Terms of Service

Last updated: December 2024

1. Introduction and Agreement

Welcome to ElitePopup. These Terms of Service ("Terms") govern your access to and use of ElitePopup's website, mobile applications, and services (collectively, the "Service"). By accessing or using ElitePopup, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Service.

ElitePopup reserves the right to modify these Terms at any time. Changes will be effective immediately upon posting to the website. Your continued use of the Service following any changes constitutes your acceptance of the new Terms.

2. Eligibility

To use ElitePopup, you must:

  • Be at least 18 years old or the legal age of majority in your jurisdiction
  • Have the legal authority to enter into this Agreement
  • Not be restricted from using the Service in your country
  • Agree to comply with all applicable laws and regulations
  • Not be a person or entity subject to sanctions or embargoes

If you are using ElitePopup on behalf of a business or organization, you represent and warrant that you have the authority to bind that entity to these Terms.

3. Account Registration and Credentials

Account Creation

To use ElitePopup, you must create an account by providing accurate, current, and complete information. You agree to maintain the confidentiality of your password and account credentials and accept responsibility for all activities that occur under your account.

Your Responsibilities

You are responsible for:

  • Maintaining the confidentiality of your login credentials
  • Notifying us immediately of unauthorized access to your account
  • All activities that occur under your account
  • Ensuring your account information is accurate and up-to-date
  • Complying with all applicable laws in your use of the Service

Account Termination

We may suspend or terminate your account at any time for:

  • Violation of these Terms
  • Illegal activity or use of the Service
  • Non-payment of fees (if applicable)
  • Inactivity for an extended period
  • Any conduct we deem inappropriate

4. Shopify Store Connection

Authorization

When you connect your Shopify store to ElitePopup, you grant us permission to:

  • Access your shop data through Shopify's API
  • Install and manage apps and theme extensions on your store
  • Display popups on your storefront
  • Collect analytics and visitor data from your store
  • Sync campaign and configuration data with Shopify

Compliance with Shopify Terms

Your use of ElitePopup with Shopify is also governed by Shopify's Terms of Service and Acceptable Use Policy. You agree to comply with all Shopify requirements and restrictions. We reserve the right to disconnect your store if we determine that your use violates Shopify's policies.

Scope of Access

ElitePopup requests only necessary read-only access to:

  • Products (to enable product-based targeting)
  • Orders (to enable purchase-based targeting)
  • Discounts (to enable discount-based features)

We do not modify, delete, or otherwise alter any data in your Shopify store without your explicit action.

5. Popup Content and Use

Your Content

You are solely responsible for all content you create, upload, and publish through ElitePopup ("Your Content"). You represent and warrant that:

  • You own or have the right to use all content
  • Your content does not infringe any intellectual property rights
  • Your content does not violate any laws or these Terms
  • Your content is accurate, complete, and not misleading

Prohibited Content

You may not create popups containing:

  • Illegal content or content promoting illegal activity
  • Hate speech, harassment, or discrimination
  • Violence or threats of violence
  • Malware, viruses, or harmful code
  • Misleading or deceptive claims
  • Sexually explicit or adult content
  • Copyright or trademark infringement
  • Unauthorized collection of personal information
  • Spam or unsolicited commercial messages
  • Gambling, lottery, or sweepstakes (without proper disclosures)
  • Counterfeit products or unauthorized goods

Content Moderation

ElitePopup reserves the right to review, remove, or disable any content that violates these Terms or applicable laws. We may also suspend or terminate your account if we find persistent violations.

License Grant

By uploading content to ElitePopup, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, and distribute your content solely for the purpose of operating and improving our Service.

6. Intellectual Property Rights

ElitePopup IP

All content, features, and functionality of ElitePopup (including but not limited to software, source code, design, logos, and trademarks) are the exclusive property of ElitePopup or our licensors and are protected by copyright, trademark, and other intellectual property laws.

Your IP

You retain all ownership rights to Your Content. By using ElitePopup, you grant us only the limited license necessary to provide the Service, as described in these Terms.

Restrictions

You may not:

  • Copy, modify, or create derivative works of ElitePopup
  • Reverse engineer or attempt to decompile the Service
  • Remove or alter any intellectual property notices
  • Use the Service for competitive purposes
  • Sell, resell, or sublicense the Service

7. Acceptable Use Policy

Prohibited Activities

You agree not to use ElitePopup for:

  • Any illegal purpose or in violation of any laws
  • Harassment, abuse, or threatening behavior toward others
  • Sending spam, phishing, or unsolicited communications
  • Attempting to gain unauthorized access to our systems
  • Distributing viruses, malware, or harmful code
  • Interfering with or disrupting the Service
  • Violating Shopify's policies or terms
  • Collecting data without proper consent or authorization
  • Creating fake or misleading accounts
  • Scraping or automated data collection without permission

Monitoring

We reserve the right to monitor usage for compliance with these Terms. We may investigate any reported violations and take appropriate action, including account suspension or termination.

8. Privacy and Data Protection

Privacy Policy

Your use of ElitePopup is also governed by our Privacy Policy. Please review our Privacy Policy to understand our data collection and use practices. Both documents apply to your use of the Service.

Data Processing Agreement

For users subject to GDPR or other data protection laws, we are prepared to execute a Data Processing Agreement (DPA) if required. Please contact us at legal@elitepopup.com to request a DPA.

Your Responsibility for Visitor Data

You are responsible for:

  • Obtaining proper consent for collecting visitor data through popups
  • Providing required disclosures to your store visitors
  • Complying with GDPR, CCPA, and other privacy laws
  • Protecting the privacy of your store visitors
  • Having a valid privacy policy for your store

9. Fees and Payment

Pricing

ElitePopup offers various pricing tiers. Pricing is displayed on our website and pricing page. We reserve the right to change pricing with 30 days notice.

Billing

If you select a paid plan:

  • You authorize us to charge your payment method
  • Billing occurs at the frequency you select (monthly, annual, etc.)
  • You are responsible for maintaining valid payment information
  • Charges are non-refundable except as specified in our Refund Policy

Failed Payments

If payment fails, we will attempt to collect the payment using your backup payment method. If payment ultimately fails, we may suspend or terminate your account after providing notice.

Taxes

You are responsible for paying any applicable sales, VAT, GST, or other taxes. We will calculate and charge taxes as required by law.

10. Refund Policy

Refunds

Please refer to our separate Refund Policy for detailed information about refunds and cancellations. Our refund policy is incorporated by reference into these Terms.

11. Disclaimers and Warranties

AS-IS Service

ElitePopup is provided "AS IS" and "AS AVAILABLE" without warranties of any kind. We disclaim all warranties, express or implied, including:

  • Merchantability or fitness for a particular purpose
  • Non-infringement of intellectual property rights
  • Accuracy, completeness, or reliability of the Service
  • Uninterrupted, error-free, or secure operation

No Guarantee of Results

We do not guarantee that ElitePopup will increase conversions, sales, or visitor engagement. Results depend on many factors beyond our control, including your popup design, targeting, and visitor behavior.

Third-Party Services

ElitePopup relies on third-party services (Shopify, Cloudflare, Gadget, etc.). We are not responsible for service interruptions, outages, or failures caused by these third parties.

12. Limitation of Liability

Cap on Liability

To the maximum extent permitted by law, in no event shall ElitePopup, its officers, directors, or employees be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to damages for loss of profits, revenue, data, or business opportunity.

Direct Damages Limit

Our total liability for direct damages shall not exceed the amount you paid to ElitePopup in the 12 months preceding the claim, or $100, whichever is greater.

Exceptions

This limitation does not apply to:

  • Gross negligence or willful misconduct
  • Claims for which liability cannot be limited by law
  • Infringement of intellectual property rights

13. Indemnification

Your Obligation

You agree to indemnify, defend, and hold harmless ElitePopup and its officers, directors, employees, and agents from any claims, damages, losses, and expenses (including attorneys' fees) arising from or relating to:

  • Your use of the Service
  • Your content or breach of these Terms
  • Your violation of applicable laws
  • Third-party claims related to your popups or campaigns
  • Your infringement of intellectual property rights

14. Termination

Termination for Cause

We may terminate or suspend your account immediately if we determine that you:

  • Violate these Terms
  • Engage in illegal activity
  • Violate Shopify's policies
  • Pose a security or operational risk
  • Fail to pay applicable fees

Termination for Convenience

You may terminate your account at any time by following the account deletion process in your account settings. We may also terminate your account for any reason with 30 days notice.

Effect of Termination

Upon termination:

  • Your access to the Service is immediately revoked
  • Your popups will cease to display
  • Any unpaid fees become immediately due
  • Your content and data may be deleted (except as required by law)
  • Certain provisions of these Terms survive termination

15. Modifications to the Service

Right to Change

We reserve the right to modify, update, or discontinue the Service at any time. We will provide notice of material changes when possible, but we are not obligated to maintain any specific features.

Beta Features

Some features may be marked as "beta," "experimental," or "preview." These features are provided "AS-IS" and may change or be discontinued without notice. We do not guarantee the stability or continued availability of beta features.

16. Service Availability

No Uptime Guarantee

While we strive to maintain high availability, we do not guarantee uninterrupted service. The Service may be unavailable due to:

  • Scheduled maintenance
  • System failures or technical issues
  • Third-party service outages
  • Internet connectivity issues
  • Acts of God or force majeure

Maintenance

We may perform maintenance that temporarily disrupts the Service. We will attempt to provide notice when possible.

17. Governing Law and Jurisdiction

Applicable Law

These Terms are governed by and construed in accordance with the laws of [Your Jurisdiction], without regard to its conflict of law principles.

Jurisdiction

You irrevocably consent to the exclusive jurisdiction of the courts located in [Your Jurisdiction] for any legal action or dispute arising from these Terms or your use of ElitePopup.

Arbitration (if applicable)

[Include if applicable: Certain disputes may be resolved through arbitration rather than litigation.]

18. Dispute Resolution

Informal Resolution

Before initiating formal legal proceedings, please contact us at legal@elitepopup.com to attempt informal resolution of any dispute.

Notice Requirement

Any claim must be brought within one year of the event giving rise to the claim, or it is forever barred.

19. Severability

Invalid Provisions

If any provision of these Terms is found to be invalid or unenforceable, that provision shall be modified to the minimum extent necessary to make it valid, or if not possible, severed. The remaining provisions shall remain in full force and effect.

20. Entire Agreement

Complete Terms

These Terms, together with our Privacy Policy and Refund Policy, constitute the entire agreement between you and ElitePopup regarding your use of the Service and supersede all prior understandings and agreements.

Amendments

These Terms may only be amended by written agreement signed by ElitePopup. If we make changes to these Terms, your continued use constitutes acceptance.

21. Contact Information

Questions About These Terms?

Email: contact@elitecart.app

Website: www.elitepopup.com

22. Acknowledgment

By accessing and using ElitePopup, you acknowledge that you have read these Terms of Service, understand them, and agree to be bound by them. If you do not agree with any part of these Terms, you must discontinue use of the Service immediately.

Thank you for using ElitePopup. We're excited to help you create engaging popups for your Shopify store!