pops.gourmand.dev
Last Updated: January 10, 2026
These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and Pops Technologies, LLC ("Company," "we," "us," or "our"), governing your access to and use of the Pops browser extension, website at pops.gourmand.dev, and all related services (collectively, the "Service").
BY INSTALLING, ACCESSING, OR USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT INSTALL OR USE THE SERVICE.
⚠️ IMPORTANT NOTICE — PLEASE READ CAREFULLY:
These Terms contain important provisions including:
- Warranty disclaimers (Section 10)
- Limitation of liability with a $100 cap (Section 11)
- Binding arbitration and class action waiver (Section 13)
- Indemnification obligations (Section 12)
- Third-party website risk acknowledgments (Section 4)
By using the Service, you agree to these provisions. If you do not agree, do not use the Service.
You represent that you are at least 18 years of age and have the legal capacity to enter into these Terms. If you are using the Service on behalf of an organization, you represent that you have authority to bind that organization to these Terms.
The Service is a browser extension and decision-support tool designed to reduce decision fatigue when booking hotels. The Service stores and organizes hotel information that you view on third-party meta search engines and travel websites, and uses artificial intelligence and Real User Monitoring ("RUM") technology to learn your preferences and surface personalized hotel recommendations based on calculated "value" metrics.
The Service processes hotel data that you have actively viewed during your browsing sessions. All recommendations are derived exclusively from real data you have encountered—the Service does not generate, fabricate, or "hallucinate" hotel information. The AI system analyzes your viewing patterns, price sensitivity, and amenity preferences to provide personalized recommendations.
You acknowledge and agree that:
💰 IMPORTANT DISCLOSURE: The Company participates in affiliate marketing programs with hotel booking platforms and travel partners. When you click on recommendations or book hotels through links provided by the Service, the Company may receive compensation from affiliate partners. This compensation may influence which hotels are displayed or the order in which they appear. This does not affect the price you pay for any booking.
To access certain features, you may need to create an account. You agree to provide accurate, current, and complete information and to update this information as necessary.
You are responsible for maintaining the confidentiality of your account credentials and for all activities under your account. You agree to notify us immediately of any unauthorized access or security breach.
We reserve the right to terminate accounts that have been inactive for more than twelve (12) consecutive months, with thirty (30) days prior notice to your registered email address.
THE COMPANY IS NOT AN AGENT, REPRESENTATIVE, BROKER, DISTRIBUTOR, RESELLER, OR PARTNER OF ANY THIRD-PARTY WEBSITE, HOTEL, ONLINE TRAVEL AGENCY, OR META SEARCH ENGINE. We have no authority to act on behalf of, bind, or make commitments for any third party. Any transactions you conduct with third parties are solely between you and such third parties.
YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THIS SERVICE TO ACCESS, VIEW, OR INTERACT WITH THIRD-PARTY WEBSITES (INCLUDING BUT NOT LIMITED TO GOOGLE HOTELS, KAYAK, TRIVAGO, BOOKING.COM, EXPEDIA, HOTELS.COM, AGODA, PRICELINE, AND OTHER META SEARCH ENGINES AND ONLINE TRAVEL AGENCIES) IS GOVERNED BY THE TERMS OF SERVICE, ACCEPTABLE USE POLICIES, AND PRIVACY POLICIES OF THOSE THIRD-PARTY WEBSITES.
You are solely responsible for:
The Company does not control, endorse, verify, warrant, or accept responsibility for the accuracy, timeliness, completeness, legality, or availability of any content, pricing, availability information, or other data displayed on third-party websites. Hotel prices, availability, descriptions, ratings, and other information may change at any time without notice. The Service stores and displays information as it appeared at the time you viewed it, which may no longer be current or accurate.
You acknowledge that third-party websites may prohibit automated access, scraping, or data collection. Your direction of the Service to access third-party websites is at your sole risk. The Company makes no representations regarding the permissibility of such access under third-party terms of service, and you assume all risks associated with potential violations of third-party policies.
Reference to any third-party website, product, service, or provider does not constitute an endorsement or recommendation by the Company. We do not investigate, monitor, or verify the accuracy or completeness of any third-party content.
You agree not to:
You expressly agree NOT to use the Service or any AI-generated recommendations for decisions in the following high-stakes domains:
The Service is designed exclusively for personal hotel research and booking assistance. Any use outside this scope is expressly prohibited.
The Service, including all content, features, functionality, software, and the underlying AI algorithms and machine learning models, is owned by the Company and is protected by copyright, trademark, trade secret, and other intellectual property laws.
You are granted a limited, non-exclusive, non-transferable, revocable license to use the Service for personal, non-commercial purposes in accordance with these Terms. This license does not include the right to:
If you provide feedback, suggestions, or ideas about the Service ("Feedback"), you grant the Company a perpetual, irrevocable, worldwide, royalty-free license to use, modify, and incorporate such Feedback without any obligation to you.
Your use of the Service is also governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Service, you consent to the collection, use, and processing of your information as described in the Privacy Policy, including:
⚠️ IMPORTANT: The Service uses browser fingerprinting technology to create a unique identifier based on your browser settings, device configuration, installed plugins, screen resolution, timezone, language settings, and other technical characteristics.
This identifier is used to:
Unlike cookies, browser fingerprint data cannot be cleared through your browser settings. You may withdraw consent for fingerprinting through your account settings, though this may affect certain Service features. Browser fingerprinting for security and fraud prevention purposes cannot be disabled.
Recommendations provided by the Service are generated through automated analysis of hotels you have viewed. You understand and agree that:
AI recommendations do not constitute professional advice of any kind, including but not limited to financial, legal, tax, or travel advice. You should consult appropriate professionals before making significant decisions.
YOU ASSUME ALL RISKS ASSOCIATED WITH YOUR USE OF AI-GENERATED RECOMMENDATIONS, INCLUDING BUT NOT LIMITED TO:
LAWS AND REGULATIONS GOVERNING THE USE OF ARTIFICIAL INTELLIGENCE ARE RAPIDLY EVOLVING AND VARY BY JURISDICTION. THE COMPANY DOES NOT GUARANTEE THAT YOUR USE OF THE SERVICE OR RELIANCE ON AI-GENERATED RECOMMENDATIONS WILL COMPLY WITH APPLICABLE LAWS IN ANY JURISDICTION. YOU ARE SOLELY RESPONSIBLE FOR ENSURING YOUR USE OF THE SERVICE COMPLIES WITH ALL APPLICABLE LAWS AND REGULATIONS.
We do not permit our AI service providers or subprocessors to use your data to train their own AI models. Data used for improving our Service is handled in accordance with our Privacy Policy.
THE SERVICE IS PROVIDED ON AN "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:
THE COMPANY MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE THAT THE SERVICE IS FREE OF INFECTION FROM VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, SURREPTITIOUSLY INTERCEPT, OR EXPROPRIATE ANY SYSTEM, DATA, OR PERSONAL INFORMATION.
Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you. In such jurisdictions, our liability is limited to the maximum extent permitted by law.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH:
IN NO EVENT SHALL THE COMPANY'S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICE EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID TO THE COMPANY FOR USE OF THE SERVICE IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM; OR (B) ONE HUNDRED UNITED STATES DOLLARS ($100.00 USD).
THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION 11 ARE ESSENTIAL ELEMENTS OF THESE TERMS AND FORM THE BASIS OF THE BARGAIN BETWEEN YOU AND THE COMPANY. THE COMPANY WOULD NOT OFFER THE SERVICE TO YOU WITHOUT THESE LIMITATIONS. THESE LIMITATIONS APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
The limitations in this section apply regardless of the theory of liability, whether based on warranty, contract, statute, tort (including negligence), strict liability, or any other legal theory, and whether or not the Company has been advised of the possibility of such damages.
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations may not apply to you. In such jurisdictions, our liability is limited to the maximum extent permitted by applicable law.
You agree to indemnify, defend, and hold harmless the Company, its affiliates, and their respective directors, officers, employees, agents, partners, and licensors from and against any and all claims, demands, damages, losses, costs, liabilities, and expenses (including reasonable attorneys' fees and court costs) arising out of or relating to:
⚖️ PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
You and the Company agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service ("Dispute") will be resolved exclusively through binding individual arbitration, rather than in court, except that:
Before initiating arbitration, you agree to first contact us at legal@gourmand.dev and attempt to resolve the Dispute informally for at least sixty (60) days. If we are unable to resolve the Dispute within sixty (60) days, either party may initiate arbitration.
The arbitration will be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules, as modified by these Terms. The AAA Rules are available at www.adr.org. The arbitrator will have exclusive authority to resolve all Disputes, including whether the Dispute is subject to arbitration. The arbitration will be conducted in the English language and will take place in the county where you reside or, at your election, remotely via videoconference or telephone.
If you initiate arbitration, your arbitration fees will be limited to the filing fee set forth in the AAA Consumer Arbitration Rules. The Company will pay any additional AAA administrative fees and arbitrator fees. If the arbitrator finds that either the substance of your claim or the relief sought is frivolous or brought for an improper purpose, then payment of all fees will be governed by the AAA Rules.
YOU AND THE COMPANY AGREE THAT EACH PARTY MAY BRING DISPUTES AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL ACTION. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS AND MAY NOT PRESIDE OVER ANY FORM OF CLASS, COLLECTIVE, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL PROCEEDING.
If twenty-five (25) or more similar claims are asserted against the Company by the same or coordinated counsel, these claims shall be subject to staged resolution. Claims will be randomly selected and resolved in batches of no more than ten (10) at a time. The results of the initial batch(es) may inform settlement discussions for remaining claims.
You have the right to opt out of binding arbitration within thirty (30) days of first accepting these Terms by sending written notice of your decision to opt out via email to legal@gourmand.dev with "Arbitration Opt-Out" in the subject line.
Your notice must include your name, email address, and a clear statement that you wish to opt out of the arbitration agreement. If you opt out, you and the Company will retain the right to litigate Disputes in court.
This arbitration agreement will survive termination of your account or these Terms.
These Terms and any Dispute will be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without regard to its conflict of law provisions. If arbitration is not enforceable or is opted out of, you consent to the exclusive jurisdiction of the state and federal courts located in Suffolk County, Massachusetts.
You may terminate your use of the Service at any time by uninstalling the browser extension, deleting your account, and discontinuing use.
The Company may terminate or suspend your access to the Service immediately, without prior notice or liability, for any reason, including if you breach these Terms.
Upon termination:
The following sections shall survive any termination of these Terms: Section 4 (Third-Party Websites), Section 6 (Intellectual Property), Section 9 (AI Disclaimers), Section 10 (Disclaimer of Warranties), Section 11 (Limitation of Liability), Section 12 (Indemnification), Section 13 (Dispute Resolution), Section 14.4 (Survival), Section 15 (Modifications), and Section 16 (General Provisions).
The Company reserves the right to modify these Terms at any time. We will provide notice of material changes by posting the updated Terms on pops.gourmand.dev and updating the "Last Updated" date. For registered users, we may also provide notice via email at least thirty (30) days before material changes take effect.
Your continued use of the Service after the effective date of any modifications constitutes your acceptance of the modified Terms. If you do not agree to the modified Terms, you must discontinue use of the Service before the effective date.
These Terms, together with the Privacy Policy and any other legal notices or agreements published by the Company on the Service, constitute the entire agreement between you and the Company concerning the Service and supersede all prior or contemporaneous agreements, representations, warranties, and understandings.
If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving the parties' original intent, or if modification is not possible, shall be severed from these Terms.
The failure of the Company to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver must be in writing and signed by an authorized representative of the Company.
You may not assign or transfer these Terms or your rights hereunder without the Company's prior written consent. The Company may assign these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties and their respective successors and assigns.
The Company shall not be liable for any failure or delay in performing its obligations where such failure or delay results from circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.
Notices to you may be made via email to your registered email address or by posting on the Service. Notices to the Company must be sent to legal@gourmand.dev.
These Terms do not create any third-party beneficiary rights in any individual or entity that is not a party to these Terms.
You agree to comply with all applicable export and re-export control laws and regulations in your use of the Service.
The Service is a "commercial item" as defined in 48 C.F.R. §2.101. If you are a U.S. Government end user, the Service is licensed to you only as a commercial item subject to the terms of these Terms.
For questions about these Terms of Service, please contact us at:
Pops Technologies, LLC
Email: legal@gourmand.dev
Website: pops.gourmand.dev
For arbitration opt-out: legal@gourmand.dev (Subject: Arbitration Opt-Out)
BY INSTALLING OR USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEM. YOU ALSO ACKNOWLEDGE THAT THESE TERMS CONSTITUTE A BINDING LEGAL AGREEMENT BETWEEN YOU AND THE COMPANY.