Popular POEM Terms of Service

Last updated: August 2, 2026 · Version: 2026-08-02

These Terms contain a dispute resolution provision, including a class action waiver and jury trial waiver, that affects your legal rights.

These Terms of Service (“Terms”) govern your use of the Popular POEM website (the “Website”) and related services (the “Services”), which are operated by The Gamma Point LLC (“TGP,” “we,” “us,” or “our”).

These Terms are a legally binding contract between you and TGP regarding your access to and use of the Services, including any subscriptions that you purchase. By using the Services, you acknowledge that you have agreed to these Terms. If you do not agree to these Terms, please do not use the Services.

Eligibility

You must be at least 18 years old to use the Services. You may not use any of the Services on behalf of any other person or other legal entity or for a commercial purpose.

Accounts

You may be required to create an account to access certain parts of the Services (an “Account”). You may only have one Account. Creating multiple accounts is a violation of these Terms and may result in termination of all associated accounts.

You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify us immediately of any breach of security or unauthorized use of your account. TGP will not be liable for any losses caused by any unauthorized use of your account or of any password you create for your account.

Posting Messages

The Services are a collaborative poetry platform intended for civic and artistic communication. The Services permit users to submit messages (“Messages”), which are combined into shared public poems (“Public Poem Content”). Public Poem Content is produced by an algorithm that combines the character-level contributions of Messages accumulated over time. No specific phrase is attributed to any one author and no specific phrase should be interpreted as a factual assertion about any person, entity, or subject. Public Poem Content is the output of an automated aggregation system and is intended to be read as poetry, not as journalism or testimony.

You, or your licensors, as applicable, retain ownership of any copyright or other intellectual property rights you may have in your Messages, subject to the non-exclusive license granted below.

By submitting a Message, you grant us, from the time of the posting, a worldwide, perpetual, irrevocable, sublicensable, non-exclusive and royalty-free right and license to use, reproduce, distribute, adapt, modify, translate, create derivative works based upon, publicly perform, publicly display, digitally perform, make, have made, and import the Message, including, all copyrights, publicity rights, trademarks, trade secrets, patents, industrial rights and all other intellectual and proprietary rights related to them, for the purpose of providing the Services without any compensation to you.

You may not post Messages that are incompatible with or that violate these Terms or applicable law (“Prohibited Content”).

Unless required by law, we generally do not moderate, review, or remove individual submitted messages beyond automated character and length validation. We reserve the right to remove or refuse to use any of your Messages (including Prohibited Content), in whole or part, at any time in our sole discretion. You grant TGP and its authorized agents the permission to view, monitor, edit, delete or otherwise moderate any Message, including any unpublished Messages, at any time, but you agree that TGP has no obligation to do any of that. The fact any particular Message may be accessible does not mean that we agree with it, support it, or believe it to be safe or reliable, or that it complies with our Terms, or that we have even reviewed it: it means only that we have not deleted it.

You may only post a Message if: (1) you own the content of the Message or you have obtained all necessary licenses and permissions to post such Message and grant us the rights and licenses described in these Terms, (2) your posting of the Message does not violate any third party's rights or any legal requirement, and (3) the Message is not Prohibited Content.

Subscriptions

Posting Messages requires a paid subscription (“Subscription”). By subscribing, you authorize us to charge your credit card on a recurring basis for the then-current Subscription fee until you cancel or when your Account or the Services are terminated in accordance with these Terms. We use Stripe to process Subscription payments, and your payment is subject to Stripe's terms.

Your credit card will automatically be charged the then-current Subscription fee on the applicable renewal processing date unless you cancel before that date. Your Subscription will continue for the period specified when you enroll in the Subscription and will automatically renew until terminated. You may cancel your subscription at any time in the Manage Subscription section of your account settings. You must cancel your Subscription before it renews in order to avoid billing of the Subscription fee for the next billing cycle. If you cancel before your next renewal date, your subscription will not renew, and you will not be charged again.

We may receive updated credit card information (new credit card number or updated expiration date) from your credit card issuer. We may use these new details in order to help prevent any interruption to your Subscription. If you would like to use a different payment method or if there is a change in payment method, you can do so in the Manage Subscription section of your account settings. If the Subscription fee is not paid in a timely manner, or your transaction cannot be processed, we reserve the right to suspend, disable, cancel or terminate your Account. You will be responsible for paying all past due amounts. Some credit card issuers may charge you certain fees, such as foreign transaction fees or other fees relating to the processing of your credit card. Check with your credit card provider for details.

You have two weeks from the date of your initial subscription purchase to complete humanness verification. If you are unable to complete verification within that window, you may request a refund within the two-week window by contacting us at contact@popularpoem.com. Subscription fees are otherwise non-refundable.

Gift Codes

A gift code may be redeemed only once. Redemption of a valid gift code provides the redeeming Account with a one-year Subscription beginning on the date of redemption.

Gift codes have no cash value, are not redeemable for cash, and may not be resold, transferred for value, or used for any unauthorized promotional, commercial, or unlawful purpose. Lost, stolen, destroyed, or unauthorizedly used gift codes will not be replaced except where required by law. Gift codes are non-refundable once redeemed.

If you do not have an existing Subscription and you redeem a gift code, either at that time or prior to the termination of the gift subscription period, you may be presented the option to enter into an automatically renewing subscription that will begin at the end of the term of your gift subscription.

If you redeem a gift code while you already have an active Subscription, the gift subscription may be added to the end of your then-current Subscription term, unless otherwise disclosed at redemption. Gift codes may not be applied retroactively to prior purchases.

Use of a gift code and any resulting Subscription remain subject to these Terms, including the eligibility, Account, humanness verification, prohibited conduct, and termination provisions. If we determine that a gift code was obtained, used, or redeemed through fraud, abuse, violation of these Terms, or other unauthorized activity, we may reject, suspend, cancel, or deactivate the gift code or related Subscription and Account, except where required by law.

Prohibited Conduct

In addition to any other restrictions stated in these Terms or on the Services, you agree not to:

  • submit content that is sexually explicit, that depicts minors in any sexual context, that promotes violence or self-harm, that infringes another person's intellectual property, or that violates any applicable law;
  • use deceptive techniques (e.g., masks, prosthetics, photographs of another person, or AI-generated imagery) to defeat humanness verification, or otherwise misrepresent yourself to the verification system;
  • attempt to circumvent the one-account-per-person rule;
  • use automated tools to submit messages or interact with the Service;
  • initiate fraudulent payment chargebacks or other payment disputes in bad faith;
  • share your account credentials with another person, or use another person's account credentials;
  • interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services;
  • violate any applicable local, state, national or international law, or any regulations having the force of law through use of the Services;
  • impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  • obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Services;
  • scrape, access, monitor, index, frame, link, or copy any content on the Services by accessing the Services in an automated way, using any robot, spider, scraper, web crawler, or using any method of access other than manually accessing the publicly available portions of the Services through a browser or accessing the Services through any approved mobile application, application programming interface, or client application;
  • decompile, reverse engineer, or otherwise attempt to obtain the source code or underlying ideas or information of or relating to the Services;
  • probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures we may use to prevent or restrict access to the Services or use of the Services or the content therein;
  • attack the Services via a denial-of-service attack or a distributed denial-of service attack;
  • transfer any rights granted to you under these Terms; or
  • attempt to directly or indirectly undertake any of the foregoing.

TGP has the right to investigate and prosecute violations of any of the above to the fullest extent of the law. TGP may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms.

DMCA Notice

If you are a copyright owner or an agent thereof and believe that any content, information, or communication on the Services infringes upon your copyrights, you may submit a written notice of infringement pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512 (the “DMCA”). All notices of infringement should be sent to TGP's Designated Agent identified below and should include the following information: (a) an electronic or physical signature of the copyright owner or of the person authorized to act on behalf of the owner of the copyright interest, (b) a description of the copyrighted work that you claim has been infringed, (c) a description of where the material that you claim is infringing is located on the Services, (d) your address, telephone number, and e-mail address, (e) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law, and (f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Notices of infringement should be directed to the following Designated Agent:

The Gamma Point, LLC
Attn: Copyright Agent
7300 W 110th St
Suite 700
Overland Park, KS, 66210
Or e-mail: contact@popularpoem.com

If you submit a notice of infringement that knowingly materially misrepresents that any content, information, or communication on the Services is infringing upon a copyright, you may be held liable for damages and attorneys' fees. If you believe that your content, information, or communication has been removed from the Services due to an erroneous claim of infringement, you may have remedies available to you under the DMCA.

Limited License

All materials on the Services, including Public Poem Content, the designs, graphics, text, sounds, pictures, videos, software and other files and the selection and arrangement thereof (collectively, “Materials”), are the property of TGP or its licensors and are protected by intellectual property laws. Subject to your compliance with these Terms, TGP grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to use the Services solely for your personal, non-commercial use and expressly conditioned upon your compliance with these Terms. If we terminate your Account, any license granted by us to you in the Services ends immediately.

Except as expressly authorized by these Terms, you may not copy, reproduce, distribute, republish, download, perform, display, post, transmit, exploit, create derivative works or otherwise use any of the Materials in any form or by any means, without the prior written authorization of TGP or the respective copyright owner. None of the Materials or Services may be reverse-engineered, disassembled, decompiled, transcribed, stored in a retrieval system, translated into any language or computer language, re-transmitted in any form or by any means (electronic, mechanical, photocopying, recordation, photo-reproduced, or otherwise), or reproduced without the express prior written permission of TGP or its licensors.

You must not hack the Services or perform any other activity that may damage, detrimentally interfere with, intercept or expropriate any system, personal information, or other data. You must not perform any activity to interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment. You may not use any “deep-link”, “page-scrape”, “robot”, “spider”, or other automatic device, program, algorithm, or methodology or any similar or equivalent manual process to access, acquire, copy, or monitor any portion of the Services, or in any way reproduce or circumvent any aspect of the Services (such as the navigational structure or presentation of any of the Services), or to obtain or attempt to obtain any materials, documents, or information through any means not purposely made available through the Services. We may use technical means to detect and block any such activity, but our failure to do so is not a waiver of this prohibition.

Feedback

From time to time, you may provide us with comments, suggestions, or ideas for enhancements, improvements, changes, or additions to the Services or our business in general, including ideas for new features, materials, and other content (“Feedback”). By providing us Feedback, you grant to us exclusive ownership of the Feedback and of all intellectual property rights and other rights in it, and you will provide us with reasonable cooperation in documenting this grant. TGP has no obligation to do anything with Feedback, but we will have the full, worldwide, unencumbered right to use, incorporate, and otherwise fully exercise and exploit any such Feedback via all forms of media, distribution methods, and technology now known or later developed, for any purposes, commercial or otherwise, and to transfer or license our rights in the Feedback, without notice, acknowledgement or compensation to you.

Privacy

For information about how we collect, use and disclose your personal information, please see our Privacy Policy.

Termination

You may close your account at any time by contacting us at contact@popularpoem.com.

We may modify, suspend or terminate your access to the Services if we determine, in our sole discretion, that you have violated these Terms or applicable law, or for any reason, with or without notice to you and without liability to you or any third party. In addition to suspending or terminating your access to the Services, TGP reserves the right to take appropriate legal action, including without limitation pursuing civil, criminal or injunctive relief.

Even after your right to use the Services is terminated, these Terms will remain enforceable against you.

Disclaimer of Warranties & Limitation of Liability

Your use of the Services is at your sole risk. The Services along with content and materials are provided on an “as is” and “as available” basis. TGP and any affiliated parties expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to all warranties of merchantability, and implied warranties of fitness for a particular purpose and non-infringement.

TGP makes no warranties with respect to, and expressly disclaims all liability for: (i) your Messages; (ii) any third party, or third-party website, third-party product, or third-party service accessible or made available to you through the Services; (iii) the quality or conduct of any user or other third party you encounter in connection with your use of the Services, including any activities, events, engagement or interactions with others that may be facilitated through use of the Services; or (iv) unauthorized access, use or alteration of Messages. Further, TGP and any affiliated parties make no warranty that the Services will (I) meet your requirements, (II) be uninterrupted, timely, secure, or error-free, (III) be accurate or reliable, (IV) be of sufficient quality, and (V) be corrected of any errors. You use material accessed or otherwise obtained through the use of the Services at your own risk, and you will be solely responsible for any damage to your computer system, your mobile device, or loss of data that results from the use of any such material. No information, whether oral or written, obtained by you from TGP and its affiliated parties on or through the Services shall create any warranty not expressly stated in these Terms.

To the extent permissible under applicable law, in no event shall TGP or its affiliated parties be liable (jointly or severally) to you for personal injury or any special, incidental, indirect or consequential damages of any kind, or any damages whatsoever. The Services would not be provided without such limitations.

Notwithstanding the foregoing, the sole and aggregate maximum liability of TGP and its affiliated parties for any reason and your sole and exclusive remedy for any cause or claim whatsoever, shall be limited to the amount paid by you for Services in the twelve months prior to the action giving rise to the claim, provided that if a provision in the Terms entitles you to a refund, nothing in these Terms shall be construed to void your entitlement to the full amount of that refund. To the extent permitted by applicable law, if you have not paid TGP anything for Services during that twelve-month period, your sole and exclusive remedy for any dispute with us is to stop using the Services.

Some jurisdictions do not allow the disclaimer of certain warranties or the limitation or exclusion of liability for certain types of damages. Accordingly, some of the above disclaimers and limitations may not apply to you. In such jurisdictions, the exclusions apply, and liability is limited, only to the extent permitted by law.

Indemnification

You agree to indemnify, defend, and hold harmless TGP against all liability, causes of action, damages, and costs, including any reasonable attorneys' fees, arising from third-party claims relating to (i) your use of the Services, (ii) your breach of these Terms, (iii) your infringement or violation of any rights of another, or (iv) termination of your access to the Services.

Dispute Resolution; Class Action Waiver

Informal Resolution. If you have a concern or dispute relating to the Services or these Terms, please contact us first at contact@popularpoem.com and describe the issue and the resolution you are seeking. We will try to resolve the issue informally. If we have a dispute with you, we may contact you using the email address associated with your Account.

Small Claims Court. Either you or TGP may bring an individual claim in small claims court if the claim qualifies for small claims court. Small claims proceedings may be brought only on an individual basis and not as a class, collective, consolidated, private attorney general, or representative action.

Court Proceedings. Except for claims that may be brought in small claims court, and except as otherwise required by applicable law, any dispute, claim, or controversy arising out of or relating to the Services or these Terms will be brought exclusively in the state or federal courts located in Johnson County, Kansas. You and TGP consent to the personal jurisdiction of those courts.

Class action waiver. To the fullest extent permitted by applicable law, you and TGP agree that any dispute, claim, or controversy arising out of or relating to the Services or these Terms may be brought only on an individual basis. You and TGP each waive the right to participate as a plaintiff, claimant, or class member in any class, collective, consolidated, private attorney general, or representative action.

Jury trial waiver. To the fullest extent permitted by applicable law, you and TGP each waive any right to a trial by jury in any action, proceeding, or counterclaim arising out of or relating to the Services or these Terms.

Intellectual Property and Injunctive Relief. Nothing in this section limits either party's ability to seek injunctive or equitable relief in court to protect intellectual property rights, confidential information, account security, service integrity, or against unauthorized access to or misuse of the Services.

Consumer Rights. Nothing in this section limits any non-waivable rights you may have under applicable consumer protection laws.

Third Party Websites

The Services may contain links to third-party websites. If you use these links, you will leave the Services and your dealings will solely be with the third-party websites. You agree that TGP is not responsible or liable for any content, goods or services provided on or through these outside websites. You use these links at your own risk and liability. We have no responsibility for the content, legality or accuracy of any third-party information, products, or services.

EU Digital Services Act

If you are an EU resident, please see the following Digital Services Act (“DSA”) disclosures.

These Terms explain the restrictions on the use of the Services and how we monitor and enforce those restrictions. Users of the Services may reach out to contact@popularpoem.com if the user believes any content on the Services is illegal.

Communications regarding the DSA should be directed to contact@popularpoem.com.

Changes to These Terms

We may update these Terms from time to time. We will indicate the date of the most recent update at the top of the Terms. If we make a material change to the Terms, you will be provided with appropriate notice in accordance with legal requirements. By continuing to use the Services, you accept the updated Terms.

General Provisions

Severability. If any provision of these Terms is deemed unlawful, void, or for any reason unenforceable by a court of competent jurisdiction, the validity and enforceability of any remaining provisions shall not be affected.

Entire agreement. These Terms, together with our Privacy Policy, constitute the entire and only agreement between TGP and you with respect to the Services. These Terms supersede any prior or contemporaneous agreements, representations, warranties and understandings, written or oral, regarding these Terms or the Services.

Governing Law and Jurisdiction. Except to the extent prohibited by applicable law, these Terms and any dispute arising out of or relating to these Terms or the Services are governed by the laws of the State of Kansas without regard to conflict-of-law principles.

No Waiver. The failure of TGP to insist upon strict adherence to any term of these Terms shall not constitute a waiver of such term and shall not be considered a waiver or limit that party's right thereafter to insist upon strict adherence to that term or any other term of these Terms.

Notice. We may communicate with you regarding the Service via the email address registered to your account. You are responsible for keeping that address current.

Force majeure. We are not liable for failure to perform any obligation due to causes beyond our reasonable control, including but not limited to acts of God, network failures, third-party service outages, or government action.

Assignment. These Terms, and any rights, licenses or obligations you receive hereunder, cannot be transferred or assigned by you, and you will not attempt to do so. Any attempted transfer or assignment in violation hereof shall be null and void. TGP reserves the right to assign, delegate, or transfer these Terms and the rights, licenses and obligations they contain to another entity.

Statute of Limitations. To the fullest extent permitted by applicable law, any claim or cause of action arising out of or relating to the Services must be filed within one (1) year after such claim arose, or it will be permanently barred.

EU Consumer Rights. If you are a consumer habitually resident in a Member State of the European Union, the EEA, the United Kingdom, or another jurisdiction whose laws provide mandatory consumer protections, nothing in these Terms limits or excludes any rights that cannot be waived under the laws applicable to you.

Service modifications. We may modify, suspend, or discontinue any aspect of the Service at any time, with or without notice. We will use reasonable efforts to provide notice of significant changes affecting paying subscribers.

Consumer complaints. In accordance with California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.

Contact Information

Questions, comments, or concerns? Email us at contact@popularpoem.com.