EndUser License Agreement (Eula) For Pomjuice 
‍Last Updated: March 26th, 2025 

1. INTRODUCTION

This End User License Agreement (hereinafter referred to as the "Agreement," "EULA," or "License") constitutes a legally binding contract between you (hereinafter referred to as "Licensee," "End User," "you," or "your"), whether an individual user or a business entity, and MiTara Enterprises LLC, a California limited liability company doing business as PomJuice AI (hereinafter referred to as "Licensor," "Company," "we," "us," or "our") governing your use of the PomJuice AI software application, including but not limited to the AI accounting assistant known as Tara, all related services, features, content, updates, and supplemental components (collectively, the "Software").

PLEASE READ THIS AGREEMENT CAREFULLY BEFORE INSTALLING, ACCESSING, OR USING THE SOFTWARE. THIS AGREEMENT CONTAINS IMPORTANT INFORMATION ABOUT YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. BY ACCESSING OR USING THE SOFTWARE, YOU ARE AGREEING TO THESE TERMS AND CONDITIONS AND ACKNOWLEDGING THAT THIS AGREEMENT CONSTITUTES A LEGALLY BINDING CONTRACT BETWEEN YOU AND THE COMPANY.

2. ACCEPTANCE OF TERMS

2.1 Manifestation of Assent

By installing, downloading, accessing, or otherwise using the Software, you expressly acknowledge that you have read, understood, and agree to be legally bound by all terms and conditions set forth in this Agreement, as well as our Privacy Policy (accessible at www.pomjuice.app/privacy), which is incorporated herein by reference. If you do not agree to any of these terms, you are expressly prohibited from downloading, installing, accessing, or using the Software, and you must discontinue any current use immediately.

2.2 Authority to Enter Agreement

If you are accepting this Agreement on behalf of a company, organization, or other legal entity (an "Entity"), you represent and warrant that:

  • You are duly authorized to accept this Agreement on such Entity's behalf and to bind such Entity;
  • Such Entity has full power and authority to enter into this Agreement and perform its obligations hereunder;
  • This Agreement constitutes a legal, valid, and binding obligation of such Entity.

2.3 Age Restriction

You represent and warrant that you are at least eighteen (18) years of age, or the age of legal majority in your jurisdiction, whichever is greater. Persons under such age are expressly prohibited from using the Software.

2.4 Amendments and Modifications

The Licensor reserves the right, in its sole discretion, to amend, modify, or replace this Agreement at any time. The most current version will be posted on the Company's website. If a revision, in the Company's sole discretion, is material, the Company will notify you through the Software or via the email address associated with your account. By continuing to access or use the Software after any revisions become effective, you agree to be bound by the revised Agreement. If you do not agree to the new terms, you must stop using the Software.

3. LICENSE GRANT AND RESTRICTIONS

3.1 License Grant

Subject to your strict compliance with this Agreement and payment of all applicable fees, Licensor hereby grants to you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to install and use the Software solely for your internal business accounting purposes in accordance with the documentation accompanying the Software and the terms of this Agreement.

3.2 Scope of License

This License permits you to:

  • Install and operate the Software on devices owned or controlled by you or your business entity;
  • Create a reasonable number of copies of the Software solely for backup purposes;
  • Use the Software's functionality as described in accompanying documentation;
  • Integrate the Software with authorized third-party applications as permitted within the Software.

3.3 License Restrictions

Except as expressly set forth in this Agreement, you shall not, nor permit any third party to:

  • Copy, modify, translate, adapt, or create derivative works of the Software;
  • Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Software;
  • Rent, lease, lend, sell, redistribute, sublicense, or transfer the Software or any rights therein;
  • Remove, alter, or obscure any proprietary notices (including copyright and trademark notices) from the Software;
  • Use the Software in any manner that could damage, disable, overburden, or impair Licensor's systems or interfere with any other party's use of the Software;
  • Attempt to gain unauthorized access to the Software or its related systems or networks;
  • Use the Software for purposes of competitive analysis, benchmarking, or the development of a competing product or service;
  • Use the Software in any way that violates applicable laws, regulations, or third-party rights; or
  • Exceed any usage limitations or restrictions specified in your subscription plan.

3.4 Reservation of Rights

All rights not expressly granted to you in this Agreement are reserved by Licensor. No additional rights shall be granted by implication, estoppel, or otherwise.

4. ACCOUNT SECURITY AND DATA ACCESS

4.1 Account Registration and Security

To use certain features of the Software, you must create an account. You agree to:

  • Provide accurate, current, and complete information during the registration process;
  • Maintain and promptly update your account information;
  • Keep your account credentials confidential and secure;
  • Promptly notify Licensor of any unauthorized access to or use of your account; and
  • Accept full responsibility for all activities that occur under your account, whether or not authorized by you.

4.2 Data Access Authorization

By using the Software, you expressly authorize and direct the Software to:

  • Access, retrieve, process, and store information from your designated accounting platforms, financial institutions, and other integrated services;
  • Process financial transactions in accordance with your instructions and the Software's functionality;
  • Generate, manage, and store financial documents, reports, and analyses;
  • Interact with your designated financial professionals and service providers as directed by you;
  • Send communications on your behalf to authorized recipients; and
  • Perform all other functions reasonably necessary to provide the services as described in the Software documentation.

4.3 Access Credentials and Third-Party Services

You understand and acknowledge that in order to provide the Software's functionality, you may need to provide access credentials for third-party services (such as accounting software, banking institutions, or financial platforms). You represent and warrant that:

  • You have all necessary rights, permissions, and authority to provide such credentials and authorize such access;
  • Your provision of such credentials and authorization of such access does not violate any applicable laws or agreements to which you are bound; and
  • You will immediately notify us if your right to authorize such access changes or terminates.

4.4 Monitoring and Maintenance

You acknowledge and agree that Licensor may monitor your use of the Software for security, technical, and operational purposes. Licensor reserves the right to temporarily suspend access to the Software for maintenance, updates, or other operational reasons. Licensor will use commercially reasonable efforts to provide advance notice of any scheduled maintenance.

5. AI SERVICES, MODEL USAGE, AND LIMITATIONS

5.1 AI-Powered Functionality and Limitations

The Software incorporates artificial intelligence and machine learning technologies to provide accounting and financial services. You expressly acknowledge and agree that:

  • AI-generated content, including advice, analysis, categorizations, forecasts, and recommendations should be independently reviewed and verified by qualified professionals;
  • The Software is not a substitute for professional accounting, tax, financial, or legal advice, and should not be relied upon as such;
  • The accuracy, completeness, and reliability of AI-generated results depend significantly on the quality, completeness, and accuracy of the data you provide;
  • AI models have inherent limitations and may not account for all factors relevant to your specific situation;
  • AI models may produce unexpected outputs or errors despite our efforts to ensure accuracy; and
  • You bear ultimate responsibility for all financial and accounting decisions made using the Software.

5.2 User Responsibilities and Obligations

In connection with your use of the AI-powered features of the Software, you agree to:

  • Regularly verify the accuracy and appropriateness of all AI-generated content, transactions, and recommendations;
  • Maintain appropriate human oversight and review of all financial decisions and regulatory compliance matters;
  • Promptly report any errors, inconsistencies, or unusual results to Licensor through designated support channels;
  • Provide accurate, complete, and updated information necessary for the Software to function properly;
  • Ensure compliance with all applicable accounting standards, tax regulations, and legal requirements regardless of the Software's output; and
  • Consult with qualified professionals regarding complex or material financial matters.

5.3 AI Model Architecture and Training

You acknowledge and understand that:

  • The Software utilizes both third-party AI models (including but not limited to those developed by OpenAI) and proprietary AI technology developed by PomJuice AI;
  • We continuously develop, train, and improve our AI models to enhance performance, accuracy, and functionality;
  • As part of our service improvement processes, we may use anonymized and aggregated data derived from your use of the Software.

6. DATA PRIVACY AND SECURITY

6.1 Data Processing and Protection

Licensor will process and protect your data in accordance with its Privacy Policy, which is incorporated herein by reference, and all applicable data protection laws.

6.2 Data Rights and Responsibilities

You represent and warrant that:

  • You have all necessary rights, permissions, consents, and authority to share any data you input into or process through the Software;
  • Your collection, provision, and use of such data complies with all applicable laws, including data protection and privacy laws;
  • You have provided all necessary notices and obtained all required consents from any individuals whose personal information may be processed through the Software;
  • You grant Licensor permission to process such data as necessary to provide the Services in accordance with this Agreement and the Privacy Policy.

6.3 Data Security Measures

Licensor implements commercially reasonable technical, administrative, and physical safeguards designed to protect your data from unauthorized access, use, or disclosure. These measures include:

  • Encryption of sensitive data both in transit and at rest;
  • Access controls limiting data access to authorized personnel;
  • Regular security assessments and penetration testing;
  • Employee training on data security and privacy practices;
  • Incident response procedures for potential security events.

You acknowledge that no method of electronic storage or transmission is 100% secure and that Licensor cannot guarantee absolute security.

7. THIRD-PARTY INTEGRATIONS

7.1 Third-Party Services and Platforms

The Software is designed to integrate with various third-party accounting platforms, financial services, and other applications ("Third-Party Services"). With respect to such integrations, you acknowledge and agree that:

  • Use of any Third-Party Service is subject to its respective terms of service, privacy policies, and other applicable terms and conditions, which are separate from this Agreement;
  • Licensor does not control and is not responsible for the availability, accuracy, quality, security, or functionality of any Third-Party Service;
  • Integration capabilities may change, be limited, or become unavailable based on changes made by third-party platform providers;
  • Licensor is not responsible for any loss of data or functionality caused by changes to Third-Party Services;
  • Licensor makes no representations or warranties regarding Third-Party Services; and
  • You are solely responsible for compliance with any terms and conditions applicable to Third-Party Services that you use in connection with the Software.

7.2 Third-Party Licenses

The Software may include or incorporate third-party software components that are subject to separate license terms ("Third-Party Licenses"). Any Third-Party Licenses are provided for your information only, and your use of such third-party components is governed by the terms of such Third-Party Licenses, not this Agreement.

7.3 API Usage and Limitations

When the Software connects to third-party services via application programming interfaces ("APIs"), such connections are subject to:

  • The technical limitations imposed by the API provider;
  • Access, rate, or usage restrictions enforced by the API provider;
  • Changes or deprecations implemented by the API provider; and
  • Terms of service and developer policies established by the API provider.

8. PROHIBITED USES

8.1 Prohibited Activities

You agree not to engage in any of the following prohibited activities in connection with the Software:

  • Using the Software for any purpose that is illegal, fraudulent, deceptive, or unauthorized under applicable law or regulation;
  • Processing financial transactions that involve illegal activities, money laundering, terrorist financing, or other criminal activity;
  • Attempting to bypass, disable, circumvent, or defeat any security feature, access control, or technical limitation of the Software;
  • Reverse engineering, decompiling, disassembling, or otherwise attempting to discover the source code or underlying structure of the Software;
  • Modifying, adapting, translating, or creating derivative works based on the Software or any portion thereof;
  • Sharing your account access credentials with unauthorized users or allowing multiple users to share a single account unless expressly permitted by your subscription plan;
  • Using the Software to process data for individuals or entities for which you lack proper authorization;
  • Using the Software in a manner that imposes an unreasonable or disproportionately large load on our systems or networks;
  • Interfering with or disrupting the integrity or performance of the Software or the data contained therein;
  • Attempting to probe, scan, or test the vulnerability of the Software or any associated system or network;
  • Using any robot, spider, crawler, scraper, or other automated means to access the Software or to extract data from it;
  • Transmitting any viruses, malware, worms, trojan horses, or other harmful code or items to or through the Software; or
  • Engaging in any conduct that restricts or inhibits anyone's use or enjoyment of the Software.

8.2 Compliance with Laws

You agree to use the Software in compliance with all applicable international, federal, state, and local laws, rules, and regulations, including, but not limited to, those relating to:

  • Accounting standards and practices;
  • Tax reporting and payment;
  • Financial record-keeping requirements;
  • Data protection and privacy;
  • Consumer protection; and
  • Anti-money laundering and countering the financing of terrorism.

8.3 Export Control Compliance

The Software may be subject to export control laws and regulations. You agree not to export, re-export, or transfer, directly or indirectly, the Software or any direct product thereof in violation of such laws and regulations.

9. INTELLECTUAL PROPERTY

9.1 Ownership Rights

The Software, including but not limited to all content, features, functionality, user interfaces, visual interfaces, graphics, design, compilation, computer code, architecture, structure, algorithms, machine learning models, databases, and all intellectual property rights therein, is and shall remain the exclusive property of Licensor and its licensors. The Software is protected by copyright, trademark, patent, trade secret, and other intellectual property laws of the United States and foreign countries. Nothing in this Agreement shall be construed as granting you any right, title, or interest in or to the Software or any intellectual property rights relating thereto, except for the limited license expressly set forth herein.

9.2 Feedback and Suggestions

If you provide Licensor with any suggestions, comments, or feedback regarding the Software ("Feedback"), you hereby grant Licensor a perpetual, irrevocable, worldwide, royalty-free, fully paid-up, transferable, sublicensable (through multiple tiers) license to use, reproduce, modify, create derivative works of, distribute, publicly perform, publicly display, and otherwise exploit such Feedback for any purpose without restriction. You represent and warrant that you have all rights necessary to provide the Feedback and that the Feedback does not infringe upon any third-party intellectual property or other rights.

9.3 Restrictions

You shall not, and shall not permit any third party to:

  • Copy, modify, or create derivative works of the Software or any component thereof;
  • Remove, alter, or obscure any proprietary notices, labels, or marks from the Software;
  • Use any Licensor trademarks, service marks, or trade names in any manner without Licensor's prior written consent;

10. DISCLAIMER OF WARRANTIES

10.1 "AS IS" Provision

THE SOFTWARE IS PROVIDED "AS IS," "WITH ALL FAULTS," AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND...

10.2 Specific Disclaimers

  • THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS;
  • THE SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE...
  • ANY INFORMATION OR RESULTS OBTAINED THROUGH THE SOFTWARE WILL BE ACCURATE...

10.3 Professional Advice Disclaimer

THE SOFTWARE IS NOT INTENDED TO PROVIDE ACCOUNTING, TAX, LEGAL, OR FINANCIAL ADVICE...

10.4 Jurisdictional Limitations

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES...

11. LIMITATION OF LIABILITY

11.1 Limitation of Types of Damages

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LICENSOR...

11.2 Cap on Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF LICENSOR...

11.3 Essential Purpose

THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS...

11.4 Jurisdictional Limitations

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION...

12. TERM AND TERMINATION

12.1 Term

This Agreement is effective as of the date you first access...

12.2 Termination by You

You may terminate this Agreement by ceasing all use of the Software...

12.3 Termination by Licensor

  • You breach any material term or condition of this Agreement;
  • You fail to pay any required fees or charges associated...
  • You become insolvent, file for bankruptcy, or become subject...

13. INDEMNIFICATION

13.1 Your Indemnification Obligations

You agree to indemnify, defend, and hold harmless Licensor...

13.2 Defense and Control

Licensor reserves the right, at your expense, to assume...

14. GOVERNING LAW AND DISPUTE RESOLUTION

14.1 Governing Law

This Agreement and all matters arising out of or relating...

14.2 Dispute Resolution

Any legal suit, action, or proceeding arising out of or related...

14.3 Waiver of Jury Trial

YOU HEREBY IRREVOCABLY WAIVE ANY AND ALL RIGHT TO TRIAL...

15. GENERAL PROVISIONS

15.1 Entire Agreement

This Agreement, together with the Privacy Policy...

15.2 Severability

If any provision of this Agreement is held to be invalid...

16. CONTACT INFORMATION

If you have any questions about this Agreement, please contact:

MiTara Enterprises LLC, DBA PomJuice AI
6064 Kerry Rd.
Rohnert Park, CA 94928
info@pomjuice.app