Cupix

Terms of Service

Last Updated, September 27, 2023

These Terms of Use (“Terms”) apply to your access to and use of the websites, mobile applications, and other online products and services (collectively, the “Services”) provided by INTERACTHUB PTE. LTD. (“Cupix” or “we”). By downloading, installing, accessing, posting to, interacting with, or using our Services, you agree to these Terms, including the mandatory arbitration provision and class action waiver, the Privacy Policy, and the Community Guidelines. If you do not agree to these Terms, the Privacy Policy, or the Community Guidelines, do not download, install, access, post to, interact with, or use our Services.

We may make changes to these Terms from time to time. If we make changes, we will provide you with notice of such changes by updating the date at the top of these Terms. Unless we say otherwise in our notice, the amended Terms will be effective immediately, and your continued use of our Services will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop using our Services.

If you have any questions about these Terms or our Services, please contact us at contact@cupixapp.com. 

1. Privacy

For information about how we collect, use, share, and otherwise process information about you, please see our Privacy Policy.

2. Eligibility

You are only permitted to establish an account, as well as access and utilize the Service or its underlying systems, provided the following terms are all met:

3. User Accounts and Account Security

You may need to register an account to access some of our Services. If you register an account, you must provide accurate account information and promptly update that information if it changes. You also must maintain the security of your account and promptly notify us if you discover or suspect that someone has accessed your account without your permission. As part of our security procedures, you must treat your account credentials as confidential, and you must not disclose your account credentials to any other person or entity. We reserve the right to reclaim usernames, including on behalf of businesses or individuals that hold legal claims, including trademark rights, in those usernames.

You shall not buy, sell, or transfer any aspect of your account (including your username). You agree that your account is not transferable, by operation of law or otherwise, and that in the event of your death, incapacity, or unavailability, we may terminate any rights to your account or User Content.

You can deactivate your account by notifying us and asking us to take measures to suspend the login and use of your account. In connection with such a request, we may require you to provide valid identifying information that is consistent with the registered identity information associated with your account. We have the right to refuse your request if such information is not provided.

We reserve the right to suspend, block, or terminate your account at any time, immediately and without notice if we believe activities associated with your account violate these Terms, the Community Guidelines, or otherwise pose a danger to Cupix, the Services, other users, or any third party. Further, if your account has not been used for more than six (6) months, we reserve the right to suspend, close, retrieve, or replace your account, or delete or de-identify all records associated with your account.

If you choose to deactivate your account, or your account is terminated by us, you will not be able to retrieve any content or information associated with your account. As such, we recommend that you separately save copies of any User Content or other information associated with your account that you wish to retain.

4. User Content

Our Services may allow you and other users to create, transmit, post, store, and share content, including messages, text, photos, videos, audio (including musical works and non-musical works), and other materials (collectively, “User Content”). Except for the license you grant below, you retain all rights in and to your User Content, as between you and Cupix.

You grant Cupix and its subsidiaries, affiliates, and service providers a perpetual, nonexclusive, royalty-free, worldwide, fully paid, transferable, and sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform, and display your User Content and any name, username, or likeness provided in connection with your User Content in all media formats and channels now known or later developed without compensation to you. When you post or otherwise share User Content on or through our Services, you understand that your User Content and any associated information (such as your username or profile photo) may be visible to others and may be subject to automated scanning to customize user experiences, including targeted advertising.

You may not create, post, store, or share any User Content that violates these Terms, the Community Guidelines, or for which you do not have all the rights necessary to grant us the license described above. You represent and warrant that your User Content, and our use of such Content as permitted by these Terms, will not violate any rights of or cause injury to any person or entity. Although we have no obligation to screen, edit, or monitor User Content, we may delete or remove User Content at any time and for any reason with or without notice.

Notwithstanding the foregoing, we cannot and do not control what people and others do or say, or the content they transmit or post, and do not undertake to review all User Content as it is transmitted or before it is posted on Cupix. Moreover, we cannot ensure the prompt removal of objectionable material as it is transmitted or after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party, even if you access them through the Services.

5. Prohibited Conduct and Content

You may not violate the Community Guidelines, any applicable law, contract, intellectual property right, or other third-party right, nor commit any tortious acts, and you are solely responsible for your conduct while using our Services. In particular, you will not:
You also may not post or otherwise share User Content that is confidential and/or that you do not have all necessary rights to disclose. You may not create, post, store, or share any User Content that:

6. Ownership; Limited License

The Services, including the text, graphics, images, photographs, videos, illustrations, software, functionality, and other content contained therein, are owned by Cupix or our licensors and are protected under both Singapore and foreign laws. Except as explicitly stated in these Terms, all rights in and to the Services are reserved by us or our licensors. Subject to your compliance with these Terms, you are hereby granted a limited, nonexclusive, nontransferable, non-sublicensable, revocable license to access and use our Services for your own personal, noncommercial use. Any use of the Services other than as specifically authorized herein, without our prior written permission, is strictly prohibited, will terminate the license granted herein, and will violate our intellectual property rights.

7. Community Rules

By using the Service, you agree that you will not:
Cupix reserves the right to investigate and/or terminate your account without a refund of any purchases if you have violated this Agreement, misused the Service, or behaved in a way that Cupix regards as inappropriate or unlawful, including actions or communications that occur on or off the Service. 

8. Trademarks

The distinctive logos, product or service names, slogans, and overall aesthetic of our Services are proprietary trademarks of Cupix and should not be replicated, simulated, or utilized wholly or partially without prior written consent from us. Trademarks, registered trademarks, product identification, company names, or logos connected to third parties mentioned in our Services are owned by their respective proprietors. Giving reference to any goods, services, procedures, or other details by their commercial name, trademark, manufacturer, provider, or otherwise does not imply that we sponsor, endorse, or recommend them.

9. Feedback

You have the liberty to willingly share with us any inquiries, responses, propositions, concepts, unique or inventive content, or any other details regarding Cupix or our Services (collectively known as "Feedback"). Please be aware that we hold the right to utilize such Feedback for any conceivable purpose, whether it's commercial or not, without providing you with acknowledgment or remuneration. This includes but is not limited to, using your feedback to develop, reproduce, publish, or enhance our services, all at the sole discretion of Cupix. It should be noted that Cupix may consider Feedback as non-confidential.

10. Repeat Infringer Policy; Copyright Complaints

You can report any infringement act on Cupix. If you believe we process it by mistake, we will provide you with an opportunity to appeal via email contact@cupixapp.com. We will always try our best to help resolve any issues that you may encounter with our service.

Also, please note that if you knowingly misrepresent that any activity or material on our Services is infringing, you may be liable for certain costs and damages.

11. Third-Party Content

We may provide information about third-party products, services, activities, or events, or we may allow third parties to make their content and information available on or through the Services (collectively, “Third-Party Content”). We provide Third-Party Content as a service to those interested in such content. Your dealings or correspondence with third parties and your use of or interaction with any Third-Party Content are solely between you and the third party. Cupix does not control or endorse and makes no representations or warranties regarding, any Third-Party Content, and your access to and use of such Third-Party Content is at your own risk.

12. Indemnification

To the fullest extent permitted by applicable law, you will indemnify, defend, and hold harmless Cupix, our parent companies, subsidiaries, licensors, service providers, and our and their affiliates, and each of our respective officers, directors, agents, partners, and employees (individually and collectively, the “Cupix Parties”) from and against any losses, liabilities, claims, demands, damages, expenses, or costs (“Claims”) arising out of or related to (a) your access to or use of the Services; (b) your User Content or Feedback; (c) your violation of these Terms or the Community Guidelines; (d) your violation, misappropriation, or infringement of any rights of another (including intellectual property rights or privacy rights); or (e) your conduct in connection with the Services. You agree to promptly notify Cupix Parties of any third-party Claims, cooperate with Cupix Parties in defending such Claims, and pay all fees, costs, and expenses associated with defending such Claims (including, but not limited to, attorneys' fees). You also agree that the Cupix Parties will have control of the defense or settlement, at Cupix's sole option, of any third-party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and Cupix or the other Cupix Parties.

13. Disclaimers

Cupix offers the Service on an "AS IS" and "AS AVAILABLE" basis, and within the boundaries set by applicable laws, does not provide any form of warranty, be it explicit, implied, statutory, or otherwise in relation to the Service (including all content included therein). This includes but is not limited to any implicit warranties of satisfactory quality, merchantability, suitability for a specific purpose, or non-infringement. Cupix neither pledges nor guarantees that: 
Cupix assumes no responsibility for any content that you, another member, or third party posts, transmits, or receives through the Service. Any material downloaded or otherwise accessed through the use of the Service is done so at your own discretion and risk.

14. Limitation of Liability

To the fullest extent permitted by applicable law, Cupix and the other Cupix Parties will not be liable to you under any theory of liability—whether based on contract, tort, negligence, strict liability, warranty, or otherwise—for any indirect, consequential, exemplary, incidental, punitive, or special damages, or lost profits, even if Cupix or the other Cupix Parties have been advised of the possibility of such damages. Without limiting the foregoing, and to the fullest extent permitted by applicable law, Cupix will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that may infect your computer, mobile device, equipment, computer programs, data, or other proprietary material due to your use of Cupix or the Services, or items obtained through Cupix or the Services, or due to your downloading of any material posted on Cupix or any website or application linked to it.

The total liability of Cupix and the other Cupix Parties for any claim arising out of or relating to these Terms or our Services, regardless of the form of the action, is limited to the greater of $100.00 or the amount paid by you to use our Services.

The limitations set forth in this Section 14 will not limit or exclude liability for the gross negligence, fraud, or intentional misconduct of Cupix or the other Cupix Parties, or for any other matters in which liability cannot be excluded or limited under applicable law. Additionally, some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.

15. Release

To the fullest extent permitted by applicable law, you release Cupix and the other Cupix Parties from responsibility, liability, claims, demands, and/or damages (actual and consequential) of every kind and nature, known and unknown (including, but not limited to, claims of negligence), arising out of or related to disputes between users and the acts or omissions of third parties.

16. Transfer and Processing of Data

Cupix is a global social app operating through servers located in a number of countries around the world, including the United States. In order for us to provide our Services, you agree that we may process, transfer, and store information about you on Amazon Web Services in the United States and other countries/areas, where you may not have the same rights and protections as you do under local law.

17. Dispute Resolution; Binding Arbitration

You're urged to examine the following section meticulously, as it requires you to arbitrate certain disagreements and claims with Cupix, and it restricts how you can demand redress from us unless you exclude yourself from arbitration by adhering to the instructions provided. This arbitration agreement does not permit class or representative actions or arbitrations. Furthermore, arbitration prevents you from filing a lawsuit in court or having a jury trial.

No Representative Proceedings. Cupix and you concur that any conflict arising from or related to these Terms or our Services is unique to you and to Cupix, and such conflict will be addressed solely through individual action, ruling out class arbitration, class action, or any variety of representative proceedings.

Arbitration Agreement. Excluding minor claim disputes where either you or Cupix wish to initiate an individual action in a small claims court located in your billing address county or conflicts where you or Cupix seek restraining or other equitable relief for the alleged unlawful exploitation of intellectual property, both parties renounce the right to a jury trial and to have any conflict emerging from or connected to these Terms or our Services settled in court. Instead, for any disagreement or claim against Cupix or associated in any way with the Services, you consent to first approach Cupix and attempt to settle the claim informally by emailing a written notice of your claim (“Notice”) to Cupix at contact@cupixapp.com. The Notice should include: 
The arbitration proceedings, judgments, and awards' confidentiality must be upheld by the arbitrator, Cupix, and you. This includes all information gathered, prepared, and presented for the purposes of arbitration or related to the disputes therein. The arbitrator possesses the power to administer appropriate rulings to protect confidentiality unless otherwise dictated by law. The arbitration will allow for the discovery or exchange of non-privileged information relevant to the dispute. The obligation of confidentiality does not apply if disclosure is essential to prepare for or conduct the arbitration hearing on the merits, in connection with a court application for preliminary remedy or in connection with a judicial challenge to an arbitration award or its enforcement, or when disclosure is otherwise mandated by law or judicial decision.

You and Cupix concur that if you initiate any arbitration, you will bear the filing fee. For any arbitration initiated by Cupix, Cupix will shoulder all costs. It's agreed by both Cupix and you that the Singapore International Arbitration Centre ("SIAC") holds exclusive jurisdiction over any appeals and the enforcement of an arbitration award.

Any claim stemming from or connected to these terms or our services must be filed within one year after the emergence of such claim; failing which, the claim will be forever barred, implying neither Cupix nor you will have the right to assert the claim.

You reserve the right to opt out of obligatory arbitration within 30 days of the date you initially accepted the terms of Section 17 by emailing contact@cupixapp.com. To be effective, the opt-out notice should include your complete name and address and clearly state your intent to opt out of binding arbitration. By opting out of binding arbitration, you consent to resolve disputes following Section 18.

If any part of this Section 16 is deemed unenforceable or illegal for any reason (a) the unenforceable or unlawful provision shall be severed from these Terms; (b) severance of the unenforceable or unlawful provision won't affect the rest of this Section 16 or the ability of the parties to compel arbitration of any remaining claims individually following this Section 16 and (c) claims that must proceed on a class, collective, consolidated, or representative basis must be litigated in an appropriate civil court and not in arbitration. The parties agree that litigation of those claims will be held off pending the outcome of any individual claims in arbitration. Moreover, if this Section 16 is found to prohibit an individual claim from seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought outside of arbitration, and the remainder of this Section 16 will be enforceable.

18. Legal Jurisdiction

This Agreement shall be governed by and construed in accordance with the laws of the Republic of Singapore, without regard to the choice of law principles. Any dispute, controversy, claim, or difference of any kind whatsoever arising out of or relating to these Terms of Service against or relating to Cupix or any Indemnified Party under these Terms of Service shall be referred to and finally resolved by arbitration in Singapore in accordance with the Arbitration Rules of the Singapore International Arbitration Centre (“SIAC Rules”) for the time being in force, which rules are deemed to be incorporated by reference in this Section. The language of the arbitration shall be English.

19. Modifying and Terminating our Services

We reserve the right to modify our Services or to suspend or stop providing all or portions of our Services at any time. You also have the right to stop using our Services at any time. We are not responsible for any loss or harm related to your inability to access or use our Services.

20. Purchases

There are no fees for the use of many aspects of the Services. However, some services, including Activate Accounts, VIP Purchases, Virtual Goods, and Virtual Gifts, may be available for purchase (“Paid Services”).

Stated prices may not include sales and use taxes. If they do not, you are responsible for the payment of such taxes related to your purchase. We have the right to charge you for any taxes that we are required to pay or in fact collect related to your purchase.

You represent and warrant that the information you provide about your Payment Instrument is complete and true and that you are authorized to use the Payment Instrument for each transaction that you request. By providing us or our Payment Processor with your Payment Instrument information, and authorizing a transaction through the Service, you authorize Cupix or our Payment Processor to charge your Payment Instrument for the full amount of the transaction (including any service fees) and to debit or credit your Payment Instrument as necessary to correct any errors.

If any of the information you provide us or our Payment Processor about your Payment Instrument becomes inaccurate, or your Payment Instrument expires, you will promptly update your account information with any changes to your Payment Instrument information (for example, a change in your billing address or credit card expiration date) that may occur. You agree to pay the amount that is specified in the payment plan you select in accordance with the terms of such plan and this Terms of Service.

Cupix may change the fees or benefits associated with the Paid Services from time to time with reasonable advance notice of material changes; provided, however, that no advance notice will be required for temporary promotions, including temporary reductions in the fees associated with the Paid Services.

You must follow and comply with the rules of the platform you participate in. Failure to do so may result in a temporary or permanent ban from Cupix or the removal of certain Virtual Goods. In such instances, you might lose the benefits of VIP services, Virtual Goods, or other services. There are no refunds.

Activate account and VIP Purchase

If you want to get more benefits, you may need to purchase an Activate Account fee and VIP Purchase fee to enjoy services. These purchases must be done through iTunes App Store or Google Play Store, which may be subject to a sales tax in your area. Note: you are responsible for reviewing the Terms of Service of your app store for details and the applicability of sales tax.

Activate Account fee and VIP Purchase fee purchases will be applied to your iTunes App Store or Google Play Store account at confirmation of purchase. You can cancel anytime with your iTunes App Store or Google Play Store account settings after purchase. No cancellation of the current purchase is allowed during the period of service effectiveness. Any unused portion of a free trial (if one is available) will be forfeited if you purchase an Activate Account fee or a VIP Purchase fee.

Virtual Currency

The Service may include an opportunity to obtain virtual currency ("Virtual Currency") or virtual goods ("Virtual Goods") that may require you to pay a fee using legal tender (that is, "real money") to obtain the Virtual Currency or Virtual Goods. Your purchase of Virtual Currency is final and is not refundable, exchangeable, or transferable, except at the Company’s or the platform provider’s sole discretion. You may not purchase, sell, or exchange Virtual Currency outside the Service. Doing so is a violation of the Terms and may result in the termination of your Account with the Service and/or legal action. The Company retains the right to modify, manage, control, and/or eliminate Virtual Currency and/or Virtual Goods at its sole discretion. Prices and availability of Virtual Goods are subject to change without notice. We shall have no liability to you or any third party for the exercise of such rights. You shall have limited, personal, non-transferable, non-sublicensable permission to use solely within the Service Virtual Goods and Virtual Currency that you have earned, purchased, or otherwise obtained in a manner authorized by the Company. You have no other right, title, or interest in or to any such Virtual Goods or Virtual Currency appearing or originating in the Service.

The purchase of any Virtual Currency must be made lawfully, via legitimate means with actual currency. Any Virtual Currency obtained illegally or fraudulently will result in suspension, freezing, or termination of the User account.

While using the Service and Virtual Currency, you may send Gifts to other Users, which may result in revenue to such recipient User’s account (the “Transfer”). The Transfer is made solely at your discretion. Once a Transfer is made, it cannot be undone and the Virtual Item cannot be withdrawn or refunded. The Company does not guarantee that the amount or virtual value of the Virtual Items you may give a User will correlate to the revenue such User may receive when they cash out.

21. Entire Agreement; Other

This Agreement encompasses the Privacy Policy, Cookie Policy, Safety Tips, Community Guidelines, and Arbitration Procedures (if applicable to you), along with any terms disclosed and agreed upon by you in case you purchase additional features, products, or services offered on the Service. This constitutes the complete agreement between you and Cupix regarding the utilization of the Service. If any component of this Agreement is deemed invalid, the rest of the Agreement shall persist with full force and effect. The inability of the Company to employ or impose any right or term of this Agreement does not imply a waiver of such right or provision. You concur that your Cupix account is not transferable, and all rights pertaining to your account and its Content expire upon your demise. No special relationship or employment such as an agency, partnership, joint venture, or fiduciary duty is created as a result of this Agreement, and you're not permitted to make any representations or commitments on behalf of Cupix.