End User Agreements of Cupy App




I. Status of the User Agreement of the Service

I.1 This Agreement, created by the Service Administration team, sets forth the terms of use for the platform, as well as the rights and responsibilities of both users and the administration. Additionally, the Agreement includes aspects related to the rights and interests of third parties who are not users but whose interests may be affected by users’ activities.

I.2 This Agreement represents a legally binding contract between the user and the Service Administration, granting the user access to the Service and its functionalities (referred to as “Services”). In addition to this Agreement, the relationship between the user and the administration is also governed by other specific documents related to particular functionalities of the Service.

I.3 The Service Administration may unilaterally modify or update this Agreement without special notice to users. The updated document is public and accessible at: https://cupy.app/terms. Users are encouraged to periodically review the Agreement to stay informed of any changes. Continued use of the platform after such modifications constitutes acceptance of the new terms and conditions.

I.4 If any provision of this Agreement becomes unenforceable or invalid under applicable law, the remaining provisions shall remain in full force and effect. Such provisions will be adjusted, if necessary, to comply with the original intent of the Agreement, preserving its intended objectives as much as possible.

II. Status Service of Application

II.1 This Agreement defines the conditions under which users and other individuals may hold rights to use and share information and intellectual property (hereafter referred to as “Content”). Content includes, but is not limited to, graphics, design works, photography, software applications, design elements, text, images, illustrations, scripts, and various collections of these materials. These items, available in different sections of the Service, may have been independently created or submitted by users and other contributors, without any direct involvement from the Service Administration.

III. Services and Administration Platform

III.1 Individuals or organizations with questions, feedback, or concerns about this Agreement, or inquiries related to the Service’s operations or third-party rights, can reach the Service Administration via email at [email protected] or by contacting the support bot #HelperCupyBot.

III.2 The Service Administration oversees the operation and development of the platform in compliance with applicable laws, this Agreement, and other documents created to guide and regulate specific Service functions.

III.3 Users are not granted rights to use the Service’s trademarks, domain names, or other distinctive branding elements through this Agreement. Any use of these assets requires written permission from the Service Administration.

III.4 The Service Administration reserves the right to modify, update, or remove any features or content within the platform, with or without prior notice, as necessary to maintain or improve Service quality.

III.5 While the Service Administration is not responsible for temporary interruptions, technical issues, or data loss, it will make every reasonable effort to promptly address and resolve these issues to restore standard Service functionality.

IV. SignUp, Services and User Status

IV.1 Users can join the Service voluntarily and at no cost by accessing #HelperCupyBot on Telegram, either through the mobile app or another compatible platform.

IV.2 To become a user, an individual must comply with the terms of this Agreement, meet the minimum age requirement specified by law, and have the legal capacity to enter into this Agreement.

IV.3 During registration, users must provide accurate and current information to create their profile. By doing so, users authorize the Service Administration to use details from their Telegram account to set up their profile. Additional information may be requested to complete the registration.

IV.4 Users are fully responsible for the accuracy and completeness of the information they provide during registration, ensuring that this information does not violate any third-party rights.

IV.5 Once registration is complete, both users and the Service Administration accept the mutual rights and responsibilities outlined in this Agreement.

IV.6 User data is processed in accordance with applicable laws and the Service’s Privacy Policy, ensuring personal information is protected. By registering, users consent to the Service Administration processing their personal data. If users do not consent, they may be restricted from accessing the Service.

IV.7 A user’s Telegram account is necessary and sufficient for accessing the Service. Users are responsible for securing their account and may store login details on their device for convenience.

IV.8 Unless stated otherwise, any actions taken using a user’s profile are assumed to be by that user. In the event of unauthorized access or a data breach, users must immediately notify the Service Administration.

IV.9 Once registered, users can independently manage and customize their profile content for personal, non-commercial use.

IV.10 Users understand that they are the owners of their profile content. The Service Administration does not intervene in the management or distribution of profile content unless required by this Agreement or applicable laws.

IV.11 Users agree to keep their profile information up-to-date, ensuring that it remains accurate and in line with Service policies. The Service Administration reserves the right to verify the information provided by users if necessary.

IV.12 The Service Administration may suspend or revoke a user’s access if the information provided is found to be inaccurate, incomplete, or violates Service policies.

V. Responsibilities and User Obligations

V.1 Users agree to uphold the following responsibilities when using the Service:

  • 1. Comply with all applicable laws, this Agreement, and any Service-specific policies.
  • 2. Provide and maintain accurate, complete, and up-to-date information in their profile.
  • 3. Promptly notify the Service Administration of any unauthorized access to their profile or Telegram account.
  • 4. Avoid sharing their profile or any personal data in ways that may violate laws or Service policies.
  • 5. Refrain from posting content or links that could infringe on others’ rights or privacy.
  • 6. Carefully assess the legality of any content, including third-party images or texts, before posting.
  • 7. Respect the confidentiality of other users’ private data obtained through the Service unless explicit permission has been granted.

V.2 In cases of uncertainty regarding the legality of an action, such as posting certain content or granting access, users are encouraged to refrain from these actions until they are certain.

V.3 The following activities are strictly prohibited for users:

  • 1. Creating a user profile on behalf of another person or using a false identity (“fake account”).
  • 2. Misleading others about their identity, age, or affiliations with individuals or organizations.
  • 3. Uploading, storing, or sharing content that is threatening, offensive, defamatory, or otherwise inappropriate.
  • 4. Posting any material that promotes violence, hate speech, discrimination, or illegal activity.
  • 5. Sharing unauthorized advertisements, promotions, or any commercial content without prior approval from the Service Administration.
  • 6. Engaging in actions that disrupt the normal functionality of the Service or interfere with other users’ profiles.
  • 7. Using unauthorized tools, such as bots or scripts, to gather information or interact with the Service.
  • 8. Attempting unauthorized access to other users’ profiles or accounts.
  • 9. Collecting or processing personal data of other users or third parties without permission.
  • 10. Replicating, copying, or reselling access to the Service without explicit authorization.

V.4 Users are solely responsible for any information they post or share on the Service, as well as any interactions with other users, and they assume all associated risks.

V.5 If users disagree with the terms of this Agreement or any subsequent updates, they are required to discontinue use of the Service and notify the Service Administration.

V.6 Users whose profiles receive more than three thousand views daily are required to comply with laws governing public information distribution, including:

  • 1. Preventing illegal or harmful activities on their profile.
  • 2. Verifying the accuracy of publicly shared information before posting it.
  • 3. Respecting the privacy of others and avoiding the publication of private information without consent.

V.7 Users must follow all Service policies regarding acceptable content, ensuring that any uploaded material adheres to community guidelines, including those against offensive language, hate speech, and other restricted content.

VI. Property Rights and Terms of Intellectual

VI.1 Ownership of Content on the Service

  • 1. Content available on the Service may include intellectual property owned by the Service Administration, users, and third-party creators, all of which is protected by applicable laws.
  • 2. Users are not permitted to copy, reproduce, distribute, frame, publish, download, or use any content, in whole or in part, without explicit permission from the content owner, unless allowed by this Agreement or relevant laws.
  • 3. By uploading content, users grant other users a limited, non-exclusive right to view and use the content for personal, non-commercial purposes, as long as it does not infringe on the rights of the content owner.
  • 4. Users must preserve all signs of authorship, including copyright notices, the author’s name, and the integrity of the work when using content.
  • 5. Uploading or sharing content from other websites, databases, or intellectual property without the copyright owner’s consent is strictly prohibited.
  • 6. Any use of Service content beyond the terms set in this Agreement is not allowed without prior written consent from the copyright holder.
  • 7. This Agreement does not transfer any ownership rights to Service content unless explicitly stated.

VI.2 User Responsibility for Content Compliance

  • 1. Users are fully responsible for ensuring they hold the necessary rights to any content they upload or share on the Service. The Service Administration reserves the right to delete or relocate any content that violates this Agreement or poses risks to others.
  • 2. By posting content, users permit the Service Administration to make copies for organizational or storage purposes
  • 3. Users grant the Service Administration a non-exclusive license to use, modify, and distribute their content in connection with promoting or operating the Service.

VI.3 Third-Party Sites and External Content

  • 1. The Service may include links to external websites or third-party content, such as articles, images, and applications, which are not reviewed by the Service Administration for accuracy or compliance.
  • 2. The Service Administration is not responsible for content on third-party sites or any harm that might arise from accessing such links via the Service.
  • 3. Links to third-party sites do not imply endorsement, and users who access these sites assume responsibility for following their terms and policies.

VII. Obligation when Accessing the Cupy.app

VII.1 User Responsibility - Users are fully responsible for any actions they take within the Service, including posting content, creating their profiles, and interacting with others. Any violations of this Agreement or applicable laws may result in civil, administrative, or criminal liability.

VII.2 Role of the Service Administration - The Service Administration provides a platform for users but does not create or control user-generated content, nor does it monitor users’ interactions or activities. The Service Administration is not liable for the actions or inactions of users on the platform.

VII.3 Content Moderation - While the Service Administration does not engage in pre-moderation of user content, it may act upon receiving reports or requests related to content that violates rights, laws, or Service policies. Action may include removing content or restricting user access, depending on the severity of the violation.

VII.4 Changes to Service Features - The Service Administration reserves the right to modify, update, or remove features and content on the platform to maintain or improve its quality, with or without prior notice to users.

VII.5 Technical Issues - The Service Administration is not liable for temporary disruptions, technical problems, or data loss that may occur on the platform. However, reasonable efforts will be made to promptly resolve these issues to restore normal functionality.

VII.6 Use of Statistical Data - The Service Administration may utilize statistical data related to the Service’s usage to display relevant advertising or improve functionality. Users’ personal information will only be accessed in line with this Agreement.

VII.7 Advertising and Communication - The Service Administration may send users promotional messages related to the Service. By using the Service, users consent to receive these messages unless they opt out, where possible.

VII.8 Service Administration Liability - The Service, including all scripts, applications, content, and design elements, is provided “as is.” The Service Administration disclaims any warranties regarding the Service’s suitability for specific purposes or expected outcomes. The Service Administration is not liable for indirect or incidental damages, including lost profits or data, harm to reputation, or other losses resulting from use of the Service.

VIII. Additional Premium Services

VIII.1 Availability of Paid Services. The Service offers optional paid features, which users can access through one-time purchases or renewable subscriptions. These paid services are not required for basic registration or use of the platform and are designed to provide additional functionalities for users who wish to enhance their experience.

VIII.2 Types of Paid Services

  • 1. One-Time Services: Users may choose one-time paid services based on their preferences, including selecting specific options, service duration, and other terms provided by the Service Administration.
  • 2. Subscription Services: Renewable subscriptions offer ongoing access to specific features. By activating a subscription, users agree to automatic renewal until they cancel.

VIII.3 Automatic Renewal of Subscriptions

  • 1. When users activate a subscription, they authorize the Service or its payment partner to automatically renew the subscription at the end of each billing cycle, using the payment method on file.
  • 2. Users are responsible for monitoring subscription terms, ensuring funds are available for renewal, and managing cancellations if they no longer wish to continue.

VIII.4 Cancellation of Automatic Renewals Users may cancel their subscription’s auto-renewal at any time by accessing their account settings or following the Service’s instructions. Cancellations will take effect at the end of the current billing period, with no additional charges applied.

VIII.5 Non-Refundable Payments All payments for paid services, including renewals, are final and non-refundable. Once a paid service is activated, it is considered fully delivered.

VIII.6 Service Suspension or Termination If a user violates any terms of this Agreement, the Service Administration reserves the right to limit or suspend access to paid services, with no obligation to refund any unused portion of these services.

VIII.7 Third-Party Payment Processing Payments for paid services may be handled by authorized third-party providers. The Service Administration is not liable for the accuracy, security, or processing by these third-party providers. Users should adhere to the terms and conditions of the payment provider used.

VIII.8 User Responsibility for Payment Information Users are responsible for ensuring their payment information is up-to-date and accurate. In case of failed payments due to incorrect or outdated payment details, the Service may suspend access to paid services until the issue is resolved.

VIII.9 Fraud and Unauthorized Payments If the Service Administration suspects any unauthorized or fraudulent payment activity, it reserves the right to restrict the user’s access to paid services and may refer the matter to appropriate authorities.

IX. Policy for refunds

IX.1 Non-Refundable Payments All payments made for services on the platform are final and non-refundable. Once a paid service or subscription is activated, it is considered fully delivered, and users are not eligible for refunds for unused portions or remaining time.

IX.2 Exceptional Refund Requests In rare cases, refunds may be considered at the sole discretion of the Service Administration. To request a refund under exceptional circumstances, users may contact the Service Administration at [email protected] or through the support bot #HelperCupyBot. The Service Administration reserves the right to deny any refund request that does not meet specific criteria.

IX.3 Subscription Cancellations and Refunds If a user cancels a subscription, the cancellation will take effect at the end of the current billing period. No refunds are issued for the unused time within the billing period following cancellation.

IX.4 Chargebacks and Disputes Users are encouraged to contact the Service Administration with any billing issues before initiating a chargeback or dispute through their payment provider. Unauthorized chargebacks may result in the suspension or termination of the user’s access to the Service.

IX.5 Processing Times for Approved Refunds If a refund is granted, processing times may vary based on the user’s payment method and financial institution policies. The Service Administration will provide an estimated timeline for refunds once approved.

X. Final clauses and governing legislation

X.1 Applicable Law This Agreement is governed by the laws of Gibraltar. Any issues not specifically covered in this Agreement shall be addressed according to Gibraltar legal provisions.

X.2 Resolution of Disputes In the event of disputes arising from this Agreement, the user and Service Administration agree to attempt resolution through negotiation. Should negotiation fail, disputes will be handled in accordance with Latvian legal procedures.

X.3 Duration and Termination of Agreement This Agreement is effective from the moment the user accepts it and remains valid indefinitely, unless terminated by either party as per the terms stated herein.

X.4 Language of the Agreement This Agreement is drafted in English, which shall be the controlling language. Translations provided are for convenience, and in case of conflict, the English version shall prevail.

X.5 Severability If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall continue in effect. Any invalid or unenforceable provision will be replaced with a valid one that best reflects the original intent.

X.6 Entire Agreement This Agreement constitutes the complete understanding between the user and the Service Administration regarding the use of the Service, superseding any previous agreements, whether written or verbal.

X.7 Modifications and Amendments The Service Administration reserves the right to modify or amend this Agreement at any time. Users are encouraged to review the Agreement regularly to stay informed of any updates. Continued use of the Service after amendments constitutes acceptance of the revised terms.

X.8 Waiver of Rights Failure by the Service Administration to enforce any right or provision of this Agreement shall not constitute a waiver of that right or provision. Any waiver shall only be effective if made in writing and signed by an authorized representative of the Service Administration.

X.9 Date of the Last Change The date of the most recent change to this Agreement is Oct 28, 2024. Users are encouraged to review this Agreement periodically to stay informed of any modifications.