Terms & Conditions - PopsicleAI

1. Acceptance of Terms

These Terms and Conditions ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and Popsicle AI ("we," "us," "our," or "Company"), governing your access to and use of the Popsicle AI platform, website, applications, and services (collectively, the "Service") accessible at usepopsicle.com and its subdomains.

By creating an account, accessing, or using the Service in any manner, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to all the terms and conditions of this agreement, you must not access or use the Service.

If you are using the Service on behalf of a company, organization, or other legal entity ("Entity"), you represent and warrant that you have the authority to bind that Entity to these Terms, in which case "you" refers to both you as an individual and the Entity you represent.

2. Description of Service

Popsicle AI provides an AI-powered design generation platform that enables users to create designs, mockups, and visual content through natural language prompts and AI-assisted tools. The Service includes:

AI-powered design generation tools
Design editing and customization capabilities
Export to Figma functionality
Design sharing capabilities
Template libraries (Coming Soon)

We reserve the right to modify, suspend, or discontinue any part of the Service at any time, with or without notice. We will not be liable to you or any third party for any modification, suspension, or discontinuation of the Service.

3. Eligibility and Account Registration

3.1 Eligibility

You must be at least 16 years of age (or the age of legal majority in your jurisdiction) to use the Service. By using the Service, you represent and warrant that you meet these eligibility requirements and have the legal capacity to enter into this agreement.

3.2 Account Registration

To access certain features of the Service, you must register for an account. You agree to:

Provide accurate, current, and complete information during registration
Maintain and promptly update your account information to keep it accurate
Secure your account credentials and not share them with any third party
Notify us immediately of any unauthorized access or security breach
Accept responsibility for all activities that occur under your account

We reserve the right to suspend or terminate accounts that contain false information, are inactive for extended periods, or violate these Terms.

4. Subscription Plans and Payment

4.1 Subscription Tiers

We offer various subscription plans with different features and usage limits. Current plans and pricing are available on our pricing section. We reserve the right to change pricing with advance notice for existing subscribers.

4.2 Payment Terms

All fees are exclusive of taxes, which you are responsible for paying
Payments are processed through secure third-party payment processors
Subscription fees are billed in advance on a monthly basis
Failure to pay may result in suspension or termination of your account

4.3 Refunds and Cancellations

Subscription fees are non-refundable unless required by applicable law. You may cancel your subscription at any time through your account settings or by contacting support. Cancellation will take effect at the end of the current billing period. We do not provide refunds for partial months or unused portions of your subscription.

In exceptional circumstances, such as service unavailability for extended periods due to our fault, we may provide credits or refunds at our sole discretion.

5. Acceptable Use Policy

5.1 Prohibited Activities

You agree not to use the Service for any purpose that is illegal or prohibited by these Terms. Specifically, you may not:

Generate, upload, or share content that is illegal, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable
Create content that infringes on intellectual property rights, including copyrights, trademarks, or trade secrets of any third party
Generate content depicting minors in sexual or exploitative contexts, or any content that violates child protection laws
Create deceptive or misleading content intended to defraud, mislead, or manipulate others, including deepfakes for malicious purposes
Attempt to reverse engineer, decompile, or disassemble any part of the Service
Use automated systems, bots, or scrapers to access or extract data from the Service
Circumvent usage limits, rate restrictions, or security measures
Use the Service to develop competing products or services
Share account credentials or allow multiple users to access a single individual account
Interfere with or disrupt the integrity or performance of the Service

5.2 Content Moderation

We reserve the right, but not the obligation, to review, monitor, or remove any content generated through or uploaded to the Service. We may suspend or terminate accounts found to be generating prohibited content. You acknowledge that AI-generated outputs may sometimes produce unexpected or inappropriate results, and you are responsible for reviewing and ensuring the appropriateness of any content you create, publish, or distribute.

6. Intellectual Property Rights

6.1 Your Content

You retain all ownership rights to the text prompts, images, and other materials you input into the Service ("User Inputs"). Subject to your compliance with these Terms, we assign to you all rights, title, and interest in and to the AI-generated outputs created specifically for you through the Service ("Generated Content"), to the extent permitted by applicable law.

6.2 License to Popsicle AI

By using the Service, you grant us a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, modify, adapt, publish, and display your User Inputs and Generated Content solely for the purposes of:

Providing and improving the Service
Training, fine-tuning, and improving our AI models
Complying with legal obligations
Preventing abuse and enforcing our Terms

We will not publicly display or distribute your specific User Inputs or Generated Content without your consent, except as necessary to provide the Service or as required by law.

6.3 Our Intellectual Property

The Service, including all software, algorithms, user interfaces, designs, logos, trademarks, and content provided by us (excluding User Inputs and Generated Content), is owned by Popsicle AI and its licensors and is protected by copyright, trademark, patent, and other intellectual property laws. These Terms do not grant you any right, title, or interest in our intellectual property.

You may not use our trademarks, logos, or brand elements without our prior written consent. Any feedback you provide regarding the Service may be used by us without restriction or compensation to you.

6.4 AI-Generated Content Disclaimer

AI-generated content may resemble existing copyrighted works. You are responsible for ensuring that your use of Generated Content does not infringe third-party rights. We make no representations that Generated Content is free from third-party intellectual property claims. You should seek legal advice if you intend to use Generated Content for commercial purposes.

7. No Professional Advice

The Service and all AI-generated outputs are provided for informational and creative purposes only. Nothing produced by the Service constitutes professional design advice, legal advice, financial advice, medical advice, or any other form of professional guidance.

You should not rely on AI-generated outputs as a substitute for professional judgment. You are solely responsible for evaluating the accuracy, completeness, and suitability of any content generated through the Service before using it for any purpose, including commercial use.

We expressly disclaim any liability for decisions made or actions taken based on AI-generated outputs.

8. Third-Party Services

The Service relies on third-party services, including but not limited to AI model providers (via OpenRouter), cloud infrastructure providers, payment processors, and authentication services. We do not control these third-party services and are not responsible for their availability, accuracy, performance, or security.

You acknowledge and agree that:

Third-party services may experience downtime, errors, or changes that affect the Service
We are not liable for any loss or damage caused by third-party service failures or changes
Third-party services are subject to their own terms of service and privacy policies
We may change third-party service providers at any time without notice

Your use of the Service constitutes acceptance of the risks associated with third-party service dependencies.

9. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

Implied warranties of merchantability, fitness for a particular purpose, and non-infringement
Warranties that the Service will be uninterrupted, timely, secure, or error-free
Warranties regarding the accuracy, reliability, or quality of any content or information obtained through the Service
Warranties that AI-generated outputs will meet your specific requirements or expectations
Warranties that any errors in the Service will be corrected

AI technology is inherently probabilistic and may produce unexpected, inaccurate, or inappropriate outputs. You acknowledge that you use the Service and rely on any generated content at your own risk.

10. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL POPSICLE 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
Cost of procurement of substitute goods or services
Any damages resulting from unauthorized access to or alteration of your transmissions or data
Any damages resulting from reliance on AI-generated outputs
Any damages arising from copyright or trademark infringement claims related to Generated Content

OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID TO US IN THE 3 MONTHS PRECEDING THE CLAIM, OR (B) FIFTY US DOLLARS ($50).

THE FOREGOING LIMITATIONS SHALL APPLY REGARDLESS OF WHETHER WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

11. Indemnification

You agree to indemnify, defend, and hold harmless Popsicle AI and its officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from or relating to:

Your use of the Service
Any content you generate, upload, or share through the Service
Your violation of these Terms
Your violation of any rights of another party, including intellectual property rights
Any claim that Generated Content infringes third-party intellectual property rights

We reserve the right to assume the exclusive defense and control of any matter subject to indemnification, and you agree to cooperate with our defense of such claims.

12. Data Loss and Backups

You are solely responsible for maintaining backups of your User Inputs, Generated Content, and any other data associated with your account. We do not guarantee that your data will be preserved, and we are not liable for any loss, corruption, or destruction of data, whether caused by system failures, security breaches, account termination, or any other reason.

We recommend that you regularly export and back up any content that is important to you.

13. Beta and Experimental Features

From time to time, we may offer beta, preview, or experimental features ("Beta Features"). Beta Features are provided "AS IS" and "AS AVAILABLE" without any warranties of any kind. We may modify, suspend, or discontinue Beta Features at any time without notice or liability.

By using Beta Features, you acknowledge that they may contain bugs, errors, or other issues, and you agree that our liability for Beta Features is further limited beyond the general limitations set forth in these Terms.

14. Termination

14.1 Termination by You

You may terminate your account and these Terms at any time by contacting us at support@usepopsicle.com to request account deletion. Upon termination, your right to use the Service will immediately cease.

14.2 Termination by Us

We may suspend or terminate your account and access to the Service at any time, with or without notice, for any reason, including but not limited to:

Violation of these Terms or our Acceptable Use Policy
Fraudulent, abusive, or illegal activity
Non-payment of fees
Extended periods of inactivity
Technical or security issues

14.3 Effect of Termination

Upon termination, all licenses and rights granted to you under these Terms will immediately cease. We may delete your account data and content in accordance with our data retention policies. Sections that by their nature should survive termination (including but not limited to Intellectual Property, Disclaimer of Warranties, Limitation of Liability, and Indemnification) shall survive.

15. Force Majeure

We shall not be liable for any failure or delay in performing our obligations under these Terms where such failure or delay results from events beyond our reasonable control, including but not limited to: natural disasters, pandemics, wars, terrorism, riots, government actions, power failures, internet or telecommunications failures, cyberattacks, third-party service provider outages (including AI model providers, cloud hosting, and payment processors), labor disputes, or any other force majeure event. During such events, our obligations under these Terms shall be suspended for the duration of the event.

16. Compliance with Local Laws

You are solely responsible for ensuring that your use of the Service, including any content you generate, upload, or distribute, complies with all applicable laws, regulations, and industry standards in your jurisdiction. We make no representation that the Service or Generated Content is appropriate or available for use in any particular jurisdiction. If you access the Service from outside India, you do so at your own risk and are responsible for compliance with local laws.

17. Governing Law and Dispute Resolution

17.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of India, without regard to its conflict of law provisions. Any legal action or proceeding arising under these Terms will be brought exclusively in the courts located in Rajahmundry, Andhra Pradesh, India.

17.2 Dispute Resolution

Before initiating any formal legal proceedings, you agree to contact us to attempt to resolve any dispute informally. We will make good faith efforts to resolve disputes through informal negotiation.

17.3 Class Action Waiver

TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT ANY PROCEEDINGS, WHETHER IN ARBITRATION OR COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. YOU WAIVE ANY RIGHT TO PARTICIPATE IN CLASS ACTIONS.

18. Changes to Terms

We reserve the right to modify or replace these Terms at any time at our sole discretion. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect by posting on our website.

What constitutes a material change will be determined at our sole discretion. By continuing to access or use the Service after any revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new terms, you must stop using the Service.

19. General Provisions

19.1 Entire Agreement

These Terms, together with our Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and Popsicle AI regarding the Service and supersede all prior or contemporaneous agreements, communications, and proposals.

19.2 Severability

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

19.3 No Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Popsicle AI.

19.4 Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. We may assign or transfer these Terms without restriction. Any attempted assignment in violation of this provision is void.

19.5 Relationship of Parties

Nothing in these Terms shall be construed to create a partnership, joint venture, employment, or agency relationship between you and Popsicle AI. Neither party has the authority to bind the other or to incur any obligation on behalf of the other.

19.6 Notices

We may provide notices to you via the email address associated with your account. You agree that such notices shall be deemed effective upon sending. Notices to us must be sent to support@usepopsicle.com and shall be deemed effective upon receipt.

20. Contact Information

If you have any questions about these Terms, please contact us:

Support: support@usepopsicle.com
Address: Popsicle Technologies Private Limited, Rajahmundry, Andhra Pradesh, India.