Terms of Service
These Terms of Service ("Terms") govern your access to and use of the ProofPop application and related services ("ProofPop," the "Service"). By installing or using ProofPop, you ("you," "merchant") agree to these Terms. If you do not agree, do not install or use the Service.
1. The Service
ProofPop is a Shopify app that provides scratch card and spin wheel email-capture popups for your store. The Service is designed to:
- Display configurable popup campaigns on your storefront.
- Attribute orders to the campaigns that captured the subscriber, and report the revenue earned alongside the app's cost.
- Help you govern discount spend through budget controls, single-use codes, and free-gift prizes.
- Sync captured subscribers to your Shopify customer list and let you export them.
We may improve, change, or add features over time. We may also discontinue features where reasonable.
2. Eligibility and account
You must have an active Shopify store and the authority to install apps on it. You are responsible for the activity that happens under your account and for keeping your contact details current so you receive operational notices.
3. Acceptable use
You agree not to:
- Use the Service to send unsolicited messages or to collect data without a lawful basis or proper consent.
- Misrepresent prizes, discounts, or terms to your shoppers.
- Attempt to break, overload, reverse-engineer, or circumvent the Service or its limits.
- Use the Service for unlawful, deceptive, or infringing purposes.
You are responsible for ensuring your campaigns, prizes, and communications comply with the laws that apply to your business and your shoppers, including marketing and consent rules.
4. Your data and your shoppers
Subscriber data captured through ProofPop is written to your Shopify customer list and remains yours. Our handling of personal data is described in our Privacy Policy. As between you and ProofPop, you are the controller of your shoppers' data and ProofPop acts as your processor.
5. Plans, billing, and pricing
ProofPop offers a Free plan (all features, up to 150 captures per month, with a small ProofPop badge on the widget) and a paid plan at a flat price (unlimited usage, badge removed), available monthly or annually.
- Billing runs through Shopify. Charges for paid plans are processed by Shopify under its billing terms and added to your Shopify invoice.
- Paid plans renew automatically for the billing period you select until cancelled.
- We do not charge usage tiers or per-impression fees, and we do not raise your price because your store grew.
- Except where required by law or expressly stated, payments are non-refundable. You can manage or cancel your subscription through Shopify.
6. Free plan limits
The Free plan is subject to the capture limit described above and includes the ProofPop badge. We may adjust Free plan limits with reasonable notice.
7. Service availability
We work to keep ProofPop running and to alert you if your popup stops showing. We do not, however, guarantee that the Service will be uninterrupted or error-free, and the Service may be affected by factors outside our control, including Shopify and your store's configuration.
8. No warranty
The Service is provided "as is" and "as available," without warranties of any kind, whether express, implied, or statutory, including any implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant any particular level of revenue, captures, or results.
9. Limitation of liability
To the maximum extent permitted by law, ProofPop and its suppliers will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, revenue, data, or goodwill, arising out of or related to your use of the Service.
To the maximum extent permitted by law, our total liability for any claim arising out of or related to the Service will not exceed the amounts you paid to us for the Service in the three (3) months immediately before the event giving rise to the claim.
10. Termination
You may stop using ProofPop at any time by uninstalling it from your Shopify store. We may suspend or terminate access if you breach these Terms or use the Service in a way that creates risk or legal exposure. On termination, the data provisions of our Privacy Policy apply, and you may export your subscriber list as described there.
11. Changes to these Terms
We may update these Terms as the product or the law changes. We will revise the date above and, for material changes, take reasonable steps to notify merchants. Continued use after changes take effect means you accept the updated Terms.
12. Governing law
These Terms are governed by the laws of [JURISDICTION], without regard to its conflict-of-laws rules. The courts located in [JURISDICTION] will have exclusive jurisdiction over any disputes, except where applicable law provides otherwise.
13. Contact
Questions about these Terms? Email support@getproofpop.com.