Terms of use

What this is

popup.app is operated by the maker of Popup ("we", "us"). Using the site means accepting these terms. If you do not accept them, do not use it.

Popup is under active development and offered as it is. Features appear and change, and it may be unavailable at any time without notice.

Popups on the map

Every popup on the map is a business that registered with us and that we checked before listing it. Checking means we looked at what it told us; it is not an inspection, a licence or an endorsement. What a popup says about itself — where it is, when it is open, what it offers and at what price — is its own, not ours, and we do not warrant it. Nothing on this map is an offer from us, a recommendation, or a promise that anything is open, safe or as described.

If you buy from a popup, you are buying from that business, not from us. Any dispute about what you bought is between you and the business.

If you have a popup

Businesses join by invitation or by asking us, and we check each one before it is listed. If you have a popup:

• What you register must be true and yours to use: a business you run, a name you have a right to, and your own email address.
• Pop up only where you are really standing and really open, and only somewhere you are allowed to trade. Pack up when you close.
• What you put on your page — words, links and pictures — must be yours to publish and not unlawful, misleading or someone else's. You keep it. You give us a non-exclusive, worldwide, royalty-free licence to store, copy, resize, re-encode and show it on popup.app and in the app, and in the emails we send you, for as long as it is up and for the short time our backups take to age out.
• Pictures are of what you sell, your stand and your work. No nudity or sexual content, violence or gore, hate, weapons, drugs, or anything else you may not sell where you trade. No one else's personal details, and no pictures of people who haven't agreed to be on your page.
• Every picture is checked automatically before it is shown, first in the app and then on our server. A picture the check won't take is not uploaded or kept. One it isn't sure about waits, seen only by you, until a person at Popup has looked. Automatic checks make mistakes: if one refuses a picture that follows these terms, write to us.
• Anyone can report a page or a picture. We read every report by hand. We may take down a picture or part of a page that breaks these terms straight away, and we will email you to say what came down and why.
• Your account is the email address it was registered with: anyone who can open that inbox can sign in. Keep it to yourself, and use "Sign out everywhere" if a device is lost.
• Your business is yours to run lawfully. Permits, licences, health and food-safety rules, taxes, and what you sell and to whom are your responsibility, not ours.
• If someone brings a claim against us because of your page, your pop ups or what you sold, or because you broke these terms, you will cover our reasonable costs of it, including legal fees. We will tell you about the claim promptly and let you help answer it.
• Being listed is free. We may decline a request, and we may take a popup off the map or close an account that breaks these terms, puts anyone at risk, or that we have reason to think is not what it claims to be.

Featuring a pop up

• While you are out, you can pay to feature that pop up: your photo above your gem, a stone that can be seen from further away, and the first places in search nearby. It is always labelled Sponsored. The price, in US dollars, is shown before you pay.
• You pay once for one pop up, and it lasts until you pack up, or until the night reaches its limit and we pack it up for you. It does not carry over to your next pop up, and you can't buy a position, a number of views or a result.
• Payment is taken by Stripe on its own page; we never see your card. You are featured only once Stripe confirms the payment.
• If your pop up is over before the payment is confirmed, we refund it in full, automatically. Once you have been featured, packing up early doesn't refund the rest of the night. If we take your popup off the map for breaking these terms, we don't refund the night it happened. If something on our side stops you being featured, write to us and we will refund it.
• If a payment is refunded, or disputed with your bank, the feature comes off at once. Nothing in this section limits a right to a refund that the law gives you and that cannot be waived.

What we keep about your account, and how to have it deleted, is on the privacy page.

Use it safely

This is a first-person map that wants your eyes. Do not use Popup while driving, cycling, or crossing a road. Do not follow it anywhere you would not otherwise go. You are responsible for your own safety and for obeying the law where you are, and the map is never a substitute for looking up.

What you may not do

• Break the law with it, or use it to harass, stalk or endanger anyone.
• Attack it: no attempts to break in, overload it, probe for holes beyond ordinary use, or get at data that is not yours. If you find a vulnerability, tell us — see below — and we will thank you for it.
• Scrape it wholesale, resell it, or strip out the map data's attribution.
• Impersonate a business, register a name you have no right to, or pop up somewhere you are not.

Copyright and takedowns

If you believe something on Popup copies your work without permission, write to hello@popup.app with: the work you say is copied; where it is on Popup (the page address, and which picture); how to reach you; a statement that you believe in good faith the use is not authorised by you, your agent or the law; a statement that what you send is accurate and, under penalty of perjury, that you own the right or may act for the person who does; and your physical or electronic signature. We will take the material down and tell the popup, who may send a counter-notice. We close the accounts of people who infringe again and again.

Map data

The map is built on OpenStreetMap data, which is licensed under the Open Database License and is © OpenStreetMap contributors; it is served by OpenFreeMap as OpenMapTiles tiles, with terrain from AWS Open Data. Those licences travel with the data: if you use it, honour them. The attribution is in the app, under the info button.

The app is drawn with MapLibre GL JS and uses other open-source libraries; each stays under its own licence. Everything else — the design, our own code, the name and the wordmark — is ours, and these terms do not give you a licence to it.

No warranty, and the limit of what we owe

Popup is provided "as is" and "as available", without warranties of any kind, express or implied, including fitness for a particular purpose, merchantability, non-infringement, or that anything on it is accurate, current or uninterrupted. To the fullest extent the law allows, we are not liable for indirect, incidental, special, consequential or punitive damages, or for any loss arising out of your use of the site or anything you bought from a popup; where liability cannot be excluded, it is limited to the greater of what you paid us in the twelve months before the claim and one hundred US dollars. Some jurisdictions do not allow these exclusions, in which case they apply to you only as far as the law permits.

Changes and ending

We may change these terms; the date at the top says when we last did, and continuing to use the site after that means accepting the change. If a change matters to popups, we will email them before it takes effect, and a change never applies to a featured night already paid for. We may suspend or stop the site, or anyone's access to it, at any time. You can stop using it at any time. Exploring needs nothing from you but closing the tab; if you have a popup, write to us and we will close your account.

Law

These terms are governed by the laws of the State of California, without regard to its conflict-of-laws rules, and the state and federal courts of California are where any dispute belongs.

If a court finds part of these terms unenforceable, the rest still applies. Not enforcing a term straight away does not mean we have given it up. These terms and the privacy page are the whole agreement between us about Popup.

Contact

hello@popup.app, or security@popup.app for a vulnerability.