Terms of use

TERMS OF USE

Please read these Terms carefully before using the Software as they define your rights and obligations in relation to using the Software and also contain the rules according to which you (“User”, “You”) are granted access to the Software.

In these Terms, the Software refers to the cupocoin.com website, app.cupocoin.com web application, mobile application, software interface(s), tools and functions designed to manage personal cryptocurrency assets on third-party trading platforms (crypto-exchanges) with which the User has entered into an agreement.

Access to the Software is provided by Cupo Corp Limited, a company registered under the laws of Colorado, USA (“CUPO,” “We,” “Copyright Holder”). A User is a person who visits, accesses or otherwise uses the Software.

By using the Software in any way, you represent and warrant that you:

  • have reached the age of 18;
  • have the right to be a party to these Terms in accordance with the laws of the country (region) of your residence;
  • have read these Terms and understand them;
  • accept these Terms and agree to be bound by them;
  • use the Software at your own discretion and risk.

If you are acting on behalf of a company, these Terms apply to the company you represent. You hereby represent that you have the authority to bind the company to these Terms and that you are acting with the knowledge of the company.

If you do not have the authority to act on behalf of the company, or if you do not agree with certain provisions of these Terms, you must refuse any use of the Software.

1. Usage

1.1. CUPO, its licensors and service providers own the exclusive and other intellectual rights to the Software and other intellectual property that is displayed, distributed or otherwise accessed through the Software, including trademarks, domain names, appearance and content.

1.2. You do not acquire rights to use trademarks, logos, domains, patents, or other intellectual property rights associated with the Software.

1.3. CUPO grants you a personal, non-exclusive and revocable license to use the Software worldwide, in accordance with these Terms, for the entire period of access to the Software or tools and features available through Subscription (if applicable). You may not sublicense or otherwise transfer your rights under a license to third parties.

1.4. You may use the Software only to manage personal cryptocurrency assets on third-party trading platforms (crypto-exchanges). You are prohibited from offering or distributing products and services related to the Software.

2. Changes to these Terms

2.1. We have the right, at our discretion, to change these Terms.

2.2. All changes and additions take effect from the moment they are posted on the cupocoin.com website. Regularly check the text of these Terms for changes and additions to keep up to date with the latest version.

2.3. We will notify you of the most significant changes in any way possible.

2.4. By continuing to use the Software after the publication of a new version of these Terms, you confirm your unconditional acceptance of them.

2.5. You may not change these Terms. If you disagree with any provision in these Terms, you must immediately stop using the Software.

3. Registration and account

3.1. To access the Software, you need to register an account. Registration is available in the web app or mobile app.

3.2. A user can only have one registered account.

3.3. To register an account, you enter your name, e-mail address (login), and must come up with a password.

3.4. The personal information that you provide when registering an account is processed in accordance with the Privacy Policy.

3.5. You are solely responsible for the safety of your username and password from your account, as well as the loss of any mobile or other device with access to your account.

3.6. You are solely responsible for the safety and security of your account data when using a public computer. You agree to ensure that you are logged out of your account at the end of each session in order to prevent unauthorized access to your account data.

3.7. You accept full responsibility for any activity in your account or on your device in relation to the Software or your account, including the misuse of your account. CUPO takes reasonable steps to protect your account from unauthorized access. You agree to promptly notify us of any unauthorized access or use of your account or any other breach of security. Otherwise, we will not be able to prevent such violations or take appropriate measures to protect your account.

4. Linking a crypto-exchange account on a trading platform

4.1. To link your crypto-exchange account on the trading platform to your User account, you need to generate public and private keys in your crypto-exchange account and specify them in your User account settings.

4.2. The list of trading platforms on which you can use the Software may be determined and changed at our discretion at any time and for any reason.

4.3. You agree not to link another individual’s crypto-exchange accounts to your User account, and also not to use the Software to manage crypto assets owned by third parties.

4.4. You can enable or disable notifications about trade operations, deposit / withdrawal of funds to / from the balance(s) of your account in your User account settings.

5. Instruments and Subscription

5.1. Using the Software, you get access to the following services and tools:

5.1.1. “Trading chart” – a set of tools and a visual display of the price range of the selected cryptocurrency.

5.1.2. “TradingView” is a built-in trading chart with analytical tools that allow you to link automated trading algorithms to one or more indicators in order to receive signals, open or close positions.

5.1.3. “Control Panel” is a set of tools for keeping track of your balance on various trading platforms and displaying the summarized balance in your User account.

5.1.4. “Auto Trading” is a set of tools for setting up, starting and stopping automatic trading algorithms that do not require human intervention or interaction.

5.1.5. “Profit Graph” – a view depicting the profitability of “Auto Trading” for the selected period of time.

5.1.6. “History” – the trading history of the associated crypto-exchange account.

5.1.7 “CUPO Interface” – refers to the user interface and documentation of the Software used to trade on third-party trading platforms, manage account balances, and use other functions of the Software.

5.2. “Auto Trading” tool can be only applied to a specific basic (main) currency which is used to buy or sell cryptocurrencies on a trading platform:

5.2.1. US dollar – for CUPO US Application (app.cupocoin.us);

5.2.2 USDT (Tether) – for CUPO Application (app.cupocoin.com).

5.3. To gain access to some components of the Software, you need to subscribe. To subscribe,  you must add a certain amount of US dollars (“Subscription fee”) to your Primary account. More detailed information on Subscriptions and their cost is available on the main page of the website https://cupo.ai.

5.4. If you choose several Subscription options (“Tariffs”), you can use the Software for an aggregated duration of your Subscription in total.

5.5. We will notify you 3 (three) days prior to when your Subscription expires.

5.5.1. If you do not replenish the Primary account to the minimum amount of the Subscription fee before your Subscription expires, “Auto Trading” tool will not be available to you anymore.

5.5.2. If you do not replenish the Primary account to the minimum amount of the Subscription fee during 3 (three) days after the Subscription has already expired, all open trading positions on your account will be closed and the Software will not be available to you anymore.

5.6. Provisions in clauses 5.4 and 5.5.1 shall apply unless otherwise provided by these Terms.

5.7. The Subscription Fee is charged immediately from your Primary account after you choose a Subscription option (“Tariff”). The Subscription Fee is not refundable under any circumstances. However, you can withdraw the funds from the Primary account that have not been used to pay for a Subscription. For more information check our Refund policy.

5.8. You can stop renewing your Subscription at any time. The Subscription will expire at the end of its term and the provisions of the clause 5.5.2 shall also apply. 

5.9. Autorenewal of Subscription

5.9.1. A User who has an active Subscription can anytime use an option “Autorenewal of Subscription”. To activate this option, a User should visit the section “Subscription/Autorenewal of Subscription”, choose one of the available Tariffs and click “Activate”. When the active Subscription expires your funds will be automatically charged from your Primary account and the selected Tariff will come into effect.

5.9.2. When choosing a Tariff for autorenewal you can enable bonus payments in accordance with the clauses 6.6 and 6.7 of these Terms.

5.9.3. Autorenewal of Subscription is active until a User disables it in the section “Subscription/Autorenewal of Subscription”, except for the case described in the clause 5.9.5 of these Terms.

5.9.4. We will notify you 3 (three) days prior to when your Subscription expires. If you do not have enough funds on your Primary account and/or bonuses to renew your Subscription, before your Subscription expires you should replenish the Primary account to the amount of cost of your Tariff for which autorenewal is activated. Otherwise “Auto Trading” tool will not be available to you anymore.

5.9.5. If you do not have enough funds on your Primary account and/or bonuses to renew your Subscription, Autorenewal of Subscription will be automatically disabled. As soon as you have enough funds on your Primary account and/or bonuses, you can activate Autorenewal of Subscription again.

6. Affiliate Program and bonuses

6.1. You have the right to become a participant of the Affiliate Program (“Partner”) by attracting active Users of the Software (“Referrals)”. Users (1st and 2nd level Referrals; see 6.2) are considered active if they have registered an account and purchased and paid for a Subscription following the referral link.

6.2. A Partner is a User who has attracted at least one Referral to the Software through a referral link. Level 1 Referrals are Users who are attracted to the Software through the Partner’s referral link. Level 2 Referrals are Users who are attracted to the Software through the referral link of the Level 1 Referral.

6.3. If you are a Partner, you are paid 20% of the Subscription Fee received by CUPO from the 1st level Referrals, and 10% of the Subscription Fee received by CUPO from the 2nd level Referrals. The reward is credited to your Referral account in US dollars.

6.4 You have the right to transfer funds from your Referral account to the Primary account to pay for the Subscription or to withdraw these funds as the unused balance from your Primary account.

6.5. CUPO may change the terms of the Affiliate Program from time to time at its own discretion. All information about the terms is available at the following link https://cupo.ai/affiliate-program/

6.6. When using the Software, CUPO bonuses may be awarded in accordance with the rules, which are determined at the discretion of CUPO. Bonuses can be used to pay Subscription fees until the value of the bonus is spent. If there’s not enough bonuses left, both bonuses and the funds on the Primary account are used to pay Subscription fees (or the funds only if the number of bonuses you have is 0). Bonuses are listed in a separate account from the Primary and Referral accounts.

6.7. If you wish to pay for a Subscription with bonuses, you have to check the box “Use bonuses” when choosing a Subscription option (“Tariff”).

7. Access to the Software

7.1. CUPO is not responsible for the devices, equipment and Internet connection you have to access and use the Software. You are solely responsible for all associated costs associated with using the Software over the Internet and any issues caused by connectivity problems or network latency.

7.2. The Software can be accessed from a computer or mobile device. The Software may not support certain types of devices.

7.3. The Software may use the resources of your device, including processor, memory, and network connection. You agree to monitor the status of your device, the use of your device’s resources and agree to use the Software on your device at your own risk.

7.4. CUPO is constantly developing the Software. This means that we may change, update and/or remove all or some features of the Software. The operation of the Software may be hindered or interrupted due to technical work, troubleshooting, updates and other circumstances beyond our reasonable control (for example, due to Internet failures, decisions and actions of authorities, natural phenomena, etc.).

7.5. We have the right at any time and for any reason:

7.5.1 terminate the operation of the Software in whole or in part (including disabling certain functions and discontinuing support for certain devices and platforms);

7.5.2 temporarily or permanently restrict access to the Software for any User or region.

8. Limitations and restrictions

8.1. You hereby agree to use the Software only in ways that are provided by the user functionality and interface and are consistent with the purpose of the Software. You acknowledge that you may use your account to access the Software, including tools and features, solely for the purpose of managing your personal cryptocurrency assets in your trading platform accounts.

8.2. You agree to respect the intellectual property rights of CUPO and other copyright holders.

8.3. You hereby agree not to use the Software in the following ways:

8.3.1 reproduce, create, transfer or distribute copies of the Software in any form (including loading “frames” or creating “mirrors” of the Software and its components, or otherwise reproducing, reverse engineering, or distributing them in any way);

8.3.2 modify, sublicense, adapt, decompile, disassemble, decrypt, conduct engineering analysis, perform other actions with the source code and other elements of the Software, including compiled files;

8.3.3. create other works using the Software or its components;

8.3.4. impersonate another person when registering an account, provide inaccurate, inaccurate or incomplete data about yourself, as well as represent a legal entity without proper authority;

8.3.5. use the Software for trading on platforms, access to which is prohibited or restricted for you;

8.3.6. use bots, automated data collection tools, malware or any other tools designed to exploit and/or discover security vulnerabilities when interacting with the Software;

8.3.7. prevent other Users from using the Software;

8.3.8. interfere with the operation of the Software in any way, including gaining unauthorized access to databases, undermining the security and integrity of network data transfer protocols, or compromising the security system of the Software;

8.3.9. use the Software in violation of any national or international regulation;

8.3.10. use the Software in other ways not expressly permitted by these Terms.

9. Warranty disclaimer

9.1. We make no warranty of any kind, either express or implied, in relation to the use of the Software. Access to the Software is provided ‘as is’, ‘with all defects’. We do not guarantee or warrant (1) the safe, error-free or uninterrupted operation of the Software; (2) that the Software meets your goals and expectations; (3) elimination of any obvious or latent defects in the Software; (4) reliability and validity of the results of using the Software; (5) the absence of viruses and other harmful components in the Software; (6) the quality and performance of the Software, the suitability of the Software for a specific purpose and its safety for your devices; (7) non-infringement; (8) the continued or temporary availability of the Software for specific trading platforms

9.2. Any of our intentions, promises or recommendations do not and will not create any guarantees or warranties.

9.3. You independently bear all risks associated with the safety of using the Software for your mobile and other devices, including the risks of breakage, malware infection or data loss / leakage.

9.4. You assume any risks associated with your use of the Software to the maximum extent permitted by applicable law.

9.5. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES. THIS MEANS THAT THE ABOVE EXCLUSIONS MAY NOT APPLY PERSONALLY TO YOU.

10. Third-party services

10.1. A third party service by TradingView Ltd. is integrated with the Software – a built-in chart with instruments from the website https://www.tradingview.com.

10.2. TradingView Ltd. does not provide any advice or consulting related to the use or trading of cryptocurrencies, and does not act as a broker, investment or financial advisor. Availability and use of “TradingView” in the Software does not represent financial or investment advice or guidance. Your use of the aforementioned service provider’s tools and services available through the Software is at your own risk.

10.3. We are not responsible for the operation of TradingView Ltd.’s tools and services provided with the Software. By using these tools and services, you enter into a direct relationship with TradingView Ltd., which is governed by TradingView Ltd.’s Terms of Service.

11. Payment processing and tax obligations

11.1. All payments associated with the use of the Software are processed by a third-party service provider PayPal https://www.paypal.com/

11.2. We are not responsible for the work of third-party service providers, including the inability to process payments due to errors or failures in payment systems.

11.3. Third party service providers may charge fees for processing payments as well as apply their own exchange rates. We are not responsible for these fees and exchange rates and suggest that you read all relevant information on the official websites of service providers.

11.4. You are solely responsible for paying taxes on the amount of remuneration received as a result of participation in the Affiliate Program. We are not obliged to verify whether you have obligations to pay taxes in the country of your residence or registration, and we are not obligated to act as a tax agent. Please carefully read the tax laws of your country before participating in the Affiliate Program.

11.5. You bear all the risks associated with providing inaccurate or incomplete information necessary to replenish your account balance or withdraw funds.

12. Termination of relationship

12.1. We may permanently terminate your access to the Software and terminate your account for any reason. We will notify you of the termination of access to the Software and the deletion of your account no later than 7 days in advance.

12.2. If you have violated these Terms, we may immediately terminate your account without prior notice.

12.3. You may at any time refuse to use the Software and request the deletion of your account by email. We will delete your account within 7 days provided that: (1) there is no unresolved discrepancy or dispute between you and us; (2) you have unlinked the crypto-exchange accounts from your User account and closed all open orders.

12.4. As an additional method, you may be able to automatically delete your account (this option is still under development, so CUPO does not guarantee its operation). To do this, you need to close all active orders, then open the account menu and click the “Delete account” button. After that, you will be prompted to enter the confirmation code for the request to delete your account in a special window. A confirmation code will be sent to you by email, which is specified in your account. After you enter the confirmation code, your account will be automatically deleted.

12.5. Deletion of your account will mean: (1) revocation of the license and termination of your use of the Software; (2) deletion of all data in your account, with the exception of information that we are required to keep for a certain period of time in accordance with applicable law or other regulation.

12.6. Termination of your rights to use the Software does not affect the validity of other provisions provided for in sections 1, 8-11, 13-18 of these Terms. These sections continue to operate after the termination of these Terms.

13. DISCLAIMER

13.1. CUPO ONLY PROVIDES THE SOFTWARE. CUPO DOES NOT GIVE FINANCIAL, INVESTMENT, LEGAL, TAX OR OTHER PROFESSIONAL ADVICE. CUPO IS NOT A BROKER, FINANCIAL ADVISOR, INVESTMENT ADVISOR, PORTFOLIO MANAGER OR TAX ADVISOR. NOTHING IN THE SOFTWARE REPRESENTS AN OFFER OF ANY CURRENCY OR ANY FINANCIAL INSTRUMENTS OR INVESTMENT ADVICE OR INVESTMENT RECOMMENDATIONS. YOU ACKNOWLEDGE AND AGREE THAT CUPO IS NOT RESPONSIBLE FOR YOUR USE OF ANY INFORMATION YOU RECEIVE IN THE SOFTWARE. YOUR DECISIONS MADE ABOUT THE PRODUCTS OR SERVICES IN THE SOFTWARE, OR YOUR INTERPRETATION OF THE DATA DISCOVERED IN THE SOFTWARE, ARE YOUR OWN FOR WHICH YOU HAVE FULL RESPONSIBILITY. YOU HEREBY CONSENT THAT YOUR USE OF THE SOFTWARE IS AT YOUR SOLE RISK.

13.2. CUPO TAKES STEPS TO ENSURE THE ACCURACY OF THE INFORMATION PROVIDED IN THE SOFTWARE, ALTHOUGH IT DOES NOT ASSUME ANY RESPONSIBILITY FOR ANY INACCURATE OR MISLEADING INFORMATION. NOTHING IN THE SOFTWARE IS INTENDED FOR THE SPECIFIC BETTERMENT OF AN INDIVIDUAL OR GROUP OF PERSONS. CUPO DOES NOT EXPRESS ANY OPINION AS TO THE POSSIBLE OR EXPECTED VALUE OF ANY CURRENCY OR FINANCIAL INSTRUMENT. THE SOFTWARE CONTENT MAY NOT BE USED AS A BASIS FOR ANY FINANCIAL OR OTHER PRODUCT WITHOUT CUPO’S EXPRESS PRIOR WRITTEN AGREEMENT.

13.3. CERTAIN SOFTWARE CONTENT ARE PROVIDED BY INDEPENDENT THIRD PARTY SERVICE PROVIDERS. CUPO DOES NOT VERIFY SUCH CONTENT FOR COMPLETENESS, ACCURACY OR RELIABILITY, AND DOES NOT GUARANTEE  THE ACCURACY, COMPLETENESS, RELIABILITY OR ANY OTHER PROPERTY OF THE CONTENT. THE PERFORMANCE OF THE SOFTWARE IS DIRECTLY ASSOCIATED WITH THE PERFORMANCE OF THE INDEPENDENT THIRD PARTY SERVICES. CUPO ASSUMES NO RESPONSIBILITY FOR MALFUNCTIONS OR ERRORS IN THE SOFTWARE CAUSED BY THE INOPERABILITY OF AN INDEPENDENT THIRD PARTY SERVICE OR HOSTING PROVIDER.

13.4. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU COULD LOSE YOUR FUNDS IN PART OR IN FULL. CRYPTOCURRENCIES ARE A NEW AND INSUFFICIENTLY PROVEN TECHNOLOGY. IN ADDITION TO THE RISKS SPECIFIED IN THIS SECTION, THERE ARE OTHER RISKS IN YOUR USE OF THE SOFTWARE, THE PURCHASE, STORAGE AND USE OF CRYPTOCURRENCIES, INCLUDING SUCH RISKS THAT CUPO IS NOT ABLE TO PREVENT. FURTHER RISKS COULD MATERIALIZE INTO AN UNEXPECTED VARIATION OR COMBINATION OF RISKS REFERRED TO IN THIS SECTION.

14. Limitation of liability

14.1. To the fullest extent permitted by applicable law, we, including our shareholders, directors, officials, employees, partners, agents, and representatives are not liable to you or any third parties for any consequences and any damages (including direct,  indirect, consequential, punitive, incidental, special damages and profit losses), relating to, arising out of, or in any way in connection with these Terms or usage of the Software or inability to use the Software and its components because of errors and failures, actions by third parties, and for any other reason, including (but not limited to) (1) termination of relationship between you and us; (2) interruptions and delays in data transmission when using the Software; (3) updating the Software. We, including our shareholders, directors, officials, employees, partners, agents, and representatives are not liable to you or any other third parties under any theory of liability (including negligence), even if we have been informed of the possibility of such consequences and damages.

14.2. Our aggregate liability associated with the Software or these Terms must not exceed $ 100 or the amount of the Subscription Fee paid by you in the last 6 months prior to filing a claim.

14.3. Your sole remedy for any claim related to the use of the Software is to discontinue your further use of the Software.

14.4. To the extent that is not prohibited by applicable law, we are not responsible for harm to life and health, regardless of the theory of liability (including negligence).

15. Indemnification and reimbursement

15.1. We are not responsible for the actions of our Users and are not obliged to control them.

15.2. You reimburse and indemnify us, our shareholders, directors, officials, employees, partners, agents, and representatives from any costs arising out of claims, obligations, cause of action, damages, legal fees and expenses in case of claims and demands against us or third parties which result from or arise out of any your act or omission in connection with these Terms or the Software, including infringement of these Terms, third party rights or any national or international regulation. 

15.3. You waive any rights you may have under applicable law, statute or regulation which says that a general release does not extend to the claims:

  • that you (as an indemnifying party) do not know or suspect to exist in your favour at the time of executing the indemnity; and
  • that if known by you would have materially affected the settlement between you (as an indemnifying party) and us (as an indemnified party).

15.4. This section shall not apply if applicable law does not permit it.

16. CLASS WAIVER

THIS SECTION ONLY APPLIES TO UNITED STATES OR CANADA RESIDENTS.

PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

YOU AND US AGREE TO RESOLVE ANY DISPUTE IN AN INDIVIDUAL CAPACITY. HEREBY YOU WAIVE YOUR RIGHTS TO RESOLVE DISPUTES BETWEEN YOU AND US ON BEHALF OF, OR AS A PART OF, ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING.

This Class Action Waiver section shall survive any termination of relationship between you and us.

17. Applicable law and jurisdiction

These Terms are governed and construed in accordance with the laws of the State of Colorado, USA, without reference to its conflict of laws provisions, and all the disputes between you and CUPO shall be resolved in accordance with such laws. All disputes between you and CUPO will be resolved by courts of competent jurisdiction located in the state of Colorado, USA, and you hereby consent to the jurisdiction of courts of the state of Colorado, USA.

18. General

18.1. The Privacy Policy and the Refund Policy are integral parts of these terms and conditions and together with them form the whole agreement for use of the Software.

18.2. If a competent court finds any provision of these Terms unlawful, void, or unenforceable, such provision shall not apply and affect the validity and enforceability of the remaining provisions which shall continue to be in full force and effect.

18.3. If we do not enforce or fail to enforce any provisions of these Terms for any reason, this shall not be a waiver and shall not prevent us from enforcing that provision or any other provision of these Terms.

18.4. Our Terms are written in English. Any translated version is provided solely for your convenience. To the extent any translated version of these Terms conflicts with the English version, the original version in English shall prevail.

18.5. We may assign or transfer all or some of our rights and obligations under these Terms to a third party and therefore transfer information about users to the assignee, transferee or successor of our business. In the event of such an assignment or transfer, these Terms will continue to govern your relationship with such third parties. 

You confirm your consent to an assignment or transfer by continuing to use the Software after having been notified of the assignment or transfer.

18.6. You may not sublicense, assign or transfer your rights and obligations under these Terms.

18.7. Nothing in these Terms makes the Copyright Holder or the User an agent, sponsor, guarantor or representative of each other, including as a joint venture or partners.

18.8. You get access to our free customer support services. You can contact customer support if (1) you have any questions related to the Software or these Terms; (2) you find errors or failures in the operation of the Software; or (3) you want to report a violation or illegal actions of third parties in relation to the Software or its Users. Contacts of customer support are indicated in section 19.

19. Copyright Holder

Company: Cupo Corp limited 

Address: 141 Union Blvd Ste 101 Lakewood CO 80228-1837 US

Registration number: 14141616

Email: support@cupo.ai