Terms of Service

Please read these Terms of Service ("Terms", "Terms of Service") carefully before using SalesPop (the "Service") operated by Pop! Commerce, Inc., the provider of SalesPop ("us", "we", or "our"). Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who access or use the Service. By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of the terms, then you may not access the Service.

Accounts

When you create an account with us, you must provide us with information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service. You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service. You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

Termination

We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability. We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

‍

Subscription, Free Trials, Billing and Cancellation

Subscription

Ongoing Subscription.

Your SalesPop subscription, which may start with a free trial, will continue month-to-month or year-to-year unless and until you cancel your subscription or we terminate it. You agree to pay the price for the subscription or service as per the pricing schedule indicated on the Website. Our billing is handled by Shopify on behalf of all merchants. The payment process will be governed by Shopify terms and conditions available at https://www.shopify.in/partners/app-store-terms. Your subscription will commence on the day that you enter into this agreement by making a valid payment for the subscription on the Shopify Website and shall continue to remain in force unless terminated in accordance with these Terms. You must cancel your subscription before it renews each month in order to avoid billing the next month's subscription fees to your Payment Method.

Free Trials

Your SalesPop subscription may start with a free trial. The free trial period of your membership lasts for 7 days or as otherwise specified during sign-up. For combinations with other offers, restrictions may apply. SalesPop reserves the right, in its absolute discretion, to determine your free trial eligibility. Our billing is handled by Shopify on behalf of all merchants. The payment process will be governed by Shopify terms and conditions available at https://www.shopify.in/partners/app-store-terms. Your subscription will commence on the day that you enter into this agreement by making a valid payment for the subscription on the Shopify Website and shall continue to remain in force unless terminated in accordance with these Terms. You will not receive a notice from us that your free trial period has ended or that the paying portion of your subscription has begun. You must cancel your subscription before it renews each month in order to avoid billing the next month's subscription fees to your Payment Method. If you are unable to find them, contact us immediately at support@salespop.com. We will continue to bill your Payment Method on a monthly or yearly basis for your subscription fee until you cancel.

Price Changes.

We reserve the right to adjust pricing for our service or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in these Terms of Service, any price changes to your service will take effect following email notice to you.

Billing Cycle.

The subscription fee for our service will be billed at the beginning of the paying portion of your subscription and each month thereafter unless and until you cancel your subscription. Our billing is handled by Shopify on behalf of all merchants. Shopify will automatically bill your Payment Method each month or year on the calendar day corresponding to the commencement of your paying subscription. The payment process will be governed by Shopify terms and conditions available at https://www.shopify.in/partners/app-store-terms.

Refunds.

WE APPROVE REFUNDS FOR CHARGES NO OLDER THAN 3 DAYS. Following any cancellation, however, you will continue to have access to the service through the end of your current billing period. At any time and for any reason, we may provide a refund, discount, or other consideration to some or all of our members. The amount and form of such credits and the decision to provide them are at our sole and absolute discretion.

Cancellation.

You may cancel your SalesPop membership at any time, and you will continue to have access to the SalesPop subscription service through the end of your monthly or yearly billing period. To cancel, you must reach out to support@salespop.com. Alternatively, uninstalling the app from your Shopify store app section will automatically cancel the subscription. Any charges created before removing the app will have to be paid.

Privacy

Our Privacy Policy, located at https://salespop.com/privacy-policy, or such other URL as we may provide from time to time (the “Privacy Policy”) describes the collection, use, and sharing of certain information that may be provided in connection with your use of the Service as well as information that may be provided by users of any website or mobile application owned or operated by you in which the Service is integrated (an “Integrated Website”). By using the Service, you acknowledge and expressly consent that information submitted or collected through the use of the Service or an Integrated Website will be processed and used in accordance with the Privacy Policy and these Terms and may be processed in a country where it was collected, as well as in countries where privacy laws may be less stringent, including the United States. To the extent personal information is provided about a named person or entity through the use of the Service or an Integrated Website, you represent that you have obtained the necessary consents of the respective data subjects under all applicable laws for the use of such data in accordance with these Terms and the Privacy Policy and warrant that you will not submit or permit any information to be submitted through the Service or an Integrated Website without such consent.

Ownership and Data

Subject to the limited rights expressly granted hereunder, we reserve all of our rights, title, and interest in and to the Service, including all of our related intellectual property rights. No rights are granted to you hereunder other than as expressly set forth herein. You hereby grant us the right to use all data, information, materials, or other content uploaded, submitted, posted, transferred, transmitted, or otherwise provided or made available to us through the Service or an Integrated Website (collectively, “Your Data”) in order to: (a) provide the Service, including usage reports and statistics related to use of the Integrated Website, (b) prevent or address service or technical problems, or (c) as may be required by law. By using the Service, you acknowledge and agree that we may use Your Data in an anonymized, de-identified manner for marketing, survey or statistical purposes, setting benchmarks, feature suggestions, Service utilization analyses, Integrated Website utilization analyses, and related purposes, including, without limitation, the sharing of such anonymized data with third parties or the creation of reports that may include Your Data in an anonymous, generic, de-identified format aggregated with other data not constituting Your Data, provided that such reports do not identify you unless otherwise agreed by you in writing.

Indemnification

By using the Service, you agree to indemnify, defend, and hold us and our officers, directors, employees, agents, successors, and assigns harmless from and against any losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs or expenses of whatever kind (including reasonable attorneys’ fees) incurred in connection with, arising out of or related to (a) any data provided by you or through your use of the Service or use of an Integrated Website, including any processing of such data by us or on our behalf in accordance with these Terms; (b) any other materials or information (including any documents, data, specifications, software, content or technology) provided by or on behalf of you or your users; or (c) any allegation of facts that, if true, would constitute your breach of any representations, warranties, covenants or obligations under these Terms.

Disclaimer of Warranty

THE SERVICE IS PROVIDED “AS IS,” EXCLUSIVE OF ANY WARRANTY WHATSOEVER. WE DO NOT MAKE ANY WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND WE SPECIFICALLY DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

Limitation of Liability

OUR LIABILITY WITH RESPECT TO ANY SINGLE INCIDENT ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE AMOUNT PAID BY YOU HEREUNDER IN THE 12 MONTHS PRECEDING THE INCIDENT, PROVIDED THAT IN NO EVENT WILL OUR AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES EXCEED THE TOTAL AMOUNT PAID BY YOU HEREUNDER. THE ABOVE LIMITATIONS WILL APPLY WHETHER AN ACTION IS IN CONTRACT OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY. IN NO EVENT WILL WE HAVE ANY LIABILITY TO YOU FOR ANY LOST PROFITS, REVENUES OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, COVER OR PUNITIVE DAMAGES, WHETHER AN ACTION IS IN CONTRACT OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING DISCLAIMER WILL NOT APPLY TO THE EXTENT PROHIBITED BY LAW.

Governing Law

These Terms shall be governed and construed in accordance with the laws of the United States, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have between us regarding the Service.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

Contact Us

If you have any questions about these Terms, please contact us.

Contacting Us

Pop! Commerce, Inc.

1201 W Peachtree St NW Ste 2625#36051Atlanta, GA 30309-3499

For Customers

Customer Service Inquiries | info@salespop.com

‍

‍

‍