Terms of Service, Audio Consent & Dispute Resolution
Effective Date: October 2026 • Governing: popsarbitrage.com, app.popsarbitrage.com, and P.O.P.S. Sourcing Services
1. Express Voice & Microphone Authorization ("Listening Authorized")
P.O.P.S. incorporates acoustic spoken command recognition and natural voice interaction for hands-free salvage yard, warehouse, and workbench operations.
By activating the microphone button, granting audio capture permissions, or speaking prompts to P.O.P.S., you knowingly, affirmatively, and irrevocably authorize Poponi Investments LLC and P.O.P.S. to listen to, record, capture, buffer, transcribe, and analyze your spoken utterances and ambient audio.
This authorization serves as express written consent under federal eavesdropping statutes and all state two-party consent laws, including California Penal Code § 632, Illinois 720 ILCS 5/14-2, Florida Stat. § 934.03, Pennsylvania 18 Pa.C.S. § 5704, and Massachusetts ch. 272 § 99. Audio is converted transiently to text tokens for database lookup and is not used to build biometric voiceprints. You may opt out of audio capture at any time by simply using the keyboard text input box.
2. Mandatory 180-Day (6-Month) Pre-Litigation Third-Party Mediation Covenant
IN THE EVENT ANY DISPUTE, CONTROVERSY, CLAIM, OR LITIGATION BECOMES NECESSARY ARISING OUT OF OR RELATING TO THESE TERMS, THE P.O.P.S. SERVICE, EBAY LISTINGS, STRIPE PAYMENTS, 15% REVENUE-SHARE COMMISSIONS, OR AUTOMOTIVE COMP DATA, THE PARTIES EXPLICITLY AND IRREVOCABLY AGREE THAT:
NO LITIGATION, LAWSUIT, ARBITRATION, OR COURT PROCEEDING OF ANY KIND MAY BE COMMENCED OR FILED UNLESS AND UNTIL THE PARTIES HAVE ENGAGED IN ACTIVE, GOOD-FAITH NEGOTIATIONS AND STRUCTURED MEDIATION ADMINISTERED BY AN INDEPENDENT THIRD-PARTY MEDIATOR FOR A STRICT MANDATORY PERIOD OF NOT LESS THAN SIX (6) FULL MONTHS (180 CONSECUTIVE CALENDAR DAYS).
- Written Notice: The claimant must submit formal written notice to
[email protected]outlining the exact factual and monetary claims. - Direct Negotiation (30 Days): The parties shall dedicate the first 30 days to executive business settlement discussions.
- Neutral Third-Party Mediation (150 Days): If unresolved, the dispute must be submitted to the American Arbitration Association (AAA), JAMS, or another mutually agreed-upon independent mediator. Formal mediation sessions must be maintained throughout the balance of the 180-day cooling-off period.
- Premature Action Penalty: Any legal action filed prior to the conclusion of the 180-day third-party mediation period shall be immediately dismissed with prejudice as premature, and the initiating party shall be assessed all reasonable attorneys' fees and mediation expenses.
3. Automotive Fitment, Physical Inspection & Safety Disclaimer
P.O.P.S. synthesizes marketplace market comps, NHTSA VIN records, and OCR casting numbers to accelerate listing generation. Sellers act as independent commercial merchants and are solely responsible for:
- Physically verifying Year, Make, Model, submodel, and interchange suitability prior to sale.
- Bench-testing mechanical, electrical, and powertrain components for operational integrity.
- Strictly complying with federal and state hazardous materials, airbag/SRS component restrictions, and eBay Motors listing policies.
- Human Gate Verification: Reviewing and approving every draft before File Exchange CSV export.
4. Subscription Plans & 15% Commercial Partner Rev-Share
• Indie Reseller Plan ($49/month): Flat monthly SaaS billing. Subject to the strict $5,000 monthly catalog cap to protect commercial consignment partners.
• Commercial Partner Tier (15% Consignment Split): $0 base fee. High-volume operations pay a 15% performance cut on gross sold volume in exchange for unlimited video intake, studio background segmentation, and VIP sourcing support.
• No Unilateral Chargebacks: Users agree to resolve billing issues directly through mediation and waive rights to file unilateral credit card chargebacks.
5. General Legal Provisions
• Class Action Waiver: All claims must be resolved on an individual basis. Class arbitrations and class actions are prohibited.
• Governing Law: Governed by the laws of the State of Illinois.
• Severability: If any provision is deemed unenforceable, the remaining covenants remain in full legal force and effect.
• Contact: Direct all formal correspondence to Master Operator Chris Poponi at [email protected].