Terms of Service

Definitions:

Site: this refers to the site www.poptune.io
User: this refers to any professional, legal person, and/or individual who uses the service established by Poptune free for unlimited time and with some restrictions.
Subscriber: any user who has subscribed to one of the subscription packages.
Content: this refers to the text, images, sounds, videos, and photographs that may be featured in the pop-up.
Pop-up: banner and/or window containing information (text, images, sounds, videos, photographs, hypertext links, and forms) prepared by the user and/or subscriber, under their exclusive responsibility, that will be distributed by Poptune on the site of the User and/or Subscriber.
Personal account: space dedicated to the User and/or Subscriber containing personal information.

Article 1. OBJECT & LEGAL NOTICE

The Present General Terms of Use (hereafter “GTU”) have as their object the definition of the access conditions and terms of use of the site www.poptune.io (hereafter “the SITE”).

By becoming a User or a fortiori Subscriber of the Site, you acknowledge that you have read and understood the terms of the present GTU and that you agree to be bound, without restrictions or reservations, by all its provisions.

The GTU are published on the Site and are provided free of charge to the Users and/or subscribers. They are also displayed during the registration of subscribers, who confirm that they have read and accepted them in their totality in order to validate their registration.

Poptune reserves the right to modify, at any time, the provisions of the present GTU – modifications which will apply immediately. It is the sole responsibility of the user and/or subscriber to regularly consult the General Terms of Use.

Article 2. Subscriber Account

2.1 Prerequisites

The registration of a Subscriber Account is strictly reserved to professionals, legal persons under both public and private law acting through their representative, who is duly authorised for this purpose, and individual entrepreneurs. Any user and/or subscriber shall guarantee Poptune against any claims from third parties regarding the content (information and/or images) distributed in the pop-ups under the conditions set forth in Article 5 below.

2.2 Account creation

The User can only create a single account in the “Get Your Free Account” or “Sign Up Free”section on the SITE. The registration will be finalised by the sending of an activation email with instructions for activating the Subscriber Account. The data collected and subsequently processed by the Company is voluntarily transmitted by the User to the site, in particular via the registration form. This data consists of a full name, a website address, a valid email address, and the choice of a password.

The password chosen by the user and/or subscriber associated with their Subscriber Account is strictly confidential. It cannot be communicated or shared with third parties. Under no circumstances can Poptune be held responsible for the abusive use, loss, or theft of this password.

Furthermore, Poptune, as it does not have the means to ensure the identity of the persons registering for its services, is not responsible in cases of identity theft of the user and/or subscriber. If you believe that a person is using your account or your identity, you must immediately inform us of this by email at the following address: hola@poptune.io.

2.3 Free Account

Poptune offers you a free account without you having to provide any payment information.

Article 3. FINANCIAL CONDITIONS

3.1 Paid subscriptions

If the user wants to eliminate the restrictions from a free account, the User must select a paid subscription package from among those listed on the Poptune/Pricing page, where the prices are determined before taxes, in order to keep using their Poptune account.

The applicable VAT rate shall be that in effect on the subscription date of the user and/or subscriber.

All payments owed to the Company are to be made by electronic payment via a valid credit card.

Each payment is the subject of an invoice provided to the subscriber’s personal account.

The absence of payment or the default in collection by Poptune shall result in the deactivation of your account. In case of termination on your part, any payment for a subscription period already begun is due.

In case of termination on the part of the subscriber, no reimbursement shall be due.

3.2 The different subscription packages are:

Poptune offers several subscription packages; the three main options are described below. Other personalised packages are available by contacting us by email at hola@poptune.io.

For each subscription, it is up to the subscriber to integrate their subscription code into the source code for each of their web pages.

The price of the subscriptions is determined based on the number of pages of the User’s and/or Subscriber’s site that are visited per month by Internet users and not based on the number of views and/or clicks on the pop-ups. Beyond the number of views established for each of the packages, the pop-up(s) is/are blocked until the following month, and the User and/or Subscriber is alerted by email and on their personal account.

Basic: package for 100,000 (hundred thousand) page views of the User’s and/or Subscriber’s site;

Pro: package for 500,000 (five hundred thousand) page views of the User’s and/or Subscriber’s site;

Expert: package for 1,500,000 (one million, five hundred thousand) page views of the User’s and/or Subscriber’s site.

Custom package: Contact us by email: hola // at // poptune.io

The page view count begins on the first day of each month and ends on the last day of that month, it being specified that for the first month invoiced, the number of page views and the amount of the package shall be prorated based on the subscription payment date.

For any annual subscription, two months are offered regardless of the package chosen.

The subscription is monthly or annual and tacitly renewable; the subscription may be terminated at any time but will not be refunded. The annual subscription must be terminated two months before the anniversary date of its renewal. The payment for the subscription is due even in case of non-exploitation of the pop-up(s).

Article 4. COMMITMENTS AND GUARANTEES

4.1 Exclusive Responsibility of the User and/or Subscriber:

The User and/or Subscriber shall agree to respect the present GTU and the laws and regulations in effect within the country in which their headquarters are located.

The User and/or Subscriber shall be solely responsible for the content and legality of the statements, information, announcements, and – more generally – the Content (including the images, sounds, videos, photographs, etc.) of the POP-UPS. Indeed, Poptune, being limited to the distribution of the POP-UPS under the sole responsibility of the User and/or Subscriber, neither verifies nor checks the Content prior to its publication.

4.2 Loyalty, Honesty, and Legality Obligation

The User and/or Subscriber shall agree not to act dishonestly or unprofessionally by publishing inappropriate, incorrect, or detrimental content in the POP-UPS (not violating any confidentiality that would be attached to it, and guaranteeing that the content of the Pop-Ups is not denigrating, defamatory, offensive, discriminatory, or obscene, and more generally that it respects the rights of third parties in that it is in no way a source of violence, racism, xenophobia, and/or pedophilia, and does not generally violate in any way regulations regarding children’s rights and decency);

4.3 Rights and Authorisations

Any Content reproduced for the purpose of being published in the POP-UP by the user and/or subscriber is their full and exclusive responsibility, and they declare and guarantee that they possess all the rights and authorisations necessary for this publication such that the liability of Poptune may never be sought.

4.4 Judicial Scope and Financial Guarantees

Each of the users and/or subscribers shall guarantee Poptune against any claim and/or action that may be initiated by a third party in any capacity whatsoever and, in particular, anyone who believes that they have any rights over the rights in question relating to the Content of the Pop-Ups and shall bear all the costs of the proceedings (including lawyers’ fees) to which Poptune may be exposed in this respect, as well as all damages and interest which Poptune may be sentenced to pay.

4.5 Penalties

In case of a breach of any of these obligations and without this list being limiting, Poptune reserves the right:

either to intervene in any Content promoting crimes against humanity, inciting racial hatred or violence, exhibiting pedophilia, violating human dignity, violating freedom of expression (defamation, racist or offensive statements…), the freedom of others, and/or practices contrary to morality, and to notify the user and/or the subscriber as moderator that, failing the immediate removal by them of the contentious statements and/or images and/or sounds, the Pop-Ups as well as their subscriber account will be cancelled without further notice or refund of the Subscription fees that they have paid,

or to remove, without prior notice, the content disputed by a User and/or a Subscriber or a third party, and to close the User’s and/or Subscriber’s Account.

Article 5. LIABILITY WAIVER

5.1 Content and partnership arrangements

The Content and the publication of the POP-UPS shall be made under the sole and exclusive responsibility of the User and/or subscriber, both with regard to Poptune and to any third parties.

As Poptune is limited to the distribution of the POP-UPS as well as the Content edited under the sole responsibility of the User and/or Subscriber, their liability may not be engaged, directly or indirectly, in any capacity whatsoever.

Indeed, Poptune is in no way mandated by the subscriber and may not be held liable for the Content (whether information, sounds, and/or still or moving images) placed online and displayed on the User’s and/or Subscriber’s site.

5.2 Technical access

Poptune may not in any way guarantee operation without interruption or error. In particular, momentary interruptions due to maintenance, updates, or technical improvements are likely to occur without Poptune liability being able to be engaged in this respect.

To the extent possible, Poptune shall inform subscribers prior to a maintenance or updating operation.

Similarly, Poptune liability may not be sought in case of malfunction, impossibility of access, or poor user conditions of the POP-UP attributable to unsuitable equipment, for disruptions attributable to the host or to the service provider of the User and/or Subscriber, for congestion in the Internet network, and/or for any other reason outside of Poptune control, a fortiori in case of force majeure.

Poptune shall moreover not be liable for indirect damages suffered due to the publication of the POP-UPS on the subscribers’ site.

Poptune may not be held liable for graphical or typographical errors.

Describe the technical environment of the sites compatible with the Pop-Ups.

Article 6. INTELLECTUAL PROPERTY

The Poptune SITE in its entirety (including, without limitation, Poptune Content, structure, databases, graphics, images, etc.), as well as the Poptune trademark, the logo, the graphic charter of the SITE, and each of its components, are the exclusive property of Poptune. Any reproduction or representation in whole or in part is strictly forbidden.

In particular, it is completely forbidden to make a qualitatively or quantitatively substantial extract of the databases placed online on the SITE.

The content developed by the user and/or subscriber within the Pop-Ups remains their sole property.

By signing up for Poptune you enable us to publicly reference you as a client.

Article 7. PERSONAL DATA

7.1 Processing of Users and/or Subscribers’ data

Users and/or the Subscribers are informed and consent that Poptune processes their personal data (“Poptune Data”) in the following conditions:

Subject matter: Poptune Data are collected directly from Users and Subscribers.

Purpose of data processing: The purpose of the processing is the provision of services by Poptune to Users and/or Subscribers, which includes billing, account management, support, sales and marketing purposes. Poptune Data can also be used for statistical purposes, given that in such a case, information used will not enabled to identify personally an individual.

Types of data: Poptune Data collected and processed by Poptune are identification and contact data (name, surname, title, professional address, emails, phone numbers) and log-in data (IP addresses, location data, cookies data and logs).

Duration: For Users who decide to delete their account with Poptune, personal data will be processed and stored for the duration of the free period plus twelve (12) months to avoid any abuse. For Subscribers, personal data will be processed and stored for the duration of the contractual relationship with Poptune plus five (5) years.

Recipients: Poptune Data might be disclosed to third parties providers for the sole purpose of the provision of services by Poptune to Users and/or Subscribers. The Subscriber is informed and accepts that Poptune engages processors for carrying out specific processing activities on behalf of Poptune in relation with the processing of Poptune Data. Data protection obligations are imposed on that processors by way of a contract or other legal act. Where that processors fail to full-fill their data protection obligations, Poptune will remain fully liable to the Subscriber for the performance of processors’ obligations. At this date, the processors are Google Analytics, Stripe, Mailchimp, Paypal. Poptune shall notify the Subscriber of any change, addition or replacement of processors at least fourteen (14) days prior to any such changes. The Subscriber may object to such changes and terminate this agreement by sending a written notice within such fourteen days of such notice. The Subscriber’s objection shall be based on reasonable grounds.

Users and subscribers’ rights: Users and/or Subscribers have the right to request access to and rectification or erasure of their personal data or restriction of processing concerning their data or to object to processing as well as the right to data portability. Users and/or Subscribers can exercise their rights by sending an email to Poptune at the following email address: hola@poptune.io. In addition, users and/or subscribers have the right to lodge a complaint with the competent supervisory authority.

7.2 Subprocessing

By displaying the Pop-ups created with Poptune and collecting data from Internet users (“Subscriber Data”), the subscriber agrees that he acts as a data controller. The Subscriber declares and warrants that he complies with applicable data protection law (“Data Protection Law”) and in particular with the European general data protection Regulation 2016/679 (“GDPR”) and any other laws such as the California Consumer Privacy Act (CCPA) as may be applicable from time to time.

Poptune will act as the data processor on behalf of the subscriber under the following conditions:

a. Poptune processes the Subscriber Data only on documented instructions from the subscriber;

b. Poptune will maintain a record of all categories of processing activities carried out on behalf of the Subscriber in accordance with Data Protection Law;

c. Poptune ensures that persons authorised to process the Subscriber Data have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality;

d. Poptune takes all appropriate technical and organisational measures to ensure a level of security appropriate to ensure the security and the confidentiality of Subscriber Data. Subscriber shall review any information made available by Poptune relating to data security to verify whether the services meet the Subscriber’s requirements and legal obligations under the Data Protection Law;

e. Taking into account the nature of the processing, Poptune assists the subscriber by appropriate technical and organisational measures, insofar as this is possible, for the fulfillments of the subscriber’s obligation to respond to requests for exercising the data subject’s rights;

f. Poptune assists the subscriber in ensuring compliance with the obligations related to the security of a data processing, to the notification of a data breach to the supervisory authority, to the communication of data breach to the data subject, to the data protection data assessment and for prior consultation to the supervisory authority;

g. Poptune shall notify the subscriber within forty-eight (48) hours after becoming aware of a personal data breach. This notification will describe the nature of the personal data breach including where possible, the categories and approximate number of data subjects concerned and the categories and approximate number of Subscriber Data records concerned, describe the likely consequences of the personal data breach and describe the measures taken or proposed to be taken by the controller to address the personal data breach, including, where appropriate, measures to mitigate its possible adverse effects. Where, and in so far as, it is not possible to provide the information at the same time as the notification, the information may be provided in phases without undue further delay;

h. At the choice of Subscriber, Poptune deletes or returns all Subscriber Data to the subscriber after the end of the provision of services relating to processing, and deletes existing copies unless applicable Data Protection Law requires storage of the personal data;

i. Poptune makes available to Subscriber all information necessary to demonstrate compliance with the obligations laid down in this Article and allow for and contribute to audits, including inspections, conducted by the subscriber or another auditor mandated by the Subscriber. Poptune will inform the subscriber if, in its opinion, an instruction infringes applicable Data Protection Law.

The subscriber is informed and accepts that Poptune might engage sub-processors for carrying out specific processing activities on behalf of the Subscriber in relation with the processing of Subscriber Data. The same data protection obligations as above-mentioned are imposed on that sub-processors by way of a contract or other legal act. Where that sub-processors fail to fulfils their data protection obligations, Poptune will remain fully liable to the Subscriber for the performance of other sub-processors’ obligations. Poptune shall notify the Subscriber of any change, addition or replacement of sub-processors at least fourteen (14) days prior to any such changes. The Subscriber may object to such changes and terminate this agreement by sending a written notice within such fourteen days of such notice. The Subscriber’s objection shall be based on reasonable grounds.

7.3 Cookies

Poptune may store information on Users and/or Subscribers’ hardware in the form of “cookies”. A cookie is a small file sent by Poptune server stored in the user and/or subscriber’s hardware to save data concerning website navigation. The information contained in cookies is stored only for the strictly necessary period, which shall not, in any case, exceed 13 months. At the end of this period, Users and/or Subscribers will have to renew their consent for the installation of cookies.

Cookies are necessary for Poptune to improve the users’ experience, to measure the traffic on the website, to ensure the integrity of registration process, to filter unauthorised IP address. For these cookies, Users and/or Subscribers have to give a prior consent by clicking on the accept button, on the banner which posted on the website, before any installation on the hardware computer and use of Poptune services.

Users and/or Subscribers are informed that they can prevent cookies from being saved on any hardware by changing the settings of their browser. Users and/or Subscribers can accept or refuse cookies used by the website entirely or partially. However, refusing cookies may prevent normal operation of Poptune services.

Article 8. TERMINATION

In case of violation or fraud by a User and/or by a Subscriber of the present GTU, Poptune reserves the right to immediately suspend or even permanently close, without notice and as of right, the User’s and/or Subscriber’s Account as well as the distribution of their POP-UPS.

Each User and/or Subscriber may terminate, at any time and without notice, their Client Account. However, no refund will be issued by Poptune to the Subscriber.

The termination of the User’s and/or Subscriber’s Account will result in the suspension of all content of the POP-UPS from the User’s and/or Subscriber’s account.

In the event that the User and/or Subscriber may use the elements of their personal account contrary to their intended purpose, Poptune reserves the right to terminate their Account without warning. The User and/or Subscriber shall be solely responsible for the use of their identification elements by third parties and for the actions or statements made through their Account, whether or not they are fraudulent. The User and/or Subscriber shall guarantee Poptune against any claims in this respect.

8.1 Duration

Any registration taking effect as of the date of subscription to one of the subscriptions specified in Article 3.

After the initial period, the registration shall be tacitly renewed if it has not been terminated.

Article 9. Miscellaneous

9.1 If one or several provisions of the present GTU are deemed to be invalid or are declared as such under any law or regulation or following a definitive decision by a competent court, the other stipulations shall retain their full force and scope.

9.2 In case of contradiction between the titles assigned to the articles of the present GTU and their content, only the content shall prevail.

9.3 Poptune declares that it elects domicile at its headquarters as mentioned at the beginning of the present document, and the Client declares that they elect domicile at their headquarters as indicated on the Form. Any change in contact information must be duly notified to the other party. Failing that, any such changes may be deemed unenforceable.

9.4 During the User’s and/or Subscriber’s visit to the Poptune site, certain information, including the visitor’s IP address, is recorded in files called “cookies” installed on the User’s and/or Subscriber’s computer, subject to the choices that the User and/or Subscriber has made concerning cookies, which may be modified.

Article 10. Assignment of Jurisdiction

The present general terms are governed by Spanish law.

Any interpretation and/or dispute which may result from the present GTU as well as any disputes between Poptune and a user and/or subscriber relating to the conclusion or execution of the services provided by Poptune are the exclusive jurisdiction of the competent courts located in Madrid.