These Terms of Service ("Terms") govern your access to and use of the WebsitePopups platform and website at websitepopups.com, operated by Restaurant Logic LLC ("we," "us," or "our"). By creating an account or using the Service, you agree to these Terms.
1. Eligibility
You must be at least 18 years old and have the legal authority to enter into these Terms on behalf of yourself or your business. By using the Service, you represent that you meet these requirements.
2. Account Registration
You must create an account to use the Service. You agree to provide accurate information and to keep your login credentials confidential. You are responsible for all activity that occurs under your account. Notify us immediately at info@websitepopups.com if you believe your account has been compromised.
3. The Service
WebsitePopups provides a popup creation and management platform for restaurant websites, including tools to collect visitor email addresses, display promotional offers, and (where enabled) AI-assisted popup copywriting.
We reserve the right to modify, suspend, or discontinue any feature of the Service at any time, with reasonable notice where practicable.
4. Acceptable Use
You agree not to use the Service to:
- Collect personal information without proper consent or in violation of applicable law.
- Send unsolicited commercial messages (spam).
- Infringe any third party's intellectual property rights.
- Distribute malware or engage in any activity that disrupts or damages our systems.
- Misrepresent your identity or affiliation.
- Violate any applicable federal, state, or local law or regulation.
We may suspend or terminate your account for violations of this section without refund.
5. Your Content
You retain ownership of all content you upload or create using the Service, including popup designs, copy, and email lists. By using the Service, you grant us a limited license to host, display, and process your content solely to provide the Service to you.
You represent that you have all necessary rights to the content you submit and that it does not violate any third party's rights.
6. End-Customer Data
You are solely responsible for the personal data collected from your website visitors through your popups. You must comply with all applicable privacy laws, including obtaining appropriate consents and posting required notices. You agree to indemnify us against any claims arising from your collection or use of end-customer data.
7. Fees and Payment
Paid plans are billed in advance on a monthly or annual basis. All fees are non-refundable except as required by law or as expressly stated in our refund policy. We reserve the right to change pricing with 30 days' advance notice. Failure to pay may result in suspension or termination of your account.
8. Intellectual Property
The WebsitePopups platform, including its software, design, logos, and documentation, is owned by Restaurant Logic LLC and protected by intellectual property laws. These Terms do not grant you any rights to our intellectual property except the limited right to use the Service as described herein.
9. Disclaimer of Warranties
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, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS.
10. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, RESTAURANT LOGIC LLC SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR DATA, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY TO YOU FOR ANY CLAIMS ARISING UNDER THESE TERMS SHALL NOT EXCEED THE AMOUNTS YOU PAID TO US IN THE THREE MONTHS PRECEDING THE CLAIM.
11. Indemnification
You agree to indemnify and hold harmless Restaurant Logic LLC, its officers, directors, employees, and agents from any claims, damages, or expenses (including reasonable attorneys' fees) arising from your use of the Service, your violation of these Terms, or your violation of any third party's rights.
12. Termination
You may cancel your account at any time from your account settings. We may suspend or terminate your account for cause (including violation of these Terms) immediately, or without cause upon 30 days' notice. Upon termination, you may export your data; we will delete it within 90 days.
13. Governing Law and Disputes
These Terms are governed by the laws of the State of Michigan, without regard to its conflict of law principles. Any dispute arising under these Terms shall be resolved by binding arbitration under the rules of the American Arbitration Association, with proceedings conducted in Oakland County, Michigan. You waive any right to participate in a class action lawsuit or class-wide arbitration.
14. Changes to These Terms
We may update these Terms from time to time. We will notify you of material changes by email or dashboard notice at least 14 days before they take effect. Continued use of the Service after the effective date constitutes acceptance of the updated Terms.
15. Contact Us
If you have questions about these Terms, please contact us at:
Restaurant Logic LLC — WebsitePopups
Email: info@websitepopups.com
Website: websitepopups.com