Definitions

Powerpop – Powerpop.ai is a service provided by Diffservices s.r.o., a limited liability company with its registered office at Rybna 716, Prague 1, 110 00, Czech Republic, registered under VAT ID: CZ05046297.

User – A natural or legal person who has agreed to these Terms and Conditions—provided that the natural person is acting in a business capacity—and is using the Services during the free trial period.

Subscriber – A natural or legal person who has agreed to these Terms and Conditions—provided that the natural person is acting in a business capacity—and has signed up for a paid subscription.

Services – Digital content [including but not limited to pop-ups (banners or windows), stickers, overlays, tooltips, and other interactive widgets], deployed via Powerpop.ai and displayed on the User’s/Subscriber’s website(s). These elements display content defined solely by the User/Subscriber, such as text, images, videos, forms, or custom logic.

Personal Account – A secured account created by the User/Subscriber, containing subscription details, payment history, and setup configurations.

Party(ies) – The User/Subscriber and/or Powerpop, jointly or individually.

Purpose

These Terms and Conditions define the mutual rights and obligations of Users/Subscribers and Powerpop in relation to the usage of the Powerpop.ai platform and its Services.

By accessing or using Powerpop.ai, you acknowledge that you have read, understood, and accepted these Terms and Conditions in full.

Account creation

To use Powerpop Services, Users must create an account by:

Entering a valid email address.
Following the on-screen instructions to complete registration.

Alternatively, login via Google authentication is also supported.

Duration

Subscriptions begin on the payment date and continue for the duration chosen (monthly or annually).

Subscriptions renew automatically unless canceled.

Financial Conditions

User Account

A paid subscription is required to use the platform.

Subscriber Account

Subscription fees are based on monthly event volume (i.e., tracked visitor interactions such as page visits or pop-up views) and are detailed on https://powerpop.ai/pricing.
If the event quota is exceeded, pop-ups are paused until the next billing cycle.
Even if pop-ups are not displayed, the subscription fee remains payable.
Subscribers are responsible for implementing the tracking script on their websites.

Payment

All prices exclude VAT. The applicable VAT is based on the Subscriber’s location and Czech law.
Payment is made via electronic methods (e.g., credit card). Invoices are available in the Personal Account dashboard.
Failure to pay results in account deactivation.

Termination

By Subscriber

Monthly subscriptions may be canceled anytime. Annual plans require cancellation at least two months before renewal. No refunds are issued for billing periods already started.

By Powerpop

Powerpop may suspend or terminate an account immediately without prior notice if the Terms are violated.
In such cases, the Subscriber remains fully responsible for payment of all events already used up to the date of termination, in accordance with the current pricing listed

Obligations of the Subscriber

Professional Use

Users/Subscribers must use the service for professional purposes and ensure all necessary legal registrations or licenses are in place in their country of operation.

Access and Security

Users are responsible for securing their login credentials and must notify Powerpop of any unauthorized access via: support@powerpop.ai

Content Responsibility

Users/Subscribers are solely responsible for the content shown in their campaigns. Illegal, offensive, misleading, or harmful content is strictly prohibited.

Obligations of Powerpop

Technical Access

Powerpop does not guarantee uninterrupted availability and may perform maintenance without liability. Delays or outages caused by third-party providers, internet issues, or force majeure are outside its control.

Account Security

Powerpop is not liable for lost or stolen credentials or unauthorized access.

Content

Powerpop does not moderate User/Subscriber content. Liability for such content remains with the User/Subscriber.

Liability

Subscriber Liability

Subscribers are considered publishers of their content and are fully responsible under applicable laws.

Powerpop Liability

Powerpop is not liable for indirect damages, such as lost profits, lost data, or reputational harm. Direct liability is limited to the total amount paid in the six months preceding the incident, and claims must be raised within two months of the issue.

Intellectual Property

Subscriber Content

Subscribers guarantee that they hold the rights for all content used and indemnify Powerpop against any third-party claims.

Powerpop’s Assets

Powerpop owns all rights to its platform, including logos, trademarks, software, and website content. Copying, reproduction, or extraction without consent is forbidden.

Client References

Subscribers grant Powerpop the right to use their brand name/logo as a reference.

Personal Data

Controller

Powerpop is the controller of personal data for account creation and billing. See Privacy Policy for details.

Processor

Powerpop acts as a data processor under Subscriber instructions when handling visitor data, in accordance with a signed Data Processing Agreement (DPA).

General Provisions

No Waiver

Failure to enforce rights does not imply a waiver.

Modifications

Powerpop may amend these Terms. Significant changes will be announced via email.

Good Faith

Both parties commit to honest collaboration and communication regarding any issues.

Severability

If any clause is deemed invalid, it will not affect the rest of the Terms.

Assignment

Powerpop may transfer this agreement to another party with notification.

Dispute Resolution

Governing Law

These Terms are governed by Czech law.

Jurisdiction

In the event of a dispute, parties will attempt amicable resolution. Failing that, disputes will be brought before the Municipal Court in Prague, Czech Republic.