Terms of Use

1Definitions

“Service” means the ChilliPopup application, dashboard, embeddable pixel, plugins and related websites. “You” or “Customer” means the person or organisation using the Service. “Visitor” means an end user of a website on which you publish ChilliPopup content. “Your Content” means the popups, forms and other material you create, and the data you collect from Visitors through the Service.

2Your account

You must be at least 16 years old and able to form a binding contract. You agree to provide accurate information, to keep your credentials confidential, and you are responsible for all activity under your account. Notify us promptly of any unauthorised use.

3Using ChilliPopup

Subject to these Terms and your plan, we grant you a limited, non-exclusive, non-transferable, revocable right to access and use the Service for your own business purposes. We may release updates, add or remove features, and set reasonable usage limits. All rights not expressly granted are reserved.

4Acceptable use

You agree not to:

• use the Service for anything unlawful, deceptive, or infringing;
• collect or send data without a lawful basis, or send spam or unsolicited messages;
• upload malware, or attempt to disrupt, overload, or gain unauthorised access to the Service;
• reverse engineer, copy, resell or sublicense the Service except as permitted by law;
• publish content that is illegal, hateful, misleading, or violates others' rights;
• misrepresent prizes, discounts or offers presented through popups or spin wheels.

5Your content & the data you collect

You retain ownership of Your Content. You grant us a worldwide, non-exclusive licence to host, store, process and display it solely to operate and provide the Service to you. You are solely responsible for Your Content and for the popups and forms you publish.

When you collect personal data from your Visitors, you are the data controller and we act as your processor. You are responsible for having a valid legal basis, for providing the required notices, and for obtaining any consent required by GDPR, the ePrivacy rules and other applicable laws. Our handling of that data is described in our Privacy Policy.

6Plans, billing & trials

ChilliPopup offers paid plans described on our website, some with a free trial period. Paid plans are billed in advance through our payment provider on a recurring basis and renew automatically until cancelled. You authorise us to charge your payment method for the applicable fees and taxes. Free trials, if offered, convert to a paid plan unless cancelled before the trial ends.

You can cancel at any time from your account; cancellation stops future renewals and takes effect at the end of the current billing period. Except where required by law, fees already paid are non-refundable. We may change our prices with reasonable prior notice, effective at your next renewal.

7Intellectual property

The Service, including its software, design, and the ChilliPopup and Kompassify names and logos, is owned by Kompassify and protected by intellectual-property laws. These Terms do not transfer any of those rights to you. If you send us feedback or suggestions, we may use them without obligation to you.

8Third-party platforms

ChilliPopup integrates with third-party platforms such as Shopify, WordPress, Wix and Stripe. Your use of those platforms is governed by their own terms and policies, and their availability is outside our control. When you install ChilliPopup through such a platform, you authorise the integration to add your chosen popups and forms to your site.

9Availability & changes

We work to keep the Service available and reliable, but we do not guarantee uninterrupted or error-free operation. We may modify, suspend, or discontinue all or part of the Service, and will give reasonable notice of material changes where practical.

10Disclaimers

To the fullest extent permitted by law, the Service is provided “as is” and “as available” without warranties of any kind, whether express or implied, including fitness for a particular purpose and non-infringement. We do not warrant any specific results, conversion rates or revenue from using the Service.

11Limitation of liability

To the fullest extent permitted by law, Kompassify will not be liable for any indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue or data. Our total liability arising out of or relating to the Service in any 12-month period will not exceed the amount you paid us for the Service during that period. Nothing in these Terms limits liability that cannot be limited under applicable law, including your statutory rights as a consumer.

12Indemnification

You agree to indemnify and hold Kompassify harmless from claims, damages and expenses arising from Your Content, your use of the Service, your data-collection practices, or your breach of these Terms or of applicable law.

13Suspension & termination

You may stop using the Service and close your account at any time. We may suspend or terminate your access if you breach these Terms, fail to pay, or use the Service in a way that risks harm to others or to the Service. On termination, your right to use the Service ends; we will delete or anonymise your data as described in our Privacy Policy, subject to any legal retention requirements.

14Changes to these Terms

We may update these Terms from time to time. We will update the “last updated” date and, for material changes, provide additional notice. Continued use of the Service after changes take effect means you accept the revised Terms.

15Governing law & disputes

These Terms are governed by French law, without regard to conflict-of-laws rules. The competent courts of Paris, France, will have jurisdiction over any dispute, except where mandatory law (including consumer-protection law) provides otherwise. Consumers may also use the EU Online Dispute Resolution platform where applicable.

16Contact us