain links to or enable access to third-party websites or services. If you choose to use them, their own terms and privacy practices apply to your relationship with them.
A reference or link does not by itself mean that Pomyra endorses, controls, or guarantees the third party or its availability.
9. Updates, Availability, and Access
Pomyra may provide patches, updates, upgrades, or changes to a Service. An update may be required for continued use, and older versions may stop working because of platform, security, compatibility, or legal requirements.
To the extent permitted by law and any controlling platform terms, Pomyra may change, suspend, or discontinue all or part of a Service, or restrict access, when reasonably necessary for security, abuse prevention, maintenance, legal compliance, technical compatibility, or business reasons. We do not promise that a Service, public information, or a particular feature will always be available, error-free, or supported indefinitely.
Your permission to use a Service ends automatically if you materially violate the applicable terms or controlling license. Provisions that by their nature should survive—including ownership, feedback, disclaimers, liability limits, and general provisions—survive termination.
10. Disclaimers
To the fullest extent permitted by law, each Service is provided “as is,” “as available,” and with all faults. Pomyra disclaims all express, implied, and statutory warranties, including merchantability, satisfactory quality, fitness for a particular purpose, quiet enjoyment, accuracy, non-infringement, and uninterrupted or error-free operation.
Nothing in these Terms excludes any warranty, consumer guarantee, remedy, or other right that cannot lawfully be excluded or limited. For Crittermate, warranty provisions in a controlling platform agreement or end-user license also apply.
11. Limits of Liability
To the fullest extent permitted by law, Pomyra and its licensors are not liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for loss of data, profits, revenue, business, or opportunity arising from or related to a Service.
To the fullest extent permitted by law, Pomyra's total aggregate liability for all claims arising out of or relating to a Service or these Terms will not exceed the greater of (a) the amount you paid Pomyra for that Service during the twelve months before the event giving rise to the claim or (b) US $50. The liability provision in a controlling platform license applies where it governs the claim.
These exclusions and limits apply regardless of the theory of liability and even if a remedy fails of its essential purpose, but only to the extent permitted by law. They do not exclude or limit liability for fraud, willful misconduct, death or personal injury caused by negligence, or any matter that cannot lawfully be excluded or limited.
12. Use on Behalf of an Organization
If you use a Service on behalf of a business or other organization, you represent that you have authority to bind it. To the extent permitted by law, that organization will defend and indemnify Pomyra and its affiliates, officers, employees, and licensors from third-party claims, losses, and reasonable costs arising from the organization's unlawful use, material breach of these Terms, or infringement of another person's rights. This section does not impose an indemnity on a consumer acting only in a personal capacity.
13. Legal Compliance and Export Controls
You are responsible for complying with laws that apply to your use of a Service. You may not use, export, re-export, or transfer a Service in violation of applicable sanctions, export-control, or import laws. Platform-specific representations in the controlling end-user license also apply.
14. Changes to These Terms
Pomyra may revise these Terms prospectively. The updated version will be posted with a revised effective date. If a material change affects an available Service, Pomyra will provide notice reasonably appropriate to the circumstances and applicable law. Changes do not retroactively reduce rights or create liability for conduct that occurred before their effective date.
Changes apply from the stated effective date. Where acceptance is required, the updated terms will be presented or incorporated in a manner appropriate to the affected Service and applicable law. If you do not agree, stop using the affected Service.
This English page is the controlling text. A translation is for convenience unless it expressly states that it controls. Mandatory local-language or consumer-law requirements remain unaffected.
15. Governing Rules and General Provisions
The law and forum specified in a controlling platform agreement or end-user license govern matters covered by that agreement. For other matters, the laws and courts having lawful jurisdiction over the dispute apply. Nothing in these Terms deprives you of mandatory protections or access to a forum that cannot be waived under the law where you live.
If any provision is held unenforceable, it will be enforced to the greatest lawful extent and the remaining provisions will remain in effect. A failure to enforce a provision is not a waiver. You may not assign these Terms without Pomyra's written consent; Pomyra may assign them in connection with a merger, acquisition, reorganization, or transfer of the relevant Service, subject to applicable law. These Terms, the applicable privacy notice, any product-specific terms, and any controlling platform license form the entire agreement on their respective subjects.
16. Contact
Questions about these Terms may be sent to support@pomyra.com or through the Support page.