Terms of Service

Last Updated: April 20, 2026

Welcome to PopMakerThis Terms of Service (“Agreement” or “Terms”) is a binding agreement between you (“User” or “You”) and Chongqing Cuyi Technology Co., Ltd (“Company,” “We,” or “Us”), with its office address at No. 26, Honghu West Road, Yubei District, Chongqing City, China, concerning your use of the websites where this Agreement is posted, the PopMaker mobile application (the “App”) and related services (collectively, the “Services”).

THESE TERMS CONTAIN VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIABILITIES, LIMITATIONS, DISCLAIMERS OF WARRANTIES, DISPUTE RESOLUTION AND EXCLUSIONS THAT MIGHT APPLY TO YOU. THESE TERMS ALSO CONTAIN PROVISIONS REGARDING THE AUTOMATIC RENEWING OF YOUR SUBSCRIPTION.  PLEASE READ THEM CAREFULLY.

1. Scope and Acceptance of the Agreement

1.1 Scope of the Agreement

This Agreement governs your use of the Services  provided by us. Any supplemental terms, policies, rules, or guidelines posted on the App or website regarding the Services, including but not limited to the Privacy Policy, are hereby incorporated by reference.

1.2 User Eligibility

OUR SERVICE IS NOT AVAILABLE TO INDIVIDUALS UNDER THE AGE OF 18.  IF YOU ARE UNDER THIS AGE LIMIT, PLEASE DO NOT USE OUR SERVICES. If you are over the age of 18 but under the legal age of majority in the jurisdiction in which You reside (at least 18 years of age in many countries or regions), you must review this Agreement with your parent or guardian to ensure they understand and agree to these terms.  If you are entering into this Agreement on behalf of Your company, organization, educational institution, or agency, instrumentality, or department of the federal government, that You have the right and authority to legally bind such entity or organization to the terms and obligations of this Agreement.

 Additionally, our Services can only be accessed in regions where the Apple App Store and Google Play Store are available. It is your responsibility to ensure that your use complies with local laws and regulations. If you have been previously banned or restricted by PopMaker, you are prohibited from accessing the Services.

1.3 Acceptance

BY DOWNLOADING, INSTALLING, OR OTHERWISE ACCESSING OR USING THE SERVICES, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT DOWNLOAD, INSTALL, OR USE THE APP.

2. License and Account

2.1 License Grant

Subject to your compliance with this Agreement,  and your payment of the applicable subscription fees, we hereby grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download, install, and use the App on a permitted device owned or controlled by you, solely for your personal, non-commercial use.

Except as expressly permitted by these Terms and the terms applicable to the mobile application store where we make the applicable App available, you cannot: (a) rent, lease, lend, sell, distribute, sublicense, or otherwise transfer or make available the Service; or (b) copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, alter, mimic, adapt, translate, or create derivative works of the Service, any updates, content or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open source components included with the Services).

2.2 Account Management and Security

● Your account will be associated with your usage records, virtual items, subscription information and payment details.

● Account Deletion:If you request to delete your account, all related data will be permanently deleted and cannot be recovered. We shall not be liable for any loss resulting from such deletion.

● You understand and agree that we shall not be liable for any loss, damage, or unauthorized access to your account resulting from causes not attributable to us, including but not limited to: improper account management, third-party hacking, device compromise, or disclosure of login credentials by the user. You are solely responsible for maintaining the security of your account and any associated login information.

● You may not trade, sell, lend, or otherwise transfer your account to others.

● We reserves the right to suspend or terminate your account if you violate this Agreement or applicable laws, or if necessary for security or operational reasons.

3. Payment Terms, Subscriptions, and Refund Policy

3.1 General Payment Terms (Free and Paid Services)

● The App may offer both free and paid services. Access to premium features is granted upon payment of the required fees.

● We reserves the right to modify its fee structure and payment methods at any time. Changes will be displayed on the Service page. Your purchase constitutes clear acceptance of the current fee standards and methods.

● We may occasionally offer promotions or discounts. These offers are time-limited and may include conditions such as first-time use or activation within a specified time frame (e.g., one hour after account creation). We reserve the right to modify or discontinue promotional offers at any time.

3.2 Subscriptions and Automatic Renewal

● We offer subscription plans (e.g., weekly, annual) to access premium features ("Subscription").

● Automatic Renewal: By purchasing a Subscription, you agree that your Subscription will automatically renew at the end of each billing period (e.g., month, year) for the same duration, and you irrevocably authorize us (or the third-party payment processor, e.g., Apple/Google) to charge your designated payment method for the renewal fee at the then-current price until you cancel the Subscription.

3.3 Cancellation of Automatic Renewal

● To avoid renewal charges, you must cancel your Subscription at least 24 hours before the end of the current billing period.

● Cancellation Process:

○ iOS Devices (App Store): Go to your device's "Settings" select the PopMaker subscription, and choose "Cancel Subscription".

○ Android Devices (Google Play): Open the Google Play Store appTap the profile icon "Payments & subscriptions" select the PopMaker subscription, and choose "Cancel subscription."

● Canceling your Subscription will stop the automatic renewal, but your access to the premium features will continue until the end of the current paid term.

● You understand that directly removing the App from your device, does not imply the deactivation of the subscription plan.

3.4 One-Time Purchases

The App may offer services or features available for a one-time fee ("One-Time Purchase"). These purchases do not automatically renew.

3.5 Refund Policy

● App Store/Google Play Purchases: All payments made through the Apple App Store or Google Play Store are subject to their respective refund policies. You must contact the relevant store directly to request a refund for those purchases.

     For further information regarding a refund request to Apple check the following     link: https://support.apple.com/en-us/HT204084.

For further information regarding a refund request to Google check the following link: https://support.google.com/googleplay/answer/2479637?hl=en

● Developer Refund Policy: EXCEPT AS REQUIRED BY APPLICABLE LAW OR THE RESPECTIVE APP STORE POLICY, ALL FEES PAID FOR SUBSCRIPTIONS AND ONE-TIME PURCHASES ARE NON-REFUNDABLE.

4. USER OBLIGATIONS

By accessing or using the Services, you agree to comply with all obligations outlined in these Terms. Your use of the Services is conditioned upon your adherence to the following requirements (including but not limited to):

4.1 You agree to use the Services only for lawful purposes and in accordance with all applicable laws, regulations, and these Terms. You may not use the Services for any unlawful, fraudulent, or malicious activities, including but not limited to harassment, stalking, defamation, or identity theft.

4.2 The Services are provided solely for your personal, non-commercial use. You are prohibited from reselling, distributing, or sharing information obtained through the Services with any third party without our prior written consent.

4.3 You are responsible for providing accurate, current, and complete information and throughout your use of the Services. Misrepresentation of your identity, purpose, or other relevant details is strictly prohibited and may result in the suspension or termination of your account.

4.4  You may not attempt to gain unauthorized access to the Services, servers, or databases, nor may you interfere with or disrupt the proper functioning and/or that may affect the availability, security and/or integrity of the App. This includes but is not limited to using automated tools, bots, or scripts to access or extract data, reverse-engineering the APP, deploying malware or other harmful software or including the App into another third party service or website to make it available via framing or mirrors.

4.5  You acknowledge and agree to abide by all disclaimers, warnings, and limitations provided within these Terms. This includes understanding the inherent limitations of the data and the permissible uses of the Services.

4.6  You may not to impersonate another individual on behalf of a third person (unless you have their express written permission);

4.7  You may not to breach the Company’s intellectual property rights, this includes but is not limited to, using, modifying, creating derivative works of, transfering (by sale, resale, license, sublicense, download or otherwise), reproducing, distributing, displaying or disclosing any of the contents of the Services, without prior written authorisation from the Company.

4.8 You may not use the Services in any manner that violates or infringes upon the rights of r third parties.  

Failure to adhere to these obligations constitutes a breach of these Terms and may result in the suspension or termination of your account, as well as potential legal action. By using the Services, you accept full responsibility for your actions and agree to indemnify us against any claims, damages, or liabilities arising from your misuse of the Services. You further acknowledge that you are solely responsible for ensuring that your use of the Services is lawful and compliant with all applicable laws.

5. User-Generated Content (UGC) and AI Features

5.1 Ownership and License Grant

● The App may allow you to create, submit, post, or generate content, including content generated using AI features, such as text prompts, images, or data ("UGC"). You retain all ownership rights in your UGC.

● By submitting UGC, you grant us a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the UGC in connection with the Services and our (and our successors' and affiliates') business. This includes using UGC to develop, test, and improve our Services, including training our AI models.

5.2 UGC Restrictions

You agree that your UGC will not:

● Violate any applicable local, national, or international law or regulation;

● Infringe upon the intellectual property rights, privacy rights, or publicity rights of any third parties;

● Contain  materials or information that is tortious, trade libelous, defamatory, false, or intentionally misleading, that is harassing, abusive, threatening, harmful, vulgar, obscene, or offensive, or that contains pornography, nudity, or graphic or gratuitous violence, or that promotes violence, racism, discrimination, bigotry, hatred, or physical harm of any kind against any group or individual, or is otherwise objectionable, that is harmful to minors in any way;

● constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, "junk mail," "spam," "chain letters," "pyramid schemes," "contests," "sweepstakes," or any other form of solicitation;

● Impersonate any person or entity, or misrepresent your affiliation with any person or entity;

● Contain any viruses or any other computer code, files or programs, corrupted data or other harmful, disruptive or destructive files or content designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.

In the case of AI-generated content (AI-Gen Content), you are solely responsible for ensuring that the prompts and the resulting content comply with all laws and this Agreement.

You agree that you:

● Will not use AI-generated content for unlawful, defamatory, infringing, harmful, or misleading purposes;

● Will not use the AI Features to generate content that violates applicable laws, third-party rightsincluding intellectual property, privacy, publicity, or other rights, platform policies (including Apple App Store and Google Play policies), or community standards;

● Are solely responsible for reviewing, editing, moderating, and verifying AI-generated outputs before public use or publication.

● Where AI-generated content is shared publicly, you are responsible for compliance with applicable content labeling and transparency laws, if required.

We reserve the right, but are not obligated, to monitor, review, screen, and remove any UGC created or shared through the App, at any time and for any reason, without prior notice, if we deem such content to be in violation of this Agreement or applicable law. Howeverwe does not guarantee that all inappropriate or unlawful content will be identified or removed.  You may report inappropriate content through in-app reporting mechanisms.

5.3 AI Functionality Disclaimer

The App may include features utilizing Artificial Intelligence (AI) to generate images and videos or provide text responses. YOU ACKNOWLEDGE AND AGREE THAT AI-GENERATE CONTENT IS BASED ON ALGORITHMS AND TRAINING DATA, AND THE RESULTS MAY BE INACCURATE, OFFENSIVE, HARMFUL, OR OTHERWISE INAPPROPRIATE. WE DOES NOT GUARANTEE THE ACCURACY, QUALITY, OR LEGALITY OF ANY AI-GEN CONTENT AND DISCLAIMS ALL LIABILITY FOR YOUR USE OF SUCH CONTENT. YOU ARE SOLELY RESPONSIBLE FOR EVALUATING THE ACCURACY, APPROPRIATENESS, AND LEGALITY OF ANY AI-GENERATED OUTPUT BEFORE RELYING ON OR DISTRIBUTING IT.

6. Third Party Services

The Services may contain links to external websites and resources provided by third partiesThird Party Services.  The inclusion of any link does not imply endorsement, approval, or control by us of the external site or its contents. These third-party services have their own terms and conditions and privacy policies, which we do not govern or endorse.

When you access third-party websites, you do so at your own risk. You acknowledge that different terms of use and privacy policies may apply to your use of such third-party services and content. We encourage you to review the terms and privacy policies of any third-party website or service that you visit.

We shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, goods, or services available on or through any such third-party websites or services. We do not guarantee the accuracy, completeness, or usefulness of any information on third-party websites and do not warrant the safety or legality of any third-party website or service.

The presence of links to third-party websites does not constitute an affiliation with, endorsement of, or sponsorship by us of those websites, their operators, or the content, products, or services contained or accessible through those websites. We reserve the right, at any time and without notice, to add to, change, update, or modify our Services, including the removal or alteration of any third-party links. However, we do not have any obligation to review, monitor, check, or remove any third-party content or websites.

7. Intellectual Property Rights

The App itself and all the elements contained within this App, whether it be texts, articles, descriptions, trademarks, images, graphics, sounds, videos, brands, logos, copyright, database rights, interactive features or any other element, its structure and design, the selection and presentation of the content and elements included therein, and the software necessary for its operation, access and utilization are the property of us or the partners with whom we have obtained the corresponding licenses. All the elements of the present App are protected by intellectual property rights that must be respected by the User.

The download and/or use of the App does not under any circumstance transfer the Company’s intellectual property rights to the User. The User is only granted access with a worldwide, limited, non-exclusive, non assignable, non-sublicensable, revocable license to access and use the app for his/her personal use. However, such a license does not give the User the right to and therefore should not attempt to: Reproduce, copy, distribute, publicly communicate or display, transform, modify the App or our trademarks in any way or, in general, make use of any of the protected elements of this App for commercial purposes or not, without our prior written consent. You are not allowed to and therefore not attempt to extract the source code of the App. Any of the aforementioned actions are expressly and totally forbidden and will cause the termination of the license granted to you.

Note that we reserve all intellectual property rights that are not expressly indicated in these Terms of Service and that correspond to us in accordance with the currently applicable laws and regulations.

We reserve the right to take any and all necessary legal actions, including compensation for direct and indirect damages, at our disposal that will be considered appropriate for the best defense of our legitimate rights and interests, in the event of an infringement of our intellectual property rights.

9. Liability for Breach of Agreement

9.1 Handling of Breach
If we discovers or receives reports of any breach of this Agreement by you, we have the right to make an independent judgment in accordance with the law and take technical measures to delete, block, or disconnect the relevant information. At the same time, we have the right to take measures against you according to the nature of your behavior, including but not limited to suspending or terminating part or all of the Service, suspending or terminating your account, and pursuing your legal liability. We shall not be required to refund any fees to you. You shall bear all losses arising therefrom. If your breach causes losses to us, you shall also compensate for such losses (including but not limited to direct economic losses, damage to goodwill, and reasonable legal expenses such as compensation, settlement fees, attorney fees, and litigation fees paid to third parties) .

9.2 Handling of Third-Party Damages

If any of your behaviors in violation of this Agreement causes damage to any third party, you shall bear full responsibility independently. If we suffers losses as a result, you shall also compensate for such losses.

10. Disclaimer of Warranties and Limitation of Liability

10.1 Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. We do not warrant that the Services will be uninterrupted, error-free, secure, or free of harmful components.

10.2 Limitation of Liability

● TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE, OUR AFFILIATES, DIRECTORS, OR EMPLOYEES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES.

● OUR TOTAL LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE SERVICES IS LIMITED TO THE AMOUNT YOU ACTUALLY PAID TO US FOR THE SERVICES IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

● YOU AGREE THAT, NOTWITHSTANDING ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES, OR TO THESE TERMS, MUST BE FILED WITHIN ONE YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.

●  YOU AGREE TO INDEMNIFY AND HOLD HARMLESS US AND OUR AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, SUPPLIERS, LICENSORS, SUCCESSORS AND ASSIGNS, FROM AND AGAINST ANY LOSS, DAMAGES, COST, EXPENSE (INCLUDING LEGAL FEES) OR OTHER LIABILITY ARISING OUT OF ANY CLAIM, DEMAND, ALLEGATION, PROCEEDING OR OTHER CAUSE OF ACTION BROUGHT BY ANY THIRD PARTY DUE TO OR ARISING FROM YOUR ACCESS OR USE OF THE SERVICES, YOUR USER CONTENT, YOUR BREACH OF THESE TERMS, YOUR VIOLATION OF ANY RIGHTS OF ANOTHER PERSON OR ENTITY, OR FROM ANY FALSE OR MISLEADING REPRESENTATION ON YOUR PART.

11. WAIVER.

The failure or delay of us in exercising any right, remedy, power, or privilege under these Terms shall not constitute a waiver thereof. Similarly, any single or partial exercise of any right, remedy, power, or privilege hereunder shall not preclude further exercise of the same or of any other right, remedy, power, or privilege.

Any waiver by us of a breach of any provision of these Terms shall only be effective if it is in writing and signed by an authorized representative. A waiver of any term or provision shall not be construed as a waiver of any subsequent breach or default, whether of a similar nature or otherwise.

 IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE SECTION 1542 OF THE CALIFORNIA CIVIL CODE, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.” IF YOU ARE A RESIDENT OF ANOTHER JURISDICTION, YOU WAIVE ANY COMPARABLE STATUTE OR DOCTRINE.

12. Governing Law and Dispute Resolution

12.1 Governing Law

This Agreement and any dispute or claim arising out of or in connection with it (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the People's Republic of China (excluding its conflict of law principles). If you are a consumer resident in the European Union, these Terms will not affect the mandatory laws and statutory consumer rights of your country of residence.

12.2 Dispute Resolution

Any dispute, controversy, difference, or claim arising out of or relating to this Agreement shall first be resolved through friendly consultation. If the parties are unable to resolve the dispute through consultation, YOU AGREE TO SUBMIT THE DISPUTE OR CONTROVERSY TO THE PEOPLE’S COURT OF LIANG JIANG NEW AREA, CHONGQING CITY, CHINA,WHICH  LOCATED IN THE COMPANY'S PLACE OF INCORPORATION.

13. Changes to the Terms and the Services

We may update these Terms from time to time, in our sole discretion (for example, when we remove or release new features, technologies, or services, to comply with legal, regulatory, or contractual requirements, or in response to exceptional or unforeseen circumstances). In such cases, we will take reasonable measures to inform you, in accordance with the significance of the changes performed, for example, by revising the date at the top of the updated Terms, via email or as a pop-up or push notification within the Service. It is your responsibility to review the Terms regularly, and to check the Service for updates to these Terms regularly. Unless otherwise noted, the updated Terms will be effective as of the time at which we post the updated Terms in the Service. By continuing to access or use our Service after updates become effective, you agree to be bound by the updated Terms. If you do not agree to the updated Terms, you must immediately stop using our Service, uninstall and delete any copies of any Apps or any software included in the Service in your possession, and cancel your subscription and any account.

We may also update, change, suspend or discontinue the Service (or any part, content or feature) at any time, without notice and without liability to you or anyone else (for example, to offer or test new or different features, technologies, or services, to repair, improve or further develop the Service, to comply with legal, regulatory or contractual requirements, or in response to exceptional or unforeseen circumstances).

Some services and features may not be available in all countries, in all languages, or in all operating systems.

14. Miscellaneous

● If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

● These Terms, including any additional policies or agreements incorporated by reference, constitute the entire agreement and understanding between  you and us, superseding all prior or contemporaneous communications, proposals, understandings, agreements, or representations, whether oral or written, between the parties regarding the subject matter herein.

● Any modifications, amendments, or supplements to these Terms must be made in writing and signed by us. No oral modifications or agreements shall be valid.

● Any provision that, by its nature, should survive termination or expiration, shall survive termination or expiration, including but not limited to provisions governing intellectual property, limitation of liability, disclaimer, dispute resolution, and governing law.

 

15. Notice & Contacts

15.1 Service of notice

Under this agreement, all of our notifications to you can be made through web announcements, emails, system notifications, private message, mobile phone text message or regular letter transmission, etc., and such notifications are deemed to have been delivered to the recipient on the day of sending.

15.2 Contact us

If you have any questions, concerns, or feedback regarding these Terms, our Services, or any of our products or services, please feel free to contact us through any of the following channels:

Online mailbox: cqcuyi2024@gmail.com

Mailing information: Chongqing Cuyi Technology Co., Ltd

Address: No. 26, Honghu West Road, Yubei District, Chongqing City, China.