Popup End User Terms of Service
1. Introduction
Welcome to Popup! These End User Terms of Service ("Terms") are a binding agreement between
you ("End User", "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 access,
purchase, and participate in products, events, and content offered by Creators.
By accessing or using the Service, including entering a virtual venue, joining a Live Event, subscribing
to a Creator, purchasing a ticket, or buying Products, 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 End Users. If you are a Creator selling through Popup, please refer to
our Creator 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 you on behalf of Creators, handles
invoicing and tax collection where legally required, and manages payment processing.
2. Definitions
"End User" means any person who accesses, purchases, registers for, or participates in Products,
Live Events, or content offered by a Creator through the Service.
"Creator" means any individual or entity that uses Popup to sell Products, Live Events, or other
offerings to End Users.
"Products" means any digital or physical products, courses, subscriptions, memberships, media, VOD
(video on demand), or other offerings sold by Creators through the Service. 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.
"Subscription" means a recurring payment arrangement that provides ongoing access to a Creator's
content, community, or benefits.
3. Eligibility
You must be at least 13 years old to use the Service. If you are under 18, you must have permission
from a parent or legal guardian to use the Service. Some content may not be suitable for all ages, and
certain Creators may set additional age restrictions for their offerings.
By using the Service, you represent and warrant that you meet these eligibility requirements.
4. Account Access
To access Popup, participate in Live Events, or subscribe to Creators, you may log in using:
• A Google account, or
• An email address
You are responsible for maintaining the confidentiality of your account credentials and for all actions
and communications made under your account. You must notify us immediately at info@popup.fm if
you believe your account has been compromised or accessed without authorization.
5. Popup's Role
Products, Live Events, and content available on Popup are created and provided by Creators, not by
Popup. Popup provides the technology platform for discovering, purchasing, and accessing Creator
offerings. Popup is not responsible or liable for:
• The quality, accuracy, safety, or legality of any Products or Live Events;
• The content or conduct of any Creator;
• Event cancellations, rescheduling, or no-shows by Creators;
• The accuracy of Product or Live Event descriptions, including dates, times, or connection details;
• Any disputes between you and a Creator.
If you have an issue with a Product or Live Event, you should contact the Creator directly. Popup may
assist in resolving disputes at its discretion but is not obligated to do so.
6. 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.
Popup may share certain information (such as your name, email, and purchase history) with Creators
whose Products or Live Events you purchase or subscribe to.
7. Community Guidelines
When using the Service, you agree to:
• Treat Creators and other End Users respectfully;
• Avoid harassment, hate speech, bullying, or offensive behavior;
• Not spam, troll, or disrupt Live Events or community spaces;
• Not record, redistribute, or share Live Event content without permission;
• Comply with all applicable laws and regulations.
Popup may suspend or terminate your account if you violate these guidelines.
8. Subscriptions
8.1 Billing and Renewal
When you subscribe to a Creator, you authorize Popup to charge your payment method immediately
and on each renewal date. Subscriptions renew automatically at the end of each billing period (monthly
or as specified) unless you cancel before the renewal date.
8.2 How to Cancel
You may cancel your Subscription at any time by emailing info@popup.fm with your account details, or
through your account settings if available. Cancellation will take effect at the end of your current billing
period.
8.3 Access After Cancellation
After cancellation, you will continue to have access to the Subscription benefits until the end of your
current billing period. After that, your access will end.
8.4 Refunds
Subscription fees are non-refundable. All sales are final except where required by applicable law.
8.5 Price or Benefit Changes
Creators may change Subscription prices or benefits. If a price increase applies to your Subscription,
you will be notified in advance. If you do not agree to the new price, you may cancel before the next
billing period.
8.6 Creator Inactivity or Removal
Popup is not responsible for Creator inactivity or content availability. If a Creator stops providing
content or is removed from the platform, you will not be entitled to a refund for past Subscription
periods.
9. Purchases (Products, VOD, Courses)
9.1 Overview
Creators may sell digital and physical Products, VOD content, courses, and other offerings through the
Service. When you purchase a Product, you are purchasing from the Creator, with Popup acting as the
Merchant of Record for payment processing.
9.2 Refunds
All purchases of Products, VOD, and courses are non-refundable. All sales are final except where
required by applicable law.
9.3 Delivery
Digital Products will be made available through the Service immediately or as specified by the Creator.
Physical Products will be shipped by the Creator according to their stated policies. Popup is not
responsible for shipping delays or issues related to physical Products.
9.4 Creator Responsibility
Creators are solely responsible for the quality, accuracy, and delivery of their Products. Popup does not
guarantee any Product and is not liable for any issues arising from your purchase.
10. Live Event Tickets
10.1 Overview
Creators may sell tickets to Live Events through the Service. When you purchase a ticket, you are
purchasing access to attend the Live Event as specified by the Creator.
10.2 Ticket Purchase and Delivery
Tickets are paid for by credit card or other available payment methods. Access links or instructions will
be sent to your email or made available through the Service prior to the Live Event.
10.3 Refunds
All Live Event ticket purchases are non-refundable. All sales are final except where required by
applicable law.
10.4 Cancellations or No-Shows by Creator
If a Creator cancels a Live Event or fails to show up, you will receive a full refund. If a Creator
reschedules a Live Event, you may choose to accept the new date or request a full refund.
10.5 Participation Link Use
Live Event access links are personal and non-transferable. You may not share, sell, or redistribute your
access link. Recording, screenshotting, or redistributing Live Event content without the Creator's
permission is prohibited.
11. Payment Methods and Authorization
11.1 Payment Authorization
By submitting your payment information, you authorize Popup and our payment processors to charge
your payment method for Products, Live Events, Subscriptions, applicable taxes, and fees. This
includes recurring charges for Subscriptions.
11.2 Payment Processors
Popup uses third-party payment processors (such as Stripe) to facilitate transactions. Popup is not
responsible for errors or failures by payment processors. If a payment processor rejects or reverses a
transaction, your access to the relevant Product or Live Event may be suspended.
11.3 Failed Payments
If a payment fails, Popup may:
• Retry using the same payment method;
• Request an alternative payment method;
• Suspend or terminate your access to the Product or Subscription.
You remain responsible for any unpaid amounts.
11.4 Currency
All prices are displayed in USD unless otherwise specified. If you pay using a non-USD payment
method, your bank or payment processor may apply currency conversion fees.
12. Digital Content License
When you purchase access to a Product, course, VOD, or other digital content, you are not purchasing
ownership of that content. You are granted a limited, personal, non-exclusive, non-transferable,
revocable license to access and use the content for your own personal, non-commercial purposes.
You may not:
• Copy, redistribute, or share the content with others;
• Sell, resell, or transfer your access;
• Use the content for commercial purposes without permission;
• Remove or alter any copyright or proprietary notices.
The Creator retains all ownership and intellectual property rights in the content.
13. User Content
You are solely responsible for any content you post, share, or transmit through the Service (such as
chat messages, comments, or uploads). Popup may remove content that violates these Terms or our
Community Guidelines without notice.
By posting content on the Service, you grant Popup and the relevant Creator a non-exclusive,
worldwide, royalty-free license to use, display, and distribute your content in connection with the
Service.
14. Prohibited Conduct
When using the Service, you agree not to:
• Purchase Products or access Live Events that are illegal for you to purchase in your jurisdiction;
• Provide false payment information or use payment methods you are not authorized to use;
• Attempt to gain unauthorized access to any part of the Service;
• Interfere with or disrupt the Service or any Live Event;
• Violate any applicable laws or regulations;
• Infringe the intellectual property rights of Popup, Creators, or any third party.
15. Account Suspension and Termination
15.1 Suspension by Popup
Popup may suspend or terminate your account at any time for any reason, including if you violate these
Terms, engage in fraud, or for any other reason we deem necessary to protect Popup, Creators, or
other End Users.
15.2 Effect of Termination
If your account is terminated:
• Your access to all purchased Products, Subscriptions, and Live Events will end;
• You will not receive refunds for past purchases or unused Subscription time;
• If your account was terminated for violating these Terms, you are prohibited from creating a new
account.
15.3 Creator Blocks
If a Creator blocks you or restricts your access to their content, Popup is not responsible for loss of
access and will not provide refunds.
16. 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, LIVE EVENTS, OR CONTENT PROVIDED
BY CREATORS. ALL PURCHASES ARE AT YOUR OWN RISK.
17. 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, 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 YOU PAID TO POPUP IN THE 12 MONTHS PRIOR TO THE
EVENT GIVING RISE TO THE CLAIM, OR (B) $100 USD.
18. 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:
• Your use or misuse of the Service;
• Your violation of these Terms or any applicable law;
• Your violation of any third-party rights;
• Any content you post or transmit through the Service;
• Any dispute between you and a Creator.
19. 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,
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.
20. 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.
21. Contact Us Law and Disputes
If you have any questions about these Terms, please contact us at:
Email: info@popup.fm
Company: Popup Moments Inc.
TL;DR (Summary)
This summary is for convenience only and has no legal effect. Please read the full Terms above.
1. Popup is a platform. Creators sell their Products and Live Events through Popup. We handle
payments, but Creators are responsible for their content.
2. You must be 13+ to use Popup. If you're under 18, you need parent or guardian permission.
3. Subscriptions auto-renew. Cancel before your renewal date to avoid being charged. Subscription
fees are non-refundable.
4. Products are non-refundable. All purchases of courses, VOD, and other Products are final.
5. Live Event tickets are refundable if you cancel 7+ days before. No refunds if you cancel less
than 7 days before or after the event starts. Full refund if the Creator cancels or no-shows.
6. Respect the community. No harassment, hate speech, or disruptive behavior. We can suspend
your account if you break the rules.
7. Don't share or redistribute content. Live Event links and purchased content are for your personal
use only.
8. We're not responsible for Creator content. Creators are independent. Contact them directly for
issues with their Products or Live Events.
*© Popup Moments Inc. All rights reserved.*
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