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Last Update: April, 2024
Welcome to Popupsmart Inc (“Company”, “we”, “our”, “us”)! As you have just clicked our Terms of Service, please pause, grab a cup of coffee and carefully read the following pages. It will take you approximately 20 minutes.
These Terms of Service (“Terms”, “Terms of Service”) govern your use of our web pages located at https://popupsmart.com operated by Popupsmart Inc.
Our Privacy Policy also governs your use of our Service and explains how we collect, safeguard and disclose information that results from your use of our web pages. Please read it here https://popupsmart.com/privacy-policy.
Your agreement with us includes these Terms and our Privacy Policy (“Agreements”). You acknowledge that you have read and understood Agreements, and agree to be bound of them.
If you do not agree with (or cannot comply with) Agreements, then you may not use the Service, but please let us know by emailing at [email protected] so we can try to find a solution. These Terms apply to all visitors, users and others who wish to access or use Service.
Thank you for being responsible.
By creating an Account on our Service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or by emailing at.
Popupsmart offers a variety of subscriptions. Subscriptions are available on either monthly, annual pre-paid, lifetime, refundable and non-refundable contracts.
All contracts will automatically start again from the same term using the payment method on file unless you change or put an end to the service. If you are not using the service, we will not consider it as an end of the service.
All upgrades are effective instantly, while downgrades are effective as of the next renewal date. To stop the service, please send an email to [email protected]
Price is based on the total available amount of website visitor number and total email sending count in the selected pricing plan, notwithstanding if any Popupsmart is active during the period of the subscription. Popupsmart may change its fee structure and/or provide an upgrade at any time with a 14 days announcement, in which case new rates will be in effect as of the next renewal period.
All of our users have the right to request a full refund within 7 days of a monthly subscription and within 15 days of an annual subscription without any explanation. All refunds are issued to the method of original payment. Please be aware that Popupsmart does not offer any refunds for payments made during discount or campaign periods. To request a refund, please get in touch with the Customer Support Team at [email protected]. In other cases, Popupsmart does not provide any refund.
In the event that you cancel your subscription, you shall receive no refund or exchange for any unused time on a subscription, any license or subscription fees for any portion of the service, any content or data associated with your account, or anything else.
All paid subscriptions will automatically renew for the same term, monthly or annually, using the payment method on file unless you change or discontinue the Service. If you are not using the service, we will not consider it as a discontinuance of the Service. To discontinue the Service, please notify the Popupsmart customer team at [email protected] or downgrade your account on the Popupsmart dashboard.
If you wish to purchase any product or service made available through Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.
We may employ the use of third party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.
We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.
We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.
Any contests, sweepstakes or other promotions (collectively, “Promotions”) made available through Service may be governed by rules that are separate from these Terms of Service. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms of Service, Promotion rules will apply.
Some parts of Service are billed on a subscription basis (“Subscription(s)”). You will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing cycles are set on a monthly basis.
At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or Popupsmart Inc cancels it. You may cancel your Subscription renewal either through your online account management page or by contacting Popupsmart Inc customer support team.
A valid payment method, including credit card, is required to process the payment for your subscription. You shall provide Popupsmart Inc with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize Popupsmart Inc to charge all Subscription fees incurred through your account to any such payment instruments.
Should automatic billing fail to occur for any reason, Popupsmart Inc will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.
Popupsmart is a powerful conversion optimization tool powered by Popupsmart Inc., a company dedicated to providing innovative and high-quality products to its customers.
Popupsmart offers a flexible pricing structure with a lifetime deal plan for a campaign period or always on. This lifetime deal is a one-time and smart investment that will provide you with access to all of campaigns, features and capabilities for the lifetime of the product within the limits of your package you purchased.
At Popupsmart Inc., we believe in the power of innovation and development to drive success. That's why we are committed to continually developing Popupsmart, ensuring that it remains a valuable resource for years to come.
As long as we are in operation, we will continue to maintain and improve popupsmart.com, providing its customers with the support and resources they need to succeed.
We are proud to offer our customers cutting-edge technology, expert support, and a commitment to innovation for a lifetime.
There are some points you have to know about lifetime deal:
Our Lifetime Deal offer is a special, limited-time offer that allows you to purchase both Popupsmart for lifetime with one-time-purchase. You can use Popupsmart with all of features included in regular package. Lifetime memberships are purchased as a new package. It works independently of downgrade and upgrade operations. All limits within the scope of the package will apply after the purchase is made. For example, the 50k pageview and 1000 email sending quota valid for the basic package will be available for use every month.
There is no right to upgrade or downgrade in Lifetime deals. However, you can purchase 500k pageviews or 10,000 e-mails in addition to your usage by contacting us. For example, you bought a lifetime pro package. Then you wanted to buy an extra 500k pageview package. In this case, you can define an additional package for 59 USD/month or 590USD/year. Auto-extend invoices are not included to lifetime deal price. Auto-extend invoices are extra to pay.
*The numbers here are written as examples. Package quotas and fees may vary.
For Lifetime deals, no upgrades or downgrades are made after 15 days. You can get a full refund within 15 days.
You can use Popupsmart for life as long as Popupsmart Inc. exists or your account has not been inactive in the last 24 months. If your account has not been active in a day of last 24 months, your account is terminated without explanation.
You can also benefit from this campaign if you have an active monthly or annual membership. If you are a monthly member, your account will be downgraded and a lifetime membership will be defined. If you are an annual member, your account will be downgraded and the remaining annual usage will be refunded. It is assigned to your Lifetime membership account.
Popupsmart does not guarantee the service will be operable at all times or during any downtime, including but not limited to Internet Service Provider (ISP) outages, equipment failures, scheduled maintenance or force major.
Popupsmart has developed an auto-extend feature to ensure that campaign usage does not stop when the package is exceeded. This feature is made available when the first membership is created. After creating a membership, a warning e-mail is sent to the user. The user has the right to turn this feature off and on and can do this from her/his own panel.
Pricing in cases of overage may vary, it is the user's responsibility to follow this and manage the off/on status of the usage status. If the user does not pay the auto-extend bill, s/he cannot use this feature anymore.
For detailed information, see How Billing Works.
Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for Content that you post on or through Service, including its legality, reliability, and appropriateness.
By posting Content on or through Service, You represent and warrant that: (i) Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright.
You retain any and all of your rights to any Content you submit, post or display on or through Service and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third party posts on or through Service. However, by posting Content using Service you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through Service. You agree that this license includes the right for us to make your Content available to other users of Service, who may also use your Content subject to these Terms.
Popupsmart Inc has the right but not the obligation to monitor and edit all Content provided by users.
In addition, Content found on or through this Service are the property of Popupsmart Inc or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.
To register for the Service, you must complete the registration process by providing Popupsmart with accurate information as required on the registration form.
You are entirely responsible for any use and activities that happen on your account.
You are responsible for the protection of the confidentiality of your password(s) and username(s) issued to you and for any use or misuse of your account resulting from any third-party using a password or user name granted to you.
You agree to immediately notify Popupsmart of any unauthorized use of your account or any other violation of security to you.
You agree to let Popupsmart use your business’ logo in the customer list, at other places on its website and as part of a general list of Popupsmart’s customers for use and reference in corporate, promotional and marketing material.
You may use Service only for lawful purposes and in accordance with Terms. You agree not to use Service:
1. In any way that violates any applicable national or international law or regulation.
2. For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content or otherwise.
3. To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter,” “spam,” or any other similar solicitation.
4. To impersonate or attempt to impersonate Company, a Company employee, another user, or any other person or entity.
5. In any way that infringes upon the rights of others, or in any way is illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.
6. To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of Service, or which, as determined by us, may harm or offend Company or users of Service or expose them to liability.
Additionally, you agree not to:
1. Use Service in any manner that could disable, overburden, damage, or impair Service or interfere with any other party’s use of Service, including their ability to engage in real time activities through Service.
2. Use any robot, spider, or other automatic device, process, or means to access Service for any purpose, including monitoring or copying any of the material on Service.
3. Use any manual process to monitor or copy any of the material on Service or for any other unauthorized purpose without our prior written consent.
4. Use any device, software, or routine that interferes with the proper working of Service.
5. Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful.
6. Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of Service, the server on which Service is stored, or any server, computer, or database connected to Service.
7. Attack Service via a denial-of-service attack or a distributed denial-of-service attack.
8. Take any action that may damage or falsify Company rating.
9. Otherwise attempt to interfere with the proper working of Service.
We may use third-party Service Providers to monitor and analyze the use of our Service.
Google Analytics
Google Analytics is a web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of our Service. This data is shared with other Google services. Google may use the collected data to contextualise and personalise the ads of its own advertising network.
For more information on the privacy practices of Google, please visit the Google Privacy Terms web page: https://policies.google.com/privacy?hl=en
We also encourage you to review the Google's policy for safeguarding your data: https://support.google.com/analytics/answer/6004245.
Service is intended only for access and use by individuals at least eighteen (18) years old. By accessing or using any of Company, you warrant and represent that you are at least eighteen (18) years of age and with the full authority, right, and capacity to enter into this agreement and abide by all of the terms and conditions of Terms. If you are not at least eighteen (18) years old, you are prohibited from both the access and usage of Service.
When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on Service.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.
We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.
If you wish to terminate this agreement or your service, you may simply stop using the Service. However, although this agreement may be terminated between the Service and you, some provisions of this agreement shall still be in effect, including, without limitation, warranty disclaimers, indemnity, limitations of liability and proprietary rights.
Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of Popupsmart Inc and its licensors. Service is protected by copyright, trademark, and other laws of the United States. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Popupsmart Inc.
We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on Service infringes on the copyright or other intellectual property rights (“Infringement”) of any person or entity.
If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to [email protected], with the subject line: “Copyright Infringement” and include in your claim a detailed description of the alleged Infringement as detailed below, under “DMCA Notice and Procedure for Copyright Infringement Claims”
You may be held accountable for damages (including costs and attorneys' fees) for misrepresentation or bad-faith claims on the infringement of any Content found on and/or through Service on your copyright.
You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright's interest;
2. a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
3. identification of the URL or other specific location on Service where the material that you claim is infringing is located;
4. your address, telephone number, and email address;
5. a 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;
6. 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.
You can contact our Copyright Agent via email at [email protected]
You may provide us either directly at [email protected] or via third party sites and tools with information and feedback concerning errors, suggestions for improvements, ideas, problems, complaints, and other matters related to our Service (“Feedback”). You acknowledge and agree that: (i) you shall not retain, acquire or assert any intellectual property right or other right, title or interest in or to the Feedback; (ii) Company may have development ideas similar to the Feedback; (iii) Feedback does not contain confidential information or proprietary information from you or any third party; and (iv) Company is not under any obligation of confidentiality with respect to the Feedback. In the event the transfer of the ownership to the Feedback is not possible due to applicable mandatory laws, you grant Company and its affiliates an exclusive, transferable, irrevocable, free-of-charge, sub-licensable, unlimited and perpetual right to use (including copy, modify, create derivative works, publish, distribute and commercialize) Feedback in any manner and for any purpose.
The third party sites and tools mentioned above include the following:
Bugsnag
Bugsnag is a platform for monitoring and logging stability of applications provided by Bugsnag Inc. Please read their Privacy Policy here: https://smartbear.com/privacy/
Our Service may contain links to third party web sites or services that are not owned or controlled by Popupsmart Inc.
Popupsmart Inc. has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
Popupsmart is entitled to assign and/or transfer any of its rights or obligations under the agreement to any third party. Popupsmart shall notify you of such transfer. The relationship between Popupsmart and you is not one of a legal partnership relationship but is one of the independent contractors.
You acknowledge and agree that Popupsmart Inc. shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.
We strongly advise you to read the terms of service and privacy policies of any third party web sites or services that you visit.
These services are provided by company on an “as is” and “as available” basis. Company makes no representations or warranties of any kind, express or implied, as to the operation of their services, or the information, content or materials included therein. You expressly agree that your use of these services, their content, and any services or items obtained from us is at your sole risk.
Neither company nor any person associated with company makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy, or availability of the services. Without limiting the foregoing, neither company nor anyone associated with company represents or warrants that the services, their content, or any services or items obtained through the services will be accurate, reliable, error-free, or uninterrupted, that defects will be corrected, that the services or the server that makes it available are free of viruses or other harmful components or that the services or any services or items obtained through the services will otherwise meet your needs or expectations.
Company hereby disclaims all warranties of any kind, whether express or implied, statutory, or otherwise, including but not limited to any warranties of merchantability, non-infringement, and fitness for particular purpose.
The foregoing does not affect any warranties which cannot be excluded or limited under applicable law.
Except as prohibited by law, you will hold us and our officers, directors, employees, and agents harmless for any indirect, punitive, special, incidental, or consequential damage, however it arises (including attorneys' fees and all related costs and expenses of litigation and arbitration, or at trial or on appeal, if any, whether or not litigation or arbitration is instituted), whether in an action of contract, negligence, or other tortious action, or arising out of or in connection with this agreement, including without limitation any claim for personal injury or property damage, arising from this agreement and any violation by you of any federal, state, or local laws, statutes, rules, or regulations, even if company has been previously advised of the possibility of such damage. Except as prohibited by law, if there is liability found on the part of company, it will be limited to the amount paid for the products and/or services, and under no circumstances will there be consequential or punitive damages. some states do not allow the exclusion or limitation of punitive, incidental or consequential damages, so the prior limitation or exclusion may not apply to you.
We may terminate or suspend your account and bar access to Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of Terms.
If you wish to terminate your account, you may simply discontinue using Service.
All provisions of Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
These terms and the relationship between you and Popupsmart shall be governed by the laws of the Delaware / USA as applied to agreements made, entered into, and performed entirely in United States’ residents, notwithstanding your actual place of residence. All lawsuits arising from or relating to these terms or your use of the Popupsmart Service shall be brought in the Federal or State courts located in the United States, and you hereby irrevocably submit to the exclusive personal jurisdiction of such courts for such purpose.
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 had between us regarding Service.
These terms constitute the entire and exclusive and final statement of the agreement between you and Popupsmart for the subject matter hereof and supersede any prior agreements or negotiations between you and Popupsmart.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Popupsmart Services or these terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in these terms are for convenience only and have no legal or contractual effect.
All terms, as well as any limitations on liability explicitly set forth herein, shall remain in full force and effect notwithstanding any termination of your use of the Popupsmart Service.
We reserve the right to withdraw or amend our Service, and any service or material we provide via Service, in our sole discretion without notice. We will not be liable if for any reason all or any part of Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts of Service, or the entire Service, to users, including registered users.
We may amend Terms at any time by posting the amended terms on this site. It is your responsibility to review these Terms periodically.
Your continued use of the Platform following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use Service.
No waiver by Company of any term or condition set forth in Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Company to assert a right or provision under Terms shall not constitute a waiver of such right or provision.
If any provision of Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of Terms will continue in full force and effect.
By using service or other services provided by us, you acknowledge that you have read these terms of service and agree to be bound by them.
Please send your feedback, comments, requests for technical support:
By email: [email protected]