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Pomagotchi Terms of Use

Effective: May 16, 2026 · Version 2.2 · App: Pomagotchi (iOS, iPadOS, watchOS) · Publisher: Thomas Ray Publishing LLC (“TRP,” “we,” “us”) · Contact: thomasraypublishing@gmail.com

0. Terms at a Glance (Plain-Language Summary)

Hi! Here’s the short version of these Terms in plain English. The full rules are below.

• Pomagotchi is a game where you raise virtual Pomeranians, write letters with “Paper Pom,” and play mini-games. The pets aren’t real animals.
• You should be 13 or older to use this app. If you’re younger than 13, a parent or guardian should set it up and supervise you.
• You can play for free. Some items cost real money. The Fluff Society is a monthly subscription that renews automatically until you cancel. You can cancel anytime in your iPhone’s Settings → Your Apple Account → Subscriptions.
• Pom Coins can be bought with real money. Gems are earned by playing and cannot be bought. Neither has real-world cash value, and neither is a gift card.
• You’re getting a license, not buying something to keep forever. Items, coins, gems, the Season Pass, and the Fluff Society subscription are all licensed to you under these Terms. We tell you up front when items expire.
• Some items expire (toys after 30 days; beds after 90 days; holiday accessories sooner). The app tells you before they do.
• AI writes some of the words your pet “says,” your pet’s dream stories, journal entries, mystery-story prose, scene backgrounds, and card art. All AI runs on your device. We do not send your data to ChatGPT, Gemini, Claude, or any cloud AI. We do not train AI on what you type. You can turn AI off in Settings. If anything the AI makes feels off, you can report it.
• Paper Pom letters are written by you using our story library. They never come to us — they go straight to Messages, Mail, or another app you pick.
• Letting a pet go is permanent. “Pom Stasis” lets you save up to 3 pets for later. iCloud sync is on by default; you can turn it off.
• Be kind. Don’t use the camera or microphone to record other people without their okay. Don’t try to hack, cheat, or steal from the game.
• Don’t trust the in-game weather or geofencing for anything that matters. It’s there to make the game feel alive — not to keep you safe in a storm or guide you in an emergency.
• We give 90 days’ notice if we ever shut Pomagotchi down.
• If something goes wrong, our maximum responsibility to you is whichever is greater: $100 or what you paid us in the last 12 months — and none of this takes away your legal rights as a consumer in the EU, UK, or your home country.
• Questions? Email thomasraypublishing@gmail.com.

1. Acceptance of These Terms

These Terms of Use (“Terms”) form a binding agreement between you and Thomas Ray Publishing LLC, a Nevada limited liability company (“TRP”). They govern your download, installation, access, and use of the Pomagotchi mobile application and any accompanying watchOS or future visionOS companion experience (collectively, the “App”).

First-launch acceptance. When you first open the App, you will see a full-screen acceptance gate that displays a scrollable summary of these Terms together with clearly distinguishable hyperlinks to the full Terms and Privacy Policy. To proceed past this gate you must tap a button labelled “I Agree to the Terms of Use and Privacy Policy.” The button is the only path forward; tapping it constitutes your unambiguous manifestation of assent to these Terms and to our Privacy Policy. This pattern is intended to satisfy the inquiry-notice standard articulated in Berman v. Freedom Financial Network, 30 F.4th 849 (9th Cir. 2022).

Material changes. If we materially change these Terms (for example, new fees, new data uses, new dispute terms), we will re-present the acceptance gate on next launch after the change takes effect. Non-material changes (typos, clarifications, contact updates) will be announced in-app and reflected in the Version History at the end of this document.

If you do not agree, do not tap “I Agree.” You may delete the App. Apple’s withdrawal/refund process remains available through reportaproblem.apple.com (see Section 11).

2. Apple-Mandated Acknowledgement

These Terms are concluded between you and TRP only, and not with Apple Inc. (“Apple”). TRP, not Apple, is solely responsible for the App and its content. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App.

3. Eligibility and Age Requirements

Pomagotchi is rated 4+ on the App Store but is not in Apple’s Kids Category; it is an intentionally mixed-audience experience. Under Apple’s Developer Program License Agreement and these Terms:

• You must be at least 13 years old to create an Apple ID and to use Pomagotchi on your own account. If you are between 13 and the age of majority in your jurisdiction, you confirm that your parent or legal guardian has reviewed and agreed to these Terms on your behalf.
• If you are under 13, you may use the App only when set up and supervised by a parent or legal guardian on Family Sharing or a comparable arrangement, and the supervising adult is the contracting party under these Terms.
• We treat Pomagotchi as an online service “likely to be accessed by children” under the California Age-Appropriate Design Code Act and the UK Age Appropriate Design Code, and we apply child-appropriate privacy defaults to all users regardless of age. See our Privacy Policy for details.
• Parental controls. We recommend Apple’s Screen Time, Communication Limits, and “Ask to Buy” features for younger users. Pomagotchi never charges money without going through Apple’s purchase confirmation.

4. Description of Service

Pomagotchi is a virtual-pet game in which you adopt, name, and care for one or more cartoon Pomeranian companions across six coat-color variants. The App’s currently shipped features include daily care actions, the Fluffpedia in-app encyclopedia, Fluffpuffy Cove serialized mystery novel, Dog Show competitions, mini-games including Puff Pop, Treat Catch, Dig for Treasure, Memory Match, Agility Course, Hide and Seek, and Pom Zoomies, Photo Booth with optional AI-generated scene backgrounds, Trading Cards, Paper Pom stationery letter composition, Augmented Reality experiences, location-aware environment detection, Lock-Screen Live Activities, rich notifications, Siri Shortcuts, Apple Watch companion app, Game Center leaderboards and achievements, Spotlight indexing, iCloud Key-Value sync, and GameSave cloud preservation.

Forward-looking features. Some features described in these Terms (including the Nearby Friends Bluetooth peer-to-peer experience in Section 16 and any future visionOS companion) are specified and engineered but may not be active in your build. They are disclosed here so that you have notice in advance of any rollout.

5. License Grant and Scope

Subject to your compliance with these Terms and Apple’s Licensed Application End User License Agreement, TRP grants you a personal, limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download and use the App on Apple-branded devices that you own or control, as permitted by the Apple Usage Rules in the App Store Terms.

You may not, and may not authorize anyone else to: copy, modify, adapt, translate, reverse engineer, decompile, or disassemble the App; remove or alter proprietary notices; circumvent security features; use the App to develop a competing product or train an AI model; rent, lease, or sublicense the App; or access the App by automated means except for accessibility assistive technologies.

6. AI-Generated Content

6.1 What is AI-generated

Pomagotchi uses Apple’s on-device Foundation Models framework to generate or flavor personalized pet dialogue, status messages, dream stories, journal entries, Fluffpuffy Cove mystery-episode prose, notification copy, care tips, optional Photo Booth scene backgrounds, optional Trading Card backgrounds, and the six-trait personality engine outputs that evolve from your interactions with your pet.

6.2 Transparency and labeling (EU AI Act Article 50; Apple HIG)

We label AI-generated content in three ways: (1) First-launch and ongoing disclosure — this Section and in-app Settings state plainly that AI is in use. (2) In-context indicator — every surface that displays AI-generated content displays a small, persistent “AI” sparkle indicator. Pomagotchi’s pet voice, stories, scenes, and card art are presented as fictional, character-driven creative content — Article 50(4) of the EU AI Act expressly recognizes a lighter disclosure obligation for “evidently artistic, creative, satirical [or] fictional” output. (3) Machine-readable provenance — for AI-generated images, we preserve machine-readable provenance metadata where the underlying framework supports it.

You can disable AI generation entirely under Settings → AI-Generated Messages. When disabled, the App uses curated template strings and pre-rendered scene/card art.

6.3 On-device only; no third-party AI

Pomagotchi’s AI processing happens entirely on your device using Apple’s first-party Foundation Models framework. Pomagotchi does not send your data or prompts to OpenAI/ChatGPT, Anthropic/Claude, Google/Gemini, Microsoft, Mistral, Meta, xAI, or any other third-party AI service, and does not use Apple Private Cloud Compute. This is a deliberate design choice, stated here in part to satisfy the explicit-disclosure expectation of App Review Guideline 5.1.2(i) (as amended 13 November 2025).

6.4 No AI training on your content

We do not collect your inputs to train, fine-tune, evaluate, or improve any AI model — ours or anyone else’s. We do not transmit your inputs off-device for AI purposes.

6.5 Apple Foundation Models — Acceptable Use

Pomagotchi accesses Apple’s Foundation Models framework subject to Apple’s Acceptable Use Requirements. You agree that you will not use, prompt, or attempt to coerce the App’s AI features to violate law or regulation, generate pornography or overtly sexual material, promote child sexual exploitation or abuse, circumvent safety guardrails, or attempt to reverse-engineer Foundation Models training data. You also agree not to use AI features to impersonate any real person, harass others, generate hate speech or violent extremist content, or generate synthetic media intended to deceive viewers as to its provenance.

6.6 AI output is not advice

AI-generated content in Pomagotchi is for entertainment only. It is not veterinary advice, medical advice, mental-health advice, legal advice, financial advice, or any other professional advice, and should not be relied on as such.

6.7 Reporting problematic AI output

Apple’s Human Interface Guidelines for Generative AI expect every app that surfaces generative AI output to provide users a way to report problematic results. If any AI-generated message, dream story, mystery scene, care tip, Photo Booth background, or Trading Card background ever feels offensive, unsafe, or otherwise wrong, you can:

• tap the Report affordance attached to the message or image, which opens a pre-filled reporting form; or
• go to Settings → Report a Concern, which routes to TRP via email; or
• email thomasraypublishing@gmail.com directly with “AI Report” in the subject line.

We will review reports in good faith. This reporting flow also serves as our DSA Article 16 notice mechanism for any user-facing AI surface (see Section 29).

7. In-App Purchases — Virtual Currency, Items, and Expiration

7.1 Currencies

• Pom Coins are a consumable virtual currency. You can earn them by playing or acquire them through Apple In-App Purchase. Pom Coins are shared globally across your pets and persist when you adopt new pets.
• Gems are a secondary virtual currency that you can only earn through gameplay. Gems cannot be purchased with real money under any circumstance. The Gem Workshop lets you trade gems for permanent, game-exclusive items at posted, deterministic rates.

7.2 No real-world value; non-transferable; license not sale; not a gift card

No real-world value; non-transferable. Pom Coins, Gems, virtual items, decorations, badges, achievements, and any other in-game property have no monetary value, are not redeemable for cash or anything outside the App, and are not transferable between accounts or to third parties.

You acquire a limited license, not ownership. When you obtain Pom Coins, items, the Fluffpuffy Cove Season Pass, the Fluff Society subscription, or any other in-game content — whether by playing, by spending Pom Coins, by spending Gems, or through Apple In-App Purchase using real money — you receive only a personal, non-transferable, revocable license to use that content inside Pomagotchi. TRP retains all ownership of the underlying digital content, intellectual property, and underlying systems. This Section is intended to satisfy the express-license-disclosure expectation of California Business & Professions Code § 17500.6 (Assembly Bill 2426, effective 1 January 2025) for digital goods.

Pom Coins and Gems are not gift certificates or stored value. Pom Coins and Gems are closed-loop in-game currencies used solely inside Pomagotchi. They are not gift certificates, gift cards, electronic gift cards, stored-value cards, prepaid access, or “stored value” within the meaning of California Civil Code § 1749.5 (as amended by Senate Bill 22, effective 1 April 2026) or equivalent provisions of any other jurisdiction’s gift-card or stored-value law. The cash-redemption provisions of California Civil Code § 1749.5 do not apply.

7.3 Item durability and expiration

• Toys expire 30 days after first use.
• Beds expire 90 days after first use.
• Seasonal accessories expire the sooner of 30 days after acquisition or 15 days after the end of the relevant holiday month.
• Champion-tier show wardrobe items can only be obtained by winning competitions and cannot be purchased.
• Competition entry fees paid in Pom Coins are non-refundable once a competition is entered.

7.4 Starter bundle and Season Pass

The one-time virtual-item starter bundle is a non-consumable IAP licensed under Section 7.2. The Fluffpuffy Cove Season Pass is licensed using in-game Pom Coins (not real money) and unlocks premium mystery episodes for the duration disclosed at the point of redemption.

7.5 Apple is your seller

All in-app purchases are processed by Apple. Apple is the merchant of record. Refunds are handled by Apple via reportaproblem.apple.com. TRP does not store your payment information.

7.6 No randomized-reward / loot-box mechanics

Pomagotchi does not currently include paid randomized-reward mechanics within the meaning of App Review Guideline 3.1.1. If any future mechanic introduces paid randomized rewards, we will disclose the odds at the point of purchase as required by Apple.

8. The Fluff Society Subscription (Auto-Renewable)

This Section is a conspicuous, standalone disclosure of all material subscription terms, presented in compliance with App Review Guideline 3.1.2, ROSCA (15 U.S.C. § 8401 et seq.), and California Business & Professions Code §§ 17600-17606 as amended by AB 2863 (effective 1 July 2025). The same disclosure appears on the in-app paywall directly above the purchase button.

Subscription title	The Fluff Society
Length / billing period	One (1) month, billed monthly
Price per period	The price displayed by Apple at the point of purchase, in your local currency (subject to Apple’s price tiers)
What you get (ongoing value)	Daily grant of approximately 2 Pom Coins (~60 per month); exclusive Royal Dancheong Trading Card theme; three exclusive Photo Booth scenes (Royal Palace, Sakura Temple, Northern Lights); shareable Membership Card
Auto-renewal	Your subscription renews automatically each month at the then-current price until you cancel. Your Apple Account is charged for renewal within 24 hours before the end of each period.
Cancellation window	You can cancel at any time. To avoid the next renewal, cancel at least 24 hours before the current period ends.
How to cancel (click-to-cancel)	Tap Settings → Manage Subscription inside Pomagotchi, which deep-links to Apple’s subscription manager. You may also go to iPhone Settings → [your name] → Subscriptions.
Unused portion	Apple’s policy: any unused portion of a free trial period (if offered) is forfeited when you purchase a subscription.
Price changes	If we change the price, Apple will obtain your re-consent through the StoreKit price-consent flow before the new price takes effect, with at least 7 business days’ advance notice.
Annual renewal reminder	We will surface an in-app reminder on or around each anniversary of your subscription, restating the price, renewal cadence, and how to cancel.
Links	Terms of Use · Privacy Policy

Express affirmative consent. Your tap on the “Subscribe — Auto-Renews Monthly” button on the paywall is your express affirmative consent to the auto-renewal, separate from any other consent. We retain a record of that consent for at least three (3) years.

Restore Purchases. A “Restore Purchases” control is available in Settings to re-link prior purchases on the same Apple Account.

9. Free Trials and Introductory Pricing

If Pomagotchi offers a free trial or introductory price for The Fluff Society, the offer’s duration, the price after the offer ends, and the auto-renewal terms will be displayed clearly and conspicuously on the paywall. If you do not want to be charged after a free trial, you must cancel at least 24 hours before the trial ends.

10. Promotional and Offer Codes

From time to time we may distribute promotional codes or offer codes redeemable through Apple. These codes are subject to Apple’s then-current rules for promotional and offer codes, including any expiration, redemption limits, and eligibility conditions Apple sets. Codes have no cash value, cannot be combined unless we say so, and can be revoked if obtained or used in violation of these Terms.

11. EU/EEA/UK Right of Withdrawal

If you are a consumer in the EU/EEA, the UK, or another jurisdiction granting a statutory right of withdrawal for digital content, that right is handled by Apple at the App Store flow. To request withdrawal or a refund, use reportaproblem.apple.com or contact Apple Support. Nothing in these Terms is intended to grant or deny any statutory withdrawal right that you have against Apple as your retailer.

12. Virtual Pet and Game Data

• Local-first storage. Pomagotchi stores your gameplay data on your device by default.
• iCloud Key-Value sync is on by default and can be turned off in Settings. When on, your save data may sync across your Apple devices via your private iCloud account. TRP cannot read this data.
• GameSave (iOS 26+) preserves a copy of your save in Apple’s GameSave service.
• CloudKit anonymous analytics uses a per-install random identifier with no PII and 13-month retention; you can opt out in Settings.
• CloudKit private feedback container is used only when you initiate a support request.
• Letting a pet go is permanent. Once you “release” or “let go” of a pet, that pet’s data is deleted irreversibly.
• Pom Stasis lets you preserve up to three (3) pets for later retrieval through GameSave.
• You are responsible for your backups. While we use Apple’s frameworks to make backup and sync as reliable as possible, we cannot guarantee against data loss caused by device failure, OS issues, account changes, or your disabling of sync features.

13. Dog Show Competitions

Dog shows in Pomagotchi feature simulated AI judging across four tiers; judges’ scoring reflects your pet’s stat state and your in-show choices. Outcomes are determined by the App’s logic and any procedural variation built into it. Competition entry fees in Pom Coins are non-refundable once a competition has been entered. Champion-tier wardrobe items can be earned only through competition wins and are never sold for Pom Coins or real money.

14. Augmented Reality, Camera, and Microphone Ethics

Pomagotchi uses the camera for Teleport AR, hand-gesture recognition, and on-device Apple Vision processing. Pomagotchi uses the microphone for optional Sound Reactions (off by default). All such processing happens on your device; raw camera and microphone data are not transmitted to TRP.

You agree to use AR camera and microphone features lawfully and respectfully: do not record other people without their consent, do not use AR or Sound Reactions to harass or surveil any person, do not capture content depicting minors except your own children with appropriate permission, and comply with all local wiretap, two-party-consent, and image-rights laws.

15. Paper Pom — User-Composed Letters

Paper Pom is a letter-composition tool. The App composes a letter by selecting from TRP’s curated library of Pomeranian-voiced drafts and substituting your typed text into the letter as you typed it.

• Letters are shared out of the App via the iOS Share Sheet to apps you choose (Messages, Mail, social platforms). TRP never receives a copy of your letter and does not host or distribute it.
• A local, on-device record of the letters you have sent is retained on your device so you can revisit them.
• Stationery designs, holiday-themed art, character marks, and the curated draft corpus are owned by TRP and licensed to you solely for personal use. You may not extract, scrape, redistribute, or commercialize the library.
• You retain rights to the text you yourself type into a letter. By using Paper Pom you grant TRP only the limited, royalty-free, on-device license necessary to assemble and render your letter.
• You are responsible for your letters. You agree not to compose Paper Pom letters that are unlawful, defamatory, harassing, threatening, hateful, sexual, or that infringe a third party’s rights. You agree to indemnify TRP (narrowly) for third-party claims arising from your letters, your violation of these Terms, or your violation of third-party rights — excluding any matter caused by TRP’s own negligence or willful misconduct (see Section 25).

16. Bluetooth Nearby Friends (Forward-Looking Disclosure)

Pomagotchi includes engineering for a forthcoming Nearby Friends experience using Bluetooth Low Energy peer-to-peer encounters. This experience is currently feature-flagged off and may not be active in your build; this Section provides advance notice for when it ships.

• Optional, off by default. You will be asked to opt in before any Bluetooth activity begins.
• No servers. Encounters happen directly between nearby devices; TRP operates no matchmaking server.
• Payload exchanged: pet display name, variant, level, current mood tag, and a rotating ephemeral peer identifier.
• Never exchanged: your Apple ID, real name, contacts, location, IP address, or any personally identifying information.
• Rate limits: 6-hour per-peer cooldown, 8-encounter daily cap. A Pom Pack auto-forms at three Pack-tier peers.
• Reset. “Reset Pom’s Social Identity” in Settings rotates your ephemeral peer ID and clears all friendship/pack records.

17. Apple Watch Companion

The Apple Watch companion is a separate experience rendered in a SNES-era pixel-art “alternate universe” style, syncing pet status from the iPhone via the Watch Connectivity framework. It reads (read-only) step count from HealthKit on the watch to compute walk bonuses. It is governed by these same Terms.

18. Acceptable Use

You agree that you will not:

• attempt to hack, exploit, modify, decompile, or reverse-engineer the App or its data files;
• use cheats, bots, trainers, memory editors, modified clients, or any automated means to interact with the App;
• scrape, harvest, or otherwise extract App content or data for use outside the App or to train any machine-learning system;
• impersonate another person or misrepresent your identity to TRP or other users;
• use the camera, microphone, AR, or any other feature to violate another person’s privacy or applicable law;
• use AI features in any manner prohibited by Apple’s Foundation Models Acceptable Use Requirements (Section 6.5); or
• otherwise use the App in violation of these Terms, applicable law, or the rights of any third party.

19. Anti-Cheat Reservation

TRP reserves the right to take reasonable, proportionate action against confirmed cheating, exploitation, or manipulation of progression, currency, leaderboards, or competition outcomes — including rolling back inflated balances, removing illegitimate items, resetting leaderboards, or, in egregious cases, suspending access to online features such as Game Center and Nearby Friends. We will not silently delete your paid-for items.

20. Server Dependencies and Graceful Degradation

Pomagotchi uses no proprietary TRP servers. The App depends on Apple-operated services including iCloud, CloudKit, GameSave, Game Center, WeatherKit, Apple Push Notifications, App Store/StoreKit, and Apple Intelligence Foundation Models. If any of these is unavailable, the corresponding features may be degraded or temporarily unavailable; offline-capable features continue to work locally. TRP is not responsible for downtime of Apple services.

21. Sunset / Discontinuation

If TRP decides to discontinue Pomagotchi or to materially reduce its features, we will provide at least ninety (90) days’ advance notice by in-app banner, by email if you have provided one, and on the public Terms page. During the notice period we will, where technically feasible, provide a means to export your local save data or otherwise preserve your progress. The 90-day notice does not apply to discontinuations or feature reductions required by law, by Apple, by safety concerns, or by force majeure (Section 39).

22. Maintenance and Support

TRP, not Apple, is responsible for any maintenance and support services for the App. You may contact us at thomasraypublishing@gmail.com.

23. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APP, ALL VIRTUAL ITEMS, ALL AI-GENERATED CONTENT, AND ALL SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. TRP DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

Statutory rights carve-out. Nothing in this Section excludes, restricts, or modifies any non-waivable statutory right you have as a consumer, including without limitation:

• in the United Kingdom, your rights under the Consumer Rights Act 2015 to digital content of satisfactory quality, fit for purpose, and as described;
• in the European Union and EEA, your rights under Directive (EU) 2019/770 on contracts for the supply of digital content, the Consumer Rights Directive 2011/83/EU, and the Unfair Contract Terms Directive 93/13/EEC;
• in Australia, your rights under the Australian Consumer Law; and
• equivalent non-waivable consumer rights under the law of your habitual residence.

24. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TRP and its officers, employees, contractors, and licensors will not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages, or for lost profits, lost revenue, lost goodwill, lost data, or business interruption, arising out of or relating to these Terms or the App, even if advised of the possibility of such damages and even if a remedy fails of its essential purpose.

Aggregate cap. TRP’s total aggregate liability arising out of or relating to these Terms or the App, regardless of theory of liability, will not exceed the greater of (a) one hundred US dollars (US$100) or (b) the total amount you actually paid to TRP through the App in the twelve (12) months immediately preceding the event giving rise to the claim.

Carve-outs. Nothing in this Section limits or excludes liability for: death or personal injury caused by TRP’s negligence; fraud or fraudulent misrepresentation; gross negligence or willful misconduct; infringement by TRP of your intellectual-property rights; or any liability that cannot lawfully be limited or excluded under the consumer-protection law of your habitual residence (including without limitation the UK Consumer Rights Act 2015, the EU Unfair Contract Terms Directive, and the EU Directive (EU) 2019/770).

25. Indemnification

To the extent permitted by applicable law, you agree to indemnify, defend, and hold harmless TRP and its officers, employees, and contractors from and against any third-party claims, demands, losses, liabilities, damages, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to: (a) content you compose, transmit, or share through the App, including Paper Pom letters; (b) your violation of these Terms; or (c) your violation of any third-party right, including any intellectual-property, publicity, or privacy right. This indemnity does not apply to any matter to the extent caused by TRP’s own negligence, willful misconduct, or breach of these Terms.

26. Product Claims

TRP, not Apple, is responsible for addressing any claims you or any third party may have relating to the App or your possession and/or use of the App, including: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; (iii) claims arising under consumer protection, privacy, or similar legislation; and (iv) claims relating to AI features.

27. Intellectual Property Claims

In the event of any third-party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights, TRP, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim, to the extent required by these Terms.

28. Trademarks

“Pomagotchi,” “The Fluff Society,” “Paper Pom,” “Fluffpedia,” “Fluffpuffy Cove,” “Pom Stasis,” “Pom Pack,” “Royal Dancheong,” and the Pomagotchi character marks are common-law trademarks of Thomas Ray Publishing LLC. TRP reserves the right to apply for federal and international registration. “Pomagotchi” is currently subject to internal review with respect to potential conflict with Bandai’s “Tamagotchi” mark; nothing in these Terms is an admission or denial regarding that review. Other names, logos, and marks are the property of their respective owners and are used for identification only.

29. Reporting Concerns; DMCA and DSA Notices

TRP hosts very little user content (Paper Pom letters never reach our servers; the Apple-operated services we use are governed by Apple’s policies). If you believe content associated with Pomagotchi infringes your intellectual-property rights or is otherwise unlawful under the law of your country, please email thomasraypublishing@gmail.com with: your name and contact details; a description of the content or behavior at issue; the basis for your concern (IP infringement, illegality, etc.); the URL or in-app location, if any; and (for DMCA copyright notices) a statement of good-faith belief that the use is not authorized, a statement under penalty of perjury that the information is accurate and that you are authorized to act, and your electronic or physical signature.

EU Digital Services Act. As a micro-enterprise under Recommendation 2003/361/EC, TRP qualifies for the DSA’s micro/small-enterprise exemptions (Arts. 19, 29) from most online-platform obligations. The single point of contact for EU users, EU Member State authorities, the European Commission, and the European Board for Digital Services is Sean Dryden, thomasraypublishing@gmail.com, accepting communications in English. The same address serves as our notice-and-action contact under Article 16 for any user who believes content associated with the App is illegal under EU or Member State law.

30. Third-Party Services and Apple Frameworks

Pomagotchi relies on the following Apple-operated services and frameworks: App Store / StoreKit / In-App Purchase, Apple Intelligence Foundation Models framework, CloudKit, iCloud Key-Value Storage, GameSave (iOS 26+), Game Center, WeatherKit, Apple Push Notifications (local notifications only — no third-party push servers), HealthKit (on watchOS, read-only step count), Vision, ARKit, Core Location, Core Motion, Core Bluetooth, PhotosUI / PhotosPicker, Photo Library (add-only), App Intents, Spotlight, Siri Shortcuts, Watch Connectivity, Live Activities, and standard system frameworks. No third-party SDKs are used.

Location, mapping, and weather data flow-down (Apple Developer Program License Agreement Schedule 2 § 3.3). Some features of Pomagotchi use Apple-provided location data, mapping data, and weather data. You acknowledge that this data is provided strictly “as is” and “as available” for the limited purpose of generating ambient in-game context. You agree not to rely on any such data in any situation where precise or accurate location, navigation, routing, or weather information is critical to life, safety, evacuation, medical decisions, search-and-rescue, or property protection. TRP and Apple disclaim all liability for any inaccurate, incomplete, delayed, or unavailable location, mapping, or weather data. For those purposes, use Apple Maps or another dedicated navigation app, a dedicated weather app, and appropriate emergency services.

31. Anonymous Analytics

Pomagotchi uses CloudKit anonymous analytics with a per-install random deduplication identifier, no PII, and a 13-month retention period as set out in our Privacy Policy v1.2. You can opt out of analytics in Settings → Privacy → Anonymous Analytics.

32. Children, Mixed-Audience Posture, and Design Codes

Pomagotchi is intentionally mixed-audience. TRP applies child-appropriate defaults to every user: no third-party advertising, no third-party SDKs, no behavioral profiling, no targeted advertising, no sale of personal data, no use of personal data for AI training, and minimal data collection.

We treat the App as “likely to be accessed by children” within the meaning of the California Age-Appropriate Design Code Act and the UK Age Appropriate Design Code. Parents and guardians: see Section 3 for guidance on Apple’s Family Sharing, Screen Time, and “Ask to Buy” controls.

33. Accessibility Commitment

TRP designs Pomagotchi to be usable by people with a wide range of abilities. We commit to the Web Content Accessibility Guidelines (WCAG) 2.2 Level AA as a target across user-facing text content and to using Apple’s native accessibility frameworks — including VoiceOver, Dynamic Type, Reduce Motion, Increase Contrast, Reduce Transparency, Voice Control, and Switch Control — wherever feasible. To report accessibility issues or request accommodations, email thomasraypublishing@gmail.com with “Accessibility” in the subject line.

34. Changes to These Terms

We may update these Terms from time to time. Material changes (such as changes to fees, dispute terms, data uses, or your rights) will trigger an in-app re-acceptance prompt on next launch after the change takes effect. Non-material changes (typos, clarifications, contact updates, broken-link fixes) will be reflected in the Version History at the end of this document and announced in-app.

35. Termination

Your right. You may stop using and delete the App at any time. Deleting the App from your device deletes your local data; your iCloud-synced data follows Apple’s iCloud retention practices.

TRP’s right. We may suspend or terminate your access to online features for material breach of these Terms, including confirmed cheating, attempts to harm other users, or unlawful conduct. We will give you reasonable notice and an opportunity to cure where the breach is curable, except where immediate action is necessary.

Survival. Sections 6.4 (no AI training), 7.2 (no real-world value; license not sale; not a gift card), 23-27 (warranty, liability, indemnity, IP), 28 (trademarks), 38 (governing law), and 41 (severability, entire agreement) survive termination.

36. Apple Third-Party Beneficiary

You and TRP acknowledge that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms, and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.

37. Export Compliance and U.S. Government End Users

You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You agree to comply with all applicable U.S. and foreign export-control and re-export laws and regulations.

38. Governing Law; Venue; Consumer Carve-Outs

These Terms are governed by the laws of the State of Nevada, USA, without regard to its conflict-of-laws principles. The United Nations Convention on Contracts for the International Sale of Goods is excluded. Subject to the consumer carve-outs below, the exclusive venue for any dispute is the state or federal courts located in Clark County, Nevada, and you and TRP consent to personal jurisdiction there.

Consumer carve-outs. If you are a consumer habitually resident in the European Union, the European Economic Area, the United Kingdom, Switzerland, Norway, or Iceland, nothing in this Section deprives you of the protection of the mandatory rules of the law of your country of habitual residence, including with respect to jurisdiction and applicable law.

No class waiver; no arbitration. These Terms do not require arbitration of disputes and do not waive class actions. You retain all judicial remedies available under applicable law.

39. Force Majeure

Neither party will be liable for any failure or delay in performance to the extent caused by circumstances beyond its reasonable control, including acts of God, natural disasters, pandemics, war, terrorism, civil unrest, governmental action, labor disputes, internet or telecommunications outages, third-party platform outages (including Apple-operated services), and supply-chain failures.

40. Notices

From TRP to you. We may give notice by in-app banner, in-app message, push or local notification, the email address (if any) you provide for support, or by posting on the App Store listing or on thomasraypublishing.com/pomagotchi/.

From you to TRP. Notices to TRP must be in English, sent by email to thomasraypublishing@gmail.com, with a copy by postal mail (if legally required) to Thomas Ray Publishing LLC, c/o InCorp Services, Inc., 2360 Corporate Circle, Suite 400, Henderson, NV 89074-7722, USA.

41. General

• Severability. If any provision of these Terms is held unenforceable, the remaining provisions remain in effect, and the unenforceable provision is modified to the minimum extent necessary to make it enforceable while preserving its intent.
• Entire agreement. These Terms and our Privacy Policy constitute the entire agreement between you and TRP regarding the App and supersede any prior agreements.
• No waiver. No failure or delay by TRP in exercising any right under these Terms operates as a waiver of that right.
• Headings. Section headings are for convenience only.
• Assignment. You may not assign or transfer these Terms without our prior written consent. TRP may assign these Terms to an affiliate or to a successor in connection with a merger, acquisition, reorganization, or sale of substantially all assets.
• Relationship. Nothing in these Terms creates an agency, partnership, joint venture, or employment relationship between you and TRP.
• Time limit for claims. Any claim arising out of or relating to these Terms or the App must be filed within one (1) year after the cause of action arises, except where applicable law (including the UK Consumer Rights Act 2015, the EU Directive (EU) 2019/770, and any other non-waivable consumer-protection law of your habitual residence) provides a longer non-waivable limitation period or prohibits contractual shortening of the limitation period.

42. Contact Us

Thomas Ray Publishing LLC
Registered address: InCorp Services, Inc., 2360 Corporate Circle, Suite 400, Henderson, NV 89074-7722, USA
Email: thomasraypublishing@gmail.com
Web: thomasraypublishing.com
Privacy Officer / DSA Single Point of Contact: Sean Dryden (same email)

43. Version History

Version	Effective Date	Notes
1.0	2026-04-15 (approx.)	Initial App Store launch terms.
1.1	2026-05-13	Minor clarifications.
2.0	(not published)	Full restructure to align with TRP Portfolio Standards v1.1: added Berman first-launch clickwrap; added Apple Foundation Models Acceptable Use Requirements compliance; added EU AI Act Article 50 transparency posture; added CA AB 2863-compliant Fluff Society disclosure block with express affirmative consent; added 90-day sunset clause; added Limitation of Liability cap; added UK CRA 2015 and EU consumer statutory-rights carve-outs; added narrow Paper Pom indemnification; added Bluetooth Nearby Friends forward-looking disclosure; added Apple Watch companion disclosure; added DSA single point of contact and notice mechanism; added accessibility commitment to WCAG 2.2 AA; added “no AI training on user content” commitment; added explicit no-third-party-AI disclaimer; added plain-language Terms at a Glance summary; replaced “continued use = acceptance” with re-acceptance prompt on material changes; added 13+ age statement per Apple DPLA; refreshed promotional/offer-code language; updated server-dependencies and graceful-degradation disclosure.
2.1	(not published)	Targeted compliance refinements: clarified that Pom Coins and Gems are not gift certificates or stored value under California Civil Code § 1749.5 / SB 22 (Section 7.2); strengthened “license not sale” framing for California AB 2426 compliance (Section 7.2); extended AI labeling explicitly to AI-generated Photo Booth scenes and Trading Card backgrounds with machine-readable provenance preservation (Section 6.2); added user-facing “Report problematic AI output” affordance (new Section 6.7); added MapKit/WeatherKit/location data critical-use flow-down disclaimer per Apple DPLA Schedule 2 § 3.3 (Section 30); added implementation notes for shop-button label audit (AB 2426) and per-AI-message Report control (Apple HIG).
2.2	May 16, 2026	Targeted compliance refinements based on second-pass counsel-style review: raised the Limitation of Liability cap floor from US$50 to US$100 to align with consumer-software market standard for indie consumer apps (Section 24); added a one-year contractual limitation period for claims with explicit non-waivable consumer-law carve-outs covering the UK Consumer Rights Act 2015 and EU Directive (EU) 2019/770 (Section 41); added implementation notes to surface a condensed plain-English Terms summary on the App Store description footer and on the public support webpage (Implementation Notes M).

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