Overview
These Terms of Service (“Terms”) govern your access to and use of getwoohoo.com, the WooHoo application, and related services (together, the “Service”), provided by WooHoo Labs, Inc. (“WooHoo”, “we”, “us” or “our”). By creating an account, installing the app, or otherwise using the Service, you agree to these Terms. If you are using the Service on behalf of a business, you agree on that business’s behalf and confirm you have authority to do so.
If you do not agree to these Terms, do not use the Service. Your use is also subject to ourPrivacy Policy.
Accounts and eligibility
You must be at least 16 years old and able to form a binding contract to use the Service. You are responsible for the information you provide, for keeping your account credentials secure, and for all activity that occurs under your account. Notify us promptly atteam@getwoohoo.com if you suspect unauthorized use.
The Service
WooHoo provides popup and gamification tools — including spin-to-win wheels and othergamified popups — that help ecommerce stores capture subscribers and run on-site campaigns. We may add, change, or remove features over time. We aim to give reasonable notice of material changes that reduce core functionality, but the Service is provided on an evolving basis.
Plans, billing and trials
The Service is offered on a free plan and paid subscription plans described on ourpricing page. Where you install WooHoo through the Shopify App Store,billing is handled by Shopify under Shopify’s billing terms, and charges appear on your Shopify invoice. Subscriptions renew automatically each billing period until cancelled.
- Paid plans include a free trial period as stated at signup; you will not be charged for the plan until the trial ends.
- You can change or cancel your plan at any time; cancellation takes effect at the end of the current billing period, and fees already charged are non-refundable except where required by law.
- Prices may change; we will give advance notice of price changes affecting your plan.
Acceptable use
You agree not to use the Service to:
- break the law, infringe others’ rights, or violate Shopify’s or any integrated platform’s policies;
- send unsolicited messages, or collect contacts without a lawful basis and appropriate consent;
- upload malware, attempt to gain unauthorized access, or interfere with the Service’s operation or security;
- reverse engineer, resell, or copy the Service except as permitted by law;
- display content that is deceptive, unlawful, or harmful, or misrepresent prize odds in a way that deceives shoppers.
We may suspend or limit access if we reasonably believe you are violating these Terms.
Your content and data
You retain ownership of the content, branding, and data you provide or collect through the Service (“Your Content”). You grant us a limited license to host, process, and display Your Content solely to operate and improve the Service. You are responsible for Your Content and for having the rights and consents needed to use it, including consent to contact the subscribers you capture. Our handling of personal information is described in ourPrivacy Policy, including our role as a data processor for merchants.
Intellectual property
The Service, including its software, templates, designs, and trademarks, is owned by WooHoo or its licensors and is protected by intellectual-property laws. We grant you a non-exclusive, non-transferable right to use the Service during your subscription. Except for Your Content, nothing in these Terms transfers any ownership to you. Feedback you send us may be used without restriction or obligation.
Third-party services
The Service integrates with third-party platforms such as Shopify and email providers (for example Klaviyo, Omnisend, and Mailchimp). Your use of those services is governed by their own terms, and we are not responsible for them. If a third-party service changes or becomes unavailable, related features of the Service may be affected.
Disclaimers
The Service is provided “as is” and “as available,” without warranties of any kind, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Service will be uninterrupted, error-free, or secure, and any performance figures, benchmarks, or conversion rates we publish are directional estimates, not guarantees of results.
Limitation of liability
To the maximum extent permitted by law, WooHoo and its affiliates will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenue, data, or goodwill. Our total liability for any claim arising out of or relating to the Service will not exceed the amount you paid us for the Service in the twelve months before the event giving rise to the claim, or one hundred U.S. dollars if you have paid us nothing.
Indemnification
You agree to indemnify and hold WooHoo harmless from claims, damages, and expenses (including reasonable legal fees) arising out of Your Content, your use of the Service, or your violation of these Terms or applicable law.
Termination
You may stop using the Service and uninstall the app at any time. We may suspend or terminate your access if you materially breach these Terms, if required by law, or if we discontinue the Service. On termination, your right to use the Service ends; sections that by their nature should survive — including intellectual property, disclaimers, liability, and indemnification — will continue to apply.
Governing law
These Terms are governed by the laws of the State of Delaware, USA, without regard to its conflict-of-laws rules. The courts located in Delaware will have exclusive jurisdiction over any dispute, except that either party may seek injunctive relief in any court of competent jurisdiction. Nothing here limits any mandatory consumer rights you have under the laws of your home country.
Changes to these terms
We may update these Terms from time to time. When we do, we will revise the effective date above, and for material changes we will provide additional notice, such as an email or an in-app message. Your continued use of the Service after changes take effect means you accept the updated Terms.
Contact us
Questions about these Terms? Reach us at team@getwoohoo.com or through our contact page. You can also write to WooHoo Labs, Inc., Attn: Legal.