Terms of Service
Welcome to PopupMia ("we," "us," or "our"). By accessing or using our website, platform, or services (collectively, the "Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree, please do not use the Service.
1. Eligibility
You must be at least 18 years old to use the Service. By using PopupMia, you represent that you have the legal capacity to enter into a binding agreement.
2. Account Registration
To access certain features, you must create an account. You agree to provide accurate, current, and complete information and to keep it updated. You are responsible for safeguarding your password and for all activities under your account. Notify us immediately of any unauthorized use.
3. Role of PopupMia
PopupMia is a marketplace platform that connects event organizers ("Organizers") with vendors ("Vendors"). We are not a party to any agreement between Organizers and Vendors. We do not control, endorse, or guarantee the quality, safety, or legality of any event, product, or service listed. Organizers are solely responsible for their events, and Vendors are solely responsible for their products and compliance with laws.
4. Organizer Terms
- You are responsible for obtaining all necessary permits, licenses, and insurance for your event.
- You must accurately describe your event, booth fees, requirements, and cancellation policy.
- You agree to pay any applicable platform fees (free for Basic, $19/mo for Pro) as described on our Pricing page.
- You must honor approved vendor applications and communicate clearly with vendors.
- If you cancel an event less than 14 days before the start date, you must refund all booth fees paid by vendors.
5. Vendor Terms
- You are responsible for having all required licenses, permits, and insurance to sell your products.
- You agree to provide accurate information in your profile and applications.
- Booth fees are paid through our platform via Square. You authorize us to charge your payment method.
- You are responsible for collecting and remitting any sales taxes on products you sell.
- If you cancel your participation less than 14 days before an event, the booth fee is non-refundable unless the organizer agrees otherwise.
6. Payments & Fees
All booth fees are in US dollars. We charge a platform fee of 5% of the booth fee (capped at $25) plus Square processing fees (2.9% + $0.30). Organizers receive payouts 3 business days after the event ends, minus any refunds or chargebacks. Organizers are responsible for paying out vendors for on-site sales – PopupMia does not handle those payments.
7. Prohibited Conduct
You may not use the Service to:
- Violate any law or regulation, including selling counterfeit or illegal goods.
- Harass, abuse, or discriminate against others.
- Post false, misleading, or fraudulent information.
- Interfere with the operation of the platform or access data without authorization.
8. Intellectual Property
All content on PopupMia, including logos, text, graphics, and software, is our property or that of our licensors and is protected by copyright and trademark laws. You may not copy, modify, or distribute our content without permission.
9. Termination
We may suspend or terminate your account at our sole discretion if you violate these Terms or engage in conduct that harms the platform or its users. You may close your account at any time. Upon termination, you remain liable for any outstanding fees.
10. Disclaimers & Limitation of Liability
THE SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, POPUPMIA AND ITS AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF YOUR USE OF THE SERVICE. OUR TOTAL LIABILITY SHALL NOT EXCEED THE FEES YOU PAID TO US IN THE PAST 12 MONTHS.
11. Indemnification
You agree to indemnify and hold PopupMia harmless from any claims, damages, or expenses arising from your use of the Service, violation of these Terms, or violation of any law.
12. Governing Law & Dispute Resolution
These Terms shall be governed by the laws of the State of New York, without regard to conflict of law principles. Any dispute arising from these Terms shall be resolved exclusively in the state or federal courts located in New York County, New York.
13. Changes to These Terms
We may update these Terms from time to time. We will notify you of material changes by email or through a notice on our website. Continued use of the Service after changes constitutes acceptance of the new Terms.
14. Contact Us
If you have questions about these Terms, please contact us at:
PopupMia LLC
Email: support@popupmia.com