Terms of Service

Publication date: September 1, 2026

These are the Terms of Service under which we provide the Shopify app PopUplift and the website popuplift.com. "We", "our" or "us" refers to Richard Wagentristl, Drorygasse 8/4/15, 1030 Vienna, Austria, the operator of PopUplift. "You" refers to you as a visitor of popuplift.com and as a merchant who installs or uses the PopUplift app in a Shopify store.

These Terms of Service, together with our Privacy Policy (https://popuplift.com/privacy-policy) and our Data Processing Agreement pursuant to Art. 28 GDPR (https://popuplift.com/dpa), form a binding agreement (the "Agreement") between us and you or the legal entity you represent ("Customer" or "you").

1. Conclusion of the contract

By installing the PopUplift app from the Shopify App Store, by accepting these terms during onboarding or by using or paying for PopUplift, you agree to these Terms of Service. If you do not agree, do not install or use PopUplift.

PopUplift is offered exclusively to businesses (B2B). By installing the app you confirm that you are acting in the course of your trade or business and that you are authorized to bind the legal entity operating the Shopify store. PopUplift is not intended for consumers.

The Shopify Partner Program Agreement and the Shopify Terms of Service apply between you and Shopify. They are not affected by this Agreement.

2. Description of the service

PopUplift is a Shopify app that displays personalized popups in your online store (for example email quizzes, spin to win and scratch card popups), collects newsletter signups, creates and assigns discount codes via the Shopify API, synchronizes signups, quiz answers and segments to your connected Klaviyo account and measures opt-in rates and attributed revenue.

Some features use AI to generate popup content and to optimize popup delivery. AI-generated content can contain errors. You are responsible for reviewing all popup content before publishing it in your store.

We continuously develop PopUplift. Features may be added, changed or removed. We will inform you in advance about changes that materially reduce the core functionality of the app.

3. Free trial

New installations receive a free trial of 14 days. During the trial you can use PopUplift without charge. The trial converts automatically into a paid subscription at the end of the trial period unless you uninstall the app before the trial ends. We reserve the right to limit the trial to one trial per store and per merchant.

4. Prices and payment

PopUplift is billed as a monthly subscription. The price depends on the monthly visitor volume of your store as selected in the app. All prices are displayed in US dollars (USD) and are net prices. Taxes are added where applicable in accordance with the laws of the country of your billing address.

Billing is handled exclusively via Shopify Billing. Charges appear on your Shopify invoice. We do not receive or store your payment details. The billing cycle follows the Shopify app subscription cycle and starts when you approve the subscription charge in Shopify.

If your actual visitor volume exceeds the volume of your selected plan in a billing period, we may ask you to upgrade to the appropriate plan. If you do not upgrade within 14 days after our notice, we may limit popup delivery to the volume of your current plan.

We may change prices at any time. Price changes apply to the next billing period after we have informed you at least 30 days in advance via the app or via the email address of your Shopify store. If you do not agree with a price change, you can terminate the subscription before the new price takes effect.

5. Term and termination

The subscription runs for one month and renews automatically for further months until terminated.

You can terminate the subscription at any time by uninstalling the app from your Shopify store. The subscription ends at the end of the current billing period. Fees already paid for the current billing period are not refunded, except as provided in the guarantee in section 6.

We may terminate the Agreement at any time with a notice period of 30 days to the end of a billing period. We may terminate the Agreement without notice and suspend your access if you breach these Terms of Service, if your Shopify store is closed or suspended, if payments fail or if your use of the app harms us, other merchants, shop visitors or third parties.

After termination you can export your collected leads from the app for 30 days. After that we delete your data as described in the Privacy Policy and the Data Processing Agreement.

6. Opt-in guarantee

We guarantee an increase of at least 25 percent in popup opt-in rate compared to your previous popup solution. The following conditions apply:

  1. The guarantee applies to your first 30 days of paid use after the end of the free trial.

  2. The comparison is based on the opt-in rate (signups divided by popup impressions) of your previous popup solution during the 30 days before you installed PopUplift, as documented by you and verified by us, and the opt-in rate measured by PopUplift during the guarantee period.

  3. At least one PopUplift popup must be published and active on all pages of your store during the entire guarantee period with the traffic conditions and trigger settings recommended in the app.

  4. To claim the guarantee, email us at r.wagentristl@gmail.com within 14 days after the end of the guarantee period and provide the opt-in rate of your previous solution with supporting documentation.

  5. If the conditions are met and PopUplift did not reach the guaranteed increase, we refund the subscription fees for the guarantee period via Shopify Billing. The refund is your sole remedy under this guarantee.

  6. The guarantee can be claimed once per store.

7. Your obligations

You are responsible for your store, your popups and the content you publish through PopUplift. In particular you agree to:

  • Obtain all consents required by applicable law (in particular GDPR, ePrivacy rules and national marketing laws) from your shop visitors before sending them marketing communication and before using cookies or comparable technologies in your store.

  • Provide a privacy policy in your store that informs shop visitors about PopUplift and the processing of their data.

  • Configure popups so that no special categories of personal data within the meaning of Art. 9 GDPR are requested.

  • Use PopUplift only for lawful purposes and in accordance with Shopify's Acceptable Use Policy.

  • Keep your Shopify and Klaviyo accounts secure and inform us without delay if you suspect unauthorized use of the app.

  • Review all AI-generated popup content before publishing it.

You indemnify us against all claims of third parties, including shop visitors and authorities, arising from your breach of these obligations.

8. Restrictions

Without our prior written consent you may not:

  • Reproduce, copy, sell, resell, rent, sublicense or otherwise exploit any part of PopUplift.

  • Modify, adapt, reverse engineer, decompile or hack PopUplift or attempt to derive its source code.

  • Use PopUplift to build a competing product or to copy its features, templates or designs.

  • Remove or alter any proprietary notices in PopUplift.

  • Use automated means to access PopUplift other than through the interfaces we provide.

If we find strong evidence that you are abusing the service, we may terminate the Agreement immediately without refund.

9. Intellectual property

PopUplift, including its software, templates, designs, texts, images, logos and documentation, is our property and is protected by copyright, trademark and other intellectual property laws. We grant you a non-exclusive, non-transferable, revocable right to use PopUplift in your Shopify store for the term of the Agreement.

You retain all rights to the content you create in PopUplift (for example your popup texts, logos and brand assets) and to the leads you collect. You grant us the right to host, process and display this content to the extent necessary to provide the service.

PopUplift is a product name and brand of Richard Wagentristl. Any use of the PopUplift name or logo requires our prior written consent.

10. Data protection

We process personal data of your shop visitors on your behalf as a processor. The Data Processing Agreement at https://popuplift.com/dpa is part of this Agreement and applies to all processing of shop visitor data. Our processing of your merchant data is described in the Privacy Policy at https://popuplift.com/privacy-policy.

The parties agree that no special categories of personal data within the meaning of Art. 9 GDPR are processed via PopUplift.

11. Data export and provider switch

You can export all leads collected through PopUplift at any time in a commonly used, machine-readable format (CSV) via the app. The export is free of charge. After termination the export remains available for 30 days.

12. Availability and support

We aim for high availability of PopUplift but do not guarantee uninterrupted availability. Maintenance, updates and interruptions caused by Shopify, Klaviyo, hosting providers or other third parties can lead to temporary unavailability. We will inform you about planned maintenance where reasonably possible.

Support is provided by email at r.wagentristl@gmail.com on business days. We aim to respond within 2 business days.

13. Warranty and disclaimer

PopUplift is provided "as is" and "as available". To the extent permitted by law we disclaim all warranties, whether express or implied, including implied warranties of merchantability and fitness for a particular purpose.

We do not warrant that PopUplift is suitable for your specific needs or that it will produce any particular business result. Except for the guarantee in section 6, any numbers, forecasts, benchmarks or calculations provided on our website, in the app or in our communication are non-binding.

We do not warrant that the information on popuplift.com is complete or accurate and we do not promise that the website will remain available.

14. Limitation of liability

We are liable without limitation for damages caused intentionally or by gross negligence, for personal injury and for claims under mandatory product liability law.

In all other cases our liability is limited to the subscription fees you have paid to us in the 12 months preceding the event giving rise to the claim. We are not liable for indirect damages, consequential damages, loss of profit, loss of data, loss of revenue or loss of goodwill.

We are not liable for damages resulting from unavailability, changes or errors of Shopify, Klaviyo or other third-party services, or from your own configuration of popups, discount codes and integrations.

15. Customer references

We may name you as a customer and use your store name and logo in customer lists, on our website and in marketing material. Anonymized and aggregated usage data (for example average opt-in rates across all stores) may be used for statistics, product development and marketing. You can object to the use of your name and logo at any time by email. We will then remove the reference within 14 days.

16. Changes to these terms

We may change these Terms of Service from time to time. We will inform you about material changes at least 30 days in advance via the app or via the email address of your Shopify store. If you continue to use PopUplift after the changes take effect, you accept the changed terms. If you do not agree, terminate the subscription before the changes take effect.

17. Discontinuation of the service

If we decide to discontinue PopUplift, we will inform you at least 60 days in advance. Subscription fees already paid for periods after discontinuation will be refunded proportionally via Shopify Billing.

18. Applicable law and jurisdiction

This Agreement is governed by the laws of the Republic of Austria, excluding its conflict of law rules and the UN Convention on Contracts for the International Sale of Goods (CISG). The competent court in Vienna, Austria has exclusive jurisdiction for all disputes arising out of or in connection with this Agreement.

19. Severability

If any provision of this Agreement is or becomes invalid or unenforceable, the remaining provisions remain in effect. The invalid provision is replaced by a valid provision that comes closest to the economic purpose of the invalid provision.

20. Language

These Terms of Service are written in English. The English version is authoritative.

21. Contact

Richard Wagentristl
Drorygasse 8/4/15
1030 Vienna
Austria
Email: r.wagentristl@gmail.com