PopCal Terms of Service

Version Date: July 28, 2025

These Terms govern your access to and use of the PopCal platform and related services (“Services”) provided by PopCal Technologies LLC (“PopCal,” “we,” “us,” or “our”). By using the Services, you agree to be bound by these Terms. If you do not agree, you may not use the Services.

1. Applicability

These Terms apply to two groups of users: (a) “Customers,” meaning organizations that subscribe to the Services, and (b) “End Users,” meaning individuals (such as athletes, coaches, parents, or guardians) who access or use the Services through a Customer account. If you use the Services on behalf of an organization, you represent that you are authorized to bind it to these Terms. The Services are not directed to children under 13, and Customers are responsible for ensuring any use by minors complies with applicable law, including obtaining verified parental or guardian consent where required.

2. Our Services

PopCal provides a software-as-a-service platform that helps athletic clubs and similar organizations manage scheduling, communication, billing, and other day-to-day business functions. End Users may use the Services to receive messages via email or SMS, view event information, and, where applicable, submit payments. We may modify or enhance the Services from time to time, and such modifications may alter the appearance, behavior, or functionality of the platform. By continuing to use the Services after changes are made, you accept those changes.

3. Demos and Trials

PopCal may, at its sole discretion, provide access to the Services on a trial or demonstration basis. Any such access is provided “as is” and may be limited in duration or functionality. PopCal reserves the right to modify or revoke trial access at any time without notice. These Terms apply in full to any use of the Services under a demo or trial.

4. Account Registration; Security

In order to use certain features of the Services, Customers must register an account with us. Customers are responsible for ensuring that their registration information, including business locations, organizational credentials, and athletic club or organization details, is accurate and not misleading. Customers are responsible for maintaining accurate registration information, keeping account credentials confidential, and implementing appropriate access controls. End Users may access the Services through a single login that supports multiple profiles, each associated with a different Customer account. Each profile is managed independently by the corresponding Customer. Any misrepresentation of Customer information or failure to properly manage account access may, in PopCal’s sole discretion, result in suspension or termination of the Customer’s account and associated End User access without refund. If you are an End User, you agree not to share your login credentials with others and to notify your club or PopCal immediately if you suspect any unauthorized use of your account. We reserve the right to suspend or terminate any account that we reasonably believe to be compromised, inactive, or in violation of these Terms.

5. Acceptable Use

You may use the Services only in compliance with applicable laws and these Terms. You agree not to misuse the Services or help anyone else do so. This includes not attempting to interfere with the normal functioning of the Services, not accessing or using the Services to violate the rights of any person or organization, and not transmitting any malicious code, spam, or other unauthorized communications. You also agree not to reverse-engineer, decompile, or modify any software provided by PopCal, including client-side code, except as permitted by law or an applicable open source license. We reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates this section, including terminating access to the Services.

6. Fees and Payment

Customers are billed according to the billing method and plan selected in their account, which may include upfront charges, monthly usage-based charges in arrears, or a combination of both. All fees are processed through our third-party payment provider using the payment method on file, and Customers must maintain accurate payment information. Payment obligations are non-cancelable and fees are non-refundable, except as required by law. Subscriptions renew month-to-month until canceled, with termination effective at the end of the current billing period. PopCal may adjust pricing or usage rates upon reasonable notice via email or through the Services, and continued use after such notice constitutes acceptance of the new pricing.

7. Data and Privacy

“Customer Data” means any data, content, or information submitted to the Services by or on behalf of a Customer or its End Users, including personal information of End Users. Customers retain all rights, title, and interest in Customer Data, subject to the license granted below. Customers grant PopCal a non-exclusive, worldwide, royalty-free license to host, store, transmit, and process Customer Data as necessary to provide and improve the Services and as described in the PopCal Privacy Policy. Customers represent and warrant that they have all necessary rights to provide Customer Data and are solely responsible for its accuracy and lawful collection, including obtaining and maintaining any required parental or guardian consent for minors.

8. Privacy

PopCal’s Privacy Policy explains what information we collect, how we use it, and the rights you have regarding your data. All personal information is stored and processed on secure cloud infrastructure with industry-standard encryption and access controls. PopCal does not sell or rent Customer Data and only shares personal information with third parties when necessary to deliver the Services or as required by law. Your use of the Services constitutes your consent to the collection, use, and processing of Customer Data in accordance with these Terms and the PopCal Privacy Policy.

9. Third-Party Services

Our Services rely on integrations with third-party platforms to function effectively. These include payment processors, messaging services, analytics tools, and infrastructure providers. By using the Services, you acknowledge that your information may be transmitted to and processed by these third-party providers. PopCal is not responsible for the availability, performance, or accuracy of third-party services, nor do we guarantee that they will be free from interruptions, security vulnerabilities, or policy changes. Your use of third-party tools is governed by their respective terms of service and privacy policies. Customers are solely responsible for assessing, collecting, and remitting any taxes related to their use of the Services or transactions with End Users. PopCal may provide tools to facilitate tax calculation or reporting, but PopCal does not assume any obligation to determine tax applicability or to remit taxes on a Customer’s behalf.

10. Communications

By using the Services, you agree to receive electronic communications related to your account, scheduled events, payments, and service updates. These communications may be delivered through various channels, including email, SMS, in-app or push notifications, or other electronic messaging services. Communications may be sent by PopCal or by the Customer associated with your account. You may opt out of non-essential communications by following the unsubscribe or preference instructions included in the message or available in the Services. However, transactional messages (such as payment confirmations or critical service notifications) may still be sent as needed. Standard message and data rates may apply depending on your carrier or service provider.

11. Intellectual Property

PopCal and its licensors retain all right, title, and interest in and to the Services, including all software, text, graphics, logos, and other content provided through the platform. These materials are protected by copyright, trademark, and other intellectual property laws. Nothing in these Terms grants you any right or license to use any PopCal trademarks, logos, or proprietary content, except as necessary to access and use the Services in accordance with these Terms. Any unauthorized use of PopCal intellectual property is strictly prohibited. You acknowledge that unauthorized use of PopCal’s intellectual property may cause irreparable harm, and PopCal is entitled to seek injunctive relief in addition to other remedies.

12. Termination

We may suspend or terminate your access to the Services at any time, with or without notice, if we believe you have violated these Terms or engaged in any conduct that may harm PopCal, its users, or its partners. Customers may terminate their subscription at any time through their account settings. Upon termination, you will continue to have access until the end of the paid billing period. End Users may lose access if the Customer’s subscription is canceled or suspended. If a Customer account is suspended or terminated, PopCal has no obligation to provide continued access to that data. Any provisions that by their nature should survive termination, including those relating to data, intellectual property, disclaimers, limitations of liability, and governing law, will continue to apply after your access to the Services ends.

13. Disclaimers and Warranties

The Services are provided on an “as is” and “as available” basis without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, non-infringement, or accuracy. PopCal does not guarantee the Services will be uninterrupted, secure, or error-free and is not responsible for scheduling errors, miscommunications, or any failure or delay caused by factors beyond our reasonable control, including acts of God, internet failures, or acts of government. You use the Services at your own risk.

14. Limitation of Liability; Indemnification

To the maximum extent permitted by law, PopCal and its affiliates are not liable for any indirect, incidental, consequential, special, exemplary, or punitive damages, or for lost profits, revenues, data, goodwill, or business interruption, even if advised of the possibility of such damages. PopCal’s total liability for all claims under these Terms is limited to the greater of the amounts actually paid by the Customer for the Services during the six (6) months preceding the claim or one hundred U.S. dollars ($100) if no fees were paid. PopCal is not liable for unauthorized access to or use of Customer Data except to the extent caused by PopCal’s gross negligence or willful misconduct. Customers agree to indemnify and hold harmless PopCal from any claims, damages, or expenses arising from (a) Customer Data, (b) Customer’s failure to collect or remit taxes, or (c) Customer’s violation of applicable law in connection with the Services.

15. Governing Law

These Terms and any related disputes shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law provisions. You agree that any legal action or proceeding shall be brought exclusively in the state or federal courts located in Delaware, and you consent to the jurisdiction of those courts.

16. Assignment

You may not assign these Terms without PopCal’s prior written consent. PopCal may assign them without restriction, including in connection with a merger, acquisition, or sale of assets. These Terms bind and benefit the parties and their successors and permitted assigns.

17. Changes to These Terms

We may update these Terms from time to time in our sole discretion. If we make material changes, we will notify you by email or through the Services. The revised Terms will be effective as of the date they are posted, and your continued use of the Services after that date constitutes your acceptance of the changes.

18. Entire Agreement

These Terms constitute the entire agreement between you and PopCal regarding the Services and supersede all prior or contemporaneous communications. If you have any questions about these Terms, you may contact us via email at legal@popcal.com.