Terms of Service

Last updated: September 2025

1. General Terms and Conditions

• Changes to these Terms: We may update these Terms from time to time. Where practicable, we will try to provide advance notice of material changes. Your continued use of PopCast after changes become effective constitutes your acceptance of the revised Terms.
• Eligibility: You must be at least 18 years old to use PopCast. Note: The App Store’s 17+ rating is a distribution/content rating and does not change these contractual age requirements.
• Services: PopCast is accessible via mobile devices and the web. Your carrier or internet provider may charge data or other fees. You are responsible for ensuring your device and network support the Service.
• License: We grant you a personal, worldwide, non‑exclusive, non‑transferable, revocable, non‑sublicensable license to use PopCast as permitted by these Terms.
• Intellectual Property: All PopCast trademarks, logos, brand elements, software, and materials are owned by us or our licensors. These Terms do not grant you any rights to use our branding or materials except as expressly permitted.
• Assignment; Termination for Breach: You may not assign these Terms without our written consent. We may restrict, suspend, or terminate your access for breach of these Terms or our Community Guidelines.

2. Accounts

• Account Creation: To access certain features, you must create an account and provide accurate information. You are responsible for maintaining the confidentiality of your credentials and for all activity under your account. Report any unauthorized use immediately to admin@popcast.cc.
• Public Streams: Streaming and chat interactions on PopCast may be public by default. Use discretion when sharing information.

3. Your Content and License

• Definitions: “User Content” means content you create, stream, upload, post, or transmit on PopCast. “PopCast Content” means content we provide (including software, designs, text, and features).
• Ownership: You retain ownership of your User Content. By posting or streaming on PopCast, you grant PopCast a worldwide, non‑exclusive, royalty‑free, transferable and sublicensable license to host, store, cache, reproduce, adapt, translate, transmit, display, distribute, and create derivative works of your User Content solely to operate, provide, improve, and promote the Service (including showcasing PopCast features). This license continues for backups and lawful archival even after deletion where required by law or for legitimate business purposes.
• No Pre‑Screening: We do not pre‑screen all content but may remove or restrict content or access at our discretion for violations of these Terms, our Community Guidelines, or applicable law.
• Advertisements: PopCast may show ads near or within content. Ad placement does not imply endorsement of any User Content.
• Content Restrictions: You must have the rights to the content you stream or upload; do not post content that violates privacy, publicity, copyright, trademark, contract, or other rights; do not post content that would require us to pay royalties to third parties; and only stream games, media, or events you are authorized to broadcast.

4. Prohibited Content and Conduct

• Illegal or harmful activity (including stalking, exploitation, non‑consensual intimate imagery, doxxing, and incitement to violence).
• Sexual content involving minors or sexual exploitation of minors (zero tolerance). We report qualifying content to the National Center for Missing & Exploited Children (NCMEC) and/or applicable authorities.
• Hate speech, harassment, threats, or content that promotes discrimination against protected classes.
• Violent or graphic content intended to shock or glorify harm.
• Infringement of third‑party intellectual property or other rights.
• AI‑generated content is subject to the same rules; do not use AI to generate prohibited content or to impersonate, mislead, or violate rights.

Report violations in‑app or via admin@popcast.cc. Additional resources: NCMEC (North America, AU, NZ), local law enforcement channels in the EU, and the International Centre for Missing & Exploited Children.

5. Screen Recording and Content Protection

• Unauthorized screen recording of PopCast streams is prohibited. Technical measures may detect screen capture and limit functionality.
• Attempts to circumvent protections may result in account suspension or termination and potential legal action.
• We support creator rights enforcement, including DMCA takedowns for unauthorized distributions.

6. Payments – SuperFan (One‑Time Purchase)

• Single IAP: PopCast offers a single in‑app purchase called “SuperFan” per creator for $4.99 (USD). There are no subscriptions and no virtual currencies.
• How payments work: Payments may be processed by Apple (iOS In‑App Purchase) or our third‑party payment processor (e.g., Stripe) depending on platform. Taxes may apply.
• What you get: SuperFan unlocks perks designated by the creator or platform (for example: badges, priority chat, access to SuperFan‑only streams). Perks may change over time.
• Refunds: Digital purchases are generally non‑refundable except where required by law or by the applicable platform’s policies (e.g., Apple’s policies). If a creator blocks you, SuperFan status for that creator ends and is not refunded.
• Fraud & abuse: We may revoke SuperFan access in cases of fraud, chargeback, or policy violations without refund.

7. Moderation and Enforcement

• We may remove content, restrict features, suspend, or terminate accounts that violate these Terms, our Community Guidelines, or the law.
• We may preserve and disclose information if we believe it is reasonably necessary to comply with law, enforce these Terms, detect or prevent fraud or security issues, respond to support requests, or protect the rights, property, or safety of our users or the public.
• Appeal processes may be available within the app where appropriate.

8. Privacy

Your use of PopCast is subject to our Privacy Policy, which explains how we collect, use, and share information.

9. DMCA – Copyright Policy

We respect intellectual property rights and comply with the Digital Millennium Copyright Act (DMCA). If you believe content on PopCast infringes your rights, send a notice to our Copyright Agent:

Email: admin@popcast.cc

Your notice must include: (1) your physical or electronic signature; (2) identification of the copyrighted work; (3) identification of the material to be removed and information sufficient to locate it; (4) your contact information; (5) a statement of good‑faith belief that the use is not authorized; and (6) a statement under penalty of perjury that the information is accurate and that you are authorized to act on behalf of the owner.

10. Service Changes and Acceptable Use

• We may add, modify, or remove features or suspend the Service at any time. We will try to notify you when feasible.
• Do not circumvent security or content‑filtering systems, access areas you are not authorized to, or interfere with the Service’s operation.
• Commercial use of the Service (including selling access, ads, or sponsorships) requires our prior written permission unless enabled within PopCast.

11. Dispute Resolution; Arbitration

To the extent permitted by law, you and PopCast agree that any dispute arising out of or relating to these Terms or the Service will be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. There will be one arbitrator, the seat of arbitration will be San Francisco County, California, and the language will be English. You may opt out of this arbitration agreement within 30 days of creating your account by emailing admin@popcast.cc with the subject line "Arbitration Opt‑Out" and your account email. Nothing in this section prevents either party from seeking injunctive or other equitable relief or from bringing an individual claim in small claims court where permitted.

12. Governing Law; Venue

These Terms are governed by the laws of the State of California, excluding its conflicts of laws rules. Where a dispute is permitted to proceed in court, you and PopCast agree to the exclusive jurisdiction and venue of the state and federal courts located in San Francisco County, California, unless prohibited by the laws of your country of residence.

13. Disclaimers; Limitation of Liability

• PopCast is provided “as is” and “as available” without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, and non‑infringement. We do not guarantee uninterrupted, secure, or error‑free operation.
• To the fullest extent permitted by law, PopCast and its affiliates will not be liable for indirect, incidental, special, consequential, punitive, or exemplary damages, or any loss of profits, data, goodwill, or other intangible losses. Our aggregate liability for all claims in any 12‑month period will not exceed the amounts you have paid to PopCast for paid features in that period.

14. Indemnification

To the extent permitted by law, you agree to indemnify and hold harmless PopCast and its affiliates, officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or related to your use of the Service, your User Content, or your violation of these Terms or applicable law.

15. Third‑Party Services

Third‑party services (e.g., app stores, payment processors) are governed by their own terms and policies. PopCast is not responsible for third‑party services.

16. Miscellaneous

• These Terms constitute the entire agreement between you and PopCast regarding the Service.
• If any provision is found unenforceable, the remaining provisions remain in full force and effect.
• No waiver of any term is a further or continuing waiver.
• You may not assign these Terms without our written consent; we may assign them in connection with a merger, acquisition, or sale of assets.

17. Contact

Questions? Email admin@popcast.cc.