Terms of Service

1 Acceptance of Terms

By accessing or using the Popsicle platform ("Service"), you agree to be bound by these Terms of Service ("Terms"). If you are using the Service on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms. If you do not agree to these Terms, you must not access or use the Service. These Terms apply to all visitors, users, and others who access or use the Service, including during any free trial period.

2 Account Registration & Free Trial

To use the Service, you must register for an account and provide accurate, complete, and current information. You are responsible for safeguarding your account credentials and for all activities that occur under your account. You must notify us immediately of any unauthorized use of your account.

Popsicle offers a 14-day free trial of the Service. A valid credit card is required at the time of registration to activate your trial. Your credit card will not be charged during the trial period. At the end of the trial, your selected subscription plan will begin automatically and your credit card will be charged according to the plan's billing cycle. You may cancel at any time before the trial ends to avoid being charged.

We reserve the right to modify, suspend, or discontinue the free trial offering at any time without prior notice. Limitations on the number of trials per organization may apply.

3 Subscription & Billing

Paid plans are billed on a monthly basis in Canadian Dollars (CAD). All fees are non-refundable except as expressly stated in these Terms or as required by applicable law. You are responsible for all applicable taxes. We reserve the right to change our pricing with 30 days' advance notice. Price changes will take effect at the start of your next billing cycle following the notice period.

You may upgrade or downgrade your plan at any time. Upgrades take effect immediately and you will be charged a prorated amount for the remainder of the current billing cycle. Downgrades take effect at the start of the next billing cycle. To cancel your subscription, provide 30 days' written notice. Upon cancellation, your account will remain active until the end of the current billing period.

4 Acceptable Use

You agree not to use the Service in any way that violates applicable laws or regulations, infringes on the rights of others, or could damage, disable, or impair the Service. Specifically, you agree not to: reverse engineer or attempt to extract the source code of the Service; use the Service to send unsolicited communications; upload content that contains malware or malicious code; access another user's account without authorization; or use automated tools to scrape or extract data from the Service beyond the features we provide.

You are solely responsible for the data you upload to the Service, including ensuring you have the necessary consents and legal basis to collect, store, and process any personal information of staff, contractors, or other individuals.

5 Intellectual Property

The Service and its original content (excluding user data), features, and functionality are and will remain the exclusive property of Popsicle and its licensors. The Service is protected by copyright, trademark, and other laws. Our trademarks and trade dress may not be used in connection with any product or service without prior written consent.

You retain all rights to your own data uploaded to the Service. By using the Service, you grant us a limited, non-exclusive license to process, store, and display your data solely for the purpose of providing the Service to you.

6 Data & Privacy

Your privacy is important to us. Our collection and use of personal information in connection with the Service is as described in our Privacy Policy, which is incorporated into these Terms by reference. By using the Service, you consent to the collection and use of your information as outlined in the Privacy Policy.

You are responsible for ensuring that your use of the Service complies with all applicable privacy laws, including PIPEDA, and that you have obtained all necessary consents from individuals whose personal information you upload to the platform.

7 Limitation of Liability

In no event shall Popsicle, its directors, employees, partners, agents, suppliers, or affiliates be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation loss of profits, data, use, goodwill, or other intangible losses, resulting from your access to or use of (or inability to access or use) the Service, any conduct or content of any third party on the Service, any content obtained from the Service, or unauthorized access, use, or alteration of your transmissions or content.

In no event shall Popsicle's total aggregate liability exceed the amount paid by you to Popsicle during the twelve (12) months preceding the event giving rise to the claim.

8 Termination

We may terminate or suspend your account immediately, without prior notice or liability, for any reason, including without limitation if you breach these Terms. Upon termination, your right to use the Service will immediately cease.

You may terminate your account at any time by providing 30 days' written notice and discontinuing use of the Service. Upon account termination, we will retain your data for a period of 30 days, after which it will be permanently deleted. You may request a data export during this retention period.

9 Changes to Terms

We reserve the right to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. We will notify you of material changes by posting the new Terms on our website and by sending a notice to the email address associated with your account.

Continued use of the Service after any changes to the Terms constitutes acceptance of those changes. If you do not agree with the new Terms, you must stop using the Service and request account termination.