Terms of Service

These Terms of Service ("Terms") govern your use of the PopSmart Studio application ("Studio", "Service", "we", "us", or "our"). By installing or using Studio — whether as a Shopify merchant operating the app or as a store visitor using the virtual try-on widget — you agree to be bound by these Terms.

1. Service Description

Studio is an AI-powered image generation and virtual fitting application for Shopify merchants. The Service includes:

• Virtual Try-On — storefront widget that renders products on AI models or on a photo uploaded by the shopper
• AI Image Generation — on-model photos, scene generation, background removal, lookbook creation, and other AI-driven image tooling
• Publisher — scheduled and on-demand posting to Instagram, Facebook, and Pinterest with AI-assisted captions, SEO metadata, and alt text
• Analytics — try-on conversion impact, return-rate comparisons, and credit usage reporting
• Customization — brand colors, presets, and model library management

2. Account and Access

To use Studio as a merchant, you must have an active Shopify store and install Studio through the Shopify App Store, authorizing access to your store data via Shopify OAuth. You are responsible for maintaining the security of your Shopify account and for the actions of any staff members granted access to the Studio dashboard.

Store visitors who use the virtual try-on widget may authenticate via the Shopify Customer Account API (OAuth with PKCE) to save a Body Profile. Visitors are bound by these Terms to the extent they interact with the widget, including when uploading a photo or saving a Body Profile.

3. Plans, Credits, and Pricing

Studio operates on a credit-based model where 1 credit equals US$0.01. Current pricing is available on our Studio pricing page. All billing is processed through Shopify's Billing API. Prices are quoted in USD and exclude applicable taxes.

3.1 Subscription Plans

Studio offers Free, Starter, Growth, and Pro subscription plans, available on monthly or annual billing intervals. Each plan grants a monthly credit allotment that resets at the start of the next 30-day billing period. Annual subscriptions are billed upfront at a discounted rate, with credits granted on a 30-day drip schedule. Unused monthly credits do not roll over to the next period.

3.2 Credit Packs

Credit Packs are one-time purchases that add non-expiring credits to your balance. Higher-tier packs include bonus credits. Credits from packs remain available until consumed and are not refunded upon app uninstall unless required by law or by Shopify's billing policies.

3.3 Credit Consumption

Credits are consumed when AI operations are successfully completed. Consumption varies by operation type and output resolution; the most current credit table is displayed in the Studio dashboard at the point of use. Background removal is provided at no credit cost. Publisher operations (caption generation, SEO metadata, alt text, and publishing) consume a fixed number of credits per operation.

When you have both a monthly allotment and a pack balance, monthly credits are consumed first; pack credits are consumed only after the monthly allotment is exhausted.

3.4 Failed Operations and Refunds

If an AI operation fails due to a Service error, the associated credits are automatically refunded to the same bucket (monthly or pack) from which they were originally consumed. Credit refunds for operations that have already been completed and delivered are not available.

3.5 Free Plan

The Free plan is intended for evaluation and small-scale use. We reserve the right to limit, throttle, or decline Free plan access — including for repeat installations, development stores, and accounts we reasonably believe are circumventing usage limits. Paid subscriptions and Credit Packs are not subject to these limits.

3.6 Billing Disputes

All subscription and Credit Pack charges are issued and collected by Shopify. Billing disputes must be raised through Shopify in accordance with Shopify's merchant billing policies; we will cooperate with Shopify to resolve legitimate disputes.

4. Cancellation and Refunds

• You may cancel your subscription at any time through the Shopify admin
• Upon cancellation, your current subscription remains active until the end of the billing period; mid-period plan changes are pro-rated in credits rather than cash
• Downgrades take effect at the start of the next billing period
• Credit Pack purchases are non-refundable once credits have been granted, except where required by law or Shopify's billing policies
• Uninstalling the app cancels your subscription and forfeits any remaining credits, including unconsumed pack credits, unless a refund is required by law
• All refund processing is handled in accordance with Shopify's app billing policies

5. Acceptable Use

You agree not to:

• Upload a photograph of any person without that person's informed consent, or upload photographs of minors without verifiable consent from a parent or legal guardian
• Use Studio to generate images that are sexually explicit, violent, harassing, defamatory, or discriminatory
• Generate images that infringe the trademarks, copyrights, publicity rights, or other intellectual property of any third party, including competitor logos, celebrity likenesses, or copyrighted characters
• Generate deceptive product imagery that materially misrepresents the actual product being sold
• Use Studio to produce content that violates the community guidelines or terms of service of any connected social platform (Instagram, Facebook, Pinterest)
• Automate bulk generation in a manner designed to circumvent credit pricing, rate limits, or abuse-prevention controls
• Share, reuse, or recycle Shopify API tokens, SDK tokens, or Studio API credentials outside their intended single-store scope
• Attempt to reverse-engineer, decompile, or extract the source code of the Service
• Interfere with or disrupt the Service's infrastructure, including by sending malformed requests or probing for vulnerabilities outside a good-faith security disclosure
• Use the Service in violation of Shopify's Terms of Service or Acceptable Use Policy
• Resell or redistribute the Service, or repackage Studio outputs as a standalone AI image generation product

6. AI-Generated Content

Studio uses third-party AI models (including Google Gemini) to generate images from your product photos and, where applicable, from customer-uploaded photos. You acknowledge and agree that:

• AI-generated images may contain visual artifacts, inaccuracies, or unintended details; you are responsible for reviewing each generated image before publishing it to your storefront or social channels
• We do not guarantee that AI-generated content will increase sales, conversions, or any other business outcome
• AI outputs may vary between runs even with identical inputs
• We do not claim ownership of AI-generated outputs created from your product imagery; as between you and us, outputs belong to you, subject to our underlying Service intellectual property and to any third-party rights (including rights of individuals depicted in the source photographs)
• Customer photos uploaded through the virtual try-on widget are not used to train our AI models or the underlying models of our processors

7. User-Provided Content

7.1 Merchant Product Imagery

By providing product images to Studio (directly or via the Shopify product catalog), you represent that you have the rights necessary for us to process those images for AI image generation, storage, and delivery to your selected Publisher destinations. You grant us a limited, non-exclusive, worldwide, royalty-free license to process, store, and transmit those images solely for the purpose of operating the Service for your store.

7.2 Customer Photos (Virtual Try-On)

The virtual try-on widget allows store visitors to upload a photograph of themselves for the sole purpose of rendering how products would look on them. By uploading a photo, the visitor represents that the photo is of themselves (or that they have consent from the person depicted) and grants us a limited, non-exclusive, worldwide, royalty-free license to process, store, and transmit the photo solely for the purpose of generating the try-on output requested.

Customer photos are stored in a private bucket, accessible only via short-lived signed URLs, and are automatically deleted within 24 hours of upload. They are never used to train AI models and are never shared with third parties beyond the processor required to render the try-on.

7.3 Body Profile

Store visitors may optionally save a Body Profile (approximate height and preferred size) to their Shopify Customer Account. Body Profile data is encrypted at rest, scoped to the visitor's authenticated Customer Account, and deletable by the visitor at any time.

8. Publisher and Third-Party Social Integrations

The Publisher feature connects to third-party platforms (Instagram, Facebook, Pinterest) using OAuth credentials you provide. By connecting a social account:

• You represent that you are authorized to post on behalf of that account or page
• You are solely responsible for the content you schedule, publish, or distribute through Publisher, including compliance with each platform's community guidelines, advertising policies, and terms of service
• You acknowledge that third-party platforms may suspend or remove content at their sole discretion, and that Studio has no control over such actions
• You may disconnect a connected account at any time from the Studio dashboard or from the provider's settings; we will stop posting as soon as the disconnection is processed
• OAuth access tokens are encrypted at rest and used only to perform the actions you authorize

9. Share Links and Watermarked Outputs

Studio provides optional share links for Publisher outputs (for example, to enable Pinterest share intents). Share links resolve to a watermarked, public version of the image. You are responsible for ensuring that any image shared via this feature complies with these Terms.

10. Data and Privacy

Your use of Studio is also governed by our Privacy Policy, which describes in detail what data we collect from merchants and store visitors, how it is processed, how long it is retained, and how data subject rights can be exercised. By using the Service, you consent to our data practices as described therein.

11. Intellectual Property

Studio, including its software, user interface, underlying AI pipelines, documentation, and trademarks, is owned by PopSmart and is protected by copyright, trademark, and other intellectual property laws. These Terms do not grant you any rights to our trademarks or branding beyond what is necessary to use the Service.

Your store data, product imagery, and AI-generated outputs derived from your product imagery remain your property, subject to the licenses granted above and to any third-party rights.

12. Service Availability and Modifications

We strive for high availability but do not guarantee uninterrupted service. We may:

• Perform maintenance with or without prior notice
• Modify, add, or discontinue features with reasonable notice where the change is material
• Change the credit cost of specific operations to reflect changes in underlying AI provider pricing; we will provide reasonable notice before any such change takes effect, and pack credits already purchased will continue to be honored at the cost in effect at the time of consumption
• Apply rate limits, request throttling, and abuse-prevention controls to protect the Service and all merchants using it
• Suspend or terminate accounts that violate these Terms, Shopify's policies, or applicable law — including without limitation accounts engaged in fraudulent payment activity, platform abuse, or generation of prohibited content

13. Account Suspension and Termination

We may suspend or terminate your access to Studio, with or without notice, if we reasonably believe you have violated these Terms, Shopify's merchant agreements, applicable law, or the acceptable-use policies of any connected third-party platform. Upon suspension, essential account notifications (including suspension and reinstatement notices) may be sent to you regardless of any opt-out preferences.

14. Disclaimers

The Service is provided on an "as is" and "as available" basis, without warranties of any kind, whether express, implied, statutory, or otherwise. To the fullest extent permitted by law, we disclaim all warranties, including the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

15. Limitation of Liability

To the maximum extent permitted by law, PopSmart shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, revenue, data, goodwill, or business opportunities, arising from your use of the Service — whether based on warranty, contract, tort, or any other legal theory.

Our total aggregate liability for any claim arising from these Terms or the Service shall not exceed the greater of (a) US$100 or (b) the amount you paid to us in the 12 months preceding the event giving rise to the claim.

16. Indemnification

You agree to indemnify, defend, and hold PopSmart harmless from any claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from (a) your use of the Service, (b) your violation of these Terms, (c) content you upload, generate, or publish through the Service, or (d) your violation of any third-party rights, including the rights of individuals depicted in photographs uploaded through the virtual try-on widget.

17. Changes to Terms

We may update these Terms from time to time. Material changes will be communicated via email or in-app notification at least 30 days before taking effect. Continued use of Studio after changes constitutes acceptance of the updated Terms.

18. Governing Law

These Terms shall be governed by and construed in accordance with applicable law, without regard to conflict of law principles. Nothing in these Terms limits any non-waivable statutory rights you may have as a consumer under your local jurisdiction.

19. Contact

For questions about these Terms, contact us at: team@popsmart.ai