Terms of Use

Effective Date: November 14, 2024

1. Introduction

Welcome to Popnie.com, a service provided by NETOX LTD. By accessing or using Popnie.com (the "Platform"), you agree to comply with and be bound by these Terms of Use ("Terms"). These Terms constitute a legally binding agreement between you and NETOX LTD ("we," "us," or "our").

1.1 About NETOX LTD

Popnie.com is operated by NETOX LTD, a company registered in the European Union under VAT Number: BG204276863, with its registered address at Mladost 37B, 1784, Sofia, Bulgaria.

For any inquiries, please contact us at:

1.2 Acceptance of Terms

By accessing or using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and to comply with all applicable laws and regulations. If you do not agree to these Terms, you are prohibited from using or accessing the Platform.

2. Definitions

For the purposes of these Terms, the following definitions shall apply:

  • "Popnie": Refers to the services, tools, applications, and website (Popnie.com) provided by NETOX LTD.
  • "Services": All functionalities offered by Popnie, including but not limited to language translation, rephrasing, text corrections, and other content tools.
  • "User": Any individual or entity accessing or using the Services.
  • "Account": The profile created by the User to access paid or free features of the Platform.
  • "Prompt": Any input text provided by the User for processing through the Platform.
  • "Completion": The output generated by Popnie in response to a User's Prompt.
  • "Subscription": A payment plan that grants access to specific features and usage caps for the Services.
  • "AI-generated content": Any text, translation, rephrased output, or correction provided by the Platform, which is generated using artificial intelligence algorithms.
  • "Caps": Usage limits applied to certain features, measured in words, characters, or other metrics, based on the User's subscription tier.

3. User Eligibility

3.1 Minimum Age Requirement

You must be at least eighteen (18) years of age to use the Platform. If you are under the age of eighteen (18), you may only use the Platform under the supervision and consent of a parent or legal guardian who agrees to be bound by these Terms.

3.2 Compliance with Laws

By accessing or using the Services, you represent and warrant that your use complies with all applicable local, national, and international laws and regulations. You are solely responsible for ensuring that your use of the Services is in compliance with all laws and regulations applicable to you.

4. Accounts

4.1 Account Registration

To access certain premium features of the Services, you may be required to register and create an Account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.

4.2 Account Responsibility

You are solely responsible for maintaining the confidentiality of your Account credentials and for all activities that occur under your Account. You agree to notify us immediately of any unauthorized use of your Account or any other breach of security.

4.3 Unauthorized Use

We shall not be liable for any loss or damage arising from your failure to protect your Account credentials or from unauthorized access to your Account. You may be held liable for losses incurred by us or any other user of the Platform due to someone else using your Account as a result of your failure to keep your Account information secure and confidential.

5. Subscriptions

5.1 Subscription Plans

Popnie offers various subscription tiers with differing usage caps and features (each a "Subscription"). Subscription plans may include, but are not limited to:

  • Monthly Plans: Provide access to the Services for a period of thirty (30) calendar days.
  • Yearly Plans: Provide access to the Services for a period of three hundred sixty-five (365) calendar days at a discounted rate.

5.2 Usage Caps

Each Subscription includes specific usage limits ("Caps") on features such as word count, characters, or other metrics. For example:

  • 10,000 words per month for Completions.

Should you exceed your Caps, you will be required to upgrade your Subscription or wait until the next billing cycle when your Caps reset. The calculation of these Caps may be subject to Popnie's internal logic. While we strive for accuracy, the actual word count usage may vary by up to ten percent (10%) more or less due to system rounding, language complexities, and tokenization processes used in AI-generated outputs. Therefore, the stated Cap (e.g., 10,000 words) may allow for slightly fewer or more words depending on these factors.

5.3 Automatic Renewal

All Subscriptions are set to automatically renew at the end of the applicable subscription period unless canceled by you prior to the renewal date. By purchasing a Subscription, you authorize us to charge your payment method on a recurring basis for the applicable Subscription fees.

5.4 Cancellation

You may cancel your Subscription at any time through your Account settings or by contacting us at [email protected]. Cancellation will be effective at the end of the current billing period, and you will not receive a refund for any portion of the Subscription fee paid for the then-current subscription period.

6. Refund Policy

We offer refunds under the following conditions:

  • Unused Periods: If you are a new User and you cancel your Subscription within three (3) days of purchase and have not utilized more than ten percent (10%) of your word Cap or feature limits, you are eligible for a full refund. For the purposes of this policy, a "new User" is defined as an individual or entity making their first payment to Popnie.
  • Technical Issues: In the event of a critical platform issue that causes a service disruption for more than seventy-two (72) consecutive hours, you may request a prorated refund corresponding to the duration of the service disruption.

Refunds will not be issued for partially used word Caps or for dissatisfaction with AI-generated content. All refund requests are subject to our sole discretion and must be submitted to [email protected].

7. Use of Services

7.1 Permitted Use

You are granted a non-exclusive, non-transferable, revocable license to access and use the Services strictly in accordance with these Terms. You may use the Services for personal, educational, or commercial purposes, provided that such use is lawful and in compliance with these Terms.

7.2 Prohibited Activities

You agree not to engage in any of the following prohibited activities:

  • Overloading, disrupting, or attempting to interfere with the proper working of the Platform or Services.
  • Using any automated system, including but not limited to "robots," "spiders," or "offline readers," to access the Platform in a manner that sends more request messages to the servers than a human can reasonably produce in the same period.
  • Submitting or transmitting any content that is unlawful, abusive, defamatory, obscene, fraudulent, or otherwise objectionable.
  • Infringing upon or violating our intellectual property rights or the intellectual property rights of others.
  • Reverse engineering, decompiling, or disassembling any portion of the Platform or Services.

8. AI-Generated Content and Limitations

8.1 Accuracy Disclaimer

The AI-generated content provided through the Services is for informational purposes only and may contain inaccuracies or errors. We do not guarantee the accuracy, completeness, or usefulness of any AI-generated content, and you acknowledge that any reliance on such content is at your own risk. You are solely responsible for reviewing and verifying the outputs before any use.

8.2 Prohibited Use of AI-Generated Content

You agree not to use the AI-generated content for any purposes that are unlawful, harmful, or in violation of these Terms, including but not limited to:

  • Disseminating misinformation or engaging in malicious activities.
  • Conducting illegal activities or promoting illegal behavior.
  • Harassing, abusing, or harming another person or entity.

8.3 Ownership of Outputs

You retain ownership of any content you provide as a Prompt. However, you acknowledge that the AI-generated Completions are generated through proprietary algorithms and may include elements that are not solely derived from your input. You are granted a non-exclusive, worldwide, royalty-free license to use the AI-generated content for lawful purposes, subject to these Terms and any applicable third-party rights, including copyright laws.

9. Privacy

Your privacy is important to us. Please review our Privacy Policy, which explains how we collect, use, and disclose information that pertains to your privacy. The Privacy Policy is hereby incorporated into these Terms by reference.

10. Limitation of Liability

10.1 Limitation of Liability

To the fullest extent permitted by applicable law, in no event shall Popnie, NETOX LTD, its affiliates, directors, employees, or agents be liable for any indirect, incidental, special, consequential, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses, resulting from:

  • Your use or inability to use the Services.
  • Unauthorized access to or alteration of your transmissions or data.
  • Statements or conduct of any third party on the Services.
  • Any errors or inaccuracies in AI-generated content.
  • Any other matter relating to the Services.

In no event shall our total liability to you for all damages, losses, or causes of action exceed the amount you have paid to us in the last six (6) months, or one hundred Euros (€100), whichever is greater.

10.2 Indemnification

You agree to indemnify, defend, and hold harmless NETOX LTD, its affiliates, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, or expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with your access to or use of the Services, your violation of these Terms, or your infringement of any third-party rights, including intellectual property rights.

11. Modifications to the Services

We reserve the right, at our sole discretion, to modify, suspend, or discontinue, temporarily or permanently, the Services (or any part thereof) at any time with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services.

12. Termination

12.1 Termination by You

You may terminate your Account and discontinue your use of the Services at any time by contacting us at [email protected]. Upon termination, all rights granted to you under these Terms will cease immediately.

12.2 Termination by Us

We reserve the right to suspend or terminate your Account and access to the Services, with or without notice, for any reason, including but not limited to a violation of these Terms or any applicable laws. Upon termination, all rights granted to you under these Terms will cease immediately.

13. Dispute Resolution

13.1 Governing Law

These Terms and any disputes arising out of or related to these Terms or the Services shall be governed by and construed in accordance with the laws of Bulgaria and the European Union, without regard to its conflict of law provisions.

13.2 Arbitration

Any dispute, controversy, or claim arising out of or relating to these Terms or the breach, termination, or invalidity thereof, shall be settled by arbitration in accordance with the applicable rules of the Arbitration Court of the Bulgarian Chamber of Commerce and Industry. The seat of arbitration shall be Sofia, Bulgaria. The language of the arbitration shall be English. The award rendered by the arbitrator(s) shall be final and binding upon the parties concerned.

14. Updates to These Terms

We may revise these Terms from time to time. If we make material changes, we will provide notice as appropriate under the circumstances, e.g., by displaying a prominent notice within the Services or by sending you an email. Your continued use of the Services after the effective date of such changes constitutes your acceptance of the revised Terms.

15. Contact Information

If you have any questions or require assistance regarding these Terms or the Services, please contact us at:

  • Email: [email protected]
  • Mailing Address: NETOX LTD, Mladost 37B, 1784, Sofia, Bulgaria