Legal

Terms of Service & End User License Agreement

PoCap is a product of CyberForge Software Co. ("CyberForge", "we", "us", or "our"), a company established in the State of Kuwait. These Terms of Service and End User License Agreement (together, the "Terms") are a binding agreement between you and CyberForge, as the owner and operator of PoCap, governing your use of the PoCap mobile application and related services (together, the "Service").

By creating an account, purchasing credits, or otherwise using the Service, you accept these Terms. If you do not agree, do not use the Service.

1. Eligibility

• You must be legally capable of entering into a binding contract under the laws of the State of Kuwait to accept these Terms.
• If you are under 18, you may use the Service only with the consent and supervision of a parent or legal guardian who agrees to these Terms on your behalf.
• The Service is not available to children under 13.

2. Your account

• You must provide accurate information when creating your account and keep it up to date.
• You are responsible for keeping your sign-in credentials confidential and for all activity under your account.
• Notify us promptly if you suspect unauthorised use of your account.

3. The Service

PoCap lets you capture a photo, choose a style, and receive an AI-processed portrait. You understand and agree that:

• Results are generated by automated processing and may vary. We do not guarantee that any particular result will meet your expectations.
• Where a style is intended for official documents (for example ID, passport, or visa photos), you are responsible for confirming that the final photo meets the requirements of the issuing authority before using it. We do not guarantee acceptance by any authority.
• We may add, change, or remove styles and features at any time.

4. Credits and payments

• Processing a photo consumes credits. Credit prices and the credit cost of each style are shown in the app before you commit.
• Credits are purchased through the billing system of the marketplace from which you downloaded the app. We do not collect or store your payment card details.
• Credits have no cash value, are not transferable, and cannot be exchanged for money.
• If a processing job fails through no fault of yours, the credits consumed by that job are automatically returned to your balance.
• Except as described above or as required by applicable law or the marketplace's own refund policy, purchases are final and non-refundable.
• We may change credit pricing at any time. Changes do not affect credits you have already purchased.

5. Acceptable use

You agree that you will not:

• Upload photos of another person without that person's consent.
• Use the Service to create content that is unlawful, defamatory, fraudulent, or that violates the laws of the State of Kuwait, including Law No. 63 of 2015 on Combating Information Technology Crimes, or that offends public order or morals.
• Use any result to impersonate another person, falsify an identity, or mislead any government authority, employer, or other party.
• Upload content that infringes intellectual property rights or privacy rights of others.
• Interfere with, disrupt, probe, or attempt to gain unauthorised access to the Service or its systems.
• Use the Service to develop a competing product, or scrape, harvest, or bulk-extract content from the Service.

We may suspend or terminate accounts that violate this section.

6. Your content

• You retain ownership of the photos you capture and, as between you and us, the portraits generated for you.
• You grant us a limited, non-exclusive license to host and process your photos solely to operate the Service and deliver your results. This license ends when you delete the content or your account, except where retention is required by law.
• You are solely responsible for the photos you upload and for how you use the results.
• We do not use your photos to train artificial intelligence models or for advertising.

7. License to use the app (EULA)

• We grant you a personal, limited, non-exclusive, non-transferable, revocable license to install and use the app on devices you own or control, solely for your personal, non-commercial use and in accordance with these Terms and the usage rules of the marketplace from which you obtained the app.
• You may not copy, modify, distribute, sell, lease, sublicense, reverse engineer, decompile, or attempt to extract the source code of the app, except to the extent such restriction is prohibited by applicable law.
• The app, including its design, branding, styles, software, and all related intellectual property, belongs to CyberForge or its licensors. No rights are granted to you other than the limited license above.
• This license terminates automatically if you breach these Terms.

8. Marketplace terms

The app is distributed through third-party application marketplaces operated by Apple Inc. and Google LLC. The following applies to the extent required by those marketplaces:

• These Terms are between you and CyberForge only, not with the marketplace operator. The marketplace operator is not responsible for the app or its content.
• The marketplace operator has no obligation to provide maintenance or support for the app.
• If the app fails to conform to an applicable warranty, you may notify the marketplace operator and it may refund the purchase price of the app (if any) to the extent its policies provide. To the maximum extent permitted by law, the marketplace operator has no other warranty obligation with respect to the app.
• The marketplace operator is not responsible for addressing any claims relating to the app, including product liability claims, claims that the app fails to conform to legal or regulatory requirements, and consumer protection claims.
• In case of any third-party claim that the app infringes intellectual property rights, CyberForge, not the marketplace operator, is responsible for the defence and settlement of such claim to the extent required by these Terms.
• You represent that you are not located in a country subject to a relevant government embargo and that you are not on any applicable list of prohibited or restricted parties.
• You must comply with applicable third-party terms of agreement when using the app, including your wireless data service agreement.
• Apple Inc. and its subsidiaries are third-party beneficiaries of the license in section 7 with respect to copies of the app obtained through Apple's marketplace, and may enforce it against you.

9. Privacy

Our collection and use of personal data is described in the Privacy Policy, which forms part of these Terms.

10. Disclaimers

The Service is provided "as is" and "as available". To the maximum extent permitted by the laws of the State of Kuwait, we disclaim all warranties, express or implied, including fitness for a particular purpose and non-infringement. We do not warrant that the Service will be uninterrupted, error-free, or that any result will be acceptable for any specific official or professional use.

11. Limitation of liability

To the maximum extent permitted by applicable law, CyberForge will not be liable for any indirect, incidental, special, or consequential damages, or for loss of profits, data, or goodwill, arising from your use of the Service. Our total aggregate liability for any claim arising out of or relating to the Service will not exceed the amount you paid us through the Service in the six months preceding the event giving rise to the claim. Nothing in these Terms excludes liability that cannot be excluded under the laws of the State of Kuwait.

12. Indemnity

You agree to indemnify and hold CyberForge harmless from claims, damages, and expenses (including reasonable legal fees) arising from your breach of these Terms, your content, or your misuse of the Service.

13. Termination

• You may stop using the Service and delete your account at any time from within the app.
• We may suspend or terminate your access if you breach these Terms, if required by law, or if we discontinue the Service. Where reasonably possible we will give you prior notice.
• Upon termination, your license to use the app ends and sections that by their nature should survive (including sections 6, 10, 11, 12, and 15) will survive.

14. Changes to these Terms

We may update these Terms from time to time. If we make material changes, we will notify you in the app or by other reasonable means before the change takes effect. Your continued use of the Service after the change takes effect constitutes acceptance of the updated Terms.

15. Governing law and jurisdiction

These Terms are governed by the laws of the State of Kuwait. Any dispute arising out of or relating to these Terms or the Service is subject to the exclusive jurisdiction of the competent courts of the State of Kuwait, without prejudice to any mandatory consumer protections available to you in your country of residence.

16. Contact us

CyberForge Software Co.
State of Kuwait
Email: [email protected]