Terms and Conditions

Last Updated: January 1, 2026

This is a legally binding agreement between You and PopScal. Please read these Terms carefully before using the Platform.

IMPORTANT NOTICE: These Terms contain important provisions including limitations of liability, an arbitration clause (Section 27), class action waiver, and Grievance Redressal mechanisms. Please read them carefully.

1. About PopScal and These Terms

Welcome to PopScal. These Terms and Conditions ("Terms") constitute a legally binding agreement between you ("you," "your," "User") and PopScal Technologies ("PopScal," "Company," "we," "us," or "our"), the operator of the PopScal platform available at popscal.com and its associated mobile applications and services (collectively, the "Platform" or "Services").

PopScal is an all-in-one creator economy platform offering the following core services:

  • Digital Products Marketplace: A platform where Creators can list, sell, and deliver digital products (e-books, courses, templates, music, software, art, and other digital content) to Buyers worldwide.
  • Instagram Auto DM Feature: A tool allowing Creators to configure keyword-triggered automated direct messages on Instagram, powered by Meta's official APIs, similar to automated engagement features.
  • Instagram Analytics Dashboard: A publicly displayable or private analytics dashboard that aggregates Instagram performance metrics for a Creator's profile.
  • Link in Bio / Multi-Link Page: A customizable landing page allowing Creators to consolidate multiple links, content, and calls-to-action in one place for easy sharing.

By accessing, registering on, or using the Platform in any manner, including clicking "Sign Up," "I Accept," "Get Started," or by downloading, installing, or otherwise accessing our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms, our Privacy Policy (popscal.com/privacy), and all other policies and guidelines incorporated herein by reference.

If you do not agree to these Terms, you are not permitted to access or use the Platform. Your continued use of the Platform following any amendments to these Terms constitutes acceptance of the revised Terms.

2. Eligibility and Account Registration

2.1 Eligibility

To use the Platform, you must:

  • Be at least 18 years of age; individuals between 13 and 17 years may use the Platform only under the direct supervision and with the consent of a parent or legal guardian who agrees to be bound by these Terms on their behalf;
  • Have the legal capacity to enter into binding contracts under the laws of your jurisdiction;
  • Not be prohibited from using the Platform by any applicable law or regulation;
  • Not have had a previous account suspended or terminated for violations of these Terms.

2.2 Account Registration

To access most features, you must register for an account by providing accurate, current, and complete information including your name, email address, and password. You may also register using third-party accounts (Google, Facebook, Instagram). By connecting a third-party account, you authorize PopScal to access and use information from that account as described in our Privacy Policy.

You agree to:

  • Keep your account credentials confidential and not share your password with any third party;
  • Immediately notify PopScal of any unauthorized access to your account at support@popscal.com;
  • Accept full responsibility for all activities conducted under your account;
  • Maintain accurate and up-to-date account information at all times.

PopScal reserves the right to refuse registration, suspend, or terminate any account at its sole discretion.

3. Intermediary Status and Platform Overview

PopScal operates as an "Intermediary" as defined under the Information Technology Act, 2000 and the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021. PopScal provides technological infrastructure that facilitates transactions and interactions between Creators and Buyers but is not a party to any agreement between them.

PopScal does not:

  • Author, curate, or endorse any User Content or digital products listed on the Platform;
  • Verify or certify the credentials, qualifications, or claims made by Creators;
  • Guarantee the quality, accuracy, legality, or suitability of any digital product sold through the Marketplace;
  • Act as an employer, labour contractor, or principal in any Creator-Buyer transaction.

PopScal claims safe harbour protection under Section 79 of the Information Technology Act, 2000 and shall not be liable for third-party content, transactions, or disputes between Creators and Buyers, subject to compliance with applicable law.

4. Digital Products Marketplace

4.1 Overview

The PopScal Marketplace allows Creators to list and sell digital products to Buyers. PopScal acts as a facilitating platform and, where applicable, may act as a limited payment intermediary. The sale and purchase of digital products creates a direct contractual relationship between the Creator (Seller) and the Buyer.

4.2 Creator (Seller) Terms

By listing products on the Marketplace, Creators agree to the following:

Product Eligibility

Only digital products are permitted on the Marketplace, including but not limited to: e-books, PDF guides, templates, digital art, music and audio files, video courses, software, plugins, fonts, photography, and other downloadable digital content.

Creators must not list the following prohibited products:

  • Products that are illegal under any applicable law;
  • Counterfeit, plagiarized, or unauthorized copies of third-party intellectual property;
  • Products containing malware, viruses, or harmful code;
  • Products that promote violence, hate speech, discrimination, or illegal activity;
  • Adult or explicit content unless on a verified adult content platform (PopScal does not permit adult content);
  • Products infringing any person's intellectual property, privacy, or personality rights;
  • Content involving or targeting minors in any harmful or sexual manner.

Creator Representations and Warranties

By listing a product, the Creator represents and warrants that:

  • They are the original creator or hold all necessary rights, licenses, and permissions to sell the product;
  • The product does not infringe any third-party intellectual property, privacy, or personality rights;
  • All product descriptions, previews, and marketing materials are accurate and not misleading;
  • The product complies with all applicable laws and regulations;
  • They have made all required disclosures under applicable consumer protection laws.

Pricing and Commission

Creators set their own prices for digital products. PopScal deducts a platform service fee (the "PopScal Commission") from each sale as published on our pricing page at popscal.com/pricing. The remaining amount (net of payment processing fees and applicable taxes) is credited to the Creator's account as "PopScal Credits" and is payable to the Creator's designated bank or payment account.

PopScal reserves the right to modify commission rates with prior notice. Changes to commission rates will not apply retroactively to completed transactions.

Product Delivery

Creators are solely responsible for ensuring that purchased digital products are delivered to Buyers promptly and as described. PopScal facilitates delivery through the Platform but is not responsible for delivery failures caused by incorrect product uploads or product defects.

4.3 Buyer Terms

Purchasing Process

Buyers may purchase digital products with or without an account. By completing a purchase, Buyers agree that:

  • All purchases are final subject to the Refund Policy in Section 7;
  • They are responsible for ensuring the digital product meets their requirements before purchase;
  • They shall not redistribute, resell, or sublicense purchased digital products unless explicitly permitted by the Creator's product license;
  • PopScal's role is limited to facilitating the transaction; any disputes regarding product quality or delivery are primarily between the Buyer and the Creator.

License to Digital Products

Unless otherwise specified by the Creator, purchasing a digital product grants the Buyer a limited, non-exclusive, non-transferable personal license to use the product for their own personal or business purposes. No ownership rights in the product are transferred. The Creator's license terms (where provided) govern permitted uses.

5. Instagram Auto DM Feature

5.1 Feature Overview

PopScal's Auto DM feature allows Creators to configure automated Instagram direct messages triggered by specific keywords in comments, story replies, live chat interactions, or direct messages. This feature operates through Meta's official Instagram APIs in compliance with Meta's Platform Terms.

5.2 Creator Responsibilities

By using the Auto DM feature, Creators agree to:

  • Use the feature only for legitimate, lawful, and non-deceptive business communications;
  • Configure only compliant, non-spammy, and non-deceptive automated messages;
  • Comply with Meta's Platform Terms, Instagram's Community Guidelines, and all applicable messaging laws including the CAN-SPAM Act, TRAI Regulations (India), and similar regulations;
  • Ensure all automated replies comply with Meta's 24-hour messaging policy;
  • Not use the feature to send unsolicited bulk messages, spam, misleading content, phishing, or content that violates any person's privacy;
  • Not impersonate another person or entity in automated messages;
  • Not use the feature to engage in, facilitate, or promote any illegal activity.

5.3 Data Handling for Auto DM

The Auto DM feature processes certain Instagram data including comment text, message triggers, and user identifiers. This processing is described in detail in our Privacy Policy (Section 5). PopScal does not store full conversation histories and does not use Auto DM data for advertising or third-party profiling.

5.4 Compliance and Termination

PopScal reserves the right to suspend or terminate access to the Auto DM feature for any Creator whose usage violates these Terms, Meta's policies, or applicable law. Repeated violations may result in permanent account termination and reporting to relevant authorities.

6. Analytics Dashboard and Link in Bio Features

6.1 Analytics Dashboard

The PopScal Analytics Dashboard displays Instagram performance metrics — including follower count, reach, impressions, engagement rates, and content analytics — sourced through Meta's official APIs. Creators may choose to display their analytics publicly on their PopScal profile or keep them private.

Creators acknowledge that:

  • Analytics data is sourced from Meta and may be subject to delays, discrepancies, or API limitations beyond PopScal's control;
  • PopScal makes no guarantees regarding the accuracy, completeness, or timeliness of analytics data;
  • Public display of analytics is entirely at the Creator's discretion and PopScal is not responsible for any commercial or reputational consequences of displaying such data.

6.2 Link in Bio / Multi-Link Page

The Link in Bio feature allows Creators to create a customizable landing page consolidating multiple links, social media profiles, product listings, and other content. Creators are solely responsible for:

  • Ensuring all links and content on their page comply with applicable laws and these Terms;
  • Not including links to illegal, harmful, misleading, or prohibited content;
  • Maintaining accurate and up-to-date information on their link page;
  • Complying with third-party platform terms when linking to external services.

7. Payments, Fees, and Refunds

7.1 Payment Processing

All payments on the PopScal Platform are processed by third-party payment processors including Razorpay (for Indian transactions), Stripe, and PayPal (for international transactions). By making a payment, you agree to the terms and conditions of the applicable payment processor. PopScal does not store full payment card numbers or bank account credentials.

Accepted payment methods include credit and debit cards (Visa, Mastercard, Rupay), UPI, net banking, digital wallets, and international payment methods as available in your region. Prices are displayed in INR for Indian users and USD or the applicable currency for international users.

7.2 Taxes

All prices displayed on the Platform are exclusive of applicable taxes unless stated otherwise. PopScal is registered under Indian GST and will collect and remit Goods and Services Tax (GST) on applicable transactions as required by Indian tax law. For international transactions, applicable taxes may be added at checkout in accordance with local tax requirements.

Creators are solely responsible for reporting and paying income tax on their earnings from the Platform. PopScal may withhold applicable taxes from Creator payouts where required by law and will provide necessary documentation. By using the Platform, Creators agree to provide valid tax identification information (PAN, GSTIN) as required for compliance.

7.3 Creator Payouts

Creator earnings (net of PopScal Commission, payment processing fees, and applicable taxes) are held as PopScal Credits in the Creator's account. Creators may withdraw available credits to their designated bank account or payment method subject to minimum payout thresholds and applicable KYC requirements. Payout timelines are typically 5-7 business days following settlement confirmation.

PopScal reserves the right to hold payouts pending investigation in cases of suspected fraud, chargebacks, disputes, or policy violations. Creators with chargeback rates exceeding 15% may be subject to additional reserve requirements.

7.4 Subscriptions and Recurring Billing

PopScal offers subscription plans for advanced Creator features. By subscribing, you authorize PopScal to automatically charge your designated payment method at the beginning of each subscription period. Subscriptions automatically renew unless cancelled prior to the renewal date.

To cancel a subscription and avoid renewal charges, you must cancel through your account settings before the next billing date. Cancellation takes effect at the end of the current billing period. You will retain access to subscription features until the end of the paid period.

7.5 Refund Policy

PopScal's refund policy applies as follows:

For Buyers

  • Digital Products — Non-Refundable: Due to the nature of digital content, all purchases of digital products are generally non-refundable once the product has been accessed or downloaded, unless the product was not delivered, is materially different from its description, or is defective.
  • Non-Delivery: If a purchased digital product is not delivered within the promised timeframe, a full refund will be issued.
  • Material Mismatch: If a product is materially different from its stated description or is found to be non-functional through no fault of the Buyer, a refund may be processed following review.
  • Subscription Plans: Subscription fees are non-refundable. Cancellation prevents future charges but does not entitle you to a refund for the current period.
  • Platform Subscription Cancellation Within 24 Hours: If you cancel your PopScal platform subscription within 24 hours of subscribing and have not accessed subscription-exclusive features, you may request a full refund at support@popscal.com.

For Creators

Creators are responsible for their own refund policies for products sold on the Marketplace and must honor any refund commitments made to Buyers. PopScal may, at its discretion, process refunds to Buyers and recover the corresponding amount from Creator payouts in cases of justified disputes.

Refund Process

To request a refund, contact support@popscal.com with your order details, reason for the request, and supporting documentation. PopScal will review the request within 5-7 business days and communicate the outcome. Approved refunds are processed to the original payment method within 5-10 business days.

7.6 Disputes and Chargebacks

Buyers are strongly encouraged to contact PopScal support at support@popscal.com before initiating a chargeback with their payment provider. Unjustified chargebacks may result in account suspension and recovery of funds from Creator payouts. If a chargeback is initiated while a refund request is pending with PopScal, the PopScal refund request will be closed.

8. User Content

8.1 Ownership

You retain all ownership rights to original content you create, upload, post, or otherwise submit to the Platform ("User Content"), including digital product files, profile information, links, descriptions, images, and other materials.

8.2 License Grant to PopScal

By submitting User Content to the Platform, you grant PopScal a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to host, store, display, reproduce, modify (for formatting purposes only), distribute, and make available your User Content as necessary to provide and operate the Platform and promote your content on PopScal's marketing channels. This license continues for as long as your content is on the Platform and for a reasonable period thereafter for legal and archival purposes.

8.3 Creator Warranties

By submitting User Content, you represent and warrant that:

  • You own or have all necessary rights, licenses, and permissions for the User Content;
  • The User Content does not infringe any third-party intellectual property, privacy, publicity, or other rights;
  • The User Content is accurate, lawful, and not misleading;
  • The User Content complies with these Terms and all applicable laws;
  • You have obtained all necessary consents for any personal data of third parties included in User Content.

8.4 Content Restrictions

You must not post, upload, or distribute User Content that:

  • Is illegal under any applicable law or regulation;
  • Is defamatory, obscene, pornographic, vulgar, threatening, harassing, abusive, or otherwise objectionable;
  • Infringes any intellectual property, privacy, or personality rights of any person;
  • Contains malware, viruses, or harmful code;
  • Depicts or promotes child sexual abuse or exploitation (CSAE) in any form — zero tolerance applies;
  • Promotes discrimination, violence, or hatred based on race, religion, gender, nationality, sexual orientation, disability, or other protected characteristics;
  • Constitutes spam, unauthorized advertising, or unsolicited commercial communications;
  • Misrepresents your identity, affiliation, or credentials;
  • Violates any third-party platform's terms of service (including Meta's).

8.5 Content Monitoring and Removal

PopScal reserves the right, but has no obligation, to monitor, review, remove, or disable access to any User Content that violates these Terms or applicable law, without prior notice. PopScal will act on valid takedown notices as described in Section 11 (Intellectual Property).

9. Prohibited Conduct

In addition to content restrictions, the following conduct is prohibited on the Platform:

  • Circumventing, disabling, or interfering with any security feature, access control, or functionality of the Platform;
  • Using automated tools, bots, scrapers, crawlers, or data mining software to extract data from the Platform without PopScal's written consent;
  • Attempting unauthorized access to any part of the Platform, other user accounts, or PopScal's systems;
  • Impersonating any person, entity, or brand, including PopScal employees or officials;
  • Engaging in fraudulent transactions, chargebacks, or financial manipulation;
  • Using the Platform to launder money, finance terrorism, or engage in any financial crime;
  • Conducting any transaction with the purpose of circumventing PopScal's Commission;
  • Harassing, intimidating, or threatening other users;
  • Using the Auto DM feature to send spam, misleading messages, or unauthorized commercial solicitations;
  • Posting false reviews, manipulating ratings, or engaging in review fraud;
  • Building a competing product or service using PopScal's infrastructure, APIs, or proprietary information;
  • Violating any applicable law, regulation, or third-party platform policy.

10. Intellectual Property Rights

10.1 PopScal's Intellectual Property

PopScal and its licensors own all intellectual property rights in and to the Platform, including but not limited to the software, source code, algorithms, user interface, graphics, design, trademarks, trade names, and all other proprietary technology. "PopScal" and related logos and marks are trademarks of PopScal Technologies. Nothing in these Terms grants you any right to use PopScal's intellectual property without prior written consent.

10.2 Restrictions

You may not:

  • Reverse engineer, decompile, disassemble, or derive the source code of the Platform;
  • Copy, modify, distribute, or create derivative works based on the Platform;
  • Remove or alter any copyright, trademark, or proprietary notices on the Platform;
  • Use PopScal's trademarks or branding in any manner that implies endorsement or affiliation without written consent.

11. Copyright Infringement and DMCA Compliance

11.1 Reporting Infringement

PopScal respects intellectual property rights and complies with the Digital Millennium Copyright Act (DMCA), the Information Technology Act 2000, and other applicable IP protection laws. If you believe that your copyrighted work or other intellectual property has been infringed on the Platform, please submit a written notice to our designated Copyright Agent containing:

  • Your electronic or physical signature (or that of the authorized representative);
  • A description of the copyrighted work or intellectual property you believe has been infringed;
  • The URL or location of the allegedly infringing content on the Platform;
  • Your contact information including name, address, email, and phone number;
  • A statement that you have a good faith belief that the use is not authorized by the rights holder, its agent, or the law;
  • A statement under penalty of perjury that the information is accurate and you are authorized to act.

Copyright Agent / Designated Grievance Officer PopScal Technologies Email: legal@popscal.com Grievance Email: grievance@popscal.com Website: popscal.com/dmca

11.2 Counter-Notification

If you believe your content was removed in error, you may submit a counter-notification to legal@popscal.com with the required information under the DMCA or applicable law. PopScal will restore removed content within 10-14 business days unless the notifying party seeks a court order.

11.3 Repeat Infringers

PopScal will terminate the accounts of users who are found to be repeat copyright infringers.

12. Child Safety Policy

PopScal maintains a zero-tolerance policy against Child Sexual Abuse and Exploitation (CSAE) and Child Sexual Abuse Material (CSAM) on the Platform.

Prohibited Content: Any content that sexually exploits, abuses, grooms, sexualizes, extorts, or endangers children, or that promotes, depicts, or encourages harmful acts against minors, is strictly prohibited and will result in immediate account termination and reporting to law enforcement and the National Center for Missing and Exploited Children (NCMEC), NCPCR (India), and other relevant child protection agencies.

Age Restriction: Users must be at least 18 years of age to use the Platform independently. Users under 18 require parental or guardian supervision. PopScal will comply with DPDP Act 2023 requirements regarding processing of children's personal data.

Reporting: To report CSAE or CSAM content, contact our designated child safety officer at safety@popscal.com or use the in-app reporting feature. All reports will be reviewed within 24 hours.

13. Suspension and Termination

13.1 Termination by PopScal

PopScal reserves the right to suspend or terminate your account, access, and use of the Platform at any time, with or without cause or notice, including for:

  • Violation of these Terms or any incorporated policies;
  • Illegal activity, fraud, or financial misconduct;
  • Repeated intellectual property infringement;
  • Child safety violations;
  • Conduct harmful to other users, PopScal, or third parties;
  • Non-payment of applicable fees;
  • Direction from law enforcement or competent regulatory authority;
  • Inactivity for more than 12 consecutive months.

13.2 Termination by You

You may terminate your account at any time by contacting support@popscal.com or using the account deletion feature in your settings. Termination does not entitle you to any refund of fees paid. PopScal may retain certain data after termination as required by law.

13.3 Effect of Termination

Upon account termination:

  • Your license to use the Platform is immediately revoked;
  • Your Creator profile and listed products will be removed from public view;
  • Outstanding Creator balances will be settled per our standard payout process, subject to any withholding for disputes, chargebacks, or investigations;
  • You remain responsible for all obligations accrued prior to termination;
  • Provisions of these Terms that by their nature should survive (including intellectual property, indemnification, limitation of liability, governing law, and dispute resolution) continue in full effect.

14. Disclaimer of Warranties

THE PLATFORM AND ALL SERVICES, INCLUDING THE MARKETPLACE, AUTO DM FEATURE, ANALYTICS DASHBOARD, AND LINK IN BIO FEATURES, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY.

POPSCAL EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

  • IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT;
  • WARRANTIES THAT THE PLATFORM WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS;
  • WARRANTIES THAT THE PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE;
  • WARRANTIES REGARDING THE ACCURACY, RELIABILITY, OR COMPLETENESS OF ANY CONTENT, ANALYTICS DATA, OR AUTO DM OUTPUTS;
  • WARRANTIES REGARDING THE QUALITY, LEGALITY, OR SUITABILITY OF ANY DIGITAL PRODUCT SOLD THROUGH THE MARKETPLACE.

PopScal does not warrant that digital products sold through the Marketplace are free of defects or that they will meet a Buyer's specific requirements. Transactions on the Marketplace are between Creators and Buyers; PopScal's role is limited to facilitating the transaction.

15. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, POPSCAL, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

  • LOSS OF REVENUE, PROFITS, DATA, GOODWILL, OR BUSINESS OPPORTUNITIES;
  • BUSINESS INTERRUPTION OR LOSS OF USE;
  • UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA;
  • CONDUCT OR CONTENT OF ANY OTHER USER OR THIRD PARTY ON THE PLATFORM;
  • ANY FAILURE OR DELAY OF THE INSTAGRAM AUTO DM FEATURE DUE TO META API CHANGES OR DOWNTIME;

WHETHER OR NOT POPSCAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

PopScal's total aggregate liability to you for all claims arising out of or relating to these Terms or the Platform shall not exceed the greater of:

  • The total amount paid by you to PopScal in the twelve (12) months immediately preceding the event giving rise to the claim; or
  • INR 5,000 (Indian Rupees Five Thousand).

The limitations of liability set forth in this Section reflect a reasonable allocation of risk between the parties and form an essential basis of the bargain between PopScal and you. These limitations apply even if any limited remedy fails of its essential purpose. Certain jurisdictions do not permit the exclusion or limitation of certain damages; in such cases, the limitations above apply to the maximum extent permitted by applicable law.

16. Indemnification

To the fullest extent permitted by law, you agree to indemnify, defend, and hold harmless PopScal, its affiliates, officers, directors, employees, agents, licensors, and service providers (collectively, "PopScal Parties") from and against any and all claims, demands, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or related to:

  • Your use of or inability to use the Platform;
  • Any User Content or digital products you post, upload, or sell;
  • Your violation of these Terms or any applicable law or regulation;
  • Your violation of any third-party right, including intellectual property, privacy, or consumer protection rights;
  • Your use of the Instagram Auto DM feature in violation of Meta's policies or applicable law;
  • Any dispute between you and another user or third party;
  • Any tax liability arising from your sale of digital products.

PopScal reserves the right to assume exclusive control of any matter subject to indemnification at its own expense, in which case you agree to cooperate fully with PopScal's defense.

17. Privacy Policy

Your use of the Platform is also governed by PopScal's Privacy Policy, available at popscal.com/privacy, which is incorporated into these Terms by reference. The Privacy Policy describes how we collect, use, store, and share your personal data, including data accessed through Instagram APIs. By using the Platform, you acknowledge and agree to the terms of the Privacy Policy.

18. Third-Party Services and Links

The Platform may contain links to third-party websites, services, or applications. PopScal is not responsible for the content, privacy practices, or availability of any third-party service. Links do not constitute endorsement.

By connecting your Instagram, Google, or other third-party accounts to PopScal, you authorize PopScal to access data from those accounts as described in the Privacy Policy. Your use of those connected accounts remains subject to the terms and policies of the respective platforms.

Third-party payment processors (Razorpay, Stripe, PayPal) process your financial data independently under their own privacy policies and terms. PopScal is not responsible for any actions or inactions by payment processors.

19. Referral Program

PopScal may offer a Referral Program allowing users to earn credits or commissions for referring new paying users to the Platform. Participation in the Referral Program is subject to the following terms:

  • Referral links are for personal, non-commercial use only and must not be distributed through spam, unauthorized advertising, or automated means;
  • Only the first referral link used by a new user qualifies for a referral reward; multiple referrers for the same user are not rewarded;
  • PopScal reserves the right to modify, suspend, or terminate the Referral Program at any time without prior notice;
  • Referral commissions will not be earned on transactions using PopScal Credits or promotional discounts;
  • Referrers are responsible for any taxes applicable to referral earnings;
  • Fraudulent referral activity including self-referral, fake accounts, or abusive practices will result in forfeiture of rewards and account termination.

20. Changes to These Terms

PopScal reserves the right to modify these Terms at any time. Material changes will be communicated to you via:

  • Email notification to your registered email address at least 30 days before the effective date of changes;
  • A prominent notice displayed on the Platform;
  • Updated "Last Updated" date at the top of these Terms.

Your continued use of the Platform after the effective date of any changes constitutes acceptance of the revised Terms. If you do not agree with any change, you must stop using the Platform and may request account deletion. Changes to these Terms do not affect your rights with respect to transactions completed before the effective date of changes.

21. Electronic Communications and Notices

By using the Platform, you consent to receive communications from PopScal electronically, including via email, push notifications, in-app messages, and SMS where applicable. You agree that all notices, agreements, and disclosures provided electronically satisfy any requirement that such communications be in writing.

You are responsible for keeping your registered email address current. PopScal's dispatch of a notice to your registered email constitutes effective notice even if the email is undeliverable due to an outdated address.

22. Governing Law

These Terms are governed by and construed in accordance with the laws of India, without regard to conflict of law principles. The parties irrevocably submit to the exclusive jurisdiction of the competent courts in Bengaluru, Karnataka, India for the resolution of any dispute arising out of or relating to these Terms or the Platform.

For international users, the parties agree that Indian law governs these Terms and that PopScal's compliance with Indian law shall be taken as compliance with local law requirements to the extent permissible. Nothing in this Section limits your rights under mandatory provisions of the laws of your country of residence that cannot be waived by contract.

23. Regulatory Compliance Framework

PopScal operates in compliance with the following regulatory frameworks, among others:

  • Information Technology Act, 2000 (India)
  • Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011
  • Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021
  • Digital Personal Data Protection Act, 2023 (India)
  • Digital Personal Data Protection Rules, 2025 (India, when notified)
  • Goods and Services Tax (GST) laws (India)
  • Prevention of Money Laundering Act, 2002 (India)
  • Consumer Protection Act, 2019 (India)
  • Indian Contract Act, 1872
  • General Data Protection Regulation (EU) — for EU users
  • UK GDPR — for UK users
  • California Consumer Privacy Act (CCPA) — for California users
  • CAN-SPAM Act and Telephone Consumer Protection Act (USA) — for US users
  • Meta Platform Terms and Instagram's Platform Policy — for Instagram integrations

24. Force Majeure

PopScal shall not be liable for any delay or failure to perform its obligations under these Terms arising from causes beyond its reasonable control, including but not limited to: acts of God, natural disasters, pandemic, war, terrorism, civil unrest, government action, regulatory changes, power or internet outages, catastrophic infrastructure failures, changes to third-party platform APIs (including Meta's Instagram API), or actions of payment processors.

25. Relationship of Parties

Nothing in these Terms creates or implies a partnership, joint venture, employment relationship, agency, or fiduciary relationship between you and PopScal, or between you and any other user. You are an independent user of the Platform. PopScal is not your employer, labour contractor, or business partner.

26. Miscellaneous

Severability: If any provision of these Terms is held to be invalid, illegal, or unenforceable, that provision shall be modified to the minimum extent necessary to make it enforceable, and all remaining provisions shall continue in full force and effect.

Waiver: PopScal's failure to enforce any provision of these Terms on any occasion shall not constitute a waiver of that provision or of PopScal's right to enforce it on another occasion.

Assignment: You may not assign or transfer your rights or obligations under these Terms without PopScal's prior written consent. PopScal may assign these Terms to any affiliate, successor entity, or acquirer at any time without notice.

Entire Agreement: These Terms, together with the Privacy Policy and any other policies and guidelines incorporated by reference, constitute the entire agreement between you and PopScal regarding your use of the Platform and supersede all prior agreements.

Language: These Terms are in the English language. In case of any conflict between an English version and any translated version, the English version shall prevail.

27. Dispute Resolution and Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES ARBITRATION OF MOST DISPUTES AND CONTAINS A CLASS ACTION WAIVER.

27.1 Informal Resolution

In the event of any dispute arising out of or relating to these Terms, the Platform, or any transaction, the parties agree to first attempt to resolve the dispute informally. You must send a written notice of dispute to legal@popscal.com with a description of the dispute and your contact details. PopScal will attempt to respond and resolve the dispute within 30 days of receiving notice.

27.2 Grievance Redressal (India — IT Rules 2021)

In compliance with Rule 3(2) of the IT (Intermediary Guidelines) Rules, 2021, PopScal has designated the following Grievance Officer:

Grievance Officer PopScal Technologies Email: grievance@popscal.com Response: Within 24 hours; Resolution within 15 days

All grievances submitted by users shall be acknowledged within 24 hours and resolved within 15 calendar days. Escalated grievances shall receive a secondary review within 30 days. Court-ordered or government-directed content removals shall be processed within 36 hours of receipt.

27.3 Arbitration

If a dispute is not resolved informally within 30 days, it shall be finally settled by binding arbitration under the Arbitration and Conciliation Act, 1996 (India). The arbitration shall be conducted by a single arbitrator mutually agreed upon by the parties, or in the absence of agreement, appointed by the Bengaluru International Arbitration Centre (BIAC) or such other institution as agreed. The arbitration shall be conducted in English, in Bengaluru, Karnataka, India.

Exceptions to arbitration (disputes that may be brought in court): claims for injunctive relief to protect intellectual property rights; small claims; and any matter over which courts have exclusive jurisdiction under applicable law.

27.4 Class Action Waiver

YOU AND POPSCAL AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, REPRESENTATIVE, OR COLLECTIVE ACTION. The arbitrator may not consolidate more than one person's claims and may not preside over any class or representative proceeding.

27.5 Time Limitation

Any claim or cause of action arising out of or related to these Terms must be filed within one (1) year of the event giving rise to the claim, or it will be permanently barred.

28. Contact Information

For all inquiries, notices, or communications regarding these Terms or the Platform, please contact:

PopScal Technologies Platform: popscal.com General Support: support@popscal.com Privacy / Data: privacy@popscal.com Legal / Copyright: legal@popscal.com Grievance Officer: grievance@popscal.com Child Safety: safety@popscal.com Jurisdiction: Bengaluru, Karnataka, India

ACKNOWLEDGMENT

By accessing and using PopScal, you acknowledge that you have carefully read, fully understood, and unconditionally agree to be legally bound by these Terms and Conditions, the Privacy Policy, and all other policies incorporated herein by reference, in their entirety.

PopScal | popscal.com | support@popscal.com

These Terms are governed by the laws of India. Exclusive jurisdiction: Bengaluru, Karnataka, India.