Terms of Service

Effective Date: June 16, 2026

These Terms of Service ("Terms") apply to your access to and use of PoseVibe AI (the "App"), provided by KIM PHU HOLDINGS COMPANY LIMITED ("we," "us," or "our"), a company based in Vietnam.

By accessing or using the App, you agree to these Terms. If you do not agree to these Terms, please do not use the App.

If you have any questions about these Terms or the App, please contact us at [email protected].

1. Eligibility

You must be at least 13 years old to use the App.

If you are under the age of legal majority where you live, you may use the App only with the consent and supervision of a parent or legal guardian who agrees to these Terms.

If you are located in the European Economic Area, United Kingdom, or another region with a higher age threshold for online services, you must meet the minimum age required by local law or have appropriate parental or guardian consent.

If you use the App on behalf of another person or organization, you represent that you have authority to accept these Terms on their behalf.

2. The App

PoseVibe AI lets users select existing images from their photo library, choose pose or style templates, generate AI-powered video results, access stored generated results in the App, save results to your device if you choose, and share results through the iOS share sheet.

The App does not support taking a photo directly with the camera for upload. You are responsible for choosing the image you want to use and for making sure you have the rights and permissions needed to upload and use that image in the App.

AI-generated results may vary. We do not guarantee that any generated result will meet your expectations, match a template perfectly, be accurate, be realistic, be suitable for any particular purpose, or be free from visual artifacts, defects, or errors.

3. Account and Account Security

Some features may require login. The App may allow you to sign in using Sign in with Apple or Google Sign-In.

You are responsible for maintaining the security of your device, Apple ID, Google account, and account access. You agree not to share your account access with others or use another person's account without permission.

You must promptly contact us if you believe your account has been accessed without authorization.

4. Privacy

Please review our Privacy Policy for information about how we handle information when you use the App.

The Privacy Policy explains how we handle selected images, generated results, Sign in with Apple and Google Sign-In account information, purchase-related information from Apple, Adjust measurement and attribution data, cloud hosting infrastructure, account deletion, and other privacy-related matters.

5. User Content

"User Content" means images you select for upload and any other content or information you submit through the App.

You retain whatever rights you may have in your User Content. We do not claim ownership of your User Content.

You grant us a limited, non-exclusive, worldwide, royalty-free license to process and transmit your User Content only as necessary to perform the AI generation you request, and to host and display Generated Content within the App so you can access it.

You represent and warrant that:

• You own or have the necessary rights, licenses, permissions, and consents to upload and use your User Content;
• Your User Content does not violate any applicable law or regulation;
• Your User Content does not infringe or violate the rights of any person or third party, including privacy, publicity, copyright, trademark, or other intellectual property rights; and
• Your use of the App and User Content complies with these Terms.

As described in our Privacy Policy, the original image you upload is deleted immediately after generation is completed. Generated results are stored so you can access them in the App until you delete them or delete your account.

6. Generated Content

"Generated Content" means videos generated through the App based on your selected image and selected template.

Subject to your compliance with these Terms, we grant you a non-exclusive, worldwide, royalty-free license to use, download, save, and share Generated Content for your personal and lawful purposes.

The legal status and protectability of AI-generated content may vary by jurisdiction and may depend on how the content is created and used. We do not make any representation that you own copyright or other intellectual property rights in Generated Content. You are responsible for determining whether your use of Generated Content is permitted under applicable law and whether any additional permissions are required.

You are responsible for how you use and share Generated Content, including when sharing to Instagram, Twitter/X, or any other destination through the iOS share sheet. Third-party platforms may apply their own terms and policies to content you share with them.

7. Credits and In-App Purchases

The App allows users to purchase credits through Apple in-app purchases. Credits can be used for AI generation features inside the App.

All purchases are processed by Apple through the App Store. Apple's payment terms, refund rules, and App Store policies apply to your purchases. We do not receive your payment card number, bank account details, or full billing information.

Credits:

• Are a limited, revocable right to access certain App features;
• Have no cash value;
• Are not legal tender, currency, property, stored value, or a financial product;
• Cannot be sold, transferred, exchanged, or redeemed for money or anything outside the App;
• May be consumed when you submit an AI generation request, including when the generated result does not meet your expectations; and
• May be lost if your account is deleted, suspended, or terminated, subject to applicable law and Apple policies.

Except where required by applicable law or Apple policy, purchases are final and non-refundable. To request a refund for an App Store purchase, you must use Apple's refund process.

We may change credit packages, prices, promotions, or the number of credits required for generation features from time to time. Any changes will not affect credits already consumed.

8. Prohibited Conduct and Content

You agree not to use the App to:

• Violate any law, regulation, court order, contract, or third-party right;
• Upload or generate content that is illegal, harmful, abusive, harassing, defamatory, hateful, discriminatory, sexually exploitative, or otherwise objectionable;
• Upload images of another person without any required consent or legal right;
• Impersonate another person or misrepresent your identity or affiliation;
• Infringe copyright, trademark, privacy, publicity, or other rights;
• Create or share deceptive, misleading, fraudulent, or harmful content;
• Harass, exploit, shame, threaten, or harm any person;
• Interfere with or disrupt the App, servers, networks, or security features;
• Attempt to bypass usage limits, payment requirements, account restrictions, or security controls;
• Use automated systems, bots, scraping, or other unauthorized methods to access the App;
• Develop or use unauthorized third-party applications that interact with the App;
• Reverse engineer, decompile, disassemble, copy, extract, or misuse the App, templates, AI systems, models, algorithms, source code, or generated assets; or
• Use the App in a way that could damage, disable, overburden, or impair our services.

We may remove content, restrict features, suspend accounts, or terminate access if we reasonably believe these Terms have been violated.

9. Our Intellectual Property

The App, including its software, interface, designs, templates, models, systems, features, logos, trademarks, text, graphics, and other materials, is owned by us or our licensors and is protected by intellectual property and other laws.

These Terms grant you a limited, non-exclusive, non-transferable, revocable license to use the App for your own personal use in accordance with these Terms and applicable Apple App Store rules.

These Terms do not grant you any rights in the App except for the limited right to use the App in accordance with these Terms.

You may not remove, alter, or conceal any copyright, trademark, service mark, or other proprietary rights notice included in or with the App.

10. Feedback

If you provide comments, ideas, suggestions, or other feedback about the App, you agree that we may use that feedback for any purpose without restriction or compensation to you. Feedback is provided voluntarily and is not confidential.

11. Copyright and Other Rights Complaints

If you believe content in the App infringes your copyright, privacy, publicity, trademark, or other rights, please contact us at [email protected] and provide enough information for us to review your request.

We may remove or restrict access to content or accounts when we reasonably believe they violate these Terms, applicable law, or third-party rights.

12. Third-Party Services and Sharing

The App uses Apple services for Sign in with Apple and Apple in-app purchases. If you use those features, Apple's terms and policies apply.

The App may use Google services for Google Sign-In. If you use Google Sign-In, Google's terms and policies apply.

The App uses Adjust SDK for app measurement, attribution, performance analytics, and general usage trend analysis. Adjust's terms and privacy policy may apply to its processing of information.

If you choose to save a generated video to your device or share it using the iOS share sheet, the video may be handled by Apple and by the destination app or service you select, such as Instagram or Twitter/X. The App does not integrate Instagram or Twitter/X SDKs. We do not control third-party apps, platforms, services, or policies.

13. Service Availability and Changes

We may update, modify, suspend, or discontinue the App or any part of it at any time. We do not guarantee that the App will always be available, uninterrupted, secure, or error-free.

We may also change templates, generation features, credit requirements, supported sharing options, or other App functionality from time to time.

We are not responsible for any loss or harm related to your inability to access or use the App, except where liability cannot be excluded under applicable law.

14. Termination

You may delete your account using the in-app deletion feature or by contacting us at [email protected].

Account deletion will remove your account information and generated results from active systems, subject to legal, fraud-prevention, purchase-record, and accounting retention requirements. Unused credits may be forfeited when your account is deleted, suspended, or terminated, subject to applicable law and Apple policies.

We may suspend or terminate your access to the App if:

• You violate these Terms;
• Your use creates risk or potential legal exposure for us, other users, or third parties;
• We are required to do so by law, legal process, or Apple policy;
• We discontinue the App or any material part of it; or
• Your account or activity appears fraudulent, abusive, or harmful.

Sections that by their nature should survive termination will continue to apply, including sections on intellectual property, user responsibilities, credits, disclaimers, limitation of liability, indemnity, dispute resolution, and governing law.

15. Electronic Communications

By using the App, you agree that we may send you service-related communications electronically, including notices, updates, security alerts, support messages, and information about changes to these Terms.

Electronic communications may be provided in the App, through your account, by email, through device notifications where enabled, or by other reasonable electronic means.

16. Disclaimers

The App and all Generated Content are provided on an "as is" and "as available" basis.

To the maximum extent permitted by applicable law, we disclaim all warranties, whether express, implied, or statutory, including warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, availability, and reliability.

We do not warrant that:

• The App will be uninterrupted, secure, or error-free;
• AI generation will produce any particular result;
• Generated Content will be accurate, realistic, appropriate, or suitable for your intended use;
• Defects or errors will be corrected; or
• The App or servers will be free of harmful components.

You use the App and Generated Content at your own discretion and risk.

17. Limitation of Liability

To the maximum extent permitted by applicable law, KIM PHU HOLDINGS COMPANY LIMITED and its owners, directors, officers, employees, contractors, agents, service providers, and licensors will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including loss of profits, data, goodwill, use, or other intangible losses, arising from or related to your use of or inability to use the App.

To the maximum extent permitted by applicable law, our total liability for any claim arising from or related to the App or these Terms will not exceed the greater of:

• The amount you paid through the App in the three months before the event giving rise to the claim; or
• USD $50.

Some jurisdictions do not allow certain exclusions or limitations of liability. In those jurisdictions, the limitations above apply only to the extent permitted by law.

18. Indemnification

To the extent permitted by applicable law, you agree to defend, indemnify, and hold harmless KIM PHU HOLDINGS COMPANY LIMITED and its owners, directors, officers, employees, contractors, agents, service providers, and licensors from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising from or related to:

• Your use of the App;
• Your User Content or Generated Content;
• Your violation of these Terms;
• Your violation of applicable law; or
• Your violation of any third-party rights.

19. Additional Terms for iOS Devices

The following terms apply if you download, access, or use the App on an iOS device or through the Apple App Store.

These Terms are between you and us, not Apple. Apple is not responsible for the App or its content.

The license granted to you is limited to a non-transferable license to use the App on Apple-branded products that you own or control, as permitted by the Apple Media Services Terms and Usage Rules.

Apple has no obligation to provide maintenance or support services for the App.

If the App fails to conform to any applicable warranty, you may notify Apple, and Apple may refund the purchase price, if any, for the App as required by Apple policy and applicable law. To the maximum extent permitted by law, Apple has no other warranty obligation with respect to the App.

We, not Apple, are responsible for addressing claims relating to the App or your possession and use of the App, including product liability claims, legal or regulatory claims, and consumer protection claims, except where Apple is responsible under applicable law.

If a third party claims that the App or your possession and use of the App infringes that third party's intellectual property rights, we, not Apple, are responsible for investigating, defending, settling, or discharging the claim to the extent required by these Terms and applicable law.

You represent and warrant that you are not located in a country or region subject to a U.S. government embargo or designated by the U.S. government as a terrorist-supporting country, and that you are not listed on any U.S. government list of prohibited or restricted parties.

Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce these Terms against you as third-party beneficiaries.

20. Export and International Use

You agree to comply with all applicable export control, sanctions, and trade laws and regulations when using the App.

Although the App may be accessible from different countries or regions, we make no representation that the App or Generated Content is appropriate or available for use in every location. You are responsible for complying with local laws where you access or use the App.

21. Governing Law and Dispute Resolution

These Terms are governed by the laws of Vietnam, without regard to conflict-of-law rules, except where the laws of your country or region require otherwise.

Before filing a formal claim, you agree to contact us at [email protected] and try to resolve the dispute informally. We will also try to resolve disputes informally when practical.

If a dispute cannot be resolved informally, it will be handled by the competent courts or authorities under applicable law, unless mandatory consumer protection laws in your location provide you with additional rights or require a different venue.

22. Changes to These Terms

We may update these Terms from time to time. If we make material changes, we will update the effective date above and may provide additional notice in the App where required by law.

Your continued use of the App after updated Terms become effective means you accept the updated Terms. If you do not agree to the updated Terms, you must stop using the App.

23. Severability

If any provision or part of a provision of these Terms is found to be unlawful, void, or unenforceable, that provision or part will be enforced to the maximum extent permitted by law, and the remaining provisions will remain in full force and effect.

24. Entire Agreement

These Terms, together with any additional terms presented in the App and our Privacy Policy, constitute the entire agreement between you and us regarding your use of the App.

Our failure to enforce any provision of these Terms is not a waiver of our right to do so later.

25. Contact Us

If you have questions, requests, complaints, or claims about these Terms or the App, please contact us at:

KIM PHU HOLDINGS COMPANY LIMITED
Email: [email protected]