Before you use PicPop (as defined below),YENLING PRIVATE LIMITED advises you to carefully read and make sure you understand the provisions of this PicPop Service Agreement (the “Agreement”), especially those Sections that are underlined and in bold, which might exclude or limit the liabilities of YENLING PRIVATE LIMITED or highlight your obligations. If you are under 18, you must have permission from your legal guardian before you are permitted to use PicPop. If you have any questions about this Agreement, or you are unwilling to accept this Agreement in whole or in part, please cease using PicPop immediately.
1. Scope of this Agreement: This Agreement is made between you and YENLING PRIVATE LIMITED(Singapore) Pte. Ltd. (“YENLING PRIVATE LIMITED”, “we”, “us” or “our”) for your use of PicPop. This Agreement incorporates the Privacy Policy. We may update this Agreement from time to time at its sole and absolute discretion, including, without limitation, making any updates to satisfy business, legal or policy requirements. If you are unwilling to accept all or part of the provisions of any future updated version of this Agreement, you must not use or must immediately cease your use of PicPop. Because PicPop is evolving over time, we may change or discontinue all or any part of PicPop at any time and without notice, at our sole and absolute discretion. If you continue to use PicPop after we have posted updated version of this Agreement, you are agreeing to be bound by the updated version of this Agreement.“PicPop” is a software product developed, operated and managed by YENLING PRIVATE LIMITED. Under this Agreement, “PicPop” refers to the PicPop mobile applications (the “App”), the website set up by YENLING PRIVATE LIMITED for PicPop, and other services provided byYENLING PRIVATE LIMITED as part of the App and/or the website.
2. Protection of User Information and Personal Information: It is a fundamental principle of YENLING PRIVATE LIMITED to protect your user information and personal information. You agree that we will collect, use, store, manage and protect your user information and personal information in accordance with the provisions of this Agreement and the Privacy Policy.If you are unwilling to accept or have any question related to the Privacy Policy in whole or in part, please do not use or do cease using PicPop immediately and you may contact us via the contact details as first written above.
3. Non-commercial Use of PicPop: You agree to use PicPop in a reasonable and legal manner in accordance with this Agreement. Unless otherwise stipulated, you may only view, share, store, use, transmit and post photos, and other content for your personal and non-commercial purposes, and you may not transfer your rights under this Agreement, whether for consideration or free of charge, without the prior written consent of YENLING PRIVATE LIMITED.
4. Your Use of PicPop: You shall be fully responsible for your use of PicPop and for your User Content (as defined below). You shall not produce, store or post any following information via PicPop:
i. photo or other content that contains gambling, violence, discrimination, nudity, eroticism or sexual innuendo;
ii. information that infringes the legitimate rights of others, including, but not limited to, the reputation right, portraiture right, privacy right and intellectual property rights;
iii. information that contains content defaming, coercing, humiliating, abusing, harassing, threatening, palming off/passing off or intimidating another person or entity, or personal information of another person or entity including, but not limited to, credit card information, ID number, telephone number or email address;
iv. information that creates unfair competition, including, but not limited to, content with ownership/intellectual property rights markings that have been tampered with, added, deleted or removed, and unauthorized content;
v. information that violates the terms of this Agreement, laws, rules, regulations, policies, and information that disturbs YENLING PRIVATE LIMITED’s normal operation;
vi. information that contains unsolicited or unauthorized advertising, promotional materials, email, spam or other form of solicitation;
vii. information that helps or encourages others to do any of the above; or
viii. information that is otherwise deemed inappropriate by us.
Although we are not obligated to monitor access to or use of PicPop or to review or edit any User Content, we have the right to do so for the purpose of operating PicPop, to ensure compliance with this Agreement and to comply with applicable law or other legal and regulatory requirements. We reserve the right, but are not obligated, to remove or disable access to any Content, at any time and without notice, including, but not limited to, if we, at our sole and absolute discretion, consider any Content to be objectionable or in violation of this Agreement. We have the right to investigate violations of this Agreement or conducts that affect the operation of PicPop.
If you violate this Agreement, you agree that YENLING PRIVATE LIMITED may, at its sole and absolute discretion or as required by applicable laws, rules, regulations and policies, and without notice to you, take any action deemed appropriate by YENLING PRIVATE LIMITED, including, without limitation: (i) suspending or terminating your access to and use of PicPop; (ii) ceasing to provide you with any services related to PicPop; and (iii) taking measures to restrict your access to your account.
Also, in the event that you encounter any inappropriate content generated by PicPop on any online platform, we encourage you to reach out to us using the contact information provided in Section 9 to report such instances. We will take appropriate actions to address the issue promptly.
We are entitled to charge fees for certain premium contents or features (if any), such as filters, templates, stickers, and other virtual goods, that you may use with PicPop (collectively, the “Virtual Goods”) via our subscription service (the “Subscription Service”). Subscription period will depend on the type of subscription that you choose when you sign up for the service (the “Subscription Period”). You agree that the Virtual Goods are not transferrable to anyone else and you will not transfer or attempt to transfer any Virtual Goods to anyone else
You agree that any Virtual Goods purchased or Subscription Service and membership subscribed by you through the App downloaded from one app store (such as Google Play Store or App Store) cannot be recognized and used on the same App downloaded from another app store, and vice versa. This means that, you will not be able to transfer or carry over any Virtual Goods or Subscription Service or membership that you have purchased or subscribed for, between the same App if downloaded from different app stores.
You acknowledge that you do not own the Virtual Goods but instead, we grant you a limited, personal, revocable, non-exclusive, non-transferable and non-sublicensable license to use them for personal use in accordance with the terms of this Agreement and only within PicPop.
You are only allowed to obtain the Virtual Goods from us through using PicPop, and not in any other way. You may not:
i. transfer the Virtual Goods to anyone else;
ii. use the Virtual Goods other than as expressly provided by the license you purchased with respect to such Virtual Goods;
iii. use the Virtual Goods in a pornographic, defamatory or deceptive context, or in a manner that could be considered inappropriate, libelous, obscene or illegal;
iv. use the Virtual Goods in any way that allows others to download, extract, resell or redistribute content as a standalone file;
v. use the Virtual Goods (in whole or in part) as the distinctive or distinguishing feature of a trademark, design mark, trademark, business name, service mark, or logo. Additionally, you shall not be entitled to register (in any jurisdiction) such Virtual Goods (in whole or in part) as a trademark or rely on any such registrations, prior use, and/or accrued goodwill to prevent any third party use of the Virtual Goods or any similar content (including by us, our customers, or the copyright owner of such content);
vi. falsely represent that you are the original creator of the content that is made up largely of licensed Virtual Goods;
vii. portray any person depicted in the Virtual Goods (“Model”) in a way that a reasonable person would find offensive, including but not limited to depicting a Model (a) in connection with pornography, “adult videos”, adult entertainment venues, escort services, dating services, etc.; (b) in connection with the advertisement or promotion of tobacco products; (c) in a political context; (d) as suffering from, or medicating for, a physical or mental ailment; or (e) engaging in immoral or criminal activities.
Subject to our compliance with applicable laws, rules, regulations and policies, we may at any time control, regulate, change or remove any Virtual Goods without any liability to you and/or revise the pricing for the Virtual Goods.
By purchasing and/or using the Virtual Goodsand our Subscription Service, you confirm that you have read and agreed to be bound by this Agreement and any additional terms presented to you that are applicable to the Virtual Goods (the “Additional VG Terms”).
We may from time to time at our sole and absolute discretion update this Agreement and/or the Additional VG Terms without providing any notice to you. If you are unwilling to accept this Agreement or the Additional VG Terms (including all or part of the provisions of any future updated version of this Agreement and the Additional VG Terms), you must immediately cease your use of the Virtual Goods or Subscription Service.
We may change or discontinue all or any part of the Virtual Goods or Subscription Service, at any time and without notice, at our sole and absolute discretion, including, without limitation, making adjustments/improvements to our Subscription Service or the Virtual Goods based on our product planning and the country or area you are in.
You can cancel your subscription at any time and you will continue to have access to the Subscription Service through the end of the Subscription Period. To the extent permitted by the applicable laws, payments are non-refundable and we do not provide refunds or credits for any partial Subscription Periods or unused PicPop content. To terminate the Subscription Service, please go to:
i. “Settings – App Store – Apple ID – Account Settings – Subscriptions” on your iOS device. By selecting PicPop, you are entitled to terminate our Subscription Service. For more information on how to manage your subscriptions, please refer to Apple Support at: https://support.apple.com/en-hk/HT202039; or
ii. “Google Play app – profile icon – Payments & subscriptions – Subscriptions” on your Android device. By selecting PicPop, you are entitled to terminate our Subscription Service. For more information on how to manage your subscriptions, please refer to Google Play Help at: https://support.google.com/googleplay/answer/7018481?hl=en&co=GENIE.Platform%3DAndroid#zippy=%2Ccancel-a-subscription-on-the-google-play-app.
If you cancel your subscription, your access to the Subscription Service will automatically be terminated at the end of the Subscription Period.
By signing up for our Subscription Service, you agree that your subscription will be automatically renewed at the end of each paid Subscription Period, unless you cancel it, and you authorize us to charge your billing account associated with your app store account (the “Billing Account”) for the renewal term. The auto-renewal may be turned off by the user in his/her app store account settings following the first payment of the subscription fees. Deleting the App from the device does not necessarily result in cancellation of the Subscription Service. To cancel your Subscription Service, please refer to the section of “Cancellation” above.
Where an auto-renewal subscription is offered, the purchase offer will indicate the subscription’s duration, price and terms of payment. The following conditions apply with respect to our auto-renewal Subscription Service:
i. payments will be charged to user’s Billing Account at confirmation of purchase, without the requirement of user’s password, SMS verification etc.;
ii. the subscription of our Subscription Service will automatically renew, unless the user cancels the auto-renewal of the Subscription Service at least 24 hours before the end of the current billing cycle (on app store). Cancellation of a subscription and/or of auto-renewal will not entitle user to any refunds; and
iii. User’s Billing Account will be charged for renewal within 24 hours prior to the end of the current Subscription Period. Once the payment has put through, you shall be eligible to our Subscription Service for the relevant Subscription Period. If your Billing Account balance is insufficient to pay for the subscription fee, we shall conduct a second automatic deduction from your Billing Account within the same day. If your Billing Account balance is still insufficient to settle the subscription fee of the upcoming cycle, we shall cease to provide you with our Subscription Service. Any transaction costs, local tax charges or other fees relating to the processing of your payment method incurred in relation to the above charges shall be borne by you.
Definitions. For purposes of this Agreement: (i) “Content” means text, photos, images, graphs, and other information, materials or content, works of authorship of any kind, and information or other materials that are generated, provided or otherwise made available through PicPop; (ii) “YENLING PRIVATE LIMITED Content” means any Content that is, either directly or indirectly, posted, generated or otherwise made available to users of PicPop (including you) through PicPop by YENLING PRIVATE LIMITED, including, without limitation, product features built into PicPop such as filters, fonts, text, special effects, stickers, borders, backgrounds and templates music; and (iii) “User Content” means any Content uploaded or provided by users of PicPop and to be made available through PicPop, but excluding any YENLING PRIVATE LIMITED Content (or derivatives thereof).
Content Ownership. YENLING PRIVATE LIMITED does not claim any ownership rights in any User Content and nothing in this Agreement will be deemed to restrict any rights that you may have to use and exploit your User Content. Subject to the foregoing, we and our licensors exclusively own all right, title and interest in and to the YENLING PRIVATE LIMITED Content and all associated intellectual property rights. You acknowledge that PicPop and the YENLING PRIVATE LIMITED Content are protected by copyright, trademark, and other applicable laws. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying PicPop or YENLING PRIVATE LIMITED Content. For greater certainty, if you incorporate any YENLING PRIVATE LIMITED Content into your User Content (for example, images, designs or filters that we provide that you add to User Content you create or share), we will retain all rights, title and ownership to the YENLING PRIVATE LIMITED Content and any derivatives thereof.
Your Responsibility for your User Content. You are solely responsible for all your User Content. You represent and warrant that you own all your User Content. You also represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through PicPop, nor any use of your User Content by YENLING PRIVATE LIMITED on or through PicPop will infringe, misappropriate or violate any third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable laws, rules or regulations.
User Content storage and sharing. PicPop is a photo-editing application and do not provide any backup services. You agree that you will not rely on the Services for the purposes of User Content backup or storage. To the maximum extent permitted under applicable laws, we will not be liable to you for any modification, suspension or discontinuation of the Services.
Removal of User Content. You can delete your User Content at any time. However, in certain instances, some of your User Content may not be completely removed, and copies of your User Content may continue to exist on PicPop or outside of PicPop. In addition, User Content you delete may persist for a limited and short period of time in backup copies. We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content on your device. Further, where your User Content is publicly available (such as photos you shared to any other third party platforms), you acknowledge that YENLING PRIVATE LIMITED cannot control whether people will copy or reproduce such User Content and how they are going to use such copies of such User Content, and YENLING PRIVATE LIMITED has no responsibility in this regard. You agree to the maximum extent permitted under applicable laws, that you will not have any claims against YENLING PRIVATE LIMITED arising from or relating to third parties using image, design, video and other materials that derive from or are based on your User Content in any form, including, in particular, publishing on the Internet. Although we have no obligation to screen, edit or monitor User Content, YENLING PRIVATE LIMITED shall also have the right to delete or remove any User Content in its sole and absolute discretion and without notice to you.
Rights in Content Granted by YENLING PRIVATE LIMITED. Subject to your compliance with this Agreement, and subject to the license terms in Section 5 of this Agreement with respect to Virtual Goods, YENLING PRIVATE LIMITED grants to you a limited, non-exclusive, non-transferable license, with no right to sublicense, to, during the term of this Agreement, access and view the Content (excluding your User Content) solely in connection with your permitted use of PicPop and solely for your personal entertainment, study, research or appreciation purposes that are non-commercial. You shall not use Content (excluding your User Content) for any commercial purposes without the prior written consent of YENLING PRIVATE LIMITED.
license details for the Stable Diffusion model at the following URL: https://github.com/CompVis/stable-diffusion. By using PicPop and its AI features, you agree to adhere to the terms and conditions set by the said software, as may be amended from time to time, in addition to this Agreement. You acknowledge and agree that AI-generated content may not always be accurate, appropriate, or free from errors. We are not responsible for any consequences stemming from the use or reliance on such content. Any such use, whether commercial or private, by you is at your risk. We make no representations or warranties of any kind regarding your use of the said Content for any purpose.
We do our best to moderate the settings of our AI features, however, it is still possible that you may encounter content that you may see as inappropriate for you. Please contact us at feedback@aipicpop.com if you find any of the content to be offensive or inappropriate to you, we will promptly take action.
Without limiting section 4, when using Generative AI Features, you will not, and will not permit any person accessing the Service using your account to do any of the following:
Upload, generate, or distribute content that facilitates the exploitation or abuse of children, including all child sexual abuse materials and any portrayal of children that could result in their sexual exploitation;
Upload, generate, or distribute content that contains or promotes sexually explicit content or profanity, including pornography, or any content or services intended to be sexually gratifying;
Perform or facilitate dangerous, illegal, or malicious activities, including (a) facilitation or promotion of illegal activities or violations of law, (b) abuse, harm, interference, or disruption of services (such as spam, phishing, or malware), (c) attempts to override or circumvent safety filters or intentionally drive the Generative AI Features to act in a manner that contravenes these Terms or other applicable policies, (d) generation or distribution of content that may harm or discriminate against individuals or a group, or promote any of the foregoing, and (e) generation or distribution of content intended to misinform, misrepresent, mislead, exploit, or harm others;
Upload, generate, or distribute content that encourages the illegal or inappropriate use of alcohol, tobacco, drugs, or the use of explosives, firearms, ammunition or certain firearms accessories;
Upload, generate, or distribute content that promotes violence or incite hatred against individuals or groups based on race or ethnic origin, religion, disability, age, nationality, veteran status, sexual orientation, gender, gender identity, caste, immigration status or any other characteristic that is associated with systemic discrimination or marginalization; or
Upload, generate, or distribute content that depicts gratuitous violence or other dangerous activities.
Also, in the event that you encounter any inappropriate content generated by PicPop on any online platform, we encourage you to reach out to us using the contact information provided in Section 9 to report such instances. We will take appropriate actions to address the issue promptly.
PicPop may include advertisements in connection with providing PicPop to you, which you acknowledge that it supports the provision of the services by YENLING PRIVATE LIMITED and hence is a reasonable and legitimate. You agree to receive advertisements made available to you by YENLING PRIVATE LIMITED or third-party partners while you are using PicPop. Subject to YENLING PRIVATE LIMITED’s compliance with any applicable laws related to the provision of advertisements, we do not select, review or screen advertisements and is not a supplier of any of these products or services. You further acknowledge and agree that we are not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such advertisements. We make no representations or warranties as to the goods or services of any advertisers, whether express or implied all of which are hereby disclaimed. You should carry out your own enquiries as to any product or service advertised via PicPop to ascertain its quality, suitability, availability or other characteristics and verify any claims or descriptions relating thereto. Unless otherwise stipulated by applicable law, we are not liable for any of your losses or damages arising from or in connection with the transactions performed by you based on such advertisements or the content provided by the advertisers.
If you have any questions regarding PicPop or wish to provide feedback (including, but not limited to, suggestions and complaints) to YENLING PRIVATE LIMITED, you can contact us via email at feedback@aipicpop.com.
Subject to your compliance with this Agreement, we grant you a limited royalty-free, non-exclusive, non-transferable, non-sublicenseable license to download and install a copy of the App on a mobile device or computer that you own or control and to run such copy of the App solely for your own personal non-commercial purposes as expressly permitted by this Agreement. You may not copy the App, except for making a reasonable number of copies for backup or archival purposes. Except as expressly permitted in this Agreement, you may not: (i) copy, modify or create derivative works based on the App; (ii) distribute, transfer, sublicense, lease, lend or rent the App to any third party; (iii) reverse engineer, decompile or disassemble the App; or (iv) make the functionality of the App available to multiple users through any means. We reserve all rights in and to the App not expressly granted to you under this Agreement.
If anyone brings a claim against us, our affiliates or service providers, and/or each of our or their respective officers, directors, agents, joint ventures, employees or representatives, arising from or in connection with your acts or omissions relating to use of PicPop or the provision of User Content, including, without limitation, actual or alleged violation of any laws, rules, regulations or other legal rights, or any breach of any term in this Agreement, you will indemnify and hold us and each of the parties identified above harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim.
You agree to use PicPop at your own risk. PicPop is provided on an "as is" and "as available" basis without any representation or warranty, whether express, implied or statutory, all of which are hereby disclaimed to the maximum extent permitted under applicable law. Without limiting the generality of the foregoing, we specifically disclaim any warranties relating to title, merchantability, fitness for a particular purpose and non-infringement. We do not make any representations or warranties that access to any part or feature of PicPop, or any of the materials contained therein, will be continuous, uninterrupted, timely, error-free, or secure. Operation of PicPop may be interfered with by numerous factors outside of our control. We make no representation or warranties as to the quality, suitability, usefulness, accuracy, or completeness of PicPop or any materials contained therein.
To the maximum extent permitted under applicable law, we will not be liable to you for any loss of profits, loss of anticipated savings, loss of opportunity, loss of reputation or any consequential, special, indirect, or incidental damages arising out of or in connection with this Agreement and/or your use of PicPop, even if we have been advised of the possibility of such damages except in the cases where our intentional act or gross negligence causes loss or damage to you. If to any extent our liability is not or cannot be excluded, the aggregate liability of us, our affiliates, and service providers, or any of our or their respective officers, directors, agents, joint venturers, employees or representatives, to you or any third parties in any circumstance is limited to the lessor of: (i) the actual fees paid to us by you in the preceding three (3) months; and (ii) US$100 dollars. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In such cases, our liability will be limited to the fullest extent permitted.
To the maximum extent permitted under applicable laws, we are not responsible for the actions, content, information, or data of third parties, and you release us, our directors, officers, employees, and agents and our affiliates and service providers, or any of their respective officers, directors, agents, joint venturers, employees or representatives, from any claims and damages, known and unknown, arising out of or in any way connected with any claim you have against any such third parties. PicPop may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products or services on or available from those websites or resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risks arising from, your use of any third-party websites or resources.
Your use of PicPop may be affected by force majeure circumstances or other factors, including, but not limited to, the following: political or social circumstances, natural disasters, economic crisis, computer virus or hacker attacks, server or system instability, your location, technical limitations, network quality, and failures of communication lines or computers or other matters beyond our control (hereinafter collectively referred to as “Force Majeure Events”). In the event of the occurrence of any Force Majeure Events, for the duration of such Force Majeure Events, YENLING PRIVATE LIMITED shall have no liability to perform any of its obligations affected thereby, which obligations shall be suspended, and YENLING PRIVATE LIMITED shall not have any liability for losses you may sustain that are attributable to any Force Majeure Events to the maximum extent permissible by applicable law.
Although Picpop does want to always accompany you, except as otherwise stipulated in this Agreement, we shall have the right to modify, suspend, or terminate the operation of PicPop and/or your access to PicPop at any time, in its sole and absolute discretion and without any notice. We shall assume no responsibility for any such modification, suspension or termination. It is your responsibility to appropriately update, backup and transfer the data generated and arising in connection with your use of PicPop. Upon any such cancellation, suspension or termination, the following Sections of this Agreement will survive: Sections 3 to 9 and 11 to 18.
YENLING PRIVATE LIMITED has the right to investigate notices of copyright, trademark and other intellectual property infringement (“Infringement”) in respect of YENLING PRIVATE LIMITED Content, User Content and other material on the App, PicPop Studio and the website (“Infringing Material”) and take appropriate action. If you believe that your work has been used or copied in a way that constitutes Infringement and such Infringement is occurring on the app, PicPop Studio and the website, please notify us in writing immediately in the form and containing the information prescribed by applicable law (“Infringement Notice”). All Infringement Notices shall be sent by email to feedback@aipicpop.com or mail to 346C KING GEORGE'S AVENUEKING GEORGE'S BUILDINGSINGAPORE(208577).
Where YENLING PRIVATE LIMITED removes any Infringing Material in response to your Infringement Notice, you agree not to exercise and you hereby waive, any right of action against YENLING PRIVATE LIMITED under applicable law which you may have in respect of any Infringing Material appearing on the App, PicPop Studio and the website prior to such removal. To the maximum extent permitted under applicable laws, you acknowledge and agree that YENLING PRIVATE LIMITED has no control and cannot undertake responsibility or liability in respect of Infringing Material appearing on linked sites or other third party sites.
This Agreement is established, entered into force, and shall be enforced and interpreted under the laws of Singapore, without regard to its conflict of law provisions. Any disputes arising hereunder shall also be resolved in accordance with the laws of this jurisdiction. You agree to submit any dispute between you and YENLING PRIVATE LIMITED to the jurisdiction of Singapore. If any provision of this Agreement is held to be invalid or unenforceable for whatever reason, the remaining provisions shall remain in full force and effect and bind upon you andYENLING PRIVATE LIMITED.
Inherent Risks. You accept and acknowledge that there are inherent risks associated with utilizing an Internet-based service including, but not limited to, the risk of failure of hardware, software and Internet connections, the risk of malicious software introduction, data loss, and the risk that third parties may obtain unauthorized access to your User Content or account.
Acceptance of Risks. You understand and agree that you have fully considered the risk of data provided and transmitted through the Internet to PicPop’s servers and are willing to take the risk. You hereby confirm that you will undertake and accept the consequences of any data loss. To the maximum extent permitted by applicable laws, we will assume no responsibility for any data loss that is not solely caused by us.
This Agreement is prepared and drafted in English, but may be translated into other languages. Should any conflict arise between the English language version of this Agreement and any translation hereof, the English language version shall be controlling.