POPU MARKETING (“Popu,” “we” or “our”) provides URL shortening, custom-branded link, and link management and analytics products and services to its users (collectively, the “Popu Services”). Please read these Terms of Service (the “Agreement”) carefully, as they govern your access to and use of the Popu Services and constitutes a binding legal agreement between you and Popu. If you accept this Agreement or use the Popu Services on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to the Agreement and, in such event, “you”, “your” and “Customer” will refer and apply to that company or other legal entity. If you have been granted access to and use of the Popu Services by and on behalf of the primary account holder, whether directly or through an administrator, you also agree to abide by this Agreement.
You acknowledge and agree that, by creating a Popu account, purchasing a paid account, or accessing or using the Popu services, you are indicating that you have read, understand and agree to be bound by these terms. If you do not agree to these terms, then you have no right to access or use the Popu services.
This agreement contains an arbitration provision and class action waiver as described in the arbitration section below. You agree that disputes between us will be resolved by binding, individual arbitration, and you are waiving your right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding.
Modifications. Popu reserves the right, in its sole discretion, to modify or replace this Agreement at any time. If we modify these Terms, we will post the modification on our site or provide you with notice of the modification on your Popu Account Details page. By continuing to access or use the Popu Services after the effective date of the modification, you are indicating that you agree to be bound by the modified Agreement. Customer agrees that it is Customer’s responsibility to check this Agreement periodically for changes and that its use of the Popu Services following the posting of any changes to this Agreement constitutes acceptance of those changes. If the modified Agreement is not acceptable to you, your only recourse is to cease using the Popu Services.
Scope & Current Offerings. As of the Effective Date, Popu offers certain Popu Services to Customer. Popu may add, remove, suspend, discontinue, modify or update the Popu Services at any time, at its discretion. After the effective date of such update, Popu shall bear no obligation to run, provide or support legacy versions of the Popu Services.
Fees. Popu offers fee-based Popu Services that provide additional features and functionality. Pricing and services for paid accounts are described on Popu’s Services pricing page and may be updated from time to time. If you sign up for a paid account, you agree to pay Popu all applicable fees for the tier of Popu Services according to your selection. Fees are non-refundable except as required by law or as otherwise specifically permitted in this Agreement.
Accounts. When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service. You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
Customer Content. Our Service may contain links to third party web sites or services that are not owned or controlled by Popu. Popu has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites. You acknowledge and agree that Popu shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services. We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit. In addition, you are specifically restricted from using Popu service for redirect to other url shorteners, content that contains self-harm or excessive violence, malicious content, spam, nudity or other sexually suggestive content, hate speech, credible threats or direct attacks on an individual or group. We reserve all the rights to disable, remove or block links, custom domains and subdomains with nil notification or fee refund.
Downgrades. Popu reserves the right to downgrade, suspend or terminate Customer’s access to any or all Popu Services if Fees are past due.
Access Credentials. Popu shall provide Customer with non-transferable access credentials for the Popu Services. Customer shall not (i) misrepresent or mask identities when using the Popu Services or seeking access credentials; (ii) select or use as a username or Branded Short Domain a name subject to any rights of a person or entity other than Customer without appropriate authorization; (iii) select or use, as Customer’s username or Branded Short Domain, a name that is otherwise offensive, vulgar or obscene; or (iv) exceed any access permitted by Popu. Customer shall safeguard all access credentials provided by Popu and shall ensure the confidentiality and security thereof. To the extent Customer is a corporate entity rather than an individual (1) only employees and contractors of Customer (“Personnel”) may use the Popu Services; (2) Customer shall require its Personnel to comply with all Laws and the use restrictions (including user seat restrictions) set out in the Agreement or otherwise prescribed by Popu and shall not share access credentials to exceed the user limitations of the service tier Customer has purchased; (3) Customer represents and warrants that its Personnel have the capacity and authority to enter into this Agreement; and (4) Customer acknowledges that it shall be fully responsible for any acts or omissions of its Personnel, whether authorized or unauthorized. Popu may update, refresh or change the manner of accessing the Popu Services in its discretion.
Compliance Monitoring. Popu may monitor Customer’s use of the Popu Services for compliance with the Agreement. If Popu observes usage of the Popu Services that it believes are not in compliance with the Agreement, Popu will notify the Customer and give the Customer Seven business days to remedy its non-compliance. If Customer does not remedy its non-compliance within Seven business days, Popu reserves the right to suspend or terminate Customer’s use of the Popu Services. Popu reserves the right to suspend Customer’s use of the Popu Services without notice in the event that it believes, in good faith, the security of Customer’s Popu account has been compromised, or the Customer’s Popu account is being used for an unlawful purpose. And may suspend or terminate Customer’s access to the Services without notice for violation of the Agreement.
Ownership. Except for any Customer Content or Customer Services, Customer acknowledges and agrees that Popu is the sole and exclusive owner of all right, title and interest in and to the Popu Services and Popu Link Metrics and all related documentation, source code, tools, scripts, processes, techniques, methodologies, inventions, know-how, concepts, formatting, arrangements, visual attributes, ideas, database rights, copyrights, patents, trade secrets, and other intellectual property, and all derivatives, enhancements, modifications and improvements thereof (“Popu Materials”). Nothing in this Agreement or any other document shall be deemed to transfer ownership of the Popu Materials. Except for the limited license rights expressly granted herein, no rights to Popu Materials are granted hereunder and all rights in such Popu Materials are reserved.
License Restrictions. Customer shall not share access credentials to exceed the user limitations of the service tier Customer has purchased. Customer and its Personnel shall not, and shall not permit any third party to: (i) access the Services or export data from the Services to create a service, software, documentation or data for a URL shortening service other than Popu or create shortened links or a service that is competitive with, substantially similar or confusingly similar to any aspect of the Popu Services or Popu Link Metrics; (ii) use, modify, display, perform, copy, disclose or create derivative works of the Popu Services except as expressly permitted herein; (iii) reverse engineer, decompile, disassemble, mimic, screen-scrape, frame or mirror the Popu Services or Popu Link Metrics, or use any other means to attempt to discover their source code except as expressly permitted herein; (iv) benchmark, encumber, distribute, sublicense, assign, share, sell, rent, lease, pledge or otherwise transfer the Popu Services or Popu Link Metrics to any third party; (v) transmit harmful, disabling or malicious code or devices, or infringing, defamatory, unlawful, tortious, deceptive, misleading, fraudulent, abusive, indecent or otherwise offensive content, or content that contains someone’s personal information or violates a third party’s intellectual property, privacy or publicity rights (“Prohibited Content”) through the Popu Services; (vi) access via automated or unauthorized means, interfere with, disrupt or attempt to monitor, override access or circumvent security measures for, the Popu Services or Popu Link Metrics or related systems, including via robots, spiders and other electronic methods; and (vii) obscure, remove or alter any proprietary rights or other notices on the Popu Services or Popu Link Metrics. Notwithstanding anything to the contrary herein, Popu may, in its sole discretion, immediately revoke the grant of rights if Customer breaches or threatens to breach the restrictions in this Section or creates other security or legal concerns. Customer hereby agrees that Popu will be entitled, in addition to any other remedies available to it at law or in equity, to injunctive relief to prevent the breach or threatened breach of Customer’s obligations under this Section, without any requirement to demonstrate irreparable harm or post a bond.
Open Source Software/ Third Party Materials. Popu Services may incorporate software that is subject to terms that, as a condition of use, copying, modification or redistribution, require such software and derivative works thereof to be disclosed or distributed in source code form, to be licensed for the purpose of making derivative works, or to be redistributed free of charge (“Open Source Software”). To the extent any Open Source Software license terms are inconsistent with this Agreement, then such rights in the applicable Open Source Software license shall take precedence over the rights granted in this Agreement, but solely with respect to such Open Source Software. Any applicable Open Source Software license is solely between Customer and the applicable licensor of the Open Source Software and Customer shall comply with the applicable Open Source Software license. Popu Services may utilize third party software or source code, including without limitation Open Source Software (“Third Party Materials”). Popu has no control over Third Party Materials. Accordingly, Popu is not responsible or liable for any Third Party Materials. While Popu has no obligation to monitor Third Party Materials, Popu may remove or modify such Third Party Materials in its discretion, including without limitation to comply with Law. Customer agrees to comply with all terms and conditions and privacy policies related to any Third Party Materials.
General. The failure of Popu to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Popu. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
Termination. Popu may terminate this Agreement immediately in its discretion. Upon expiration or termination of this Agreement, all applicable rights and access granted to Customer shall automatically terminate and Customer and its Personnel shall cease any further use of the Popu Services and return, or, if directed by Popu, destroy, all Confidential Information of Popu. Any Section of this Agreement which by its nature would survive such expiration or termination shall so survive.
DISCLAIMERS. Popu services are provided “as is” and “as available” without warranty of any kind, express or implied, including, but not limited to, the implied warranties of title, non-infringement, merchantability and fitness for a particular purpose, and any warranties implied by any course of performance or usage of trade, all of which are expressly disclaimed. Popu does not warrant that: (i) the Popu services will be secure or available at any particular time or location; (ii) shortened urls, the Popu services and Popu link metrics will be accurate, error-free or that any defects or errors will be corrected; (iii) the Popu services are secure, free of viruses or other harmful components; (iv) the results of using the Popu services or Popu link metrics will meet customer’s requirements or any of its or its users’, personnel’s or customers’ business needs; or (v) the Popu services will be uninterrupted or that any interruption will be corrected in a timely manner. Customers use of the Popu services and Popu link metrics is solely at its own risk. Further, Popu makes no representations or warranties and shall assume liability amounts or indemnity obligations with respect to ensuring that customer’s use of the Popu services and Popu link metrics comply with any laws or regulations outside the country and customer shall be solely liable for such compliance. Popu shall bear no responsibility for third party products or services (e.g., open source software, social media platforms, third party materials or for host or app store providers). Customer recognizes that the figures contained in the Popu link metrics produced hereunder are estimates and may be subject to statistical error. Popu does not warrant that the Popu link metrics will be completely correct, accurate, timely or otherwise reliable. Popu hereby disclaims any liability for any use or reliance on the Popu link metrics by customer and third parties.
LIABILITY LIMITATION. In no event shall Popu be liable under contract, tort, strict liability, negligence or any other legal or equitable theory with respect to the Popu services, Popu link metrics or otherwise hereunder for any claim related to (i) any lost profits, data loss, cost of procurement of substitute goods or services, or special, indirect, incidental, punitive, compensatory, or consequential damages of any kind whatsoever (however arising); (ii) any bugs, viruses, trojan horses, or the like (regardless of the source of origination); (iii) any permanent or temporary cessation in the provision of the Popu services; (iv) the deletion of, corruption of, or failure to store, any customer content and other data maintained or transmitted by or through customer’s use of the Popu services; (v) customer’s failure to provide Popu with accurate account or other information; (vi) any liability resulting from customer’s failure to keep its password or account details secure and confidential; (vii) customer’s failure to access the Popu services due to malfunction(s) in equipment, infrastructure, system, or the network used by customer; or (viii) amounts for all claims hereunder in the aggregate in excess of US$100.00.
Contact us. If you have any questions about these Terms, please contact us.