Terms of Service

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

1. Service Description

PopSmart AI Upsell & Bundles is a Shopify campaign application. Merchants configure offer mechanics, products, pricing rules, one delivery placement, and storefront copy, save new campaigns as drafts, and activate them after readiness requirements are complete. The Service includes:

• Bundle, FBT, cross-sell, upsell, quantity break, BOGO, free gift, and mix-and-match campaigns
• Product page, cart, Storefront Agent, checkout, and post-purchase delivery placements, subject to Shopify and plan availability
• Draft creation, readiness checks, merchant-controlled activation, editing, pausing, and reporting
• Campaign Styles for product-page and cart widgets, and separate Appearance and Behavior controls for the Storefront Agent
• Impression, click, add-to-cart, order, and attributed-revenue analytics

2. Account and Access

To use PopSmart AI Upsell & Bundles, you must have an active Shopify store. You install the Service through the Shopify App Store and authorize access to store data via Shopify OAuth. You are responsible for your Shopify account and merchant-configured campaigns. Checkout delivery requires Shopify Plus; live post-purchase delivery may require Shopify approval.

3. Plans and Pricing

The Service offers FREE ($0), STARTER ($9/month), GROWTH ($29/month), and PRO ($79/month) plans based on monthly attributed-revenue bands. Eligible first paid subscriptions include a 14-day trial. Current subscription terms are shown in Shopify before you approve any charge. Billing is processed through Shopify's billing API. Prices are in USD and exclude applicable taxes.

3.1 Attributed Revenue

Plan bands use monthly revenue attributed to PopSmart campaigns. FREE includes up to $200, STARTER up to $1,000, GROWTH up to $5,000, and PRO has no attributed-revenue cap.

3.2 Plan Changes

The Service uses only the recurring plan charge shown in Shopify. Shopify displays any plan change for merchant approval before it takes effect.

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 the Service to create deceptive, misleading, or fraudulent offers or 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

The Service provides AI-assisted workflows, including optional Storefront Agent message rewriting. Merchants remain responsible for campaign configuration, activation, and review:

• 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 AI Upsell & Bundles is also governed by our Privacy Policy. By using the Service, you consent to our data practices as described therein.

8. Intellectual Property

PopSmart AI Upsell & Bundles 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 through an appropriate channel before taking effect. Continued use of the Service 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

These Terms of Service ("Terms") are a legal agreement between the Shopify merchant accepting them ("Merchant" or "you") and MadmanStudio, operator of the PopSmart brand ("PopSmart", "we", "us", or "our"), governing the Merchant's installation and use of PopSmart Size Chart Fit Finder (the "App" or "Service"). By installing the App, approving a paid plan, or using the Service, you represent that you have authority to bind the Merchant and agree to these Terms.

The storefront size chart and fit finder are made available by the Merchant to its shoppers. The Merchant is responsible for its storefront terms and notices. A shopper does not become a party to these Merchant-facing Terms solely by viewing or using the storefront features; shopper information is handled as described in the Privacy Policy and under the Merchant's applicable terms and notices.

1. The Service

PopSmart Size Chart Fit Finder helps Shopify merchants:

• Create, import, edit, publish, style, and assign size charts to products
• Use optional AI-assisted Smart Chart tools to extract draft measurements from merchant-provided files or text
• Display size charts and an optional fit finder on the online storefront
• Provide advisory clothing or shoe size recommendations from shopper-selected inputs
• Allow a logged-in shopper to choose whether to save a store-scoped size profile
• View store-scoped, aggregated size, recommendation, funnel, fit-feedback, order, and return analytics when the required Shopify data access is available
• Use supported Shopify Flow, Sidekick, theme, and Web Pixel integrations

Features that depend on Shopify approval, a compatible theme, a supported Shopify plan or surface, merchant configuration, or a third-party provider are available only when those prerequisites are met. Protected order, fulfillment, and refund processing is unavailable unless Shopify approves the required access.

2. Eligibility, Account, and Authority

You must maintain an active Shopify store, complete Shopify authentication, and provide accurate account and billing information. You are responsible for the security of your Shopify account, the permissions granted to staff, all activity performed through your store, and keeping your notification email current.

You may use the App only for a store you own or are authorized to administer. You may not share App credentials, signed storefront tokens, or access outside the store for which they were issued.

3. Merchant Responsibilities

The Merchant is responsible for:

• Reviewing every size chart, conversion, product assignment, AI-assisted draft, and storefront placement before publication
• Providing accurate measurements and product information and promptly correcting inaccurate or outdated content
• Testing the App on its published theme and maintaining a compatible Shopify storefront
• Providing shoppers with any legally required privacy notice, cookie or tracking choice, consent request, and method to exercise data rights
• Having a lawful basis for customer and order processing and requesting only the Shopify data access necessary for enabled features
• Handling sales, fulfillment, returns, refunds, product claims, and shopper support for products sold by the Merchant
• Ensuring that staff, contractors, and shoppers use the App consistently with these Terms and applicable law

4. Shopper Inputs and Recommendations

The fit finder may process height, weight, sizing category or gender selection, usual size, fit preference, reference brand or shoe size, and fit feedback. A shopper may choose whether to save a profile to the App for the Merchant's store. The Merchant must not require a shopper to save a profile as a condition of buying a product unless permitted by law.

Recommendations are estimates generated from the information supplied, available product and sizing data, and statistical rules. Bodies, products, materials, brands, and preferences vary. The App does not guarantee fit, comfort, appearance, conversion, reduced returns, or any commercial result. Recommendations are not medical advice and must not be used for health, credit, employment, insurance, eligibility, pricing, or another legal or similarly significant decision.

5. Plans, Trials, Billing, and Quotas

The App may offer a Free plan and paid subscription plans on monthly or annual intervals. Current prices, included features, recommendation and Smart Chart limits, trial availability, taxes, and billing intervals are shown in the App and in Shopify's charge-approval screen before you approve a charge. If those surfaces differ, the terms shown in Shopify's approval screen for the charge you accept control that charge.

• Paid plans are billed through the Shopify Billing API in United States dollars unless Shopify displays another arrangement.
• A first-time eligible paid subscription may include a 14-day trial as displayed at approval. A trial is not guaranteed for reinstallations, repeat subscriptions, or ineligible stores.
• Annual plans, when offered, are charged upfront at the displayed annual price.
• Recommendation and Smart Chart allowances reset according to the period shown in the App. We do not charge usage overages unless a new overage arrangement is expressly presented and approved through Shopify.
• If a quota is exceeded, the affected feature may be limited, paused after any displayed grace period, or restored on upgrade or the next reset. Existing published charts may remain visible even when new publication or recommendation activity is limited.
• Shopify processes charges, taxes, payment instruments, and billing authorization. We do not receive payment-card or bank-account details.

6. Plan Changes, Cancellation, and Refunds

You may change plans in the App or cancel by switching to Free or uninstalling the App. Unless Shopify's approval screen or mandatory law states otherwise, plan and billing-interval changes take effect when Shopify processes the replacement, and a switch to Free stops future renewals and changes App entitlements immediately.

Refunds, credits, proration, and billing disputes are handled under the terms shown at purchase, Shopify's applicable billing policies, and mandatory law. Except where required by law or expressly agreed by us, amounts already charged for a completed billing period are non-refundable. Contact team@popsmart.ai promptly with a billing concern so we can investigate and, where appropriate, coordinate with Shopify.

7. Merchant Content and License

"Merchant Content" includes chart measurements, labels, text, product information, images, files, URLs, videos, support attachments, and other material submitted to or selected for use with the App. As between you and PopSmart, you retain your rights in Merchant Content.

You grant PopSmart a limited, non-exclusive, worldwide, royalty-free license to host, copy, transform, transmit, and display Merchant Content only as necessary to provide, secure, support, and improve the Service for your store. This license ends when the content is deleted from the Service, except for transient backups, legally required records, and de-identified information.

You represent that you have all rights and permissions needed for Merchant Content and for our processing of it. AI-assisted Smart Chart output is a draft derived from Merchant Content. You are responsible for reviewing it and for any rights, accuracy, or safety issues in the published result.

8. Acceptable Use

You must not, and must not permit anyone to:

• Use the App unlawfully, deceptively, or in violation of Shopify's policies or another platform's terms
• Publish knowingly false, unsafe, discriminatory, or materially misleading size or product information
• Use supported sizing inputs to diagnose health conditions or infer biometric identity, or collect health, biometric-identifier, payment, government-identifier, or other sensitive information through chart fields, support content, or modified storefront requests
• Use shopper size information or recommendations for advertising profiles, cross-merchant tracking, or significant eligibility decisions
• Upload content that infringes intellectual-property, privacy, publicity, confidentiality, or other rights
• Probe, bypass, disable, overload, scrape, reverse engineer, decompile, or interfere with the Service, its authentication, quotas, rate limits, or security controls, except to the extent a restriction is prohibited by law
• Sell, sublicense, rent, or provide the Service as a standalone product without our written permission
• Introduce malware or use automated activity that creates unreasonable load or circumvents plan limits

9. Privacy and Data Processing

Our Privacy Policy describes the App's data practices and is incorporated into these Terms. For customer personal data ("Covered Data") processed on the Merchant's behalf under this DPA, the Merchant instructs us to process Covered Data only to provide and secure the Service, comply with law, and follow documented instructions consistent with these Terms.

Data processing terms. To the extent data-protection law treats PopSmart as the Merchant's processor or service provider, this Section 9 and the Privacy Policy form the parties' data processing agreement ("DPA"). The subject matter is PopSmart's provision of the Service; the duration is the Merchant's use of the Service plus the deletion and legally required retention periods; and the nature, purposes, data types, and categories of data subjects are described in the Privacy Policy.

For that processing, PopSmart will:

• Process Covered Data only on the Merchant's documented lawful instructions, including these Terms and ordinary use of configured App features, unless applicable law requires otherwise
• Ensure personnel authorized to process Covered Data are subject to confidentiality obligations and apply appropriate technical and organizational security measures
• Provide reasonable assistance with data-subject requests, security incidents, data-protection impact assessments, and regulator consultations, taking into account the nature of processing and information available to us
• Notify the Merchant without undue delay after confirming a personal-data breach affecting data processed on the Merchant's behalf
• Delete or return Covered Data at the end of the Service, at the Merchant's choice where technically available, unless law requires retention
• Make information reasonably necessary to demonstrate these obligations available to the Merchant and support proportionate audits, subject to confidentiality, security, and reasonable scope and frequency limits

The Merchant gives general authorization for the subprocessors and processing channels identified in the Privacy Policy. We will remain responsible for their performance of applicable data-protection obligations and provide reasonable advance notice of a material new subprocessor so the Merchant can raise a good-faith data-protection objection. We will use a lawful transfer mechanism where required for a restricted international transfer. The Merchant remains responsible for the lawfulness of its instructions, notices, and legal basis.

The Merchant is the primary point of contact for its shoppers' privacy requests. We will provide reasonable assistance through Shopify's mandatory privacy webhooks and our documented deletion and export workflows. If the Merchant reasonably requires a separately signed DPA or applicable standard contractual clauses, contact us at team@popsmart.ai.

10. Third-Party and Shopify Services

The App interoperates with Shopify and may use cloud hosting, storage, email, AI-processing, and size-recommendation providers. Your use of Shopify and any merchant-selected third-party service remains subject to that provider's terms. We are not responsible for a third party's independent service, policy, outage, change, or decision, but we remain responsible for our obligations concerning providers acting on our behalf.

11. PopSmart Intellectual Property

The Service, including its software, interfaces, chart renderer, recommendation workflow, documentation, designs, and PopSmart names and marks, is owned by PopSmart or its licensors and protected by intellectual-property law. Subject to these Terms, we grant the Merchant a limited, revocable, non-exclusive, non-transferable right to use the Service for its own Shopify store during the subscription term. No other license is granted.

Feedback is voluntary. You grant us a perpetual, worldwide, royalty-free right to use feedback without identifying you or disclosing confidential information.

12. Service Changes and Availability

We may maintain, update, add, limit, or discontinue features. We will provide reasonable notice through the App or email when a material change adversely affects a paid Service, unless immediate action is needed for security, legal compliance, provider failure, or platform compatibility.

We aim to operate the Service reliably but do not promise uninterrupted or error-free availability. Shopify, theme, internet, browser, and third-party-provider changes may affect functionality. You are responsible for retaining source copies of Merchant Content and for testing critical storefront changes.

13. Suspension and Termination

You may stop using the Service at any time. We may suspend or terminate access if you materially breach these Terms, fail to pay an approved charge, create security or legal risk, abuse the Service, or if Shopify disables the App or your store. Where reasonably possible, we will give notice and an opportunity to cure before termination.

After termination or uninstall, access ends and data is retained or deleted according to the Privacy Policy, Shopify's required shop/redact process, and applicable law. Sections that by their nature should survive — including payment obligations, intellectual property, disclaimers, liability limits, indemnity, and dispute provisions — remain effective.

14. Disclaimers

To the fullest extent permitted by law, the Service is provided "as is" and "as available." We disclaim all express, implied, and statutory warranties, including merchantability, fitness for a particular purpose, title, non-infringement, and any warranty arising from course of dealing or usage of trade.

Without limiting the foregoing, we do not warrant that a chart, conversion, AI-extracted value, recommendation, placement, analytics result, or integration will be accurate, complete, compatible with every product or theme, or produce a particular sales or return outcome. Nothing in these Terms excludes a warranty or right that cannot lawfully be excluded.

15. Limitation of Liability

To the maximum extent permitted by law, PopSmart and its suppliers will not be liable for indirect, incidental, special, exemplary, consequential, or punitive damages, or for loss of profits, revenue, goodwill, data, business opportunity, or business interruption, arising out of or related to the Service, even if advised of the possibility.

To the maximum extent permitted by law, our total aggregate liability arising out of or related to the Service or these Terms will not exceed the greater of US$100 or the fees you paid for the App during the 12 months immediately before the event giving rise to the claim. These limits do not apply to liability that cannot be limited under applicable law.

16. Indemnification

To the extent permitted by law, the Merchant will defend, indemnify, and hold harmless PopSmart and its personnel from third-party claims, damages, liabilities, and reasonable costs arising from Merchant Content, the Merchant's products or storefront, the Merchant's breach of these Terms, or the Merchant's violation of law or third-party rights. This obligation does not apply to the extent a claim results from PopSmart's breach, gross negligence, or willful misconduct.

17. Governing Law and Disputes

These Terms are governed by the laws of the Republic of Korea, without regard to conflict-of-law rules. The Seoul Central District Court will have exclusive jurisdiction over disputes arising from these Terms, unless mandatory law requires another forum. Before filing a claim, each party will make a good-faith effort for 30 days to resolve the dispute after written notice. Nothing limits a party's right to seek urgent injunctive relief or any non-waivable statutory right.

18. Changes to These Terms

We may update these Terms to reflect Service, legal, or operational changes. We will post the revised date and provide reasonable advance notice through the App or email for material changes. Changes will apply prospectively from their stated effective date. If you do not agree, you must stop using and uninstall the App before that date.

19. General

These Terms and the incorporated Privacy Policy are the entire agreement regarding the Service unless the parties sign a separate written agreement. If a provision is unenforceable, it will be enforced to the maximum lawful extent and the remaining provisions will continue. A failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them as part of a reorganization, merger, acquisition, or asset transfer. Neither party is liable for delay caused by events beyond its reasonable control.

20. Contact

Questions, notices, and support requests concerning PopSmart Size Chart Fit Finder may be sent to team@popsmart.ai.

• Business Operator: 매드맨스튜디오 (MadmanStudio)
• Representative: 가영근
• Business Registration No.: 167-79-00541
• Address: 서울특별시 구로구 가마산로25길 9, 202-S13호 (구로동, 네오팰리스), Republic of Korea
• Email: team@popsmart.ai