Terms & conditions
Cupi for Clients
Last updated 20/07/2021
Please read these Terms of Service (“Terms”) carefully prior to using the Cupi platform available on our website and enjoying Cupi services as a client (the “Service”).
These Terms contain important information about your legal rights and obligations. If you do not agree with these Terms, please, do not continue to use the Service.
The Service is operated by Cupi Content Services, INC., who we may refer to as “Cupi”, “we”, “us” or “our”.
Our processing of personal data in connection with your access to and use of the Service is described in our Privacy Notice.
Table of contents
In brief: This is an agreement between Cupi and users of the Service. By using the Service you agree to comply with these Terms and applicable laws and regulations. You have to be at least 18 years of age.
These Terms and any operating rules and policies posted on our website, including Privacy Notice, constitute the entire legally binding agreement and understanding between Cupi and our users (“you“, “client” or “user”), governing your access to and use of the Service.
By using the Service you hereby declare and warrant that:
● you have read, understand, have the legal capacity to and hereby agree to be legally bound by and to comply with these Terms in full;
● you are 18 years of age or older (otherwise, you can use the Service exclusively with involvement of a parent or guardian);
● according to your local jurisdiction, you are eligible to enter into this agreement and have no restriction to use the Service;
● you comply with these Terms and all applicable laws and regulations.
In case you use the Service as a business representative, you further certify that you are eligible to bind the represented legal entity and grant us all permissions and licenses under these Terms, disclose information about that legal entity.
Please, contact us at [email protected] to have the Customer Agreement incorporating these Terms concluded in writing, if necessary.
A printed version of these Terms shall be admissible in judicial or administrative proceedings based on or related to use of the Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
In brief: To use the Service, you need to sign up with an account. You can have only one account and no one else shall have access to it. You can use your account to create and track the orders, conduct payments etc. In case of any troubles with the account, please contact us.
To use the Service you need to sign up with a personalized account for clients (“Account”) by providing your email address and creating a secure password. You must provide accurate, current and complete information during the registration process and keep your profile information up-to-date at all times.
The Account is intended for you to create and track your orders, set the preferences for content, conduct payments and communicate with our manager regarding the progress and completion of the ordered services.
You can have only one account and you may not transfer or assign it to someone else. It is your responsibility to ensure that your use of the Service and Account does not contravene applicable laws, rules, or regulations.
If you know or have any reason to suspect that someone has gained access to your Account without your authorization, or your credentials have been lost, stolen, misappropriated, or otherwise compromised, please immediately notify Cupi to the following email: [email protected]
To irreversibly delete your Account please address our support with the respective request at [email protected]
Cupi Service for clients
In brief: The Cupi Service is intended for clients to purchase the services for creation of content by verified copywriters. To place an order you shall submit the information requested in the Account. Cupi examines your request, and selects the best fitting copywriter to assign your task. Please note that you cannot cancel your order from the moment of its assignment to the copywriter. Cupi enables you to order additional services, listed on our website or agreed with us.
The Cupi Service is intended for clients to purchase the services for creation of quality content, including writing of articles, newsletters, blog and SMM posts, press releases, website content and such other services offered through the Service.
The content creation services are provided by registered and verified copywriters, while moderated by Cupi during the whole process of the content creation.
Cupi examines carefully your request and selects the copywriter best qualified in your industry to assign the task. Your setting of preferences relating to the industry you operate in, the tone, audience and voice, your online presence will greatly help Cupi in selecting the copywriter and improving the quality of content.
To place an order the client shall submit the information requested in the Account, including the type of content needed, a number of words, the source for publishing the content, etc. Please note that the more details you provide the better result you will receive.
Your order will be delivered within 72 hours from the moment the order is approved and your payment is verified. Before delivering the order Cupi team conducts a thorough examination of the content for compliance with the goals and criteria set up by you, as well as for the originality, uniqueness, grammar, tone of voice and non-infringement of intellectual property rights.
Please note that you cannot cancel your order from the moment of its assignment to the copywriter. Your first cancellation will be refunded to the original payment method, while the next cancellations will be credited to your Account balance to use for payment for the next orders.
You have 72 hours to review the content and provide your feedback. In case you are not satisfied with a result we will ensure its amendment and correction in accordance with your request in maximum 2 iterations.
Cupi enables Clients to order additional services, including content strategy creation, SEO, video content and such other services listed on our website or agreed with Cupi.
In brief:You can find the Cupi Services fees on our Pricing page. Any additional services shall be payable in accordance with our instructions. The service fees are charged in the United States dollars, so if your local currency is different, your bank will apply its own exchange rates. All the fees are exclusive of all taxes and you shall be responsible for payment of all such taxes. We facilitate your payments through the third-party payment services provider, namely Stripe, and they are subject to the legal documents of Stripe. Any service fees paid to Cupi are not subject to return or refund.
The Cupi Services are subject to the then-applicable service fee indicated on our Pricing page.
You can choose our pay-per-project offer, where the service fee is calculated on the basis of a number of words indicated by you at the time of placing an order. The total amount indicated on the checkout screen shall be payable in advance.
Any additional services are subject to a separate offer to the client and shall be payable in accordance with Cupi’s instructions provided to the client’s email.
The service fees are charged in the United States dollars. Please note, if your local currency is different from the currency in which the prices are quoted, your bank will apply the exchange rate applicable per the date of purchase, which is beyond our control.
All the fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes on Cupi income.
Any service fees paid to Cupi are not subject to return or refund, unless otherwise agreed in writing.
Cupi reserves the right to revise the service fees at any time, subject to providing users with adequate notice of any fee changes before they become effective.
The amount of charged fees may also vary pursuant to separate written agreements between Cupi and clients prevailing these Terms.
In brief: All the rights to the content created with your order through the Service are assigned to you.
The Cupi Services may be also rendered in connection with your content, so you grant Cupi a corresponding license for the purposes of rendering the services and give warranties listed below. We may refuse to accept your order if your content violates our rules.
All materials of the Service, as well as intellectual property rights to it belong to Cupi or are included in the Service with the consent of the owner. We grant you a limited license to use the Service and its Content on your device in the manner provided for in these Terms. Any attempt to violate any of the restrictions listed below will lead to the termination of your use of the Service, and you may be subject to legal actions and damages.
Client’s rights to the content
All rights, including exclusive intellectual property rights, title and interest to the content created in accordance with the client’s order through the Service are assigned to the client for the whole duration of copyright protection without territorial limitation from the moment of the client’s acceptance of the ordered content (including text, pictures, graphics, sounds and other materials). The authors’ remuneration for the exclusive rights is included in the service fees payable by the clients for the created content.
The Cupi Services may be rendered in connection with the content and materials provided by the client (the “Client’s Content”) in the order description.
By providing the Client’s Content you hereby declare and warrant that:
- Creation, distribution, demonstration and access, downloading or copying of the Client’s Content does not infringe property or non-property rights of the third parties, including but not limited to copyright, trademarks, trade secrets and other intellectual property rights.
- You are the sole and exclusive owner of all Client’s Content that you provide to Cupi, or have all the rights, licenses, consents and permissions required to grant Cupi the rights to this Client’s Content, and allow us and registered copywriters to use the Client’s Content in any way allowed by these Terms and functionality of the Service;
- You are responsible for all personal data and confidential information that may be contained in the Client’s Content (e.g. business-related information, address, pictures of people, phone numbers, etc.).
As between you and Cupi, you own your Client’s Content and information that you submit and only grant Cupi a limited, irrevocable, perpetual, non-exclusive, sublicensable, transferable, free, worldwide license to access, use, copy, modify, store, cache, process and create derivative works of the Client’s Content without compensation to you or others for the purposes of rendering the services under these Terms.
We may refuse at its sole discretion to accept the client’s order in case the Client’s Content:
- is offensive to the online community, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
- displays pornographic or sexually explicit material of any kind.
Cupi’s intellectual property rights
The Service is controlled and operated by Cupi.
All materials of the Service, including text, graphics, information, images, drawings, trademarks, logos, video, sounds, music, software and other materials (collectively, the “Content”), as well as copyright and other intellectual property rights to such Content belong to Cupi or is included in the Service with the consent of the owner.
Subject to your compliance with these Terms, Cupi hereby grants you a limited, temporary, personal, non-exclusive, non-sublicensable, revocable, non-transferable, worldwide license to use the Service and its Content on your device(s) in the manner provided for in these Terms for personal non-commercial purposes.
Under this license you may not:
- use any robot, spider, other automatic device, or manual process to monitor, copy, or “scrape” web pages or the content contained in the Services or for any other unauthorized purpose without our prior written consent;
- avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Service to protect the Service;
- use the Service for illegal purposes;
- change or delete any Cupi ownership notices from materials downloaded or printed from the Service.
Any attempt to do so is considered as a violation of these Terms and the rights of Cupi. If you violate any of these restrictions, your use of the Service will be reviewed and terminated, and you may be subject to legal actions and damages.
Warranties and disclaimers
In brief: The Service is provided to you “as is”. We do not provide any promises regarding the Service or content. The Service may malfunction, in which case we will take every effort to resume its correct operation.
The Service is provided to you “as is”.
Except as otherwise provided by these Terms Cupi disclaims all other warranties regarding the Service, its features and Content (including delivered in accordance with the clients’ orders), to the fullest extent permitted by law, including without restrictions, guarantees of merchantability, fitness for a particular purpose and non-infringement of intellectual property rights of third parties or other rights.
We are not making any promises of any kind, including about the Service’s and content’s accuracy, usefulness, reliability and correct operation. Cupi does not guarantee that the Service will be uninterrupted or secure, that any defects will be corrected, or that the Service is free of viruses or anything else harmful.
Limitation of liability
In brief: You are responsible for your use of the Service in compliance with these Terms and any applicable laws and regulations. Cupi’s liability is limited in accordance with this section, so please read it carefully to understand what to expect.
Cupi is not responsible if any information, materials, content available through the Service are inaccurate or incomplete.
You are solely responsible for the legality of your actions within the Service and your use of the Service in accordance with the laws, regulations and third-party services terms applicable to you.
In no event shall Cupi, its subsidiaries, directors, partners, employees, contractors or agents be liable for indirect, incidental, special, punitive or consequential damages, related to any use or inability to use the Service, including, without limitation, any damages, caused as a result of use of the information or Content provided through the Service or by mistakes, omissions, interruptions, defects, viruses, even if Cupi has been advised of the possibility of such damages.
The foregoing limitations of liability do not apply to the extent prohibited by law.
If any part of the warranty disclaimers or limitations of liability is found to be invalid or unenforceable for any reason or if we are otherwise found to be liable to you in any manner, then our aggregate liability for all claims under such circumstances for liabilities, shall not exceed the total amount of payments made by you to Cupi within one year preceding the claim.
In brief: In case you violate these Terms, misuse the Service, violate any law or third party’s rights, you agree to indemnify and defend Cupi.
You agree to defend, indemnify and hold harmless Cupi, our subsidiaries, directors, partners, employees, contractors and agents from and against any and all claims, responsibility, damages, losses, and expenses, including reasonable legal and accounting expenses, arising from: (i) any breach by you of any of these Terms, (ii) your use/misuse of the Service and/or Content, or (iii) a violation by you of applicable law, third party’s intellectual property or other rights, any agreement or terms with a third party to which you are subject.
We reserve the right to handle our legal defense however we see fit, including instances when you are indemnifying us. Therefore, you agree to cooperate with us so we execute our strategy.
Applicable law and jurisdiction
In brief: These Terms are governed by the laws of the state of New York and the USA. We hope to resolve all the issues by peaceful means, but in case a serious dispute arises between us, it must be resolved in the national courts of the state of New York and the USA.
Except as otherwise set forth in these Terms or any policies, these Terms shall be exclusively governed by and construed in accordance with the laws of the state of New York and the USA, excluding its rules on conflict of laws.
If any material in the Service, or your use of the Service, is contrary to the laws of the place where you are when you access it, the Service is not intended for you, and we ask you not to use it. You are responsible for informing yourself of the laws of your jurisdiction and complying with them.
Except where prohibited by applicable law, and without limitation to any statutory rights of consumers, you agree that any dispute, conflict, claim or controversy directly or indirectly arising out of in connection with or relating to the Service or these Terms, including, without limitation, those relating to its validity, its construction or its enforceability shall be resolved by means of amicable negotiations directly with Cupi team in accordance with the principles of good faith and cooperation.
If the consensus may not be reached by the negotiations, the dispute shall be settled exclusively in the national courts of the state of New York, subject to its jurisdiction rules, with applicable substantive law of the state of New York and the USA.
All claims shall be brought within one year after the claim arises, except to the extent a longer period is required by applicable law.
In brief: We use email to stay in touch with our users. You can receive updates, recommendations and information on your payments to the provided email. You can unsubscribe from commercial emails at any time by following the instructions in such emails.
By using the Service and providing us with your contact information, you understand and agree that we may send you the electronic communications via email or push-notifications regarding, without limitation, (i) your use of the Service and curated tips; (ii) updates of the Service and these Terms; or (iii) transactions under these Terms.
Note, however, that some email messages may be more “commercial” in nature than others, as they may advertise our services or offers in which we believe you may be interested. You may unsubscribe from receiving these emails from us by following the instructions provided in such communications.
You can read more about the rules of personal data processing in our Privacy Notice.
Third-party websites and services
In brief:Some functions of the Service depend on third-party services which we do not control, therefore we cannot guarantee the uninterrupted operation of all features.
Some features of the Service are available in compatibility with third-party websites and services. We cannot guarantee that all features (e.g. payment processing) are constantly available and uninterrupted.
You acknowledge that different terms of service and privacy policies may apply to your use of such third party websites, services and content. Cupi shall not be held responsible for any losses, damages or other liabilities incurred as a result of your interaction with those third-party websites and services.
In brief: To terminate the agreement with Cupi, you have to delete and no longer use or access the Service. We will not provide any refunds. We can terminate your access to the Service, if you violate these Terms.
Termination by Cupi
We reserve the right, at any time at our sole discretion, with prior notice to: modify, suspend or discontinue the Service, Content, feature or offers through the Service. You agree that we shall not be liable to you or to any third party should any of the foregoing occur with respect to the Service and that we are only obliged to deliver the paid services, if technically possible.
Cupi reserves the right to take whatever lawful actions it may deem appropriate in response to actual or suspected violations of these Terms, including, without limitation, the suspension or termination of your license and access to the Service.
Cupi may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong.
Termination by you
You may terminate this agreement with Cupi at any time by deleting your Account and no longer accessing or using the Service. If you terminate this agreement, all permissions and licenses granted to you in these Terms will immediately terminate without Cupi’s obligation to provide any refunds.
We may transfer our rights and obligations under these Terms to a third party, but this will not affect your rights or our obligations under these Terms.
We reserve the right, at any time at our sole discretion, to modify these Terms. In case of material changes affecting your use of the Service, we’ll notify you prior to the changes’ effective date by sending you an email. If you continue to use the Service, you agree to the updated version of these Terms.
If any provision of these Terms is determined to be unlawful, void or unenforceable, the remaining provisions of these Terms will continue to be fully valid and enforceable.
Questions and contact information
If you have any questions or comments about these Terms of Service or the Service, please contact us by:
The company name: Cupi Content Services, INC.
Registration number: 20208167427
Address: State of Delaware, 651 N Broad St, Suite 206, Middletown, 19709, county of New Castle, United States of America