Terms of Service

Definitions

In these Terms:

"Agreement" or "Terms" means this Terms of Service document and any additional terms we expressly present as part of your contract before you agree to them.

"Apps" means collectively our iOS application, Android application ("Mobile Apps") and website at popsa.com ("Web App"), and any data, software or media supplied with the applications or through our site.

"Fulfilment Partners" means our third-party manufacturing and logistics providers who produce and deliver Products.

"Home Country" means the country recorded for your account. We initially set it to the country we identify when you sign up. You can change it in Settings in our Apps.

"Memories" means our intelligent photo discovery features that help you rediscover meaningful moments from your photo library. Memories include automatically curated groups of photos featuring memorable places, moments in time, people and experiences.

"Photos" means photos, videos, and other content you make available to our Apps, whether analysed on your phone or tablet or uploaded to our Services.

"Popsa", "we", "us" or "our" means the company identified in Section 1 for your Home Country. That company provides your Services and sells you Products under these Terms.

"PrintAI™" means our automated design engine that creates layouts based on photo analysis.

"PrivateContext™" means our proprietary intelligence technology that analyses your photos locally on your phone or tablet, without uploading them to our servers.

"Products" means personalised physical items (such as photo books, prints, calendars, and other printed materials) created using our Apps.

"Seller" means the Popsa company that sells you a Product under Section 1: Popsa Inc or Popsa International Limited, depending on your Home Country.

"Services" means all features and functionality provided through our Apps, including Memories, design tools, order processing, and any automated and assistant features we offer to help you curate and create from your memories.

Short summary

• Popsa helps you by automatically discovering, organising, and curating your most meaningful memories. Our Mobile Apps surface hidden gems from your photo library and organise them into Memories, so you can transform them into beautiful personalised Products.

• Our Products can be delivered to you, your family or friends in the countries we serve.

• We work closely with Fulfilment Partners at locations throughout the world to fulfil the delivery of Products that you create and order.

• You can edit or cancel an order for one hour in‑app; after that, production may have started.

• In the UK and EU, personalised goods are exempt from the 14‑day cooling‑off "right to cancel", but you keep your statutory rights for faulty items.

• If anything goes wrong, we will fix it by reprinting or refunding where appropriate. Further details are available in our Refunds Policy.

• As a consumer, you have legal rights, known as "statutory rights". Nothing in these terms affects your statutory rights.

• These terms are written in English. We may provide translations for your convenience. If a translation differs from the English version, the English version applies, unless the law where you live requires otherwise. Please ensure you understand these terms even if your first language is not English.

• If you are uncertain about your rights under these Terms, please contact us at support@popsa.com.

For information about your data and choices, see our Privacy Policy.

1) Who we are and who you contract with

Your contract with Popsa

Your contract for our Apps, Services and Products is with one Popsa company, determined by your Home Country. That company is both your service provider and your Seller, as set out below.

Popsa International Limited is registered in England & Wales, company number 09880057, registered office: Nightingale House, 46–48 East Street, Epsom, Surrey KT17 1HQ, United Kingdom.

Who provides your Services and sells you Products

The Popsa company that provides your Services and sells you Products depends on your Home Country:

• United States, Canada or Mexico: Popsa Inc, a Delaware corporation (corporation no. 7716024), registered office 3411 Silverside Road, Tatnall Building #104, Wilmington, DE 19810, USA.

• All other countries: Popsa International Limited, at the address above.

You can pay in another currency supported by our Apps. Your choice of currency does not change your Seller.

For customers whose Home Country is a European country that uses the euro, Popsa Europe Limited (Irish company no. 659130, registered office: Core B, Block 71, The Plaza, Park West, Dublin 12, Ireland) collects payments on behalf of Popsa International Limited. Popsa International Limited remains your Seller.

Your Seller issues your receipt and is responsible to you for your Product, including delivery, faults, returns and refunds. Your order confirmation names your Seller.

For customers contracting with Popsa Inc, Popsa International Limited helps provide the Services as Popsa Inc's subcontractor. Popsa Inc remains responsible to those customers under these Terms.

2) Using Popsa

We give you permission to use Popsa for automatically discovering, organising and curating your most meaningful memories, and for creating personalised Products from them. Our Services include Memories and automated design. You must be 18+ to use our Services.

You can access Popsa Services through our iOS application which is available from Apple's App Store, our Android application which is available from Google Play, and from our website popsa.com.

If you obtained our Mobile Apps from Apple's App Store or Google Play (together, the "Platforms"), your use is also subject to the Apple App Store Terms of Service or Google Play Terms of Service as applicable. In case of conflict between these Terms and the Platforms' terms for matters relating to app distribution and payment processing, the Platforms' terms prevail. Where open‑source components are included, the relevant open‑source licence terms apply and may override these Terms for those components.

Do not misuse our Apps or Services, interfere with their security, or try to reverse engineer them. Sections 11 and 13 set out the full rules.

Popsa is for personal, non‑commercial use; you must not resell Products in the course of business.

3) Privacy and feature availability

We handle your Photos and other personal data as described in our Privacy Policy. It explains what we collect, how we use and share it, where processing takes place and your rights.

In our Web App, you upload the Photos you want to use.

4) Your account

Account Security

Your account is for your personal use only. You must not share your account or allow anyone else to use it.

You must:

• Keep your login details confidential and secure

• Use a strong, unique password

• Notify us immediately at support@popsa.com if you suspect unauthorised access

• Take responsibility for all activity on your account

You can update your details and manage your account through our Apps.

5) Your photos, designs and other content

Ownership. You retain your existing rights in the Photos, metadata, artwork and other content you provide, and in your original contributions to designs. Popsa or the relevant rights holder retains its rights in artwork, templates and other materials we provide. You have permission to use those materials within your designs and the Products you order, as explained in Section 12. You own the physical Products you buy outright; ownership passes to you as described in Section 8.

Photo Processing Lifecycle and Retention

Uploading Photos. We upload only the Photos you add to a design, order or share, or upload in our Web App. We store them so you can edit your design on any device where you are signed into your account. Your designs are saved to your account for future editing and ordering.

Order Production. When you place an order, we create production files and securely transmit them to our Fulfilment Partners.

Retention Periods.

• Your designs: Stored in your account until you delete them or you close your account

• Production files: Retained for a limited period for reprints and quality control (see our Privacy Policy Section 8 for specific retention periods)

• Quality control samples: Retained for service improvement purposes (see our Privacy Policy Section 8 for details)

Account Deletion. If you delete your account, your designs, photos, and associated personal data are removed within 72 hours, except for the limited records we are legally required to keep (for example, order and tax records, which we keep for at least 7 years and restrict from ordinary operational use). See our Privacy Policy Section 8 for detailed information about data retention and deletion.

Privacy: For comprehensive information about how we process, store, and protect your data, including detailed retention periods, Fulfilment Partner data handling, international transfers, and security measures, see our Privacy Policy Sections 5, 6, 8 and 9.

Permission to use your content

You give us permission to store, copy, adapt, back up, display and transmit your Photos, designs and associated metadata. We may do this as needed to provide our Services and make and deliver your Products. We may also do it to support you, check quality, keep our Services safe and lawful, and meet our legal duties. This includes showing a design to the people you share it with. We may pass this permission to the subcontractors and providers who do this work on our behalf. For Fulfilment Partners, it is limited to manufacturing and delivering your Products.

We do not show your Photos, designs or Memories to other users unless you choose to share them. Photos in your Memories are analysed on your phone or tablet and are not uploaded. This permission does not replace any separate consent required under data protection law.

Improving our models and Services. You also give us permission to use the Photos you upload, and insights derived from analysing your Photos, to improve our own models and Services. This does not include Face Recognition data. We do not share your Photos with third parties to train their models. You can object to this at any time by emailing dpo@popsa.com. See Section 3 of our Privacy Policy.

Aggregated and anonymous insights for research and editorial content. You give us permission to use aggregated insights derived from your Photos, meaning insights combined across users, in our blog, research and other content, and to share them with researchers, journalists and the public. We use these insights only in a form from which you and others cannot reasonably be identified, including when combined with other reasonably available information. This permission does not allow us to publish your Photos.

We do not use your Photos for advertising. Our Privacy Policy explains where each kind of processing happens.

Fulfilment Partner Data Handling

Manufacturing Locations. Our Fulfilment Partners operate in the UK, Europe, North America and Australia. This network may change over time; the current list and the safeguards we maintain are available on request.

Fulfilment Partner Obligations. Our Fulfilment Partners:

• Receive only the Photos and production files needed for your order, and the name, address and contact details needed to deliver it

• Are contractually required to delete your Photos and production files immediately after printing and dispatch

• Cannot use your Photos for any other purpose

Privacy: For detailed information about Fulfilment Partner data handling, international transfer safeguards, and data protection measures, see our Privacy Policy Sections 5, 6 and 9.

Security Commitment

We protect your data with technical and organisational measures suited to the information involved. See our Privacy Policy Section 9 for our security practices. We comply with verified lawful requests from courts, police and other authorities, as our Privacy Policy Section 5 describes.

Content rules. Do not upload anything illegal, infringing, hateful or that violates others' privacy. We may remove content or cancel orders that breach these rules. We may report unlawful content to the relevant authorities.

IP responsibility. You must have the rights to the content you upload. You are responsible for losses we suffer that are caused by your unlawful use of others' rights.

People in your Photos. You must have permission from the people who appear in Photos you use in Products or share with others. For a child who is not your own, you need permission from a parent or guardian. If someone objects to how they or their child appear in your Photos or designs, we may pass their complaint on to you, remove the content or decline the order. You are responsible for losses we suffer because you did not have that permission.

Face Recognition and other people. If you switch on Face Recognition, you are responsible for any consent the law requires from the people in your Photos, or from a parent or guardian for a child.

Your Controls

You can:

• Stop further analysis of your photo library for Memories by removing our Apps' access to it on your phone or tablet, or object by contacting dpo@popsa.com; this does not affect your ability to create and order Products

• Delete any generated metadata by contacting dpo@popsa.com

• Object to the use of your data to improve our models, by contacting dpo@popsa.com

• Delete individual designs from within our Apps

• Delete your account, as described above

Privacy: For detailed information about your privacy rights, including access, correction, deletion, portability, and how to exercise them, see our Privacy Policy Section 10. For data deletion requests or privacy questions, contact our Data Protection Officer at dpo@popsa.com.

6) Orders and contract formation

Your Responsibility to Check Orders

Before confirming your order, please carefully check:

• Spelling and text in your design

• Delivery address is correct

• Image quality meets requirements

• Product preview for layout issues

We are not responsible for errors in content you provide, including typos, wrong addresses, or low-resolution images. Product images are illustrative - minor variations in colour or trimming can occur.

Order Acceptance

Your order is accepted when we email you an order confirmation. The contract is formed at this point.

Why We Might Decline Your Order

We may cancel orders if:

• Payment authorisation fails

• Products become unavailable

• Pricing errors occurred

• Content violates our acceptable use policy

• Delivery address has shipping restrictions

• Suspected fraudulent activity

We'll notify you promptly if we cannot fulfil your order and process any refund due.

7) Prices, taxes and payment

Prices are shown in your local currency by default, where available. You can choose another supported currency in Settings in our Apps. Prices include VAT or sales tax where required. Shipping costs are shown at checkout.

Orders are accepted only after payment authorisation.

We use payment service providers to handle payments. We do not store full card details.

We support a range of payment methods, including cards, digital wallets, buy-now-pay-later providers and local payment methods in some regions. The methods available for your order are shown at checkout.

Where you pay using a third-party payment method or wallet, you are also subject to that provider's applicable terms for that service. These may vary by country and the service you use.

8) Production, dispatch and delivery

Products are made to order by our Fulfilment Partners. Estimated dispatch and delivery times are shown before you pay and in your order history.

Delivery times vary by Fulfilment Partner, Product, destination and availability. Delays can also happen for reasons outside our control, such as courier issues, industrial action or bad weather. Section 19 explains how we handle events outside our control.

Ownership and Risk: You become the owner when the product is delivered. If a parcel is lost or damaged in transit, we will reprint or refund, unless the loss was caused by a wrong delivery address you gave us. This does not affect your statutory rights.

9) Editing or cancelling your order

You can edit or cancel an order for one hour in our Apps after placing it. After this window, production may have started and changes or cancellation may not be possible.

If production has started and we agree to cancel, we may deduct costs already incurred, for example materials or manufacturing time. We refund promptly once we agree a refund.

10) Your right to cancel and your statutory rights

Consumer Protection Laws

You have rights under the consumer protection laws that apply to you. Nothing in these Terms excludes or limits rights or remedies that cannot legally be excluded or limited. If these Terms conflict with those rights, those rights take priority.

These protections include, where applicable:

• United Kingdom: rights under the Consumer Rights Act 2015 and the Consumer Contracts Regulations 2013.

• EU/EEA: rights under national consumer protection laws, including those implementing EU rules on consumer rights, sales of goods, and digital content and services.

• United States: rights under applicable federal and state consumer protection laws.

• Canada: rights under applicable federal, provincial and territorial consumer protection laws.

• Mexico: rights under the Federal Consumer Protection Law (Ley Federal de Protección al Consumidor).

• Australia: consumer guarantees and other rights under the Australian Consumer Law.

• New Zealand: rights under the Consumer Guarantees Act 1993 and the Fair Trading Act 1986.

• Other countries: rights under any applicable mandatory consumer protection laws, including those of your country of residence.

This list is not exhaustive. Your applicable legal protections are not determined solely by the Home Country recorded in your account.

Where the law where you live requires these Terms in your language, we provide them, and that version applies where the law gives it priority.

Cancellation Rights for Personalised Products

In the UK and EU, the usual 14-day cooling-off right does not apply to Products made to your specifications or clearly personalised. This exception applies even before production starts.

We nevertheless offer the one-hour editing and cancellation window described in Section 9. This is an additional benefit and does not limit any cancellation rights you have under applicable law.

In Mexico, where the Federal Consumer Protection Law gives you a right to revoke a distance purchase, you can use it by emailing support@popsa.com. The personalised-goods exception above does not limit that right.

Personalisation does not remove your legal rights if a Product is faulty, damaged or not as described. You retain any rights to repair, replacement, refund or other remedies required by applicable law, wherever you live.

11) Acceptable use

Public website content and indexing

We permit search engines and AI companies to crawl and index our publicly available blog and website content. They may use that content to surface search results, product suggestions and adverts, including relevant excerpts and links.

This permission covers public content we have the right to make available for these purposes. It does not grant access to private accounts, Photos, designs or other non-public content, or permission to bypass access controls. The restrictions below do not prohibit this permitted indexing and use.

Protecting people, content and our technology

You must not:

• Use our Services for unlawful or fraudulent purposes, or share illegal content.

• Upload, create or share child sexual abuse material, sexualised images of children, or intimate images of anyone without their consent.

• Use or share content in a way that infringes someone else's intellectual property, privacy or other legal rights.

• Harass, threaten or abuse other users, staff or anyone else through our Services.

• Upload malware, disrupt our Services or gain unauthorised access to accounts, systems or private content.

• Extract, copy or reverse-engineer our proprietary software or models without permission, except where applicable law allows it.

• Bypass security measures or manipulate safeguards to carry out prohibited activities.

• Use Memories for unlawful surveillance or to infringe other people's privacy.

We may suspend or terminate accounts that breach these rules.

Reporting illegal content and complaints

Anyone can report content on our Services they believe is illegal, such as a shared design. Email support@popsa.com with:

• where the content is, for example its link;

• why you believe it is illegal;

• your name and email address, unless your report concerns child sexual abuse material; and

• a statement that you believe your report is accurate and complete.

A member of our team reviews each report, and we act on it without undue delay.

We remove illegal content when we become aware of it, as the law requires, including terrorism content and child sexual exploitation and abuse content. We may report content to the relevant authorities.

If we remove your content or restrict your account, we tell you why and how to challenge the decision where the law requires, unless the law prevents us. You can complain to us about that decision, about content you believe is illegal, or if you believe we have not met our legal duties on illegal content, at support@popsa.com. You can also go to court.

Account Termination

We may suspend or close your account if you:

• Seriously violate these Terms

• Use Popsa for illegal purposes

• Repeatedly upload prohibited content

• Attempt to harm our systems or other users

• Engage in fraudulent activity

You can close your account at any time from within our Apps, or by contacting support@popsa.com. Your personal data will be deleted automatically within 72 hours of account closure, except for the limited records we are legally required to keep (such as order and tax records).

12) What we own

Our technology and materials

Popsa or the relevant rights holder retains its intellectual property rights in:

• Our Apps, website and software.

• Our models, curated suggestion libraries and the implementation of our rules and methods for creating designs, titles and captions.

• Artwork, templates, themes, decorative elements and other design materials we provide.

• Our brand and logos.

Some materials belong to Popsa. Others belong to artists, partners or other rights holders who give us permission to use them. Providing these materials through Popsa does not transfer their underlying intellectual property rights to you.

Your designs and Products

You retain the rights in your own content and original contributions described in Section 5. You may use the titles, captions and other suggestions we provide in your designs and Products. Using a suggestion does not give you rights in the software, models, libraries or methods behind it.

We give you permission to use our technology through the Services and to incorporate the materials we provide into your designs and Products. That permission covers those materials as part of your finished designs and Products; their underlying rights remain with Popsa or the relevant rights holder.

You buy and own the physical Product outright, as described in Section 8. You do not acquire ownership of the underlying intellectual property in Popsa's or another rights holder's materials. Your permission to use those materials within a Product you have bought continues after your account closes.

Nothing in this section restricts the public indexing and use permitted by Section 11 or activities that applicable law allows.

13) What you cannot do with our Apps

The restrictions below protect our software and models. They do not restrict your rights in your own content, your use of designs and Products under Section 12, or public indexing permitted by Section 11.

Unless we give permission or applicable law allows it, you must not:

• Copy our Apps beyond what is needed to install, run, update or back them up for permitted use.

• Distribute, rent or sell copies of our Apps or proprietary models.

• Modify our software or incorporate it into other software.

• Extract source code or model parameters, or reverse-engineer our proprietary software or models.

You must comply with applicable export-control and sanctions laws when using or transferring our Apps.

14) Availability and maintenance

We provide our Services with reasonable care and skill. Features may sometimes be unavailable during maintenance or outages. We cannot promise uninterrupted or error-free operation.

We keep our Services secure with measures suited to the information involved. We recommend keeping your devices and software up to date.

These statements do not exclude our responsibility for failing to meet our obligations or limit your mandatory rights under Section 10.

15) If something goes wrong (our responsibilities)

Responsibilities we do not exclude or limit

Nothing in these Terms excludes or limits our responsibility for:

• Death or personal injury caused by our negligence.

• Fraud, fraudulent misrepresentation or intentional misconduct.

• Any other liability or consumer right that applicable law does not allow us to exclude or limit.

Products and Services

If a Product is faulty, damaged or not as described, we will provide the remedy required by applicable law. This may include repair, replacement, a refund or compensation. Any reprint or refund we offer does not replace your other statutory rights.

We are responsible for loss or damage caused by our breach of these Terms or failure to use reasonable care and skill, where reasonably foreseeable. Loss or damage is foreseeable if it is an obvious consequence or we and you knew it might happen when entering the contract. You also retain any broader rights to compensation under applicable law.

Subcontractors and other providers

We remain responsible for obligations we ask subcontractors to perform on our behalf, including manufacturing and delivering Products. This includes Popsa International Limited's work as Popsa Inc's subcontractor where Popsa Inc is your contracting company.

Independent payment providers and other services may have their own responsibilities to you. Their involvement does not remove our responsibility for our own acts, omissions or contractual obligations.

Losses outside our responsibility

We do not compensate losses that we did not cause or that were not reasonably foreseeable, unless applicable law requires otherwise. Nothing in this section limits the mandatory rights preserved in Section 10.

16) SMS and notifications

By enrolling in Popsa's SMS marketing programme, you consent to receiving recurring text messages from Popsa at the mobile number you provided. Consent to SMS marketing is not a condition of purchase. These may include promotional content, feature updates, recommendations and cart reminders. Message and data rates may apply, so please consult your mobile service provider for details on applicable charges. The frequency of messages may vary. You may opt-out of receiving SMS messages at any time by replying STOP to any message or clicking on the unsubscribe link provided.

If you require assistance, contact our customer support team at support@popsa.com. For information regarding the collection, use, and protection of your personal data, please refer to our Privacy Policy.

17) Changes to these Terms and our Services

Changes to these Terms

We may make reasonable changes to these Terms to:

• Reflect changes in law or regulatory requirements.

• Address security risks or prevent fraud and misuse.

• Explain new or updated features accurately.

• Correct errors or clarify wording without reducing your rights.

Changes will be proportionate to the reason for making them. This section does not give us an unrestricted right to change what we have agreed to provide.

For changes that materially affect your rights or obligations, we will give you reasonable advance notice by email or an in-App notification. The notice will explain the change, when it takes effect and your options. If a legal requirement or urgent security risk prevents advance notice, we will explain the change as soon as reasonably possible.

Where your agreement is required, we will ask for it before applying the change to you. If you do not accept a material change, you may stop using the affected Services and close your account without a cancellation charge. This does not remove any rights to refunds or other remedies under applicable law, or affect orders already accepted.

Orders already accepted remain subject to the Terms that applied when they were accepted, unless a change is required by law or we agree otherwise with you.

New or updated features

Where a new or updated feature uses your data in a new way, we explain it and obtain any consent the law requires.

Our Privacy Policy explains how we use personal data. Changes to these Terms do not replace any separate privacy information or consent required for a new use of your data.

18) Contact, notices and complaints

For general support and order queries, contact support@popsa.com. For data protection queries, contact dpo@popsa.com.

Legal and contractual notices

Please send legal or contractual notices to legal@popsa.com. We also accept notices sent to support@popsa.com.

You may write to the Popsa company you contract with at its registered office listed in Section 1. Please identify the account or order concerned where relevant.

We will send contractual notices to the email or postal address associated with your account or order. This does not replace any notice requirements under Section 17 or applicable law.

These contact arrangements do not replace the legal rules for serving court documents or restrict any other method of giving notice permitted by applicable law.

Contact point for illegal content and authorities

Users and authorities can contact us about illegal content, including under the EU Digital Services Act, at legal@popsa.com, in English. Our legal representative in the EU under that Act is Popsa Europe Limited, Core B, Block 71, The Plaza, Park West, Dublin 12, Ireland.

California residents

Popsa Inc, 3411 Silverside Road, Tatnall Building #104, Wilmington, DE 19810, USA, provides our Services to California residents. Product prices are shown at checkout, and the price of any other paid Service is shown before you pay. To complain, follow "Complaints" below. Under California Civil Code Section 1789.3, you may also contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs, 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, telephone (800) 952-5210.

Complaints

If you have a complaint, contact support@popsa.com with a description of the problem and any relevant order details. We aim to acknowledge complaints promptly and resolve them as quickly as possible. You do not need to send a separate legal notice to make a complaint.

If we cannot resolve your complaint

Depending on where you live and the nature of your complaint, an independent consumer dispute-resolution body may be available. Where required by law, we will provide information about the relevant body and whether we are required or willing to participate.

Nothing in this section limits your right to contact a consumer protection authority or bring a claim in court (see Section 21).

19) Events outside our control

Events outside our reasonable control, such as severe weather, natural disasters or widespread network failures, may delay performance. We will tell you as soon as reasonably possible and take reasonable steps to reduce the effect.

We are not responsible for delay to the extent it is caused by such an event and could not reasonably have been avoided. This does not excuse failures caused by our own acts or omissions or remove responsibilities that the law requires us to retain.

If an event prevents delivery or causes a substantial delay, contact us to discuss your options. You retain any rights to cancel and receive a refund under applicable law, even if production has started. Sections 10 and 15 continue to apply.

20) Other important terms

We may transfer our rights and obligations under this contract to another group company or a purchaser of our business. A transfer must not reduce your contractual protections or statutory rights. For transfers we initiate, other than following your Home Country change as described below, we will explain the new contracting company and effective date before the transfer takes effect. We will obtain your agreement where required by law.

By choosing to change your Home Country, you request and agree to any resulting transfer of your ongoing Services agreement to the Popsa company identified for your new Home Country in Section 1. We do not need to send a separate transfer notice or ask you to accept that transfer again, unless applicable law requires it. Future orders will be placed with the Seller identified under Section 1. Changing your Home Country does not by itself transfer an existing order or remove the original Seller's responsibility for it, including any returns, refunds or claims.

You may transfer your contractual rights with our written consent, which we will not unreasonably withhold. This does not prevent you from giving away or selling a physical Product you own, or transferring rights where the law permits. Your account must not be shared, as explained in Section 4.

If we delay enforcing these Terms, we do not lose the right to enforce them later. If a court finds a term unenforceable, the remaining terms continue to apply where they can lawfully do so.

Third-Party Rights: Only you and Popsa can enforce these Terms. No one else has a right to enforce them, under the Contracts (Rights of Third Parties) Act 1999 or otherwise. This does not affect rights that cannot lawfully be excluded.

21) Which country's laws apply

Section 1 identifies your contracting company for both Services and Products. Popsa Europe Limited's payment-collection role does not make it your contracting company.

Subject to the mandatory protections below:

• Contracts with Popsa International Limited are governed by English law.

• Contracts with Popsa Inc are governed by Delaware law and applicable US federal law. For consumers resident in Canada, the laws of their province or territory and applicable Canadian federal law apply instead. For consumers resident in Mexico, Mexican law applies instead.

These choices do not take away any mandatory protections you have under the laws that would otherwise apply, including those of your country of residence. Your account's Home Country setting does not by itself determine those protections or where you may bring a claim.

You may bring a claim in any court that has jurisdiction under applicable law, including your local courts where the law permits. These Terms do not require you to bring a claim exclusively in England or Delaware, or restrict access to consumer protection authorities or available dispute-resolution procedures.

22) Your responsibility for losses you cause

You are responsible for losses caused by your breach of these Terms to the extent provided by applicable law. This includes losses caused by uploading or using content in breach of someone else's rights, using someone's image without the permission Section 5 requires, unlawful activity or misuse of our Services.

Any claim by your contracting Popsa company must be limited to reasonably foreseeable losses it actually suffers because of your breach. We will take reasonable steps to reduce those losses and will not recover the same loss twice.

You are not responsible under this section for losses caused by our own breach, negligence or misconduct, or that of people acting on our behalf. A claim about a title, caption, artwork or other material we provide does not, by itself, make you responsible for it.

If a third party makes a claim relating to your content or conduct, we will tell you promptly and give you a reasonable opportunity to respond. We will not agree a settlement that requires payment or an admission from you without your agreement. You are only responsible for legal costs to the extent recoverable under applicable law or ordered by a court.

This section does not give our group companies, Fulfilment Partners or payment providers a separate contractual right to compensation from you. It does not limit your mandatory consumer rights.