Terms of Service

1. Acceptance of terms

These Terms of Service (“Terms”) govern your access to and use of Popchime (“Popchime,” “we,” “us”). By installing or using Popchime on your Shopify store, you agree to be bound by these Terms. If you do not agree, do not install or use the app. If you are using Popchime on behalf of a business, you represent that you have authority to bind that business to these Terms.

2. The service

Popchime is a Shopify-embedded application that lets merchants build popups for their storefronts and sync captured emails and phone numbers to email/SMS marketing providers. The service includes:

• An AI copilot that generates popup copy, layouts, and imagery from your instructions.
• A visual editor for building and refining popups.
• Triggers and targeting to control when and to whom popups appear.
• Analytics for impression, conversion, and dismiss performance.

We may add, change, or remove features over time as the product evolves.

3. Accounts & Shopify

You install and access Popchime through Shopify. You are responsible for your Shopify store, your Shopify account and credentials, and all popups you create and publish through Popchime. You are responsible for activity that occurs under your store, and for keeping your account secure. Your use of Shopify itself is governed by Shopify’s own terms.

4. Plans, billing & trials

Popchime offers paid plans, billed monthly through the Shopify Billing API as part of your Shopify invoice:

• Starter — $9/mo
• Pro — $29/mo
• Scale — $99/mo

A free trial is available. Each plan carries monthly usage limits, including popup impressions, AI copilot turns, and AI image generations; exceeding a plan’s limits may require upgrading to continue using the affected features. You may cancel at any time by uninstalling the app; cancellation stops future charges, and Shopify handles billing, proration, and refunds in accordance with its billing policies.

5. Acceptable use

You agree that you will not, and will not use Popchime to:

• Violate applicable marketing or consent laws, including GDPR, CAN-SPAM, the TCPA, and other privacy, anti-spam, and consent regulations that apply to you and your shoppers.
• Publish unlawful, deceptive, misleading, infringing, or harmful popup content.
• Collect personal data you are not entitled to collect, or use popups to gather data for purposes you have not disclosed to shoppers.
• Interfere with, disrupt, reverse-engineer, or attempt to gain unauthorized access to the service or its infrastructure.

You are solely responsible for obtaining any consents required to collect and process shopper data through the popups you publish.

6. Your content & data

You own your popup configuration and the contacts captured through your popups. As between you and Popchime, you are the data controller for shopper data, and you are responsible for the lawful basis on which it is collected. You grant Popchime a limited, non-exclusive license to host, process, and transmit your content and captured data solely to provide and improve the service on your behalf. How we handle this data is described in our Privacy Policy and our Data Processing statement.

7. AI features

AI-generated copy, layouts, and images are suggestions. You are responsible for reviewing all AI output and for everything you publish. AI output is provided without warranty: it is not guaranteed to be accurate, original, compliant, or fit for any particular purpose. You should review generated content for accuracy, brand fit, and legal compliance before publishing it to your storefront.

8. Intellectual property

Popchime, including its software, design, branding, and underlying technology, is owned by us and protected by intellectual property laws. These Terms grant you no ownership of the service. Your content and your captured data remain yours; we claim no ownership over them beyond the limited license described in Section 6.

9. Third-party services

Popchime integrates with third-party services that operate under their own terms and privacy policies, including Shopify, Klaviyo, Mailchimp, any webhook receivers you configure, and the AI provider that powers the copilot. We are not responsible for the availability, accuracy, or conduct of those third-party services. Your use of them is governed by their respective agreements.

10. Disclaimers

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 that the service will be uninterrupted, error-free, or that it will produce any particular business result.

11. Limitation of liability

To the maximum extent permitted by law, Popchime 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 extent permitted by law, our total aggregate liability for any claim arising out of or relating to these Terms or the service is limited to the amounts you paid us for the service in the twelve months preceding the event giving rise to the claim.

12. Termination

You may stop using Popchime and terminate these Terms at any time by uninstalling the app. We may suspend or terminate your access if you breach these Terms, if required by law, or if necessary to protect the service or other users. On termination, your data is handled as described in our Privacy Policy and Data Processing statement, including hard-deletion of shop data within 48 hours of uninstall.

13. Changes to these terms

We may update these Terms as the product, our subprocessors, or legal requirements change. The “Last updated” date at the top reflects the latest revision. Your continued use of the service after an update constitutes acceptance of the revised Terms; material changes are communicated to merchants through the app’s embedded admin.

14. Governing law

These Terms are governed by the laws of the merchant’s applicable jurisdiction, except where a specific governing law and venue are required by law. The definitive governing law and dispute-resolution venue will be specified in a signed agreement or order form where one applies; nothing here waives any mandatory consumer or data-protection rights you have under your local law.

15. Contact

Questions about these Terms: [email protected].