Terms of Service

1. Who we are

BetterPopup is operated by Digitonica SRL, a company incorporated in Romania and registered with the Romanian Trade Register under number J18/1195/2022, fiscal code (CUI) 46142569, with its registered office at Str. Dr. Victor Gomoiu, Craiova, Dolj, Romania. Digitonica SRL is not registered for VAT (neplătitor de TVA).

In these terms, "BetterPopup", "we", "us" and "our" mean Digitonica SRL. "You" means the person or company using the service. You can reach us at [email protected] or on +40 756 029 780.

These terms form a binding agreement between you and us. You accept them by creating an account, installing our app from the Shopify App Store, or using the service in any other way. If you do not agree with them, please do not use the service.

2. Definitions

• Service — the BetterPopup platform: the dashboard, the popup builder, the embed script, our APIs, and any related software, documentation and support we provide.
• Your site — a website, store or domain on which you install the embed script.
• Visitor — a person who visits your site and may be shown a popup.
• Subscriber data — the email addresses, phone numbers, consent records and related information that visitors submit through your popups.
• Your content — the text, images, logos, offers, discount codes and other material you put into your popups and your account.
• Basic plan — self-serve access to the platform. Managed plan — the same platform plus the campaign-build and optimisation services described in section 11.

3. The service

BetterPopup lets you design, target, test and measure popups and other on-site campaigns, and route the signups they collect into your email and SMS tools. It works on Shopify, WooCommerce and any website that can load a script tag.

We improve the service continuously and may add, change or remove features. If we intend to remove or materially reduce a feature that is core to a paid plan, we will give you reasonable advance notice by email. Beta or clearly labelled experimental features are provided as is, may change without notice, and can be withdrawn at any time.

Some parts of the service depend on third parties — your hosting provider, Shopify, your email or SMS provider, and the browsers and devices your visitors use. We are not responsible for those systems and cannot guarantee how they behave.

4. Accounts and eligibility

You must be at least 16 years old to create an account, and the details you register with must be accurate and kept up to date. The service is intended for business use.

You are responsible for keeping your credentials secure and for everything that happens under your account, including actions taken by team members you invite. Tell us promptly at [email protected] if you believe your account has been accessed without your permission.

If you use BetterPopup on behalf of a company or other organisation, you confirm you are authorised to accept these terms on its behalf, and "you" includes that organisation.

5. Plans, pricing and billing

How pricing works

Paid plans are priced by the number of unique monthly visitors to your site, not by feature. The platform features included in your plan are described on our pricing page at the time you subscribe.

If you exceed the visitor tier you are on, your popups keep running — we do not charge automatic overage fees. We will let you know that you have outgrown your tier and ask you to move to the appropriate one. If your traffic stays above your tier after we have asked you to upgrade, we may move you to the correct tier at the start of a following billing period, with at least 14 days' notice by email.

Payment and renewal

Subscriptions are billed in advance through our payment provider, Stripe, or — if you installed through Shopify — through Shopify Billing, and renew automatically for the same period until cancelled. Monthly plans renew monthly; annual plans renew annually. Where an annual discount is advertised, it applies for as long as you remain on an annual plan.

You can cancel at any time from your dashboard. Cancellation takes effect at the end of the billing period you have already paid for, and you keep access until then. Prices exclude any applicable taxes unless stated otherwise.

If a renewal payment fails and is not resolved after we have contacted you, we may suspend paid features or downgrade the account. We will not delete your data because of a failed payment without notice — see section 15.

Price changes

We may change our prices. If a change affects a plan you are on, we will give you at least 30 days' notice by email before it applies to your next renewal, so you can cancel first if you prefer.

6. Free trial and refunds

Every plan starts with a free trial. We collect your card details when the trial begins so that your subscription can continue without interruption, but we do not charge you during the trial. When the trial ends the subscription renews automatically at the plan price shown at checkout, and continues to renew each billing period until you cancel. You can cancel at any time from your billing settings — cancel before the trial ends and you are not charged at all. The trial is your opportunity to build your popups, publish them and see the results before paying anything — please use it to decide whether BetterPopup is right for you.

Because of that trial, payments for subscription periods that have begun are generally non-refundable, and we do not refund partial periods after a cancellation or downgrade. Requests outside that rule are reviewed case by case and granted at our discretion — if something has gone wrong, write to [email protected] and we will look at it properly.

If you dispute a charge with your bank or card issuer before contacting us, we may suspend the account while the dispute is resolved. We would much rather you emailed us first.

7. Acceptable use

You may not use BetterPopup to:

• display content that is illegal, fraudulent, defamatory, obscene, harassing, or that infringes anyone's intellectual property or privacy rights;
• deceive visitors about who you are, what they are signing up for, what an offer is worth, or where a link leads — including fake countdown urgency you do not honour, or making the dismiss control hard to find or non-functional;
• run popups on a site you do not own or are not authorised to operate, or install the embed script on a site without the site owner's permission;
• collect personal data from visitors without a lawful basis, without the disclosures the law requires, or in breach of section 9;
• distribute malware, mine cryptocurrency, or use popups to deliver unrelated advertising networks or trackers;
• probe, overload or disrupt the service, attempt to access another customer's data, circumvent plan limits or access controls, or scrape the platform;
• reverse-engineer the service except to the extent that restriction is prohibited by law, or resell, sublicense or white-label it without our written consent.

We may remove content, disable individual popups, or suspend or close accounts that breach this section. We will give notice where it is practical to do so, but may act immediately where needed to protect visitors, other customers, or the service itself.

8. Your content and your popups

You keep full ownership of your content. You grant us a worldwide, non-exclusive, royalty-free licence to host, store, process, adapt for display, and transmit that content solely to operate the service for you — for example resizing an image so it renders correctly on a phone. This licence ends when you delete the content or close your account.

You are responsible for your content and confirm you hold the rights needed to use it, including rights to any images, fonts, logos and copy you upload. The popups you build are yours to use commercially.

Our templates are provided for use within the service. You may adapt them freely for your own campaigns; you may not extract, redistribute or resell the template library itself.

We may use your name and logo to identify you as a customer on our website and in marketing materials. If you would rather we did not, email [email protected] and we will stop.

9. Your subscribers and your data-protection duties

Because you are the controller, you are responsible for:

• having a lawful basis to collect and use subscriber data, and giving visitors the information the law requires — including a privacy notice on your own site;
• obtaining valid consent where it is required, and keeping consent genuinely optional, specific and freely given. Do not pre-tick consent boxes or bundle marketing consent into an unrelated action;
• honouring unsubscribe and opt-out requests promptly, and not mailing people who have withdrawn consent;
• complying with the marketing rules that apply to you — including the GDPR and the ePrivacy rules in the EU and UK, CAN-SPAM in the United States, CASL in Canada, and, for text-message marketing, the TCPA and carrier requirements. SMS marketing in particular requires express written consent and clear disclosure of message frequency and rates;
• configuring cookie and consent behaviour on your own site so that our embed script runs consistently with the choices your visitors have made.

We give you tools to help — a consent line in the builder, optional double opt-in confirmation, and a stored consent record on every capture — but the tools do not make you compliant by themselves, and we cannot give you legal advice about your obligations.

Our own handling of personal data is described in our Privacy Policy.

10. Third-party integrations

The service connects to third-party platforms you choose, such as Klaviyo, Mailchimp, Omnisend, Attentive, Postscript, Drip and Shopify. When you connect one, you authorise us to exchange data with it on your behalf — typically sending captured signups into the list or audience you select.

Those platforms are controlled by their own providers under their own terms and privacy policies, not ours. We are not responsible for their availability, their pricing, how they use data once it reaches them, or changes they make to their APIs. If a provider changes or withdraws an API, an integration may stop working, and we may have to change or remove it.

You are responsible for having the right to connect the accounts you connect, and for the credentials and access tokens you supply. You can disconnect an integration at any time from your dashboard.

11. Managed plans and professional services

On Managed plans we design, launch and optimise campaigns for you. The following applies to that work in addition to everything else in these terms.

Scope and delivery

• Work is agreed in advance in a brief. We start building once you approve the brief, and each build includes two rounds of revisions.
• Changes that go beyond the approved brief count as new work. Please request revisions within ten business days of delivery.
• Deliverables included in a billing period do not roll over to the next one if unused.
• We depend on you for timely feedback, access and accurate information. Where a delay is caused by waiting on you, delivery dates move accordingly.
• Where we cannot deliver something we committed to in a period, our responsibility is to reschedule it or provide it in the next period, rather than to refund fees.

Recommendations are advisory

Our recommendations on design, targeting, copy and offers are advice. You keep sole authority over what goes live on your site, and you are responsible for reviewing and approving it — including for compliance with the rules in section 9.

We do not guarantee any specific conversion rate, list-growth figure, revenue or other outcome. Results depend on your traffic, offer, product, pricing and market. Nothing we provide is legal, tax or regulatory advice. Services are delivered in English unless we agree otherwise.

12. Availability, maintenance and support

We use commercially reasonable efforts to keep the service available and to keep the embed script fast and lightweight on your site. We do not commit to a specific uptime percentage.

We may carry out maintenance, and will try to schedule anything disruptive outside peak hours and to give notice where we reasonably can. Availability also depends on systems outside our control — hosting and network providers, CDNs, Shopify, your own site, and your visitors' browsers and devices.

Support is provided by email at [email protected]. We aim to respond within one business day; Managed plans receive priority handling.

13. Our intellectual property

The BetterPopup platform, software, embed script, templates, design, documentation, and the BetterPopup name and logo are and remain our property and that of our licensors. These terms grant you a limited, non-exclusive, non-transferable right to use the service while your account is active and in good standing — they do not transfer any ownership to you. If you send us feedback or suggestions, we may use them to improve the service without obligation to you.

14. Confidentiality

Each of us may receive information from the other that is not public and should reasonably be treated as confidential — your campaign performance and business plans, our non-public technical and commercial information. Each of us agrees to use the other's confidential information only to perform this agreement, to protect it with at least reasonable care, and not to disclose it except to people who need it and are bound by similar obligations. This does not apply to information that is or becomes public through no fault of the recipient, was already known without restriction, or must be disclosed by law — in which case we will tell you where we are legally permitted to.

15. Suspension, termination and what happens to your data

You can stop using the service or delete your account at any time from your account settings. Uninstalling our Shopify app has the same effect for a Shopify store.

We may suspend or terminate your account for a material breach of these terms, for illegal use, for unresolved non-payment, or where the law requires it. Except where a breach requires immediate action, we will tell you what the problem is and give you a reasonable chance to fix it first.

When an account is closed, its popups stop being served on your site. Export anything you want to keep before you close it — your subscriber list is available to export from the dashboard at any time while the account is open. After closure we erase associated personal data as described in our Privacy Policy and the DPA, except where we are required to retain records — for example billing documents under Romanian accounting law.

Sections that by their nature should survive termination do so — including sections 12 to 14 and 16 to 19.

16. Disclaimers

To the extent permitted by law, the service is provided "as is" and "as available". We do not warrant that it will be uninterrupted, error-free, or that it will produce any particular commercial result.

We do not review or monitor the content our customers publish through their popups, and we are not responsible for it or for the destinations it links to. Analytics, A/B test outcomes and audience estimates are provided for guidance; they depend on data from browsers and third parties and may be incomplete or approximate.

Nothing here excludes any warranty or right that cannot be excluded under applicable law, including the statutory rights of consumers.

17. Limitation of liability

To the maximum extent permitted by law, we are not liable for indirect or consequential loss, loss of profits, revenue, goodwill, anticipated savings, or loss or corruption of data arising from your use of the service.

Our total aggregate liability arising out of or relating to this agreement is limited to the greater of the amounts you paid us in the twelve months before the event giving rise to the claim, or €100.

These limits do not apply to liability for intent or gross negligence, for death or personal injury, for fraud, or to any other liability that cannot be limited or excluded under applicable law. If you are a consumer, your mandatory statutory rights are unaffected.

18. Indemnity

You agree to defend and indemnify us against third-party claims, and reasonable costs and damages arising from them, that result from your content, from your use of the service in breach of these terms or of applicable law, or from your handling of subscriber data in breach of section 9. We will tell you promptly about any such claim, let you control the defence of it, and give you reasonable cooperation. This section does not apply to consumers.

19. Changes to these terms

We may update these terms as the service and the law develop. For material changes we will give reasonable advance notice — at least 14 days by email to account owners, or a prominent notice in the service — and we will update the date at the top of this page. If you continue using the service after a change takes effect, you accept the updated terms. If you do not accept them, you may cancel before they take effect.

20. Governing law and disputes

These terms are governed by the laws of Romania and applicable European Union law. If you are a consumer, you also keep the protection of any mandatory provisions of the law of the country where you live.

If something goes wrong, please contact us first at [email protected] — the large majority of disputes are resolved quickly that way. Disputes that cannot be settled amicably are submitted to the competent courts of Romania.

Consumers in the EU may also use the European Commission's online dispute resolution platform, and may bring proceedings in the courts of their own country of residence.

21. General

• Entire agreement — these terms, the Privacy Policy, the DPA and any order form or plan description you accept form the whole agreement between us on this subject.
• Severability — if a provision is found invalid, the rest stays in force and the invalid part is applied as closely as possible to its original intent.
• No waiver — if we do not enforce a right immediately, we do not lose it.
• Assignment — you may not assign this agreement without our written consent. We may assign it to an affiliate or in connection with a merger, acquisition or sale of assets, on notice to you.
• Force majeure — neither of us is liable for delay or failure caused by events beyond reasonable control.
• Notices — we send notices to the email address on your account; you send them to [email protected]. Keep your address current.

22. Contact

Questions about these terms:

Digitonica SRL
Str. Dr. Victor Gomoiu
Craiova, Dolj, Romania
CUI 46142569 · Trade Register J18/1195/2022
General: [email protected]
Support: [email protected]
Privacy: [email protected]