- Home
- Terms of use
Last Update: 12/18/2025
Welcome to Popupsmart Inc (“Company”, “we”, “our”, “us”)! Please take a moment to carefully read these Terms of Service, as they govern your access to and use of the Service and contain important information about your rights and obligations.
These Terms of Use (“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 us at [email protected].
Popupsmart offers a variety of subscriptions. Popupsmart offers paid plans that may be billed monthly or annually, and we may also offer limited-time lifetime plans. Plan features, limits, and prices are described on our pricing page or at checkout.
Auto-Renewal. Paid subscriptions automatically renew for the same billing term (monthly or annually) unless you cancel before the renewal date. By subscribing, you authorize us to charge the payment method on file at each renewal.
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]
Pricing and Usage Limits. Plan prices and limits may be based on factors such as pageviews/visitors and email sending volume, as described on our pricing page or at checkout. Your subscription fees are owed for the full billing period regardless of actual usage.
Refunds. You may request a full refund within seven (7) days of a monthly subscription purchase and within fifteen (15) days of an annual subscription purchase. Refund eligibility exclusions (including non-refundable purchases or promotional/discounted offers) will be clearly disclosed at checkout, on the order confirmation, or in the applicable offer terms. Refund requests must be submitted from the email address associated with the account. Approved refunds are issued to the original payment method. We may deny refunds in cases of suspected fraud, abuse, chargebacks, or material violations of these Terms, to the extent permitted by law.
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. Cancellation. Canceling stops future renewals and becomes effective at the end of the then-current billing period unless otherwise stated. Not using the Service does not automatically cancel your subscription. 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.
If a payment is reversed, charged back, or otherwise disputed, we may suspend access to the Service until the issue is resolved. You are responsible for any fees or costs incurred by Popupsmart as a result of chargebacks or payment disputes to the extent permitted by law.
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 as long as Popupsmart Inc remains in operation and the product is offered, subject to the limits of the package 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.
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 as long as Popupsmart Inc. remains in operation and your account remains in good standing. For purposes of Lifetime Deal accounts, “good standing” means your account is not suspended for non-payment, chargebacks, fraud, abuse, or material violations of these Terms. We may close or deactivate a Lifetime Deal account if there has been no login or product usage for twenty-four (24) consecutive months. Where reasonably practicable, we will provide at least thirty (30) days’ notice to the email address associated with your account before such deactivation. If your Lifetime Deal account is deactivated due to inactivity, you may contact support to request reactivation. Reactivation may require verification of account ownership and may be subject to technical limitations (for example, if the account data has been deleted as described in our retention practices).
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 majeure.
Service Availability. We strive to keep the Service available, but we do not guarantee uninterrupted or error-free operation. The Service may be unavailable due to maintenance, upgrades, internet or hosting issues, third-party service interruptions, or events outside our reasonable control.
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 their 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, they may no longer be able to use this feature.”
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.
Customer Data. As between you and Popupsmart, you own and control the data you or your end users submit to the Service, including leads, form submissions, and related campaign data (“Customer Data”). We process Customer Data only to provide, maintain, and improve the Service, and as otherwise described in our Privacy Policy and any applicable data processing terms (which may be provided separately). You are responsible for providing any required notices to, and obtaining any required consents from, your end users for your collection and use of Customer Data.
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 opt out of this permission at any time by emailing [email protected], and we will stop using your logo within a reasonable time.
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 (GA4)
Google Analytics (GA4) 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 who are at least eighteen (18) years old. By accessing or using the Service, you represent and warrant that you are at least eighteen (18) and have the full authority, right, and capacity to enter into and comply with these Terms. If you are not at least eighteen (18) years old, you are prohibited from accessing or using the 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 your account, you must cancel your subscription and/or close your account by contacting support. 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.
Indemnification. To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless Popupsmart Inc, and its officers, directors, employees, and agents, from and against any and all claims, actions, demands, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or relating to: (a) your access to or use of the Service; (b) your Content or Customer Data, and any campaigns, popups, forms, or materials you create, publish, or distribute through the Service; (c) your violation of these Terms or applicable law; or (d) your infringement or alleged infringement of any third-party rights (including intellectual property, privacy, publicity, or data protection rights).
Popupsmart reserves the right, at your expense, to assume the exclusive defense and control of any matter subject to indemnification, and you agree to cooperate with our defense of such claims. You will not settle any indemnified claim without our prior written consent, which will not be unreasonably withheld.
We may suspend or terminate your access to the Service, in whole or in part, immediately, if we reasonably believe that: (a) you have violated these Terms; (b) your use of the Service creates a security risk, legal risk, or service disruption; (c) there is suspected fraud, abuse, excessive chargebacks, or other misuse; or (d) payment is overdue or has failed. Where reasonably practicable, we will provide notice prior to such suspension or termination, but we may act without notice where immediate action is required to protect the Service, Popupsmart, or third parties.
If you wish to terminate your account, you must cancel your subscription and/or close your account through your Popupsmart dashboard or by contacting support at [email protected]. Merely discontinuing use of the Service does not terminate your account or relieve you of any payment obligations incurred prior to termination.
Upon termination or expiration of your account, your right to access and use the Service will immediately cease. We may delete or anonymize your data in accordance with our Privacy Policy, except where retention is required by law, for legitimate business purposes, or to resolve disputes or enforce our agreements.
All provisions of these Terms which by their nature should survive termination shall survive, including, without limitation, ownership provisions, warranty disclaimers, indemnification obligations, limitations of liability, and governing law.
These Terms and any dispute arising out of or relating to these Terms or the Service will be governed by the laws of the State of Delaware, United States, without regard to its conflict of laws principles. You agree that any legal action or proceeding arising out of or relating to these Terms or the Service shall be brought exclusively in the state or federal courts located in Delaware, and you hereby consent to the personal jurisdiction of such courts.
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.
27.1 Program Overview Popupsmart may, from time to time, offer an affiliate and/or referral partner program (“Affiliate Program”) that allows eligible users (“Affiliate Partners”, “Affiliates”) to promote Popupsmart and earn commissions for qualifying referrals. Participation in the Affiliate Program is voluntary and subject to these Terms of Use, together with any additional terms, guidelines, or policies we provide on our website or inside your Affiliate dashboard (collectively, “Affiliate Terms”). In the event of any conflict between marketing materials and the Affiliate Terms, the Affiliate Terms will control.
27.2 Eligibility To participate in the Affiliate Program, you must: (a) be at least eighteen (18) years old; (b) have a valid Popupsmart account in good standing; (c) comply at all times with these Terms of Use, the Affiliate Terms, and all applicable laws and regulations; and (d) be approved by Popupsmart, in its sole discretion.
We reserve the right to reject or revoke any application or participation in the Affiliate Program for any reason, at any time.
27.3 Affiliate Links and Promotion As an Affiliate, you will receive a unique referral or affiliate link (“Affiliate Link”) to promote Popupsmart. You are responsible for ensuring that your Affiliate Link is correctly implemented in your content.
You agree that you will not:
(a) use your Affiliate Link in any way that is misleading, deceptive, or confusing;
(b) misrepresent yourself as an employee, agent, or representative of Popupsmart (you may describe yourself only as an “Affiliate Partner” or similar, if permitted by the Affiliate Terms);
(c) use your Affiliate Link in a way that suggests Popupsmart is running a public or site-wide sale, discount, or promotion beyond the Affiliate Program;
(d) promote your Affiliate Link via unsolicited commercial email (“spam”) or similar abusive practices; or
(e) post or distribute your Affiliate Link on coupon, deal, or discount sites, or run paid advertisements (including but not limited to search engine ads, social media ads, or display ads) that include your Affiliate Link or bid on Popupsmart brand names or trademarks, unless we have provided prior written consent.
Popupsmart may specify additional promotional guidelines or restrictions in your Affiliate dashboard or in separate communications, which are hereby incorporated into these Terms.
27.4 Qualified Referrals A “Qualified Referral” is a new Popupsmart customer who: (a) accesses our website through your valid Affiliate Link; (b) creates a Popupsmart account; (c) subscribes to a paid plan (Basic, Advanced, Pro, Expert, or other eligible plan as we may designate from time to time); and (d) is not an existing Popupsmart customer, does not already have an account with us, and has not previously been referred by another Affiliate.
The following do not count as Qualified Referrals: (a) self-referrals (you may not use your own Affiliate Link for your own accounts, or for accounts you control); (b) referrals from multiple accounts created by the same person or entity, or accounts created using false, incomplete, or misleading information; (c) referrals that are subsequently refunded, charged back, or identified as fraudulent or abusive; and (d) referrals where tracking has been prevented or interfered with by ad blockers, cookie restrictions, or technical limitations beyond Popupsmart’s control.
Popupsmart’s determination as to whether a referral is a Qualified Referral is final and binding.
27.5 Commission and Discounts
(a) Commission for Affiliate Partners
For each Qualified Referral, and subject to these Terms, you will earn a commission equal to thirty percent (30%) of the net subscription fees actually received by Popupsmart from such referred customer, excluding any taxes, fees, chargebacks, discounts, credits, or refunds.
Commission may apply to monthly and/or annual subscription fees for as long as the referred customer remains an active paid subscriber, or as otherwise specified in the Affiliate Terms or your Affiliate dashboard. Popupsmart reserves the right to change the commission rate, eligible plans, commission period, and calculation method at any time in accordance with Section 24 (Amendments To Terms) of these Terms of Use.
(b) Discount for Referred Customers
Each Qualified Referral who signs up through your Affiliate Link may receive fifty percent (50%) off the then-current subscription price of their selected paid plan for their first three (3) months of paid service, subject to any limitations or exclusions communicated by Popupsmart from time to time.
This discount:
(i) applies only to eligible paid plans;
(ii) cannot be combined with other promotions, coupons, or discounts unless expressly permitted by Popupsmart; and
(iii) may be modified, suspended, or terminated at any time in accordance with Section 24.
27.6 Tracking and Attribution Popupsmart will use cookies, identifiers, or other tracking technologies to attribute Qualified Referrals to your Affiliate Link. You acknowledge and agree that: (a) tracking is subject to technical limitations and user behavior (e.g., cookie blocking, clearing, or device changes); (b) Popupsmart’s internal tracking and reporting systems are the sole and final source of truth for determining Qualified Referrals and commission amounts; and (c) Popupsmart shall have no liability for commissions that are not tracked or attributed due to any technical issue, user settings, or third-party interference outside our reasonable control.
27.7 Payouts Affiliate commission payouts, including minimum payout thresholds, timing, currency, and available payment methods (such as PayPal or other providers), will be described in your Affiliate dashboard or related documentation, and may be updated from time to time.
You are solely responsible for providing accurate payment details and for any fees, currency conversion costs, taxes, or other charges imposed by your payment provider or by applicable law. Popupsmart may withhold, offset, or delay payouts in cases of suspected fraud, abuse, chargebacks, or account irregularities, or as required by law.
27.8 Taxes You are solely responsible for determining and fulfilling any tax obligations that may arise from your participation in the Affiliate Program, including but not limited to income, self-employment, VAT, sales, or other taxes. Popupsmart may request tax-related information from you and may withhold amounts from your payouts as required by applicable law.
27.9 Prohibited Conduct and Misuse In addition to the prohibited uses in Section 10 above, you agree not to, in connection with the Affiliate Program: (a) generate or attempt to generate referrals or commissions through fraudulent, misleading, or unethical means; (b) use bots, scripts, or automated methods to simulate traffic, clicks, or sign-ups; (c) use domain names, social media handles, or advertising that are confusingly similar to Popupsmart’s brand, trademarks, or domain names; or (d) engage in any conduct that, in Popupsmart’s sole discretion, may damage Popupsmart’s reputation, goodwill, or relationships with customers or partners.
27.10 Term and Termination of Affiliate Participation Popupsmart may suspend or terminate your participation in the Affiliate Program at any time, with or without cause, effective immediately, by providing notice to you (which may be via email or through your account). Without limiting the foregoing, grounds for suspension or termination may include: (a) violation of these Terms of Use or the Affiliate Terms; (b) any form of fraud, abuse, or suspicious activity; or (c) inactivity or non-compliance with program requirements as communicated by Popupsmart.
Upon termination of your participation:
(a) you must immediately cease all use of your Affiliate Link and any Popupsmart trademarks, logos, or promotional materials;
(b) any commissions not yet earned on the effective date of termination may be forfeited, particularly in cases of fraud or breach; and
(c) sections of this Agreement which by their nature should survive termination, including without limitation Sections 19, 20, and 22, shall continue to apply.
27.11 Changes to the Affiliate Program Popupsmart reserves the right to modify, suspend, or discontinue the Affiliate Program, including but not limited to commission rates, discount structures, eligibility criteria, and payout methods, at any time. We may notify you of material changes via email, your account, the Affiliate dashboard, or by posting updated terms on our website. Your continued participation in the Affiliate Program after such changes become effective constitutes your acceptance of the changes.
Please send your feedback, comments, requests for technical support:
By email: [email protected]