Terms of Service and Image Ownership Agreement

Frameshift AI Labs, LLC (which owns and operates the popframe.ai and popframe.art websites, hereafter "PopFrame," "we," "us," or "our") provides an online platform for AI-generated art creation, printing, and marketplace services (the "Services"). These Terms of Service and Image Ownership Agreement (the "Terms") govern your access to and use of the Services, whether through our websites (such as popframe.ai or popframe.art) or other online platforms. By accessing or using PopFrame, you ("User" or "you") agree to be bound by these Terms. If you do not agree with these Terms, you must not use the Services.

1. Acceptance of Terms

By creating an account, generating AI images, purchasing or selling artwork, or otherwise using our Services, you acknowledge that you have read, understood, and agree to these Terms, as well as our Privacy Policy (available below). These Terms constitute a binding legal agreement between you and Frameshift AI Labs, LLC. We may also present additional guidelines, policies, or rules for specific features (such as community guidelines or subscription terms), which are incorporated by reference into these Terms.

2. Changes to Terms

PopFrame reserves the right to update or modify these Terms at any time. If we make material changes, we will notify users by posting the updated Terms on our website and updating the "Last Updated" date. It is your responsibility to review these Terms periodically. Your continued use of the Services after any changes constitutes your acceptance of the revised Terms. If you do not agree to the updated Terms, you must stop using the Services.

3. Eligibility

Age Requirement:

You must be at least 13 years old (or the minimum age of digital consent in your jurisdiction) to use our Services. If you are under 18 (or the age of majority where you live), you may use PopFrame only with the involvement and consent of a parent or legal guardian, who agrees to be bound by these Terms. The Services are not intended for children under 13, and we do not knowingly solicit or collect information from anyone under 13.

By using the Services, you represent that you meet the applicable age requirements and have the legal capacity to enter into this agreement. If you do not, you must refrain from using our Services.

4. Accounts and Security

To access certain features of PopFrame (such as creating artwork or selling on the marketplace), you may need to create an account. You agree to provide accurate, current, and complete information during registration and to keep your account information updated. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must not share your account with others or use another person's account without permission.

You agree to notify us immediately of any unauthorized access or use of your account or any other breach of security. PopFrame is not liable for any loss or damage arising from your failure to safeguard your account. We reserve the right to suspend or terminate any account we suspect to be involved in unauthorized activities or in violation of these Terms.

5. Description of Services

PopFrame's Services allow users to generate digital artwork through artificial intelligence, purchase high-quality physical prints of artwork, and sell or showcase created artwork through an integrated marketplace. Subject to your compliance with these Terms, PopFrame grants you a limited, non-exclusive, non-transferable license to access and use the Services for your personal and commercial purposes (for example, to create art for yourself or to sell through our platform). All rights not expressly granted to you are reserved by PopFrame.

Please note that because AI-generated content is created based on user inputs and algorithmic processes, results may vary. While we strive to provide a high-quality experience, the images, designs, or content generated by our AI may not always be expected, appropriate, or error-free. You agree to use the AI generation tools at your own risk and understand that the outputs are provided "as is" without any guarantee of accuracy or suitability (see Disclaimers in Section 11 below).

6. Acceptable Use and Conduct

When using PopFrame, you agree to abide by the following rules and not to misuse the Services:

• Lawful Purposes Only: You will use the Services only for lawful purposes and in compliance with all applicable local, state, national, and international laws and regulations. You may not use PopFrame to create, upload, share, or sell any content that is illegal, defamatory, obscene, pornographic, indecent, harassing, threatening, hateful, violent, or that promotes discrimination or harm against any individual or group.
• Respect Intellectual Property: You must not use the Services to create or share content that infringes or violates the intellectual property rights or privacy rights of others. This includes not uploading photos, artwork, or other materials that you do not have the right to use, and not using the AI generation features to attempt to recreate copyrighted images or trademarked material that you are not authorized to use. You agree that you have all necessary rights and permissions to any content you input into the Services (including text prompts, reference images, or other materials).
• No Exploitation or Fraud: You may not use the Services to deceive, defraud, phish, scam, or otherwise exploit others. Do not impersonate any person or entity or misrepresent your affiliation. You may not use PopFrame to generate images for the purpose of spreading misinformation, engaging in illegal activities, or any other deceptive conduct.
• No Harmful Code: You must not introduce any viruses, malware, worms, Trojan horses, or other harmful or disruptive code into the Services. Also, you may not use any automated means (such as bots, scrapers, or spiders) to access or scrape data from the Services, nor attempt to interfere with or disrupt the integrity or performance of our platforms.
• One Account Per User: Each individual user may maintain only one PopFrame account, and you may not create an account using a false identity or information. We also prohibit the creation of accounts by bots or other automated methods.
• Community Respect: If PopFrame offers community features (such as public galleries, forums, or social features), you agree to interact respectfully with others. Do not engage in harassment, hate speech, or abusive behavior toward other users or PopFrame staff.
• Monitoring and Enforcement: PopFrame reserves the right (but has no obligation) to monitor user behavior and content on the platform. We may remove or disable any content that violates these Terms or our policies, and we may suspend or terminate accounts for any behavior that we, in our sole discretion, deem inappropriate, harmful, or in violation of the letter or spirit of these Terms. We may also report any suspected illegal activities to law enforcement authorities as appropriate.

7. User Content and Image Ownership

7.1 Definition of User Content

As used in these Terms, "User Content" means any content that users create, upload, post, publish, or otherwise make available via the Services. This includes, for example: text or image prompts you provide to generate art; images or artwork generated by the PopFrame AI based on your prompts; photographs or other source images you upload; titles, descriptions, or other metadata for your artwork; and any other text, images, or materials you submit or display on our platform (such as profile pictures, comments, or gallery postings).

7.2 Ownership of AI-Generated Images and User Content

You retain ownership of the images and content you create through our Services, to the fullest extent permitted by applicable law. This means that, as between you and PopFrame, any original artwork or images you generate using PopFrame's AI (based on your own prompts or uploads), as well as any content you upload to the platform, are considered your property. PopFrame does not claim ownership of your User Content or your AI-generated images. However, your ownership is subject to a few important conditions:

• Compliance with Terms and Third-Party Rights: Your ownership of created assets is conditioned on your compliance with these Terms and the rights of others. If your content includes material that is owned by someone else (for example, if you uploaded a photo or used a prompt referencing a character or artwork you don't own), you may not have full ownership or rights to the resulting content. It is your responsibility to ensure you only create or sell content that does not infringe others' rights.
• Limitations Under Law: You understand that the legal status of AI-generated content is evolving. In some jurisdictions, purely AI-generated images might not be eligible for copyright protection. PopFrame makes no representations about the legal enforceability of intellectual property rights in AI-generated art. By granting you ownership as above, we mean that PopFrame will not claim exclusive rights in your creations; however, we cannot confer legal rights (like copyrights) that you may not be entitled to under applicable law. You are encouraged to consult your own legal advisor on the scope of protection for AI-generated works in your jurisdiction.

7.3 License to PopFrame

In order to operate our Services, display your work to you and others, and facilitate the printing and sale of your artwork, you grant PopFrame a license to use your User Content. Specifically, by creating or uploading any content on PopFrame, you hereby grant to Frameshift AI Labs, LLC, its affiliates, and successors a worldwide, royalty-free, non-exclusive, sublicensable license to host, store, reproduce, modify, create derivative works of, publicly display, publicly perform, distribute, and otherwise use your User Content for the following purposes:

• Providing the Services: This includes generating your images from prompts, saving your images in your account, processing print orders (which may involve creating derivative versions such as resized or formatted images for printing), and displaying your artwork on our website or app as you direct (for example, in your personal gallery or storefront).
• Operating the Marketplace: If you choose to list your artwork for sale or display it publicly, we may display your images (along with related information like your username, descriptions, and pricing) to other users or visitors to facilitate the marketplace. We may also use your content to promote or feature your listings within the PopFrame platform (for example, showing your artwork in search results, categories, or trending sections).
• Promotional Uses: PopFrame may use certain User Content (such as featured artworks or collections) in promotional materials to advertise or explain our Services. For example, we might showcase a selection of user-created artworks on our homepage, in marketing emails, or in social media posts to demonstrate the capabilities of the platform. If we do so, we will typically credit the creator by username or display name. (If you prefer not to have your content used in this way, please contact us at the address below to discuss opting out.)
• Improving Services: We may internally use User Content to develop and improve our Services, such as training or refining our AI models or algorithms, or enhancing features. Any such use will be in accordance with our Privacy Policy and will not infringe your ownership rights – for instance, we won't sell your images to third parties outside the PopFrame platform without your permission.

This license to PopFrame is non-exclusive, meaning you are free to use your content for your own purposes or allow others to use it for their purposes. You can revoke certain uses by removing your content from the platform. If you delete or remove your User Content from PopFrame, the license for us to use it will generally end after a reasonable takedown period needed to fully remove it from our systems. However, you agree that PopFrame may retain backup or archival copies of your content for a commercially reasonable time, and that we may retain and continue to use any content that has been shared with or purchased by other users to the extent necessary for ongoing business (for example, fulfilling print orders already placed, or continuing to display a buyer's purchased artwork in their account). If your content has been featured in any ongoing marketing campaigns, we will make commercially reasonable efforts to remove it from future marketing upon your request, but we cannot retrieve materials already distributed.

7.4 Public Display and Marketplace Sales

If you choose to make your AI-generated artwork public on PopFrame or list it for sale:

• Public Galleries: By marking a creation as "public" or participating in a community gallery, you understand that anyone (including non-registered visitors) may view your artwork. While PopFrame does not generally allow other users to download your full-resolution images without permission, publicly posting your art could enable others to screenshot or share the displayed version. You grant other users of PopFrame a limited right to view and share (for example, via platform sharing features or social media) your publicly posted content as part of the intended Service experience. However, this does not grant anyone except PopFrame any license to reproduce or create derivative works from your content for commercial purposes unless you separately allow it.
• Sales and Prints: When you offer an artwork for sale (whether as a physical print, digital download, or other format allowed on PopFrame), you authorize PopFrame to make the necessary reproductions and distributions of that content to fulfill the transaction. For example, if a buyer orders a canvas print of your artwork, you grant us the right to print that image on canvas and ship it to the buyer. PopFrame may set certain specifications for print formats, quality, and dimensions, which may require minor modifications to your image (such as cropping or adding borders) – you agree that such minor modifications are allowed under the license granted to us.
• Commission and Payouts: Sales of artwork on PopFrame may be subject to fees or commission retained by PopFrame. Any such fees will be communicated to you through our platform or seller guidelines. PopFrame will typically handle payment processing for sales and will remit proceeds (after any fees and applicable taxes) to the selling artist as per our payout schedule. You are responsible for providing accurate payment details to receive payouts, and for any taxes owed on your earnings. We reserve the right to withhold payouts or suspend sales if we suspect fraud, infringement, or other violations of these Terms.

7.5 Buyer's Rights to Purchased Art

If you purchase artwork or prints via PopFrame, please note that you are buying the medium (for example, a physical print or authorized digital copy), not the underlying intellectual property rights of the image. Unless explicitly licensed by the creator, your use of purchased art is limited to personal, non-commercial display. For example, if you buy a framed print, you may display it in your home or office, but you do not have the right to make copies of the image or use it in merchandise, advertising, or other derivative works without permission from the owner. Similarly, purchasing a digital artwork (if that option is offered) typically grants you a personal-use license (such as to use it as a wallpaper or for display), and does not transfer ownership of any copyrights. All images and content on PopFrame are protected by intellectual property laws. Any commercial exploitation of an artwork must be authorized by the original creator. Violating these limits may result in account action and/or legal consequences.

8. Intellectual Property of PopFrame

Except for User Content, all content and materials available on or through the PopFrame Services are the property of Frameshift AI Labs, LLC or its licensors and are protected by intellectual property laws. This includes, but is not limited to, the PopFrame name and logo, the design, layout, look and feel of the website and app, our software (including the AI models and algorithms, except to the extent open-source or licensed from third parties), and all text, graphics, images, code, and compilations of data on the Services (collectively, "PopFrame Content").

PopFrame grants you a limited, revocable, non-exclusive, non-transferable license to access and use the PopFrame Content for personal use only in connection with using the Services. You must not:

• Copy, reproduce, modify, distribute, or create derivative works of any PopFrame Content (except as enabled through the Service's functionality or as permitted under law, such as through valid caching by a web browser for personal viewing).
• Reverse engineer, decompile, or attempt to extract the source code of our software or AI models, except to the extent expressly permitted by applicable law.
• Remove, obscure, or alter any copyright, trademark, or other proprietary rights notices on the PopFrame site or materials.
• Use any of PopFrame's trademarks, logos, or branding without our prior written permission (for example, you may not use the name "PopFrame" or our logos in a way that implies an endorsement by or affiliation with PopFrame without authorization).

9. Copyright Infringement (DMCA)

PopFrame respects the intellectual property rights of others, and we expect our users to do the same. If you believe that any content on our platform infringes your copyright or other intellectual property rights, please notify us promptly. For notifications of copyright infringement, we comply with the Digital Millennium Copyright Act (DMCA). Your notice should include:

• A description of the copyrighted work or other intellectual property that you claim has been infringed.
• A description of the material on our Services that you claim is infringing, and enough information to allow us to locate the material (such as a URL or screenshot).
• Your contact information (name, mailing address, telephone number, and email address).
• A statement by you that you have a good-faith belief that the disputed use is not authorized by the intellectual property owner, its agent, or the law.
• A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the owner of the intellectual property or authorized to act on the owner's behalf.
• Your physical or electronic signature.

Upon receipt of a valid infringement notice, we will promptly investigate and, if appropriate, remove or disable access to the allegedly infringing content. We may notify the user who posted the content and, if applicable, provide them with an opportunity to submit a counter-notification. A counter-notification should include sufficient information identifying the removed content, a statement under penalty of perjury that the content was removed by mistake or misidentification, and the user's consent to the jurisdiction of the courts as appropriate. If we receive a valid counter-notification, we may restore the content in accordance with the DMCA.

10. Third-Party Services and Links

Our Services may contain links to or integrations with third-party websites, applications, or services (for example, social media sharing buttons or third-party login providers). We do not own or control those third parties, and when you access them you do so at your own risk. You agree that PopFrame is not responsible for the content, functionality, or practices of any third-party services. Any use of third-party services is subject to their respective terms and privacy policies. We make no warranties or representations regarding third-party services, and we disclaim all liability arising from your use of them.

11. Disclaimers of Warranty

Your use of the Services is at your sole risk. The Services, and all content, products, and features on PopFrame, are provided on an "AS IS" and "AS AVAILABLE" basis without warranties of any kind, either express or implied. To the fullest extent permitted by law, PopFrame and its affiliates, licensors, and service providers expressly disclaim any and all warranties of any kind, whether express, implied, or statutory, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

We do not warrant that the Services will meet your requirements or expectations, that the Services will be uninterrupted, timely, secure, or error-free, or that any defects or errors will be corrected. We make no warranties or representations about the accuracy or completeness of any content available through the Services or about the results to be obtained from using the Services. No advice or information, whether oral or written, obtained by you from PopFrame or through the Services will create any warranty not expressly stated in these Terms. (Some jurisdictions do not allow the exclusion of certain warranties, so some of the above limitations may not apply to you.)

12. Limitation of Liability

To the fullest extent permitted by applicable law, in no event will Frameshift AI Labs, LLC (PopFrame) or its directors, officers, employees, agents, partners, or suppliers be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including without limitation damages for loss of profits, goodwill, data, or other intangible losses, arising out of or in connection with your access to or use of (or inability to use) the Services, any conduct or content of any third party on the Services, or any content obtained from the Services, whether based on warranty, contract, tort (including negligence), or any other legal theory, even if we have been advised of the possibility of such damages.

In no event will our total liability for all claims relating to the Services exceed the greater of $100 or the amount you paid to us (if any) in the last 12 months for the Services at issue. (Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you. In such cases, our liability will be limited to the maximum extent permitted by law.)

13. Indemnification

You agree to indemnify, defend, and hold harmless Frameshift AI Labs, LLC (including its PopFrame brand) and its affiliates, and each of their respective officers, directors, employees, and agents, from and against any and all claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or in any way connected with:

• Your access to or use of the Services
• Your User Content or any content you create, upload, or share through the Services
• Your violation of these Terms
• Your violation of any applicable law or any rights of another

PopFrame reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (in which case you agree to cooperate with PopFrame in defending such matter).

14. Governing Law and Dispute Resolution

These Terms and any dispute or claim arising out of or relating to these Terms or the Services will be governed by and construed in accordance with the laws of the State of Florida, USA, without regard to its conflict of law principles. You agree that any legal suit, action, or proceeding arising out of or related to these Terms or the Services must be brought exclusively in the state or federal courts located in or serving Palm Beach County, Florida, and you consent to the jurisdiction of and venue in such courts. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

15. Payment Terms

Some features of our Services may require payment. If you purchase credits, subscriptions, or other paid services:

• All fees are non-refundable unless otherwise stated
• Subscription fees are billed in advance on a recurring basis
• We may change our pricing with 30 days' notice
• You are responsible for all taxes associated with your purchases
• Failure to pay may result in suspension or termination of your account

For physical products (prints, frames, etc.), additional shipping and handling charges may apply.

16. Intellectual Property Rights

PopFrame and our licensors own all rights, title, and interest in and to the Services, including all software, technology, designs, and trademarks. You may not copy, modify, distribute, or create derivative works based on our Services without our written permission.

If you believe that content on our Services infringes your intellectual property rights, please contact us with details of the alleged infringement.

17. Privacy and Data Protection

Your privacy is important to us. Our collection, use, and sharing of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using our Services, you consent to the collection and use of your information as described in our Privacy Policy.

15. Termination

You may terminate your PopFrame account at any time by following the procedures on our website or contacting customer support. Deleting your account will remove your profile and cease your access to any account-specific features, but certain provisions of these Terms will survive as needed (for example, any licenses you have granted to us for your User Content, or any obligations to pay fees).

We reserve the right to suspend or terminate your account (or your access to certain features) at any time, with or without notice, if we believe that you have violated these Terms, are engaging in fraudulent or illegal activities, or for any other reason in our sole discretion. In the event of termination due to your breach of these Terms, we may refuse to allow you to create a new account in the future. If your account is terminated in error or if you believe our action was mistaken, please contact us to discuss the issue.

Any provisions of these Terms that by their nature should survive termination (including, for example, ownership provisions, licenses granted to us, indemnities, disclaimers of warranty, and limitations of liability) will remain in effect after termination of your account or these Terms.

16. Miscellaneous Provisions

17. Contact Information

If you have any questions, concerns, or comments about these Terms or the Services, or need to contact us for any reason, you can reach us at:

We value our users and their input. Please do not hesitate to contact us if you need clarification or assistance.