Cupie
Terms of Service
These Terms of Service (the “Terms”) constitute a binding legal agreement between you and the operator of the Cupie mobile application (the “App”) and the website located at cupie.app together with its associated subdomains (collectively, the “Website,” and together with the App, the “Service”) (such operator being referred to herein as the “Company,” “we,” “us,” or “our”). By accessing, downloading, installing, registering for, or otherwise using the Service, by tapping “Continue” or any equivalent button on a consent screen presented within the App, or by starting or joining a call, you acknowledge that you have read, understood, and agree to be bound by these Terms and by our Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms, you must not use the Service.
Please read this carefully. The Service records and stores the audio of your calls, transcribes that audio, and sends it to third-party AI services to generate relationship Insights. By using the Service you consent to this recording, transcription, and analysis. These Terms also include an arbitration agreement and a class-action waiver (Section 16) and limitations on our liability (Sections 13 and 14) that affect your legal rights.
1. Eligibility and Age Requirement
You must be at least eighteen (18) years of age to create an account or otherwise use the Service. The Service is not directed to, and may not be used by, anyone under the age of eighteen. By using the Service, you represent and warrant that you are at least eighteen years of age, that you have the legal capacity to enter into these Terms, and that you are not barred from using the Service under the laws of any applicable jurisdiction. When prompted, you may be required to confirm your age and your agreement to these Terms before you can access certain features. We may suspend or terminate any account that we believe belongs to a person under the age of eighteen.
2. Your Account
To use most features of the Service you must create an account using a supported sign-in method. You agree to provide accurate information and to keep it current. You are responsible for all activity that occurs under your account and for maintaining the confidentiality and security of your sign-in credentials and device. You must notify us promptly of any unauthorized use of your account. We are not liable for any loss arising from your failure to safeguard your account.
3. Pairing With a Partner
The App is designed to be used by two individuals who pair together as a couple by means of a pairing code. When you pair, certain information relating to you — including your display name and the Insights derived from calls in which you participate — becomes accessible to your paired partner, and certain information relating to your partner becomes accessible to you. You are responsible for choosing whom you pair with. Either partner may end the pairing as described in the App.
4. Consent to Call Recording, Transcription, and AI Analysis
You acknowledge, understand, and expressly agree that, when you start or join a voice or video call through the App, the microphone audio of each participant is captured, recorded, and stored; that the recorded audio is transcribed into text by a third-party automated speech-to-text provider; and that the transcript, together with the participants’ first names, is submitted to a third-party artificial-intelligence provider in order to generate the Insights that the App presents to you. The video component of a video call is not recorded. This processing, including the third parties involved, is described in detail in our Privacy Policy.
Calls necessarily involve two participants. By starting or joining a call, each participant consents, on that participant’s own behalf, to the recording, transcription, and analysis described above, and acknowledges that the resulting Insights describe the shared conversation and are made available to both participants. You are solely responsible for ensuring that recording and analyzing the call is lawful in your jurisdiction and in your partner’s jurisdiction, including in jurisdictions where the consent of all parties to a communication is required by law. You agree not to record, transcribe, or analyze any conversation with a person who has not consented to it. You may avoid this processing entirely by not recording a call.
5. AI-Generated Insights and Content
The Insights and any other content produced by the Service are generated by automated language models and statistical analysis. They constitute inferences, characterizations, and entertainment, may be inaccurate, incomplete, or misleading, and are provided for informational and entertainment purposes only. They are not, and must not be relied upon as, professional advice of any kind, including legal, medical, psychological, financial, or relationship advice. You are solely responsible for any decision you make on the basis of the Insights. We make no representation that the Insights are accurate, reliable, or suitable for any particular purpose.
6. Acceptable Use
You agree not to use the Service to: harass, threaten, defame, abuse, or harm any person; record or analyze any person without their consent; upload or generate content that is unlawful, infringing, hateful, sexually exploitative, or otherwise objectionable; impersonate any person or misrepresent your affiliation; access the Service by automated means or interfere with, disrupt, probe, or attempt to gain unauthorized access to the Service or its underlying systems; reverse engineer, decompile, or disassemble any part of the Service except to the extent such restriction is prohibited by law; or use the Service in violation of any applicable law or regulation. We may investigate and take appropriate action, including suspending or terminating accounts, in response to any actual or suspected violation.
7. User Content
“User Content” means the content you provide to or generate through the Service, including your profile information, the audio of your calls, and the resulting transcripts. As between you and us, you retain ownership of your User Content. You grant us a worldwide, non-exclusive, royalty-free license to host, store, reproduce, process, transmit, and create derivative works from your User Content solely as necessary to operate, provide, secure, and improve the Service, including to generate and display Insights to you and your paired partner. You represent and warrant that you have all rights necessary to provide your User Content and to grant this license, and that your User Content does not violate these Terms or any third party’s rights.
8. Subscriptions, Billing, and Refunds
Certain features of the Service require a paid subscription. Subscriptions are sold and billed through the Apple App Store or Google Play (each, a “Store”), and your purchase is also subject to the applicable Store’s terms. Subscriptions renew automatically at the then-current price for the applicable period unless you cancel at least twenty-four (24) hours before the end of the current period. Your account will be charged for renewal within twenty-four hours before the end of the current period. You can manage and cancel your subscription in your Store account settings. Except where required by law or by the applicable Store’s policies, payments are non-refundable and we do not provide refunds or credits for partial periods. Refund requests are handled by the applicable Store.
9. Intellectual Property
The Service, including its software, design, text, graphics, logos, and all other materials other than User Content (collectively, the “Company Materials”), is owned by the Company or its licensors and is protected by intellectual property and other laws. Subject to your compliance with these Terms, we grant you a limited, personal, non-exclusive, non-transferable, revocable license to use the Service for your own personal, non-commercial purposes. We reserve all rights not expressly granted. You may not copy, modify, distribute, sell, or lease any part of the Company Materials.
10. Third-Party Services
The Service relies on, and may link to or interoperate with, third-party services, including the providers described in our Privacy Policy and the Stores through which the App is distributed. We are not responsible for third-party services, and your use of them may be subject to their own terms and policies.
11. Privacy
Our collection and use of your information is described in our Privacy Policy. By using the Service, you acknowledge that you have reviewed the Privacy Policy.
12. Termination
You may stop using the Service and delete your account at any time from within the App. We may suspend or terminate your access to the Service, in whole or in part, at any time and for any reason, including if we believe you have violated these Terms or to protect the Service or other users. Upon termination, the licenses granted to you under these Terms cease. Provisions that by their nature should survive termination — including Sections 5, 7, 9, and 13 through 17 — will survive.
13. Disclaimer of Warranties
To the maximum extent permitted by applicable law, the Service is provided “as is” and “as available,” without warranties of any kind, whether express, implied, or statutory, including any implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, and any warranties arising out of course of dealing or usage of trade. We do not warrant that the Service will be uninterrupted, secure, error-free, or free of harmful components, or that the Insights or any other content will be accurate or reliable. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.
14. Limitation of Liability
To the maximum extent permitted by applicable law, in no event will the Company or its officers, directors, employees, or service providers be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, data, goodwill, or other intangible losses, arising out of or in connection with the Service or these Terms, whether based on contract, tort, negligence, strict liability, or any other legal theory, and whether or not we have been advised of the possibility of such damages. To the maximum extent permitted by applicable law, our total aggregate liability arising out of or relating to the Service or these Terms will not exceed the greater of (a) the total amounts you paid to us for the Service in the twelve (12) months preceding the event giving rise to the claim, or (b) one hundred United States dollars (US$100). Some jurisdictions do not allow the limitation or exclusion of certain damages, so some of the above may not apply to you.
15. Indemnification
To the maximum extent permitted by applicable law, you agree to indemnify, defend, and hold harmless the Company and its officers, directors, employees, and service providers from and against any claims, liabilities, damages, losses, and expenses, including reasonable legal fees, arising out of or in any way connected with your User Content, your use of the Service, your violation of these Terms, your violation of any applicable law, or your violation of any right of a third party, including any claim arising from your recording, transcription, or analysis of a person without that person’s consent.
16. Governing Law and Dispute Resolution
These Terms, and any dispute arising out of or relating to these Terms or the Service, are governed by the laws of the State of California, United States of America, without regard to its conflict-of-laws principles. Before initiating any formal proceeding, you agree to first contact us at the address in Section 18 and to attempt in good faith to resolve the dispute informally for at least thirty (30) days.
Binding arbitration. To the maximum extent permitted by applicable law, any dispute that is not resolved informally will be resolved by binding individual arbitration rather than in court, except that either party may bring an individual claim in small-claims court. Class-action waiver: you and we each agree that disputes will be brought only in an individual capacity and not as a plaintiff or class member in any purported class, consolidated, or representative proceeding. To the extent applicable law does not permit a particular dispute to be arbitrated, that dispute will be resolved in the state or federal courts located in San Francisco, California, and you and we consent to the personal jurisdiction of those courts. Nothing in this Section limits any non-waivable rights you may have under the laws of your country of residence.
17. Apple and Google App Store Terms
If you obtained the App from the Apple App Store, you acknowledge that these Terms are between you and the Company only, and not with Apple, and that Apple is not responsible for the App or its content. Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you. Equivalent terms apply to the App obtained from Google Play with respect to Google. Your use of the App must comply with the applicable Store’s usage rules.
18. Changes to These Terms and Contact
We may modify these Terms from time to time. Where we make a material change, we will update the “Last updated” date above and, where appropriate, provide additional notice within the App. Your continued use of the Service after the effective date of any change constitutes your acceptance of the modified Terms. If you do not agree, you must stop using the Service.
If you have any questions about these Terms, contact us at:
Attention: Iman Modarressi
2261 Market Street, STE 35679
San Francisco, CA 94114, United States of America
Electronic mail: support@coupleai.link