Terms & policy

Terms of service

Introduction

Hello and welcome to Bearpop’s Terms of Service!

These Terms and Conditions ("Terms", "Terms and Conditions", "Terms of Service") are a legally binding contract between you (“you”, “your” and “Customer”) with BearPop company and our websites, networks, applications and other services provided by us (the "Service", the "Website", bearpop.io) operated by BearPop, "us", "we", and "our".

Please read these Terms and Conditions carefully before using the Service. Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users ("User") and others who access or use the Service. By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service. We reserve the right, at our sole discretion, to deny further or continuing access to the Website to any visitor, including, without limitation, any user that we determine has violated any aspect of these Terms of Service.

Please also be aware of the Privacy Policy located on the Website here: Privacy Policy. Usage of the Website is also governed by the Privacy Policy. In case of inconsistency between the Terms of Service and the Privacy Policy, these Terms of Service shall prevail

Licenses

Limited license

Subject to Your complete and ongoing compliance with these Terms, BearPop grants You, solely for Your access to and use of the Service, a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service strictly in accordance with these terms of use.

Feedback

If You choose to provide input and/or suggestions regarding problems with or proposed modifications or improvements to the Service (“Feedback”), then You hereby grant BearPop an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to freely use and exploit the Feedback in any manner and for any purpose, including to improve the Service and create other products and services.

Changes

These Terms

BearPop may revise these Terms from time to time. If BearPop does revise these Terms, the revised Terms will supersede prior versions, the new Terms will be effective immediately upon posting on the effective date indicated in the new Terms, as applicable, and apply to any continued or new use of the Services. Your continued access or use of the BearPop Service constitutes your acceptance of any revisions. If you don't agree to the revisions, you must immediately leave BearPop Websites and discontinue all use of the BearPop Service.

BearPop Service

We are constantly innovating and finding ways to provide our users with new features and services. Therefore, we may, without prior notice, change the Service, add features, stop providing the Service or features of the Service to you or to users generally, or create usage limits for the Service. We may permanently or temporarily terminate, downgrade, suspend, or prohibit your access to the Service without prior notice and liability for any or no reason, including if, in our sole determination, you violate any provision of this Agreement. You may discontinue or terminate your use of the Service at any time.

General Payment Terms

Fees

Customers will pay BearPop the fees set forth in BearPop's standard pricing plan, as may be updated from time to time, or any other order forms for the BearPop Service ordered by you and accepted in writing by BearPop. BearPop may change the terms of its pricing plan at any time by updating the pricing plan web pages on its website located at https://bearpop.io (the "Page"). Customer is responsible for checking the Page for any updates to the applicable pricing plan. All changes to BearPop’s pricing plan will be effective upon Customer's next app installations. All fees are due and payable as part of Shopify's 30-day subscription billing period. Payment obligations are non-cancelable and non-pro-ratable for partial months, and fees paid are non-refundable, except as expressly set forth herein. Customer is solely responsible for collecting and paying any fees associated with transactions between Customer's end users and Customer. BearPop, at its sole discretion, may make promotional offers with different features and pricing to any of BearPop's customers. These promotional offers, unless made to You, will not apply to the Service we provide to You or these Terms as between BearPop and You.

Taxes

All amounts and fees stated or referred to in this Agreement are exclusive of taxes, duties, levies, tariffs, and other governmental charges (collectively, "Taxes"). Customer shall be responsible for payment of all Taxes and any related interest and/or penalties resulting from any payments made hereunder, other than any taxes based on BearPop’s net income.

Third party services & Linked Websites

Third-Party Services

Certain features and functionalities within the Service may allow You and Your customers to interface or interact with, access, use, and/or disclose information to compatible third-party services, products, technology and Content (collectively, “Third-Party Services”) through the Service. BearPop does not provide any aspect of the Third-Party Services and does not assume any liability arising in connection with any use of such Third-Party Services, including any compatibility issues, errors, or bugs in the Service or the Third-Party Services that may be caused in whole or in part by the Third-Party Services or any update or upgrade thereto. We are solely responsible for maintaining the Third-Party Services and obtaining any associated licenses and consents necessary for You to use the Third-Party Services in connection with the Service.

Any and all use of such Third Party Services shall be done solely at your own risk and responsibility, and may be subject to such legal and financial terms which govern such Third Party Services, which you are encouraged to review before engaging with them.

If you use third parties' services, software or goods while using our Services, you declare that you act in compliance with their terms of use. For example, if you use YouTube while using the Services, you must comply with the applicable YouTube terms and its privacy policy as in the effective version as of the date of use of such services.

Linked Websites

The Service may also contain links to third-party websites. Linked third party websites are not under BearPop’s control, and BearPop is not responsible for their content.

Your Content and Responsibilities

Content Generally

Certain features of the Service may permit You to upload content to the Service, including photos, video, images, data, text, and other types of works (“Content”) and to publish Your Content on the Service. You retain any copyright and other proprietary rights that You may lawfully hold in Your Content.

Limited License Grant to BearPop

By uploading or otherwise publishing or providing Content to or via the Service, You grant BearPop a worldwide, non-exclusive, royalty-free, fully-paid right and license (with the right to sublicense) to host, store, transfer, display, perform, reproduce, process, or modify for the purpose of formatting for display, and distribute such Content, in whole or in part, in any media formats and through any channels now known or hereafter developed.

Content Representations and Warranties

BearPop disclaims any and all liability in connection with all Content that You upload or otherwise publish or provide to or via the Service. You are solely responsible for all Content that You upload or otherwise publish or provide to or via the Service and the consequences of uploading or otherwise publishing or providing such Content to or via the Service. By uploading or otherwise publishing or providing any Content to or via the Service, You affirm, represent, and warrant that:

• You are the creator and owner of all Content that You upload or otherwise publish or provide to or via the Service, or have the necessary licenses, rights, consents, and permissions to authorize BearPop to use and distribute such Content as necessary to exercise the licenses granted by You in this Section, in the manner contemplated by BearPop, the Service, and these Terms;
• All Content that You upload or otherwise publish or provide to or via the Service, and the use of such Content as contemplated by these Terms, does not and will not: (i) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (iii) cause BearPop to violate any law or regulation; and
• All Content that You upload or otherwise publish or provide to or via the Service could not be deemed by a reasonable person to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate.

Content Disclaimer

We are under no obligation to edit or control Content that You or other users post or publish, and are not and will not be in any way responsible or liable for such Content. BearPop may, however, at any time and without prior notice, screen, remove, edit, or block any Content that we determine in our sole discretion violates these Terms or is otherwise objectionable. You understand that when using the Service, You will be exposed to Content from a variety of sources and acknowledge that such Content may be inaccurate, offensive, indecent, or objectionable. You agree to waive, and do hereby waive, any legal or equitable right or remedy You have or may have against BearPop with respect to such Content. If BearPop is notified by a user or Content owner that such Content allegedly does not conform to these Terms, we may investigate the allegation and determine in our sole discretion whether to remove the Content, which we reserve the right to do at any time and without notice. For clarity, BearPop does not permit copyright-infringing activities in connection with the Service.

Monitoring Content

BearPop does not control and does not have any obligation to monitor: (a) Content, including any Content made available by third parties; or (b) the use of the Service by Your customers. You acknowledge and agree that BearPop reserves the right to, and may from time to time, monitor any and all information transmitted or received through the Service for operational and other purposes. If at any time BearPop chooses to monitor any Content, BearPop still assumes no responsibility or liability for Content or any loss or damage incurred as a result of the use of such Content. During monitoring, information may be examined, recorded, copied, and used in accordance with our Privacy Policy.

Your Use of the Service

You agree to comply with all applicable laws and regulations applicable to Your use of the Service, including, but not limited to, any and all requirements and obligations under applicable automatic renewal and data protection laws and regulations.

End users

Roles: For the purposes of this Agreement, BearPop is acting as a “service provider” to you, and you are a “customer” of the Service, regardless of whether you pay fees to obtain the Service. Any natural persons accessing or using your Content are deemed your “End Users.” You agree that BearPop does not have a direct relationship with any of your End Users and BearPop is not responsible for how you process or otherwise handle any End User information. You acknowledge and agree that you are solely responsible for (1) providing any required notices and (2) obtaining all End User consents required under applicable data protection and marketing laws.

Applicable laws: You may have additional obligations under local law other than those described in these Terms, particularly if you or your End Users are located outside of the United States. Such obligations may be more restrictive than these Terms. Use of the Service does not ensure compliance with such laws, nor is BearPop responsible for your compliance with such laws.

Security safeguards: You will use all reasonable efforts to protect information collected from End Users via your use of the Service, including any personal information obtained from unauthorized access or use of your Account. You are solely responsible for configuring and implementing security controls to properly manage and secure your website cookies, website headers, DNS configurations, and subdomains, as well all similarly related web attributes. In the event you discover that any End User information collected by you has been breached, compromised, or inadvertently exposed to non-authorized third parties, you shall notify BearPop promptly of such a breach or exposure including the root cause, remediation steps, and compensating controls to ensure such a breach does not occur in the future.

Security notification: You are responsible for providing any applicable notices to your End Users, third parties, or authorities under any applicable data breach notification statutes and related laws. You acknowledge and agree that you are solely responsible for any losses, personal injury, or property damage to End Users arising from or relating to your use of the Service.

Privacy: As set forth above, you acknowledge and agree that you are solely responsible for providing any required notices and obtaining all required consents from End Users in connection with your use of the Service. Your notice and consent must be compliant with all applicable data protection and security laws and regulations. Without limiting the foregoing, before collecting or using any End User information, you must provide adequate notice of the End User information you collect, how it will be used and/or shared, and obtain any necessary consents required under the applicable data protection laws and regulations. You agree to comply with all applicable data protection laws and regulations (including those applying to personal information) in connection with your access and use of the Services. You will respond to any End Users wishing to exercise their privacy rights, under the applicable law, as it relates to any information collected via your use of the Services. For example, if End Users located in certain jurisdictions may exercise a “right to be forgotten” (or “erasure”) to the information you have collected about them, you shall comply with their request as required by applicable law. For clarity, you (or, the “data controller”) are directly responsible for the End User information you instruct BearPop to process when you use the Service, including any information you instruct a third-party application (made available via the Service), to process. BearPop is not a data controller of End User information and is not responsible for responding to End Users on your behalf. To the extent BearPop receives a request from an End User or authority about your use of the Service, BearPop will notify you in compliance with or as permitted by law. To the extent that BearPop processes personal information of your End Users, BearPop does so as a “data processor” or “service provider” under applicable data protection law. If applicable, BearPop shall process your End Users’ personal information in accordance with our Data Processing Addendum, which is hereby incorporated by reference.

Notice: You agree to provide and adhere to a privacy policy for your use of the Service that: (i) complies with all applicable laws, rules, and regulations, (ii) is conspicuously displayed to all End Users, and (iii) clearly and accurately describes to End Users what information you collect (such as login information, contact form data, cookies, etc.) and how you use and share such information (including for marketing and advertising) with BearPop and other third parties.

Prohibited Use

By using the service you are agree not to:

• Use the Service for any illegal purpose or in violation of any local, state, national, or international law
• Violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third-party intellectual property right
• Interfere with security-related features of the Service, including by: (i) disabling or circumventing features that prevent or limit use or copying of any Content; or (ii) reverse engineering or otherwise attempting to discover the source code of any portion of the Service except
• Interfere with the operation of the Service or any user’s enjoyment of the Service, including by: (i) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; (ii) making any unsolicited offer or advertisement to another user of the Service; (iii) collecting personal information about another user or third party without consent; or (iv) interfering with or disrupting any network, equipment, or server connected to or used to provide the Service
• Perform any fraudulent activity including impersonating any person or entity, claiming a false affiliation, or accessing any other Service account without permission
• Sell or otherwise transfer the access or other rights granted under these Terms or any Materials or any right or ability to view, access, or use any Materials
• Attempt to do any of the acts described in this Section or permit any person to engage or assist any person in engaging in any of the acts described in this Section.

BearPop’s Intellectual Property

All rights, title and interest in and to the BearPop, including any and all copyrightable materials or any other content thereof which is or may be subject to any intellectual property rights under any applicable law (including any artwork, graphics, images, website templates and widgets, literary work, source and object code, computer code (including html), applications, audio, music, video and other media, designs, animations, interfaces, documentation, derivatives and versions thereof, the “look and feel” of the App, methods, products, algorithms, data, interactive features and objects, advertising and acquisition tools and methods, inventions, trade secrets, logos, domains, customized URLs, trademarks, service marks, trade names and other proprietary identifiers, whether or not registered and/or capable of being registered (collectively, “Intellectual Property”), and any derivations thereof, are owned by and/or licensed to BearPop.

The BearPop Terms do not convey any right or interest in or to BearPop’s Intellectual Property (or any part thereof), except only for the limited license expressly granted above. Nothing in the BearPop Terms constitutes an assignment or waiver of BearPop’s Intellectual Property rights under any law.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the products or related services. The app content and other works by BearPop are not for resale. Your use of BearPop Service does not entitle you to any unauthorized use of any protected content, and in particular you will not delete content solely for your personal use, and will make no other use of the content without the express written permission of BearPop and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of the BearPop Service or our licensors except as expressly authorized by these Terms.

Privacy and Data Protection

BearPop is firmly committed to protecting the privacy of your personal information and the personal information of your customers. By using the Service, you acknowledge and agree that BearPop’s collection, usage and disclosure of this personal information is governed by our Privacy Policy.

Indemnification

You agree to indemnify, defend and hold harmless the app, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to (i) your Content, Campaigns, or Sites, (ii) your use of the Service, (iii) your violation of any laws or regulations, (iv) your violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right, (v) any dispute or issue between You and any third party in connection with these Terms or the Service, (vi) any misrepresentations made by you, or (vii) a breach of any representations or warranties you’ve made to us. BearPop reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the app in asserting any available defenses.

Liability Disclaimer

Limitation of Liability

To the fullest extent permitted by law in each applicable jurisdiction, BearPop, its officers, directors, shareholders, employees, affiliates and/or agents shall not be liable to you for any direct, indirect, incidental, special, punitive, exemplary or consequential damages whatsoever, including any damages resulting from (1) errors, mistakes, or inaccuracies of or in any content; (2) any personal injury or property damage related to your use of the BearPop Service; (3) any unauthorized access to or use of our servers and/or any personal information and/or other information stored therein; (4) any interruption or cessation of transmission to or from the BearPop Service; (5) the use or display of any Content or User Content posted, emailed, transmitted, or otherwise made available via the BearPop Service; (6) events beyond the reasonable control of BearPop, including any internet failures, equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, earthquakes, explosions, acts of God, war, terrorism, intergalactic struggles, governmental actions, orders of courts, agencies or tribunals or non-performance of third parties; and/or (7) loss of use, data, profits, goodwill, or other intangible losses, resulting from the use or the inability to use any or all of BearPop Service.

In any calendar month, the total liability of BearPop and our third-party providers, licensors, distributors, or suppliers to you arising out of or relating to the Agreement - whether in contract, tort (including negligence), breach of statutory duty, or otherwise - will be no more than what you paid us for the Service the preceding month prior to the event or circumstances giving rise to the applicable claim.

For the avoidance of doubt, in no instance will we or our Team be liable for any losses or damages you suffer if you use the Service in violation of these Terms, regardless of whether we terminate or suspend your account due to such violation.

Because some states/jurisdictions do not allow the exclusion or limitation may not apply to you. If you are dissatisfied with any portion of the site, or with any of these terms of use, your sole and exclusive remedy is to discontinue using the products or services.

No Warranties

Except as expressly stated in these Terms, the Service is provided as-is and we don’t provide warranties, conditions, or undertakings of any kind in relation to the Service, either express or implied. This includes, but isn’t limited to, warranties of merchantability and fitness for a particular purpose, data loss, merchantability, or non-infringement or any warranties with respect to the accuracy, reliability, or availability of any content or information made available in or through the Service, which are, to the fullest extent permitted by law, excluded from the Agreement. Since Members use the Service for a variety of reasons, we can’t guarantee that it’ll meet your specific needs.

Termination/Access Restriction

Termination and Suspension

You may terminate your account at any time by deleting the BearPop Service from your Shopify store that has integrated the BearPop Service. BearPop reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. Note that no refund will be provided in the event of any suspension or termination of your account.

Survival

Upon termination of this Agreement or your account, Customer will discontinue any further use of the BearPop and all rights and obligations will immediately terminate, except that any terms or conditions that by their nature should survive such termination will survive, including the terms and conditions relating to payment, proprietary rights, confidentiality, disclaimers, indemnification, limitations of liability and termination.

Miscellaneous

Electronic Communication

Visiting the main site (https://www.bearpop.io), the Help Center (https://help.bearpop.io) or sending emails to the app - BearPop team constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfying any legal requirement that such communications be in writing.

International Users

The BearPop Service is controlled, operated and administered by BearPop from our office within Vietnam. If you access the BearPop Service from a location outside Vietnam, you are responsible for compliance with all local laws. You agree that you will not use the app Content in any country or any manner prohibited by any applicable laws, restrictions or regulations

Relationship

The BearPop Terms, and your use of the BearPop Service, do not, and shall not be construed to create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between BearPop and you.

Assignment

Neither you nor BearPop may assign, transfer, or sublicense this Agreement or any of its rights or obligations hereunder, whether by operation of law or otherwise, without the other party’s prior written consent (not to be unreasonably withheld); provided, however, that BearPop may assign the Agreement in its discretion to an Affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets.

Dispute Resolution

The BearPop Terms, the rights and remedies provided hereunder, and any and all claims and disputes related hereto and/or to the BearPop Service, their interpretation, or the breach, termination or validity thereof, the relationships which result from or pursuant to the BearPop Terms, or any related transaction or purchase, shall be governed by, construed under and enforced in all respects solely and exclusively in accordance with the internal substantive laws of Vietnam, without respect to its conflict of laws principles.

Any and all such claims and disputes shall be brought in, and you hereby consent to them being decided exclusively by a court of competent jurisdiction located in Vietnam.

Subject to any applicable law, all disputes between you and BearPop shall only be resolved on an individual basis and you shall not have the right to bring any claim against BearPop as a plaintiff or a member of a class, consolidated or representative actions (or any other legal proceedings conducted by a group or by representatives on behalf of others).

Governing Law

To the maximum extent permitted by law, this agreement is governed by the laws of Vietnam and you hereby consent to the exclusive jurisdiction and venue of courts in Vietnam in all disputes arising out of or relating to the use of the BearPop Service.

No waiver

If we don’t immediately take action on a violation of these Terms, we’re not giving up any rights under the Terms, and we may still take action at some point.

Entire Agreement

The Agreement represents the entire agreement between you and us with respect to the subject matter addressed herein and supersedes all prior to contemporaneous agreements or understandings, written or oral. The Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and lawful assigns.

Contact Us

If you have any questions about these Terms, please contact us at support@bearpop.io.