Popup Creator Terms of Service
1. Introduction
Welcome to Popup! These Creator Terms of Service ("Terms") are a binding agreement between you
("Creator", "you", or "your") and Popup Moments Inc., a Delaware corporation ("Popup", "we",
"us", or "our") regarding your use of our platform and services (the "Service") to sell products,
events, courses, subscriptions, and other offerings to your audience.
By accessing or using the Service, you agree that you have read, understood, and consent to be bound
by these Terms and our Privacy Policy. If you do not agree with these Terms or our Privacy Policy, you
should not use our Service.
These Terms apply specifically to Creators. If you are an End User purchasing from a Creator, please
refer to our End User Terms of Service.
Popup as Merchant of Record. Popup acts as the Merchant of Record for all transactions made
through the Service. This means Popup collects payments from end users (your customers) on your
behalf, handles invoicing and tax collection where legally required, manages disputes and
chargebacks, and disburses funds to you in accordance with these Terms.
1.1 Definitions
"Creator" means any individual or entity that registers for a Popup Account to sell products, services,
events, courses, subscriptions, or other offerings through the Service.
"Popup Account" or "Creator Account" means the account created by a Creator to access and use
the Service.
"End User" means any person who purchases, registers for, or accesses products, services, Live
Events, or content offered by a Creator through the Service.
"Products" means any digital or physical products, courses, subscriptions, memberships, media, or
other offerings sold by Creators through the Service, including products sold during Live Events.
Products do not include entrance fees or tickets to Live Events.
"Live Events" means live, real-time events hosted by Creators through the Service, including but not
limited to webinars, workshops, Q&A; sessions, masterclasses, and other live broadcasts. Live Events
are governed by entrance fees or ticket sales, which are separate from Products.
"Payout" means the transfer of funds from your Popup Account balance to your designated bank
account or payment method, after deduction of applicable fees.
"Creator Content" means any content, materials, designs, logos, images, videos, text, or other
intellectual property uploaded or provided by the Creator through the Service.
1.2 Our Role
Products, Live Events, courses, and content listed on Popup are created and managed by Creators, not
by Popup. Popup provides the technology platform for managing sales, Live Events, and customer
relationships. Popup is not responsible or liable for:
- Live Event cancellations or rescheduling by the Creator;
- The accuracy of Product, Live Event, or service information provided by the Creator, including
dates, times, connection details, or descriptions;
- The quality, safety, or legality of content, Products, or services provided by Creators;
- Any activities or conduct related to Creator Live Events or offerings.
While Popup processes payments as Merchant of Record, Creators remain solely responsible for
delivering their Products and Live Events, and for the quality and accuracy of their offerings.
End Users should contact the Creator directly for any issues related to their purchases. Creators are
responsible for informing End Users of any relevant terms or policies that apply to their offerings, as
well as for responding to and resolving any disputes with End Users.
2. Eligibility
You must be at least 18 years old or the age of majority in your jurisdiction to use the Service as a
Creator. By agreeing to these Terms, you represent and warrant that:
a) You are at least 18 years old or the age of majority in your jurisdiction;
b) You have not previously been suspended or removed from the Service;
c) Your registration and use of the Service complies with all applicable laws and regulations;
d) You have not been previously terminated or restricted from using payment providers integrated
with Popup (e.g., Stripe).
If you are using the Service on behalf of an entity, organization, or company, you represent and warrant
that you are authorized to accept these Terms on such entity's behalf, and that such entity agrees to be
bound by these Terms.
3. Account Registration
To use the Service, you must register for a Popup account. When you register, you agree to provide
accurate, current, and complete information about yourself or your business. You are responsible for
maintaining the confidentiality of your account credentials and for all activities that occur under your
account.
You must notify us immediately at info@popup.fm if you believe your account has been compromised
or accessed without authorization.
Identity Verification. To receive Payouts, you may be required to complete identity verification and
compliance checks as required by our payment partners. Failure to complete verification may result in
delayed or withheld Payouts.
4. Privacy
Our privacy practices are described in our Privacy Policy, which is incorporated into these Terms by
reference. By using the Service, you acknowledge that Popup will collect, use, and share your personal
information in accordance with the Privacy Policy.
5. Acceptable Use and Prohibited Content
When using the Service, you agree to comply with these Terms, all applicable laws and regulations,
and to maintain a safe, respectful, and legally compliant environment. You must not:
a) Violate any applicable laws or regulations, including those related to intellectual property or
personal rights;
b) Engage in or promote violence, threats, harassment, or discrimination based on race, ethnicity,
gender, sexuality, religion, nationality, or disability;
c) Sexualize minors or promote non-consensual sexual content, sex trafficking, or forced labor;
d) Upload or distribute viruses, malware, phishing links, or other harmful technologies;
e) Impersonate individuals, brands, organizations, or Popup staff, or submit knowingly false,
misleading, or fraudulent information;
f) Spam, scam, or collect sensitive user data without consent;
g) Attempt to gain unauthorized access to Popup systems, reverse-engineer the Service, or use
unauthorized automated tools to interact with the Service.
5.1 Prohibited Products and Services
You may not promote or sell the following through the Service:
a) Pornographic or sexually explicit content intended to arouse;
b) Illegal or regulated substances, including unlicensed sales of drugs, alcohol, or tobacco;
c) Firearms, explosives, or weapons of any kind;
d) Counterfeit or pirated goods, including unauthorized digital access;
e) Multi-level marketing (MLM) programs, pyramid schemes, or deceptive "get-rich-quick" offers;
f) Unlicensed gambling, lotteries, or sweepstakes (unless approved in writing by Popup);
g) Cryptocurrency token sales, investment pitches, or speculative promotions (educational content
about crypto, finance, or trading is allowed, but you must not sell, promote, or endorse specific
coins, platforms, or financial products);
h) Hate speech, medical misinformation, or any content that violates the terms of Popup's payment
partners (e.g., Stripe).
5.2 External Products and Services
You may use Popup to promote and sell external products or services. However, if your activity is
flagged (via user reports, disputes, or suspected fraud), Popup may request verification including proof
of identity, details of the product or service, evidence of fulfillment or delivery, and proof of your right or
authority to sell. Failure to provide verification may result in temporary suspension, removal of the
product, feature restrictions, or account deactivation.
6. Creator Content
You retain complete ownership of all Creator Content you upload to the Service — it's yours, and it
stays yours. By uploading Creator Content, you grant Popup a non-exclusive, worldwide, royalty-free
license to use, copy, display, transmit, distribute, store, and modify your Creator Content solely for the
purpose of operating and providing the Service. This means we can display your content on your
Popup page, deliver it to your customers, and reformat it as needed (e.g., creating thumbnails). We will
never use your content for our own marketing or sell it to third parties.
You are solely responsible for ensuring that you have all necessary rights, licenses, and permissions to
use and distribute your Creator Content. You represent and warrant that your Creator Content does not
infringe any third-party intellectual property rights, privacy rights, or other proprietary rights.
Popup reserves the right to remove, edit, or block any Creator Content that violates these Terms, our
policies, or applicable law, without prior notice.
7. Creator Responsibilities
As a Creator, you are responsible for:
a) Operating your business in compliance with all applicable laws and regulations;
b) Providing accurate descriptions of your Products, Live Events, and services;
c) Setting and honoring prices for your Products and Live Events;
d) Delivering Products, fulfilling orders, providing Live Event access, and delivering membership
benefits to End Users;
e) Providing customer support to End Users regarding your Products and Live Events;
f) Responding to refund requests from End Users in a timely manner;
g) Maintaining accurate and up-to-date account and payment information;
h) Complying with applicable data privacy laws regarding End User data.
8. Fees and Pricing
Popup offers the following pricing tiers:
Free Tier: 9% of each transaction (includes payment processing fees via Stripe). No subscription
required.
Pro Tier: $20/month (billed annually) or $29/month (billed monthly), plus 5% of each transaction
(includes payment processing fees via Stripe). Pro Tier includes access to webhooks and priority
support.
Fees are deducted from your earnings before Payout. Popup may update its fee structure from time to
time with advance notice to Creators.
9. Payments and Payouts
9.1 Payment Collection
As the Merchant of Record, Popup collects all payments from End Users on your behalf. Popup
handles invoicing, payment processing (via Stripe), and tax collection where legally required.
9.2 Payouts to Creators
Popup processes payouts on a monthly basis, beginning on the first working day of each month. The
payout process typically takes 5-7 working days to complete. Final payout amounts include your total
earnings minus applicable platform fees and payment processing fees.
Live Event Payouts. Funds from Live Event ticket sales will not be included in your Payout until after
the Live Event has taken place. Live Event earnings will be transferred in the following month's Payout
cycle. This ensures that funds are available to process refunds in case of event cancellation or
rescheduling.
Minimum Payout Threshold: Popup will not process a payout if the total amount owed to you is less
than $10 USD. Any amounts below the threshold will accrue until the total equals or exceeds $10.
9.3 Payout Setup
To receive Payouts, you must complete the Payout setup process via our Payout service or another
payment method made available through the Service. You are responsible for providing accurate
banking and identity information. Popup is not responsible for delays or failed Payouts due to incorrect
information or issues with your payment account.
9.4 Withholding of Payouts
Popup reserves the right to withhold, delay, or deduct payouts in the following cases:
a) Policy violations under these Terms;
b) Suspected fraud or unauthorized activity;
c) Chargebacks or customer disputes;
d) Incomplete verification or missing documentation.
10. Refunds and Chargebacks
10.1 Refunds
As the Merchant of Record, Popup is responsible for processing refunds to End Users. However,
Creators are responsible for establishing and communicating their own refund policies to End Users.
Creators may request that Popup issue a refund on their behalf for transactions that have not yet been
paid out. Refund requests are subject to the following conditions:
a) Refunds must be requested within the same calendar month of the original transaction, and only
if sufficient funds are available from pending earnings;
b) Refunds will not be processed during the payout consolidation period (last two and first two
working days of the month);
c) If funds have already been disbursed and pending sales are insufficient to cover the refund,
Popup will reject the request and refer the customer to the Creator.
Popup reserves the right to issue refunds at its discretion in cases of breach of these Terms, evidence
of fraud or abuse, or legal or regulatory obligations. In such cases, Popup may automatically refund
affected End Users.
10.2 Chargebacks
Chargebacks are disputes raised by End Users through their payment providers. Because Popup is the
Merchant of Record, chargebacks are filed against Popup and processed via our payment partners.
In the event of a chargeback:
a) Popup will notify the relevant Creator and request supporting evidence;
b) If permitted by the payment provider, Popup may file a counterclaim using the Creator's
submitted documentation;
c) Any chargeback fees imposed by the payment provider will be passed on to the Creator;
d) Popup reserves the right to offset chargeback losses against future Creator payouts.
11. Taxes
You are responsible for determining which taxes apply to your sales and for reporting and remitting any
applicable taxes to the appropriate authorities. This includes, but is not limited to, income tax, sales tax,
use tax, VAT, GST, DST (Digital Services Tax), and other statutory taxes.
Where required by law, Popup may collect and remit sales tax, VAT, GST, or other applicable taxes on
your behalf. Popup may also collect tax identification information from you as required by applicable
regulations.
12. Data and End User Information
You own the list of End User emails and contact information collected through your use of the Service.
You may use this data solely to communicate with End Users for purposes related to your Products,
Live Events, or the reasonably assumed interests of the End User.
You agree not to sell End User data to third parties or use it for commercial purposes unrelated to your
Products or Live Events. You must comply with all applicable data privacy laws and regulations when
collecting, using, and storing End User data.
Data Import Consent. If you import End User data into Popup (such as names or email addresses),
you must have their explicit consent to do so and to send them communications. Violation of this policy
may result in suspension or termination of your account.
13. Intellectual Property
All rights, title, and interest in and to the Service, including the Popup name, logos, software, design,
and documentation, are the property of Popup and its licensors. You may not use Popup's trademarks,
logos, or branding without our prior written permission.
You are responsible for ensuring that your Creator Content, Products, and Live Events do not infringe
the intellectual property rights of any third party. It is our policy, in appropriate circumstances and at our
discretion, to terminate accounts of Creators who infringe or are charged with infringing the intellectual
property rights of others.
14. Termination
14.1 Termination by Creator
You may request to close your Popup account at any time by contacting us at info@popup.fm
14.2 Termination by Popup
Popup may suspend, restrict, or permanently deactivate your account under the following conditions:
a) Violation of these Terms or applicable laws;
b) Activity that risks user safety, trust, or platform integrity;
c) Violation of payment partner policies (e.g., Stripe);
d) Involvement in fraud, chargebacks, disputes, or unauthorized behavior.
In urgent or high-risk cases, Popup may act without prior notice to comply with legal obligations or
protect users and the platform.
14.3 Effect of Termination
Upon termination of your account:
a) Your access to the Service will be removed;
b) Outstanding fees and obligations remain due;
c) Any remaining balance will be paid out, minus any offsets for chargebacks, refunds, or fees;
d) In cases of fraud or illegal activity, funds may be withheld and Popup will cooperate with law
enforcement as required by law;
e) Popup may, at its discretion, refund affected End Users for any pending or unfulfilled Products
or Live Events, and deduct such refunds from your remaining balance or future payouts;
f) If your account was terminated for violating these Terms, you are prohibited from creating a new
account on the Service.
15. Disclaimers
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTY OF ANY
KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR
A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT.
POPUP DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE,
ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. POPUP IS NOT
RESPONSIBLE FOR ANY PRODUCTS OR LIVE EVENTS SOLD BY CREATORS OR FOR ANY
DISPUTES BETWEEN CREATORS AND END USERS.
16. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, POPUP AND ITS AFFILIATES, OFFICERS,
DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF
PROFITS, GOODWILL, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING
TO YOUR USE OF OR INABILITY TO USE THE SERVICE.
POPUP'S TOTAL LIABILITY FOR ALL CLAIMS ARISING UNDER THESE TERMS IS LIMITED TO
THE GREATER OF: (A) THE AMOUNT PAID TO YOU BY POPUP IN THE 12 MONTHS PRIOR TO
THE EVENT GIVING RISE TO THE CLAIM, OR (B) $100 USD.
17. Indemnification
You agree to defend, indemnify, and hold harmless Popup and its affiliates, officers, directors,
employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses
(including reasonable legal fees) arising out of or relating to:
a) Your use or misuse of the Service;
b) Your violation of these Terms or any applicable law;
c) Your violation of any third-party rights, including intellectual property, privacy, or proprietary
rights;
d) Your Creator Content or any Products or Live Events you sell through the Service;
e) Any dispute between you and an End User or other third party.
18. Changes to Terms
Popup may amend these Terms at any time by posting the amended Terms on our website and
updating the "Last Updated" date above. If we make material changes that adversely affect your rights
or obligations, we will notify you by email or through the Service.
Your continued use of the Service after any changes constitutes your acceptance of the amended
Terms. If you do not agree to the amended Terms, you must stop using the Service.
19. Governing Law and Disputes
These Terms shall be governed by and construed in accordance with the laws of the State of Delaware,
United States, without regard to its conflict of law principles.
Any dispute or claim arising out of or in connection with these Terms shall be subject to the exclusive
jurisdiction of the state and federal courts located in Delaware, United States. The parties agree to
make reasonable efforts to resolve all disputes amicably through good faith negotiations before
initiating legal proceedings.
Limitation on Claims. Any claim arising out of or relating to these Terms or your use of the Service
must be brought within one (1) year of the event giving rise to such claim. Any claim not filed within this
period will be permanently waived and barred.
20. General
Entire Agreement. These Terms, together with our Privacy Policy and any other agreements
incorporated by reference, constitute the entire agreement between you and Popup regarding your use
of the Service.
Severability. If any provision of these Terms is found to be unenforceable, the remaining provisions will
remain in full force and effect.
No Waiver. Our failure to enforce any provision of these Terms does not constitute a waiver of our right
to enforce it in the future.
Assignment. You may not assign or transfer these Terms or your rights under these Terms without our
prior written consent. Popup may assign these Terms without restriction.
Electronic Communications. You consent to receive electronic communications from Popup,
including emails and notifications. You agree that all notices, agreements, and other communications
provided electronically satisfy any legal requirement that such communications be in writing.
Contact Information. If you have any questions about these Terms, please contact us at
info@popup.fm.
Address: 108 W. 13th Street, Suite 100, Wilmington, DE 19801, USA
TL;DR (Summary)
This summary is for convenience only and has no legal effect. Please read the full Terms above.
1. You own your content. Everything you upload to Popup belongs to you. We only use it to operate
the Service.
2. We handle payments for you. Popup is the Merchant of Record. We collect payments from your
customers, handle invoices and taxes, and pay you monthly.
3. Monthly payouts, $10 minimum. We process payouts at the start of each month. You need at least
$10 in earnings to receive a payout.
4. Live Event payouts come after the event. Funds from Live Event ticket sales are released in the
following month's payout, after the event has taken place.
5. Simple pricing. Free tier: 9% per transaction. Pro tier: $20-29/month + 5% per transaction. Fees
include payment processing.
6. You're responsible for your business. You set your prices, deliver your products, and support your
customers. We provide the platform.
7. You can leave anytime. You can close your account whenever you want. We'll pay out any
remaining balance (minus any fees or chargebacks).
8. Play by the rules. Don't sell prohibited items, don't commit fraud, and don't violate the law. We
reserve the right to suspend accounts that violate these Terms.
.png)
