Have influence? Start here

Terms of Use

Last Updated: [Date]

1. Acceptance of Terms

By accessing and using PopCart (“the Service”), you accept and agree to be bound by the terms and provision of this agreement. If you do not agree to abide by the above, please do not use this service.

2. Description of Service

PopCart is an e-commerce platform that enables businesses to create online shops and process customer transactions. The Service includes shopping cart functionality, payment processing, order management, and related e-commerce tools.

3. User Accounts and Registration

Account Creation

  • You must provide accurate, current, and complete information during registration
  • You are responsible for safeguarding your password and all activities under your account
  • You must notify us immediately of any unauthorised use of your account

Account Responsibilities

  • You must be at least 18 years old or have parental consent to use the Service
  • Business accounts must have legal authority to bind the business to these terms
  • One person or legal entity may maintain only one account

Account Termination

  • You may terminate your account at any time by contacting support
  • We may suspend or terminate accounts that violate these terms
  • Upon termination, your right to use the Service ceases immediately

4. Acceptable Use Policy

Permitted Uses

  • Create and manage online shops for legitimate business purposes
  • Process customer transactions in compliance with applicable laws
  • Use platform features as intended and documented

Prohibited Uses

You may not use PopCart to:

  • Sell illegal, counterfeit, or prohibited items
  • Engage in fraudulent or deceptive practices
  • Violate intellectual property rights
  • Distribute malware or harmful code
  • Spam or send unsolicited communications
  • Interfere with platform security or functionality
  • Violate any applicable laws or regulations

5. Content and Intellectual Property

Your Content

  • You retain ownership of content you upload (product descriptions, images, etc.)
  • You grant us a licence to use your content to provide the Service
  • You represent that you have rights to all content you upload
  • You are responsible for ensuring your content doesn’t infringe third-party rights

Our Intellectual Property

  • PopCart platform, software, and documentation are our property
  • Our trademarks, logos, and brand elements may not be used without permission
  • You may not reverse engineer, copy, or create derivative works of our platform

Copyright Infringement

  • We respond to valid DMCA takedown notices
  • Repeat infringers may have their accounts terminated
  • Report copyright infringement to [copyright email]

6. Payment Terms

Fees and Billing

  • Current fees are listed on our pricing page
  • Fees are charged monthly/annually in advance
  • All fees are non-refundable except as required by law
  • We may change fees with 30 days’ notice

Transaction Processing

  • We facilitate payment processing but are not a payment processor
  • Transaction fees apply as disclosed during setup
  • Merchants are responsible for tax compliance
  • Chargebacks and disputes are handled according to payment processor terms

Late Payment

  • Overdue accounts may be suspended until payment is received
  • We may charge interest on overdue amounts where legally permitted

7. Privacy and Data Protection

Your privacy is important to us. Our collection and use of personal information is governed by our Privacy Policy, which is incorporated into these terms by reference.

8. Platform Availability and Support

Service Availability

  • We strive for 99.9% uptime but cannot guarantee uninterrupted service
  • Scheduled maintenance will be announced in advance when possible
  • We are not liable for service interruptions beyond our reasonable control

Customer Support

  • Support is provided during business hours via email and chat
  • Response times vary based on your subscription level
  • We provide reasonable assistance but cannot guarantee specific outcomes

9. Limitation of Liability

Disclaimer of Warranties

THE SERVICE IS PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

Limitation of Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR LIABILITY TO YOU IS LIMITED TO THE FEES PAID BY YOU IN THE 12 MONTHS PRECEDING THE CLAIM. WE ARE NOT LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES.

Exceptions

Some jurisdictions do not allow limitation of warranties or damages, so the above may not apply to you.

10. Indemnification

You agree to indemnify and hold harmless PopCart from any claims, damages, or expenses arising from:

  • Your use of the Service
  • Your violation of these terms
  • Your violation of any third-party rights
  • Content you upload or transactions you process

11. Data Backup and Security

Your Responsibilities

  • Maintain your own backups of critical business data
  • Use strong passwords and enable two-factor authentication
  • Report security incidents promptly

Our Responsibilities

  • Implement reasonable security measures
  • Maintain platform backups for operational purposes
  • Notify you of security breaches as required by law

12. Third-Party Services

Integrations

  • The platform may integrate with third-party services (payment processors, shipping providers)
  • Third-party terms and privacy policies apply to their services
  • We are not responsible for third-party service performance or availability

External Links

  • Our platform may contain links to third-party websites
  • We do not endorse or control external content
  • Use external links at your own risk

13. Compliance and Legal Requirements

Regulatory Compliance

  • You must comply with all applicable laws and regulations
  • This includes consumer protection, tax, and industry-specific requirements
  • International users must comply with their local laws

Export Controls

  • The Service may not be used in countries subject to export restrictions
  • You may not use the Service if you are on any government restricted party list

14. Modification of Terms

Changes to Terms

  • We may modify these terms at any time
  • Material changes will be communicated via email or platform notice
  • Continued use after changes constitutes acceptance
  • If you disagree with changes, you may terminate your account

Version Control

  • The effective date indicates when terms were last updated
  • Previous versions are available upon request

15. Termination

Termination by You

  • Cancel your subscription at any time through account settings
  • Data export tools are available before termination
  • Cancellation does not excuse payment of outstanding fees

Termination by Us

  • We may terminate accounts for material breach of these terms
  • We provide 30 days’ notice for non-breach terminations
  • Immediate termination is permitted for legal violations or security threats

Effect of Termination

  • Access to the Service ceases immediately
  • Data retention follows our Privacy Policy
  • Certain provisions survive termination (payment obligations, liability limitations)

16. Dispute Resolution

Governing Law

These terms are governed by the laws of [Jurisdiction] without regard to conflict of law principles.

Dispute Process

  1. Informal Resolution: Contact support to resolve disputes amicably
  2. Formal Notice: Written notice must be provided before legal action
  3. Arbitration: Disputes may be subject to binding arbitration where legally permitted
  4. Court Jurisdiction: [Local courts] have exclusive jurisdiction for non-arbitrable disputes

17. General Provisions

Entire Agreement

These terms, along with our Privacy Policy and any order forms, constitute the entire agreement between us.

Severability

If any provision is found unenforceable, the remainder of these terms remains in effect.

No Waiver

Our failure to enforce any provision does not waive our right to enforce it later.

Assignment

You may not assign these terms without our consent. We may assign these terms to affiliates or acquirers.

Force Majeure

We are not liable for delays or failures due to circumstances beyond our reasonable control.

Survival

Provisions that should survive termination (payment, liability, intellectual property) will continue after these terms end.

These terms are effective as of 23/07/2025 and supersede all prior agreements.