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Terms of Service

Last Revised on September 5, 2026

Welcome to the Terms of Service (these "Terms") for the website popjoy.app (the "Website") operated on behalf of PopJoy, Inc. ("Company," "we," or "us"). The Website and any content, tools, features, and functionality offered on or through our Website are collectively referred to as the "Services."

These Terms govern your access to and use of the Services. Please read these Terms carefully, as they include important information about your legal rights. By accessing and/or using the Services, you are agreeing to these Terms. If you do not understand or agree to these Terms, please do not use the Services.

For purposes of these Terms, "you" and "your" means you as the user of the Services. If you use the Services on behalf of a company or other entity, then "you" includes you and that entity, and you represent and warrant that (a) you are an authorized representative of the entity with the authority to bind the entity to these Terms, and (b) you agree to these Terms on the entity's behalf.

Your use of the Services is also subject to PopJoy's Community Guidelines, as well as any additional guidelines, policies, or rules that we post on the Services or otherwise make available to you in connection with specific features or offerings. All such guidelines and policies are incorporated into these Terms by reference.

Section 11 contains an arbitration clause and class action waiver. By agreeing to these Terms, you agree (a) to resolve all disputes (with limited exception) related to the Company's Services and/or products through binding individual arbitration, which means that you waive any right to have those disputes decided by a judge or jury, and (b) to waive your right to participate in class actions, class arbitrations, or representative actions, as set forth below. You have the right to opt out of the arbitration clause and the class action waiver as explained in Section 11.

1. Definitions

As used throughout these Terms, the following defined terms have the meanings set forth below:

  • "Beta Offerings" means test, preview, or beta features or products designated as such by the Company and made available through the Services on an experimental basis.
  • "Branded Content" means any of Your Content that features, promotes, discusses, or is created in exchange for something of value in connection with a third-party brand, product, or service, including without limitation paid placements, endorsements, and sponsorships.
  • "Community Guidelines" means PopJoy's community standards and content policies governing user conduct and content on the Services, available at popjoy.app/community-guidelines, as updated from time to time.
  • "Creator Agreement" means the separate agreement governing creator participation in PopJoy's monetization and revenue-sharing programs, available at popjoy.app/creator-agreement, as may be updated from time to time.
  • "Digital Content" means webcomics, illustrated stories, animated sequences, "Pops," character artwork, sound effects, and any other creative or media content made available through the Services, whether created by the Company, creators, or third-party licensors.
  • "Feedback" means any comments, suggestions, ideas, or recommendations you submit to the Company regarding the Services or any improvements thereto.
  • "Minimum Age" means thirteen (13) years of age, or the minimum age required for use of the Services in your jurisdiction of residence if that age is higher than 13.
  • "Minor" means any individual under the legal age of majority in their jurisdiction.
  • "Offerings" means products, services, or other items, including those offered by third parties, that may be purchased or accessed through the Services.
  • "Pops" means PopJoy's proprietary animated story and panel format, comprising sequences of illustrated and/or animated frames created using the Services' creator tools.
  • "Promotional Codes" means promotional codes, referral codes, discount codes, coupon codes, or similar offers that may be redeemed for discounts or other benefits related to the Services.
  • "Representative" means the parent or legal guardian of a Minor user who permits the Minor to use the Services and, where applicable, agrees to these Terms on the Minor's behalf and accepts supervisory responsibility for the Minor's use of the Services.
  • "Services" means the Website and all content, tools, features, and functionality offered on or through it.
  • "Third Party Materials" means content, data, information, applications, or materials from third parties that may be displayed, included, or made available through the Services.
  • "Star Awards" (also called "Stars" or "Token Packs" in some product materials) means purchasable packs of digital Stars that a user may award to a creator or to creator content on the Services to recognize and support that creator's work. Awarding Stars may also unlock certain recognition features on the Services (such as PopStar status or related badges or comments). Creator earnings associated with Star Awards are governed by the Creator Agreement.
  • "Website" means the PopJoy website located at popjoy.app and all associated subdomains and web pages.
  • "Your Content" means any content — including comics, stories, illustrations, animations, Pops, character designs, text, images, audio, and other materials — that you create, post, upload, or submit through the Services.

2. Who May Use the Services

You must be at least the Minimum Age to use the Services. Certain features of the Services — including creator monetization and payouts — may not be available in all countries or regions, as described in Section 6.4 and the Creator Agreement. Minors who are at least the Minimum Age but have not yet reached the age of legal majority in their jurisdiction should use the Services only with the involvement of a parent or legal guardian ("Representative"). Children under the age of 13 are not permitted to use the Services under any circumstances. Where a Representative permits a Minor to use the Services, the Representative agrees to be bound by these Terms on behalf of that Minor and accepts responsibility for ensuring the Minor's use complies with these Terms. We may request evidence of a user's age or a Representative's consent at any time, and we reserve the right to terminate access if any representation proves inaccurate. The Services are not available to any user previously suspended or removed by the Company, or to any person barred from receiving them under applicable United States law or the laws of any other applicable jurisdiction. By using the Services, you represent and warrant that you meet all of these requirements.

3. User Accounts and Future Account Offerings

3.1 Creating and Safeguarding Your Account

To access certain features of the Services, you must create an account ("Account"). You agree to provide us with accurate, complete, and updated information for your Account. You can access, edit, and update your Account via Account Settings. You are solely responsible for any activity on your Account and for maintaining the confidentiality and security of your password. We are not liable for any acts or omissions by you in connection with your Account. You must immediately notify us via our support page or at support@popjoy.app if you know or have any reason to suspect that your Account or password has been stolen, misappropriated, or otherwise compromised, or in the case of any actual or suspected unauthorized use of your Account. You agree not to create any Account if we have previously removed you, or previously banned you from any of our Services, unless we provide written consent otherwise.

3.2 Future Account Offerings

We may in the future offer new subscription plans, pricing tiers, promotional offers, free trials, or other paid features for the Services beyond what is currently available, including but not limited to platform-wide subscription plans. We are under no obligation to offer any of the foregoing, and their availability, pricing, and features are subject to change at our discretion. Any such plans will be governed by additional terms disclosed at the time of offering, which will supplement these Terms.

4. Purchases, Star Awards, and Payments

4.1 Payment for Offerings

The Services may permit you to purchase certain products or services, including those offered by third parties through the Services. You acknowledge and agree that all information you provide in connection with a purchase, including payment information, is accurate, current, and complete. You represent and warrant that you have the legal right to use the payment method you provide. We reserve the right to (a) discontinue, modify, or limit the available quantity of any Offerings, and (b) refuse to allow any user to purchase any Offering. When you purchase Offerings, you agree to pay the price set forth in the applicable Service plus all applicable taxes, and you authorize us to charge your payment method for the full amount. Unless otherwise noted, all currency references are in U.S. Dollars.

4.2 Star Awards

PopJoy may offer purchasable Star Awards that allow you to recognize and support creators by awarding Stars to a creator or to specific creator content on the Services. When you purchase and award Stars, you authorize us (and our third-party payment processors) to charge your payment method for the selected Star Award pack. Star Awards are processed by PopJoy; they are not a bank transfer, stored-value card, or deposit account. Purchased Stars are awarded at the time of purchase to the selected creator or content target and are not held as a transferable balance that you can move between users or redeem for cash. Awarding Stars may also unlock recognition features on the Services (for example, PopStar status or related badges or comments). Where the Services allow, you may choose to make a Star Award anonymously, subject to your privacy settings and applicable product rules.

Eligible creators may earn a share of platform revenue associated with Star Awards and other Creator Programs, which may be credited to a PopJoy earnings balance and withdrawn to a linked payout account (such as a Stripe Connect account) subject to eligibility, hold periods, minimum thresholds, fees, chargebacks or refunds, and other terms in the Creator Agreement. PopJoy may pause, limit, or disable monetization for particular accounts or series as described in the Creator Agreement and on the Services. The Company reserves the right to modify, adjust, or discontinue Star Awards or any associated features at any time.

4.3 Purchase Limits

To prevent fraud and comply with applicable law, we may impose limits on the amount you may spend on Star Awards or other Offerings within a given period, including across multiple accounts you control. Current limits, if any, will be displayed on the Services at the time of purchase or otherwise communicated to you. We may modify these limits at any time and may decline a purchase that would exceed them.

4.4 Fraud Prevention

We may decline any Star Award or other Offering purchase we reasonably believe to be unauthorized, fraudulent, suspicious, or inconsistent with prior account activity. We are not liable to you for declining a purchase.

4.5 Promotional and Complimentary Stars

We may, at our discretion, provide Stars or Star Award opportunities you did not pay for, including as part of a promotion, reward, referral program, or similar activity ("Promotional Stars"). Promotional Stars may be subject to additional terms, including expiration dates we disclose when they are granted, and may not be redeemable for cash.

4.6 Discontinuation of Star Awards

If we discontinue Star Awards or a related feature, we will provide at least 30 days' notice where reasonably practicable. Except where applicable law requires a refund or other remedy, discontinuation does not entitle you to a refund for Star Awards already purchased and awarded.

4.7 Right of Withdrawal for EU and UK Consumers

If you are a consumer residing in the European Union, European Economic Area, or the United Kingdom, you may have a statutory right to withdraw from your purchase of Star Awards within 14 days without giving any reason, and to receive a full refund of amounts paid. However, because Star Awards are digital content made available immediately upon purchase, this withdrawal right does not apply, and is lost, once we have provided the Star Award to you, provided that: (a) you have given your prior express consent to us providing the Star Award immediately, before the withdrawal period has expired; and (b) you have acknowledged that you therefore lose your right of withdrawal once performance has begun. Where required, we will request this consent and acknowledgement as part of the purchase flow. If you have not given this consent, or if you wish to exercise your withdrawal right before the Star Award is provided to you, please submit a request via our support page or contact us at support@popjoy.app with a clear statement of your decision to withdraw. All payments received from you will be refunded without undue delay, and in any event, within 14 days of your notice, using the same payment method used for the original purchase unless you expressly agree otherwise. This Section does not affect any other statutory rights you may have as a consumer under the law of your country of residence.

4.8 Third-Party Payment Processors

We use third-party payment processors to process purchases of Star Awards and other Offerings on our behalf. We are not responsible for, and disclaim liability for, any errors, delay, or failures caused by a third-party payment processor, except to the extent caused by our own breach of these Terms.

4.9 Promotional Codes

We may offer Promotional Codes that may be redeemed for discounts on Offerings or other features. Promotional Codes (a) must be used in a lawful manner; (b) must be used for their intended audience and purpose; (c) may not be duplicated, sold, or transferred without express Company permission; (d) may be disabled by the Company at any time for any reason; (e) are not valid for cash or other credits or points; and (f) may expire prior to your use.

4.10 Order Acceptance

Once we receive your order for an Offering, we will provide you with an order confirmation. Receipt of an order confirmation does not signify acceptance of your order. We reserve the right to accept or decline your order for any reason at our sole discretion. If we cancel an order after you have been billed, we will refund the billed amount.

4.11 Taxes

Prices displayed for Offerings may not include applicable sales, use, value-added, goods and services, or similar taxes ("Taxes"). Where required by applicable law, we or our third-party payment processor will calculate, collect, and remit Taxes on your purchase, and any applicable Taxes will be added to the price displayed at checkout. If in the future you make a purchase through a third-party app store or platform (such as the Apple App Store or Google Play Store), that app store or platform may be responsible for calculating, collecting, and remitting Taxes on that purchase in accordance with its own terms, in which case Taxes will not separately be collected by us on that transaction. You are responsible for any Taxes owed in connection with your purchase that are not collected at the time of sale.

5. Privacy Policy and Cookies

Our Privacy Policy describes how we handle the information you provide to us when you use the Services. For an explanation of our privacy practices, please visit our Privacy Policy at popjoy.app/privacy. The Privacy Policy also describes how we use cookies and similar tracking technologies on the Services. By using the Services, you consent to our use of such technologies as described in our policy. You may adjust your cookie preferences at any time through the cookie settings tool available on the Website.

6. Rights We Grant You

6.1 Right to Use Services

We hereby permit you to use the Services for your personal use, provided that you comply with these Terms. Creators participating in PopJoy's creator programs pursuant to the Creator Agreement are additionally permitted to use the Services for commercial purposes expressly authorized thereunder. If any software, content, or other materials owned or controlled by us are distributed to you as part of your use of the Services, we grant you a personal, non-assignable, non-sublicensable, non-transferable, and non-exclusive right and license to access and display such materials solely for the purpose of enabling you to use the Services as permitted by these Terms. Your access to and use of the Services may be interrupted from time to time for maintenance, repair, or other reasons the Company may determine in its sole discretion.

6.2 Restrictions on Your Use of the Services

You may not do any of the following in connection with your use of the Services, unless applicable laws or regulations prohibit these restrictions or you have our written permission:

  • Download, modify, copy, distribute, transmit, display, reproduce, publish, license, or create derivative works from any content obtained from or through the Services, except as otherwise expressly permitted in these Terms.
  • Decompile, reverse engineer, disassemble, or decode the Services or attempt to do any of the same.
  • Use, reproduce, or remove any copyright, trademark, service mark, trade name, slogan, logo, image, or other proprietary notation displayed on or through the Services.
  • Use cheats, automation software, bots, hacks, modifications, or any other unauthorized third-party software designed to modify the Services.
  • Exploit the Services for any commercial purpose, including facilitating any commercial advertisement or solicitation, except as expressly permitted under these Terms or your Creator Agreement.
  • Access or use the Services in any manner that could disable, overburden, damage, or disrupt the Services or interfere with any other party's access to or use of the Services.
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt the Services, accounts registered to other users, or the computer systems or networks connected to the Services.
  • Circumvent, remove, alter, deactivate, degrade, or thwart any technological measure or content protection of the Services.
  • Use any robot, spider, crawler, scraper, or other automatic process that intercepts, mines, scrapes, or extracts data or information from or through the Services.
  • Introduce any viruses, trojan horses, worms, logic bombs, or other malicious or technologically harmful materials into our systems.
  • Submit, transmit, display, perform, post, or store any content that is unlawful, defamatory, obscene, excessively violent, pornographic, invasive of privacy or publicity rights, harassing, hateful, or cruel.
  • Violate any applicable law or regulation in connection with your access to or use of the Services.
  • Access or use the Services in any way not expressly permitted by these Terms.

6.3 Content Protection and Prohibited Extraction

PopJoy's Digital Content — including Pops, animated sequences, creator artwork, and related features — represents original creative work by our creator community. The following restrictions exist to protect creators and their work to the maximum extent possible:

Access Control Circumvention. You may not circumvent, bypass, disable, spoof, or otherwise defeat any access control, authentication, paywall, subscription barrier, or other technical measure we use to protect or gate any content or features within the Services. This includes attempting to access restricted Digital Content or features without authorization, reverse-engineering access mechanisms, or exploiting any technical vulnerability to gain unauthorized access. Any such attempt is a material breach of these Terms and may result in immediate account termination.

Screen Recording, Frame Capture, and Animated Content. You may not use screen recording software, frame capture tools, browser extensions, automation scripts, or any other method to record, capture, copy, or extract animated content, Pops, or any other Digital Content from the Services without the prior written consent of the Company and the applicable creator. Still screenshots of publicly available content are permitted for personal, non-commercial purposes only, provided that all creator attribution and identifying information remain fully intact and visible in any such screenshot.

Extraction, Scraping, and Rehosting. You may not use automated tools, scripts, unofficial APIs, browser automation, or any other method to extract, scrape, bulk download, or otherwise obtain Digital Content, animated sequences, Pops, or creator artwork from the Services for the purpose of rehosting, redistribution, republication, or commercial use on any other platform, service, or medium, without the prior written consent of both the Company and the applicable creator. This prohibition applies to all Digital Content on the Services.

Artificial Intelligence and Machine Learning Training. You may not use any content available through the Services — including without limitation Digital Content, creator-owned works, animations, Pops, character designs, visual styles, dialogue, or any other materials — as training data, fine-tuning data, prompt input, evaluation data, or input of any kind for any artificial intelligence, machine learning, large language model, image generation model, or generative AI system, without the express prior written consent of the Company and, where applicable, the creator who owns such content. This prohibition applies regardless of whether the content is accessed directly through the Services, through third-party caching or archiving services, or through any other means, and regardless of whether the intended use is commercial or non-commercial.

Creator Attribution and Identifying Information. You may not remove, alter, obscure, overwrite, or circumvent any creator attribution, ownership identifier, signature, credit, or other identifying information associated with any Digital Content available through the Services, including any attribution, credit, or marker we or a creator may display. All creator attribution information must remain intact and unaltered in any authorized use, sharing, or display of content. Violation of this provision constitutes both a breach of these Terms and may constitute infringement of applicable intellectual property laws.

6.4 Geographic Availability

Certain features of the Services — including creator monetization, payouts, and payment-processor support — may not be available in all countries or regions. Availability may vary by region due to payment-processor coverage, legal requirements, licensing, or other operational factors, and may change from time to time without notice. You agree not to circumvent geographic or eligibility restrictions we implement for such features.

6.5 Beta Offerings

From time to time, we may, in our sole discretion, include Beta Offerings in the Services. Your use of any Beta Offering is completely voluntary. Beta Offerings are provided on an "as is" basis and may contain errors or inaccuracies that could cause failures or loss of data. You acknowledge and agree that all use of any Beta Offering is at your sole risk. If we provide Beta Offerings on a confidential basis, you agree not to disclose, display, or otherwise make available any of the Beta Offerings without our prior written consent.

7. Ownership and Content

7.1 Ownership of the Services

The Services, including their look and feel, proprietary content, information, and other materials, are protected under copyright, trademark, and other intellectual property laws. You agree that the Company and/or its licensors own all right, title, and interest in and to the Services and all intellectual property rights therein. We and our licensors reserve all rights in connection with the Services and its content, including the exclusive right to create derivative works. For the avoidance of doubt, this Section 7.1 applies solely to the Services platform, infrastructure, and Company-owned or Company-licensed content, and does not limit, diminish, or otherwise affect the intellectual property rights retained by creators in their own content as expressly set forth in Section 7.4.

7.2 Ownership of Trademarks

The Company's name, the Company's logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. Other names, logos, product and service names, designs, and slogans that appear on the Services are the property of their respective owners.

7.3 Ownership of Feedback

We welcome Feedback. You acknowledge and agree that any contribution of Feedback does not and will not give or grant you any right, title, or interest in the Services or in any such Feedback. All Feedback becomes the sole and exclusive property of the Company, and the Company may use and disclose Feedback in any manner and for any purpose whatsoever without further notice or compensation to you. You hereby assign to the Company any and all right, title, and interest (including any patent, copyright, trade secret, trademark, and moral rights) that you may have in and to any and all Feedback.

7.4 Your Content and Creator IP Ownership

PopJoy is a creator-first platform. You retain full ownership of the content — including comics, stories, artwork, characters, Pops, and narratives — that you create and post through the Services ("Your Content"). Nothing in these Terms transfers your intellectual property rights in Your Content to the Company. In order to operate the Services, we must obtain from you certain limited license rights in Your Content so that actions we take in operating the Service are not considered legal violations. Accordingly, by using the Services and uploading Your Content, you grant us a limited license to access, use, host, cache, store, reproduce, transmit, display, publish, and distribute Your Content solely as required to operate, provide, and promote the Services. You agree that these rights are royalty-free, transferable, sub-licensable, and worldwide for so long as Your Content is stored with us, and include a right for us to make Your Content available to third parties with whom we have contractual relationships related to the provision of the Services, solely for the purpose of providing such Services. As part of the foregoing license grant, you agree that other users of the Services shall have the right to comment on and/or tag Your Content and to use, publish, or display Your Content as part of their own use of the Services, except that the foregoing shall not apply to any of Your Content that you post privately for non-public display on the Services. By posting Your Content through the Services, you represent and warrant that you have all rights, licenses, consents, and permissions necessary to grant the rights granted herein, and that Your Content does not infringe the intellectual property or other rights of any third party.

7.5 Creator Monetization

PopJoy offers creators opportunities to earn revenue through engagement-based revenue sharing tied to how readers interact with creator content — including through Star Awards — and may in the future offer advertising revenue share and other monetization programs. Monetization eligibility, program-specific requirements, payout mechanics (including Stripe Connect onboarding, payout-country eligibility, hold periods, minimum withdrawal thresholds, fees, and adjustments for chargebacks or refunds), and related terms are set forth in the Creator Agreement and may vary. PopJoy may also pause or disable monetization for particular series or accounts as described in the Creator Agreement and on the Services. Creators retain full ownership of their intellectual property, including all characters, stories, and creative works published on the platform, consistent with Section 7.4 above.

7.6 Content Moderation

PopJoy moderates content on the Services using human review and such tools as we choose to deploy from time to time. Content moderation is performed to enforce these Terms, our Community Guidelines, and applicable law, and to maintain a safe and high-quality environment for creators and readers. Moderation decisions, including content removal, account suspension, or feature restrictions, are made at the Company's sole discretion. You acknowledge and agree that the Company may moderate, remove, restrict, or take other action with respect to any content on the Services — including Your Content — at any time and without prior notice, to the fullest extent permitted by applicable law. You are solely responsible for creating backup copies of and replacing any of Your Content that you post or store on the Services, at your sole cost and expense. If you believe that a moderation decision was made in error, you may contact us at our support page or email support@popjoy.app to request a review, subject to the Company's review procedures as published from time to time.

7.7 Branded Content

PopJoy recognizes that some users collaborate with brands and may publish Branded Content. PopJoy allows you to publish Branded Content using the Services, provided that your Branded Content complies with these Terms and applicable law. If you publish Branded Content, you agree to provide clear and conspicuous disclosures as required by applicable advertising laws and regulations, including the U.S. Federal Trade Commission's Endorsement Guidelines, and to use any disclosure tools or labeling features we may make available.

7.8 Political Content

You may share political opinions and participate in political activity through the Services, subject to these Terms and our Community Guidelines. However, you agree not to use any PopJoy monetization tool (including Star Awards, subscriptions, or any other platform feature) for the purpose of making, delivering, or receiving a political contribution, or for the purpose of influencing any election. Candidates for political office are not eligible to use any PopJoy monetization tools on their channels.

8. Notice of Infringement — DMCA Policy

If you believe that any text, graphics, photos, audio, videos, or other materials appearing on the Services have been copied in a way that constitutes copyright infringement, you may submit a notification to our copyright agent in accordance with 17 U.S.C. § 512(c) of the Digital Millennium Copyright Act (the "DMCA"), by providing the following information in writing:

  • Identification of the copyrighted work claimed to be infringed.
  • Identification of the allegedly infringing material, including a description of where it is located on the Services.
  • Contact information so our copyright agent may reach you, such as an address and email address.
  • A statement that you have a good faith belief that the identified use is not authorized by the copyright owner, its agent, or the law.
  • A statement that the information in your notification is accurate, and under penalty of perjury, that you are the copyright owner or authorized to act on behalf of the copyright owner.
  • The physical or electronic signature of a person authorized to act on behalf of the copyright owner.

Notices of copyright infringement claims can be submitted via our support page or by email to legal@popjoy.app. You may also send by mail to: Latham & Watkins, ATTN: PopJoy, Inc., 355 S Grand Ave, Los Angeles, CA 90071. It is our policy, in appropriate circumstances and at our discretion, to disable or terminate the accounts of users who repeatedly infringe the copyrights or intellectual property rights of others. A user who has uploaded or posted materials identified as infringing may supply a counter-notification pursuant to sections 512(g)(2) and (3) of the DMCA. When we receive a counter-notification, we may reinstate the posts or material in question, in our sole discretion.

9. Third-Party Services and Materials

Certain Services may display, include, or make available Third Party Materials or provide links to certain third-party websites. By using the Services, you acknowledge and agree that the Company is not responsible for examining or evaluating the content, accuracy, completeness, availability, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect of such Third Party Materials or websites. We do not warrant or endorse and do not assume and will not have any liability or responsibility to you or any other person for any third-party services, Third Party Materials, or third-party websites. Third Party Materials and links to other websites are provided solely as a convenience to you.

10. Disclaimers, Limitations of Liability, and Indemnification

10.1 Disclaimers

Your access to and use of the Services are at your own risk. You understand and agree that the Services are provided to you on an "AS IS" and "AS AVAILABLE" basis. Without limiting the foregoing, to the maximum extent permitted under applicable law, the Company, its parents, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors (collectively, the "Company Entities") DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. The Company Entities make no warranty or representation and disclaim all responsibility and liability for: (a) the completeness, accuracy, availability, timeliness, security, or reliability of the Services; (b) any harm to your computer system, loss of data, or other harm resulting from your access to or use of the Services; (c) the operation or compatibility of the Services with any other application or any particular system or device; (d) whether the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis; or (e) the deletion of, or failure to store or transmit, Your Content and other communications maintained by the Services.

THE COMPANY ENTITIES TAKE NO RESPONSIBILITY AND ASSUME NO LIABILITY FOR ANY CONTENT THAT YOU, ANOTHER USER, OR A THIRD PARTY CREATES, UPLOADS, POSTS, SENDS, RECEIVES, OR STORES ON OR THROUGH OUR SERVICES.

YOU UNDERSTAND AND AGREE THAT YOU MAY BE EXPOSED TO CONTENT THAT MIGHT BE OFFENSIVE, ILLEGAL, MISLEADING, OR OTHERWISE INAPPROPRIATE, NONE OF WHICH THE COMPANY ENTITIES WILL BE RESPONSIBLE FOR.

10.2 Limitations of Liability

TO THE EXTENT NOT PROHIBITED BY LAW, YOU AGREE THAT IN NO EVENT WILL THE COMPANY ENTITIES BE LIABLE FOR ANY INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOSS OF USE, DATA OR PROFITS, OR BUSINESS INTERRUPTION), HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, WHETHER UNDER THESE TERMS OR OTHERWISE ARISING IN ANY WAY IN CONNECTION WITH THE SERVICES OR THESE TERMS AND WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE), EVEN IF THE COMPANY ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE COMPANY ENTITIES' TOTAL LIABILITY TO YOU FOR ANY DAMAGES FINALLY AWARDED SHALL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100.00) OR THE AMOUNT YOU PAID THE COMPANY ENTITIES, IF ANY, IN THE PAST TWELVE (12) MONTHS FOR THE SERVICES (OR OFFERINGS PURCHASED ON THE SERVICES) GIVING RISE TO THE CLAIM. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE-STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

10.3 Indemnification

By entering into these Terms and accessing or using the Services, you agree that you shall defend, indemnify, and hold the Company Entities harmless from and against any and all claims, costs, damages, losses, liabilities, and expenses (including attorneys' fees and costs) incurred by the Company Entities arising out of or in connection with: (a) your violation or breach of any term of these Terms or any applicable law or regulation; (b) your violation of any rights of any third party; (c) your misuse of the Services; (d) Your Content; or (e) your negligence or willful misconduct. If you are obligated to indemnify any Company Entity hereunder, you agree that Company will have the right, in its sole discretion, to control any action or proceeding and to determine whether Company wishes to settle, and if so, on what terms, and you agree to fully cooperate with Company in the defense or settlement of such claim.

11. Arbitration and Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY — IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. IT CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.

11.1 Informal Process First

You and the Company agree that in the event of any dispute between you and the Company Entities, either party will first contact the other party and make a good faith sustained effort to resolve the dispute before resorting to more formal means of resolution. The receiving party will have 30 days in which to respond. Both you and the Company agree that this dispute resolution procedure is a condition precedent which must be satisfied before initiating any arbitration against the other party.

11.2 Arbitration Agreement and Class Action Waiver

After the informal dispute resolution process, any remaining dispute, controversy, or claim (collectively, "Claim") relating in any way to the Company's services and/or products, including the Services, and any use or access or lack of access thereto, will be resolved by arbitration, including threshold questions of arbitrability of the Claim. You and the Company agree that any Claim will be settled by final and binding arbitration, using the English language, administered by JAMS under its Comprehensive Arbitration Rules and Procedures (the "JAMS Rules") then in effect. The arbitration will be conducted in San Francisco County, California, unless the parties mutually agree to a different location or to proceed telephonically or virtually as permitted under the JAMS Rules. Because your contract with the Company, these Terms, and this Arbitration Agreement concern interstate commerce, the Federal Arbitration Act ("FAA") governs the arbitrability of all disputes. Arbitration will be handled by a sole arbitrator in accordance with the JAMS Rules. Judgment on the arbitration award may be entered in, and the parties consent to the exclusive jurisdiction of, the federal courts of the Northern District of California or the state courts in the City and County of San Francisco, California, for purposes of confirming or enforcing any arbitration award. Any arbitration under these Terms will take place on an individual basis — class arbitrations and class actions are not permitted.

11.3 Exceptions

Notwithstanding the foregoing, you and the Company agree that the following types of disputes will be resolved in a court of proper jurisdiction: (a) disputes or claims within the jurisdiction of a small claims court, as long as it is brought and maintained as an individual dispute; (b) disputes or claims where the sole form of relief sought is injunctive relief; or (c) intellectual property disputes.

11.4 Costs of Arbitration

Payment of all filing, administration, and arbitrator costs and expenses will be governed by the JAMS Rules, except that if you demonstrate that any such costs owed by you under those rules would be prohibitively more expensive than a court proceeding, the Company will pay the amount of any such costs that the arbitrator determines are necessary to prevent the arbitration from being prohibitively expensive.

11.5 Opt-Out

You have the right to opt out and not be bound by the arbitration provisions set forth in these Terms by sending written notice of your decision to opt out to the U.S. mailing address listed in the "How to Contact Us" section of these Terms. The notice must be sent within thirty (30) days of your first registering to use the Services or agreeing to these Terms; otherwise you shall be bound to arbitrate disputes on a non-class basis in accordance with these Terms. If you opt out of the arbitration provisions, the Company also will not be bound by them.

11.6 Waiver of Right to Bring Class Action and Representative Claims

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND THE COMPANY EACH AGREE THAT ANY PROCEEDING TO RESOLVE ANY DISPUTE, CLAIM, OR CONTROVERSY WILL BE BROUGHT AND CONDUCTED ONLY IN THE RESPECTIVE PARTY'S INDIVIDUAL CAPACITY AND NOT AS PART OF ANY CLASS (OR PURPORTED CLASS), CONSOLIDATED, MULTIPLE-PLAINTIFF, OR REPRESENTATIVE ACTION OR PROCEEDING ("CLASS ACTION"). YOU AND THE COMPANY AGREE TO WAIVE THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS ACTION.

12. Additional Provisions

12.1 Recommendations

As part of the Services, we will recommend content that might be of interest to you based on your usage and preferences. You may adjust your content preferences through your Account Settings.

12.2 Promotions

You may promote, administer, or conduct a promotion (e.g., a contest or sweepstakes) on or through the Services (a "Promotion"), provided that you: (a) ensure the Promotion complies with all applicable laws and regulations; (b) are solely responsible for all aspects of and expenses related to your Promotion, including drafting and posting any official rules, selecting winners, issuing prizes, and obtaining all necessary third-party permissions; (c) do not indicate that PopJoy is a sponsor or co-sponsor of the Promotion; and (d) display the following disclaimer when conducting a Promotion: "This is a promotion by [Your Name]. PopJoy does not sponsor or endorse this promotion and is not responsible for it."

12.3 Updating These Terms

We may modify these Terms from time to time, in which case we will update the "Last Revised" date at the top of these Terms. If we make changes that are material, we will use reasonable efforts to notify you, such as by email and/or by placing a prominent notice on the Website. It is your sole responsibility to review these Terms from time to time to view any such changes. Your continued access or use of the Services after the modifications have become effective will be deemed your acceptance of the modified Terms. No amendment shall apply to a dispute for which an arbitration has been initiated prior to the change in Terms.

12.4 Termination of License and Your Account

If you breach any of the provisions of these Terms, all licenses granted by the Company will terminate automatically. Additionally, the Company may suspend, disable, or delete your Account and/or the Services (or any part of the foregoing) with or without notice, for any or no reason. If the Company deletes your Account for any suspected breach of these Terms by you, you are prohibited from re-registering for the Services under a different name without prior written consent. In the event of Account deletion for any reason, the Company may, but is not obligated to, delete any of Your Content. The Company shall not be responsible for the failure to delete or deletion of Your Content. All sections which by their nature should survive the termination of these Terms shall continue in full force and effect subsequent to and notwithstanding any termination of these Terms. Termination will not limit any of the Company's other rights or remedies at law or in equity.

12.5 Injunctive Relief

You agree that a breach of these Terms will cause irreparable injury to the Company for which monetary damages would not be an adequate remedy, and the Company shall be entitled to equitable relief in addition to any remedies it may have hereunder or at law without a bond, other security, or proof of damages. The parties acknowledge that the content protection provisions of Section 6.3 are of particular importance and that any violation thereof may warrant immediate injunctive relief.

12.6 California Residents

If you are a California resident, in accordance with Cal. Civ. Code § 1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.

12.7 Forward-Looking Statements

Some of the information on the Services may contain projections or other forward-looking statements regarding future events or the future financial performance of the Company. Words such as "expects," "plans," "believes," "goals," "continues," "may," and similar expressions identify forward-looking statements. All such statements that are not historical facts are based on our current expectations and are subject to a number of risks and uncertainties, and the actual events or results may differ materially.

12.8 Export Laws

You agree that you will not export or re-export, directly or indirectly, the Services and/or other information or materials provided by the Company hereunder, to any country for which the United States or any other relevant jurisdiction requires any export license or other governmental approval without first obtaining such license or approval. By using the Services, you represent and warrant that you are not located in any such country or on any such list. You are responsible for compliance at your sole expense with all applicable United States export laws and regulations.

12.9 U.S. Government Restricted Rights

The Services and related documentation are "Commercial Items," as that term is defined at 48 C.F.R. § 2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation," as such terms are used in 48 C.F.R. § 12.212 or 48 C.F.R. § 227.7202, as applicable. The Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users only as Commercial Items and with only those rights as are granted to all other end users pursuant to the terms and conditions herein.

13. Miscellaneous

These Terms constitute the entire agreement between the parties with respect to the subject matter hereof and your use of the Services, and supersede all other agreements and understandings, both written and oral, between the parties with respect to the subject matter hereof. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. These Terms and the licenses granted hereunder may be assigned by the Company but may not be assigned by you without the prior express written consent of the Company. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for reference only and shall not be read to have any legal effect. The Services are operated by us in the United States. These Terms are governed by the laws of the State of California, without regard to conflict of laws rules. The proper venue for any disputes arising out of or relating to any of the same will be the arbitration venue set forth in Section 11, or if arbitration does not apply, then the state and federal courts located in California. You and the Company agree that the United Nations Convention on Contracts for the International Sale of Goods will not apply to the interpretation or construction of these Terms.

14. Requests for Legal Information and Subpoenas

All requests for information or documents related to potential, anticipated, or current legal proceedings, investigations, or disputes must be made using the appropriate level of legal process. Requests should be made on our support page or directed to legal@popjoy.app with sufficient detail for the Company to respond appropriately.

15. How to Contact Us

You may contact us regarding the Services or these Terms at:

PopJoy, Inc.
649 Central Avenue, San Francisco, CA 94117
Email: support@popjoy.app
Website: popjoy.app

© 2026 PopJoy, Inc. All rights reserved.