Terms of Service

Last updated: March 4, 2026

These Terms of Service ("Terms") govern your use of the PopSmart application ("Service") provided by PopSmart ("we", "us", or "our"). By installing or using PopSmart, you agree to be bound by these Terms.

1. Service Description

PopSmart is an AI-powered virtual store clerk for Shopify. It observes anonymous visitor behavior on your store and delivers contextual, one-way messages through non-intrusive popovers. The Service includes:

  • Behavior-based triggers with AI-generated messages
  • Automatic product and store data synchronization
  • Self-learning optimization
  • Customizable theme, avatar, and tone settings
  • Performance analytics and merchant email reports

2. Account and Access

To use PopSmart, you must have an active Shopify store. You install PopSmart through the Shopify App Store and authorize access to your store data via Shopify OAuth. You are responsible for maintaining the security of your Shopify account.

3. Plans and Pricing

PopSmart offers Free, Starter, and Pro plans. Current pricing and plan details are available on our pricing page. All billing is processed through Shopify's billing API. Prices are in USD and exclude applicable taxes.

3.1 Interactions

An "interaction" is counted each time PopSmart generates and displays an AI message to a store visitor. Interactions are tracked per billing cycle.

3.2 Overage

On paid plans, usage beyond the included interactions is billed at the per-interaction overage rate, up to the monthly cap. You will never be charged beyond your plan's monthly cap. On the Free plan, the service pauses when the limit is reached and resumes at the next billing cycle.

4. Cancellation and Refunds

  • You may cancel your subscription at any time through the Shopify admin
  • Upon cancellation, your current plan remains active until the end of the billing period
  • Downgrades take effect at the start of the next billing period
  • Refunds are handled in accordance with Shopify's app billing policies
  • Uninstalling the app cancels your subscription

5. Acceptable Use

You agree not to:

  • Use PopSmart to send deceptive, misleading, or fraudulent messages
  • Attempt to reverse-engineer, decompile, or extract the source code of the Service
  • Interfere with or disrupt the Service's infrastructure
  • Use the Service in violation of Shopify's Terms of Service or Acceptable Use Policy
  • Resell or redistribute the Service without our written consent

6. AI-Generated Content

PopSmart uses AI to generate messages displayed to your store visitors. While we design our system to produce helpful, accurate, and non-deceptive content:

  • AI-generated messages are based on your store data and may occasionally contain inaccuracies
  • You are responsible for monitoring the messages shown on your store
  • We do not guarantee that AI-generated content will increase sales or conversions
  • Messages are constrained to reference only products and discounts that exist in your store

7. Data and Privacy

Your use of PopSmart is also governed by our Privacy Policy. By using the Service, you consent to our data practices as described therein.

8. Intellectual Property

PopSmart and its original content, features, and functionality are owned by PopSmart and are protected by copyright and other intellectual property laws. Your store data remains your property.

9. Service Availability

We strive for high availability but do not guarantee uninterrupted service. We may:

  • Perform maintenance with or without prior notice
  • Modify or discontinue features with reasonable notice
  • Suspend accounts that violate these Terms

10. Limitation of Liability

To the maximum extent permitted by law, PopSmart shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, revenue, data, or business opportunities, arising from your use of the Service.

Our total liability for any claim arising from these Terms or the Service shall not exceed the amount you paid to us in the 12 months preceding the claim.

11. Indemnification

You agree to indemnify and hold PopSmart harmless from any claims, damages, or expenses arising from your use of the Service, your violation of these Terms, or your violation of any third-party rights.

12. Changes to Terms

We may update these Terms from time to time. Material changes will be communicated via email or in-app notification at least 30 days before taking effect. Continued use of PopSmart after changes constitutes acceptance.

13. Governing Law

These Terms shall be governed by and construed in accordance with applicable law, without regard to conflict of law principles.

14. Contact

For questions about these Terms, contact us at: team@popsmart.ai