Terms of Service

Welcome to Popgift.ai ("Popgift," "we," "us," or "our"). These Terms of Service ("Terms") govern your access to and use of our website, applications, and services (collectively, the "Service").

By accessing or using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Service. We may update these Terms from time to time, and your continued use of the Service after any changes constitutes acceptance of those changes.

Please read these Terms carefully before using the Service. These Terms contain important information about your legal rights, remedies, and obligations.

To use the Service, you must:

• Be at least 18 years of age or the age of majority in your jurisdiction, whichever is greater;
• Have the legal capacity to enter into a binding agreement;
• Have access to a valid payment method accepted by our payment processor (Stripe) for any paid features;
• Not be prohibited from using the Service under applicable law.

By using the Service, you represent and warrant that you meet all eligibility requirements. If you are using the Service on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

To access certain features of the Service, you may need to create an account. When you create an account, you agree to:

• Provide accurate, current, and complete information during registration;
• Maintain and promptly update your account information to keep it accurate and current;
• Maintain the security and confidentiality of your login credentials;
• Accept responsibility for all activities that occur under your account;
• Notify us immediately if you suspect unauthorized use of your account.

You are solely responsible for any activity on your account, whether or not you authorized that activity. We are not liable for any loss or damage arising from unauthorized use of your account.

Popgift.ai is an AI-powered gift creation platform that enables users to create personalized digital gifts. Our Service currently offers the following gift types:

• Photo Cards — personalized digital greeting cards with custom photos, messages, and designs;
• Songs — AI-generated custom songs with personalized lyrics, selectable voice, vocal style, and tempo;
• Videos — AI-generated personalized video messages.

Completed gifts are delivered via unique shareable links that can be sent to recipients through any messaging platform. We may add, modify, or discontinue gift types or features at any time without prior notice.

The Service relies on third-party AI models and infrastructure. While we strive to maintain high availability, we do not guarantee uninterrupted or error-free operation of the Service.

Certain features of the Service require payment. All payments are processed securely through Stripe, our third-party payment processor. By making a purchase, you agree to Stripe's terms of service in addition to these Terms.

Prices for our products are displayed at checkout and are subject to change without prior notice. All prices are listed in US dollars unless otherwise stated. You are responsible for any applicable taxes.

Refund Policy: Because our products are digital goods generated on demand, all sales are generally final. However, we may issue refunds at our discretion in the following circumstances:

• A technical error prevented your gift from being generated or delivered;
• The generated content is substantially different from what was reasonably expected based on your inputs;
• You were charged in error or charged multiple times for the same order;
• Other circumstances where a refund is warranted in our reasonable judgment.

To request a refund, please contact us at support@popgift.ai within 14 days of your purchase, including your order details and the reason for your request.

You may upload, submit, or provide content to the Service, including photos, text, messages, and other materials ("User Content"). You retain all ownership rights in your User Content.

By submitting User Content to the Service, you grant us a non-exclusive, worldwide, royalty-free, sublicensable license to use, reproduce, process, adapt, display, and transmit your User Content solely for the purposes of:

• Operating and providing the Service;
• Generating your requested gifts;
• Displaying your gifts to you and your intended recipients;
• Improving and developing the Service.

This license continues for as long as your User Content remains on the Service. You may delete your User Content at any time, and we will make commercially reasonable efforts to remove it from our systems, subject to backup retention and legal requirements.

You represent and warrant that you have all necessary rights to submit your User Content and that it does not infringe or violate any third party's rights, including intellectual property rights and privacy rights.

The Service uses artificial intelligence models to generate content such as songs, videos, and design elements ("AI-Generated Content"). You acknowledge and agree that:

• AI-Generated Content is created algorithmically and results may vary. We do not guarantee specific outcomes, quality levels, or that the output will precisely match your expectations;
• AI models may occasionally produce unexpected, inaccurate, or unsuitable results. You are responsible for reviewing AI-Generated Content before sharing it with recipients;
• We do not guarantee that AI-Generated Content is unique or that similar content has not been or will not be generated for other users.

License for AI-Generated Content: Subject to these Terms, we grant you a non-exclusive, worldwide, royalty-free license to use AI-Generated Content created through your account for personal and gift-giving purposes. This includes sharing the content with your intended recipients and keeping it for personal use.

You may not use AI-Generated Content for commercial purposes, resale, or redistribution beyond personal gift-giving without our prior written consent.

You agree not to use the Service to:

• Violate any applicable law, regulation, or third-party rights;
• Upload or transmit content that is unlawful, harmful, threatening, abusive, harassing, defamatory, obscene, or otherwise objectionable;
• Upload content depicting minors without the consent of their parent or legal guardian;
• Create gifts intended to harass, intimidate, threaten, or harm any person;
• Impersonate any person or entity, or falsely represent your affiliation with a person or entity;
• Attempt to reverse-engineer, decompile, or disassemble any part of the Service;
• Use automated systems (bots, scrapers, crawlers) to access the Service without our prior written permission;
• Circumvent, disable, or interfere with any security features of the Service;
• Use the Service to generate content that infringes copyrights, trademarks, or other intellectual property rights;
• Resell, redistribute, or commercially exploit the Service or any content generated through it without authorization;
• Transmit viruses, malware, or other harmful code through the Service.

We reserve the right to suspend or terminate your access to the Service, without notice or refund, if we determine that you have violated any of these prohibited uses.

The Service, including its original content, features, functionality, design, and underlying technology, is owned by Popgift.ai and is protected by copyright, trademark, trade secret, and other intellectual property laws.

The Popgift.ai name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Popgift.ai. You may not use these marks without our prior written permission.

Nothing in these Terms grants you any right, title, or interest in the Service or our intellectual property, except for the limited licenses expressly granted in these Terms.

If you believe that your intellectual property rights have been infringed by content on the Service, please contact us at support@popgift.ai with a detailed description of the alleged infringement.

Disclaimer of Warranties: The Service is provided on an "AS IS" and "AS AVAILABLE" basis, without warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance.

We do not warrant that the Service will be uninterrupted, secure, error-free, or that any defects will be corrected. We do not warrant the accuracy, reliability, or completeness of any content provided through the Service, including AI-Generated Content.

Limitation of Liability: To the maximum extent permitted by applicable law, in no event shall Popgift.ai, its directors, employees, partners, agents, suppliers, or affiliates be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation loss of profits, data, use, goodwill, or other intangible losses, resulting from:

• Your access to, use of, or inability to access or use the Service;
• Any conduct or content of any third party on the Service;
• Any content obtained from the Service, including AI-Generated Content;
• Unauthorized access, use, or alteration of your transmissions or content.

In no event shall our total aggregate liability to you for all claims arising out of or relating to these Terms or the Service exceed the total amount you have paid to us in the twelve (12) months immediately preceding the event giving rise to the claim, or fifty US dollars ($50), whichever is greater.

We may suspend or terminate your account and access to the Service at any time, with or without cause, and with or without notice. Reasons for termination may include, but are not limited to, violation of these Terms, fraudulent activity, or extended periods of inactivity.

You may terminate your account at any time by contacting us at support@popgift.ai. Upon termination, your right to use the Service will immediately cease.

Upon termination, we may delete your account data, User Content, and AI-Generated Content. Gift links previously shared with recipients may become inaccessible. We are not obligated to maintain or provide any content from your account after termination.

The following sections of these Terms shall survive termination: User Content (license provisions), Intellectual Property, Limitation of Liability, Governing Law, and any other provisions that by their nature should survive.

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

Any dispute arising out of or relating to these Terms or the Service shall be resolved exclusively in the state or federal courts located in New York County, New York. You consent to the personal jurisdiction of such courts and waive any objection to venue in such courts.

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of that right or provision.

We reserve the right to modify or replace these Terms at any time at our sole discretion. If we make material changes, we will notify you by posting the updated Terms on the Service and updating the "Last Updated" date.

Your continued use of the Service after any changes to these Terms constitutes acceptance of those changes. If you do not agree to the revised Terms, you must stop using the Service.

We encourage you to review these Terms periodically to stay informed about our terms and conditions.

If you have any questions, concerns, or requests regarding these Terms of Service, please contact us at:

Email: support@popgift.ai

We will make reasonable efforts to respond to your inquiry in a timely manner.

This document was drafted with the assistance of AI and has not been reviewed by a licensed attorney. It is provided for informational purposes only and does not constitute legal advice. We recommend consulting with a qualified legal professional to ensure your rights and obligations are fully understood. Popgift.ai makes no representations or warranties regarding the legal sufficiency or enforceability of these Terms.