Terms of Service

1. Agreement and eligibility

These Terms of Service (“Terms”) apply when you access or use the Popout desktop application, popout.space, the retained withclarity.ai website, and Popout’s related authentication, subscription, download, and online-feature services (together, the “Service”). By using the Service, you agree to these Terms and our Privacy Policy.

The Service is operated under the Popout name by ACE IT, a sole proprietorship. References to “Popout,” “we,” and “us” mean ACE IT as the operator of the Service.

You must be at least 18 years old, or the age of legal majority where you live, and able to form a binding contract. If you use Popout for an organization, you represent that you are authorized to accept these Terms for it.

2. Your account

You must provide accurate account information and keep your sign-in method and device secure. You are responsible for activity under your account. Tell us promptly if you believe your account or a Popout session has been compromised. You may not sell, transfer, or share an account in a way that defeats plan limits or security controls.

3. The Service and storage

Popout is a visual workspace for organizing notes, files, links, media, and related material. Popout may process and store information on your device, on infrastructure operated for Popout, through service providers, or through a combination of those locations. The storage and processing model may differ by feature, plan, platform, setting, release channel, or product version and may change over time. You authorize this processing as necessary to provide the Service.

Hosted, synchronization, backup, search, sharing, and multiplayer features may upload, copy, retain, index, transform, and synchronize Your Content across devices, users, and infrastructure. If you invite another person or share content, that person may view, modify, copy, download, or further share it according to the permissions and features available. You are responsible for choosing collaborators and access settings appropriate for Your Content.

Unless Popout expressly offers a specific backup commitment in writing, the Service is not a backup or archival service. You are responsible for maintaining appropriate device security and independent copies of important content.

Features may differ by plan, operating system, release channel, or product version. Beta, preview, nightly, or experimental features may be less reliable and may change or be removed.

4. Paid plans, renewal, and taxes

Popout requires an account and an active subscription to use the workspace. Downloading the installer does not start a subscription or charge. Existing content is not deleted when a subscription ends.

Seeker is $2 USD/month with 100 social-provider requests per calendar month (UTC). Seeker Plus is $5 USD/month with 1,000 requests. Both include 1 GB of asset storage. Provider retries and individual media/transcript requests count separately; unused requests do not roll over. Themes and mobile access are included. Future features are not promised as currently available. Existing subscriptions retain their agreed pricing and entitlements. Seeker is not a local-only product.

Seeker and Seeker Plus are monthly subscription plans. The price and included features shown at checkout apply when you subscribe. Your subscription renews automatically each month and the payment method handled by Dodo Payments is charged unless you cancel before the next billing date. Prices include applicable tax where the purchase screen expressly says so; the checkout screen controls the final amount and currency.

Dodo Payments acts as the merchant of record and authorized reseller for purchases made through its checkout. Your purchase transaction is also governed by Dodo Payments’ Buyer Terms. Popout provides the product license, access, and product support.

We may change plan features or future prices. If a price change affects an existing subscription, we will provide any advance notice required by applicable law before the new price takes effect. Failure of a payment may suspend paid access until the payment issue is resolved.

Cancellation

You can schedule cancellation through Popout’s billing controls when available or by contacting us. Cancellation takes effect at the end of the current paid billing period, and you retain paid access until then. Deleting the desktop application alone does not cancel a subscription.

Refunds

All sales are final. Popout does not offer refunds, credits, or prorated reimbursement for purchases, renewals, unused subscription time, partial billing periods, dissatisfaction, or a change of mind. Submitting a request does not create any right or entitlement to a refund.

A refund may be issued only when Popout chooses, in its sole discretion, to approve one; when Dodo Payments determines one is available under its Buyer Terms; or when applicable law requires one. Any approved refund is issued by Dodo Payments as merchant of record, not paid directly by Popout. These narrow exceptions do not create a general refund policy or obligation.

5. Your content

You retain ownership of notes, files, images, links, and other content you place in Popout (“Your Content”). You grant Popout a worldwide, non-exclusive, royalty-free, transferable, and sublicensable license to host, store, cache, reproduce, transmit, display, perform, format, modify, adapt, translate, analyze, create technical or derived representations of, and otherwise process Your Content as reasonably useful to provide, operate, maintain, secure, personalize, support, analyze, test, research, train, evaluate, improve, develop, and expand the Service and related features, algorithms, models, automated systems, and products. This license allows us to use service providers and contractors to perform those activities for us.

This license does not transfer ownership of Your Content to Popout or authorize us to present identifiable private User Content as a public endorsement without your permission. It continues while Your Content is stored or processed by the Service and for applicable backup, security, legal, and retention periods. Rights in aggregated or de-identified information and technical learnings that do not reasonably identify you may continue indefinitely.

Popout may create usage statistics, analytics, indexes, embeddings, classifications, derived data, system improvements, models, and technical learnings from operation of the Service. As between you and Popout, Popout owns these materials to the extent they do not contain identifiable copies of Your Content, subject always to your ownership of Your Content and rights that applicable law gives you in personal information.

You are responsible for Your Content and must have the rights needed to store, copy, display, transform, or request processing of it. Popout does not grant you rights to content owned by a social platform, website, or another person merely because the Service can display or import a public link.

6. Acceptable use

You may not use the Service to:

• break the law or violate another person’s rights;
• upload, access, or distribute content without necessary permission;
• distribute malware, interfere with security, probe vulnerabilities, or disrupt the Service;
• bypass authentication, subscriptions, usage controls, or technical restrictions;
• use automated traffic that unreasonably burdens the Service or its providers; or
• impersonate another person, commit fraud, or facilitate abuse.

We may investigate suspected abuse and restrict access when reasonably necessary to protect users, providers, Popout, or the public.

7. Third-party services and content

Authentication, payments, hosting, social-content retrieval, and selected media processing depend on third-party services. Their own terms and privacy policies may apply to your direct relationship with them. We do not control third-party platforms, public links, or their continued availability, and a supported integration may stop working if a provider changes its service.

8. Software license and updates

Subject to these Terms and an active entitlement where required, we grant you a limited, personal, non-exclusive, non-transferable, revocable license to install and use the Popout desktop application. You may not redistribute, sell, rent, reverse engineer, or create a competing derivative of the application except to the extent a restriction is prohibited by law or permitted by an applicable open-source license.

Popout may check for and install or offer software updates. Updates may add, change, repair, or remove functionality and may be necessary for security or continued compatibility. Open-source components are governed by their applicable licenses.

9. Popout’s intellectual property

The Service, including its software, design, documentation, branding, and original content, is owned by Popout and its licensors and is protected by applicable intellectual-property laws. These Terms do not transfer ownership to you. If you provide feedback, you allow us to use it without restriction or compensation, but you are not required to provide feedback.

10. Availability and disclaimers

We aim to provide a dependable Service, but software and third-party systems can fail. To the maximum extent permitted by law, the Service is provided “as is” and “as available,” without warranties of uninterrupted operation, error-free performance, fitness for a particular purpose, security, or preservation of data. You should keep appropriate backups of important content. Nothing here excludes a warranty or consumer right that cannot lawfully be excluded.

Features that generate, summarize, retrieve, transform, classify, or recommend information may produce incomplete, inaccurate, outdated, or unsuitable results. Outputs are not professional legal, medical, financial, or other regulated advice. You are responsible for reviewing outputs and using appropriate human judgment before relying on them or taking an action that could affect a person, device, account, business, or important data.

11. Limitation of liability

To the fullest extent permitted by applicable law, Popout and its owners, affiliates, personnel, licensors, and service providers will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages; loss of profits, revenue, goodwill, opportunities, use, or data; business interruption; unauthorized access, disclosure, alteration, loss, corruption, or misuse of information; device compromise; third-party conduct; or the cost of substitute services arising out of or relating to the Service or these Terms, even if the possibility of the loss was known or foreseeable and regardless of the legal theory asserted.

To the fullest extent permitted by applicable law, the total aggregate liability of Popout and the parties listed above for all claims arising out of or relating to the Service or these Terms, including any direct damages for which liability is established, will not exceed the total amount you actually paid for the Service during the six months immediately preceding the event giving rise to the claim. This cap applies collectively across all claims, events, and legal theories.

The disclaimers and limitations in these Terms allocate risk between you and Popout, are reflected in the availability and price of the Service, and apply to the maximum extent permitted by law even if a remedy fails of its essential purpose. Nothing in these Terms limits or excludes liability, remedies, warranties, or consumer rights that applicable law expressly prohibits the parties from limiting or excluding.

12. Indemnification

To the fullest extent permitted by law, you will indemnify, defend, and hold harmless Popout and its owners, affiliates, personnel, licensors, and service providers from third-party claims, liabilities, damages, judgments, losses, and reasonable costs arising from your User Content, your misuse of the Service, your breach of these Terms, your violation of law, or your violation of another person’s rights. Popout may control the defense and settlement of a covered claim, and you agree to provide reasonable cooperation.

13. Suspension and termination

You may stop using Popout at any time, but must separately cancel a paid subscription to stop future renewals. We may suspend or terminate access if you materially violate these Terms, create security or legal risk, fail to pay, or misuse the Service. Where reasonable, we will give notice and an opportunity to resolve the issue. Terms that by their nature should survive termination will continue to apply.

14. Changes to the Service or these Terms

We may add, modify, restrict, suspend, replace, or discontinue any feature, integration, plan, storage or processing model, release channel, or part of the Service. We do not promise that a particular feature, provider, file format, compatibility, or free or paid offering will remain available. We will provide notice or a remedy when applicable law requires one.

We may also revise these Terms from time to time at our discretion. Revised Terms become effective when posted or on any later date stated in them. We will provide additional or advance notice when required by law or when we determine that a revision materially and adversely affects users’ rights. Revisions needed to address law, security, fraud, abuse, a new feature, or an urgent operational issue may take effect immediately where permitted by law. To the extent permitted by law, a revision will not apply retroactively to a dispute that arose before its effective date.

Continuing to access or use the Service after revised Terms take effect means you accept them. If you do not agree, you must stop using the Service and cancel any renewing subscription.

15. Governing law

These Terms are governed by the laws of India, without regard to conflict-of-law rules. Before filing a formal dispute, you agree to contact us and give both sides a reasonable opportunity to resolve it. Nothing in this section deprives you of mandatory consumer rights or a forum available to you under applicable law.

16. General terms

If a provision is unenforceable, it will be modified only as much as needed and the remaining provisions will continue. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them as part of a reorganization, financing, merger, acquisition, or sale of the business. These Terms and the Privacy Policy form the agreement between you and Popout regarding the Service.

Popout is not responsible for delay, interruption, or failure caused by circumstances beyond its reasonable control, including natural disasters, war, civil unrest, labor disputes, governmental action, utility or telecommunications failures, internet disruption, cyberattacks, epidemics, or failures of third-party platforms and providers.