These Terms of Service ("Terms") constitute a legally binding agreement between you ("you," "your," or "user") and Popsense Inc ("we," "us," "our," or "Company"), governing your access to and use of the Popsense Inc AI platform and all related services, software, websites, and documentation (collectively, the "Services").
By creating an account, accessing, or using any part of the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you are using the Services on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms, and in such case, "you" and "your" refer to that organization. If you do not agree to these Terms, you may not access or use the Services.
Popsense Inc operates an enterprise AI platform designed to support exchange operations and internal business workflows. The Services include, but are not limited to:
We reserve the right to modify, suspend, or discontinue any aspect of the Services at any time, with or without notice, subject to applicable law.
To access certain features of the Services, you may be required to create an account. You agree to:
We reserve the right to suspend, disable, or terminate your account if any information provided is found to be inaccurate, incomplete, or misleading, or if you violate any provision of these Terms.
You agree not to use the Services to:
We reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates this Acceptable Use Policy.
All content, features, functionality, software, algorithms, and intellectual property embodied in or displayed through the Services are and shall remain the exclusive property of Popsense Inc and its licensors. These Terms do not grant you any ownership rights in the Services or any content made available through them.
You retain ownership of all data, content, and information you submit, upload, or transmit through the Services ("User Content"). By submitting User Content, you grant us a non-exclusive, worldwide, royalty-free license to use, copy, store, transmit, and process such User Content solely for the purpose of providing and improving the Services.
You represent and warrant that you own or have the necessary rights to submit your User Content, and that such submission does not violate any third-party intellectual property or proprietary rights.
Certain aspects of the Services may be provided for a fee. If you purchase a paid subscription or any paid feature, you agree to pay all applicable fees as described on our website or in a separate written agreement. All fees are:
You authorize us to charge the payment method you provide for all fees. If your payment fails or is declined, we reserve the right to suspend or terminate your access to paid Services until payment is received.
You acknowledge that during your use of the Services, you may have access to confidential information of Popsense Inc, and we may have access to your confidential information ("Confidential Information"). Both parties agree to:
This confidentiality obligation does not apply to information that: (a) is or becomes publicly available through no fault of the receiving party; (b) was known prior to disclosure; (c) is independently developed without use of Confidential Information; or (d) is disclosed pursuant to a valid legal order or obligation.
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
We do not warrant that the Services will be uninterrupted, error-free, secure, or free of bugs, viruses, or other harmful components. We make no representations about the accuracy, reliability, or completeness of any output generated by the AI models within the Services. You acknowledge that AI-generated content may contain errors, inaccuracies, or omissions, and you should verify all outputs before relying on them for any consequential decision.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL POPSENSE INC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (A) YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) THE SERVICES; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY; (C) ANY CONTENT OBTAINED FROM THE SERVICES; OR (D) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.
IN NO EVENT SHALL POPSENSE INC'S TOTAL LIABILITY ARISING FROM OR RELATED TO THE SERVICES EXCEED THE AMOUNT PAID BY YOU (IF ANY) IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
You agree to indemnify, defend, and hold harmless Popsense Inc and its officers, directors, employees, contractors, agents, licensors, suppliers, and affiliates from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or in any way connected with: (a) your access to or use of the Services; (b) your violation of these Terms; (c) your violation of any third-party right, including any intellectual property, privacy, or proprietary right; or (d) your User Content.
These Terms remain in effect until terminated. We may terminate or suspend your access to the Services immediately, without prior notice or liability, for any reason, including but not limited to: (a) breach of these Terms; (b) request by law enforcement or governmental authority; (c) discontinuation or material modification of the Services; or (d) extended periods of inactivity.
Upon termination, your right to use the Services will cease immediately. Sections that by their nature should survive termination shall survive, including but not limited to: Intellectual Property Rights, Disclaimers & Limitations of Liability, Indemnification, Confidentiality, and Governing Law.
These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law principles. Any dispute arising from or relating to these Terms or your use of the Services shall first be attempted to be resolved through good-faith negotiation. If negotiation fails within 30 days, the dispute shall be submitted to binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules.
You agree that by entering into these Terms, you and Popsense Inc are each waiving the right to a trial by jury or to participate in a class action lawsuit or class-wide arbitration. All arbitration proceedings shall take place in the State of Delaware. If arbitration is not permitted by applicable law, the dispute shall be resolved exclusively in the state or federal courts located in Delaware, and you hereby consent to the personal jurisdiction of such courts.
We reserve the right to modify these Terms at any time. If we make material changes, we will notify you by posting the updated Terms on this page with a revised "Last updated" date, or through other reasonable means such as email notification. Your continued use of the Services after any such changes constitutes your acceptance of the revised Terms. We encourage you to review these Terms periodically for the latest information.
If you have any questions about these Terms of Service, please contact us:
Popsense Inc
Attn: Michael JBell, President
161wy Coastal Highway
Lewes, Delaware, USA
Email: yunmuzhou94@gmail.com