Pearpop, Inc. (“Pearpop,” “we,” “us,” “our”) provides Pearpop.ai, an AI-powered email platform for content creators and influencers (“Pearpop.AI”). This Pearpop.AI Terms of Service Agreement (“Agreement”) governs your access and use of Pearpop.AI.
We reserve the right to change, modify, add, or remove portions of this Agreement. Changes will become effective immediately but will not apply retroactively. If you do not agree to the modified Agreement you should immediately discontinue your use of Pearpop.AI.
Please do not use or continue to access the Platform if you do not agree to this Agreement.
Age Requirements
You must be at least 18 years old and able to enter into contracts in order to use Pearpop.AI. You must have your parent or legal guardian’s permission to use Pearpop.AI if you are under the age of 18. Please have your parent or legal guardian review this Agreement with you. This Agreement will apply to you if you are a parent or legal guardian and you allow your child to use Pearpop.AI and you are responsible for your child’s use of Pearpop.AI.
Account
Your account is personal to you and you may not share it or allow any other person to utilize your account. You may not use another person’s account. If someone else has access to your computer, mobile device, or web browser, the automatic login feature will allow that person to have access to your Pearpop.AI account. You will be responsible for all damages resulting from unauthorized access to Pearpop.AI from your account. You must notify us if your registration information changes or you learn of or have reason to suspect any unauthorized use of your account or any other breach of security.
Term
The term of this Agreement (the “Term”) will begin when you sign up for an account and agree to the terms of this Agreement. The Term will continue for as long as you have an account or until you or Pearpop terminates this Agreement in accordance with the terms of this Agreement, whichever happens first.
Termination and Suspension
You or Pearpop may terminate this Agreement at any time and for any reason. You may terminate this Agreement by terminating your account and we may terminate this Agreement by giving you notice that we are doing so. Termination of this Agreement will not affect any right or relief to which we are entitled at law or in equity. We may suspend Pearpop.AI, or your ability to use Pearpop.AI, at any time and for any reason.
Upon termination of this Agreement, you must cease all use of Pearpop.AI and any information or materials that have been provided to you. The terms and conditions in this Agreement that by their nature and context are intended to survive any termination of this Agreement will survive such termination and will be fully enforceable thereafter.
Using the Platform
You are responsible for your use of Pearpop.AI. You may only use Pearpop.AI in compliance with this Agreement and all applicable laws and regulations.
You may not use (or allow anyone else to use) Pearpop.AI for any illegal, abusive, or harmful activity. For example, you may not:
- Use Pearpop.AI in a way that infringes or violates anyone’s rights.
- Modify, copy, lease, rent, distribute, or sell Pearpop.AI.
- Use Pearpop.AI in a way that damages, disables, or impairs Pearpop’s infrastructure, servers, or network or that disrupts or interferes with another party’s use of Pearpop.AI.
- Try to gain unauthorized access to Pearpop.AI, other accounts, or any Pearpop systems through hacking, brute force attacks, password mining, or any other means.
- Create derivative works of Pearpop.AI, reverse engineer Pearpop.AI, or decompile Pearpop.AI’s source code.
- Introduce a virus or malicious code into Pearpop.AI.
- Send advertisements or spam using or through Pearpop.AI.
- Represent or claim that Content (defined below) from Pearpop.AI was generated by a human when it wasn’t.
- Use a bot or other automatic process to harvest information or Content on Pearpop.AI.
- Upload or transmit Content that infringes or violates anyone’s rights or otherwise defames, abuses, harasses, or threatens another person.
Payment
You must provide complete and accurate billing information if you purchase a Pearpop.AI subscription. We will automatically charge your payment method every payment period until you cancel. You are responsible for all applicable taxes and we will charge tax when we are required to do so. We may suspend your access to Pearpop.AI if we cannot collect payment from you. You can cancel your paid subscription at any time.
[NOTE TO DRAFT: New Stripe / Payments language.] We use Stripe, Inc. (“Stripe”) as our third-party payment processor to process payments for your Pearpop.AI subscription. When you provide payment information, such as a credit card number or other payment details, that information is submitted directly to Stripe and is processed by Stripe. We do not store your full payment card information on our systems. You authorize us and Stripe to charge your selected payment method for all amounts due, including any applicable taxes, fees, and recurring charges, if applicable. We are not responsible for Stripe’s acts or omissions, except to the extent required by applicable law.
We may change our prices at any time. We will give you at least 30 days’ advance notice if we increase our subscription prices. Any increase will be effective on your next renewal.
Refunds
We may issue a refund for payments at our sole discretion. You are not entitled to any refunds except as required by law.
Content
Pearpop.AI allows you to upload and receive materials and inputs (“Inputs”). Pearpop.AI uses artificial intelligence systems to generate outputs based on your direction and use of features available to you in Pearpop.AI (“Outputs”). Inputs and Outputs are “Content”. You are responsible for all Content and for the consequences and liability related to or connected with your Content as well as your use of Content. We will not be liable for any Content stored in or transmitted through Pearpop.AI. As between you and Pearpop, you own and retain ownership of your Inputs and you own Outputs.
By uploading, transmitting, or storing Content in Pearpop.AI, you hereby grant to us a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, edit, adapt, publish, translate, display, host, store, distribute, sublicense, and create derivative works and compilations incorporating your Content as part of providing Pearpop.AI. You represent and warrant that you have all rights and authority to grant us the license herein to the Content you post or upload to Pearpop.AI.
We reserve the right to remove Content that we believe is infringing, offensive, objectionable, or illegal at our sole discretion and without liability to you or any other person.
We reserve the right to use your Content to train our models.
You agree that:
- Output may not be accurate.
- You, not Pearpop, are responsible for reviewing Outputs and evaluating its accuracy and relevance for your specific needs and situation.
- Pearpop is not responsible or liable for how you choose to use Outputs.
Pearpop.AI Usage and Limitations
We do not guarantee Pearpop.AI availability or uptime.
We do not guarantee that Pearpop.AI will be compatible or operate with your Internet provider’s service plan, your mobile carrier’s service plan, with any particular computer, mobile device, or web browser, or any other piece of hardware, software, equipment, or device you use to access Pearpop.AI. You are responsible for providing, maintaining, and ensuring the compatibility of all hardware, software, and other system requirements necessary for your access to and use of Pearpop.AI. You are also responsible for all third-party charges and fees, including to your Internet service provider and mobile carrier, in connection with your access and use of Pearpop.AI and for complying with any contracts, terms of service agreements, and restrictions associated with such third party services.
We are not responsible or liable for any content, advertising, products, or other materials on or available from third party websites or for any privacy or other practices of the third parties operating those websites.
Pearpop Rights and Ownership
We may discontinue or alter any aspect of Pearpop.AI, restrict the time Pearpop.AI are available, install bug fixes, updates, patches, and other upgrades to Pearpop.AI, and restrict the amount of use permitted at our sole discretion and without prior notice or liability to you. Your only remedy is to discontinue using Pearpop.AI if you do not want a modification we make to Pearpop.AI. We may also decide to discontinue Pearpop.AI in its entirety; we will give you advance notice if we do.
Pearpop.AI is our property and it may not be reproduced, recreated, modified, accessed, or used in any manner contrary to what is allowed by this Agreement or disseminated or distributed to any other person. Our images, trademarks, service marks, logos, icons, and other materials we provide or make available to you is our property and may not be used without our prior written consent. Trademarks owned by third parties are the property of those respective third parties.
We reserve all rights not otherwise expressly granted by this Agreement.
Please do not send your unsolicited ideas or feedback to us. Any feedback or suggestions you give to us is voluntary and we may use such feedback or suggestions in our sole discretion without obligation to you. We make no assurances that your ideas or feedback will be treated as confidential or proprietary.
Privacy
We collect, store, and use data collected from you in accordance with our Privacy Notice, located at /privacy.
Disclaimers
To the fullest extent allowed under applicable law, Pearpop expressly disclaims all warranties, express, implied, or otherwise, including without limitation, warranties of merchantability, title, non-infringement, suitability, integration, currentness, accuracy, and fitness for a particular purpose. Pearpop does not warrant that Pearpop.AI will be malware or virus free. Pearpop specifically disclaims any representations that Pearpop.AI will meet your requirements, that access to or operation or use of Pearpop.AI will be uninterrupted or error free, that defects in Pearpop.AI, if any, will be corrected, or that Content will be timely, accurate, adequate, or complete. Pearpop.AI is provided “as is” and “as available” and Pearpop does not guarantee Pearpop.AI’s availability or uptime. Pearpop does not warrant or represent that use of Pearpop.AI or Content will result in compliance with any applicable laws or regulations, and you understand that you are solely responsible for ensuring compliance with any and all applicable laws and regulations.
Liability
To the fullest extent permitted by law, under no circumstance will Pearpop be responsible for lost profits, revenues, financial losses, or indirect, special, consequential, exemplary, or punitive damages. To the fullest extent permitted by law, Pearpop’s total liability for any claims under this Agreement, including for any implied warranties, is limited to $100.00. The limitations of this section will apply to any theory of liability, whether based on warranty, contract, statute, tort (including negligence) or otherwise, and whether or not Pearpop has been informed of the possibility of any such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Indemnification
You agree to defend, indemnify, and hold us and our officers, members, managers, employees, and agents harmless from and against any and all third-party claims, liabilities, damages, losses, demands, or expenses, including attorney’s fees and costs and expenses, arising out of or in any way connected with:
- Your use of Pearpop.AI.
- Your breach or alleged breach of this Agreement.
- Inputs and/or Outputs.
- Your use of Content.
- Unauthorized use of your account.
- Your violation of any rights of any other person or entity.
- Your violation or noncompliance with applicable law(s).
Compliance With Law
We do not make any representation that Pearpop.AI, Content, or other material or information provided through Pearpop.AI will comply with laws applicable to you or your jurisdiction. You may not use Pearpop.AI or export Content in violation of United States export laws, regulations, or restrictions. If you access Pearpop.AI from outside of the United States, you are responsible for compliance with all applicable laws.
Governing Law and Other Important Terms
This Agreement and any claim related thereto will be governed by the laws of the State of California, without reference to its conflicts or choice of law principles. All claims and disputes arising under this Agreement will be brought solely in any court located in Los Angeles County, California. You irrevocably submit and consent to the personal jurisdiction of such courts.
We have the right to enforce the provisions of this Agreement by injunction (without necessity of posting bond), specific performance, or other equitable relief without prejudice to any other rights and remedies we may have for your breach of this Agreement.
This Agreement controls the relationship between Pearpop and you. This Agreement does not create any third party beneficiary rights.
Our failure to enforce the provisions of this Agreement do not constitute a waiver of our right to enforce them.
If any term or provision of this Agreement is held to be invalid or unenforceable, the remaining terms and provisions of this Agreement will remain in full force and effect, and the invalid or unenforceable term or provision will not be considered to be part of this Agreement.
In the event of a conflict between this Agreement and any additional policies, procedures, disclaimers, guidelines, rules, terms, or conditions of specific application, the additional policies, procedures, disclaimers, guidelines, rules, terms, or conditions of specific application will control.
Contact Us
If you have any questions or would like further clarification about Pearpop.AI or this Agreement, please e-mail us at legal@pearpop.ai.