Terms of Service — Popsixle

Last updated: 4/29/2025

THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION PROVISION AND WAIVER OF JURY TRIAL.

ScaleCommerce Inc., DBA Popsixle ("Popsixle", "we", "us") provides this website (the "Site") and the related software, data, tools, and services (collectively, the "Software"). By accessing or using the Software, you agree to these Terms of Service (the "Agreement"). If you do not agree, do not use the Software.

Facebook App — Purpose and Use

Popsixle uses Facebook Login and the Marketing API to:

  • Authenticate you (OAuth) and obtain a long‑lived User Access Token with appropriate scopes.
  • Discover assets you can access (ad accounts and pixels).
  • Read Ads Insights for a user‑selected ad account.
  • Send Conversions API (CAPI) events using a Pixel access token (recommended) or a system user token — not your user token.

You must comply with Facebook Platform Terms and applicable policies. Popsixle will only use granted permissions to provide requested functionality and will not transfer Facebook data except as permitted to your connected assets.

License

Subject to this Agreement, we grant you a limited, revocable, non‑exclusive, non‑transferable, non‑sublicensable license to access and use the Software. No other rights are granted.

License to Client Data

You grant Popsixle a royalty‑free, non‑exclusive license to process data you provide ("Client Data") to: (i) deliver reports and functions; (ii) analyze and improve the Software; and (iii) compile aggregated, de‑identified statistics about usage. You represent and warrant you have rights to provide Client Data.

Incorporated Terms

This Agreement incorporates our Privacy Policy as if fully set forth herein.

Eligibility & User Obligations

  • You have legal capacity and will comply with this Agreement and applicable laws.
  • You will not use the Software for unlawful purposes or attempt to bypass security.
  • You will maintain the confidentiality of credentials and are responsible for account activity.
  • You will not reverse engineer, scrape at scale, or interfere with operation of the Software.

Payment

Transactions, if any, are processed via compliant payment providers. Payment terms may include a monthly subscription as presented in the Software. Card data is handled by the payment provider; Popsixle does not store card PANs.

Disclaimers & Limitation of Liability

THE SOFTWARE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, POPSIXLE AND ITS AFFILIATES SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, DATA, OR GOODWILL. WHERE NOT PROHIBITED, TOTAL LIABILITY SHALL NOT EXCEED THE GREATER OF $500 OR FEES PAID IN THE SIX MONTHS PRECEDING THE CLAIM.

Indemnification

You agree to defend, indemnify, and hold harmless Popsixle and its affiliates from claims arising out of your Content, your use of the Software, or your breach of this Agreement or applicable law.

Governing Law; Arbitration; Waiver of Jury Trial

This Agreement is governed by the laws of the State of Delaware and the Federal Arbitration Act. Any dispute will be resolved exclusively by binding arbitration (AAA rules) in Richland, Michigan, on an individual basis. YOU WAIVE THE RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION. Either party may seek injunctive relief in court for intellectual property misuse. Venue for any permitted court action is Boston, Massachusetts.

DMCA & Complaints

For copyright notices (DMCA) or other complaints, contact: success@popsixle.com or the address below. Provide all information required by applicable law to evaluate your request.

General

  • Severability, assignment, no waiver, and equitable remedies apply as customary.
  • We may update these Terms prospectively. Continued use constitutes acceptance.
  • This Agreement (with incorporated Privacy Policy) is the entire agreement between you and Popsixle.

Legal Department, ScaleCommerce Inc., 10864 M‑43, Richland, MI 49083 • success@popsixle.com