POPNEST MEDIA

Terms of Service

Terms of Service

1. Introduction

Welcome to PopNest Media. These Terms of Service (“Terms”) govern your access to and use of PopNest Media’s website, services, and applications (collectively, the “Services”). By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Services.

PopNest Media (“we,” “our,” or “us”) provides digital marketing services including web design, search engine optimization (SEO), pay-per-click advertising (PPC), and social media marketing.

2. Eligibility

You must be at least 18 years of age to use our Services. By agreeing to these Terms, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into a binding agreement.

3. Service Description

3.1 Digital Marketing Services

PopNest Media provides various digital marketing services, which may include but are not limited to:

  • Search Engine Optimization (SEO)
  • Pay-Per-Click (PPC) Advertising
  • Web Design and Development
  • Social Media Marketing
  • Content Creation and Marketing

3.2 Service Delivery

The specific services to be provided will be outlined in a separate service agreement or order form. We reserve the right to modify, suspend, or discontinue any part of our Services at any time with prior notice to active clients.

3.3 Third-Party Services

Our Services may include integration with third-party services. Your use of such third-party services may be subject to additional terms and conditions provided by those third parties. PopNest Media is not responsible for any third-party services.

4. Client Responsibilities

4.1 Account Information

You are responsible for maintaining the confidentiality of your account information and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.

4.2 Accurate Information

You agree to provide accurate, current, and complete information as required for the delivery of our Services and to update such information as necessary.

4.3 Content Ownership and Usage Rights

You retain ownership of all content, materials, and intellectual property you provide to us (“Client Content”). By providing Client Content, you grant us a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, and display the Client Content solely for the purpose of providing the Services to you.

4.4 Compliance with Laws

You agree to comply with all applicable local, state, national, and international laws and regulations in connection with your use of the Services and your provision of Client Content.

5. Payment Terms

5.1 Fees and Billing

Payment terms, including fees, billing cycles, and payment methods, will be specified in your service agreement. All fees are non-refundable unless otherwise specified in the service agreement or required by law.

5.2 Taxes

All fees are exclusive of taxes. You are responsible for paying all applicable taxes, including sales, use, and value-added taxes.

5.3 Late Payments

We reserve the right to suspend or terminate Services if payment is not received by the due date. Late payments may be subject to late fees as specified in your service agreement.

6. Term and Termination

6.1 Term

The term of your agreement with PopNest Media will be as specified in your service agreement.

6.2 Termination by Client

You may terminate the Services according to the conditions outlined in your service agreement. Notice of termination must be provided in writing within the timeframe specified in the agreement.

6.3 Termination by PopNest Media

We reserve the right to terminate or suspend your access to the Services, at our sole discretion, for any reason, including but not limited to:

  • Violation of these Terms
  • Non-payment of fees
  • Provision of false or misleading information
  • Engaging in fraudulent or illegal activities

6.4 Effect of Termination

Upon termination:

  • All rights and licenses granted to you will terminate immediately
  • Any outstanding fees will become immediately due and payable
  • We will retain your data for a reasonable period as specified in our Privacy Policy

7. Intellectual Property

7.1 PopNest Media’s Intellectual Property

Our Services, including all content, features, and functionality, are owned by PopNest Media and are protected by copyright, trademark, and other intellectual property laws. Nothing in these Terms grants you a right to use our intellectual property without our prior written consent.

7.2 Limited License

We grant you a limited, non-exclusive, non-transferable, and revocable license to access and use our Services for their intended purposes, subject to these Terms.

7.3 Deliverables

Unless otherwise specified in your service agreement, upon full payment, you will own all rights to the deliverables specifically created for you, except for:

  • Third-party materials incorporated into the deliverables
  • Our proprietary tools, methodologies, and know-how used to create the deliverables
  • General knowledge, skills, and experience that we may develop or use in the course of providing the Services

8. Confidentiality

8.1 Confidential Information

“Confidential Information” means any non-public information that is designated as confidential or that a reasonable person should understand is confidential, including but not limited to business strategies, financial information, customer lists, and marketing plans.

8.2 Protection of Confidential Information

Each party agrees to:

  • Use the other party’s Confidential Information solely for the purpose of performing under these Terms
  • Protect the confidentiality of such Confidential Information with at least the same degree of care it uses to protect its own Confidential Information
  • Not disclose such Confidential Information to any third party without prior written consent

8.3 Exceptions

Confidentiality obligations do not apply to information that:

  • Is or becomes publicly available through no fault of the receiving party
  • Was known to the receiving party prior to disclosure
  • Is independently developed by the receiving party without use of the Confidential Information
  • Is rightfully obtained from a third party without restriction

9. Warranties and Disclaimers

9.1 Client Warranties

You represent and warrant that:

  • You have the legal right and authority to enter into these Terms
  • Your Client Content does not infringe or misappropriate any third-party rights
  • Your use of our Services will comply with all applicable laws and regulations

9.2 PopNest Media Warranties

We represent and warrant that:

  • We will provide the Services in a professional manner, consistent with general industry standards
  • We will comply with all applicable laws and regulations in providing the Services

9.3 Disclaimer of Warranties

EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.

10. Limitation of Liability

10.1 Exclusion of Damages

IN NO EVENT WILL POPNEST MEDIA BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF DATA, OR LOSS OF BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES, EVEN IF POPNEST MEDIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

10.2 Cap on Liability

POPNEST MEDIA’S TOTAL LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES, WHETHER IN CONTRACT, TORT, OR OTHERWISE, WILL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO POPNEST MEDIA DURING THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY.

10.3 Exceptions

The limitations of liability in this section do not apply to liability arising from:

  • Death or personal injury caused by negligence
  • Fraud or fraudulent misrepresentation
  • Any other liability that cannot be excluded or limited by applicable law

11. Indemnification

You agree to indemnify, defend, and hold harmless PopNest Media and its officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising from or relating to:

  • Your use of the Services
  • Your Client Content
  • Your violation of these Terms
  • Your violation of any rights of another person or entity

12. Dispute Resolution

12.1 Governing Law

These Terms will be governed by and construed in accordance with the laws of the United States, without giving effect to any principles of conflicts of law.

12.2 Informal Resolution

Before filing a claim against PopNest Media, you agree to try to resolve the dispute informally by contacting us. We’ll try to resolve the dispute informally by contacting you through email.

12.3 Arbitration

If a dispute cannot be resolved informally, you and PopNest Media agree to resolve any dispute arising from these Terms through final and binding arbitration, except as set forth under Exceptions to Arbitration below.

12.4 Exceptions to Arbitration

The arbitration agreement does not apply to any claim:

  • That can be brought in small claims court
  • For intellectual property infringement
  • That, by law, cannot be subject to arbitration

12.5 No Class Actions

You may only resolve disputes with us on an individual basis and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action.

13. Changes to Terms

We reserve the right to modify these Terms at any time. If we make changes, we will provide notice of such changes, such as by sending an email notification, providing notice through our website, or updating the “Last Updated” date at the beginning of these Terms. Your continued use of the Services following the posting of revised Terms means that you accept and agree to the changes.

14. General Provisions

14.1 Entire Agreement

These Terms, together with any service agreements or order forms, constitute the entire agreement between you and PopNest Media regarding the Services, superseding any prior agreements between you and PopNest Media relating to the Services.

14.2 Severability

If any provision of these Terms is held to be invalid or unenforceable, such provision will be struck and the remaining provisions will be enforced to the fullest extent under law.

14.3 Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision.

14.4 Assignment

You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms in whole or in part at any time without notice.

14.5 Relationship of the Parties

Nothing in these Terms creates any agency, partnership, or joint venture between you and PopNest Media.

14.6 Force Majeure

We will not be liable for any failure or delay in performance of our obligations under these Terms arising out of or caused by forces beyond our reasonable control, including but not limited to acts of God, wars, riots, fires, floods, epidemics, or governmental actions.

15. Contact Information

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

PopNest Media
Email: contact@popnestmedia.io
Website: www.popnestmedia.io


By using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.

1. Introduction

Welcome to PopNest Media (“we,” “our,” or “us”). We are committed to protecting your privacy and ensuring the security of your personal information. This Privacy Policy explains how we collect, use, disclose, and safeguard your information when you use our digital marketing services, visit our website, or interact with us in any way.

By accessing our services or providing us with your information, you consent to the practices described in this Privacy Policy. If you do not agree with the terms of this Privacy Policy, please do not access or use our services.

2. Information We Collect

2.1 Personal Information

We may collect the following types of personal information:

  • Contact Information: Name, email address, phone number, business address, and other contact details.
  • Business Information: Business name, industry, size, and other relevant business details.
  • Payment Information: Credit card details, billing address, and other financial information necessary for processing payments through our payment processor, Stripe.
  • Account Information: Username, password, and other authentication credentials.
  • Service Usage Information: Information about how you use our digital marketing services, website analytics, and other service-related data.

2.2 Technical Information

When you visit our website or use our services, we may automatically collect:

  • Device Information: IP address, browser type and version, operating system, device type, and other technical identifiers.
  • Usage Data: Pages visited, time spent on pages, referring URLs, clickstream data, and other browsing behavior.
  • Cookies and Similar Technologies: Information collected through cookies, web beacons, and similar tracking technologies (see our Cookie Policy section for more details).

2.3 Client Campaign Data

As a digital marketing agency, we may collect and process data on behalf of our clients, including:

  • Website analytics and performance metrics
  • Search engine optimization (SEO) data
  • Pay-per-click (PPC) campaign data
  • Social media engagement metrics
  • Customer interaction data

3. How We Collect Information

We collect information through:

  • Direct interactions when you fill out forms on our website, subscribe to our services, or communicate with us.
  • Automated technologies like cookies and web beacons when you browse our website.
  • Third-party sources like business partners, analytics providers, and advertising networks.
  • Client-provided information necessary to perform our digital marketing services.

4. How We Use Your Information

We use your information for the following purposes:

4.1 Provide and Manage Services

  • To deliver our digital marketing services
  • To process payments and manage your account
  • To communicate with you about your services
  • To provide customer support and address inquiries

4.2 Improve and Develop Services

  • To analyze usage patterns and improve our website and services
  • To develop new features, products, or services
  • To conduct research and analysis to enhance user experience

4.3 Marketing and Communication

  • To send you marketing communications about our services (subject to your preferences)
  • To provide you with relevant content and offers
  • To manage our relationship with you through ongoing communication

4.4 Legal and Security Purposes

  • To comply with legal obligations
  • To enforce our terms of service
  • To detect and prevent fraudulent activity
  • To protect our rights, privacy, safety, or property

5. How We Share Your Information

We may share your information with:

5.1 Service Providers

We share information with third-party service providers who perform functions on our behalf, including:

  • Payment processors (like Stripe)
  • Cloud service providers
  • Analytics providers
  • Marketing and email service providers
  • Customer relationship management systems

5.2 Business Partners

We may share information with business partners for purposes of providing and improving our services or for joint marketing efforts.

5.3 Legal Requirements

We may disclose information if required to do so by law or in response to valid requests by public authorities (e.g., a court or government agency).

5.4 Business Transfers

If we are involved in a merger, acquisition, or sale of all or a portion of our assets, your information may be transferred as part of that transaction.

5.5 With Consent

We may share your information in any other circumstances where we have your consent.

6. International Data Transfers

As a US-registered business operating from Canada, we may transfer, process, and store your information in countries other than your own. We ensure that any international data transfers comply with applicable laws and regulations. When we transfer personal information from Canada to the United States or other countries, we implement appropriate safeguards to protect your information, including contractual obligations.

7. Data Security

We implement appropriate technical and organizational measures to protect your personal information from unauthorized access, disclosure, alteration, or destruction. Despite our efforts, no method of transmission over the Internet or electronic storage is 100% secure, and we cannot guarantee absolute security.

8. Data Retention

We retain your personal information for as long as necessary to fulfill the purposes outlined in this Privacy Policy, unless a longer retention period is required or permitted by law. When determining the appropriate retention period, we consider the amount, nature, and sensitivity of the data, the potential risk of harm from unauthorized use or disclosure, and applicable legal requirements.

9. Your Privacy Rights

Depending on your location, you may have certain rights regarding your personal information:

9.1 For Canadian Residents

Under Canadian privacy laws, you have the right to:

  • Access your personal information
  • Correct inaccurate information
  • Withdraw consent for certain processing activities
  • File a complaint with the Office of the Privacy Commissioner of Canada

9.2 For U.S. Residents

Depending on the state you reside in, you may have additional rights under state laws (such as CCPA for California residents), which may include:

  • The right to know what personal information we collect
  • The right to request deletion of your personal information
  • The right to opt-out of the sale of your personal information
  • The right to non-discrimination for exercising your privacy rights

9.3 How to Exercise Your Rights

To exercise any of these rights, please contact us using the information provided in the “Contact Us” section. We may need to verify your identity before processing your request.

10. Cookie Policy

10.1 What Are Cookies

Cookies are small text files that are placed on your device when you visit our website. They help us provide you with a better experience and allow certain features to function properly.

10.2 Types of Cookies We Use

  • Essential Cookies: Necessary for the website to function properly.
  • Analytical/Performance Cookies: Help us understand how visitors interact with our website.
  • Functionality Cookies: Enable enhanced functionality and personalization.
  • Targeting/Advertising Cookies: Used to deliver relevant advertisements and track campaign performance.

10.3 Cookie Management

Most web browsers allow you to control cookies through their settings. You can typically delete or reject cookies, but this may affect certain features of our website. For more information about cookies and how to manage them, visit www.allaboutcookies.org.

11. Children’s Privacy

Our services are not directed to individuals under the age of 18. We do not knowingly collect personal information from children. If you believe that we have inadvertently collected information from a child, please contact us immediately.

12. Changes to This Privacy Policy

We may update this Privacy Policy from time to time to reflect changes in our practices or for other operational, legal, or regulatory reasons. We will notify you of any material changes by posting the updated Privacy Policy on our website and updating the “Last Updated” date. We encourage you to review this Privacy Policy periodically.

13. Contact Us

If you have any questions, concerns, or requests regarding this Privacy Policy or our privacy practices, please contact us at:

PopNest Media
Email: contact@popnestmedia.io
Website: www.popnestmedia.io

14. Governing Law

This Privacy Policy shall be governed by and construed in accordance with the laws of the United States, without regard to its conflict of law provisions.


By using our services, you acknowledge that you have read and understood this Privacy Policy.