01About these Terms
These Terms of Service (“Terms”) apply to your use of PopNow, including the website at popnow.ai and any apps, tools and services we offer under the PopNow name (together, the “Service”).
The Service is provided by Luma AI Labs, LLC, 2261 Market Street STE 72933, San Francisco, CA 94114, United States (“Luma AI Labs”, “PopNow”, “we”, “us” or “our”). These Terms are a binding agreement between you and Luma AI Labs, LLC.
By creating an account, buying credits or using the Service, you agree to these Terms, our Privacy Policy and our Refund Policy. If you don’t agree, please don’t use the Service.
02Who can use PopNow
You must be at least 13 years old to use PopNow. If you are under the age of majority where you live, you may use the Service and buy credits only with the permission of a parent or guardian, who agrees to these Terms on your behalf. If you use the Service on behalf of a company or other organization, you confirm that you can accept these Terms for it, and “you” includes that organization.
You may not use the Service if the laws that apply to you, including sanctions laws, don’t allow it.
03Your account
You need an account to create with PopNow. You can sign in with a Google or GitHub account, or with a one-time code we send to your email address. Keep that account, and your email inbox if you use the email code, secure. Don’t share your PopNow account with anyone. You are responsible for everything that happens under your account.
If you think someone else has accessed your account, tell us right away at support@popnow.ai.
04Credits, prices and payment
PopNow runs on credits. Each generation uses a number of credits that depends on the model, the type of result, its length and its resolution. The Service shows how many credits a generation will use before you start it.
Credit packs and their prices are listed on our Pricing page. Prices are in US dollars. Sales tax, VAT or similar taxes may be added at checkout depending on where you live. Credit packs are one-time purchases: there is no subscription, and nothing renews automatically.
Our order process is conducted by our online reseller Paddle.com. Paddle.com is the Merchant of Record for all our orders.
Paddle handles payment, billing, taxes and refunds for your order, and Paddle’s Buyer Terms also apply to your purchase.
Credits are a prepaid right to use the Service. They have no cash value, can’t be transferred or sold, and can’t be exchanged for money except as described in our Refund Policy or where the law requires it.
- If a generation fails because of a technical problem on our side, the credits it used go back to your balance.
- If we block a request before it runs, no credits are used.
- When you sign in to PopNow for the first time, your new account gets 30 free welcome credits. Each account gets them once, and we may remove them from accounts created to collect them more than once.
- Welcome credits and other free or promotional credits are not refundable and can’t be exchanged for money. They don’t expire at the moment. If we ever set an expiry date for them, we’ll tell you before it applies.
- We may change pack prices and credit costs in the future. Changes don’t affect packs you’ve already bought, and a generation always costs what was shown when you started it.
05Refunds
Our Refund Policy explains when and how you can get a refund. In short: within 14 days of buying a credit pack, you can ask for a refund of the credits from that pack that you haven’t used. Nothing in these Terms limits rights you have under consumer protection law.
06Your content and AI-generated results
“Inputs” means the prompts, text, images, videos, audio and other material you submit to the Service. “Outputs” means the content the Service generates for you. Together they are “Your Content”.
You own what you make
As between you and us, you own your Inputs and, to the extent the law allows, your Outputs. We assign to you any rights we may have in your Outputs. We don’t claim ownership of Your Content.
What you let us do with it
You give us a worldwide, non-exclusive, royalty-free license to host, store, copy, process, transmit and display Your Content only as needed to provide, secure and support the Service and to comply with the law. This license ends when Your Content is deleted from our systems, except for copies we must keep by law or that remain in backups for a limited time.
We do not use Your Content to train AI models.
How long we keep it
We keep Your Content in your library until you delete it. Items you delete go to your Trash, where you can restore them for 30 days. After that, they are permanently deleted. If you close your account, Your Content is deleted as described in our Privacy Policy.
You are responsible for your Inputs
You confirm that you have all the rights, licenses and permissions your Inputs need, including the consent of any identifiable person who appears in them, and that your Inputs and your use of Outputs don’t break these Terms or the law.
How AI results work
- Outputs are made by AI models, some of them provided by third parties. They can be inaccurate, unexpected or not what you asked for. Review them before you rely on or share them.
- AI models can produce similar or identical results for different people. Results created for other users are not your Outputs.
- Don’t present an Output as real footage of real events or real people in a way that misleads others. Where the law or a platform you post to requires AI-generated content to be labeled, label it.
07Acceptable use
Don’t use the Service to create, upload or share anything that:
- is illegal, or promotes or helps with illegal activity;
- sexually exploits or endangers children, or sexualizes minors in any way. We report child sexual abuse material to the relevant authorities;
- is sexually explicit or pornographic;
- shows a real person in a sexual, intimate or degrading way, or makes a real person appear to say or do something they didn’t, in a way meant to deceive, without their consent;
- harasses, bullies, threatens or defames anyone, or promotes violence or hatred against people because of who they are;
- promotes terrorism, violent extremism, self-harm or suicide;
- infringes anyone’s copyright, trademark, privacy, publicity or other rights;
- is meant to mislead people, such as scams, fraud, fake news or election misinformation; or
- is spam or unsolicited advertising.
And don’t:
- upload viruses, malware or other harmful code;
- probe, scan or test the security of the Service, or try to break or get around our security, usage limits or content filters;
- scrape, crawl or copy the Service, or access it by automated means other than tools we provide for that purpose;
- reverse engineer the Service or the models behind it, or use it to build a competing product or to train other AI models;
- resell, rent or share access to your account or credits; or
- interfere with, overload or disrupt the Service or anyone else’s use of it.
08Content moderation
We use automated filters and human review to help keep PopNow safe. We may refuse a prompt or upload, block or remove content, and limit, suspend or close accounts that break these Terms. We don’t promise to review everything on the Service, and we aren’t responsible for content that users create. If you think we got a decision wrong, email us and we’ll take another look.
09Editing photos and videos
Some tools let you edit, restyle or animate images and videos that you upload, including photos of people. Only upload media you own or have permission to use. If a real, identifiable person appears in your upload, you need their consent to edit it, and you must not edit it to embarrass, sexualize, harass or deceive.
Your rights in uploads and edited results follow the section on your content. An edited result may still contain parts of your original upload, and the rights in those parts stay with whoever owned them. Rights holders can ask us to take down edited media through the process in the next section, and we close the accounts of people who repeatedly edit or upload other people’s work without permission.
10Intellectual property and takedowns
Our property
The Service, including our software, design, brand, logos and characters such as our bubble-gum mascot, belongs to Luma AI Labs or our licensors. These Terms don’t give you any rights in them beyond using the Service as these Terms allow. If you send us feedback or ideas, we may use them without owing you anything.
Reporting content
If you believe content on PopNow infringes your copyright or other rights, or shows you without your consent, email support@popnow.ai with the subject line “Takedown request” and include:
- your name and contact details;
- a description of the work or right you believe is being infringed;
- where the content is on PopNow, with a link or other details that let us find it;
- a statement that you believe in good faith that the use is not authorized by the rights owner, its agent or the law;
- a statement that the information in your notice is accurate and, under penalty of perjury, that you are the rights owner or authorized to act for them; and
- your physical or electronic signature.
We review every notice promptly. We may remove or disable access to the content and will tell the user who posted it. If your content was removed and you believe that was a mistake, you can send us a counter-notice with the same details.
Repeat infringers
We close the accounts of users who repeatedly infringe other people’s rights.
11Changes to the Service
We keep improving PopNow, so we may add, change or remove features, tools and AI models, including third-party models that stop being available. Where a change significantly affects what you’ve paid for, we’ll give you reasonable notice when we can.
If we ever shut the Service down, we’ll give you at least 30 days’ notice and refund the paid credits you haven’t used.
12Availability
We work hard to keep PopNow running smoothly, but we can’t guarantee that the Service will be uninterrupted, error-free or always available. We may pause it for maintenance, and it may be affected by events outside our control.
13Suspension and termination
You can stop using PopNow and close your account at any time.
We may suspend or close your account, or limit what you can do, if you break these Terms, if the law requires it, or if your use puts other users, us or anyone else at risk. Where it’s reasonable, we’ll tell you why and give you a chance to respond.
If we close your account because you broke these Terms, any credits left in it are lost, unless the law requires otherwise. If we close it for any other reason, we’ll refund the paid credits you haven’t used. Sections that by their nature should continue after your account ends, such as ownership, disclaimers and limits of liability, will continue.
14Disclaimers
To the fullest extent the law allows, the Service and all Outputs are provided “as is” and “as available”, without warranties of any kind, whether express or implied, including warranties of merchantability, fitness for a particular purpose, title and non-infringement. We don’t promise that Outputs will be accurate, unique or suitable for any particular purpose, or that they won’t infringe anyone’s rights.
15Limitation of liability
To the fullest extent the law allows:
- we are not liable for any indirect, incidental, special, consequential or punitive damages, or for any loss of profits, revenue, data or goodwill; and
- our total liability for all claims relating to the Service is limited to the greater of the amount you paid us in the 12 months before the claim arose and US$100.
Some places don’t allow these limits, so they may not apply to you. Nothing in these Terms limits liability that can’t be limited by law, such as liability for fraud, or for death or personal injury caused by negligence.
16Indemnity
If you use the Service for business purposes, you agree to defend and compensate us for claims, losses and costs (including reasonable legal fees) that arise from Your Content or from your breach of these Terms.
17Governing law and disputes
These Terms are governed by the laws of the State of California, United States, without regard to its conflict-of-law rules. The courts located in San Francisco County, California have exclusive jurisdiction over disputes about these Terms or the Service.
If you are a consumer living in the European Union, the United Kingdom or another country whose law gives you the right to bring claims in your local courts, you keep that right and the protection of the mandatory laws of your country.
Before starting a formal dispute, please email us first. Most problems can be solved quickly that way.
18Changes to these Terms
We may update these Terms from time to time and will post the new version on this page with a new date. If a change is significant, we’ll tell you by email or in the Service at least 14 days before it takes effect. If you keep using the Service after that, the new Terms apply. If you don’t agree with them, you can close your account before they take effect.
19General
These Terms, together with our Privacy Policy and Refund Policy, are the entire agreement between you and us about the Service. If any part of them is found unenforceable, the rest stays in effect. If we don’t enforce a right straight away, we haven’t given it up. You may not transfer your rights under these Terms without our consent. We may transfer ours as part of a merger, acquisition or sale of assets, and we’ll tell you if we do.
20Contact us
Questions about these Terms? We’re happy to help.
Luma AI Labs, LLC2261 Market Street STE 72933, San Francisco, CA 94114, United Statessupport@popnow.ai
