Terms | Popular Pays

Popular Pays, Inc. (a Lightricks Company)
Creator Terms of Service

These terms of service (“Agreement” or “Terms”) are a legally binding agreement between you (“Creator,” “you”), and Popular Pays, Inc., a Lightricks Company, including its affiliates (“Popular Pays,” “we,” “us,” or “our”).

Popular Pays is the owner and operator of a unique technology platform (the “Platform”) and provides products and services (collectively, with the Platform, App and Website, referred to as the “Services”) that enables companies or its agencies, who wish to create content and/or advertise their products and services (“Brands”), and influencers and others who create Content (“Creators”) to collaborate on the Brand’s advertising campaign (“Campaign Brief”). You may create, copy, text, video, images, photographs, graphics, messages or other materials (“Content”) pursuant to your participation in the Campaign Brief or advertising for a Brand or its agency (a “Gig”) and post, promote, and advertise the Content through your media network (including your website or your posts on any website or social media provider account) using the Services.

PLEASE READ THESE TERMS CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THESE TERMS CONTAIN A BINDING AGREEMENT, AND INCLUDES MANDATORY ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS AND LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF CERTAIN DISPUTES.

BY ACCEPTING THIS AGREEMENT, EITHER BY CLICKING A BOX INDICATING YOUR ACCEPTANCE, BY DOWNLOADING OUR MOBILE APPLICATION, ESTABLISHING AN ACCOUNT, USING THE PLATFORM AND/OR OUR SERVICES, YOU AGREE THAT YOU: (A) HAVE READ AND UNDERSTOOD THIS AGREEMENT; (B) REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD OR THAT YOU HAVE PERMISSION FROM YOUR PARENT OR LEGAL GUARDIAN TO CREATE AN ACCOUNT AND AGREE TO THIS AGREEMENT; AND (C) AGREE THAT YOU ARE LEGALLY BOUND BY THIS AGREEMENT AS WELL AS ANY APPLICABLE UNDERLYING CAMPAIGN BRIEFS.

IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY AND ITS AFFILIATES TO THESE TERMS, IN WHICH CASE THE TERMS “YOU” OR “YOUR” SHALL REFER TO SUCH ENTITY AND ITS AFFILIATES.

SERVICES AND LICENSE.

Subject to your compliance with the terms of this Agreement, we grant you access to the Platform through our mobile application(s) (the “App”) and/or our website for Creators that is available at creators.popularpays.com (the “Website”) to use our Services.

If you access the Services via our App, we grant you a non-exclusive, revocable, non-sublicensable and nontransferable license during the Term to: (a) download, install, and use the App for your use in accordance with these Terms on a single mobile device owned or otherwise controlled by you (“Mobile Device”), and (b) access, stream, download and use on such Mobile Device content and Services made available in or otherwise accessible through the App in accordance with these Terms.

Some or all of the Services’ functionality may not work with all carriers or mobile devices. By accessing the Services on a Mobile Device, you agree that we may communicate with you by push notifications, text message, or other electronic means to such Mobile Device and that certain information about your usage of the Services through the Mobile Device may be communicated to us.

SERVICE RESTRICTIONS.

You agree that the Services, including, without limitation, graphics, trademarks, and editorial content, are owned by Popular Pays and/or its licensors, and is protected by applicable intellectual property and other laws. You agree that you will use the Services only as permitted by this Agreement.

You agree not to: (i) reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, object code or underlying structure, mine data from Popular Pays systems, ideas or algorithms, documentation or data related to the Services; (ii) modify, translate, or create derivative works based on the Services; (iii) rent, lease, loan, sell, distribute, or create derivative works based on the Services, in any manner, or otherwise permit third-parties to use the Platform; (iv) exploit the Services in any unauthorized way whatsoever, including but not limited to, using the Services to transmit any computer viruses, worms, Trojan horses or other malware, or by trespass or burdening network capacity; (v) use the Services to provide services to any unauthorized third-parties; (vi) circumvent or disable any security or other technological features or measures of the Services; (vii) take any action to contest our intellectual property rights or infringe them in any way; (viii) use the Services for any illegal or unauthorized purpose; (ix) remove any proprietary notices or labels; or (x) reproduce or distribute copyrighted materials of Brands unless you are duly authorized by such Brands to do so. You further agree not to use the Services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that Popular Pays is not in any way responsible for any such use by you, nor for any harassing, threatening, defamatory, offensive, infringing or illegal messages that you may receive as a result of using the Services.

RESERVATION OF RIGHTS.

You acknowledge and agree that the Services are provided under license, and not sold, to you. Except to the extent necessary to access and use the Services, nothing in this Agreement grants any title or ownership interest in or to any copyrights, patents, trademarks, trade secrets or other proprietary rights in or relating to the Services whether expressly, by implication, estoppel or otherwise. Popular Pays and its licensors and service providers reserve and shall retain their entire right, title, and interest in and to the Services, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in this Agreement.

COMPLIANCE WITH LAWS AND POLICIES.

You agree that you and all of your Content will fully comply with applicable laws, rules, regulations, and industry guidelines, including but not limited to the Federal Trade Commission Guides Concerning the Use of Endorsements and Testimonials in Advertising, 16 CFR Part 255 (collectively, “Applicable Laws”), and that you will disclose in every post that mentions or features a Brand that you have received benefits from the Brand as described in this Agreement and the Campaign Brief.

You will cooperate with us in removing or modifying any inappropriate Content relating to the Brand, its products, or the Campaign Brief from your blog, website, or your accounts on social networking websites, such as Instagram, Facebook, Pinterest, TikTok, or Snapchat (“Social Media Provider”) or any other media over which you have control. To the extent you are not in compliance with the terms required under this Agreement (without limiting any remedies that may be available to us and a Brand in law or equity), you will promptly remove and take down any non-compliant Content from the Platform and from any Social Media Provider.

REPRESENTATIONS AND WARRANTIES.

You represent and warrant that: (a) you have the full power and authority to enter into this Agreement and any Gig, and neither this Agreement nor your activity hereunder conflicts with any obligation on your part; (b) all information submitted by you and all statements made by you will comply with all Applicable Laws and is accurate, and (c) to the extent that you upload any Content through the use of the Services, you represent that you own all rights in, or have authorization or are otherwise legally permitted to upload, such Content and that such Content does not infringe on any third party intellectual property or other rights, including, without limitation, patent, copyright, trademark or trade secrets, in such Content, violate any terms of service applicable to any Social Media Provider, or this Agreement; (d) you are legally permissible to work on any Campaign that you apply to participate in, including compliance with any Fair Labor Standards Act (FLSA) or other youth or child labor laws for Creators who are under 18 years of age; (e) you are not under 13 years of age; (f) you will not disparage, defame, or other diminish the good will or reputation of Popular Pays, Lightricks, the Brands, and/or the Agencies; and (g) participate in a Gig or otherwise work for a competitor of a Brand while you are participating in a Gig of the Brand, unless otherwise agreed in writing with such Brand.

You agree to defend, indemnify, and hold us and our officers, directors, employees, agents, and contractors (collectively “Indemnitees”) harmless from any damages, liabilities, litigation, judgments, settlements, penalties, fines, expenses, including attorneys’ and experts’ fees, and other comparable cost (collectively “Damages”) that arise from or relates to a breach of the representations and warranties set forth in this Section 5 of these Terms.

CONTENT LICENSE.

You grant to Popular Pays and its affiliated entities a perpetual, royalty-free, fully paid up, irrevocable and non-exclusive license to copy, display, modify, distribute, store and otherwise use the Content you submit to the Platform for the purposes of: (a) conducting our, and our affiliated entities, marketing activities in the promotion of the Services including but not limited to email marketing, case studies, cover photos, and use on our social networking websites, websites, and mobile applications and (b) performing our obligations under this Agreement, including provisioning your participation using the Services under a Campaign Brief.

Subject to the terms of the applicable Campaign Brief, you to grant to Brand or its agency an exclusive (except to the rights granted herein), worldwide, royalty-free, fully paid up, transferable, sub-licensable, perpetual, irrevocable license to copy, display, upload, distribute, store, modify and otherwise use any Content that you upload, transfer or post using the Services or otherwise use in connection with a Gig.

ACCOUNTS AND SOCIAL MEDIA PROVIDERS.

To use the Services, you need to establish an account by signing up through our App or our Website (the “Account”). You agree to provide accurate, current and complete information about yourself. Registration data and other information about you and this Agreement are used, stored and disclosed in accordance with our Privacy Policy. You acknowledge and agree: (i) to provide accurate and complete Account and login information (where applicable) (e.g., full name and email); (ii) to keep all Account login details and passwords secure at all times; (iii) to remain solely responsible and liable for the activity that occurs in connection with your Account; and (iv) to promptly notify us in writing if you become aware of any unauthorized access or use of your Account or the Platform. You represent and warrant that if you are entering into these Terms on behalf of your employer or other legal entity, that you have full authority to bind said employer or other legal entity to this Agreement. Once you create an Account you will be able to customize your profile (“Creator Profile”). You are liable for any Damages caused by any unauthorized use of your password, user name, or Account.

If you are under 13 years of age, do not create an account, download our App, or access our Services in any manner. Popular Pays’ Services are not intended for anyone under 13 years of age. If you believe someone under 13 years of age may have created an Account on our Platform, please let us know by contacting us at [email protected].

If you are between 13 years of age and 18 years of age, then you may create an Account only if (a) you have permission from your parent or legal guardian to create an Account and to agree to these Terms, and upon request you are able to provide proof of such permission, and (b) you are legally permissible to apply for and complete Campaigns under the applicable federal and state laws and regulations, including compliance with Fair Labor Standards Act (FLSA) or other youth or child labor laws, if applicable.

If you are found to be in breach of this Section, Popular Pays’ reserves the right of terminating your Account immediately and barring you from establishing any other Account, without giving any notice to you.

DO NOT SIGN UP FOR AN ACCOUNT IF YOU DO NOT AGREE TO BE BOUND BY AND COMPLY WITH THIS AGREEMENT. BY OPENING UP AN ACCOUNT YOU AGREE TO BOUND BY AND COMPLY FULLY WITH THIS AGREEMENT.

In order to fully use the Services, you will need to verify your Social Media Provider account(s). Once your Social Media Provider is verified by us, we may access information and relevant data provided by you and your Social Media Provider, and we will use, store and disclose such information in accordance with our Privacy Policy. You may need to provide your login information including your password, directly to such Social Media Provider, and not to us. We are not responsible for any action taken by the Social Media Providers, or the accuracy or availability of any information provided by the Social Media Providers.

You agree to defend, indemnify, and hold Popular Pays and its Indemnitees harmless from any and all Damages that result from your breach of this Section 7.

POPULAR PAYS COMMUNICATION.

By establishing an Account with Popular Pays, you agree to receive communications from us, including via e-mail, text messages, and push notifications. If you wish to not receive any promotional emails from Popular Pays please email [email protected] or follow the unsubscribe options in the promotional emails.

You may not be able to unsubscribe from receiving essential Service-related and Account-related informational (transactional) emails from Popular Pays. If you do wish to unsubscribe from such emails, please send your request to [email protected] with subject line: “Unsubscribe from Popular Pays Transactional Emails.”. Please note that unsubscribing from such emails will impact your use and enjoyment of Popular Pays Services, including the Platform, Website and App, and will impact your communication with us and/or Brands.

You can opt out of receiving push notifications through your device settings. Please note that opting out of receiving push notifications may impact your use of our Services.

ACCEPTABLE USE POLICY AND CORRECTIVE ACTION.

You are responsible for your conduct and any Content that you upload, share, post, submit, publish, send, display or transmit (collectively, “Transmit”) via the Services. You agree that you will never use the Services to:

Transmit Content in any manner that infringes any intellectual property or other proprietary rights of any party;
Transmit Content that is unlawful or promotes unlawful activity or provides instructional information about unlawful activities, or that is harmful, threatening, abusive, harassing, inflammatory, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, sexually suggestive, libelous, invasive of another’s privacy (or creates a privacy or security risk to any person), or hateful racially or ethnically;
Transmit Content that constitutes unsolicited or unauthorized advertising or promotional materials or commercial activities;
Impersonate any person or entity, or falsely state or otherwise misrepresent or fail to represent your affiliation with a person or entity; or
Transmit any software viruses, spyware, worms, malware or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or other equipment.

APPLYING TO PARTICIPATE IN A CAMPAIGN AND/OR USING OUR THREADS

You may be able to view different Brands’ Campaigns based on your followers on Social Media Provider and any other parameters decided by the Brands. Brands may require you to provide certain information related to your age, gender, or location in order to participate in a Gig. See our Privacy Policy for more information. You may decline to provide this information. But if you do, you may not be able to participate in a Gig.

The Campaigns that you can see and apply to are solely based on social networks that you have connected to the Platform and your follower counts on such social networks, and not on your age, gender, or location, or any other information you provide to us, unless otherwise communicated to you via the Platform or other communications, such as email or based on parameters as further described in a Campaign Brief. However, you may be a recommended match for a Campaign based on information you provide and the information provided by Brand or its agency. These recommendations in no manner guarantee that the Brand or its agency will select you to participate in the Campaign. You may participate in multiple Gigs with different Brands or agencies provided such Brand or its agency approves you participation in such Gigs.

By using the Services, including but not limited to when you apply to a Campaign Brief or engage with us or a Brand via our Threads tool, you authorize us to provide the Brand or its agency with some or all of the following information concerning you:

your name and Social Media Provider identification and handle;
your contact information and email address;
rates and pricing to which you have agreed;
sizing, product preferences, and biographical information;
information from your Creator Profile;
any ideas, content or answers you provide to questions listed as part of the application process for each campaign; and
any additional information or Content you decide to share via our Threads tool.

A Campaign Brief includes the terms, conditions, fees, parameters, specifications, and other terms and conditions of a Brand’s campaign. The Campaign Brief is a legal contract between you and the Brand and/or the agency on behalf of the Brand. You agree to treat the contents of the Campaign Brief and any information related to the Brand and its agency as confidential and not to disclose such information to any third party.

The Brands and/or the agencies are a third party beneficiary of this Agreement and, upon your acceptance of this Agreement and participation in a Gig, the Brand and/or its agency shall have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary hereof. This Agreement incorporates by reference the Brand’s and/or its agency’s Brief, which is an enforceable agreement between you and the Brand and/or its agency.

Your access to and use of the materials in the Campaign Brief requires you to review, acknowledge and accept the terms of the Campaign Brief, and once executed by you, will constitute a valid and binding agreement, and such terms and conditions will be incorporated into this Agreement for all purposes. Your failure to agree to the Campaign Brief will restrict you from participating in the Gig. Any non-compliance by you with the terms of such Campaign Brief will be deemed a violation of this Agreement.

In order to assign you a Gig or approve your participation in a Gig, Brands may be able to view your avatar, ratings, and content posted on your Social Media Provider. They will also be able to look at your stats related to completion of your Gigs, etc. If necessary, Brands will contact you through the Service.

If your participation in a Gig is approved and accepted by the Brand and/or its agency on behalf of the Brand, you agree to Transmit the Content to your Social Media Provider as directed in the Campaign Brief. Unless otherwise agreed upon in writing with a Brand, you agree that the Content that you produce for a Gig will be fully owned by the Brand to the fullest extent allowed by Applicable Laws and that you will not have the right to use such Content after the Gig without the prior written consent of the Brand and/or its agency on behalf of the Brand.

You acknowledge, agree, represent, and warrant that (i) Popular Pays will not in any manner approve or be responsible for your Content whether or not posted on the Platform or you use our Services in connections with a Gig, and (ii) you are solely responsible for your Content whether or not posted on the Platform or you use our Services in connection with a Gig. You agree to defend, indemnify, and hold Popular Pays harmless from any Damages arising out of or in connection with your breach of this representation and warranty.

You agree not to use any Content in a Gig which is not approved in advance by the Brand and/or its agency. You agree to comply with all of the terms and conditions of the Campaign Brief. By posting Content on any social media, you agree to comply with and be bound by the terms and conditions of the Campaign Brief. Do not post Content if you do not agree to all of the terms and conditions of the Campaign Brief.

BRAND FEEDBACK.

After your Content is approved by the Brand or its agency, the Brand or its agency may be able to give you a review based on the criterion that is listed on the Campaign Brief.

YOUR CODE OF CONDUCT AND OBLIGATIONS UNDER A CAMPAIGN BRIEF.

In connection with your participation in a Gig, you agree at all times to comply with the following code of conduct:

You will abide by all terms and conditions outlined in the applicable Campaign Brief including but not limited to required social media tags and disclosures (“Required Tags”).
You will comply with all of the terms and conditions of the Campaign Brief.
You agree that you shall disclose your connection to the Brand in each post of Content as specified by the Campaign Brief by including, for instance, a hashtag such as #ad or #sponsored or a phrase similar to, “I’m working for [Brand Name]”.
You agree to follow all required photo review and approval processes required by the Brand.
You agree that you will not transmit any Content to your website or
Social Media Provider account without obtaining the prior written approval of the Brand or its agency.
You further agree that the Brand or its agency has the sole discretion to accept or reject your submitted Content.
You agree to comply with all the applicable laws, rules, regulations, and guidelines.
You will clearly and conspicuously identify your connection with the Brand (i.e. that you received benefits) at any time you make a public statement or post about Brand or its products or services.
You will state your honest views regarding the products which must reflect your true and actual experiences, opinions and belief based upon your use of the Brand’s products or services. You agree not to make claims about the Brand or its products or services that are not within the reasonable written guidelines provided to you by the Brand or its agency.
You will limit your posting of Content to those websites, and Social Media Provider accounts specified in the Campaign Brief.
You will represent the Brand and its products and services in a positive light.
You will not make any statements regarding the products or services of Brand’s competitors.
You will not impersonate any other person or entity, actual or fictitious, including by impersonating an employee or consultant of Brand.
You will respect the intellectual property and proprietary rights of others and you will not post any Content unless you have the necessary permissions including any identifiable third party brand logos or markers, and that you will not post the confidential or proprietary information of any party.
You agree that if any Content contains an image of another identifiable person that you have obtained from them all necessary authorizations and will obtain a written release in a form acceptable to us as requested.
You will ensure that the Content will not include Content that is profane, pornographic, sexually explicit, violent or derogatory of any ethnicity, race, gender, religion or faith, profession or age group; promotes excessive alcohol consumption, or in any way illegal drugs, tobacco, firearms/weapons or a particular political agenda; is obscene or offensive; or promotes or depicts unsafe activities or inhumane behavior or activities.
You further ensure that the Content will not be placed adjacent to content that promotes pornography, violence, or the use of firearms, contains obscene language, or falls within another category stated in the Campaign Brief.
You will comply with all industry-specific rules and regulations as instructed in the Campaign Brief relating to the advertising of Client’s products or services.
You agree not to edit Content after Transmit, unless otherwise noted in the Campaign Brief or notified in writing by the Brand or Popular Pays.
We reserve the right on behalf of the Brands and/or their agencies, for any reason or no reason, to remove from the Platform or Services any Content posted by you. To the extent you are not in compliance with the terms of the Campaign Brief (without limiting any remedies that may be available to us) or you violate any of these code of conduct requirements, you will, promptly upon receiving a written request from us, the Brand or its agency, correct, replace, remove and/or takedown any non-compliant Content that you have posted to your Social Media Provider accounts, or any website to which you have posted Content.

PAYMENT.

Subject to your compliance with this Agreement and the Campaign Brief you shall be compensated in United States dollars (“Payment”) for the Content that is accepted by the Brand and posted to your Social Media Provider accounts or webpages in accordance with the terms of the Campaign Brief. To the extent that you are entitled to Payment, we will determine the method and you will provide reasonable cooperation in facilitating the Payment.

For example, if we pay you through PayPal, you will be required to establish a PayPal account and to provide us with sufficient information to allow us to transfer funds to you. If we pay you via ACH through Dwolla, another third-party payment provider, you will provide Dwolla with accurate payment information through our Platform, and you expressly authorize Popular Pays’ service provider, Dwolla, Inc. to originate credit transfers to your financial institution. Unless otherwise agreed to by you and the Brand or its agency on behalf of the Brand, your fees and other consideration for your participation in the Gig will be set forth in the Campaign Brief.

You agree:

to provide accurate information for facilitating Payment. You may be required to enter the information for our above mentioned third-party payment providers over our Platform. Please note that Popular Pays does not store or display the information, except displaying the last four (4) digits of your bank account when you enter the information. If we are unable to facilitate the Payment because of inaccurate information provided by you, we will inform you through reasonable means and you will have 15 days to furnish accurate information to us for facilitating Payment.
that Popular Pays is not responsible for any Payment made to an incorrect bank account or PayPal account based on incorrect information provided by you.
to promptly return the Payment to us, if at any time it is determined that you were paid by us in error or have been paid for a Gig where you did not fully fulfill the obligations as outlined in the Campaign Brief or in accordance with the Campaign Brief. Popular Pays will contact you if this is the case and we will provide you with information for returning the funds to us. The Payment must be returned by you to us within 7 days of receiving return payment information. Alternatively, we may deduct the amount to be returned by you from future payments.
to promptly return any payments to us, if such payments remitted to you is more than Payment due. You also agree to contact us immediately at [email protected] to inform any over payment.
you, the Creator, are responsible for all fees, such as equipment rentals, photographer fees, model fees, location fees, government fees etc., that may be incurred in connection with a Gig.
you will report to all applicable government agencies as income all payments received by you pursuant to this Agreement. This means you will be solely responsible for payment of all withholding taxes, social security, workers’ compensation, unemployment and disability insurance or similar items required by any government agency for any payments received by you.
you are not entitled to any benefits paid or made available by Popular Pays to its employees, including, without limitation, any vacation or illness payments, or to participate in any plans, arrangements or distributions made by Popular Pays pertaining to any bonus, stock option, profit sharing, insurance or similar benefits.
to defend, indemnify and hold harmless Popular Pays and its Indemnitees from and against any and all Damages arising from your breach of the foregoing obligations.

CONFIDENTIALITY.

In the event that any information is disclosed to you through your access to the Services related in any way to Popular Pays and its business and the business of its customers which it deems to be confidential and proprietary, including but not limited to any Campaign Brief, you agree to hold such information in the strictest of confidence.

You acknowledge that we or a Brand or its agency may provide confidential and proprietary information to you in connection with your use of the Services or participation in a Gig including, but not limited to Popular Pays’ Platform, App, identity of our customers, including any Brand or its agency contacts, names, phone numbers, addresses, e-mail addresses, campaign, Campaign Brief, campaign history, campaign preferences, pricing information and other information regarding a Brand’s products, services, or initiatives, or other topics of the Campaign Brief and all other information which Popular Pays considers to be confidential and proprietary or any special treatment that you may receive (which Popular Pays reserves the right to provide in its sole discretion to any creator).

Except as needed to perform your obligations hereunder, during the Term, you shall keep confidential and not disclose any information contained in a Campaign Brief or prepared for while participating in a Gig, including, but not limited to, topics, story projects or source information, prior to such information becoming available to the public.

During the Term of this Agreement, you will also keep confidential and not disclose the terms of this Agreement or to use any such information for your own purposes.

Any information provided by you and marked as “confidential” shall be deemed confidential information.

Each party agrees that it will take all appropriate steps to protect confidential information from unauthorized disclosure, that it will not disclose such confidential information to any third party, and that it will not use any Confidential Information (other than as authorized by this Agreement) without the prior written consent of the other Party. Notwithstanding the above, each party may disclose the other party’s confidential information to its employees, consultants and representatives on a need to know basis, provided that it shall remain liable for any breach of the confidentiality obligations under this Agreement by any of the aforementioned persons. The parties’ obligations with respect to confidential information shall continue for a period of 5 years from the date of termination or expiration of this Agreement or until such confidential information becomes publicly known, other than by breach of this Agreement by such Party.

INDEMNIFICATION.
1. If Popular Pays and/or its affiliates, officers, employees, managers, directors, customers and agents (the “Indemnified Parties”) incur or suffer any loss or liability whatsoever (including but not limited to a fine, penalty, damages award, legal costs and expenses such as attorney’s fees, etc.) under or in connection with any demand, claim, suit, or proceeding made or brought by a third party (whether by an individual, organization, or governmental agency) against Popular Pays Indemnified Parties which could arise from the following: (a) a breach of this Agreement or underlying Campaign Brief and/or from any use of the Services; (b) any other party’s access and use of the Service with your unique username, password or other appropriate security code; (c) the negligence, gross negligence or willful misconduct of you or your employees, agents or contractors; (d) incorrect information provided by you in your Account or elsewhere; or (e) a failure by you or your employees, agents, contractors or invitees to comply with Applicable Laws and regulations, (each, a “Claim“), you shall:
  (a) Indemnify and hold harmless the Popular Pays Indemnified Parties for such losses and liabilities; and
  (b) Defend Popular Pays Indemnified Parties against the Claim, at your own cost and expense.
2. Indemnity Procedure. As a condition to indemnification under this Section (INDEMNIFICATION), the Indemnified Party agrees: (A) to provide you with prompt written notice of the Claim; (B) to cede to you sole control of the defense and settlement of the Claim (except that any settlement shall require the indemnified Party’s prior written consent, not to be unreasonably withheld, conditioned or delayed); (C) to provide you with all information and assistance reasonably requested; and (D) not to admit any liability under (or otherwise compromise the defense of) the Claim. The indemnified Party may participate in the defense of the Claim at its own cost and expense.

DISCLAIMER OF WARRANTIES.

YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE EXPRESSLY DISCLAIM, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT (I) THE SERVICES WILL MEET YOUR REQUIREMENTS, (II) ACCESS TO THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR (III) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS.

YOU AGREE THAT POPULAR PAYS IS NOT LIABLE FOR ANY DAMAGES OR INJURY RESULTING FROM YOUR USE OF OUR SERVICES, OR PARTICIPATION IN A GIG. THERE IS NO WARRANTY WHICH WILL EXTEND BEYOND THE DESCRIPTION ON THE FACE HEREOF. ANY DAMAGE ALLEGED FOR A LOSS OR INJURY IS LIMITED TO THE FEE, IF ANY, PAID TO POPULAR PAYS FOR THE ABILITY TO ACCESS THE PLATFORM AND/OR USE OF THE SERVICES.

LIMITATION OF LIABILITY AND ASSUMPTION OF RISK.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, POPULAR PAYS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, INCLUDING FEES NOT RECEIVED AS A RESULT OF MALFUNCTION OF THE PLATFORM, WHETHER DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE.

IN NO EVENT SHALL POPULAR PAYS’ TOTAL LIABILITY FOR ALL CLAIMS RELATED TO THE SERVICES OR THIS AGREEMENT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100.00) OR ANY AMOUNTS PAID BY POPULAR PAYS TO YOU IN THE SIX (6) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE CLAIM.

YOU AND YOUR HEIRS HEREBY VOLUNTARILY AGREE TO RELEASE, WAIVE, DISCHARGE, HOLD HARMLESS, POPULAR PAYS AND ITS OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, AGENTS, SUCCESSORS AND ASSIGNS, FROM AND AGAINST ANY CLAIMS, DISPUTES, DEMANDS, LIABILITIES, DAMAGES, LOSSES, AND COSTS AND EXPENSES, INCLUDING, WITHOUT LIMITATION, REASONABLE LEGAL AND ACCOUNTING FEES ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR ACCESS TO OR USE OF THE SERVICES.
TERM AND TERMINATION.
This Agreement is effective upon your creation of an Account. This Agreement may be terminated: (a) by you, without cause, upon seven (7) days’ prior written notice to Popular Pays; or (b) by either Party immediately, without notice, upon the other Party’s material breach of this Agreement, including but not limited to any breach of Section 13 of this Agreement.

In addition, Popular Pays may, immediately and without notice, terminate this Agreement, deactivate your Account, or your Gig (as applicable) in the event: (1) you no longer qualify to participate in a Gig; (2) you fall below Popular Pays or a Brand’s rating; (3) Popular Pays has the good faith belief that such action is necessary to protect the Brand, other Creators, or Popular Pay’s Platform and/or Services; or (4) at the request of the Brand.

In the event of a deactivation pursuant to (1)-(4) above, you may, at Popular Pays’ sole discretion, be given notice of the potential or actual deactivation and an opportunity to attempt to cure the issue to Popular Pays’ or Brand’s (as applicable) reasonable satisfaction prior to Popular Pays’ permanently terminating the Agreement.

For all other breaches of this Agreement, you will be provided notice and an opportunity to cure the breach (to the extent curable). If the breach is cured in a timely manner and to Popular Pays’ satisfaction, this Agreement will not be permanently terminated.

Sections 2, 3, 4, 6, 7, 8, 9, 11to 31 shall survive any termination or expiration of this Agreement.
RELATIONSHIP OF THE PARTIES.
The parties hereto are independent contractors and nothing contained herein shall be interpreted as creating any relationship other than that of independent contracting parties. The parties shall not be construed as being partners, joint ventures, shareholders, employer/employee, agent/servant. The Creator has no power or authority to bind Popular Pays to any obligation, agreement, debt or liability. The Creator shall not hold itself out as an agent or representative of Popular Pays. Each Creator acknowledges and agrees that (a) he/she is free from the control and direction of Popular Pays in connection with his/her development of Content, participation in a Gig, or performance of his/her obligations and duties under these Terms and the Brief, (b) the services to be performed by such Creator under this Agreement and the Brief are outside of the usual course of Popular Pay’s business, and (c) such Creator is customarily engaged in an independently established trade, occupation, or business of the same nature as the services to be performed pursuant hereto or the Campaign Brief. The Creator will be solely responsible for determining the method, details and means of performing the services hereunder and in the Campaign Brief and the Gig. Neither party shall be the authorised agent of the other party or have the right or authority either express or implied to create or incur any liability against or on behalf of any other party other that those obligations and liabilities in this Agreement.
SUBMISSIONS.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Services (“Submissions”), and all rights, including intellectual property rights in such Submissions shall belong exclusively to us and that such Submissions shall be considered Popular Pays’ confidential information and you hereby irrevocably and unconditionally transfer and assign to Popular Pays all intellectual property rights you have or may have in such Submissions and waive any and all moral rights that you may have in respect thereto. . It is further understood that use of Submissions, if any, may be made by Popular Pays at its sole discretion, and that Popular Pays in no way shall be obliged to make use of any kind of the Submissions or part thereof.
COPYRIGHT INFRINGEMENT/DMCA NOTICE.
1. Removal of Content. Pursuant to the Digital Millennium Copyright Act (the “DMCA”), we have designated a Copyright Agent (as specified below) to receive notifications of claimed copyright infringement in connection with the Services. Please be advised that we enforce a policy that provides for the termination in appropriate circumstances of users of the Services who are repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide the Copyright Agent with the following information in accordance with the DMCA:
  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright;
  • A description of the copyrighted work you claim has been infringed;
  • A description of where the material that you claim is infringing is located on the Services, with enough detail that we may find it. Providing URLs in the body of an email is the best way to help us locate content quickly;
  • Your 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 copyright owner, its agent, or the law; and
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
  
  In the event that you submit an incomplete or deficient Notice or Counter Notice to Popular Pays, Popular Pays is not obligated to respond or to take further action on the matter.
2. Counter-Notification. If you believe that the material you posted was removed from the Services by mistake, and that you have the right to post the material, you may elect to send us a counter-notification. To be effective the counter-notification must be a written communication provided to our Copyright Agent that includes substantially the following (please consult your legal counsel or see the DMCA to confirm these requirements):
  • Your physical or electronic signature;
  • Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled. Providing URLs in the body of an email is the best way to help us locate content quickly;
  • A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
  • Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which the address is located, or if your address is outside of the United States, for any judicial district in which the Services may be found or accessed, and that you will accept service of process from the person who provided notification of infringement or an agent of such person.
3. Misrepresentations. Please note that under the DMCA (at 17 U.S.C. Section 512(f)) any person who knowingly materially misrepresents that material or activity is infringing or was removed or disabled by mistake or misidentification may be subject to liability.
4. Copyright Agent. Our agent for notice of claims of copyright infringement (“Copyright Agent”) can be reached as follows: Lightricks Ltd., email: [email protected].
ASSIGNMENT.
This Agreement is only for the benefit of you, the Creator. You shall have no right to assign this Agreement or any benefits or obligation hereunder to any other party or legal entity. Any attempted assignment shall be void. Provided however, if you are a Company or a legal entity using our Platform and Services, then upon our prior written approval, your employees or consultants may participate in the Gigs. Popular Pays may assign this Agreement at its sole discretion and without any limitations.
ANTI-BRIBERY AND EXPORT COMPLIANCE.
You agree not to promote, approach or use, distribute, transfer, provide, sub-license, share with, or otherwise offer the Services in violation of any Laws or this Agreement, including, without limitation, the United States Foreign Corrupt Practices Act, the UK Bribery Act and similar anti-corruption statutes in all jurisdictions. Without limiting the foregoing, you will not knowingly directly or indirectly export, re-export, transfer, make available or release (collectively, “Export”) the Services to any destination, person, entity or end use prohibited or restricted under US law without prior US government authorization to the extent required by regulation, including without limitation, any parties listed on any of the denied parties lists or specially designated nationals lists maintained under the EAR or the Security, and the Foreign Asset Control Regulations (31 CFR 500 et seq.) administered by the US Department of Treasury, Office of Foreign Assets Control without appropriate US government authorization to the extent required by regulation.
MODIFICATIONS.
Popular Pays reserves the right, at its sole discretion to modify or discontinue, temporarily or permanently, the Platform, Services or to modify this Agreement at any time and without prior notice. If we modify this Agreement, we will post the modification on the Website or the App. Modifications to this Agreement will automatically take effect upon posting; provided, however, that material changes to this Agreement will be effective as to an existing Creator thirty (30) days after posting. By continuing to access or use our Platform or Services after we have posted a modification, you are indicating that you agree to be bound by the modified Agreement. If the modified Agreement is not acceptable to you, your only recourse is to cease accessing or using the Platform and Services.
NON-DISPARAGEMENT.
During the Term and for five (5) years after that, you agree that you will not disparage Popular Pays or any of Popular Pay’s officers, directors or employees or otherwise take any action that reasonably be expected to adversely affect Popular Pay’s reputation. For purposes of this Agreement, “disparage” shall mean any negative statement, whether written or oral, about Popular Pays or any of its officers, directors or employees. You agree and acknowledge that this non-disparagement provision is a material term of this Agreement, the absence of which would have resulted in Popular Pays refusing to enter into this Agreement.
FORCE MAJEURE.
Neither you or us shall be obliged to perform any of its obligations herein if either you or us is prevented from doing so by a situation of force majeure. “Force majeure” events shall include events beyond the reasonable control of either you or us including acts of God, acts of government, acts of nature, strikes or riots, as well as improper performance by Popular Pays’ suppliers and customers, including Popular Pays’ clients, agencies or technology suppliers, including defects in objects, materials or software of third parties.
GOVERNING LAW.
This Agreement shall be governed by the law of the State of New York, without respect to its conflicts of laws principles. We each agree to submit to the personal jurisdiction of a state or federal court located in New York City, New York, for any actions not subject to Dispute Resolution and Arbitration provisions as set forth in Section 27 below.
DISPUTE RESOLUTION AND ARBITRATION.
PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH Popular pays AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.

28.1 Binding Arbitration. Except for any disputes, claims, suits, actions, causes of action, demands or proceedings (collectively, “Disputes”) in which either party seeks to bring an individual action in small claims court or seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, including, without limitation, copyrights, trademarks, trade names, logos, trade secrets or patents, you and Popular Pays agree (a) to waive your and Popular Pays’ respective rights to have any and all Disputes arising from or related to this Agreement, use of our Services and Platform, resolved in a court, and (b) to waive your and Popular Pays’ respective rights to a jury trial. Instead, you and Popular Pays agree to arbitrate Disputes through binding arbitration (which is the referral of a Dispute to one or more persons charged with reviewing the Dispute and making a final and binding determination to resolve it instead of having the Dispute decided by a judge or jury in court).

28.2 No Class Arbitrations, Class Actions or Representative Actions. You and Popular Pays agree that any Dispute arising out of or related to this Agreement or the Services, Platform, Website or App is personal to you and Popular Pays and that such Dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding. You and Popular Pays agree that there will be no class arbitration or arbitration in which an individual attempts to resolve a Dispute as a representative of another individual or group of individuals. Further, you and Popular Pays agree that a Dispute cannot be brought as a class or other type of representative action, whether within or outside of arbitration, or on behalf of any other individual or group of individuals.

28.3 Federal Arbitration Act. You and Popular Pays agree that this Agreement affect interstate commerce and that the enforceability of this Section 27shall be both substantively and procedurally governed by and construed and enforced in accordance with the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (the “FAA”), to the maximum extent permitted by applicable law.

28.4 Notice; Informal Dispute Resolution. You and Popular Pays agree that each party will notify the other party in writing of any arbitrable or small claims Dispute within thirty (30) days of the date it arises, so that the parties can attempt in good faith to resolve the Dispute informally. Notice to Popular Pays shall be sent by certified mail or courier to Lightricks, Ltd. Attn: Legal, Building 5.4, Professor Racah, Givat Ram Campus Jerusalem, Israel, 91904, or via email: [email protected]. Your notice must include (a) your name, postal address, telephone number, the email address you use or used for your Popular Pays account and, if different, an email address at which you can be contacted, (b) a description in reasonable detail of the nature or basis of the Dispute, and (c) the specific relief that you are seeking. Our notice to you will be sent electronically in accordance with this Agreement and will include (x) our name, postal address, telephone number and an email address at which we can be contacted with respect to the Dispute, (y) a description in reasonable detail of the nature or basis of the Dispute, and (z) the specific relief that we are seeking. If you and Popular Pays cannot agree how to resolve the Dispute within thirty (30) days after the date notice is received by the applicable party, then either you or Popular Pays may, as appropriate and in accordance with this Section, commence an arbitration proceeding.

28.5 Process. EXCEPT FOR DISPUTES IN WHICH EITHER PARTY SEEKS TO BRING AN INDIVIDUAL ACTION IN SMALL CLAIMS COURT OR SEEKS INJUNCTIVE OR OTHER EQUITABLE RELIEF FOR THE ALLEGED UNLAWFUL USE OF INTELLECTUAL PROPERTY, INCLUDING, WITHOUT LIMITATION, COPYRIGHTS, TRADEMARKS, TRADE NAMES, LOGOS, TRADE SECRETS OR PATENTS, YOU AND POPULAR PAYS AGREE THAT ANY DISPUTE MUST BE COMMENCED OR FILED BY YOU OR POPULAR PAYS WITHIN ONE (1) YEAR OF THE DATE THE DISPUTE AROSE, OTHERWISE THE UNDERLYING CLAIM IS PERMANENTLY BARRED (WHICH MEANS THAT YOU AND POPULAR PAYS WILL NO LONGER HAVE THE RIGHT TO ASSERT SUCH CLAIM REGARDING THE DISPUTE).

28.6 American Arbitration Association Rules. You and Popular Pays agree that (a) any arbitration will occur in New York City, New York, (b) arbitration will be conducted confidentially by a single arbitrator in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section, and (c) that the state or federal courts of the State of New York, have exclusive jurisdiction over any appeals and the enforcement of an arbitration award. You may also litigate a Dispute in the small claims court located in the county of your billing address if the Dispute meets the requirements to be heard in small claims court.

28.7 Authority of Arbitrator. As limited by the FAA, these Terms and the applicable AAA rules, the arbitrator will have (a) the exclusive authority and jurisdiction to make all procedural and substantive decisions regarding a Dispute, including the determination of whether a Dispute is arbitrable, and (b) the authority to grant any remedy that would otherwise be available in court; provided, however, that the arbitrator does not have the authority to conduct a class arbitration or a representative action, which is prohibited by this Agreement. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual. Notwithstanding anything to the contrary herein or the applicable AAA rules. discovery in the arbitration shall be limited to one set of interrogatories, one set of request for admissions, and one set of request for production of documents.

The arbitrator’s award of damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law. We will not seek, and hereby waives all rights it may have under applicable law to recover, attorneys’ fees and expenses if it prevails in arbitration.

28.8 Rules of AAA. The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879. By agreeing to be bound by this Agreement, you either (a) acknowledge and agree that you have read and understand the rules of AAA, or (b) waive your opportunity to read the rules of AAA and any claim that the rules of AAA are unfair or should not apply for any reason.

28.9 Severability. If any term, clause or provision of this Section is held invalid or unenforceable, it will be so held to the minimum extent required by law, and all other terms, clauses and provisions of this Section will remain valid and enforceable. Further, the waivers set forth in this Section are severable from the other provisions of this Agreement and will remain valid and enforceable, except as prohibited by applicable law.

28.10 Opt-Out Right. You have the right to opt out of binding arbitration within thirty (30) days of the date you first accepted the terms of this Section by writing to: Lightricks, Ltd., Building 5.4, Professor Racah, Givat Ram Campus Jerusalem, Israel, 91904, or via email: [email protected]. In order to be effective, the opt out notice must include your full name and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve Disputes in accordance with Section 28.
ENTIRE AGREEMENT.
This Agreement along with the Privacy Policy constitutes the entire agreement between you and us and supersedes any prior agreements between you and us with respect to the subject matter herein. Our failure to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, we both nevertheless agree that the court should endeavor to give effect to our intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. A party’s failure to act with respect to a breach by the other party does not constitute a waiver of the party’s right to act with respect to subsequent or similar breaches. All the sections intended to survive the termination of this Agreement shall survive. The section titles in this Agreement are for convenience only and have no legal or contractual effect. Except as explicitly stated otherwise, any notices to Popular Pays shall be given by certified mail, postage prepaid and return receipt requested to Lightricks, Ltd., Building 5.4, Professor Racah, Givat Ram Campus Jerusalem, Israel, 91904, or via email: [email protected]. Any notices to you shall be provided to you through our Website or App, or given to you via the email address or physical address you provide to Popular Pays during the registration process.
Privacy.
Each Party agrees to fully comply with the applicable privacy regulations. We will use any personal information that we may collect or obtain in connection with the Services in accordance with our Privacy Policy available at: https://popularpays.com/privacy/, as may be updated from time to time. You further agree that we may use personal information that you provide or make available to us in accordance with the Privacy Policy.
Distributor Requirements and Usage Rules.
Apple. If you download the App from the Apple, Inc. (“Apple”) App Store (or in any event if you download an Apple iOS App) then, without derogating from the warranty disclaimers and limitation of liability as set forth in the Agreement:

(i) You acknowledge and agree that:
- (a) this Agreement is concluded between Popular Pays and you only, and not with Apple, and Popular Pays and its licensors, and not Apple, are solely responsible for the App and the content thereof.
- (b) your use of the Platform through the App is also subject to the usage rules established by Apple, including those set forth in the Apple App Store Terms of Service, effective as of the date that you enter into this Agreement.
- (c) the license granted herein is limited to a non-transferable right to use the App on an Apple iPhone, iPod Touch, iPad, or other Apple-branded product that you own or control and that runs the iOS;
- (d) Popular Pays is solely responsible for providing any maintenance and support services with respect to the App. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App;
- (e) Popular Pays is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will, to the extent applicable, refund any purchase price paid (if any) by you for the App to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Popular Pays’ sole responsibility;
- (f) Popular Pays, and not Apple, is responsible for addressing any product claims you, or any third party, may have relating to the App or your possession and/or use of the App, including, but not limited to: (a) product liability claims; (b) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation;
- (g) in the event of any third party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights, Apple shall not be responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim;
- (h) Apple, and its subsidiaries, are third party beneficiaries of this Agreement, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary thereof.
(ii) You represent and warrant that: (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.
(iii) If you have any questions, complaints, or claims regarding the App, please contact Popular Pays at:

Email: [email protected]

Address: Building 5.4, Professor Racah, Givat Ram Campus Jerusalem, Israel, 91904

(iv) By entering into this Agreement you, to the extent legally permitted, hereby waive any applicable law requiring that this Agreement be localized to meet your language and other local requirements. To the extent that the foregoing is not permitted, you agree to be bound by the standard Apple Licensed Application End User License Agreement which is part of the Apple App Store Terms of Service, at apple.com/legal/itunes/us/terms.html#SERVICE (as amended from time to time).

PLEASE NOTE THAT BY USING THE WEBSITE, APP, PLATFORM AND/OR THE SERVICES YOU ARE AGREEING TO BE BOUND BY AND TO COMPLY WITH THE TERMS DESCRIBED HEREIN. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE OUR WEBSITE, APP, PLATFORM, AND/OR SERVICES AND EXIT IMMEDIATELY.

Last updated: APRIL 19, 2022

Last updated April 19, 2022

Creator Terms of Service