Terms of Service
PopNotify
Legal Agreement Governing Your Use of Our Services
Welcome to PopNotify
Welcome to PopNotify, a cloud-based Social Proof app for websites (the "Platform" or "Service"). These Terms of Service (the "Terms") constitute a legally binding agreement between you (the "Customer", "you" or "your") and PopNotify, a technology company (the "Company", "we", "us", "our" etc.), and govern your use of the Company's services which are available via the Platform.
Important Notice
We may change these Terms from time to time, without notifying you. The revised Terms shall become effective as soon as they are posted on our website. It is your responsibility to review these Terms occasionally.
Your use of the Service signifies your understanding and agreement to be bound to these Terms and to comply with the applicable law, rules and regulations. If you do not agree to these Terms, please do not register and use the Service.
Age Restriction
You may not register and use the Service if you are under the age of 13, if you are not qualified to create a binding legal agreement, or if the use of the Service is prohibited by the law applicable to you.
If you are accepting these Terms on behalf of your employer or another entity you are affiliated with (the "Administrator"), you represent and warrant that: (i) you have full legal authority to bind the Administrator to these Terms; and (ii) you agree, on behalf of the party that you represent, to these Terms.
1. The Service
We may change, suspend or discontinue any aspect of the Service, at any time, including the availability of any part of it. We may offer alternative and/or additional services to certain users, that may not be offered to general users. We may also modify, limit, deny or impose limits on certain features and services or restrict access to parts or all of the Service.
Personal Use Only
You agree to use the Service solely for your personal use and may not transfer or resell the Service to any third party.
Privacy Protection
We take privacy and protection of information seriously. Please review our Privacy Policy which is incorporated into these Terms.
We are not responsible for any delays, delivery failures, security failures, or any other loss or damage resulting from the storage or transfer of data over communications networks and facilities, including the internet, and to the performance of any third-party communication or storage provider.
2. Registration
In order to use the Service, you must open an account (the "Account") and register using your e-mail address and creating a unique password.
Account Responsibilities
- Maintain your Account and safeguard your password confidentiality
- Provide current, complete and accurate registration information
- You are solely responsible for any party that uses your Account
- You may not permit any third party to use your Account
3. Subscription and Payments
The Service is provided on a subscription basis and shall automatically renew for additional periods equal to the original initial term specified in your Account, unless either party gives the other notice of non-renewal before the end of the relevant subscription term.
Billing Information
Fees are based on the number of monthly unique visitors. All amounts are payable in advance, on the date of the invoice.
Auto-Renewal
Subscriptions automatically renew unless you provide notice of non-renewal before the term ends.
Usage Limits
If you exceed your plan's visitor limit, the Service may be withdrawn until the next billing cycle.
No Refunds Policy
PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS. Following any cancellation, you will continue to have access to the service through the end of your current billing period.
4. Intellectual Property and License
Subject to these Terms, We grant you a limited, non-transferable, non-exclusive, non-assignable, non-sub-licensable personal license to access and use the Service for non-commercial use, for as long as your Account is active, provided that you are in full compliance with these Terms.
What We Own
All right, title and interest in the Service and the Platform, including all copyrights, trade secrets, and other intellectual property rights shall remain vested in the Company and its licensors.
Graphics & Design
Software & Code
Trademarks
Feedback Policy: If you provide feedback or suggestions regarding the Service, such feedback shall become the property of the Company and may be used at our discretion, without any obligation to you.
5. Third Party Materials
The Service may contain software or other materials provided by third parties (including "open source" software) ("Third Party Materials"). Use of such Third Party Materials shall be governed by the license agreements specific to each such Third Party Material.
Third Party Links & Services
The Service may contain links to other third parties' websites, applications or features. We have no control over them and do not endorse or guarantee satisfaction with such third-party content, products or services.
6. Anonymous Information
We may collect, use and publish Anonymous Information, and disclose it to third party service providers to provide, develop improve and publicize the Service. You hereby grant us full access to such Anonymous Information.
Definition: "Anonymous Information" means information about use of the Service which does not enable identification of an individual, such as aggregated and analytics information about the use of the Service.
7. Customer Data
Some parts of the product may allow the Service to collect information from your customers, website visitors and end-users ("Customer Data").
Your Rights
You own all right, title and interest (including all Intellectual Property Rights) in and to Customer Data.
Our Use
We may analyze and use aggregated/anonymized data derived from Customer Data for service enhancement and marketing.
GDPR Compliance: For Customer Data relating to individuals in the EEA, we process such data in accordance with our Data Processing Agreement (DPA).
8. Client Content
While using the Service, you may provide certain content to us, such as images and texts ("Client Content"). You shall be solely responsible and liable for any Client Content and for any damage or loss resulting therefrom.
Your Responsibilities
- Comply with all applicable laws, regulations and industry guidelines
- You retain ownership of your Client Content
- We only use minimal rights required to facilitate the Service
9. Prohibited Use
You may not, and may not permit or aid others to:
Reverse engineer, decompile, or disassemble the Service
Bypass security measures or access restrictions
Use automated means to access the Service
Impose unreasonable load on our infrastructure
Infringe third party intellectual property rights
Transmit harmful software or malware
Create false identities or impersonate others
Engage in illegal or harmful activities
10. Termination
We may terminate or suspend your license, Account and access to the Service immediately, without prior notice or liability, if you breach any provisions of these Terms.
Suspension Reasons
- Security risk or potential harm to us or third parties
- Breach of these Terms or applicable laws
- Overdue payment obligations
Survival: All provisions that should survive termination (ownership, disclaimers, indemnification, liability limitations) shall remain in full force and effect.
11. Limitation of Liability
IMPORTANT LIABILITY LIMITATIONS
"AS IS" SERVICE: The Service is provided on an "AS IS" and "AS AVAILABLE" basis without warranties of any kind.
NO WARRANTIES: We disclaim all warranties including merchantability, fitness for a particular purpose, and non-infringement.
DAMAGE LIMITATIONS: We shall not be liable for any indirect, incidental, special, or consequential damages.
Liability Cap
TO THE EXTENT PERMITTED BY LAW, our total liability for all claims is limited to the higher of:
• The amount you paid us in the six months preceding the claim, OR
• US$ 25
12. Indemnification
Your use of the Service constitutes your agreement to defend, indemnify, and hold harmless the Company and its affiliated entities, employees, contractors, officers, directors, agents and representatives from any claim or demand arising out of your use or misuse of the Service.
Scope: This indemnification includes claims from your own users and survives termination of your account or use of the Service.
13. Applicable Laws and Jurisdiction
You agree that the laws of the United Kingdom, excluding its conflicts-of-law rules, shall govern these Terms. The Convention on International Sale of Goods will not apply.
Jurisdiction
Exclusive jurisdiction for any claim or dispute resides solely in the competent courts in the United Kingdom.
Local Laws
Your use of the Service may be subject to other local, state, national, and international laws.
14. Force Majeure
We will not have any liability if we are prevented from or delayed in performing the Service by acts, events, omissions or accidents beyond our reasonable control.
Force Majeure Events Include:
- Acts of God
- Strikes, lock-outs
- Utility service failures
- War, civil commotion
- Government orders
- Fire, flood, storm
Termination Right: If a Force Majeure Event prevents service for more than 30 continuous days, you may terminate immediately by written notice.
15. Parties' Relationship
These Terms do not, and shall not be construed, to create a joint venture, agency relationship, employment or partnership between us. These Terms do not confer any rights on any person or party other than you and us.
16. Miscellaneous
Copyright Claims
Report copyright violations immediately when you become aware of them.
Assignment
We may assign these Terms at any time. You may not assign without our written consent.
Additional Provisions
- If any provision is unenforceable, it shall be severed without affecting other provisions
- This constitutes the entire agreement between you and the Company
- You may not modify these Terms
- Printed versions of these Terms are admissible in legal proceedings
Contact Us
For questions about these Terms of Service, correspondence should be sent to:
PopNotify Support
popnotify.io
