Popup Wizard

Legal

Terms of Service

These Terms of Service govern your access to and use of Popup Wizard, operated by Exaltation Technologies Private Limited. By signing up or using Popup Wizard on any website, Shopify, or Wix, you agree to these terms.

1. Acceptance of Terms

By installing, accessing, or using Popup Wizard (the “Service”), you confirm that you are at least 18 years old, have the authority to bind the business on whose behalf you are acting, and agree to be bound by these Terms. If you do not agree, do not use the Service.

2. Description of Service

Popup Wizard is a popup marketing application available on any website via an embed script, as well as on the Shopify App Store and Wix App Market. It allows merchants and site owners to create, target, display, and analyse popup campaigns on their websites. Features include AI-assisted popup generation, bar and modal popup types, exit-intent and rule-based triggers, lead capture, conversion analytics, and integrations with third-party platforms such as Klaviyo.

3. Accounts and Access

Your account is created automatically when you install the app through Shopify or Wix. You are responsible for all activity that occurs under your account. You must notify us immediately at [email protected] if you become aware of any unauthorised use.

4. Merchant Obligations

  • Lawful use — You must use the Service in compliance with all applicable laws and regulations, including those relating to data protection, email marketing (CAN-SPAM, CASL, GDPR), and consumer protection.
  • Campaign content — You are solely responsible for the content, offers, and disclosures in your popup campaigns. You must not display misleading, deceptive, or illegal content.
  • Lead data — You are the data controller for any personal data captured through your popup forms (email addresses, names, phone numbers, etc.). You must have a lawful basis for collecting that data and a compliant privacy policy on your storefront.
  • Integration credentials — Any API keys or credentials you provide for third-party integrations (e.g. Klaviyo) are your responsibility to keep secure.

5. Prohibited Use

You agree not to:

  • Use the Service to distribute spam, malware, or harmful content.
  • Attempt to reverse-engineer, decompile, or extract source code from the Service.
  • Use the Service in a way that could damage, disable, or impair its operation.
  • Resell or sublicense the Service without prior written consent from Exaltation Technologies Private Limited.
  • Circumvent plan limits, usage caps, or billing controls.

6. Billing and Subscriptions

Popup Wizard is available on a Free plan and a paid Growth plan ($9/month or $90/year). Paid subscriptions for Shopify merchants are billed through Shopify’s native billing system. Paid subscriptions for Wix merchants are billed through the Wix billing system. Paid subscriptions on the web platform are billed through our payment provider (Paddle). Each platform’s billing terms apply to charges processed through that platform.

Subscriptions renew automatically at the end of each billing period unless cancelled before renewal. You may cancel at any time through your Shopify admin, Wix dashboard, or Popup Wizard account settings, depending on how you subscribed. Cancellation takes effect at the end of the current billing period.

Accounts on the Free plan are subject to a monthly impression limit. If your account exceeds the limit, campaign display may be suspended until usage resets at the start of the next billing cycle. You will be notified by email before and when suspension occurs. For refund terms, see Section 7 — Refunds.

7. Refunds

Except as expressly stated in this section or as required by applicable law, all fees paid for Popup Wizard paid plans are non-refundable and non-cancellable, including if you cancel your subscription, downgrade your plan, or stop using the Service before the end of a billing period.

  • No partial refunds — We do not provide refunds or credits for unused time, partial months, or unused features within a billing period.
  • Cancellation — Cancelling a subscription prevents future charges but does not entitle you to a refund for fees already paid for the current billing period.
  • Free plan — The Free plan does not involve payment and is not eligible for refunds.
  • Billing errors — If you believe you were charged in error (for example, a duplicate charge), contact us at [email protected] within fourteen (14) days of the charge. We will review legitimate billing errors at our discretion. We do not offer refunds for change of mind, dissatisfaction with results, or failure to cancel before renewal.
  • Platform policies — Where Shopify, Wix, Paddle, or applicable law requires a refund, that requirement applies in addition to these Terms.

8. Intellectual Property

Exaltation Technologies Private Limited retains all rights, title, and interest in the Service, including its software, design, and documentation. Nothing in these Terms transfers any intellectual property rights to you. You retain ownership of your campaign content and lead data.

9. Data and Privacy

Our collection and use of personal data in connection with the Service is described in our Privacy Policy. By using the Service, you agree to the terms of the Privacy Policy. We comply with Shopify’s and Wix’s mandatory data handling requirements, including GDPR data deletion and customer data request webhooks.

10. Third-Party Services

The Service may integrate with third-party platforms (Klaviyo, custom webhooks, etc.) at your direction. Exaltation Technologies Private Limited is not responsible for the availability, accuracy, or practices of any third-party service. Your use of third-party services is governed by their respective terms.

11. Disclaimers

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, EXALTATION TECHNOLOGIES PRIVATE LIMITED AND ITS OFFICERS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING UNDER THESE TERMS WILL NOT EXCEED THE FEES PAID BY YOU TO US IN THE THREE MONTHS PRECEDING THE CLAIM.

13. Termination

You may terminate your use of the Service at any time by uninstalling the app from your Shopify or Wix account. We may suspend or terminate your access if you violate these Terms or if required by the platform (Shopify or Wix). Upon termination, your campaign data will be retained for 30 days before deletion unless you request earlier deletion.

14. Changes to These Terms

We may update these Terms from time to time. We will notify you of material changes by email or through an in-app notice. Continued use of the Service after the effective date of updated Terms constitutes your acceptance of those changes.

15. Governing Law

These Terms and any dispute arising out of or in connection with them will be governed by the laws applicable to the principal place of business of Exaltation Technologies Private Limited, without regard to conflict of law provisions. Both parties agree to first attempt to resolve any dispute through good-faith negotiation. If the dispute cannot be resolved informally within 30 days, it shall be submitted to binding arbitration under mutually agreed rules.

16. Contact

Questions about these Terms can be sent to [email protected].