Terms of Use

Last updated: March 10, 2025

Introduction

Welcome to popclaim. These Terms of Use (the “Terms”) govern your access to and use of the website, mobile application, and services (collectively, the “Services”) provided by Thinkbit SAS (“Thinkbit”, “we”, “our”, or “us”).

By accessing or using our Services, you agree to be bound by these Terms. If you do not accept these Terms, you must not access or use our Services.

Please read these Terms carefully, as well as our Privacy Policy and our Cookie Policy, which are incorporated by reference into these Terms.

Definitions

• “Account” means an account created by a User to access the Services.
• “Content” means any text, graphics, images, music, software, audio, video, information, or other material.
• “User Content” means any Content that you submit, post, transmit, or display on or through the Services, including invoices and client information you import.
• “popclaim Content” means any Content that popclaim makes available through the Services, including reminder templates and automated notifications.
• “User” means a person who has created an Account.

Eligibility

To use our Services, you must:

• Be at least 16 years old
• Be capable of forming a legally binding contract
• Not have been previously suspended or removed from our Services
• Have a compatible device and Internet access

If you are using the Services on behalf of a business or other entity, you represent that you have the authority to bind that entity to these Terms.

Account Creation

Registration

To access certain features of our Services, you must create an Account. When registering, you agree to provide accurate, current, and complete information and to keep it updated.

Account Security

You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your Account. You agree to notify us immediately of any unauthorized use of your Account or any other security breach.

Account Closure

You may close your Account and cancel your subscription at any time by following the instructions in your Account settings or by contacting us. We reserve the right to suspend or terminate your Account if you violate these Terms.

Services

Service Description

popclaim provides an automated invoice reminder platform that helps businesses recover unpaid invoices through multi-channel reminders (email, SMS) using a subscription-based system.

Subscription System

We operate on a subscription-based system where users can choose from various plans (Solo, Pro, Agency) to use our services. Each plan includes a specific number of invoices and reminders per month. Details of subscription plans and their pricing are available on our Pricing page.

Payments and Payment Processing

By subscribing to a plan, you agree to pay all applicable fees. Subscriptions are billed monthly or annually and can be canceled at any time.

We use Stripe as our payment processor. By making a purchase, you agree to Stripe’s Consumer Terms of Service (available at https://stripe.com/fr/legal/consumer) and authorize Stripe to process payments on our behalf.

You authorize Thinkbit to charge the payment method you provided for all subscription payments through Stripe’s secure payment system. Your subscription will be activated once payment is successfully processed.

Plan and Price Changes

We reserve the right to change our subscription plans and prices at any time. Any changes will be notified to you in advance. Already active subscriptions will maintain their current pricing until the next billing cycle.

Content and Licenses

User Content

You retain all rights to your User Content. By submitting User Content to popclaim, you grant us a worldwide, non-exclusive, royalty-free, transferable, and sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such User Content solely for the purpose of:

• Providing, maintaining, and improving the Services
• Developing new Services and features
• Understanding how you use the Services
• Personalizing your experience

This license is limited to the operation of the Services and the improvement of our AI technology.

popclaim Content

popclaim Content, including reminder templates and system-generated notifications, is the property of popclaim or its licensors. Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, and revocable license to use popclaim Content solely for your business operations.

Restrictions

You agree not to:

• Use the Services or popclaim Content in a way that violates applicable laws
• Use the Services to send misleading, defamatory, obscene, harassing, hateful, or threatening messages
• Use the Services to harass or spam recipients
• Sell, license, or commercially exploit popclaim Content without our prior written authorization
• Attempt to circumvent technical limitations of the Services
• Use robots, scrapers, or other automated means to access the Services
• Interfere with the operation of the Services or create an unreasonable burden on popclaim’s infrastructure

Content Reporting

If you believe that User Content violates your rights or these Terms, please contact us at [email protected] with detailed information about the content in question.

Intellectual Property

Trademarks and Copyrights

The name “popclaim,” the popclaim logo, and all related product and service names, logos, and icons are trademarks of popclaim. All other product names, company names, and logos mentioned may be trademarks of their respective owners.

All copyrights, trademarks, patents, trade secrets, and other intellectual property rights in the Services and popclaim Content are and will remain the exclusive property of popclaim and its licensors.

Suggestions and Feedback

If you provide us with ideas, suggestions, or feedback regarding our Services (“Feedback”), you grant us the right to use such Feedback without restriction and without compensation to you.

Privacy and Data Protection

Privacy Policy

Our Privacy Policy explains how we collect, use, and share your personal information. By using our Services, you consent to our data practices as described in our Privacy Policy.

GDPR Compliance

We comply with the European Union’s General Data Protection Regulation (GDPR). For more information about your rights under the GDPR and how we process your data, please see our GDPR Policy.

Limitation of Liability

Services Provided “As Is”

The Services are provided “as is” and “as available,” without warranty of any kind, express or implied. popclaim does not warrant that the Services will be uninterrupted, error-free, or free of viruses, or that defects will be corrected.

Disclaimer of Warranties

To the fullest extent permitted by applicable law, popclaim disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

Limitation of Liability

To the fullest extent permitted by applicable law, popclaim will not be liable for indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from your use of the Services, even if popclaim has been advised of the possibility of such damages.

popclaim’s total liability arising out of or relating to these Terms or your use of the Services will not exceed the amount you have paid to popclaim in the twelve (12) months preceding the event giving rise to the liability, or €100 if you have not paid anything.

Indemnification

You agree to defend, indemnify, and hold harmless popclaim, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable legal and accounting fees, arising out of or in any way connected with:

• Your breach of these Terms
• Your User Content
• Your use of the Services
• Your violation of any third-party rights

Changes to the Terms

We reserve the right to modify these Terms at any time. If we make material changes, we will notify you by email or by posting a notice on our website or application before the changes take effect.

Your continued use of the Services after the effective date of the modified Terms constitutes your acceptance of those changes. If you do not agree to the modified Terms, you must stop using the Services.

Termination

By You

You may terminate these Terms at any time by closing your Account and ceasing to use the Services.

By popclaim

We may suspend or terminate your access to the Services, in whole or in part, at any time and for any reason, including, but not limited to, if we reasonably believe that:

• You have violated these Terms
• You create a risk or possible legal exposure for popclaim
• Your use of the Services is abusive or harmful to other Users

Effects of Termination

Upon termination, your right to use the Services will immediately cease. The following sections will survive termination: Intellectual Property, Limitation of Liability, Indemnification, Dispute Resolution, and any other provision that, by its nature, should survive termination.

General Provisions

Entire Agreement

These Terms, along with the Privacy Policy and Cookie Policy, constitute the entire agreement between you and popclaim regarding the Services and supersede all prior or contemporaneous agreements.

Waiver and Severability

popclaim’s failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. If any provision of these Terms is found to be invalid or unenforceable, that provision will be limited or eliminated to the minimum extent necessary, and the other provisions will remain in full force and effect.

Assignment

You may not assign or transfer these Terms without popclaim’s prior written consent. popclaim may assign or transfer these Terms without restriction.

Force Majeure

popclaim will not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.

Dispute Resolution

Governing Law

These Terms are governed by the laws of France, without regard to conflict of law principles.

Dispute Settlement

In the event of any dispute arising out of or relating to these Terms or the Services, you agree to first attempt to resolve the dispute informally by contacting us at [email protected].

If we are unable to resolve the dispute informally, any dispute, controversy, or claim arising out of or relating to these Terms or the Services shall be subject to the exclusive jurisdiction of the courts of Paris, France.

Class Actions

To the fullest extent permitted by applicable law, you waive any right to participate in a class action lawsuit against popclaim.

Contact Us

If you have any questions about these Terms, please contact us at:

Email: [email protected] Postal address: Thinkbit SAS Legal Department 60 rue François 1er 75008 Paris France