Terms of Service

Last Updated: April 2026

Developer: Storm Adamsen, an individual developer from the Kingdom of Belgium (hereinafter referred to as "we", "us" or "our")

These Terms of Service (the "Agreement") constitute a legally binding agreement between you ("you", "your" or "user") and us, governing your access to and use of the MotionPop mobile application (the "App") for iOS devices, including all related features, content, and services.

By downloading, installing, or using the App, you confirm that you have read, understood, and agreed to be bound by all terms of this Agreement. If you do not agree with any part of this Agreement, you must not download, install, or use the App, and must uninstall the App from your device immediately.

1. Eligibility and Use Restrictions

1.1 Age Requirement: You must be at least 16 years old to use this App. This age requirement is our policy choice and applies to all users regardless of local law. If you are under 16, you may not use the App. We do not offer a parental consent mechanism for users under 16.

1.2 Legal Eligibility: You warrant that you have full legal capacity to enter into this Agreement, and that you are not located in a country or territory subject to sanctions by the European Union or the Kingdom of Belgium, and are not listed on any EU or Belgian list of prohibited or restricted parties.

1.3 Personal Non-Commercial Use: The App is licensed to you for your personal, non-commercial use only. You may not use the App for any commercial purpose without our prior written consent.

2. End User License

2.1 We grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download, install, and use the App on a single iOS device that you own or control, solely for the purposes permitted under this Agreement.

2.2 You may NOT:

• Copy, modify, reverse engineer, decompile, disassemble, or attempt to derive the source code, algorithms, or underlying design of the App;
• Create derivative works based on the App, or modify, adapt, or translate the App in any way;
• Rent, lease, lend, sell, distribute, transfer, or otherwise make the App available to any third party;
• Bypass, disable, or tamper with any security or technical protection measures of the App;
• Use the App for any illegal, fraudulent, malicious, or unauthorized purpose;
• Use the App to infringe on the intellectual property rights, privacy rights, portrait rights, or other legal rights of any third party;
• Interfere with or disrupt the operation of the App, or our servers, networks, or systems.

3. Intellectual Property Rights

3.1 Our Intellectual Property: All rights, title, and interest in and to the App, including but not limited to source code, UI/UX design, trademarks, logos, AI models, templates, algorithms, text, graphics, audio, video, and all other content, are the exclusive property of us or our authorized licensors (if any), and are protected by copyright, trademark, patent, and other intellectual property laws and international treaties. All rights not expressly granted to you in this Agreement are reserved by us.

3.2 User Content:

• You retain all ownership rights to the photos, images, text prompts, and other content you upload to the App ("User Content").
• You grant us a limited, non-exclusive, worldwide, royalty-free license to use your User Content solely for the purpose of providing the core services of the App: processing your User Content to generate the AI dynamic content you request, storing the generated content in your in-app gallery, and enabling the save and share features. We will NOT use your User Content to train our AI models, unless you provide explicit, separate written consent.
• You warrant that: (a) you own or have obtained all necessary rights, licenses, and permissions to upload and use your User Content; (b) your User Content does not infringe on the intellectual property rights, portrait rights, privacy rights, or other legal rights of any third party; (c) your User Content does not violate any applicable laws or regulations.
• You are solely responsible for all consequences of the use, sharing, and distribution of content you generate using the App. We are not liable for the legality or compliance of any content generated by you.

4. AI-Generated Content

4.1 Nature of AI Content: The App uses artificial intelligence to generate dynamic video content based on your uploaded photos and selected templates. You acknowledge and agree that all content generated through the App is produced by AI and is not a real recording or depiction of actual events.

4.2 Labelling and Disclosure: Content generated by the App is labelled as AI-generated within the App. When you share AI-generated content to any third-party platform or with any other person, you are responsible for ensuring that such content is appropriately labelled as AI-generated in accordance with applicable laws and the receiving platform's policies, including the EU Artificial Intelligence Act (Regulation (EU) 2024/1689) Article 50.

4.3 Upload Restrictions: You confirm and warrant that any photos you upload are of yourself or that you have obtained the explicit consent of all identifiable persons depicted in the photos. You may not upload photos of other persons without their prior explicit consent. You are solely responsible for ensuring that you have the right to use any photo you upload, including the right to process it through AI generation.

4.4 Prohibited Uses of AI Content: You may not use the App to generate content that:

• Depicts any person without their consent;
• Constitutes deepfake content used for fraud, defamation, impersonation, harassment, or invasion of privacy;
• Is intended to mislead, deceive, or cause harm to any person;
• Violates any applicable law, including laws regarding defamation, privacy, portrait rights, and consumer protection.

5. Paid Services and In-App Purchases

5.1 Free and Premium Features: The App provides free basic features, while certain advanced features (including video generation, or additional points) require paid in-app purchases to unlock.

5.2 In-App Points:

• Points are virtual currency within the App, used exclusively to redeem in-app services and features. Points cannot be exchanged for cash, transferred, sold, or inherited.
• You may purchase points via in-app purchase, at the prices displayed within the App. We reserve the right to adjust prices with prior notice to users.
• All point purchases are final and non-refundable, except where a right of refund exists under applicable law (including, for EEA consumers, the right of withdrawal under Directive 2011/83/EU where applicable). Unused points do not expire, unless the App ceases operations or your account is deleted.

5.3 Refunds: All in-app purchase transactions are processed by Apple Inc. We do not have the ability to process refunds directly. All refund requests must be submitted to Apple App Store customer support.

5.4 Right of Withdrawal (EEA Users): If you are a consumer in the European Economic Area, you may have a right of withdrawal under Directive 2011/83/EU. However, by choosing to download and use digital content (including points) immediately upon purchase, you acknowledge that you consent to the immediate performance of the contract and thereby forfeit your right of withdrawal for that purchase, to the extent permitted by applicable law.

6. Prohibited Conduct

You agree not to engage in any of the following prohibited activities:

• Using the App for any illegal, harmful, obscene, violent, hateful, discriminatory, defamatory, or otherwise objectionable purpose;
• Uploading or using User Content that is illegal, infringes on third-party rights, or violates this Agreement;
• Uploading photos of other persons without their explicit consent for AI processing;
• Using the App to generate deepfake content for fraud, defamation, impersonation, invasion of privacy, or any other illegal or unauthorized purpose;
• Interfering with, disrupting, or hacking the App, or our servers, networks, or systems (including third-party services we use to support the App);
• Stealing or impersonating another user's account, or accessing another user's content without authorization;
• Using the App to send unsolicited commercial messages, spam, or advertising;
• Sharing AI-generated content without labelling it as AI-generated where required by applicable law or the receiving platform's policies;
• Violating the terms of service or community guidelines of any third-party platform (including Facebook, Instagram, and X) when sharing content generated via the App. You are solely responsible for ensuring that any content you share complies with all applicable rules of the receiving platform.

7. Disclaimer of Warranties

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE APP AND ALL SERVICES, CONTENT, AND FEATURES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, UNINTERRUPTED SERVICE, ERROR-FREE OPERATION, OR FREEDOM FROM VIRUSES OR OTHER HARMFUL COMPONENTS.

WE DO NOT WARRANT THAT THE APP'S FUNCTIONS WILL MEET YOUR REQUIREMENTS, THAT AI GENERATED CONTENT WILL MEET YOUR EXPECTATIONS, OR THAT THE APP WILL OPERATE WITHOUT INTERRUPTION OR ERRORS.

NOTHING IN THIS SECTION SHALL EXCLUDE OR LIMIT OUR LIABILITY FOR THE CONFORMITY OF DIGITAL CONTENT WITH THE CONTRACT AS REQUIRED BY DIRECTIVE (EU) 2019/770 FOR EEA CONSUMERS.

YOU ACKNOWLEDGE THAT APPLE IS NOT RESPONSIBLE FOR THE MAINTENANCE, SUPPORT, OR WARRANTY OF THE APP. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, APPLE WILL HAVE NO WARRANTY OBLIGATION WHATSOEVER WITH RESPECT TO THE APP.

8. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE APP, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF DATA, OR BUSINESS INTERRUPTION, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ANY CLAIM ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE APP EXCEED THE TOTAL AMOUNT YOU HAVE PAID TO US IN THE 12 MONTHS PRIOR TO THE CLAIM.

NOTHING IN THIS AGREEMENT SHALL LIMIT OR EXCLUDE OUR LIABILITY FOR:

• DEATH OR PERSONAL INJURY CAUSED BY OUR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT;
• FRAUD OR FRAUDULENT MISREPRESENTATION;
• ANY LIABILITY THAT CANNOT BE LIMITED OR EXCLUDED BY APPLICABLE MANDATORY LAW, INCLUDING CONSUMER PROTECTION LEGISLATION.

For EEA consumers: Nothing in this Agreement shall deprive you of the rights granted by Directive (EU) 2019/770 on digital content, Directive 2011/83/EU on consumer rights, or any other mandatory consumer protection legislation applicable in your country of residence.

YOU ACKNOWLEDGE THAT APPLE IS NOT LIABLE FOR ANY CLAIMS ARISING OUT OF YOUR USE OF THE APP, INCLUDING BUT NOT LIMITED TO PRODUCT LIABILITY CLAIMS, CLAIMS THAT THE APP FAILS TO CONFORM TO APPLICABLE LEGAL OR REGULATORY REQUIREMENTS, AND CLAIMS ARISING UNDER CONSUMER PROTECTION OR PRIVACY LAWS. THESE CLAIMS ARE THE SOLE RESPONSIBILITY OF US.

9. Termination

9.1 We reserve the right, at our sole discretion, to suspend or terminate your access to the App and your account if you violate any term of this Agreement. For users with paid services, we will provide reasonable notice (at least 30 days) before termination, except in cases of serious or repeated violations.

9.2 You may terminate this Agreement at any time by uninstalling the App and deleting your account via the "Delete My Account" feature in the App's Settings.

9.3 Upon termination, all licenses granted to you under this Agreement will immediately terminate, and you must cease all use of the App.

9.4 Provisions of this Agreement that by their nature should survive termination (including intellectual property rights, disclaimers, limitation of liability, and dispute resolution) will remain in full force and effect after termination.

10. Third-Party Services

The App may contain links to third-party platforms, services, or websites (including social media platforms). We do not control, endorse, or assume any responsibility for the content, privacy policies, or terms of service of any third-party services. Your use of any third-party service is at your sole risk, and you must comply with the third party's applicable terms and policies.

The App includes optional sharing features that allow you to send your generated content to third-party social media platforms, including Facebook, Instagram, and X. These features are provided solely as a convenience to you.

You acknowledge and agree that:

• Your use of these sharing features is at your sole risk.
• By using the share feature to send content to a third-party platform, you agree to comply with that platform's own terms of service and privacy policy.
• You are responsible for labelling shared AI-generated content in accordance with each platform's policies on AI-generated or synthetic content.
• We are not responsible for any actions, policies, or practices of these third-party platforms, including how they handle your shared content.

11. Governing Law and Dispute Resolution

11.1 This Agreement shall be governed by and construed in accordance with the laws of the Kingdom of Belgium. For consumers residing in the European Economic Area, the mandatory consumer protection provisions of your country of residence shall apply in accordance with Article 6 of Regulation (EC) No 593/2008 (Rome I).

11.2 For users residing in the European Economic Area: You may bring any dispute in the courts of your country of residence.

11.3 Any dispute arising out of this Agreement shall first be submitted to good faith negotiation between the parties for a period of 60 days from the date of written notice of the dispute. If the dispute cannot be resolved through negotiation, either party may initiate legal proceedings.

11.4 For EEA consumers: You have the right to access the European Union Online Dispute Resolution platform at https://ec.europa.eu/consumers/odr for the resolution of disputes concerning online purchases and service contracts. We are not obligated to participate in dispute resolution proceedings before a consumer arbitration body.

12. Third-Party Beneficiary

You acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of this Agreement. Upon your acceptance of the terms of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary.

13. Changes to This Agreement

We reserve the right to modify this Agreement from time to time. We will post the revised Agreement in the App and update the "Last Updated" date at the top of the Agreement.

For material changes that affect your rights, we will notify you via in-app notification or email at least 30 days before the changes take effect. For changes that are solely beneficial to you or required by law, a shorter notice period may apply.

If you do not agree with the revised terms, you may terminate this Agreement by uninstalling the App and deleting your account before the changes take effect. Your continued use of the App after the effective date of the revised Agreement constitutes your acceptance of the changes, except where applicable law requires your explicit consent.

14. Severability

If any provision of this Agreement is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision shall be deemed severed from this Agreement, and the remaining provisions shall remain in full force and effect.

15. Entire Agreement

This Agreement, together with our Privacy Policy, constitutes the entire agreement between you and us with respect to the App, and supersedes all prior oral or written agreements, communications, or understandings between you and us relating to the App.

16. Contact Us

If you have any questions, concerns, or complaints about this Agreement, please contact us at:

Developer: Storm Adamsen
Email: [email protected]