Effective January 1, 2024
A brief summary of our Terms of Use is available here.
We have included brief summaries at the beginning of each section to make it easier for you to read and understand this agreement. The summaries do not replace the text of each section, and you should still read each section in its entirety.
1. INTRODUCTION
By accessing or using the Copeo Services, you agree to be bound by this Terms of Use Agreement (the “Terms” or “Agreement”), including our Privacy Policy and Cookie Policy. Therefore, it is important that you read this Agreement and these policies and procedures carefully before creating an account.
PLEASE CAREFULLY REVIEW THE DISPUTE RESOLUTION PROVISIONS IN SECTION 15 BELOW. THESE GOVERN HOW DISPUTES BETWEEN YOU AND COPEO WILL BE HANDLED. These provisions include a mandatory pre-arbitration informal dispute resolution process, an arbitration agreement, choice of small claims court, a class action waiver, additional procedures for mass filing arbitration, and a jury trial waiver that affect your rights. In arbitration, there is typically less discovery and appellate review than in court.
We may update these Terms from time to time, so please check this page regularly for updates.
Welcome to Copeo.
The terms “we,” “us,” “Company,” and/or “Copeo” refer to MTCH Technology, MG Japan, or Copeoapp Group, depending on your country of residence. Together, you and Copeoapp may be referred to as the “Parties” or separately as “Parties.”
As used in this Agreement, the terms “Copeo,” “we,” “us,” the “Company,” and “our” shall refer to Copeoapp Group, LLC and/or MTCH Technology Services Limited, as applicable. Together, you and Copeoapp may be referred to as the “Parties” or separately as “Parties.”
By accessing or using our Services at Copeoapp.com (the “Website”), the Copeoapp mobile application (the “App”), or any other platform or service that Copeoapp may offer (collectively, the “Service” or our “Services”), you agree to and are bound by this Agreement. This Agreement applies to anyone who accesses or uses our Services, regardless of registration or subscription status.
Your access to and use of our Services are also subject to the Privacy Policy and Cookie Policy, and any terms disclosed and agreed to by you when purchasing additional features, products, or services from Copeoapp (“Additional Purchase Terms”), which are incorporated into this Agreement by reference. If you do not wish to be bound by this Agreement, do not access or use our Services.
Subject to applicable law, we reserve the right to modify, amend, or change the Terms at any time. A notice of material changes will be posted on this page with an updated effective date. In certain circumstances, we may notify you of a change to the Terms by email or other means; however, you are responsible for regularly reviewing this page for any changes. Your continued access or use of our Services constitutes your continued consent to any changes, and as a result, you will be legally bound by the updated Terms. If you do not agree to a change to the Terms, you must immediately stop accessing or using our Services. Notwithstanding the foregoing, any material changes to the Limitation of Liability in Section 14 and the Dispute Resolution provisions in Section 15 below will require your affirmative acceptance. In addition, we reserve the right to change the availability of features in our subscription plans.
2. ACCOUNT ELIGIBILITY; YOUR RESPONSIBILITIES
Before creating an account with Copeo, please make sure you are eligible to use our Services. This Section also details what you may and may not do when using the Services, as well as the rights you grant to Copeo.
You are not authorized to create an account or use the Services unless all of the following statements are true, and by using our Services, you represent and warrant that:
1. You are an individual (i.e., not a corporation, partnership, or any other business entity) who is at least 18 years of age;
2. You are legally qualified to enter into a binding contract with Copeo;
3. You are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country;
4. You are not on any list of individuals prohibited from conducting business with the United States (for example, the U.S. Treasury Department’s list of Specially Designated Nationals or any similar government agency list) or face any other similar prohibition.
5. You are not prohibited by law from using our Services;
6. You have not committed, been convicted of, or pleaded no contest to a felony or misdemeanor (or a crime of similar severity), a sex crime, or any crime involving violence or a threat of violence, unless you have received clemency for a non-violent offense and we have determined that you are unlikely to pose a threat to other users of our Services;
7. You are not required to register as a sex offender with any state, federal, or local sex offender registry;
8. You do not have more than one account on our Services; and
9. You have not been previously removed from our Services or the services of our affiliates by us or our affiliates, unless you have our express written authorization to create a new account.
If at any time you cease to meet these requirements, all authorization to access our Services or systems is automatically revoked, and you must immediately delete your account, and we reserve the right to terminate your access to our Services without prior notice.
You agree to:
1. Comply with these Terms and review this page from time to time to ensure you are aware of any changes;
2. Comply with all applicable laws, including, but not limited to, privacy laws, intellectual property laws, anti-spam laws, and regulatory requirements;
3. Use the most recent version of the Website and/or App;
4. Take reasonable steps to protect the security of your login information.
5. Comply with and accept the EULA terms.
You agree that you will not:
1. Misrepresent your identity, age, or affiliations with a person or entity;
2. Use the Services in a manner that harms the Services or impedes their use by other users;
3. Use our Services in a manner that interferes with, disrupts, or negatively affects our Services platform, servers, or networks;
4. Use our Services for harmful, illegal, or malicious purposes, including, but not limited to, money laundering or other financial crimes;
5. Harass, intimidate, stalk, assault, defame, harm, or otherwise abuse or cause psychological harm;
6. Post or share Prohibited Content (see below);
7. Request passwords for any purpose, or personally identifiable information for commercial or unlawful purposes from other users, or disclose another person’s personal information without their permission;
8. Request money or other valuables from another user, whether as a gift, loan, or form of compensation;
9. Use another user’s account;
10. Use our Services in connection with fraud, pyramid schemes, or other similar practices;
11. Use our Services in connection with political campaign financing or for the purpose of influencing any election, other than to share your own personal political opinions. 12. Violate the terms of the license granted by Copeoapp (see Section 6 below).
13. Reveal private or confidential information that you do not have the right to disclose.
14. Copy, modify, transmit, distribute, or create any derivative work from any Member Content or Our Content, or any copyrighted material, images, trademarks, trade names, service marks, or other intellectual property, content, or proprietary information accessible through our Services without Copeo’s prior written consent;
15. Express or imply that any statement you make is endorsed by Copeo;
16. Use any robot, crawler, site search/retrieval application, proxy, or other manual or automatic device, method, or process to access, retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of our Services or their content;
17. Upload viruses or other malicious code or otherwise compromise the security of our Services;
18. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through our Services;
19. “Frame” or “mirror” any part of our Services without Copeo’s prior written authorization;
20. Use meta tags, code, or other devices containing any reference to Copeoapp or the platform (or any Copeo trademark, trade name, service mark, logo, or slogan) to direct any person to any other website for any purpose;
21. Modify, adapt, sublicense, translate, sell, reverse engineer, decrypt, decompile, or otherwise disassemble any part of our Services, or cause others to do so;
22. Use or develop any third-party applications that interact with our Services.
Prohibited Content: Copeoapp prohibits uploading or sharing content that:
1. Could reasonably be considered offensive or that harasses, abuses, or causes psychological distress to another person;
2. Is obscene, pornographic, violent, or contains nudity;
3. Is abusive, threatening, discriminatory, or that promotes or encourages racism, sexism, hatred, or intolerance;
4. Promotes or facilitates any illegal activity, including, but not limited to, terrorism, inciting racial hatred, or whose presentation would constitute the commission of a criminal offense;
5. Promotes or facilitates any activity that may result in harm to the user or another person, including, but not limited to, the promotion of self-harm, eating disorders, dangerous challenges, or violent extremism;
6. Is defamatory, slanderous, or false;
7. Is related to commercial activities (including, without limitation, sales, contests, promotions, advertising, solicitation of services, sex work, “sugar daddy” or “sugar baby” relationships, links to other websites or premium phone numbers);
8. Involves or facilitates the transmission of spam;
9. Contains spyware, adware, viruses, corrupted files, worm programs, or other malicious code designed to interrupt, damage, limit the functionality of, or disrupt any software, hardware, telecommunications, networks, servers, or other equipment, Trojan horses, or other material designed to damage, interfere with, falsely intercept, or expropriate any data or personal information, whether from Copeoapp or elsewhere;
1. Infringes the rights of third parties (including, without limitation, intellectual property rights and privacy rights);
2. Was not written by you, unless expressly authorized by Copeo;
3. Includes the image or likeness of another person without that person’s consent (or, in the case of a minor, the minor’s parent or guardian);
4. Includes an image or likeness of a minor who is not accompanied by the minor’s parent or guardian, or is not fully clothed, or otherwise depicts or implies a minor engaging in sexual activity;
5. Is inconsistent with the intended use of the Services; or
6. May damage the reputation of Copeoapp or its affiliates.
Uploading or sharing content that violates these Terms (“Prohibited Content”) may result in the immediate suspension or termination of your account.
3. CONTENT
It is important that you understand your rights and responsibilities regarding the content on our Services, including any content you provide or post. Posting inappropriate content is expressly prohibited.
While using our Services, you will have access to: (i) content that you upload or provide while using our Services, even if suggested by our Services (“Your Content”); (ii) content that other users upload or provide while using our Services (“Member Content”); and (iii) content that Copeoapp provides on and through our Services (“Our Content”). In this agreement, “content” includes, without limitation, all text, images, video, audio, or other material on our Services, including information in user profiles and in direct messages between users.
For additional information on how we moderate content, please see our Safety page here for details. For additional information on how recommended profiles are ranked, please see our FAQ here.
Copeo allows user posting of content. To ensure a safe environment and compliance with App Store policies, we implement the following measures:
• We implement filters to block objectionable content before it is posted.
• We have a reporting system for offensive content, with timely responses.
• Users can be reported by submitting their account profile and will be blocked within 24 hours.
• Chats can be blocked by simply deleting the chat.
• Users can block others, and Copeo may suspend abusive accounts.
• Our team can be contacted at info@copeoapp.com for any issues (replace with your actual email address).
Pornographic content, “hot or not” voting, physical threats, or behavior similar to Chatroulette-type services are not permitted. Non-compliance may result in account deletion without prior notice.
When content from creator communities (videos, articles, games, etc.) is offered, it will be moderated and will not modify the app’s core functionality. Such content will be considered user-generated and the highest age rating available in the app will be applied. For more information, click here.
3a. YOUR CONTENT
You are responsible for Your Content. Do not share anything that you would not want others to see, that would violate this Agreement, or that may expose you or us to legal liability.
You are solely responsible for Your Content, and therefore, you agree to indemnify, defend, release, and hold us harmless from any claims made in connection with Your Content.
You represent and warrant that the information you provide to us or any other user is accurate, including any information submitted through Facebook or other third-party sources (if applicable), and that you will update your account information as necessary to ensure its accuracy.
The content included in your individual profile must be relevant to your intended use of our Services. You may not upload any Prohibited Content. You may not display any personal contact, banking, or peer-to-peer payment information, whether related to you or any other person (e.g., names, residential addresses or postal codes, phone numbers, email addresses, URLs, credit/debit cards, peer-to-peer payment usernames, or other banking details). If you choose to disclose any personal information about yourself to other users, you do so at your own risk. We strongly recommend that you exercise caution when disclosing any personal information online.
Your individual profile will be visible to others around the world, so please make sure you are comfortable sharing Your Content before posting it. You acknowledge and agree that Your Content may be viewed by other users and, notwithstanding these Terms, other users may share Your Content with third parties. By uploading Your Content, you represent and warrant to us that you have all necessary rights and licenses to do so and automatically grant us a license to use Your Content as provided in Section 7 below.
We may provide tools and features to enhance individual expression through Your Content and Member Content (described in Section 3b), and we are constantly developing new technologies to enhance our Services. Certain tools or features may allow you to generate or enhance content based on Your Content. However, this remains Your Content, and you are responsible for it and its accuracy, as well as for its use on our Services and for all decisions made, actions taken, and inactions based on Your Content.
Please be careful when choosing and sharing Your Content. You understand and agree that we may monitor or review Your Content, and we have the right to remove, edit, limit, or block or prevent access to any of Your Content at any time in our sole discretion. You further understand and agree that we have no obligation to display or review Your Content.
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3b. MEMBER CONTENT
While you will have access to Member Content, it does not belong to you, and you may not copy or use Member Content for any purpose not contemplated by these Terms.
Other users will also share content on our Services. Member Content belongs to the user who posted the content and is stored on our servers and displayed at the user’s direction.
You should always carefully review and independently verify Member Content to ensure its accuracy. Other users may use tools to generate or improve content based on the Member Content they provide.
Member Content may include biased, inaccurate, harmful, offensive, or misleading information. Other users are responsible for their Member Content, as well as for all decisions made, actions taken, and inactions based on their use of the Member Content. You have no rights to the Member Content and, unless expressly authorized by Copeoapp, you may only use Member Content to the extent that your use is consistent with the purpose of our Services: allowing us to communicate and find each other. You may not copy Member Content or use it for commercial purposes, to spam, harass, or make illegal threats. We reserve the right to terminate your account if you misuse Member Content.
3c. OUR CONTENT
Copeoapp owns or licenses all other content on our Services.
Any other text, content, graphics, user interfaces, trademarks, logos, sounds, artwork, images, and other intellectual property material appearing on our Services is owned, controlled, or licensed by us and is protected by copyright, trademark, and other intellectual property rights. All right, title, and interest in and to Our Content remains with us at all times.
We grant you a limited license to access and use Our Content as provided in Section 6 below, and we reserve all other rights.
4. INAPPROPRIATE CONTENT AND MISCONDUCT; REPORTING
Copeoapp does not tolerate inappropriate content or behavior on our Services.
We are committed to maintaining a positive and respectful community, and we do not tolerate any inappropriate content or misconduct, whether on or off the Services (including, but not limited to, on services operated by our affiliates). We encourage you to report any inappropriate content or misconduct from other users. You can report a user directly through the “Report User” link on a user’s profile or in the messaging experience. You can also contact Customer Service.
As set forth in our Privacy Policy, we may share data among our affiliates for the safety of our users and may take appropriate action if we believe you have violated these Terms, including banning you from our Services and/or our affiliates’ services and/or preventing you from creating new accounts. You understand and agree that we may not share information with you about your account if doing so could potentially affect the safety or privacy of our other users. Member Content is subject to the terms and conditions of Sections 512(c) and/or 512(d) of the Digital Millennium Copyright Act of 1998. To file a complaint about Member Content that may constitute intellectual property infringement, see Section 12 (Digital Millennium Copyright Act) below.
5. PRIVACY
Privacy is important to us. We have a separate policy regarding this matter that you should read.
For information about how Copeoapp and its affiliates collect, use, and share your personal data, please read our Privacy Policy. By using our Services, you agree that we may use your personal data in accordance with our Privacy Policy.
6. RIGHTS GRANTED BY COPEO
Copeoapp grants you the right to use and enjoy our Services, subject to these Terms.
As long as you comply with these Terms, Copeoapp grants you a personal, worldwide, royalty-free, non-assignable, non-exclusive, revocable, and non-sublicensable license to access and use our Services for any purpose intended by Copeoapp and permitted by these Terms and applicable law. This license and any authorization to access the Service are automatically revoked if you fail to comply with these Terms.
7. RIGHTS YOU GRANT TO COPEO
You own all content you provide to Copeo, but you also grant us the right to use Your Content as set forth in this Agreement.
By creating an account, you grant Copeoapp a worldwide, perpetual, transferable, sublicensable, royalty-free right and license to host, store, use, copy, display, reproduce, adapt, edit, publish, translate, modify, reformat, incorporate into other works, advertise, distribute, and otherwise make Your Content available to the general public, including any information you authorize us to access from Facebook or other third-party sources (if applicable), in whole or in part, in any manner and in any format or media now known or hereafter developed. Copeoapp’s license to Your Content will be non-exclusive, except that Copeoapp’s license will be exclusive with respect to derivative works created through the use of our Services. For example, Copeoapp would have an exclusive license to screenshots of our Services that include Your Content.
Additionally, to enable Copeoapp to prevent the use of Your Content outside of our Services, you authorize Copeoapp to act on your behalf with respect to infringing uses of Your Content taken from our Services by other users or third parties. This expressly includes the authority, but not the obligation, to send notices pursuant to 17 U.S.C. § 512(c)(3) (i.e., DMCA Takedown Notices) on your behalf if Your Content is taken and used by third parties outside of our Services. Copeoapp is not obligated to take any action with respect to the use of Your Content by other users or third parties. Copeoapp’s license to Your Content is subject to your rights under applicable law (for example, personal data protection laws to the extent the content contains personal information as defined by those laws).
In consideration of Copeoapp allowing you to use our Services, you agree that we, our affiliates, and our third-party partners may place advertising on our Services. By submitting suggestions or comments to Copeoapp about our Services, you agree that Copeoapp may use and share such feedback for any purpose without compensation to you.
You agree that Copeoapp may access, preserve, and disclose your account information, including Your Content, if required to do so by law or if there is a good faith belief that such access, preservation, or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce these Terms; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your customer service requests; (v) protect the rights, property, or personal safety of the Company or any other person; or (vi) investigate, prevent, or take other action regarding illegal activities, suspected fraud, or other misconduct.
8. Purchases and Auto-Renewal Subscriptions
You will have the opportunity to purchase Copeo products and services. If you purchase a subscription, it will automatically renew, and you will be charged, until you cancel it.
Copeoapp may offer products and services for purchase through iTunes, Google Play, or other third-party services authorized by Copeoapp (each, an “External Service,” and any purchases made thereon, an “External Service Purchase”). Copeoapp may also offer products and services for purchase through credit card or other payment processors on the website or within the app (“Internal Purchases”).
If you purchase a subscription, it will automatically renew until you cancel it, in accordance with the terms disclosed to you at the time of purchase, as described in more detail below.
If you cancel your subscription, you will continue to have access to the benefits of your subscription until the end of the subscription period, at which point it will expire.
Because our services can be used without a subscription, canceling your subscription does not delete your profile from our services. If you wish to completely terminate your account, you must do so as set forth in Section 9.
Copeoapp operates a global business, and our prices vary based on several factors. We frequently offer promotional rates, which may vary by region, subscription length, package size, previous purchases, account activity, and more. We also regularly test new features and payment options. If you do not cancel your subscription in a timely manner, it will renew at the full price indicated at the time of purchase, without any further action on your part, and you authorize us to charge your payment method for these amounts. To the extent permitted by law, we reserve the right, including without prior notice, to limit the available quantity or discontinue making available any product, feature, service, or other offering; to impose conditions on the acceptance of any coupon, discount, offer, or other promotion; to prohibit any user from engaging in any transaction; and to deny any user any product, service, or other offering.
8a. PURCHASES AND SUBSCRIPTIONS THROUGH EXTERNAL SERVICES
Purchases for External Services, including subscriptions, may be processed through the External Service, in which case those purchases must be managed through your External Service Account. Subscriptions automatically renew until you cancel them.
When making a purchase on the Service, you may have the option to pay through an External Service, such as with your Apple ID or Google Play account (“your External Service Account”), and your External Service Account will be charged for the purchase according to the terms disclosed at the time of purchase and the general terms applicable to your External Service Account. Some External Services may charge you sales tax, depending on where you live, which may change from time to time.
If your External Service Purchase includes an auto-renewing subscription, your External Service Account will continue to be periodically charged for the subscription until you cancel it. After the initial subscription commitment period, and again after any subsequent subscription period, your subscription will automatically continue for the price and period you agreed to when you signed up. If you received a discounted promotional offer, the price may increase according to the terms of that offer after the initial subscription period for any subsequent renewal period. To cancel a subscription: If you do not want your subscription to automatically renew, or if you want to change or terminate your subscription, you must log in to your Third-Party Service Account and follow the instructions to manage or cancel your subscription, even if you have deleted your account with us or deleted the app from your device. For example, if you subscribed using your Apple ID, cancellation is handled by Apple, not Copeo. To cancel a purchase made with your Apple ID, go to Settings within the app and follow the instructions to cancel. You can also request support at https://getsupport.apple.com.
Similarly, if you subscribed on Google Play, cancellation is handled by Google. To cancel a purchase made through Google Play, open the Google Play app on your mobile device and go to Settings. You can also request support at https://play.google.com. If you cancel a subscription, you can continue using the canceled service until the end of your current subscription term. The subscription will not renew when your current term expires.
If you initiate a chargeback or other reversal of a payment made with your External Service Account, Copeoapp may terminate your account immediately at its sole discretion, based on the determination that you do not desire a Copeo subscription. If your chargeback or other payment reversal is reversed, please contact Customer Support. Copeoapp will retain all funds charged to your External Service Account until you cancel your subscription through your External Service Account. Certain users may be entitled to a refund. See Section 8d below for more information.
8b. INTERNAL PURCHASES AND SUBSCRIPTIONS
Internal Purchases, including subscriptions, are processed using the Payment Method you provide on the Website or App. Subscriptions automatically renew until you cancel them.
If you make an Internal Purchase, you agree to pay the prices displayed to you for the Services you have selected, as well as any sales or other similar taxes that may be imposed on your payments (as may change from time to time), and you authorize Copeoapp to charge the payment method you provide (your “Payment Method”). Copeoapp may correct any errors or billing mistakes even if we have already requested or received payment. If you initiate a chargeback or other reversal of a payment made with your Payment Method, Copeoapp may terminate your account immediately at its sole discretion, based on its determination that you do not desire a Copeo subscription. If your chargeback or other payment reversal is reversed, please contact Customer Support. If your In-House Purchase includes an automatically renewing subscription, your Payment Method will continue to be charged periodically for the subscription until you cancel it. After the initial commitment period of your subscription, and again after any subsequent subscription periods, your subscription will automatically continue for the price and period agreed upon when you subscribed, until you cancel it.
To cancel a subscription, log in to the Website or App and go to the Account section. If you cancel a subscription, you can continue to use the canceled service until the end of your current subscription term. The subscription will not renew when your current term expires.
You can edit your Payment Method information using the Settings tool and following the link to allow your upgrade to expire. If a payment is not processed successfully, due to expiration, insufficient funds, or other reasons, you remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method, as updated. This may result in a change in your payment billing dates.
Additionally, you authorize us to obtain updated expiration dates or replacement card numbers for your credit or debit card, as provided by your credit or debit card issuer. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer, or other provider of your chosen Payment Method. If you reside outside the Americas, you agree that your payment to Copeoapp may be made through MTCH Technology Services Limited, and if you reside in the United States, that your payment to Copeoapp may be made through Plentyoffish Media LLC. Certain users may be entitled to a refund. See Section 8d below for more information.
8c. VIRTUAL ITEMS
Virtual items are non-refundable and are subject to certain conditions.
From time to time, you may have the opportunity to purchase a limited, personal, non-transferable, non-sublicensable, revocable license to use or access special limited-use features, including but not limited to credits redeemable for virtual items, such as Super Likes, Boosts, Live Credits, or Gifts (“Virtual Items”) from Copeo. You may only purchase Virtual Items from us or our authorized partners through our Services.
Virtual Items represent a limited license right governed by this Agreement, and, except where prohibited by applicable law, no title or ownership in or to the Virtual Items is being transferred or assigned. This Agreement should not be construed as a sale of any rights in the Virtual Items.
Any Virtual Item balance displayed in your account does not constitute a real-world balance or reflect any stored value, but rather constitutes a measure of the scope of your license. Virtual Items do not incur non-use fees; However, the license granted to you in the Virtual Items will terminate in accordance with the terms of this Agreement, on the earlier of the date that Copeoapp stops providing our Services, or when your account is closed or terminated for any other reason.
Copeo, in its sole discretion, reserves the right to charge fees for the right to access or use Virtual Items and/or may distribute Virtual Items with or without charge. Copeoapp may manage, regulate, control, modify, or eliminate Virtual Items at any time, including taking actions that may affect the perceived value or purchase price, if applicable, of any Virtual Item. Copeoapp will have no liability to you or any third party should Copeoapp exercise any of these rights. The transfer of Virtual Items is prohibited, and you must not sell, trade, or otherwise transfer Virtual Items to any person or entity. Virtual Items may only be redeemed through our Services.
ALL PURCHASES AND REDEMPTIONS OF VIRTUAL ITEMS MADE THROUGH OUR SERVICES ARE FINAL AND NON-REFUNDABLE. YOU ACKNOWLEDGE THAT COPEOAPP IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN AN ACCOUNT IS CLOSED, WHETHER VOLUNTARILY OR INVOLUNTARY.
8d. REFUNDS
Generally, all purchases are non-refundable. Special refund terms apply in the EU, EEA, UK, Switzerland, Korea, and Israel. Special refund terms also apply in Arizona, California, Colorado, Connecticut, Illinois, Iowa, Minnesota, New York, North Carolina, Ohio, Rhode Island, and Wisconsin.
Generally, all purchases are final and non-refundable, and there are no refunds or credits for partially used periods, except where applicable laws in your jurisdiction provide for refunds. Your Right to Cancel: You may cancel your subscription, without penalty or obligation, at any time before midnight on the third business day following the date you subscribed. If you die before the end of your subscription period, your estate will be entitled to a refund of the portion of any payment you have made for your subscription that is allocable to the period following your death. If you become incapacitated (such that you are unable to use our Services) before the end of your subscription period, you will be entitled to a refund of the portion of any payment you have made for your subscription that is allocable to the period following your incapacity, by providing the Company with notice in the same manner as you request a refund as described below.
If any of the above applies to you and you subscribed using your Apple ID, your refund requests are handled by Apple, not Copeo. To request a refund, please contact your External Service directly; For example, using your Apple device, go to Settings > iTunes & App Stores > [click your Apple ID] > View Apple ID > Purchase History. Find the transaction and select “Report a Problem.” You can also request a refund at https://getsupport.apple.com. For all other purchases, please contact Copeoapp Customer Service with your order number (check your confirmation email) by mailing or delivering a signed and dated notice stating that you, the purchaser, are canceling this Agreement, or words of similar effect. Please also include the email address or phone number associated with your account along with your order number. This notice should be sent to info@copeoapp.com.
9. ACCOUNT TERMINATION
If you no longer wish to use our Services, or if we terminate your account for any reason, here’s what you need to know.
You can delete your account at any time by logging into the Website or App, going to “Settings,” clicking “Delete Account,” and following the instructions to complete the deletion process. However, you must cancel/manage any purchases made through a Third-Party Service through your Third-Party Service Account (e.g., iTunes, Google Play) to avoid additional billing.
Copeoapp reserves the right to investigate and, if appropriate, suspend or terminate your account without a refund if Copeoapp believes you have violated these Terms, misused our Services, or behaved in a manner that Copeoapp considers inappropriate or unlawful, on or off our Services. We reserve the right to use any personal, technological, legal, or other means available to enforce the Terms at any time without liability and without the obligation to provide you with prior notice, including, but not limited to, preventing you from accessing the Services.
If your account is terminated by you or Copeoapp for any reason, these Terms continue to be enforceable between you and Copeo, and you will not be entitled to any refunds for any purchases made. Your information will be maintained and disposed of in accordance with our Privacy Policy.
10. NO CRIMINAL BACKGROUND OR IDENTITY CHECKS ARE CONDUCTED
Copeoapp does not conduct criminal background or identity checks on its users. Although Copeoapp strives to foster a respectful user experience, it is not responsible for the conduct of any user on or off the Service. Please use your best judgment when interacting with others and review our Safety Tips. YOU UNDERSTAND THAT COPEOAPP DOES NOT CONDUCT CRIMINAL OR IDENTITY BACKGROUND CHECKS ON ITS USERS OR OTHERWISE INVESTIGATE THE BACKGROUND OF ITS USERS. COPEOAPP MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE CONDUCT, IDENTITY, HEALTH, PHYSICAL CONDITION, INTENTIONS, LEGITIMACY, OR TRUTHFULNESS OF ITS USERS. COPEOAPP RESERVES THE RIGHT TO CONDUCT, AND YOU AUTHORIZE COPEOAPP TO CONDUCT, ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENING (SUCH AS SEX OFFENDER REGISTRY SEARCHES) AT ANY TIME USING AVAILABLE PUBLIC RECORDS, AND YOU AGREE THAT ANY INFORMATION YOU PROVIDE MAY BE USED FOR THAT PURPOSE. IF THE COMPANY CHOOSES TO CONDUCT ANY SCREENING THROUGH A CONSUMER REPORTING AGENCY, YOU HEREBY AUTHORIZE THE COMPANY TO OBTAIN AND USE A CONSUMER REPORT ON YOU TO DETERMINE YOUR ELIGIBILITY UNDER THESE TERMS. YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. WE CANNOT AND DO NOT GUARANTEE YOUR SAFETY, AND WE ARE NOT A SUBSTITUTE FOR FOLLOWING SAFETY TIPS AND OTHER SENSIBLE SAFETY PRECAUTIONS. ALWAYS USE YOUR BEST JUDGMENT AND TAKE APPROPRIATE SAFETY PRECAUTIONS WHEN COMMUNICATING WITH OR MEETING NEW PEOPLE. COMMUNICATIONS RECEIVED THROUGH THE SERVICE, INCLUDING PUSH NOTIFICATIONS SENT BY COPY, MAY RESULT FROM USERS MISUSE OF THE SERVICE FOR IMPROPER PURPOSES, INCLUDING FRAUD, ABUSE, HARASSMENT, OR OTHER IMPROPER BEHAVIOR.
While Copeoapp strives to foster a respectful user experience, it is not responsible for the conduct of any user on or off the Service. You agree to use caution in all interactions with other users, especially if you choose to communicate outside of the Service or meet in person.
11. DISCLAIMER
Copeoapp Services are provided “as is,” and we do not, and cannot, make any representations about the content or features of our Services or Member Content. COPEOAPP PROVIDES OUR SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, MAKES NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE WITH RESPECT TO OUR SERVICES (INCLUDING ALL CONTENT CONTAINED THEREIN), INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. COPEOAPP DOES NOT REPRESENT OR WARRANT THAT (A) OUR SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, (B) ANY DEFECTS OR ERRORS IN OUR SERVICES WILL BE DISCOVERED OR CORRECTED, OR (C) THAT ANY CONTENT OR INFORMATION YOU OBTAIN ON OR THROUGH OUR SERVICES WILL BE ACCURATE, COMPLETE, CURRENT, OR SUITABLE FOR YOUR PURPOSES. IN ADDITION, COPEOAPP MAKES NO WARRANTIES ABOUT THE NUMBER OF ACTIVE USERS AT ANY TIME; THE ABILITY OR WILLINGNESS OF USERS TO COMMUNICATE OR MEET YOU, OR THE ULTIMATE COMPATIBILITY WITH OR CONDUCT OF USERS YOU MEET THROUGH THE SERVICES.
COPEOAPP ASSUMES NO RESPONSIBILITY FOR ANY CONTENT THAT YOU OR ANY OTHER USER OR THIRD PARTY POST, SEND, RECEIVE, OR ACT ON THROUGH OUR SERVICES, NOR DOES COPEOAPP ASSUME ANY RESPONSIBILITY FOR THE IDENTITY, INTENTIONS, LEGITIMACY, OR TRUTHFULNESS OF ANY USER WITH WHOM YOU MAY COMMUNICATE THROUGH COPEO. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OUR SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK. COPEOAPP IS NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER HARDWARE, COMPUTER SOFTWARE, OR OTHER EQUIPMENT OR TECHNOLOGY, INCLUDING, BUT NOT LIMITED TO, DAMAGE FROM ANY BREACH OF SECURITY OR FROM ANY VIRUSES, BUGS, TAMPERING, HACKING, FRAUD, ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURES, OR ANY OTHER TECHNICAL DISRUPTION OR OTHER MALFUNCTION. 12. DIGITAL MILLENNIUM COPYRIGHT ACT
We take copyright infringement very seriously. We ask that you help us ensure we address it promptly and effectively.
Copeoapp has adopted the following policy toward copyright infringement in accordance with the Digital Millennium Copyright Act (the “DMCA”). If you believe that any Member Content or Our Content infringes your intellectual property rights, please submit a notification alleging such infringement (“DMCA Takedown Notice”) that includes the following:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works;
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, as well as information reasonably sufficient to permit the service provider to locate the material;
4. Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an email address;
5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
6. A statement that, under penalty of perjury, the information in the notification is accurate and that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Copeoapp will terminate the accounts of repeat offenders.
12.1 User-Generated Content (UGC)
When using Copeo, users can create and share content such as coplans, group descriptions, and messages between users. In order to ensure a safe, welcoming, and respectful environment, we apply a zero-tolerance policy toward any form of abuse, harassment, or inappropriate behavior.
12.1.1 Rules of Conduct and Acceptable Use
It is strictly prohibited to post, share, or promote content that:
• Contains offensive, vulgar, discriminatory, violent, or sexually explicit language.
• Violates the rights of third parties, including privacy, intellectual property, or other legal rights.
• Incites hatred, harassment, or physical or emotional harm to others.
• Promotes illegal or dangerous activities.
12.2.1 User Responsibility
The user is solely responsible for the content they generate or share within the app. Copeo is not responsible for content posted by third parties, but reserves the right to moderate or remove it in the event of non-compliance.
12.3.1 Moderation and Reporting
Copeo provides users with mechanisms to:
• Report inappropriate content directly from the application.
• Block other users or groups with whom they do not wish to interact.
All reported content will be reviewed by the moderation team within a maximum of 24 hours. If the content violates these conditions, it will be removed, and the user may be suspended or expelled from the platform without prior notice.
12.4.1 Consequences for Violating Rules
Violating these rules may result in:
• Partial or total deletion of the posted content.
• Temporary or permanent suspension of the user’s account.
• Blocking access to certain features or the entire service.
13. ADS AND THIRD-PARTY CONTENT
You may see advertisements and promotions from third parties on our Services. Copeoapp does not endorse and is not responsible for your interactions with those products or services.
Our Services may contain advertisements and promotions offered by third parties and links to other websites or resources. In addition, our Services may allow you to view an advertisement in exchange for Virtual Items; Copeoapp does not guarantee that you will always be eligible to view such advertisements, or that such advertisements will be available. Copeoapp may also provide non-commercial links or references to third parties within its content. Copeoapp is not responsible for the availability (or lack of availability) of any external website or resource or their content. Furthermore, Copeoapp is not responsible for, and does not endorse, any products or services that may be offered on third-party websites or resources. If you choose to interact with third parties available through our Services, that party’s terms will govern their relationship with you. Copeoapp is not responsible for, and assumes no liability for, the terms or actions of such third parties.
14. LIMITATION OF LIABILITY
Copeoapp’s liability is limited to the maximum extent permitted by applicable law.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL COPEO, ITS AFFILIATES, EMPLOYEES, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, PUNITIVE, FIXED, OR ENRICHED DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE DAMAGES, RESULTING FROM: (I) YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SERVICES, (II) THE CONDUCT OR CONTENT OF ANY USER OR THIRD PARTY ON OR THROUGH ANY OF OUR AFFILIATES’ SERVICES OR IN CONNECTION WITH THE SERVICES; OR (III) ANY UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR CONTENT, EVEN IF COPEOAPP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL COPEOAPP’S AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS RELATING TO THE SERVICES EXCEED THE GREATER OF (A) $100 USD OR (B) THE AMOUNT PAID, IF ANY, BY YOU TO COPEOAPP FOR THE SERVICES DURING THE TWENTY-FOUR (24) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE YOU FIRST BRING ANY LAWSUIT, ARBITRATION, OR ANY OTHER LEGAL PROCEEDING AGAINST COPEO, WHETHER STATUTORY, AT LAW, OR IN EQUITY, IN ANY COURT. THE LIMITATION OF DAMAGES SET FORTH IN THE IMMEDIATELY PRECEDING SENTENCE APPLIES (i) REGARDLESS OF THE BASIS ON WHICH LIABILITY IS BASED (WHETHER BREACH, CONTRACT, TORT, STATUTE, OR OTHERWISE), (ii) REGARDLESS OF THE TYPE OF INFRINGEMENT OF RIGHTS, PRIVILEGES, OR OBLIGATIONS, AND (iii) WITH RESPECT TO ALL EVENTS, THE SERVICE, AND THIS AGREEMENT.
THE LIMITATION OF LIABILITY PROVISIONS SET FORTH IN THIS SECTION 14 WILL APPLY EVEN IF YOUR REMEDIES UNDER THIS AGREEMENT FAIL OF THEIR ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.
15. DISPUTE RESOLUTION SECTION
In the unlikely event that we have a legal dispute, this is how the Parties agree to proceed, except where prohibited by applicable law.
Any subsection in this Dispute Resolution Section that is prohibited by law will not apply to users residing in that jurisdiction, including Subsections 15b, 15c, 15d, and 15e, which will not apply to users residing in the EU, EEA, the United Kingdom, or Switzerland. The European Commission’s online dispute resolution platform is available at http://ec.europa.eu/odr. Copeoapp does not participate in dispute resolution proceedings before a consumer arbitration body for users residing in the EU, EEA, the United Kingdom, or Switzerland.
15a. INFORMAL DISPUTE RESOLUTION PROCESS
If you are dissatisfied with our Services for any reason, please first contact Copeoapp Customer Service to attempt to resolve your concerns without outside assistance. If you choose to pursue a dispute, claim, or controversy against Copeo, these terms will apply. For the purposes of this Dispute Resolution Process and Arbitration Procedures set forth in Section 15, “Copeo” shall include our affiliates, employees, licensors, and service providers.
Copeoapp values its relationship with you and appreciates the mutual benefit obtained by informally resolving Disputes. A “Dispute” is any dispute, claim, or controversy between you and Copeoapp that arises out of or relates in any way to this Agreement (including any alleged breach of this Agreement), the Service, or our relationship with you. “Dispute,” as used in this Agreement, shall have the broadest possible meaning and shall include claims that arose before the existence of this or any prior agreement and claims that arise during the term of this Agreement or after the termination of this Agreement (unless this Agreement is superseded by a subsequent Agreement entered into by you and Copeo). If You have a Dispute with Copeoapp (“Your Dispute”), before formally pursuing Your Dispute in arbitration or small claims court, You agree to first send a detailed notice (“Notice”) to CT Corporation, 1209 Orange Street, City of Wilmington, County of New Castle, Delaware 19801, USA. If Copeoapp has a Dispute with you (“the Copeo Dispute”), Copeoapp agrees to first send a Notice to your most recent email address on file, or if no email address is on file, other contact information associated with your account. Your Notice must contain all of the following information: (1) your full name; (2) information that allows Copeoapp to identify your account, including an image or screenshot of your profile, your address, mobile phone number, email address, and the date of birth you used to register your account, if any; and (3) a detailed description of your Dispute, including the nature and factual basis for your claims and the relief you are seeking, with a corresponding calculation of alleged damages (if any). You must personally sign this Notice for it to be effective. The Copeoapp Dispute Notice must also set forth a detailed description of the Copeo Dispute, which will include the nature and factual basis for your claims and the relief you are seeking, with a corresponding calculation of our damages (if any). You and Copeoapp then agree to negotiate in good faith in an effort to resolve the Dispute. As part of these good faith negotiations, Copeoapp may request a conference call with you to discuss Your Dispute, and you agree to participate in person, with your attorney if you are represented by an attorney. Similarly, Copeoapp may request a conference call to discuss the Dispute with you, and Copeoapp agrees to have a representative participate. (For the avoidance of doubt, termination of your Copeo account, as set forth in Section 4 above, is not Copeoapp’s Dispute with you.) This informal process should lead to a resolution of the Dispute. However, if the Dispute is not resolved within 60 days of receipt of a fully completed Notice, and the Parties have not mutually agreed to an extension of this informal dispute resolution period, you or Copeoapp may initiate arbitration (subject to a Party’s right to choose small claims court as provided below). Completion of this informal dispute resolution process is a precondition to filing any arbitration claim or action in small claims court. Failure to comply with this condition constitutes a breach of this Agreement. The statute of limitations and any deadline for paying filing fees will be suspended while you and Copeoapp participate in this informal dispute resolution process. Unless prohibited by applicable law, the arbitration provider, National Arbitration and Mediation (“NAM”), will not accept or administer any arbitration claim and will administratively close any arbitration unless the party filing the arbitration claim can certify in writing that the terms and conditions of this informal dispute resolution process have been fully complied with. A court of competent jurisdiction will have the authority to enforce this provision and to bar any arbitration proceeding or action in small claims court accordingly. All offers, promises, conduct, and statements made in the course of the informal dispute resolution process by any party, its agents, employees, and attorneys are confidential and are not admissible for any purpose in any subsequent proceeding (except to the extent that it is necessary to certify in writing that the Party has complied with the requirements of this informal dispute resolution process prior to initiating a NAM arbitration), provided that evidence that is otherwise admissible or discoverable is not rendered inadmissible or non-discoverable.
15b. INDIVIDUAL RELIEF: CLASS ACTION AND JURY TRIAL WAIVER
CLASS ACTION AND JURY TRIAL WAIVER TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AND COPEOAPP WAIVE THE RIGHT TO A JURY TRIAL AND THE RIGHT TO LITIGATE DISPUTES IN COURT IN FAVOR OF INDIVIDUAL ARBITRATION (EXCEPT FOR SMALL CLAIMS COURT AS PROVIDED ABOVE). YOU AND COPEOAPP WAIVE THE RIGHT TO BRING OR PARTICIPATE IN A CLASS ACTION AGAINST THE OTHER OR TO SEEK RELIEF ON A CLASS BASIS, INCLUDING ANY ACTION CURRENTLY PENDING AGAINST COPEO. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THERE SHALL BE NO RIGHT OR AUTHORITY FOR CLAIMS TO BE ARBITRATED OR LITIGATED ON A CLASS, REPRESENTATIVE, CONSOLIDATED BASIS, OR IN THE NAME OF A PRIVATE ATTORNEY GENERAL. THE ARBITRATOR MAY AWARD THE SAME RELIEF AVAILABLE IN COURT PROVIDED THAT THE ARBITRATOR MAY ONLY AWARD FINAL RELIEF (INCLUDING INJUNCTIVE OR DECLARATORY RELIEF) IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE FINAL RELIEF JUSTIFIED BY THAT INDIVIDUAL PARTY’S CLAIM. THE ARBITRATOR MAY NOT AWARD FINAL RELIEF TO, AGAINST, OR ON BEHALF OF ANY PERSON WHO IS NOT A PARTY TO THE ARBITRATION ON A CLASS, REPRESENTATIVE BASIS, OR ON BEHALF OF A PRIVATE ATTORNEY GENERAL. IF A COURT DETERMINES THAT ANY OF THESE PROHIBITIONS IN THIS PARAGRAPH ARE UNENFORCEABLE WITH RESPECT TO A PARTICULAR CLAIM OR REQUEST FOR RELIEF (SUCH AS A REQUEST FOR PUBLIC INJUNCTIVE RELIEF), AND ALL APPEALS AGAINST THAT DECISION ARE UPHOLDERED AND THAT DECISION BECOMES FINAL, THEN YOU AND COPEOAPP AGREE THAT THAT PARTICULAR CLAIM OR REQUEST FOR RELIEF WILL PROCEED IN COURT BUT WILL BE SUSPENDED PENDING INDIVIDUAL ARBITRATION OF ANY REMAINING CLAIMS FOR RELIEF THAT YOU HAVE BROUGHT. IF THIS SPECIFIC PARAGRAPH IS FOUND UNENFORCEABLE, THEN THE ENTIRETY OF THIS ARBITRATION PROVISION (EXCEPT THE WAIVER OF JURY TRIAL AND THE INFORMAL DISPUTE RESOLUTION PROCESS) SHALL BE NULL AND VOID. THIS PARAGRAPH IS AN ESSENTIAL PART OF THIS ARBITRATION AGREEMENT.
15c. DISPUTE RESOLUTION THROUGH ARBITRATION OR SMALL CLAIMS COURT
Any Dispute (not resolved informally by Copeoapp Customer Service or as provided in subsection 15a above) shall be resolved exclusively through BINDING INDIVIDUAL ARBITRATION, except as specifically provided otherwise in this Dispute Resolution Section. Notwithstanding the foregoing, either you or Copeoapp may elect to have an individual claim heard in small claims court. If a request to proceed in small claims court is made after an arbitration has been initiated but before an arbitrator has been appointed, such arbitration will be administratively closed by the arbitration provider (e.g., NAM). Any dispute over the jurisdiction of the small claims court will be determined exclusively by that small claims court. No determination made by a small claims court shall have preclusive effect on any proceeding involving Copeoapp and any person other than you. In the event that such a small claims court specifically determines that it does not have jurisdiction to hear the Dispute, you and Copeoapp will arbitrate the Dispute under the terms of this Agreement. All other matters (except as otherwise provided herein) are solely for the Arbitrator to decide, including but not limited to the interpretation and enforceability of this Dispute Resolution Section and issues of arbitrariness, any request to proceed in small claims court made after an arbitrator has been appointed, and any dispute as to whether either Party is in default or breach of the Dispute Resolution Section or has explicitly or implicitly waived the right to arbitration. If either you or Copeoapp challenges the choice of small claims court in your Dispute, and a court of competent jurisdiction finds the choice of small claims court to be unenforceable, then that choice shall be severed from this Agreement as to your Dispute. However, such a court determination shall not be deemed or deemed binding or have preclusive effect with respect to any proceeding involving Copeoapp and any person other than you.
Any judicial proceeding to enforce this Dispute Resolution Section 15, including any proceeding to confirm, modify, or vacate an arbitration award, must be commenced in accordance with Section 17. In the event that this Dispute Resolution Section 15 is held to be unenforceable for any reason, any litigation against Copeoapp (except for actions in small claims court) may be commenced only in the federal or state courts located in Dallas County, Texas. You hereby irrevocably consent to the exercise of personal jurisdiction over you by such courts for such purposes and waive any claim that such courts constitute an inconvenient forum.
15d. INDIVIDUAL ARBITRATION AND MASS ARBITRATION PROTOCOLS
This subsection 15d applies to Disputes submitted to NAM after fully completing the informal dispute resolution process described in subsection 15a above and when no small claims court election is made by you or Copeo. Any arbitration between you and Copeoapp will be administered by NAM in accordance with NAM’s Comprehensive Dispute Resolution Rules and Procedures (the “NAM Rules”) in effect at the time any demand for arbitration is submitted to NAM, as modified by this Dispute Resolution Section 15. To obtain a copy of the NAM Rules, please visit https://www.namadr.com/resources/rules-fees-forms or contact NAM at NAM’s National Processing Center at 990 Stewart Avenue, 1st Floor, Garden City, NY 11530 or at commercial@namadr.com. If NAM is unable or unwilling to perform its obligations under this Agreement, the Parties will mutually agree on an alternative administrator to replace NAM and assume NAM’s role pursuant to this Agreement, and this Agreement will govern to the extent it conflicts with the arbitration provider’s rules. If the Parties cannot agree, they will file a petition with a court of competent jurisdiction to appoint an arbitration provider to assume NAM’s functions under this Agreement, and this Agreement will govern to the extent it conflicts with the arbitration provider’s rules.
The Parties agree that the following procedures will apply to any Arbitration initiated under this Dispute Resolution Section (subject to either Party’s choice of small claims court as described above):
1) Initiating an Arbitration: To initiate an arbitration, you or Copeoapp will submit to NAM a demand for arbitration (“Demand for Arbitration”) that details the claims and the request for relief, in accordance with the requirements of this Agreement and the NAM Rules. If you submit a Demand for Arbitration, you must also submit it to Copeoapp at CT Corporation, 1209 Orange Street, City of Wilmington, County of New Castle, Delaware 19801, USA, within 7 days of delivering the Demand for Arbitration to NAM. If Copeoapp submits a Demand for Arbitration, we will also send it to your mailing address on file in our system within the same 7-day period. If your mailing address is unavailable, we will send it to your email address on file in our system, or if no email address is on file, to other contact information associated with your account. The Arbitration Provider will not accept or administer any arbitration request and will administratively close any arbitration request that does not certify in writing that the Party meets the requirements of Dispute Resolution Section 15 or if either Party elects small claims court as set forth above. 2) Fees: Payment of NAM fees will be governed by the NAM Rules, except to the extent the case is part of a mass filing (as defined below) or NAM fees and costs (including arbitrator fees) paid by either Party are redistributed by order of the Arbitrator after a determination by the Arbitrator that (a) either Party has breached Section 15 of this Agreement, (b) such redistribution is contemplated by this Agreement, or (c) the redistribution is otherwise permitted under applicable law. Upon demonstrating to Copeoapp your financial hardship, we will consider a good faith request by you to pay your share of the applicable consumer portion of the filing fee. Copeoapp is committed to ensuring that arbitration costs for consumers do not serve as a barrier to the adjudication of disputes. If Copeoapp initiates arbitration against you, we will pay all NAM fees.3) The Arbitrator: The arbitration will be conducted by a single neutral arbitrator (the “Claims Arbitrator”), assisted by any Process Arbitrator appointed under the NAM Rules. (The term “Arbitrator” applies to both the Claims Arbitrator and the Process Arbitrator.) If either Party chooses a hearing, the Arbitrator will be in or near your location. The Arbitrator is bound by and must adhere to this Agreement. In the event the NAM Rules conflict with this Agreement, the terms of this Agreement will govern. If the Arbitrator determines that strict application of any term in Section 15 of this Agreement (except for the choice of small claims court, which will be determined by the small claims court) would result in a fundamentally unfair arbitration (the “Unfair Term”), then the Arbitrator shall have the authority to modify the Unfair Term to the extent necessary to ensure a fundamentally fair arbitration consistent with the Terms of Use (the “Modified Term”). In determining the content of a Modified Term, the Arbitrator shall select a term that most closely expresses the intent of the Unfair Term.
4) Dispositive Remedies: The Parties agree that the Claims Arbitrator shall have the authority to consider dispositive remedies without an oral evidentiary hearing. Dispositive remedies may be requested under the following circumstances: (a) within 30 days of the appointment of the Claims Arbitrator, a Party may request to file a dispositive remedy based on the allegations; and (b) no later than 30 days before the evidentiary hearing, a Party may request to file a motion for summary resolution based on the Parties’ allegations and the evidence presented.
5) Discovery: Each Party may (a) submit up to five requests for relevant, non-privileged documents from the other Party; and (b) request that the other Party provide verified responses to no more than five relevant interrogatories (including sub-questions). Unless both Parties agree otherwise, other forms of discovery (including depositions) may not be used. Any such request for discovery must be submitted to the other Party within 21 days of the appointment of the Claims Arbitrator. The responding Party shall provide the requesting Party with all relevant, non-privileged documents, the Party’s signed responses to the requested interrogatories, and/or any objections to the requests within 30 days of receiving the requests, or, in the case of an objection to any discovery request, 30 days after the Claims Arbitrator resolves the dispute. In the event that either Party requests that the Claims Arbitrator consider a dispositive remedy based on the allegations, the time limits for responding to the written discovery request shall be extended until 30 days after the Claims Arbitrator’s final decision on such dispositive remedy. If, after meeting and negotiating, the Parties are unable to agree on a discovery dispute or a request for an extension, such matter shall be promptly referred to the Claims Arbitrator for resolution. In deciding any discovery issue, the Claims Arbitrator will consider the nature, amount, and scope of the underlying arbitration claim, the cost and other effort involved in providing the requested discovery, the timeline of the case and the extent to which the requested discovery is necessary for the proper preparation of a claim or defense, and NAM’s goal of efficient and cost-effective resolutions. The burden of establishing good cause for any additional discovery rests with the requesting Party.
6) Confidentiality: At the request of either Party, the Arbitrator will issue an order requiring that confidential information of either Party disclosed during the arbitration (whether in documents or orally) may not be used or disclosed except in connection with the arbitration or a proceeding to enforce the arbitration award, and that any permissible filing of confidential information with the court be made under seal.
7) Arbitration Hearing: You and Copeoapp have the right to a fair evidentiary hearing (i.e., a trial) before the Claims Arbitrator. Arbitration proceedings are typically simpler, less costly, and more efficient than trials and other judicial processes. The Parties agree to waive all oral hearings and instead submit all disputes to the Claims Arbitrator for an award based on written submissions and other evidence as agreed upon by the Parties, unless a Party requests an oral hearing at least within 10 days after the Respondent files a response. If an oral evidentiary hearing is requested, both Parties must be personally present at the hearing, regardless of whether either Party has retained counsel. Both Parties must attend the hearing in person. Failure by either Party to attend the hearing in person, without an extension ordered by the Claims Arbitrator for good cause, will result in a default judgment against that Party. 8) Arbitration Award: Regardless of the format of the arbitration, the Claims Arbitrator will provide a reasoned, written decision within 30 days of the hearing or, if no hearing is held, within 30 days of the filing of any reply or supplementary statement. The decision must clearly specify the relief, if any, granted and contain a brief statement of the reasons for the award. The arbitration award is binding only between you and Copeoapp and will not have any preclusive effect on any other arbitration or proceeding involving a different Party. However, the Claims Arbitrator may choose to consider decisions from other arbitrations involving a different Party. The Arbitrator may award fees and costs as provided by the NAM Rules or to the extent such fees and costs could be awarded in a court of law. This includes, but is not limited to, the Arbitrator’s ability to award fees and costs if he or she determines that a claim or defense is frivolous or was brought for an improper purpose, for the purpose of harassment, or in bad faith.
9) Settlement Offer: Respondent may, but is not required to, make a written settlement offer to the opposing Party at any time before the evidentiary hearing or, if a final motion is permitted, before such motion is granted. The amount or terms of any settlement offer may not be disclosed to the Claims Arbitrator until after the arbitrator issues an award on the claim. If the award is issued in favor of the opposing Party and is less than Respondent’s settlement offer, or if the award is granted to Respondent, the opposing Party shall pay the costs incurred by Respondent after the offer is made, including attorneys’ fees. If any applicable statutory law or case law prohibits the shifting of costs incurred in the arbitration, then the offer in this provision will serve to stop the accrual of any costs to which the claimant may be entitled for the cause of action under which they are suing.
10) Bulk Submission: If, at any time, 25 or more similar arbitration demands are filed against Copeoapp or related parties by the same or coordinated legal counsel or entities (“Bulk Submission”), pursuant to the definition and criteria for Bulk Submissions set forth in NAM’s Bulk Submissions Supplemental Dispute Resolution Rules and Procedures (“NAM Bulk Submissions Rules,” available at https://www.namadr.com/resources/rules-fees-forms/), the additional protocols set forth below will apply.
(i) If you or your legal counsel submit a Demand for Arbitration that meets the definition of a Mass Submission above, then you agree that your Demand for Arbitration will be subject to the additional protocols set forth in this Mass Submission subsection. You also acknowledge that the adjudication of your Dispute may be delayed and that any applicable statute of limitations will be suspended from the time the first cases are selected to proceed until your case is selected for a pilot trial proceeding.
ii) NAM’s Bulk Submissions Rules will apply if your Dispute is considered by NAM, in its sole discretion pursuant to its Rules and this Dispute Resolution Section, to be part of a Bulk Submission. Such election of the NAM Bulk Submissions Rules and the related fee schedule must be made by you or Copeoapp in writing and submitted to NAM and all Parties.
Indicative Procedures. Indicative procedures are encouraged by courts and arbitration administrators when there are multiple disputes involving similar claims against the same or related parties. For the first set of indicative procedures, counsel for the Bulk Submission claimants (including you) and counsel for Copeoapp will each select 15 Arbitration Claims (30 total) to proceed, and no more than 30 arbitrations will be filed, prosecuted, adjudicated, or pending at that time, with each of the 30 individual arbitrations presided over by a different Claims Arbitrator. During this time, no other Demands for Arbitration that are part of the Mass Submissions may be filed, processed, adjudicated, or pending.
If the Parties are unable to resolve the remaining Demands for Arbitration after the first set of indicative proceedings have been arbitrated or otherwise resolved, then the Parties will continue to participate in the indicative proceedings for four (4) additional rounds, increasing the number of Demands for Arbitration selected by each Party’s counsel by five (5) in each round, so that during the second round, Plaintiffs’ counsel and Copeoapp’s counsel will each select 20 additional Demands for Arbitration (40 total), in the third round, 25 each (50 total), in the fourth round, 30 each (60 total), and in the fifth round, 35 each (70 total). Within each round, each individual arbitration will be presided over by a different Claims Arbitrator, and during these additional rounds of indicative proceedings, no other Arbitration Demands that are part of the Mass Submissions may be filed, prosecuted, or adjudicated once selected by the Procedural Arbitrator. After the first round of indicative proceedings, but before the second round of indicative proceedings, counsel for the Parties will participate in a global mediation before a retired federal or state court judge (unless otherwise agreed by the Parties), and Copeoapp will pay the mediator’s fees. After the second, third, fourth, and fifth rounds of indicative proceedings, counsel for both Parties shall discuss additional mediations and seek opportunities to resolve the remaining Arbitration Demands, but will only proceed with mediation with the consent of counsel for all Parties.
Indicative Proceedings. Indicative procedures are encouraged by courts and arbitration administrators when there are multiple disputes involving similar claims against the same or related parties. For the first set of indicative procedures, counsel for the Mass Submissions claimants (including you) and counsel for Copeoapp will each select 15 Arbitration Demands (30 total) to proceed with, and no more than those 30 arbitrations will be filed, prosecuted, adjudicated, or pending at that time, with each of the 30 individual arbitrations presided over by a different Claims Arbitrator. During this time, no other Arbitration Demands that are part of the Mass Submissions may be filed, prosecuted, adjudicated, or pending.
If the Parties are unable to resolve the remaining Arbitration Demands after the first set of indicative proceedings have been arbitrated or otherwise resolved, then the Parties shall continue to participate in the indicative proceedings for four (4) additional rounds, increasing the number of Arbitration Demands selected by each Party’s counsel by five (5) in each round, such that during the second round, Claimants’ counsel and Copeoapp’s counsel shall each select 20 additional Arbitration Demands (40 total), in the third round, 25 each (50 total), in the fourth round, 30 each (60 total), and in the fifth round, 35 each (70 total). Within each round, each individual arbitration will be presided over by a different Claims Arbitrator, and during these additional rounds of indicative proceedings, no other Arbitration Demands that are part of the Mass Submissions may be filed, prosecuted, or adjudicated once selected by the Procedural Arbitrator. After the first round of indicative proceedings, but before the second round of indicative proceedings, counsel for the Parties will participate in a global mediation before a retired federal or state court judge (unless otherwise agreed by the Parties), and Copeoapp will pay the mediator’s fees. After the second, third, fourth, and fifth rounds of indicative proceedings, counsel for both Parties shall discuss additional mediations and seek opportunities to resolve the remaining Arbitration Demands, but will only proceed with mediation with the consent of counsel for all Parties. If the Parties are unable to resolve the remaining Arbitration Demands after the fifth set of indicative proceedings have been arbitrated or otherwise resolved, and the Parties decide not to proceed with additional rounds of indicative proceedings, then Plaintiffs’ counsel and Copeoapp’s counsel will discuss with NAM a fair process for individually adjudicating the remaining Arbitration Demands. Under this process, the Procedural Arbitrator will make the final determination as to the number of Arbitration Demands that may proceed individually at any one time, as well as a method for selecting which Arbitration Demands will proceed, taking into account the number of individual arbitrations that Plaintiffs’ counsel and Copeoapp’s counsel can reasonably handle at one time, as well as the number of individual arbitrations that NAM can administer. An Arbitration Demand that was not included in the selection process will only be deemed filed, processed, or adjudicated once selected by the Procedural Arbitrator. At any time after the first Arbitration Demands are resolved (30 Arbitration Demands in total), the Parties may agree to waive indicative procedures for any additional Arbitration Demands considered part of the Mass Submissions. Fees associated with an Arbitration Demand included in the Mass Submissions, including fees owed by Copeoapp and Claimants (including you), will only be paid after the Arbitration Demand is elected to proceed as part of a set of indicative procedures, or after it is selected by the Procedural Arbitrator to proceed following the completion of the indicative procedures, and therefore properly designated for filing, processing, and adjudication. The Parties are encouraged to meet and confer throughout this process on ways to streamline the procedures, including discussing potential ways to increase the number of Arbitration Demands to be adjudicated in tiered indicative procedure sets. Either Party may negotiate with NAM to reduce and defer fees and simplify procedures. If you are a Mass Submissions claimant, any applicable statute of limitations (or other applicable limitations period) will be suspended upon initiation of the informal dispute resolution process set forth in Subsection 15a of the Agreement, and if Mass Submissions Arbitration Claims that are selected for the initial set of indicative proceedings have been submitted, your claims will remain suspended until your Arbitration Claim is selected by the Parties’ counsel in the indicative proceedings or selected by the Procedural Arbitrator after the completion of the indicative proceedings. A court of competent jurisdiction located in a location permitted under Section 17 of the Agreement will have the power to enforce this subsection.
iii) You and Copeoapp agree that we both value the integrity and efficiency of the arbitration and small claims court process and desire to employ the process for the fair resolution of genuine and sincere disputes between us. You and Copeoapp acknowledge and agree to act in good faith to ensure the fair resolution of genuine and sincere disputes. The Parties further agree that the application of these Mass Submissions procedures has been reasonably designed to result in the efficient and fair adjudication of such cases.
15e. FUTURE CHANGES AND RETROACTIVE APPLICATION
This Dispute Resolution Section 15 applies to all Disputes between the Parties, including any claims that arose against you or Copeoapp before your consent to this Agreement and any claims that arise against you or Copeoapp after your consent to this Agreement. Notwithstanding any provision in this Agreement to the contrary, you may opt out of the retroactive application of this Dispute Resolution Section 15 with respect to claims that arose against you or Copeoapp prior to your consent to this Agreement. You may opt out by sending us written notice, within 30 days of your consent to this Agreement, to the following email address: info@copeoapp.com. Please do not direct any customer support inquiries to info@copeoapp.com, as they will not be addressed; such inquiries should be directed to customer support. You must include sufficient information to identify your accounts, such as the email address or phone number associated with your accounts, and you must include a statement that you are opting out of the retroactive application of this Dispute Resolution Section 15. Please note: If you opt out of the retroactive application of this Dispute Resolution Section 15, you will still be subject to and bound by any Dispute Resolution Sections and Arbitration Procedures to which you previously agreed, including any arbitration provisions, class action waivers, and retroactive application sections. In addition, regardless of whether you opt out of the retroactive application of these changes, the Parties will resolve any claims arising against you or Copeoapp after your consent to this Agreement in accordance with this Dispute Resolution Section.
16. GOVERNING LAW
Texas law and the Federal Arbitration Act will apply to any Dispute (except where prohibited by law).
The laws of Texas, USA, without regard to its conflict of law rules, will explicitly apply to any Dispute arising out of or related to this Agreement or our Services, and the Dispute Resolution Process set forth in Section 15 will be governed by the Federal Arbitration Act. In the EU and EEA, the Texas choice of law will not apply only where a mandatory consumer protection law explicitly prohibits such choice of law provisions.
17. VENUE/FORUM SELECTION
To the maximum extent permitted by law, any claim that is not arbitrable for any reason must be litigated in Dallas County, Texas (except for claims brought in small claims court, or for users residing in the EU, EEA, UK, Switzerland, or any other jurisdiction where prohibited by law).
Except where prohibited by law, including users residing in the EU, EEA, UK, or Switzerland, who may bring claims in their country of residence in accordance with applicable law, and except for claims to be heard in small claims court as set forth in Section 15, any claim arising out of or related to this Agreement (including any challenge to the class action waiver provision in subsection 15b), our Services, or your relationship with Copeoapp that, for any reason, are not required to be arbitrated or brought in small claims court, will be litigated exclusively in the federal or state courts located in Dallas County, Texas, USA. You and Copeoapp agree to the exercise of personal jurisdiction in the courts of the State of Texas and waive any claim that such courts constitute an inconvenient forum. Principle of the form
18. INDEMNIFICATION BY YOU
You agree to indemnify Copeoapp if a claim is brought against Copeoapp due to your actions.
You agree, to the extent permitted by applicable law, to indemnify, defend, and hold harmless Copeo, our affiliates, and their respective officers, directors, agents, and employees, and our respective officers, directors, agents, and employees, from and against any complaints, demands, claims, damages, losses, costs, liabilities, and expenses, including attorneys’ fees, due to, arising from, or related in any way to your access to or use of our Services, your Content, your conduct toward other users, or your breach of this Agreement. SOME JURISDICTIONS DO NOT ALLOW INDEMNIFICATION, SO SOME OR ALL OF THIS SECTION MAY NOT APPLY TO YOU.
19. ACCEPTANCE OF TERMS
By using our Services, you agree to the Terms of this Agreement. By using our Services, whether through a mobile device, mobile application, or computer, you agree to be bound by (i) these Terms, which we may modify from time to time, (ii) our Privacy Policy and Cookie Policy, and (iii) any Additional Terms in the Purchase. If you do not accept and agree to be bound by all the terms of this Agreement, you do not have the right to use our Services. All pronouns and their variations will be deemed to refer to the masculine, feminine, neuter, singular, or plural, depending on the identity of the entities or persons referred to.
20. ENTIRE AGREEMENT
This Agreement supersedes any prior agreement or representation.
These Terms, together with the Privacy Policy and Cookie Policy, and any Additional Terms in the Purchase, contain the entire agreement between you and Copeoapp regarding the use of our Services. The Terms supersede all prior agreements, representations, and understandings between us, whether written or oral. If any provision of these Terms is deemed invalid, illegal, or otherwise unenforceable, the remainder of these Terms will continue in full force and effect. The Company’s failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
You agree that your Copeoapp account is non-transferable, and all of your rights to your account and its content terminate upon your death, unless otherwise provided by law. The rights and licenses granted hereunder may not be transferred or assigned by you, but may be assigned by us without restriction. No special agency, partnership, joint venture, fiduciary, or other relationship, or employment is created as a result of these Terms, and you may not make any representations on behalf of or bind Copeoapp in any way.
Your Right to Cancel: You may cancel your subscription, without penalty or obligation, at any time before midnight on the third business day following the date you subscribed.
In the event that you die before the end of your subscription period, your estate will be entitled to a refund of the portion of any payment you have made for your subscription that is allocable to the period following your death. If you become incapacitated (such that you are unable to use our Services) before the end of your subscription period, you will be entitled to a refund of the portion of any payment you have made for your subscription that is allocable to the period following your incapacitation by providing the Company with notice in the same manner as you request a refund, as described above in Section 8.
• If you wish to exercise your right to cancel, you can complete and submit the standard cancellation form located in the Appendix below. NOTE: If you purchased your subscription through Apple, the termination or cancellation must be submitted to Apple.
• Exception to the right to cancel: You cannot cancel an order that includes the delivery of digital content that is not delivered on physical media if order processing has begun with your prior express consent and acknowledgment that you waive your right to cancel. This applies, for example, to the purchase of Virtual Items. This means that these types of purchases are FINAL AND NON-REFUNDABLE AND NON-EXCHANGEABLE.
I hereby declare that I wish to exercise my right of withdrawal in relation to my purchase contract for the provision of the following services.
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