Terms of Use

Last Updated: December 3, 2025

1. Introduction

Welcome to POPJAM OÜ (“POPJAM”, “we”, “us” or “our”). POPJAM is an Estonian private limited company (registry code 17381868) operating an online Software-as-a-Service platform at popjam.io that provides AI-powered marketing tools to users globally. These Terms of Use (“Terms”) govern your access to and use of the POPJAM platform and services (“Services”). By accessing or using our Services, you agree to be bound by these Terms and all applicable laws and regulations. If you do not agree with any part of these Terms, you must not use the Services.

These Terms apply to all users of the Services, whether as an individual or as an organization. If you are using the Services on behalf of a company or other legal entity, you represent that you have the authority to bind that entity to these Terms, in which case “you” refers to both you as an individual and the organization.

2. Accounts and Eligibility

Account Registration: To use certain features of POPJAM, you may need to create an account. You agree to provide accurate, current, and complete information during registration and to keep it updated. Each user (or authorized employee of a subscribing business) must maintain the security of their account credentials and notify us immediately of any unauthorized use. You are responsible for all activities that occur under your account.

Eligibility: You must be at least 18 years old (or the age of legal majority in your jurisdiction) to use our Services. The Services are intended for professional marketing use and not directed at children under 13. By using the Services, you affirm that you are eligible and legally capable of agreeing to these Terms. If you represent a business entity, that entity must be duly organized and in good standing under the laws of its jurisdiction, and you warrant that you have the authority to bind the entity.

3. Subscription Plans, Fees, and Payments

POPJAM offers various subscription tiers (including paid plans) to suit different needs. Some core features may be available under a free trial or limited free plan, while advanced features require a paid subscription (as described on our Pricing page). By selecting a paid plan, you agree to pay the applicable subscription fees and any taxes or charges described.

Billing and Renewal: Paid subscriptions are billed in advance on a periodic basis (e.g. monthly or annually) as per the plan you choose. Auto-Renewal: Unless you cancel your subscription before the end of the current billing period, your subscription will automatically renew and you authorize us to charge the then-current subscription fee using the payment method we have on record. We will inform you of any fee changes in advance as required by law. You may cancel or downgrade your plan at any time, but any prepaid fees are non-refundable (except where required by law). If you cancel, you will retain access to paid features until the end of the paid period, after which your account may be downgraded to a free tier or deactivated.

Credits and Usage Limits: Some aspects of the Services (such as AI-generated images or videos) operate on a credit system. For example, generating an AI image or video may consume credits from your account. You may purchase credit packs to increase your usage limits. Credits have a defined validity period – currently, purchased credits expire 6 months after purchase. Unused credits will not be refundable or roll over beyond the expiration period. We reserve the right to modify the credit system (including pricing and expiration) and will communicate any substantial changes.

Payment Processing: Payments for subscriptions or credits are handled via secure third-party payment processors. You must provide current, complete, and accurate billing information. By providing a payment method, you represent that you are authorized to use that method and you authorize us (or our payment processor) to charge all fees incurred through your account to that payment method. If your payment fails or is overdue, we may suspend or cancel your access to the Services. You are responsible for any bank fees, currency exchange fees, or other charges related to your payments.

4. User Content and Uploads

Definition of User Content: Our Services allow you to upload, submit, or generate content such as advertising creatives, copy, campaign materials, brand assets (e.g. logos, graphics), persona or audience data, and other marketing-related content (“User Content”). For example, you may upload ads or images for analysis, or provide target audience information for persona simulations. You retain all rights and ownership in the User Content that you upload or provide to POPJAM. We do not claim ownership over your original content.

License to POPJAM: In order to operate the Services, you grant POPJAM a worldwide, non-exclusive, royalty-free license to host, use, process, copy, display, and modify your User Content solely for the purpose of providing and improving the Services to you and as otherwise permitted by our Privacy Policy. This license enables, for example, storing your uploaded creatives on our servers, analyzing your campaign data to generate insights, or formatting content for display to you. We will not use your User Content to train generalized AI models for external use, and no client-provided data is used for external model training. This license ends when you delete the User Content from our platform or terminate your account (allowing for a reasonable period for backup removal), except to the extent we are permitted or required by law to retain copies (e.g. for legal compliance or dispute resolution).

Your Responsibilities for Content: You are solely responsible for the User Content you upload or generate using the Services. By providing any User Content, you represent and warrant that: (a) you either own or have obtained all necessary rights, consents, and permissions to use and share that content, and to grant us the license above; (b) the content does not infringe or violate any intellectual property rights, privacy rights, publicity rights, or other rights of any third party; (c) the content is not defamatory, obscene, hateful, or unlawful; and (d) if the content includes personal data of any individual (for example, if you upload data about real persons for audience targeting), you have obtained all necessary lawful bases (such as consent) to process and transfer such personal data to us, in compliance with applicable data protection laws (including GDPR and Turkey’s KVKK). You remain responsible for the legality of any personal data that you, as the data controller, upload to our platform.

Content Moderation: POPJAM is not obligated to monitor User Content, but we reserve the right to review, remove, or disable access to any User Content at our discretion, particularly if we believe it violates these Terms, applicable law, or the rights of others. We may also suspend or terminate accounts associated with such content (see Termination below). We are not responsible for any loss of data or content removed from the Services, so please maintain your own backup copies of important content.

5. Intellectual Property Rights

Our Services and IP: All rights, title, and interest in and to the Services (including our software, algorithms, AI models, features, databases, websites, trademarks, logos, and content provided by us) are and will remain the exclusive property of POPJAM and its licensors. These are protected by intellectual property laws and international treaties. We grant you a limited, revocable, non-exclusive, non-transferable license to access and use the Services for your internal business purposes and in accordance with these Terms. You may not reproduce, distribute, modify, create derivative works of, publicly display, or publicly perform any part of our Services except as authorized in these Terms or with our prior written consent. All trademarks, logos, and service marks displayed on the platform are our property or that of our partners. You are not permitted to use them without our prior approval, except as necessary for use of the Services or as permitted by law.

Restrictions: You shall not (and shall not allow any third party to) do or attempt to do any of the following: (a) copy, modify, adapt, translate, or otherwise create derivative works of the Services; (b) reverse engineer, decompile, decrypt, disassemble, or otherwise attempt to derive the source code of any software used in the Services (except to the extent such restriction is prohibited by law); (c) rent, lease, sell, sublicense, or redistribute the Services or any portion thereof to any third party; (d) remove or obscure any proprietary notices on the Services; (e) use any automated system (like bots, scrapers) to access the Services in a manner that sends more requests than a human can reasonably perform, or to extract data or Content (except as explicitly allowed via our APIs or integration features); or (f) use the Services to develop or improve a competing product or service.

Feedback: If you choose to provide suggestions, ideas, or feedback to us regarding the Services, you agree that we can use and share such feedback for any purpose without compensation to you and without any restriction or obligation to you.

6. AI-Generated Outputs and Disclaimer

AI Outputs: POPJAM’s platform uses artificial intelligence to generate content (such as ad copies, images, persona feedback, and other marketing suggestions) based on the inputs you provide. For purposes of these Terms, any output generated by the AI based on your prompts or User Content is considered part of your “Content” as defined above (“AI Output”). Ownership of AI Output: As between you and POPJAM, you will own the AI Output that is generated for you through the Services. To the extent any copyright or intellectual property rights vest in the AI Output, we hereby assign (or agree to assign) those rights to you, except that (a) if the AI Output includes or is based on any POPJAM proprietary content or templates, POPJAM retains ownership of those underlying elements, and (b) if the Output includes any third-party content (for example, if the AI retrieves or reproduces any text or images from third-party sources), those third-party elements remain the property of their respective owners. You acknowledge that AI Output may not be entirely unique and that other users may receive similar outputs.

No Confidentiality of Inputs: While we treat your User Content and inputs in accordance with our Privacy Policy and implement security measures, the nature of AI processing means we strongly advise you not to input highly sensitive or confidential information into any prompts. You should avoid submitting personal data (especially sensitive personal data) unless necessary, and you must not input any content you do not have the right to use (see User Content above). We design our systems to keep client-provided data within our secure environment, but any input you provide will be processed by our AI models and possibly third-party AI providers under strict agreements.

AI Output Use and Responsibility: You are responsible for how you use the AI Output. No Professional Advice: AI Outputs are generated automatically and may be incorrect, incomplete, or inappropriate. They do not constitute professional advice or guaranteed results. You agree not to rely on any AI Output as the sole basis for important decisions or claims. Always review AI-generated content for accuracy and suitability before using it in a real campaign or disseminating it. If the AI Output suggests content that includes factual claims (e.g. about your product) or legal matters, you must verify those facts independently. Attribution: If required by context (for instance, if using outputs in published content), you should attribute or disclose the AI’s role where appropriate, especially if necessary to avoid misrepresentation.

Disclaimer of AI Liability: You acknowledge that artificial intelligence technology has inherent limitations and that POPJAM does not guarantee the quality, originality, or legality of any AI-generated content. The AI may inadvertently produce content that is erroneous, offensive, or that might resemble existing works. POPJAM is not liable for any content generated by the AI Tool, and we specifically disclaim responsibility for any third-party claims arising from your use of AI Output (for example, claims of intellectual property infringement or defamation). You agree to use the AI Outputs at your own risk and to indemnify POPJAM for any third-party claims resulting from your use of AI Output (see Indemnification below).

7. Acceptable Use Policy

You agree to use the Services in a lawful manner and in compliance with these Terms. Prohibited Uses: You will not use the Services (including any AI features) to:

Violations of Law: Engage in any activity that violates any applicable law or regulation, including intellectual property laws (e.g., uploading content that you do not have rights to) or data privacy laws (e.g., unlawfully collecting personal data).
Harmful or Illegal Content: Generate or disseminate any content that is illegal, harmful, violent, defamatory, obscene, child exploitative, harassing, or that promotes discrimination, hatred, or violence. This includes content that infringes or misappropriates a third party’s rights, or any material that could give rise to civil or criminal liability.
Security Violations: Attempt to probe, scan, or test the vulnerability of any POPJAM system or network, breach security or authentication measures, or interfere with or disrupt the integrity or performance of the Services. You will not transmit viruses, malware, or any other malicious code.
Circumventing Limits: Circumvent or attempt to circumvent any usage limits, pricing structure, authentication measures, or other restrictions that we impose on your account (for example, creating multiple accounts to exceed credit limits or using automated tools to avoid rate limits).
Reverse Engineering & Misuse: Reverse-engineer or derive the source code of our AI models or any part of the Service, nor use the output of the AI to train or enhance other AI models that compete with POPJAM.
Impersonation and Fraud: Misrepresent your identity or affiliation, or impersonate any person or entity. You will not use the Services for fraudulent activities, phishing, or other deceptive practices.
Unauthorized Access: Share your account access with others who are not authorized, or use another user’s account without permission. If you are an organization, ensure each user has their own login and adheres to these Terms.
Spam and Abuse: Use the Services to send unsolicited advertising or spam, or to collect information of other users for such purposes.

We reserve the right to investigate violations of this Acceptable Use Policy and cooperate with law enforcement or third parties in doing so. Violations may result in suspension or termination of your account and other legal actions if appropriate.

8. Privacy and Data Protection

Your privacy is very important to us. Our collection, use, and sharing of personal data in connection with your use of the Services are described in our Privacy Policy (attached below or available on our website). By using the Services, you acknowledge that you have read and understood our Privacy Policy, and you consent to the practices described therein, including the international transfer of your personal data to the jurisdictions where we or our service providers operate. We implement an “EU-First” data residency strategy, meaning that primary storage and processing of client data occur on servers located in the European Union (e.g., in Finland, Sweden, and Germany). However, as detailed in our Privacy Policy, certain features or integrations may involve data transfers outside the EU with appropriate safeguards (such as Standard Contractual Clauses or compliance with the EU-U.S. Data Privacy Framework).

If you are a business customer and require a Data Processing Agreement (DPA) to satisfy GDPR or other data protection laws (for example, if you act as a data controller and entrust POPJAM as a data processor for personal data of your end-users), please contact us. We have arrangements in place with our sub-processors (e.g., cloud hosting providers, AI service providers) via Data Processing Agreements to ensure they uphold data protection standards. POPJAM will assist with data subject requests and maintain the security of personal data, as described in the Privacy Policy.

Confidentiality: We regard your User Content (including any business data, marketing plans, or other non-public information you upload) as confidential to you. We will not disclose your confidential content to other clients or third parties except as needed to provide the Services or as required by law. Our staff and contractors are bound by confidentiality obligations. This provision does not cover information that is public or that was independently developed by us without use of your confidential content.

9. Termination

By You: You may stop using the Services at any time. You may also delete your account or cancel a subscription through your account settings or by contacting us. Termination of a paid subscription will be effective at the end of the current billing period unless otherwise agreed.

By POPJAM: We may suspend or terminate your access to the Services (or downgrade your account to a free tier) without prior notice if you violate these Terms, if we are required to do so by law, or if your use of the Services (in our reasonable judgment) poses a security risk, legal liability, or could adversely impact our systems or other users. In non-emergency situations, we will attempt to notify you of any material breach and provide an opportunity to resolve it before termination. We may also terminate any free or trial accounts that have been inactive for an extended period, or if we discontinue the free service offering.

Effect of Termination: Upon termination of your account, whether by you or us, your right to use the Services will immediately cease. We will make your account data (including User Content and personal information) inaccessible or delete it, except to the extent we are obliged to retain certain data for legal or compliance purposes or as outlined in our data retention policy. It is your responsibility to export or back up any content or data you wish to retain before termination. Sections of these Terms which by their nature should survive termination (such as intellectual property provisions, licenses granted to us, disclaimers of warranty, indemnities, and limitations of liability, governing law, etc.) will survive.

10. Disclaimer of Warranties

AS-IS Service: POPJAM provides the Services on an “as is” and “as available” basis. To the fullest extent permitted by law, POPJAM and its affiliates, suppliers, and partners disclaim all warranties of any kind, whether express, implied, or statutory, regarding the Services. This includes any implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and any warranties that may arise from course of dealing or course of performance. We do not guarantee that the Services will meet your requirements or expectations, that they will be uninterrupted, timely, secure, or error-free, or that results obtained from the use of the Services (including any AI-generated content) will be accurate or reliable.

No Warranty on Content: You understand that AI is an experimental technology and that any content obtained through the Services is used at your own discretion and risk. POPJAM makes no warranty that any data, content, or advice obtained through the Services (whether provided by POPJAM, generated by AI, or by other users) is complete, truthful, or reliable. We do not warrant that our security measures will be impregnable or that the content you store on our platform will remain accessible or uncorrupted (though we employ industry-standard security to protect data).

Some jurisdictions do not allow the disclaimer of certain warranties. In such jurisdictions, some of the above disclaimers may not apply to you to the extent disallowed by applicable law. In such cases, POPJAM’s warranties will be limited to the maximum extent permitted by law.

11. Limitation of Liability

No Indirect Damages: To the maximum extent permitted by law, in no event will POPJAM or its directors, officers, employees, agents, or partners be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenue, data, goodwill, or other intangible losses, arising out of or related to your use of or inability to use the Services, whether based on warranty, contract, tort (including negligence), or any other legal theory, even if POPJAM has been advised of the possibility of such damages. This limitation applies to any damages resulting from AI Outputs or third-party services we integrate, such as errors in content, decisions you make based on the Service’s output, or unauthorized access to or alteration of your data.

Liability Cap: To the extent that liability cannot be excluded entirely, POPJAM’s aggregate liability to you for all claims arising out of or relating to the use of or any inability to use any portion of the Services or otherwise under these Terms, whether in contract, tort, or otherwise, is limited to the amount you have paid to POPJAM for the Services in the Twelve (12) months immediately preceding the event giving rise to the claim (or, if you have not paid any fees, to EUR €100).

Exceptions: Nothing in these Terms shall operate so as to limit or exclude liability which cannot be limited or excluded under applicable law. For example, if applicable law prohibits full exclusion of liability for gross negligence or willful misconduct, or for death or personal injury caused by negligence, then such liability is not excluded by this Agreement, but only to the minimum extent required by law.

Allocation of Risk: You acknowledge and agree that the disclaimers, exclusions, and limitations of liability set forth in these Terms reflect a reasonable and fair allocation of risk between you and POPJAM, and that these limitations are an essential basis for our ability to make the Services available to you on economically feasible terms.

12. Indemnification

You agree to indemnify, defend, and hold harmless POPJAM, its parent company, affiliates, and their respective directors, officers, employees, and agents, from and against any and all claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees and costs) arising out of or in any way connected with: (a) your use of the Services (including any actions taken by a person using your account, with or without your consent); (b) your User Content or AI Outputs, including any allegation that such content infringes or misappropriates the intellectual property or privacy rights of a third party or violates applicable law; (c) your breach or alleged breach of these Terms or of any representations or warranties herein; or (d) your violation of any applicable law or regulation in connection with your use of the Services.

We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), in which case you agree to cooperate with our defense of that claim. You agree not to settle any such matter without the prior written consent of POPJAM.

13. Governing Law and Dispute Resolution

These Terms and any dispute or claim arising out of or in connection with the Services or these Terms (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of Estonia, without regard to its conflict of law principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

Jurisdiction: You and POPJAM agree that any disputes shall be resolved exclusively in the courts of Estonia. The courts of Estonia (Harju County Court in Tallinn, unless the law specifies otherwise) shall have jurisdiction over any claim or dispute arising under these Terms. You hereby consent to the personal jurisdiction of such courts. Notwithstanding the foregoing, we reserve the right to seek injunctive or equitable relief in any jurisdiction to protect our intellectual property or confidential information.

Arbitration Option: At our sole discretion, POPJAM may require you to submit any dispute arising from these Terms or use of the Services (including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination) to binding arbitration in Estonia, in the English language, under the rules of arbitration of the Estonian Chamber of Commerce and Industry. In such case, the decision of the arbitrator will be final and binding, and judgment on the award may be entered in any court of competent jurisdiction. If we do not elect arbitration, the dispute must be resolved in court as stated above.

EU Consumer Rights: If you are using the Services as a consumer (not in the course of business) and you reside in a member state of the European Union, this Governing Law and Jurisdiction clause does not deprive you of any protection afforded to you by provisions of consumer law in your country of residence. You may also have the right to bring an action in your local courts. POPJAM does not currently participate in any alternative dispute resolution scheme or online dispute resolution platform for consumer complaints, except as required by law.

14. Changes to the Terms

We may update or modify these Terms from time to time. If we make material changes, we will provide notice to you by posting the updated Terms on our website and updating the “Last Updated” date above. In some cases, we may provide additional notice, such as via email or within the platform. Continued use of the Services after the effective date of the updated Terms constitutes your acceptance of the changes. If you do not agree to the revised Terms, you should stop using the Services and, if applicable, cancel your subscription. No modification or amendment to these Terms by you will be effective unless in writing and signed by an authorized representative of POPJAM.

15. Miscellaneous

Entire Agreement: These Terms (together with any Order Form or subscription agreement and our Privacy Policy) constitute the entire agreement between you and POPJAM concerning the Services and supersede all prior or contemporaneous communications, whether electronic, oral or written, between you and us with respect to the Services.

Severability: If any provision of these Terms is held to be invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the remaining provisions of these Terms will remain in full force and effect.

No Waiver: Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. Any waiver must be in writing to be effective.

Assignment: You may not assign or transfer these Terms or any rights or obligations herein, by operation of law or otherwise, without our prior written consent. POPJAM may assign or transfer these Terms, in whole or in part, to any third party in connection with a merger, acquisition, reorganization, or sale of assets, or by operation of law or otherwise, and you hereby consent to such assignment. These Terms shall bind and inure to the benefit of the parties, their successors, and permitted assigns.

Relationship of Parties: You and POPJAM are independent contractors, and these Terms do not create a partnership, franchise, joint venture, agency, fiduciary, or employment relationship. Neither party has the authority to bind or act on behalf of the other.

Notices: POPJAM may send you notices, including those regarding changes to these Terms or to the Privacy Policy, by email (to the address associated with your account), by regular mail, or by postings on our website or within the platform. You may send any notices to POPJAM at the contact information provided below.

POPJAM OÜ (Registry code 17381868)
Sepapaja tn 6, Lasnamäe linnaosa, Tallinn 15551, Estonia
Email: info@popjam.io