Terms of Use
1. Agreement to Terms
These Terms of Use ("Terms") constitute a legally binding agreement between you and PopcornAI LLC ("Company," "we," "us," or "our"), governing your access to and use of the Somagic mobile application ("App") and all related services available at somagic.app.
Somagic is an AI-powered photo and video generation application. Users upload photos and use artificial intelligence to generate enhanced portraits, stylized images, and videos. Generation requires an active Premium subscription and is governed by a credit-based system described in Section 6.
By downloading, installing, or using the App, you agree to be bound by these Terms. If you do not agree, do not use the App. We reserve the right to modify these Terms at any time. Changes take effect when published, and continued use constitutes acceptance.
2. User Representations
By using the App, you represent and warrant that you:
- Have the legal capacity to enter into these Terms
- Are at least 13 years old (or 16 in the EU), or have parental consent and supervision
- Will not access the App through automated or non-human means (bots, scripts, scrapers)
- Will not use the App for any illegal or unauthorized purpose
- Will comply with all applicable laws and regulations
Providing false, inaccurate, or incomplete information may result in immediate suspension or termination of your account.
3. Accounts & Authentication
When you first launch the App, an anonymous account is automatically created and stored on your device. You may optionally link your account using Apple Sign-In or Google Sign-In to enable cross-device access and account recovery.
You are responsible for all activity that occurs under your account. If you link an authentication provider, you must maintain the security of those credentials. We reserve the right to terminate or suspend accounts that violate these Terms, engage in fraudulent activity, or remain inactive for an extended period.
4. Intellectual Property
The Somagic name, logo, App design, user interface, underlying AI models, algorithms, and all associated technology are the exclusive property of PopcornAI LLC and are protected by copyright, trademark, and other intellectual property laws.
You are granted a non-exclusive, non-transferable, revocable license to access and use the App solely for personal, non-commercial purposes. You may not copy, reproduce, distribute, modify, create derivative works of, publicly display, or commercially exploit any part of the App without our express written permission.
By submitting feedback, suggestions, or ideas to us, you agree that we may use them for any purpose without compensation or attribution to you.
5. Purchases & Subscriptions
Somagic offers Premium subscription plans purchased through the Apple App Store or Google Play Store. All billing is handled by the respective platform provider and subject to their terms. Prices are displayed at the point of purchase and may vary by region. Sales tax is applied as required by law.
Subscriptions automatically renew at the end of each billing period unless cancelled at least 24 hours before the renewal date. To cancel, manage your subscription through your Apple ID or Google Play account settings. Cancellation takes effect at the end of the current paid period.
We do not process refunds directly. Refund requests must be submitted to Apple or Google through their standard procedures. We reserve the right to modify subscription pricing with advance notice in accordance with applicable law.
6. Credit System
All AI generation in Somagic requires credits. Credits are available only to users with an active Premium subscription.
Renewable Credits
Upon subscribing, you receive a weekly allocation of renewable credits according to your subscription plan. Every 7 days from the date of subscription, your renewable credit balance is reset to your plan's weekly quota. Unused renewable credits do not carry over — if you have remaining credits at the time of renewal, your balance is restored to (not added on top of) the weekly quota. For example: if your weekly quota is 200 credits and you have 50 remaining, after renewal your balance becomes 200 (not 250).
One-Time Credits
One-time credits may be awarded as bonuses or purchased separately. They do not expire while your subscription is active and are not affected by the weekly renewal cycle.
Credit Usage Order
When generating content, renewable credits are consumed first. One-time credits are used only after all renewable credits have been exhausted.
Credits are non-refundable and non-transferable except as required by applicable law. We reserve the right to adjust credit costs per generation type and to modify credit allocations with advance notice.
7. AI-Generated Content
Somagic uses third-party artificial intelligence services to generate and enhance images and videos ("AI Content"). By using generation features, you explicitly consent to your data (including uploaded images, prompts, and parameters) being processed by third-party AI providers including, but not limited to: kie.ai, Flux (Black Forest Labs), OpenAI, Google Veo, Runway, Kling (Kuaishou), and Hailuo (MiniMax).
You retain ownership of the original photos you upload. For AI Content generated by the App, you are granted a non-exclusive, worldwide, royalty-free license to use AI-generated images and videos for personal, non-commercial purposes. Commercial use of AI-generated content requires prior written consent from PopcornAI LLC.
You acknowledge that AI-generated results may be similar to outputs generated for other users and may contain inaccuracies or unexpected elements. You are solely responsible for reviewing all output before use.
8. Prohibited Activities
You agree not to use the App to:
- Generate, upload, or distribute content that is obscene, hateful, violent, or exploits minors
- Create sexually explicit or pornographic content
- Impersonate any person without their explicit consent or create deepfakes of real individuals
- Create deceptive AI-generated content intended to mislead others
- Generate non-consensual intimate imagery
- Create content intended to damage the reputation of any person
- Upload images of persons without having the legal right to use their likeness
- Reverse-engineer, decompile, or attempt to extract source code or AI models from the App
- Use automated systems, bots, or scripts to access, scrape, or interact with the App
- Circumvent or interfere with security features, rate limits, credit systems, or access controls
- Use the App for any competing service or product
- Sell, transfer, or share your account with others
- Violate any applicable law, regulation, or third-party right
We reserve the right to remove any content that violates these rules and may suspend or permanently terminate accounts of violators without warning or refund.
9. Disclaimers
The App is provided on an "as is" and "as available" basis without warranties of any kind, express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
We do not warrant that the App will be uninterrupted, error-free, secure, or that AI-generated results will meet your specific requirements or expectations. We assume no responsibility for content errors, personal injury, property damage, unauthorized access to data, bugs, viruses, or interruptions of service.
10. Limitation of Liability
To the maximum extent permitted by law, PopcornAI LLC, its directors, employees, and agents shall not be liable for any direct, indirect, incidental, special, consequential, exemplary, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of the App.
Our total cumulative liability shall not exceed the amount you paid to us during the six (6) months preceding the cause of action. Some jurisdictions do not allow limitation of implied warranties or exclusion of certain damages, so some of the above limitations may not apply to you.
11. Indemnification
You agree to defend, indemnify, and hold harmless PopcornAI LLC and its officers, directors, employees, and agents from and against any losses, damages, liabilities, claims, and expenses (including reasonable legal fees) arising from: your use of the App; your breach of these Terms; your violation of any third-party rights; or any harmful actions toward other users.
12. Governing Law & Disputes
These Terms are governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict-of-law provisions.
Before initiating formal proceedings, both parties agree to attempt to resolve disputes informally for at least thirty (30) days. Any unresolved disputes shall be submitted to the exclusive jurisdiction of the state or federal courts located in Delaware.
If you are a consumer in the EU or UK, you also retain the benefit of any mandatory protections afforded by your local law.
13. Termination
These Terms remain in effect while you use the App. We reserve the right to deny access to the App to any person for any reason, including breach of these Terms, without prior notice. We may delete accounts and associated content at our sole discretion.
Upon termination, your license to use the App is immediately revoked. Sections relating to intellectual property, disclaimers, limitation of liability, indemnification, and governing law survive termination.
14. Miscellaneous
These Terms and our Privacy Policy constitute the entire agreement between you and us. Our failure to exercise any right does not constitute a waiver. If any provision is found unenforceable, the remaining provisions continue in full force. We may assign our rights and obligations without your consent. No partnership, employment, or agency relationship is created by these Terms.
You consent to receiving electronic communications from us and agree that all agreements, notices, and disclosures provided electronically satisfy any legal requirement that such communications be in writing.
15. Contact
For questions about these Terms, please contact us at: support@somagic.app
PopcornAI LLC
16192 Coastal Hwy, Lewes, DE 19958, USA