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Terms of Service

Last updated: June 28, 2026

1. Agreement

These Terms of Service ("Terms") govern your access to and use of the PopUp website and services at https://www.popupdrop.co(collectively, the "Service"), operated by PopUp("PopUp," "we," "us," or "our"). By creating an account, browsing, selling, buying, bidding, chatting, or otherwise using the Service, you agree to these Terms and our Privacy Policy. If you do not agree, do not use the Service.

2. The Service

PopUp is an online marketplace platform that enables independent sellers to run time-limited virtual pop-up shops, offer products (including flash sales and live auctions), stream live video, and sell physical goods to buyers. PopUp provides hosting, discovery tools, checkout technology, and payment facilitation. PopUp is not the seller of record for goods listed on the platform. Each sale is a transaction between the buyer and the individual seller, subject to these Terms and applicable law.

3. Eligibility

  • You must be at least 18 years old (or the age of majority in your jurisdiction, if higher) to create an account, sell, purchase, or bid.
  • You must provide accurate registration information and keep your account credentials secure. You are responsible for all activity under your account.
  • You may not use the Service if you are barred under applicable law or if we have suspended or terminated your account.

4. Seller terms

If you sell on PopUp, you additionally agree that:

  • You are solely responsible for your listings, descriptions, photos, pricing, inventory, shipping timelines, packaging, and customer service for your orders.
  • Prices you set should include the flat per-order shipping amount you configure. You must ship to the address provided and provide accurate tracking when requested.
  • You will comply with all applicable laws, including consumer protection, product safety, export, tax, and licensing requirements for the goods you sell.
  • You will not list prohibited items (see Section 8) or misrepresent products, condition, or availability.
  • Payouts are processed through Stripe Connect. You must complete Stripe's onboarding and identity verification to receive funds. Payout timing may include a hold period after you mark an order shipped (currently up to 72 hours) to allow for dispute and fraud review.
  • You authorize PopUp to deduct a platform fee of 9% (nine percent) from amounts otherwise payable to you, and to pass payment processing costs as configured through Stripe. We may change fees with reasonable notice.
  • You are the merchant of record for tax purposes unless otherwise required by law. You are responsible for determining, collecting, and remitting applicable sales, use, VAT, or similar taxes.

5. Buyer terms

  • When you purchase, you enter a contract directly with the seller. PopUp facilitates payment but does not take title to goods.
  • You authorize Stripe to charge your payment method for the total shown at checkout, including item price and shipping as set by the seller.
  • You must provide a valid shipping address and promptly communicate with the seller regarding delivery issues.
  • Live auctions and binding bids: If you place a bid in a live auction, your bid is an offer to purchase at that price if you are the winning bidder when the auction ends. Winning bidders are obligated to complete checkout. Failure to pay may result in account action and forfeiture of future bidding privileges.
  • Flash sales: Inventory may be limited. Checkout sessions may expire if not completed in time; a held item may be released to other buyers.

6. Payments, refunds, and disputes

  • Payments are processed by Stripe. PopUp does not store full payment card numbers.
  • Refunds, returns, and order issues are primarily between buyer and seller. Contact the seller first. PopUp may, but is not obligated to, assist with disputes.
  • Chargebacks and payment disputes are handled under Stripe's and applicable card network rules. Sellers may be debited for chargebacks or refunds as Stripe permits.
  • We do not guarantee that sellers will ship, that goods will meet expectations, or that disputes will resolve in your favor.

7. Live streaming and chat

  • Sellers may broadcast live video through PopUp's native streaming or embedded third-party players (e.g., YouTube, Twitch). Third-party streams are subject to those providers' terms as well.
  • You may not stream or post content that is unlawful, infringing, harassing, hateful, sexually exploitative, dangerous, or otherwise violates these Terms.
  • Chat and room features are for community interaction during shops. We may moderate, remove messages, mute users, or end streams that violate these Terms.
  • Recording:Do not record or redistribute others' streams or personal information without consent where required by law.

8. Prohibited conduct and items

You agree not to:

  • Violate any law or third-party rights.
  • List or sell illegal goods, stolen property, counterfeit items, weapons where prohibited, controlled substances, recalled products, or other items we prohibit in our discretion.
  • Manipulate auctions, bids, reviews, or reminder counts.
  • Scrape, reverse engineer, or overload the Service.
  • Circumvent fees, payouts, or security measures.
  • Impersonate others or misrepresent your affiliation with PopUp.

We may remove listings, cancel transactions, withhold payouts, or suspend accounts for violations.

9. Your content and license

You retain ownership of content you submit (listings, images, stream footage, chat). You grant PopUp a worldwide, non-exclusive, royalty-free license to host, display, reproduce, and distribute your content solely to operate, promote, and improve the Service. You represent that you have all rights necessary to grant this license.

10. Copyright complaints (DMCA)

If you believe content on the Service infringes your copyright, send a notice to legal@popupdrop.co including: (1) identification of the copyrighted work; (2) identification of the infringing material and its location; (3) your contact information; (4) a statement of good-faith belief; (5) a statement under penalty of perjury that your notice is accurate and you are authorized to act; and (6) your physical or electronic signature. We may remove content and terminate repeat infringers. Counter-notice procedures under 17 U.S.C. § 512 may apply.

11. Termination

You may stop using the Service at any time. We may suspend or terminate your access, remove content, or cancel shops at any time for any reason, including violation of these Terms, risk concerns, or legal requirements. Sections that by nature should survive (payment obligations, disclaimers, liability limits, indemnity, dispute terms) survive termination.

12. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, POPUP DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT UNINTERRUPTED, SECURE, OR ERROR-FREE OPERATION, OR THE CONDUCT OF USERS, SELLERS, OR THIRD-PARTY PROVIDERS.

13. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, POPUP AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, DATA, OR GOODWILL, ARISING FROM YOUR USE OF THE SERVICE. OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF THESE TERMS OR THE SERVICE IS LIMITED TO THE GREATER OF (A) AMOUNTS YOU PAID TO POPUP IN PLATFORM FEES IN THE TWELVE (12) MONTHS BEFORE THE CLAIM OR (B) ONE HUNDRED U.S. DOLLARS ($100). SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS; IN THOSE CASES, OUR LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

14. Indemnification

You will defend, indemnify, and hold harmless PopUp from claims, damages, losses, and expenses (including reasonable attorneys' fees) arising from your content, your products, your sales or purchases, your breach of these Terms, or your violation of law or third-party rights.

15. Dispute resolution and governing law

These Terms are governed by the laws of the State of California, United States, without regard to conflict-of-law rules. Except where prohibited, you and PopUp agree that disputes will be resolved by binding individual arbitration rather than in court, and you waive any right to participate in a class action. Either party may seek injunctive relief in court for intellectual property or unauthorized access. If arbitration does not apply to you (for example, certain consumer protections in your jurisdiction), you agree that exclusive venue for such claims will be the state and federal courts located in Los Angeles County, California, including the city of Hermosa Beach.

16. Changes

We may update these Terms from time to time. We will post the revised Terms with an updated "Last updated" date. Material changes may be communicated by email or in-product notice where required. Continued use after changes take effect constitutes acceptance.

17. Contact

Questions about these Terms: legal@popupdrop.co.