Terms and Conditions
The ground rules for using Poppi Social. Please read these before you create an account.
Acceptance of Terms
By creating an account or using Poppi Social (the "Service"), you agree to be bound by these Terms and Conditions (the "Terms"). If you do not agree, do not create an account or use the Service. These Terms are a legal agreement between you and Poppi Social Pty Ltd (ABN 98 255 371 131) ("Poppi Social", "we", "us", or "our").
You must be at least 18 years old to use the Service. By using it, you confirm you are 18 or over.
What the Service Is
Poppi Social is a creator management platform providing tools for content planning, brand deal tracking, analytics, and income management. We may add, change, or remove features over time.
Your Account
You are responsible for keeping your login credentials secure and for all activity under your account.
You agree to provide accurate information and to keep it up to date.
You must not share your account, use it unlawfully, or attempt to disrupt or reverse-engineer the Service.
Acceptable Use
You agree not to use the Service to:
- post, store, or share content that is unlawful, infringing, defamatory, harassing, or that violates anyone's rights;
- upload content you do not have the right to use, including content that infringes someone else's intellectual property;
- impersonate any person or misrepresent your connection to a brand or third party;
- attempt to access accounts, data, or systems you are not authorised to access;
- scrape, copy, or harvest data from the Service except as expressly permitted;
- introduce malware, or interfere with or place unreasonable load on the Service or its infrastructure; or
- use the Service to breach any law or the terms of a connected third-party platform.
We may remove content or suspend access if we reasonably believe these rules have been breached.
Intellectual Property and Your Content
Our IP. We own all intellectual property rights in the Service, including the Poppi Social platform, software, design, and branding. These Terms do not give you any rights in our IP except the right to use the Service as intended while your subscription is active.
Your content. You keep ownership of the content, media, and records you put into the Service ("Your Content"). You grant us a limited, non-exclusive licence to host, store, display, and process Your Content only as needed to provide the Service to you. This licence ends when you delete Your Content or close your account, except for copies we are required to keep by law or that remain in routine backups for a limited period.
Fees, Billing, and Renewal
Subscriptions. The Service is offered on monthly and annual subscription plans. Current prices are shown at the point of purchase. Prices are in US dollars (USD) unless stated otherwise.
Automatic renewal. Subscriptions renew automatically at the end of each billing period (monthly or annual) at the then-current price, unless you cancel before the renewal date. We will give you reasonable advance notice of any price increase before it takes effect.
Payment. Payments are processed by Stripe. By subscribing, you authorise us (via Stripe) to charge your chosen payment method for each billing period. If a payment fails, we may suspend your access until the amount owed is paid.
Cancellation. You can cancel any time from your account settings. Cancellation stops the next renewal. Your access continues until the end of the period you have already paid for.
Refunds
We do not offer refunds for subscription fees already paid, except where a refund is required by law. Nothing in this section limits your rights under the Australian Consumer Law (see the Australian Consumer Law and Consumer Guarantees section below). If a consumer guarantee applies and we have failed to meet it, you may be entitled to a remedy regardless of this policy.
Australian Consumer Law and Consumer Guarantees
Our Service comes with guarantees that cannot be excluded under the Australian Consumer Law. Nothing in these Terms excludes, restricts, or modifies any guarantee, right, or remedy you have under the ACL or any other law that cannot lawfully be excluded.
Where the ACL permits us to limit our liability for a failure to meet a consumer guarantee (other than for goods or services of a kind ordinarily acquired for personal, domestic, or household use), our liability is limited, at our option, to:
- supplying the Service again; or
- paying the cost of having the Service supplied again.
Disclaimers — Data, Publishing, and Availability
Subject to the Australian Consumer Law and Consumer Guarantees section above and to the maximum extent permitted by law:
You are responsible for keeping your own backups of all content, records, and files you enter into the Service. We are not liable for loss, corruption, or deletion of your data except to the extent caused by our failure to take reasonable care or required under a consumer guarantee.
Publishing to third-party platforms. Where the Service publishes to third-party platforms (such as social media networks) on your behalf, it relies on those platforms and their APIs, which we do not control. We do not guarantee that scheduled posts will publish successfully, on time, or in any particular format. Publishing may fail due to platform changes, API limits, authentication issues, connectivity, or platform policy. We are not liable for such failures except to the extent caused by our failure to take reasonable care.
Availability. We aim to keep the Service available but do not guarantee uninterrupted or error-free access. The Service may be unavailable during maintenance or due to technical issues.
No Financial, Legal, or Tax Advice
The Service provides tools for tracking deals and income. It does not provide financial, legal, tax, or business advice. Figures and reports generated by the Service are for your own information only. You should consult qualified professionals before making financial or business decisions. We are not responsible for decisions you make based on data in the Service.
Limitation of Liability
Subject to the Australian Consumer Law and Consumer Guarantees section and to the maximum extent permitted by law:
- we are not liable for any indirect, incidental, special, or consequential loss, or for lost profits, revenue, data, or business opportunities;
- our total liability to you for all claims in any 12-month period is limited to the amount you paid us for the Service in the 12 months before the claim arose.
Your Indemnity to Us
To the maximum extent permitted by law, you agree to indemnify us against claims, losses, and reasonable legal costs arising from:
- your breach of these Terms;
- content you post or submit through the Service;
- your infringement of someone else's rights, including intellectual property rights; and
- your unlawful or unauthorised use of the Service.
This indemnity does not apply to the extent a claim is caused by our own breach, negligence, or wilful misconduct, or to the extent it would be inconsistent with the Australian Consumer Law.
Third-Party Integrations
The Service integrates with third-party platforms. We are not responsible for their availability, functionality, changes, terms, or privacy practices. Your use of those platforms is governed by their own terms.
Suspension and Termination
By you. You can stop using the Service and cancel your subscription at any time from your account settings.
By us. We may suspend or terminate your account if you breach these Terms, if required by law, or to protect the Service or other users. Except where it is not practical (for example, a serious breach or a legal requirement), we will give you reasonable notice.
Your data on termination. Before terminating for reasons other than a serious breach, we will give you a reasonable opportunity to export your data. After termination we may delete your data in line with our Privacy Policy and the retention periods stated there.
Your Data and Privacy
How we handle your personal information is set out in our Privacy Policy. The retention periods in that policy apply to your data. These Terms and the Privacy Policy are intended to be read together; if there is a genuine conflict about how long we keep data, the Privacy Policy governs.
Changes to These Terms
We may update these Terms from time to time. For material changes, we will give you reasonable notice (for example, by email or an in-app notice) before they take effect. Your continued use of the Service after the changes take effect means you accept the updated Terms. If you do not accept them, you may cancel.
Events Outside Our Control
We are not liable for any failure or delay caused by events beyond our reasonable control, including natural disasters, war, civil unrest, fire, flood, network or infrastructure failures, or actions of third-party platforms or suppliers.
Disputes and Governing Law
These Terms are governed by the laws of New South Wales, Australia. If a dispute arises, we both agree to first try to resolve it informally by contacting each other. If it cannot be resolved within 30 days, the dispute may be dealt with by the courts of New South Wales, and you and we submit to the non-exclusive jurisdiction of those courts.
Nothing in these Terms prevents you from making a complaint to a regulator or accessing any dispute resolution scheme available to you under law.
General
Entire agreement. These Terms and our Privacy Policy are the entire agreement between you and us about the Service.
Severability. If any part of these Terms is found unenforceable, the rest continues to apply.
No waiver. If we do not enforce a right, that is not a waiver of it.
Contact Us
Questions about these Terms? Contact us at hello@poppisocial.app.
By creating an account or using Poppi Social, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.