Terms of Service

Last Updated: February 26, 2026
Effective Date: February 26, 2026

1. Acceptance of Terms

By accessing or using POMWELL, you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the Service.

POMWELL is owned and operated by the POMWELL development team. These Terms constitute a legally binding agreement between you and POMWELL governing your use of the application and related services.

2. Description of Service

POMWELL is a personal wellness application designed to help users track and understand their mental and physical well-being through:

• Daily mood, energy, and sleep tracking
• Journaling with AI-assisted pattern insights
• Integration with Apple HealthKit for health data correlation
• Task planning and goal setting
• Guided reflection and reset tools (breathwork, cognitive reframing)
• Voice-based reflection interactions

2A. Public Research Tools

POMWELL offers free, publicly accessible well-being assessments (currently the WHO-5 Well-Being Check-In) that do not require an account. By completing a public survey, you agree that:

• Your anonymous responses may be used in aggregate for research into well-being patterns and culturally specific mental health experiences
• These surveys are informational tools for self-reflection and are not diagnostic instruments, clinical assessments, or substitutes for professional evaluation
• Survey results are generated algorithmically and should not be interpreted as medical or psychological advice
• POMWELL's own presentation, scoring interpretation and surrounding content are its intellectual property. The WHO-5 Well-Being Index itself is a published instrument of the World Health Organization and is not claimed by POMWELL
• Anonymous survey data is stored in isolated collections with no personally identifiable information unless you optionally provide your email address

3. Eligibility

To use POMWELL, you must:

• Be at least 13 years of age
• Have the legal capacity to enter into a binding agreement
• Not be barred from using the Service under applicable law
• If under 18, have parental or guardian consent

4. Account Registration

4.1 Account Creation

To access certain features of POMWELL, you must create an account. You agree to:

• Provide accurate and complete registration information
• Maintain the security of your account credentials
• Promptly update your information if it changes
• Accept responsibility for all activities under your account

4.2 Account Security

You are responsible for maintaining the confidentiality of your login credentials. Notify us immediately if you suspect unauthorized access to your account.

5. User Content

5.1 Your Content

You retain ownership of all content you submit to POMWELL, including journal entries, notes, and personal data ("User Content"). By using the Service, you grant POMWELL a limited license to:

• Store and process your User Content to provide the Service
• Analyze your User Content using AI to generate personalized insights
• Display your User Content back to you within the app

This license is solely for operating and improving the Service and does not grant us the right to sell, share, or use your User Content for advertising purposes.

5.2 Content Restrictions

You agree NOT to submit content that:

• Violates any applicable law or regulation
• Infringes on intellectual property rights of others
• Contains viruses, malware, or harmful code
• Attempts to gain unauthorized access to our systems

6. AI-Generated Content

6.1 Nature of AI Insights

POMWELL uses artificial intelligence to analyze your data and provide insights. You understand that:

• AI-generated content is based on patterns and should not be considered professional advice
• AI insights may not always be accurate or applicable to your situation
• You should use your own judgment when acting on AI suggestions
• AI responses are not a substitute for professional mental health care

6.2 Limitations

The AI features in POMWELL are designed to support general wellness, not to diagnose or treat medical or mental health conditions. We make no guarantees about the accuracy, completeness, or usefulness of AI-generated content.

7. Health Data Integration

If you choose to connect POMWELL to Apple HealthKit or Google Health Connect:

• POMWELL will only read health data you explicitly authorize
• POMWELL will never write data to your health platform without your explicit action
• Health data is used solely to provide integrated wellness insights
• You can revoke access at any time through your device settings

Health data is handled in accordance with Apple's HealthKit guidelines, Google's Health Connect policies, and our Privacy Policy.

8. Acceptable Use

You agree to use POMWELL only for lawful purposes. You shall NOT:

• Use the Service to harm, harass, or deceive others
• Attempt to reverse engineer, decompile, or disassemble the app
• Use automated systems to access the Service without permission
• Interfere with or disrupt the Service or servers
• Circumvent any security measures or access restrictions
• Use the Service to collect data about other users
• Resell, license, or commercially exploit the Service

9. Intellectual Property

9.1 POMWELL Ownership

All intellectual property rights in the Service, including but not limited to the software, design, logos, and content created by POMWELL, are owned by us or our licensors. These Terms do not grant you any rights to our intellectual property except the limited right to use the Service as described herein.

9.2 Feedback

If you provide feedback, suggestions, or ideas about the Service, you grant us the right to use this feedback without any obligation to you.

10. Third-Party Services

POMWELL integrates with third-party services including:

• Google Firebase: For authentication and data storage
• Google Vertex AI (Gemini): For AI analysis of journals and generation of wellness insights
• Hume AI: For voice emotion analysis and vocal biomarker detection
• OpenAI: For real-time voice coaching and conversation features
• Apple HealthKit / Google Health Connect: For health data integration

Your use of these third-party services is subject to their respective terms and privacy policies. We are not responsible for the practices of third-party services.

11. Fees and Future Services

11.1 Current Service

POMWELL is currently provided free of charge. All features available in the app are accessible without payment.

11.2 Future Changes

If we introduce any optional features requiring payment in the future, they will be offered exclusively through the Apple App Store or Google Play Store in-app purchase systems. You will be clearly notified of any changes before they apply. No existing features will be removed or restricted without prior notice.

12. Disclaimers

12.1 "As Is" Service

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

12.2 No Medical Warranty

WE DO NOT WARRANT THAT THE SERVICE WILL MEET YOUR HEALTH OR WELLNESS GOALS, THAT AI INSIGHTS WILL BE ACCURATE OR HELPFUL, OR THAT THE SERVICE WILL BE ERROR-FREE OR UNINTERRUPTED.

12.3 Health-Related Disclaimer

POMWELL IS NOT INTENDED TO DIAGNOSE, TREAT, CURE, OR PREVENT ANY DISEASE OR HEALTH CONDITION. THE SERVICE IS NOT A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, POMWELL AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR:

• Any indirect, incidental, special, consequential, or punitive damages
• Any loss of profits, data, use, or goodwill
• Any damages arising from your use of or inability to use the Service
• Any damages arising from unauthorized access to your data
• Any health outcomes or decisions based on information from the Service

OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID FOR THE SERVICE IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR $100, WHICHEVER IS GREATER.

14. Indemnification

You agree to indemnify, defend, and hold harmless POMWELL and its affiliates from any claims, damages, losses, or expenses (including reasonable attorneys' fees) arising from:

• Your use of the Service
• Your violation of these Terms
• Your violation of any rights of another party
• Your User Content

15. Termination

15.1 By You

You may stop using POMWELL at any time. You may delete your account through the app settings or by contacting us.

15.2 By Us

We may suspend or terminate your access to the Service at any time, with or without cause, with or without notice. Reasons for termination may include:

• Violation of these Terms
• Conduct that we believe is harmful to other users or the Service
• Extended periods of inactivity
• Requests from law enforcement or government agencies

15.3 Effect of Termination

Upon termination, your right to use the Service ceases immediately. Provisions that by their nature should survive termination will survive, including ownership, disclaimers, and limitations of liability.

16. Dispute Resolution

16.1 Informal Resolution

Before filing any legal claim, you agree to attempt to resolve disputes informally by contacting us. We will work in good faith to resolve any issues within 30 days.

16.2 Arbitration

If informal resolution fails, any disputes will be resolved through binding arbitration rather than court, except that you may assert claims in small claims court if eligible.

16.3 Class Action Waiver

YOU AGREE THAT ANY DISPUTE RESOLUTION WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.

17. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law provisions.

18. Changes to Terms

We reserve the right to modify these Terms at any time. We will provide notice of significant changes through the app or via email. Your continued use of the Service after changes take effect constitutes acceptance of the modified Terms.

19. Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

20. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and POMWELL regarding the Service and supersede all prior agreements.

21. Contact Information

For questions about these Terms, please contact us:

• Email: legal@pomwell.app
• Subject Line: Terms of Service Inquiry

22. Crisis Resources

If you or someone you know is in crisis, please reach out to professional help:

• National Suicide Prevention Lifeline: 988 (US)
• Crisis Text Line: Text HOME to 741741
• Emergency Services: 911
• International Association for Suicide Prevention: iasp.info/resources/Crisis_Centres