TERMS OF USE

These Terms of Use (the “Terms”) govern access to and use of the website ponchii.com, any subdomains thereof (the “Website”), and any related services, applications, content, and features provided through the Website (collectively, the “Services”).

The Website and Services are operated by Ponchii OÜ, registry code 17359414, Harju maakond, Tallinn, Kesklinna linnaosa, Tornimäe tn 5, 10145, Estonia (hereinafter referred to as the “Company,” “we,” “us,” or “our”).

By accessing or using the Services, you (“User,” “you”) agree to be bound by these Terms without modification. If you do not agree, you must not access or use the Services.

1. Scope of the Services

The Company provides a software-as-a-service platform that enables users to:

• create fictional projects and stories (including but not limited to manga, comics, novels, films, and other creative media),
• publish such content,
• offer paid subscriptions to other users,
• access and participate in creator communities.

The Company may modify, suspend, or discontinue any part of the Services at any time at its discretion.

Certain Services may be provided by third-party service providers, affiliates, or subcontractors. Where required by law, we will notify users accordingly.

2. Acceptance and Changes to Terms

These Terms affect your legal rights. By continuing to use the Services after changes are posted, you agree to the revised Terms.

We may update these Terms from time to time. Changes become effective upon posting on the Website or upon notification by email or other reasonable means. If you do not agree with the updated Terms, you must stop using the Services.

3. User Accounts

To access certain features, you must create an account.

You agree to:

• provide accurate and complete information,
• keep your login credentials secure,
• be responsible for all activity occurring under your account.

We reserve the right to suspend or terminate accounts that violate these Terms or applicable laws.

4. User Roles

Users may act as:

• Creators – users who upload and publish original content and offer subscriptions;
• Subscribers – users who purchase subscriptions to access creator content;
• or both.

Additional rules applicable to creators and subscriptions are governed by separate policies, including the Creator Copyright & IP Policy and Subscription & Billing Policy, which form an integral part of these Terms.

5. Intellectual Property

5.1 Platform IP

All intellectual property rights in and to the Website, Services, software, design, trademarks, logos, and platform content (excluding User Content) are owned by or licensed to the Company.

You are granted a limited, non-exclusive, non-transferable, revocable license to use the Services solely for their intended purpose.

5.2 User Content Ownership

Creators retain full ownership of all original content they upload or publish through the Services (“User Content”).

Nothing in these Terms transfers ownership of User Content to the Company.

5.3 License to the Company

By uploading or publishing User Content, you grant the Company a non-exclusive, worldwide, royalty-bearing, sublicensable license to host, store, reproduce, display, stream, distribute, and make the User Content available through the Services for the purpose of operating, promoting, and providing the platform.

This license remains in effect for as long as the User Content is hosted on the platform and as necessary to fulfill existing subscriptions.

5.4 License to Subscribers

Subscribers receive a limited, personal, non-exclusive, non-transferable, non-commercial license to access and view User Content through the Services.

Subscribers may not copy, redistribute, resell, download (unless explicitly permitted), or exploit User Content outside the platform.

5.5 Feedback

Any suggestions, ideas, feedback, or commentary you provide regarding the Services (“Feedback”) is non-confidential.

You grant the Company a perpetual, irrevocable right to use such Feedback without compensation, provided this does not apply to User Content.

6. User Conduct

You agree not to:

• upload or distribute unlawful, infringing, defamatory, abusive, or harmful content,
• violate intellectual property or privacy rights of others,
• use automated systems to access the Services without authorization,
• interfere with the security or integrity of the Services.

We reserve the right to remove content and suspend or terminate accounts that violate these rules.

7. Third-Party Content

The Services may include links to or content from third parties. The Company does not control or endorse third-party content and is not responsible for it.

Your interactions with third parties are solely between you and them.

8. Subscriptions and Payments

Subscriptions, billing cycles, cancellations, refunds, and related matters are governed by the Subscription & Billing Policy, which forms part of these Terms.

9. Disclaimer and Limitation of Liability

The Services are provided “as is” and “as available.”

To the maximum extent permitted by law:

• the Company is not responsible for User Content uploaded by creators,
• the Company does not guarantee uninterrupted or error-free operation,
• the Company shall not be liable for indirect, incidental, or consequential damages arising from use of the Services.

Nothing in these Terms limits liability where such limitation is prohibited by applicable law.

10. Termination

We may suspend or terminate your access to the Services at any time for violation of these Terms or applicable laws.

You may stop using the Services and close your account at any time.

Provisions that by their nature should survive termination shall survive.

11. Governing Law and Jurisdiction

These Terms are governed by the laws of the Republic of Estonia, without regard to conflict of law principles.

Mandatory consumer protection laws of your country of residence may still apply.

Any disputes arising from these Terms shall be subject to the jurisdiction of the courts of Estonia, unless mandatory law provides otherwise.

Class or representative actions are waived to the extent permitted by law.

12. Electronic Communications

You consent to receive all communications from us electronically, including notices, agreements, and disclosures.

13. Contact Information

If you have questions regarding these Terms, please contact:

• Email: hello@ponchii.com