Terms of service (updated 4th of June 2024)

Welcome to MyPop.AI (together with the software-as-a-service (SaaS) platform and its domains, subdomains, content, marks, and services, collectively referred to as the “Platform”). Please read the following Terms carefully before using this Platform so that you are aware of your legal rights and obligations with respect to MyPop.AI Ltd., doing business as “MyPop.AI” (“MyPop.AI,” “we,” “our,” or “us”). By accessing or using the Platform on a software-as-a-service (SaaS) basis, you expressly acknowledge and agree that you are entering a legal agreement with us and have understood and agree to comply with, and be legally bound by, these Terms, together with the MyPop.AI Privacy Policy (the “Terms”). You represent and warrant that you are at least 18 years old and, if you are entering into these Terms on behalf of your employer or another legal entity, that you have full authority to bind said employer or other legal entity to these Terms. You hereby waive any applicable rights to require an original (non-electronic) signature or delivery or retention of non-electronic records, to the extent not prohibited under applicable law. If you do not agree to be bound by these Terms, please do not access or use the Platform.

1. Background

The Platform is designed to enhance team efficiency by integrating data from your project management, chats, communication, and development tools, powered by our proprietary agile intelligence. The Services include: (i) the software that you access via the Platform; (ii) the products, services, and features made available or provided to you by MyPop.AI in connection with the Service; and (iii) the content, text, documents, articles, brochures, descriptions, products, graphics, photos, sounds, videos, interactive features, and the trademarks, service marks, and logos (“Marks”), contained in or made available through the Service.

2. Modification

We reserve the right, at our discretion, to change these Terms at any time. Such changes will be effective ten days after posting of the revised Terms on the Platform, and your continued use of the Platform thereafter signifies your acceptance of those changes.

3. Platform Access

For as long as these Terms are in effect, we grant you permission to visit and use the Platform provided that you comply with these Terms and all applicable laws.

4. Subscription to the Service

Subject to your compliance with these Terms, MyPop.AI hereby grants you, and you accept, a non-exclusive, non-transferable, non-sublicensable, and fully revocable right to access and use the Service during the term defined herein for your internal business purposes only.

5. Restrictions on Use

You must not, and shall not permit any third party to: (i) give, sell, rent, lease, sublicense, disclose, publish, assign, market, transfer or distribute any portion of the Service to any third party, including, but not limited to, your affiliates, or use the Service in any service bureau arrangement; (ii) circumvent, disable or otherwise interfere with security-related features of the Service or features that prevent or restrict use or copying of any content or that enforce limitations on use of the Service; (iii) reverse engineer, decompile, or disassemble the Service or any components thereof; (iv) modify, translate, patch, alter, change or create any derivative works of the Service, or any part thereof; (v) use any robot, spider, scraper, or other automated means to access the Service for any purpose without our express written permission; (vi) take any action that imposes, or may impose at our sole discretion, an unreasonable or disproportionately large load on our infrastructure; (vii) interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service; (viii) bypass any measures we may use to prevent or restrict access to the Service; (ix) use the Service to send unsolicited email, including, without limitation, promotions, or advertisements for products or services; (x) forge any TCP/IP packet header or any part of the header information in any email or in any posting using the Service; or (xi) attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by MyPop.AI in connection with the Service or the Platform.

6. Account

To use the Service, you must create an account (“Account”). You must ensure that all information you provide during the setup and maintenance of your Account is current, complete, and accurate. You agree to update such information as needed to keep it accurate. You are responsible for all activities that occur under your Account and for keeping your password and other Account details confidential. You must notify MyPop.AI immediately if you become aware of any unauthorized use of your account or any other breach of security.

7. Intellectual Property Rights

Ownership Rights: Title and full, exclusive ownership rights of the Service (including all parts thereof), all reproductions, corrections, modifications, enhancements, improvements, and all related patent rights, copyrights, trade secrets, trademarks, service marks, related goodwill, and data related to your usage thereof, are reserved to and shall remain solely and exclusively with MYPOP.ai (or its third-party licensors). “MYPOP.ai”, the MYPOP.ai logo, and other marks are trademarks of MYPOP.ai or its affiliates. If you download or print a copy of the Service, you must retain all copyright and other proprietary notices contained therein.

Use of Content: Content on the Platform is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, modified, published, licensed, sold, or otherwise exploited for any other purposes whatsoever without the prior written consent of MYPOP.ai. If you download or print a copy of any Content, you must retain all copyright and other proprietary notices contained therein. “Content” refers to any materials on the Platform, including but not limited to text, documents, articles, brochures, descriptions, products, software, graphics, photos, sounds, videos, interactive features, and services, as well as the Marks contained in or made available through the Service.

8. Third Party Sources and Content

The Platform may enable you to view, access, link to, and use content from Third Party Sources not owned or controlled by us (“Third Party Content”). The Platform may also enable you to communicate and interact with Third Party Sources. “Third Party Source(s)” refers to third-party websites and services.

We are not affiliated with, and have no control over, any Third Party Sources. We do not assume any responsibility for the content, terms of use, privacy policies, actions, or practices of any Third Party Sources. Please read the terms of use and privacy policy of any Third Party Source that you interact with before you engage in any such activity.

We are not responsible for, and expressly disclaim all warranties regarding, the accuracy, appropriateness, usefulness, safety, or Intellectual Property Rights of, or relating to, any Third Party Content.

We do not endorse any advertising, promotions, campaigns, products, services, or other materials included in any Third Party Content or communicated to you from a Third Party Source.

You always have the choice to decide whether or not to interact with a Third Party Source or to view and use Third Party Content. Your interaction with a Third Party Source and your use of, and reliance upon, any Third Party Content is at your sole discretion and risk.

You are solely responsible and liable for your interaction with a Third Party Source. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you may have against MYPOP.ai, and release MYPOP.ai from any and all liability, arising from your use of and interaction on any Third Party Content and from your interaction with any Third Party Source. If you have any query or complaint regarding a Third Party Source or any Third Party Content, you agree to contact the Third Party Source directly.

9. User Content

Responsibility: The Platform may permit you to access, transmit, host temporarily, and share content created by you, including any third-party content you choose to include (“User Content”). You are solely responsible for your User Content and the consequences of accessing, transmitting, temporarily hosting, and sharing such User Content via the Platform.

Ownership: You represent and warrant that you own or have the necessary rights and permissions to use and authorize MYPOP.ai to use all Intellectual Property Rights in and to your User Content, and to enable inclusion and use thereof as contemplated by the Platform and these Terms. “Intellectual Property Rights” means any and all rights, titles, and interests, whether foreign or domestic, in and to any and all trade secrets, patents, copyrights, service marks, trademarks, know-how, or similar intellectual property rights, as well as any and all moral rights, rights of privacy, publicity, and similar rights of any type under the laws or regulations of any governmental, regulatory, or judicial authority, foreign or domestic. You retain all of your ownership rights in and to your User Content.

10. Feedback

You may provide suggestions, comments, or other feedback to MYPOP.ai regarding the Service and/or the Platform, including but not limited to new features, functionality, techniques, or business methods (“Feedback”). Feedback will not create any confidentiality obligation for MYPOP.ai and shall be considered non-confidential and non-proprietary. MYPOP.ai will be free to use, disclose, reproduce, license, or otherwise distribute and exploit the Feedback provided by you in any manner, without any obligation or restriction of any kind on account of intellectual property rights or otherwise. You hereby waive any rights you may have in the Feedback, including any right to royalties or other considerations. You also agree not to disclose to MYPOP.ai any confidential or proprietary information of any third party.

11. Information Description

We strive for accuracy in the information presented on the Platform, yet we cannot guarantee that the Content available is accurate, complete, reliable, current, or error-free. We reserve the right to make changes to the Content or any part thereof without the obligation to issue any notice prior to or after making such changes. Your use of the Content, or any part thereof, is at your sole risk and responsibility. We disclaim any responsibility for any harm resulting from your use of the Platform, including but not limited to reliance by you on any information obtained from the Platform.

12. Disclosure

We reserve the right to access, read, preserve, and disclose any information that we obtain in connection with the Platform, and your use thereof, as we reasonably believe is necessary to:

(i) satisfy any applicable law, regulation, legal process, subpoena, or governmental request;

(ii) enforce these Terms, including investigating potential violations hereof;

(iii) detect, prevent, or otherwise address fraud, security, or technical issues;

(iv) respond to user support requests; or

(v) protect the rights, property, or safety of MYPOP.ai, its users, or the public.

13. Privacy Policy

You acknowledge and agree that your use of the Service, including any information transmitted to or stored by MYPOP.ai, is governed by the MYPOP.ai Privacy Policy, which is available at MyPop.AI Privacy Policy. Please review our Privacy Policy to understand our practices concerning your personal information.

14. Warranty Disclaimers

This section applies whether the services provided under the Platform are for payment or not. Applicable law may not allow the exclusion of certain warranties, so to the extent such exclusions are specifically prohibited by law, some of the exclusions set forth herein may not apply to you.

THE PLATFORM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. MYPOP.AI DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. MYPOP.AI DOES NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE PLATFORM OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PLATFORM.

MYPOP.AI DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE PLATFORM OR ANY HYPERLINKED WEBSITE OR SERVICE, AND MYPOP.AI WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

15. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, MYPOP.AI SHALL NOT BE LIABLE FOR ANY INDIRECT, EXEMPLARY, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES OF ANY KIND, OR FOR ANY LOSS OF DATA, REVENUE, PROFITS, OR REPUTATION, ARISING UNDER THESE TERMS OR OUT OF YOUR USE OF, OR INABILITY TO USE, THE PLATFORM, EVEN IF MYPOP.AI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitations may not apply to you.

IN NO EVENT SHALL THE AGGREGATE LIABILITY OF MYPOP.AI FOR ANY DAMAGES ARISING UNDER THESE TERMS OR OUT OF YOUR USE OF, OR INABILITY TO USE, THE PLATFORM EXCEED THE TOTAL AMOUNT OF FEES PAID BY YOU TO MYPOP.AI (IF ANY) FOR THE SERVICE DURING THE TWELVE (12) MONTHS PERIOD PRIOR TO BRINGING THE CLAIM.

16. Indemnification

You agree to defend, indemnify, and hold harmless MYPOP.AI and its affiliates, and their respective officers, directors, employees, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Platform; (ii) your violation of any term of these Terms; (iii) your violation of any third-party right, including without limitation any copyright, trademark, privacy, or other property, or privacy right; or (iv) any claim that your User Content caused damage to a third party. This defense and indemnification obligation will survive these Terms and your use of the Platform.

17. Term and Termination

These Terms are effective unless and until terminated by either you or MYPOP.AI. You may terminate these Terms at any time by notifying MYPOP.AI that you no longer wish to use our Services, or when you cease using our site.

MYPOP.AI may terminate this agreement at any time without notice, and accordingly may deny you access to the Platform, if in our sole judgment you fail to comply with any term or provision of these Terms. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

Sections 7 (Intellectual Property Rights), 13 (Privacy Policy), 14 (Warranty Disclaimers), 15 (Limitation of Liability), 16 (Indemnification), and this Section 17 (Term and Termination), along with any other provisions of the Terms that, either explicitly or by their nature, must remain in effect even after termination of the Terms, shall survive termination.

18. Governing Law

These Terms shall be governed by and construed in accordance with the laws of England and Wales, without giving effect to any principles of conflicts of law. You agree to submit to the personal jurisdiction of the courts located in London for the resolution of all disputes arising from or related to these Terms and/or your use of the Platform.

19. Assignment

These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by MYPOP.ai without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.

20. General Provisions

Entire Agreement/Severability: These Terms, together with the Privacy Policy and any amendments and any additional agreements you may enter into with MYPOP.ai in connection with the Platform, shall constitute the entire agreement between you and MYPOP.ai concerning the Platform. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.

No Waiver: No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and MYPOP.ai’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

Notice: MYPOP.ai may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on our website, as determined by MYPOP.ai in our sole discretion. MYPOP.ai reserves the right to determine the form and means of providing notifications to our users, provided that you may opt out of certain means of notification as described in these Terms.

Changes to Terms: MYPOP.ai reserves the right, in its sole discretion, to modify or replace any part of these Terms at any time, by posting the updated terms on the Platform. It is your responsibility to check the website periodically for changes. Your continued use of or access to the Platform following the posting of any changes to these Terms constitutes acceptance of those changes.