1.1 The following Terms of Service, together with the relevant information set out on the Web site and/or the App and/or provided via the Services, including any features and services available, are subject to the Terms and Conditions set forth below. Please read them & watch the videos on the website carefully as any of use of this Web site, App and our Services constitutes an agreement, without acceptance, to be bound thereby by the User.
1.2 Watching the tutorial & guide videos on site is a mandatory requirement
before using Popify services (Website & App).
1.3 By using the Web site and our Services you represent that you are at least eighteen (18) years old, have read and understand the Terms of Service, and that you agree to be bound by these Terms of Service as set forth below.
1.4.1 User – any user of the Site and/or the Popify application,
hereinafter: “User” or “the user” or “Customer”.
1.4.2 The Website, www.Popify.app or “The Application” – Popify.app/ or “Site” or “App” or “Service Provider”.
1.4.3 Shopify Store – The Online store provider – “Shopify”
1.5 The Popify.com website/Application (“App”) is a Service Provider provides an online tool which allows users to perform a number of functions to help merchants with their drop-shipping businesses. A current list of the Services provided via the Popify can be found online at http://www.Popify.com and is subject to change from time-to-time, without notice, and pursuant to Popify sole and exclusive discretion (“Popify Services”).
1.6 Popify does not holds any products or have and any trademarks. The service is the ability to Import details (Content, Video, Picture) to your Shopify store, from a Supplier website. The user is the sole liable on every trademark or copyright violation.
1.7 This Agreement governs the relationship between Popify and their substitutes (hereinafter: “Popify”) and the users of the Popify Services/Site/App as described above.
1.8 Customer acknowledges that any reliance on the Services is at Customer’s own risk.
1.9 Using the Popify site/app constitutes acceptance of this Agreement – if you do not agree to the contents of this Agreement, please refrain from browsing or using the Popify site/app.
1.10 The Preamble to this Agreement and its Annexes are an integral part of this Agreement. This agreement exhausts the relationship between the users and Popify in connection with the browsing, installing or use of the Popify site/app.
1.11 What is mentioned in the masculine is also the female tongue and vice versa, which in the singular also means the plural in meaning and vice versa.
at its sole discretion, without the need to give notice and / or prior notice.
1.14 Liability of Popify, its management and employees for damages that may be caused to the user due to the use of Popify services or the unavailability of Popify services, shall be limited, subject to any law, to the amount paid by the user for the Popify Services.
1.15 Popify does not constitute any party to the sale of the products between the user and the Dropshiper or the User or any other party. Popify is not responsible for the accuracy of details and publication of
the products as to infringement of the intellectual property rights of the right owners as they have been made by the user or any other party.
2.1 The user may use the Popify Services subject to the contents of this
2.2 The user declares that he is over the age of 18 and has the legal capacity to contract with Popify in this agreement. A user who is not legally competent and / or under the age of 18 is required to obtain permission from the Guardian to make any use of this site.
2.3 The user declares that he has an active and accessible e-mail box.
2.4 The User undertakes to refrain from performing the following actions in
relation to the Popify Services & Site:
2.4.1 Scanning or using the Popify Services by using computer software designed to gather information or perform operations as a normal user imitation, including Bots or Crawlers.
2.4.2 Manipulating the URL on internal pages to reach internal pages to
which the user does not have direct access (URL Hacking).
2.4.3 Uploading content or carrying out actions that violate the laws of the State of Israel or in general, including refraining from uploading or publishing content that may infringe the copyright, trade mark or trade secret of another, libel, obscene or infringing the privacy of other.
2.4.4 Performing an act in the design of Popify, the source code, and elements appearing on the site/app or Popify content, the right to perform it is exclusive, under the Copyright Law, 2007, to the copyright holder, not in accordance with the contents of this agreement.
2.4.5 Customer will not, directly or indirectly: reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, object code or underlying structure, ideas, know-how or algorithms relevant to the Services or any software, documentation or data related to the Services (“Software”); modify, translate, or create derivative works based on the Services or any Software (except to the extent expressly permitted by Service Provider or authorized within the Services); use the Services or any Software for timesharing or service bureau purposes or otherwise for the benefit of a third; or remove any proprietary notices or labels.
2.4.6 In addition to the other restrictions on use set forth herein, the customer/user agree and acknowledge that you shall not use the Web site and Services: (a) for any unlawful purpose; (b) to solicit Users to perform or participate in any unlawful acts or to engage in acts that are unrelated to the purpose(s) of the Web site or the Services; (c) to violate any international, governmental, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Web site or the Services; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Web site or the Services. We reserve the right to terminate your use of the Web site and the Services for violating any of the prohibited uses or for any other reason in our sole and exclusive decision.
2.4.7 The user undertake to check, on a weekly basis, the Terms and
conditions & Policies of supplier’s website and service.
2.5 Popify reserve the right to:
2.5.1 Avoid the Popify Services from a User who has violated any provision of this Agreement, or at all. 2.5.2 Remove any Content or cancel any action or transaction performed by the User that violates any of the provisions of this Agreement, or at all.
- User account.
3.1 Popify reserves the right to determine that access to certain services and products will be permitted only to the user who signs up for the site and provides Popify with certain details to be determined by Popify (“User Account” or “Account”).
process, Customer may be required to choose a password. Customer acknowledges and agrees that Service Provider may rely on this password to identify Customer. Customer is responsible for all use of Customer’s Account as well as any action taken thereunder, regardless of whether Customer authorized such access or use, and for ensuring that all use of Customer’s Account complies fully with the provisions of these Terms of Service.
3.4 The following instructions apply to creating a user account:
3.4.1 Do not create a user account that contains data that is not real and not full.
3.4.2 You may not create an account for a person who is not present in front of the computer screen at the time of registration or who does not accept the terms of this agreement.
3.4.3 The Customer can have one account per a Shopify Store. The customer shall not sell, trade or transfer any Popify Account to any other person or entity.
3.4.4 Registration to the site, including the creation of the user name and password, is personal and cannot be transferred without written permission from Popify.
3.4.5 When opening a User account, the User must verify that the account information he has created is current and accurate. Including updated email address, and updated payment information.
3.4.6 The customer shall ensure that the Customer’s ecommerce stores are compatible with the Service Provider’s tools. Customer must use the most current version of Chrome.
With regard to these provisions it should be emphasized that impersonation is a criminal offense.
- System and Technical support.
4.1. The Services will include all updates and new versions of the Software. However, Popify may release new services, products or modules which are not covered in this Agreement and which may be subject to additional fees.
4.2. The Service Provider will provide Technical Support to Customer via email. Customers may initiate a helpdesk ticket during Support Hours by visiting emailing support@Popify.c. The Service Provider will use commercially reasonable efforts to respond to all emails within two (2) business day.
4.3. Modifications and Changes to the Services. We may modify, add to, suspend, or delete any aspect of the Services offered by us, in whole or in
part, at our sole discretion at any time, with such modifications, additions or deletions being immediately effective. Such modifications, additions or deletions may include but are not limited to content offered, hours of availability, and equipment needed for access or use.
- Popify Plans.
5.1. Customers who elect to sign up for a paid service plan, (“Paid Plan,”) can do so via an Order Form and shall be entitled to receive the services compatible with the Paid Plan selected. Such services are listed via the Web site, available at https://www.appsify.com/pricing, and are subject to change in our sole and exclusive discretion.
- Fees, Payments, Refunds
6.1. Customers who sign up for Paid Plans shall pay a fee, (a “Service Fee”) in a pre-paid amount as set forth in the Order Form and as reflected on the Web site at http://www.Popify.com/pricing at the time of plan selection. Service Provider reserves the right to change the Service Fees, or any other applicable fees and charges and to institute new charges and Service Fees at the end of the initial Billing Cycle upon thirty (30) days prior notice to Customer (which may be sent by email).
6.2.All Service Fees as set forth herein shall be automatically pre-paid, in full, on a monthly or annual basis, (the “Billing Cycle,”) as selected upon registration by Customer, on the first (1st) day of the Billing Cycle, where the first (1st) day of the first (1st) Billing Cycle shall commence as of the date the Customer registers for a Paid Plan, (the “Effective Date.”) Payment shall be due and owing, in full, within thirty (30) calendar days of the Billing Date.
6.3.Customer is not responsible to collect or withhold any such taxes, including income tax withholding and social security contributions, for Service Provider as a result of Customer’s payment of any and all fees. Any and all taxes, interest, or penalties, including any federal, state, or local withholding or employment taxes, imposed, assessed, or levied as a result of these Terms shall be paid or withheld by Service Provider.
6.4.Users who terminate the use of their Accounts and the Services prior to the end of a Billing Cycle shall be entitled to receive a pro-rated refund of the Service Fees pre-paid by them for such Billing Cycle.
6.5.In the event a balance remains unpaid by Customer five (5) business days following the first (1st) day of the Billing Cycle for the Service Fee associated with the Paid Plan selected by Customer, Customer agrees and acknowledges that the Services shall be automatically suspended, without notice, until such payments are made, in arrears.
6.6. All fees, Payments & refunds are collected/execute by Shopify platform.
- Responsibility for adapting the service and its availability.
7.1. Popify services are provided as-Is and Popify do not guarantee the compatibility of Popify services to the user or in general and cannot guarantee the availability of Popify services.
7.2.It is the user’s responsibility to examine, prior to the use of the Popify services that these are indeed suitable for his needs and the user will have no claim due to the non-suitability of the Popify services to his needs.
7.3.It is the user’s responsibility to ensure its Internet connection prior to the use of Popify services. Popify will not bear any liability for damage that may be caused to the user due to problems in connection to the Internet.
- Lack of liability for information.
8.1. The information appearing on the site is not a professional advice or opinion. It is only the personal opinion of Popify users or the owners of Popify, their managers and employees – do not rely on or act on the basis of the information appearing on the site without verifying its correctness and legality.
8.2. Users on the site are not responsible for the inventory of products.
8.3. The pictures of the products appearing on the site are for illustration
purposes only, and for advertising purposes on the site.
8.4.Popify reserves the right to terminate the Popify activity at any time, for any period of time, for maintenance, due to the closure of Popify and for any purpose and for any other reason. Termination of such activity (temporary or permanent) shall not require advance notice or explanation to any party.
8.5. Popify is not responsible and shall not be liable – directly or indirectly – for any damage, loss of profits, expense, damage to good name, reliance, breach of contract, tort, etc. caused, if any, to any user, supplier and / or third party (Direct or indirect) with Popify, its use, the Products, their use, discontinuance of Popify (temporarily or permanently) and / or the Users.
8.6. Without prejudice to the above, if an external link appears on the Site, the Company and / or Popify shall not be liable in any manner whatsoever – direct or indirect – for the contents of that link, the information published therein, the images appearing therein, reliance on all such and any damage, And loss of profits, direct and / or indirect, caused by and / or in connection with such external connection.
8.7.Without prejudice to the generality of the foregoing, it is hereby clarified that due to technical difficulties and / or the need for Popify maintenance, user purchases may not be submitted or updated. Users of the Site must be aware that by doing so, they take full responsibility for any damage, reliance, expense, loss of profits, etc., which may result in such malfunctions.
- Limitation of liability for damages.
9.1.The liability of Popify, its management and employees for damages that may be caused to the user due to the use of Popify services or the unavailability of Popify services shall be limited, subject to any law, to the maximum amount paid by the user for the products purchased on the Site and / or the commissions paid in that calendar month.
9.2.If a mistake is made in a text description on the site, the company and / or the
management of Popify will not be liable.
10.Lack of responsibility for advertisements and outgoing links
10.1. Advertisements for third party products or services are displayed on this site under the auspices of an external service, which matches the advertisements to the content of the page. It is hereby clarified that Popify has no control over the selection of the advertisements displayed, the order of their appearance or the veracity of their design.
10.2. Some of the links (Hyper-Links) appearing on the Site refer to sites managed or owned by a third party. It is hereby clarified that the link to these sites is done solely for the convenience of the user and that Popify has not examined these sites and does not support them or is responsible for them, their contents or their security and that the use or delivery of information to these sites is the full responsibility of the user.
10.3. It should be emphasized that there is no distinction between marking internal links and outgoing links and that it is the user’s responsibility to verify the URL to which a link is directed before it is used.
11.Lack of responsibility for users actions.
11.1. As part of the Popify Services, and subject to the provisions of this Agreement, the users may be given the opportunity to upload and display various content, including the contents of the Site (hereinafter: “User Content”), including notices, articles, notices or feedback.
11.2. It is clarified that the mechanism for uploading the content of the users is, in whole or in part, a process conducted without human involvement and Popify cannot verify the identity of the uploader or examine the nature of the uploaded content before it is presented and will not be responsible for the content of the users displayed on the site.
11.3. As part of Popify’s services, part of the content of Popify, including
content of users, supplier pages or products, may be rated by the public.
11.4. It is hereby clarified that this rating does not reflect the opinion of Popify but only of users of the Site, and the User or the User, as the case may be, shall have no claim against Popify in respect of the rating given to it, its contents or products.
11.5. Without prejudice to the foregoing, if the surfer or User has a basis to assume that one person is behind several ratings of one item, he is invited to draw the attention of Popify who reserve the right to cancel rating actions made in violation of the terms of this agreement.
12.Uploading user content.
12.1. The user of the site declares and warrants that the uploading of the content to the site, or its use by Popify or Popify users, in accordance with this agreement, does not violate the laws of the State of Israel or in general, including infringement of copyright or trade mark, disclosure of trade secrets or infringement of privacy, Abomination or libel.
12.2. The user of the site undertakes not to upload content that may violate public policy, content that may infringe on the rights or feelings of a person, body or public, or advertising or misleading content.
12.3. Popify does not undertake to display the uploaded content and retain their right to refuse to upload or delete Content, as provided in this Agreement.
12.4. The user of the site retains the copyright to any content uploaded to the site and which owns the copyright therein (“User Content”), but grants a license, non-exclusive and unlimited, to Popify to make the content available to the public via the Internet and the rest Popify users use the content in accordance with this agreement.
12.5. It is clarified that the user of the site, as the owner of the copyright in the content of the user uploaded by him, is responsible for enforcing the usage rights in relation to this content.
12.6. The user of the site authorizes Popify to edit certain content uploaded to the site in order to adapt it to the Popify structure and undertakes to comply with the terms of the editing, as they appear on the content pages on the site.
13.Notification of infringing content.
Popify is responsible for the observance of the laws of the State of Israel – if you encounter any content that violates the laws of the State of Israel or at all, we would appreciate your attention by sending a notice specifying the infringing content and the nature of the violation, to: Support@Popify.com.
14.Copyright and use permissions.
14.1. The copyright in the design of Popify, the source code, elements and content of Popify is given to Popify or the creator of the content, as the case may be, and may not be performed in any manner which, under the Copyright Law, 2007, Explicit from the right owner.
14.2. Notwithstanding the foregoing, and unless stated otherwise – for the content of users or articles appearing on the site and for which the copyright is given to Popify, the user may copy the work or make it available to the public, subject to the following conditions:
14.2.1. Use of the work will be done on the Internet (HTTP protocol only), provided that the domain under which it is requested to display the work has not been used for an unlawful or contrary to public policy, including pornography and prohibited games.
14.2.2. Use of the work shall be for non-profit and non-commercial use. “Purpose of profit” – including presentation of the work to subscribers only. “Commercial mode” – includes the presentation of over 20 works that were taken from Popify by one legal entity or under its control.
14.2.3. The moral rights in the work shall be preserved – the work shall be brought as is – no alteration, distortion or defect shall be made in the work. Appropriate credit will be given to the creator of the work.
14.2.4. No changes will be made to the links coming out of the body, including adding new links, removing existing links, or adding nofollow or noindex order to existing links.
14.2.5. Next to the work, a prominent link (without a nofollow or noindex order) will be placed to the source of the work on the site, with the words “the name of the work” or “the source from the Popify site”.
15.1. The trademarks on the Site and the logo are the property of Popify / used by Popify to mark their services and products and may not be used without Popify express permission. 15.2. The other trademarks appearing on the website are the property of their
respective owners, as the case may be.
16.Change of conditions.
16.1. Popify may make changes, not material, to this Agreement or its appendices at any time and without having to give notice thereof in advance. Popify may make material changes to this Agreement or its appendices provided that notice thereof is presented in the framework of the page on which this Agreement or the Appendix is presented, as the case may be, at least 30 days before the changes take effect, provided that the following conditions are met:
16.1.1. The user of the site will be given the option to terminate the
agreement in this agreement before the changes take effect.
16.1.2. These changes shall not prejudice the actions performed by the
user before the changes took effect.
16.2. It is the responsibility of the user of the site to log on to this page to
determine whether any changes have been made to this agreement.
17.In order to avoid any unpleasantness, it is emphasized that in sending suggestions or comments regarding the functioning of Popify and its services (hereinafter: “Proposals”), the sender waives any right in these comments and shall have no claim of non-receipt of the comments or their transfer to a third party.
18.1. The User of the Site undertakes to indemnify Popify for any claim of any
person due to his actions on the Site.
18.2. The Users on the Site undertake to indemnify Popify against any claim by any third party against Popify due to their actions and / or their products and / or their publications.
19.Violations and remedies:
19.1. It is agreed that Popify and Popify records constitute an institutional record as defined in the Evidence Ordinance [New Version], 5731-1971, and shall constitute absolute proof of the correctness of what is stated in them. For violation of any third party’s user or third party, in case of offensive content that violates the rights of third parties or otherwise disqualifies, Popify Operator will follow the “Notice and Removal” procedure and remove the infringing content within a reasonable time from the date of receipt of the notice.
19.2. Do not copy Popify content. Among other things, and without derogating from the provisions of any law, no copying, reproduction, distribution, publication or other use of the contents appearing on the site shall be permitted unless Popify gives his consent, in writing and in advance.
19.3. The rights of third parties should not be infringed. It is strictly forbidden to copy and / or publish images and / or trademarks and / or specifications and / or videos from Popify and / or the Site without the prior written permission of Popify or the appropriate rights holder. Popify may apply a notice and
removal procedure in any case of suspected infringement of the rights of third parties, including intellectual property rights, copyrights, trademarks and any other right, at its sole discretion. Each party shall be responsible for its actions and omissions, including in connection with the contents published by it. Popify shall not be liable for third party violations.
19.4. Exploitation of rights against the responsible party. In the event of any breach or injury by users, suppliers or third parties, Popify may transfer to the injured party the details of the party allegedly responsible for the offending and / or infringing publication (hereinafter: “the responsible party”), at its sole discretion, and shall not be charged against it Any claim on the part of the responsible party, including due to the giving of such details as aforesaid, as well as by the party allegedly injured, including in connection with any cause and / or claim and / or demand which is evident from the fact that it is the result of an act or omission of a third party. The alleged injured party shall not take legal proceedings in the aforesaid cases against Popify at least as long as the proceedings have not been exhausted against the allegedly responsible party.
19.5. Behavior instructions. Without derogating from any other provision, any user, including a supplier, as well as a product or service on the Site, the following provisions shall apply:
19.5.1. Users are committed to fair and accurate information. Without derogating from the generality of the aforesaid, it is clarified that the furnishing of false information is a criminal offense.
19.5.2. Users are strictly prohibited from using language and / or offensive, obscene and / or offensive content and / or defaming and / or potentially defaming and / or violating any provision of law. A user who violates this section shall indemnify Popify immediately upon his first demand, including for any demand, claim or appeal to which any third party is addressed.
19.5.3. Without derogating from the foregoing, Popify may, but is not obligated, to take all legal measures at its disposal against users who violate the provisions of any law and / or the provisions of these Articles. In the event of such breach, Popify may immediately remove any User and / or Content and / or Product from Popify and / or transfer User Information to any statutory authority and / or to any other entity, and / or take any other step required under the circumstances under consideration the absolute opinion of Popify.
19.5.4. It is hereby clarified that Popify may edit and / or amend and / or add and / or delete and / or not to weigh and / or not display any content item or any part thereof, without being required to give notice in advance or retroactively.
19.5.5. The Popify Operator may publish on the Website or any other media or media the Contents and / or part of them, including user
feedback data or any part of them and / or use them for any other purpose, including Popify publication, and users will have no claim against advertising as mentioned.
19.5.6. Popify has no way of tracking the users’ identity and motives, nor does it have any responsibility in connection with them. Popify’ exclusive and exhaustive liability with regard to suppliers shall be for delivery of their particulars and upon delivery of such details shall be released from any other obligation and the user shall be deemed to have exercised his rights towards Popify in that matter.
19.5.7. The presentation of content on the site, including user feedback or the processing of the uploaded data, should not be viewed as an opinion and / or recommendation and / or expression of opinion and / or encouragement by the Popify operator with respect to the suppliers and / or the products and / or services in connection with which they were presented, rely on them.
19.5.8. In general, Popify may display the content or some of them automatically. All content is presented as-is (AS-IS), without checking their authenticity and / or accuracy. Popify shall not be liable for any kind of direct or indirect damages to any party, including users, as a result of and / or in connection with the content.
19.5.9. The Popify Operator may cancel any order and / or prevent a user from participating in purchases on the Site by blocking it, including in any of the following cases, which do not constitute an exhaustive list:
184.108.40.206. The perpetrator committed an illegal act and / or violated the
provisions of the law;
220.127.116.11. The perpetrator violated one of the terms of the regulations;
18.104.22.168. The person performing the action delivered a misleading message at the time of registration and / or thereafter, in writing or by telephone.
22.214.171.124. The perpetrator has committed an act or omission that could harm Popify operator and / or anyone acting on its behalf and / or the proper operation of Popify and / or any of the suppliers and / or any third party;
126.96.36.199. The perpetrator intends to resell the product or service to
which the third party will win and / or trade.
188.8.131.52. In the event that the product description falls into an unusual and obvious error, whether at the price of the product or in the description of the product;
19.5.10. Notice of cancellation may be delivered to the customer by telephone and / or in writing to an e-mail address that is updated on the customer’s card.
20.Choice of law and jurisdiction.
The laws that will apply to this Agreement are the laws of the State of Israel. The exclusive jurisdiction in any dispute arising from this Agreement or from the use or Popify Services is vested in the competent courts in the Tel Aviv District.