Terms of Service

Effective Date: April 6, 2026

1. Acceptance of Terms

By installing, accessing, or using the SupaPop application ("Service"), you ("Merchant" or "you") agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not install or use the Service.

These Terms constitute a legal agreement between you and SupaPop ("we," "us," or "our"). We reserve the right to modify these Terms at any time. Continued use of the Service after modifications constitutes acceptance of the revised Terms.

2. Description of Service

SupaPop is a Shopify application that enables merchants to:

• Create interactive popup experiences with a visual section editor, including quiz and survey question types.
• Route survey responses to specific Klaviyo lists, segments, and flow triggers.
• Track analytics including impressions, conversions, revenue attribution, step funnels, and lifetime value cohort analysis.
• Manage popup display rules, scheduling, and targeting.

The Service is provided as a software-as-a-service application embedded within the Shopify admin interface and deployed to your storefront via a Shopify app extension.

3. Account Registration and Access

Access to SupaPop is granted through the Shopify OAuth authentication flow. By installing the app from the Shopify App Store, you authorize us to:

• Access your store's domain and basic shop information.
• Install a script extension on your storefront to display popups.
• Receive webhook notifications for app-related events, including GDPR compliance webhooks.

You are responsible for maintaining the security of your Shopify account and any API keys (including Klaviyo API keys) you provide to the Service.

4. Acceptable Use

You agree to use SupaPop only for lawful purposes and in compliance with all applicable laws and regulations. You shall not:

• Use the Service to collect personal data without proper legal basis or consent.
• Create popups that contain deceptive, misleading, or fraudulent content.
• Attempt to reverse engineer, decompile, or disassemble the Service.
• Interfere with or disrupt the Service or servers connected to the Service.
• Use the Service to distribute malware, spam, or other harmful content.
• Exceed reasonable usage limits or attempt to circumvent any rate limiting.
• Sublicense, resell, or redistribute access to the Service.

5. Intellectual Property

The Service, including all software, designs, documentation, and associated intellectual property, is owned by SupaPop and protected by applicable copyright, trademark, and other intellectual property laws.

You retain ownership of all content you create using the Service, including popup designs, survey questions, and uploaded images. By using the Service, you grant us a limited license to host, display, and process your content solely for the purpose of providing the Service.

6. Data Processing

With respect to end user data collected through popups on your store:

• You (the Merchant) are the data controller. You determine what data is collected, how it is used, and you are responsible for obtaining appropriate consent from your customers and visitors.
• SupaPop acts as a data processor. We process end user data solely on your behalf and according to your instructions as configured through the Service.
• You are responsible for ensuring that your use of SupaPop complies with all applicable data protection laws, including GDPR, CCPA, and any other relevant regulations.
• You must maintain an appropriate privacy policy on your store that discloses the use of SupaPop and the data collection practices enabled by the Service.

7. Third-Party Services

7.1 Shopify

SupaPop operates within the Shopify platform. Your use of Shopify is governed by Shopify's own Terms of Service. We are not responsible for any changes to the Shopify platform that may affect the Service.

7.2 Klaviyo

If you configure Klaviyo integration, data will be sent to Klaviyo using the API key you provide. Your use of Klaviyo is governed by Klaviyo's terms of service and privacy policy. You are responsible for ensuring that your Klaviyo integration complies with Klaviyo's acceptable use policies.

8. Service Availability

We strive to maintain high availability of the Service but do not guarantee uninterrupted access. The Service may be temporarily unavailable due to:

• Scheduled maintenance (we will provide reasonable advance notice when possible).
• Emergency maintenance to address security or performance issues.
• Factors beyond our reasonable control, including Shopify platform outages, third-party service disruptions, and force majeure events.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SUPAPOP SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITIES, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE.

OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SERVICE SHALL NOT EXCEED THE TOTAL FEES PAID BY YOU TO SUPAPOP IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

These limitations apply regardless of the theory of liability, whether based on warranty, contract, tort, negligence, strict liability, or any other legal theory.

10. Indemnification

You agree to indemnify, defend, and hold harmless SupaPop and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or in connection with:

• Your use of the Service.
• Your violation of these Terms.
• Your violation of any applicable law or regulation.
• Your collection, use, or processing of end user data through the Service.
• Any content you create or display through the Service.

11. Termination

Either party may terminate this agreement at any time:

• By you: You may terminate by uninstalling SupaPop from your Shopify store. Upon uninstallation, Shopify sends a shop/redact webhook, which triggers a full cascade deletion of all your data from our systems, including all popup configurations, submissions, analytics data, and associated end user data.
• By us: We may suspend or terminate your access to the Service for violation of these Terms, non-payment, or if required by law. We will provide reasonable notice when possible.

Sections 5 (Intellectual Property), 9 (Limitation of Liability), 10 (Indemnification), and 13 (Governing Law) shall survive termination.

12. Dispute Resolution

Any dispute arising from these Terms or the Service shall first be attempted to be resolved through good-faith negotiation. If negotiation fails, the dispute shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association.

13. Governing Law

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 provisions. Any legal action or proceeding relating to these Terms shall be brought exclusively in the state or federal courts located in Delaware.

14. Changes to Terms

We reserve the right to modify these Terms at any time. If we make material changes, we will notify you through the Service or via email at least 30 days before the changes take effect. Your continued use of the Service after the effective date of the revised Terms constitutes acceptance of the changes.

15. Miscellaneous

• Entire Agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and SupaPop regarding the Service.
• Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions shall remain in full force and effect.
• Waiver: Our failure to enforce any provision of these Terms shall not constitute a waiver of that provision.
• Assignment: You may not assign or transfer these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.

16. Contact Us

If you have any questions about these Terms of Service, please contact us at:

SupaPop
Email: legal@supapop.io