Terms of Service

Last Updated: May 3, 2025

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you and kupe AI ("we," "our," or "us") governing your access to and use of the kupe AI website at https://www.kupeai.com (the "Site") and our autonomous marketing platform services (collectively, the "Services").

By accessing or using our Services, you agree to be bound by these Terms. If you disagree with any part of the Terms, then you may not access the Services.

2. Eligibility

The Services are intended for users who are at least 18 years old. By using the Services, you represent and warrant that:

  • You are at least 18 years old
  • You have the legal capacity to enter into these Terms
  • You will comply with these Terms and all applicable local, state, national, and international laws, rules, and regulations

If you are using the Services on behalf of a business, you represent and warrant that you have the authority to bind that business to these Terms, and your agreement to these Terms will be treated as the agreement of the business. In that case, "you" and "your" in these Terms refer to both you individually and the business.

3. Account Registration and Security

To access certain features of the Services, you may be required to register for an account. When you register for an account, you agree to provide accurate, current, and complete information about yourself and to update this information to maintain its accuracy.

You are responsible for:

  • Maintaining the confidentiality of your account credentials
  • All activities that occur under your account
  • Notifying us immediately of any unauthorized use of your account or other security breaches

We reserve the right to suspend or terminate your account if any information provided during the registration process or thereafter proves to be inaccurate, false, or misleading.

4. Beta Access and Services

During our early access and beta periods, our Services may be provided on a limited, invitation-only basis. We reserve the right to:

  • Limit access to the Services at our discretion
  • Change, modify, or discontinue features of the beta Services without notice
  • Convert free beta services to paid services upon official launch

Beta features are provided "as is" without warranty of any kind, and we do not guarantee the availability, performance, or continued access to these features.

5. Intellectual Property Rights

5.1 Our Intellectual Property

The Services and their entire contents, features, and functionality (including but not limited to all information, software, text, graphics, logos, images, and designs) are owned by kupe AI, its licensors, or other providers of such material and are protected by copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms do not grant you any rights to use our trademarks, logos, domain names, or other brand features.

5.2 License to Use the Services

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Services for your personal or internal business purposes.

5.3 Restrictions on Use

You may not:

  • Copy, modify, create derivative works, reverse engineer, decompile, or disassemble the Services or any part thereof
  • Access the Services to build a similar or competitive website, product, or service
  • License, sell, rent, lease, transfer, assign, distribute, or commercially exploit the Services in any way
  • Use the Services in any way that violates any applicable law or regulation
  • Use the Services to transmit any malware, spyware, or other harmful code
  • Interfere with or disrupt the Services or servers or networks connected to the Services

6. Third-Party Platforms and Integrations

Our Services integrate with various third-party platforms (such as Google Ads, Meta, LinkedIn, etc.). By connecting these platforms to our Services, you:

  • Authorize us to access and interact with your accounts on these platforms in accordance with their terms of service
  • Agree to comply with the terms of service of these third-party platforms
  • Acknowledge that we are not responsible for the availability, accuracy, or practices of these third-party platforms

Your relationship with these third-party platforms is governed solely by your agreements with them. We do not endorse and are not responsible for the content, policies, or practices of any third-party platforms.

7. User Content

"User Content" refers to any information, data, or material that you submit, upload, or otherwise make available through the Services, including but not limited to marketing materials, ad creatives, audience data, and campaign settings.

7.1 License to User Content

By providing User Content to the Services, you grant us a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, modify, adapt, publish, translate, and distribute such User Content in connection with providing the Services to you.

7.2 Representations Regarding User Content

You represent and warrant that:

  • You own or have the necessary rights to use and authorize us to use your User Content
  • Your User Content does not violate any third party's intellectual property or privacy rights
  • Your User Content complies with these Terms and all applicable laws and regulations

7.3 Prohibited Content

You agree not to submit User Content that:

  • Is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable
  • Promotes illegal activities or conduct
  • Infringes upon any third party's intellectual property or privacy rights
  • Contains software viruses or any other computer code designed to interfere with the functionality of the Services
  • Constitutes unauthorized or unsolicited advertising, promotional materials, spam, or any other form of solicitation

We reserve the right, but not the obligation, to monitor, edit, or remove any User Content at our sole discretion.

8. Fees and Payment

While the early access or beta version of our Services may be offered for free, we may introduce fees for certain features or the full version of our Services in the future.

8.1 Subscription and Billing

If you subscribe to a paid tier of our Services:

  • You agree to pay all fees associated with your subscription
  • Payment must be made using the payment methods we support
  • Subscription fees are charged on a recurring basis (monthly, annually, or as otherwise specified)
  • We may change our fees at any time with reasonable notice

8.2 Cancellation and Refunds

You may cancel your subscription at any time. Cancellation will take effect at the end of your current billing cycle. Unless required by law, we do not provide refunds for unused portions of your subscription period.

9. Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

WE DO NOT WARRANT THAT:

  • THE SERVICES WILL MEET YOUR REQUIREMENTS
  • THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE
  • THE RESULTS OF USING THE SERVICES WILL BE ACCURATE OR RELIABLE
  • THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM US OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL KUPE AI, ITS AFFILIATES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

  • YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES
  • ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES
  • ANY CONTENT OBTAINED FROM THE SERVICES
  • UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS RELATING TO THE SERVICES EXCEED THE AMOUNT PAID BY YOU TO KUPE AI DURING THE TWELVE (12) MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE LIABILITY, OR ONE HUNDRED DOLLARS ($100) IF NO SUCH PAYMENT HAS BEEN MADE.

11. Indemnification

You agree to defend, indemnify, and hold harmless kupe AI, its affiliates, and their respective officers, directors, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney's fees) arising from:

  • Your use of and access to the Services
  • Your violation of any term of these Terms
  • Your violation of any third-party right, including without limitation any intellectual property or privacy right
  • Any claim that your User Content caused damage to a third party

This defense and indemnification obligation will survive these Terms and your use of the Services.

12. Governing Law and Dispute Resolution

These Terms shall be governed by the laws of Denmark, without regard to its conflict of law provisions.

Any dispute arising from or relating to these Terms or the Services shall first be attempted to be resolved through informal negotiations. If the dispute cannot be resolved through informal negotiations, it shall be submitted to binding arbitration in accordance with the rules of the Danish Institute of Arbitration in Copenhagen, Denmark.

The arbitration proceedings shall be conducted in the English language by a single arbitrator. The decision of the arbitrator shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

13. Changes to Terms

We reserve the right to modify these Terms at any time. If we make material changes to these Terms, we will notify you by email or by posting a notice on our Site prior to the changes becoming effective. Your continued use of the Services after any such changes constitutes your acceptance of the new Terms.

It is your responsibility to review these Terms periodically for changes. If you do not agree to any of the changes to these Terms, you must stop using the Services.

14. Termination

We may terminate or suspend your account and access to the Services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms.

Upon termination, your right to use the Services will immediately cease. If you wish to terminate your account, you may simply discontinue using the Services or contact us at support@kupeai.com.

All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

15. General Provisions

15.1 Entire Agreement

These Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference herein, constitute the entire agreement between you and kupe AI concerning the Services and supersede all prior or contemporaneous communications, whether electronic, oral, or written.

15.2 Waiver and Severability

The failure of kupe AI to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.

15.3 Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without kupe AI's prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null and void. kupe AI may freely assign or transfer these Terms without restriction.

15.4 Force Majeure

kupe AI shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond kupe AI's reasonable control, including, without limitation, mechanical, electronic, or communications failure or degradation.