Terms of Service

• You sign in with Google or Facebook. Whoever controls that sign-in account controls your Pomink account, so keep it secure.
• You must be at least [MINIMUM AGE] years old to open an account, and an adult (18 in Mexico, or the age of majority where you live) to buy a plan or accept payments.
• Give us accurate information, keep one account per person, and don’t create accounts automatically or to get around a suspension.
• When you first open the studio we create your first wall, named after the name on your sign-in account, with a sample link and an email sign-up block. It is public from the start; you can rename it, change its handle, remove those blocks or unpublish it at any time. While the email block is on your wall, the addresses it collects are your list (see Your email list).
• Handles are first come, first served, and some are kept for Pomink’s own pages. We may change or take back a handle that impersonates someone, infringes a trademark or misleads people, and we will tell you why.

You keep ownership of what you put on Pomink: text, links, images and themes (“your content”). You are responsible for it, and you need the rights to everything in it, including the permission of the people who appear in it.

You give us a worldwide, non-exclusive, royalty-free licence to host, store, copy, process (for example, resize and convert images), adapt for display, publish and distribute your content, only as needed to run Pomink: on your walls at pomink.com and on any domain you connect, in share cards, previews and QR codes, in the studio, in the exports you ask for, in search engines through our sitemap, and on our homepage as an example of a public wall (you can ask us not to; see the Privacy Policy).

The licence ends when you delete the content or your account, except for copies other people are allowed to keep (see Theme gallery), backups until they expire, and records we must keep.

Published walls are public: anyone can see them, and they can appear in search results. Walls on the Free plan show a small “Made with Pomink” badge.

You may not use Pomink to:

• break the law, or help someone else break it;
• impersonate a person, brand or organisation, or mislead people about who is behind a wall;
• link to phishing, malware or anything built to steal credentials, money or data;
• spam or scam people, including signing others up to email lists without their permission;
• publish sexually explicit content, or adult content that is not clearly labelled as such;
• publish child sexual abuse material — we remove it and report it to the authorities;
• harass or threaten people, or incite violence or hatred against them;
• publish someone’s private information without their permission;
• infringe anyone’s intellectual property, privacy or other rights;
• sell anything Stripe prohibits, or that is illegal where you or your buyer are;
• interfere with Pomink: probe, scan or overload it, scrape it against our robots.txt, or get around its limits, its plans or its moderation.

• Anyone can report a wall with the “Report this page” link at the bottom of every wall, with no account needed. Reports are reviewed by people, and we do not learn who sent them.
• If a wall breaks these terms or the law, we may take it down: it stops being shown anywhere — its page, its links, its share card and its images. If an account breaks them seriously or repeatedly, we may suspend it: all its walls are hidden and the studio becomes read-only, but you can still sign in to read why and to appeal.
• We tell you in the studio what we decided and why, unless the law or someone’s safety prevents it. A wall that was taken down stays editable, so you can fix it.
• You can appeal from the studio, one open appeal per decision. A person reviews it and either reverses the decision or upholds it with an explanation.
• We may also act without a report, and remove content when the law requires it. We keep a record of every decision, including after the account is deleted.
• A suspension does not cancel a paid plan: you can cancel it in the billing portal at any time, suspended or not. It does not stop payouts Stripe already owes you; Stripe’s own terms govern those.

• On the Studio plan you can connect up to three domains to a wall, if you own or control them. You prove it with a DNS record; until then the domain shows nothing of yours. Once verified, the domain’s home page shows your wall, and its other addresses lead to pomink.com.
• We add verified domains to our hosting provider so it can serve them, and may show you DNS records to set. Signing in to Pomink happens only on pomink.com, never on your domain.
• We check your domain regularly. If two checks in a row fail, it stops showing your wall until it verifies again. A domain never verified is released after 14 days.
• The domain stays your responsibility: registering and renewing it, its DNS, and your right to use it. We are not a domain registrar.
• If you remove a domain, or your plan no longer includes custom domains, we may disconnect it.

• You can publish a saved theme to the public gallery. Published themes show no author, and image backgrounds are never shared: a published theme keeps its colours, not your photos.
• By publishing a theme you let every Pomink user wear it on their walls and remix it — copy and change it — free of charge, worldwide and with no time limit. A copy someone makes is theirs: unpublishing or deleting your theme does not change copies already made. A remix names the theme it came from.
• Only publish themes you are entitled to share.
• We may take a theme out of the gallery, for example if its author is suspended.

• Pro and Studio are paid plans; their features and prices are on the pricing page. The price you see at checkout is the price you pay. [TAX TREATMENT OF PLAN PRICES]
• Plans are billed in advance by Stripe and renew automatically every month, on the day of the month you subscribed, until you cancel.
• You can cancel at any time in the billing portal (Pricing → Manage in billing portal). Unless the portal says otherwise, cancelling stops the next renewal and you keep your plan until the end of the period you already paid for.
• If a payment fails, or your subscription ends, your account goes back to the Free plan and features that need a paid plan stop working.
• Deleting your account cancels your plan at once, without waiting for the end of the period (see Suspension and ending things).
• Refunds: [REFUND POLICY: not decided yet]. This does not affect any right to a refund that the law gives you.
• We will tell you at least [NOTICE PERIOD, e.g. 30 days] before a price increase applies to your plan, so you can cancel first.

• To take tips and sell products on a wall you open a Stripe connected account from the studio (Studio → Payments). Stripe’s Connected Account Agreement applies to it, and Stripe decides whether to approve your account.
• Buyers pay on Stripe’s checkout page. Each payment is a sale from you to the buyer, made on your Stripe account: you are the seller, not Pomink.
• Pomink’s fee is 5% of each payment, collected by Stripe when the payment is made. Stripe’s own processing fees are separate. We will tell you at least [NOTICE PERIOD, e.g. 30 days] before we raise our fee.
• You are responsible for what you sell: describing it truthfully, delivering it, refunds, cancellations, disputes and chargebacks, and the taxes on your sales. Pomink does not hold your money and does not handle refunds to your buyers.
• We show you your buyers’ email addresses so you can fulfil their orders. Use them for that and as the law allows — not for marketing unless the buyer agreed.
• Payments stop working on a wall that is taken down, and we may switch them off where Stripe or the law requires it.

When you add an email block to a wall, the people who sign up are your list. For their personal data you are the controller (in Mexico, the responsable) and Pomink is your processor (encargado). This section is our agreement for that processing.

What you instruct us to do

Through these terms and your settings, you instruct us to show the sign-up form on your wall, store sign-ups, send each new address a confirmation email in your name (double opt-in, whenever we can send email), keep your list and let you download it — and, if you connect Mailchimp or Kit, send each confirmed subscriber’s email address, and nothing else, to the audience, form or tag you pick: right after they confirm and, if you ask, everyone already on your list. We process your list for nothing else, unless the law requires it. To protect the people on the receiving end, we limit how many confirmation emails one address can be sent, so some sign-ups may not get one straight away.

Your Mailchimp or Kit connection

• You let us use the API key you give us only to check it, list your audiences, forms and tags, and add confirmed subscribers to the one you picked. We store it encrypted, never show it again, and delete it when you disconnect or delete your account.
• We never change the status of someone already in your tool: a person who unsubscribed there stays unsubscribed. If you pick a Kit form that uses double opt-in, Kit sends its own confirmation email to each address we add.
• Forwarding waits while your wall is taken down or your account is suspended, and stops when your tool turns the key down or the list is gone, until you fix it. If your tool refuses an address, the studio tells you why; after about a day of failed attempts we stop retrying that address, and you can export it to add it by hand.
• Mailchimp and Kit are your providers, not ours: once an address is delivered, your agreement with them governs it.

What you commit to

• a lawful basis for collecting and using the list — the confirmation step records consent;
• your own privacy information for subscribers: who you are, what you will send and how to leave;
• a working unsubscribe link in every email you send them, and compliance with anti-spam law;
• honouring every request to be removed, including the ones we forward to you;
• only connecting email accounts and API keys you are authorised to use.

What we commit to

• confidentiality: only people who need your list to run Pomink can access it, under a duty of confidence;
• the security measures in the Privacy Policy;
• using only the service providers listed in the Privacy Policy, under terms that protect the data as these do, and updating that list before we add one (if you object, you can remove the email block or close your account);
• passing you any request we receive from your subscribers and helping you answer it — and, when a subscriber asks us to remove them and cannot reach you, removing them from the list kept on Pomink and telling you;
• telling you without undue delay if a security breach affects your list;
• deleting the list, with its delivery records, when you delete your account (unconfirmed sign-ups are deleted automatically once their link expires), and letting you download it whenever you like;
• answering reasonable questions about how we process your list.

The list is processed in the countries described in the Privacy Policy. If you need a signed data processing agreement, write to [PRIVACY CONTACT EMAIL].

Pomink works with services run by other companies: Google and Facebook for signing in, Stripe for payments, Mailchimp and Kit for your lists, embedded players, and Twitch, YouTube and Kick for live status. Their terms apply to your use of them, and we are not responsible for them. What Pomink shows from them — live badges, latest posts, imported pages, AI suggestions — can be late or wrong.

Pomink’s software, design, name and logo, and its built-in themes, belong to us or our licensors. These terms let you use Pomink as intended and give you no other rights to them. If you send us ideas or feedback, we may use them freely.

• You can stop using Pomink and delete your account at any time (Studio → Account), even while it is suspended. Deleting is permanent: your walls go offline at once, everything in the account is deleted, and your handles become free for others to claim. The Privacy Policy says what is kept. Download your data first if you want a copy.
• Deleting your account deletes your customer record at Stripe, which cancels any paid plan immediately; refunds for the unused part of a period follow the refund terms in Paid plans. A Stripe connected account you use for payouts stays yours — its balance and payouts are between you and Stripe, and you close it with Stripe.
• We may suspend or close your account, or remove content, if you break these terms or the law, if the law or one of our providers requires it, or if your account puts others at risk. Where we can, we tell you why, and you can appeal (see Reports, moderation and appeals).
• We may change or remove features. If we ever close Pomink, we will give you at least [NOTICE PERIOD, e.g. 30 days] notice so you can download your data.
• The theme licence, payments owed, and the disclaimer, liability and governing-law sections continue after your account ends.

Pomink is provided “as is” and “as available”. We work to keep it running and your content safe, but we do not promise it will always be available or free of errors, or keep your content forever — keep your own copies (you can download them in the studio). We do not check or endorse what is published on walls. To the extent the law allows, we disclaim implied warranties of merchantability, fitness for a particular purpose and non-infringement. Nothing in these terms limits rights the law gives you as a consumer and does not allow to be limited.

To the extent the law allows, we are not liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue, data or goodwill; and our total liability for all claims about Pomink is limited to the greater of what you paid us in the 12 months before the claim and [LIABILITY CAP AMOUNT]. These limits do not apply to liability the law does not allow to be limited, such as for fraud, gross negligence or wilful misconduct.

If you use Pomink for business, you will compensate us for third-party claims arising from your content, from what you sell, or from your breach of these terms, to the extent the law allows.

These terms are governed by [GOVERNING LAW, e.g. the federal laws of the United Mexican States], without regard to conflict-of-laws rules, and disputes are heard by [COURTS, e.g. the competent courts of Mexico City]. If you use Pomink as a consumer, you keep any right the law where you live gives you to bring a claim there or to go to a consumer authority, such as Mexico’s Procuraduría Federal del Consumidor (PROFECO).

We may update these terms. For changes that matter, we will tell you at least [NOTICE PERIOD, e.g. 30 days] before they apply, in the studio or by email. If you do not agree, you can stop using Pomink and delete your account before they take effect.

[LEGAL ENTITY NAME], [REGISTERED ADDRESS IN MEXICO], phone [CUSTOMER SERVICE PHONE NUMBER]. Questions, clarifications and complaints about these terms: [SUPPORT CONTACT EMAIL]. Privacy: [PRIVACY CONTACT EMAIL].