Cupie
Terms of Service
These Terms of Service (the “Terms”) are a binding legal agreement between you and People Make Things, Inc. (“Company,” “we,” “us,” or “our”), the operator of the Cupie mobile application (the “App”) and cupie.app and its associated subdomains (together, the “Service”). By selecting the acceptance control presented during onboarding, or otherwise using the Service after these Terms have been made available to you, you agree to these Terms. Our Privacy Policy at https://cupie.app/privacy separately explains our collection, use, retention and disclosure of personal information, and you acknowledge that it has been made available to you. If you do not agree to these Terms, do not use the Service. Where law requires additional notice or consent, accepting these Terms does not replace it.
Please read carefully. Recording is enabled by default, but either participant can disable it in Settings for the whole shared call. When recording is enabled for both participants, Cupie records audio, transmits audio to a speech-to-text provider during the call for transcription, and sends transcripts and first names to an AI model provider to generate relationship Insights. Video is never recorded. Call audio and transcripts may also be used to develop our products and services, including products and services other than Cupie, as described in Section 7 and Privacy Policy Section 6.1. Turning recording off allows unrecorded calls but stops transcription and new audio-based Insights for those calls. These Terms include an arbitration agreement and class-action waiver (Section 16) and limitations of liability (Sections 13–14).
1. Eligibility and Age Requirement
You must be at least eighteen (18) years old to create an account or use the Service. It is not directed to, and may not be used by, anyone under 18. By accepting these Terms and making the age declaration in onboarding, you represent that you are at least 18, have legal capacity to enter into these Terms, and are not barred from using the Service under applicable law. You must not misrepresent your age or permit someone under 18 to use your account. We may suspend or terminate accounts we believe belong to under-18 users. Training eligibility is separately restricted to calls meeting Privacy Policy Section 6.1, including both participants being physically in the United States; a declaration or app-store rating does not itself establish all eligibility requirements.
2. Your Account
To use most features you must create an account using a supported sign-in method. Provide accurate information and keep it current. You are responsible for activity under your account and for safeguarding your sign-in credentials and device. Notify us promptly of unauthorized use. To the extent permitted by applicable law, we are not liable for loss arising from your failure to safeguard your account.
3. Pairing With a Partner
Cupie is designed for two people who pair as a couple using a pairing code. Your display name and Insights from recorded shared calls become available to your paired partner, and theirs to you. You are responsible for choosing whom you pair with. Either partner may end the pairing as described in the App. Either participant’s recording opt-out applies to the whole shared call, as described below.
4. Call Recording, Transcription, AI Analysis, and Your Choices
When recording is enabled for both participants, each participant’s microphone audio is automatically recorded and stored. Audio is transmitted to our speech-to-text provider in real time during the call for transcription. The transcript and participants’ first names are submitted to an AI model provider to generate relationship Insights. The providers currently used are listed in the Privacy Policy. Video is never recorded.
We disclose this processing through onboarding, these Terms and the Privacy Policy. There is no separate consent screen before every call. By accepting these Terms after these disclosures are made available and choosing to use calls with recording enabled, you expressly consent on your own behalf to the described recording, transcription and analysis. Each participant acts on their own behalf. Do not include someone in a recorded conversation without their knowledge and consent. These terms and user responsibilities do not replace our own obligations, including any additional notice or consent required before recording or transmitting audio under applicable law.
Either participant may disable recording in Settings. Doing so stops recording and transmission to our speech-to-text and AI model providers for the entire shared call. It does not prevent audio transport needed to connect an unrecorded call between participants. You may continue using unrecorded calls, but they are not transcribed, do not produce new audio-based Insights, and are not used for the purposes described in Privacy Policy Section 6.1. A change to this setting applies to calls that start after the change is made.
This setting currently also serves as the opt-out described in Privacy Policy Section 6.1. Turning recording off does not by itself delete stored records; account deletion and call-data deletion requests are described in the Privacy Policy.
5. AI-Generated Insights and Content
Insights and other AI-generated content are produced by models and statistical analysis. They are inferences and entertainment, may be inaccurate, incomplete or misleading, and are provided for informational and entertainment purposes only. They are not professional legal, medical, psychological, financial or relationship advice. You are responsible for decisions you make based on them. We do not represent that Insights are accurate, reliable or suitable for a particular purpose.
6. Acceptable Use
Do not use the Service to harass, threaten, defame, abuse or harm anyone; record or analyze someone without required consent; provide unlawful, infringing, hateful or sexually exploitative content; impersonate a person or misrepresent your affiliation or age; access the Service by unauthorized automated means; interfere with, disrupt, probe or attempt unauthorized access to systems; reverse engineer, decompile or disassemble the Service except where the restriction is prohibited by law; or otherwise violate applicable law or others’ rights. Do not evade age, location, recording-choice or training-exclusion controls. We may investigate and suspend or terminate accounts in response to actual or suspected violations.
7. User Content and Limited Cupie-Improvement License
“User Content” means content you provide or generate through Cupie, including profile information, recorded call audio and 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 as necessary to operate, provide, secure and improve the Service, including generating and displaying Insights to you and your paired partner. For recorded call audio and transcripts, this license also covers improving our products and services and developing new products, services and features, including developing, training, testing, evaluating and improving AI and machine-learning models, in each case as described in, and subject to, Privacy Policy Section 6.1.
That use of call audio and transcripts applies only to the calls described in Privacy Policy Section 6.1, and is subject to its United States, timing, notice and opt-out conditions. Acceptance of these Terms, continued use or leaving recording enabled is not, by itself, agreement to that use of calls made before the date stated in that Section.
We may allow contracted service providers to exercise these rights solely on our behalf, under confidentiality, security and use restrictions. Providers are not permitted to train their own models on your data. This license does not authorize us to sell your recordings or transcripts.
Your opt-out, retention and deletion choices under the Privacy Policy control over any broader wording of this license.
Opting out or deletion does not reverse development or training that has already been completed.
You represent that you have the rights needed to provide your own User Content and grant this limited license, and that doing so does not violate another person’s rights. You do not grant rights on behalf of another participant; each participant must receive the required disclosures and act on their own behalf.
8. Subscriptions, Billing, and Refunds
Certain features require a paid subscription. Subscriptions are sold and billed through the Apple App Store or Google Play (each, a “Store”), and purchases are also subject to the Store’s terms. Subscriptions renew automatically at the then-current price for the applicable period unless canceled at least 24 hours before the end of the current period. Your account will be charged for renewal within 24 hours before that period ends. Manage and cancel subscriptions in the relevant Store’s account settings. Except where law or Store policies require otherwise, payments are non-refundable and we do not provide refunds or credits for partial periods. Refund requests are handled by the applicable Store. Deleting a Cupie account does not necessarily cancel a Store-managed subscription; use the Store’s cancellation controls.
9. Intellectual Property
The Service, including software, design, text, graphics, logos and materials other than User Content (“Company Materials”), is owned by the Company or its licensors and protected by intellectual-property and other laws. Subject to your compliance with these Terms, we grant a limited, personal, non-exclusive, non-transferable, revocable license to use the Service for personal, non-commercial purposes. We reserve rights not expressly granted. You may not copy, modify, distribute, sell or lease Company Materials except as permitted by these Terms or applicable law. Our rights in Company Materials do not enlarge the license to your User Content or override privacy rights.
10. Third-Party Services
Cupie relies on the service providers described in the Privacy Policy and the Stores through which it is distributed. The Service may also link to independent third-party websites or services. Those independent services may have their own terms and privacy practices. Nothing in this Section removes our obligations concerning providers that process Cupie data on our behalf or authorizes independent model training on that data.
11. Privacy
Our collection, use, disclosure, retention and deletion of personal information are described in the Privacy Policy at https://cupie.app/privacy. You acknowledge that the Policy has been made available to you. The limits expressly referenced in Sections 4 and 7 restrict the rights granted under these Terms. Nothing in these Terms waives non-waivable privacy rights or replaces any consent required by applicable law.
12. Termination
You may stop using the Service and delete your account in the App. We may suspend or terminate access, in whole or in part, for a violation of these Terms, to protect the Service or users, or as otherwise permitted by law. On termination, your license to use the Service ends. Account deletion and data exclusions are handled as described in the Privacy Policy. Sections 5, 9 and 13–17 survive to the extent appropriate to their purpose and permitted by law. Section 7 survives only for its expressly permitted purposes, subject to all retention, deletion, training-choice and applicable-law limits; it is not an unrestricted perpetual right to retain or retrain on your recordings.
13. Disclaimer of Warranties
To the maximum extent permitted by applicable law, the Service is provided “as is” and “as available,” without express, implied or statutory warranties, including merchantability, fitness for a particular purpose, title, quiet enjoyment or non-infringement, or warranties arising from course of dealing, usage or trade. We do not warrant uninterrupted, secure, error-free or harmful-component-free operation, or the accuracy, reliability or suitability of Insights or other content. Some jurisdictions do not permit exclusion of particular warranties, so these exclusions apply only where permitted.
14. Limitation of Liability
To the maximum extent permitted by applicable law, neither the Company nor its officers, directors, employees or service providers will be liable for indirect, incidental, special, consequential, exemplary or punitive damages, or loss of profits, revenue, data, goodwill or other intangible losses, arising from the Service or these Terms under any legal theory, even if advised of the possibility. To the maximum extent permitted by law, our aggregate liability arising from the Service or these Terms will not exceed the greater of (a) amounts you paid us for the Service in the 12 months preceding the event giving rise to the claim or (b) US$100. These limits do not exclude or limit liability that applicable law does not permit us to exclude or limit.
15. Indemnification
To the maximum extent permitted by applicable law, you agree to defend, indemnify and hold harmless the Company and its officers, directors, employees and service providers against third-party claims, liabilities, losses and reasonable expenses, including attorneys’ fees, arising from your unlawful User Content, misuse of the Service, breach of these Terms or violation of applicable law or third-party rights, including recording another person without required consent. This provision does not shift our own non-waivable legal obligations to you.
16. Governing Law and Dispute Resolution
These Terms and disputes relating to them or the Service are governed by California law without regard to conflict-of-law principles, subject to mandatory protections that apply to you. Before initiating formal proceedings, contact us at the address in Section 18 and attempt in good faith to resolve the dispute informally for at least 30 days, except where applicable law permits otherwise.
Binding arbitration. To the maximum extent permitted by applicable law, unresolved disputes will be resolved by binding individual arbitration rather than in court, except that either party may bring an individual small-claims action. Class-action waiver: to the extent permitted by law, each party may bring claims only in an individual capacity, not as a plaintiff or class member in a class, consolidated or representative proceeding. Where applicable law does not permit arbitration, the dispute will be resolved in the state or federal courts located in San Francisco, California, and you and we consent to their personal jurisdiction. Nothing limits non-waivable rights or the ability to contact or cooperate with a regulator or exercise remedies that applicable law makes available notwithstanding this Section.
17. Apple and Google App Store Terms
If you obtained Cupie from Apple’s App Store, these Terms are between you and the Company, not Apple. Apple is not responsible for the App or its content. Apple and its subsidiaries are third-party beneficiaries and may enforce applicable provisions against you. Applicable Store terms also govern App distribution and your use of the Store. Your use of the App must comply with the relevant Store’s usage rules. These provisions do not eliminate rights or obligations required by law or the applicable Store terms.
18. Changes to These Terms and Contact
We may update these Terms. For material changes, we will provide advance notice in the App or by another appropriate means, explain the changes and obtain renewed assent where required by law. New uses of previously collected call data are not authorized merely by posting revised Terms or by your continued use. Section 7’s notice requirements for new calls and separate historical-data-consent conditions remain in force. If you do not agree to updated Terms, stop using the Service; your privacy rights and applicable deletion rights remain available.
People Make Things, Inc.
2261 Market Street, STE 35679
San Francisco, CA 94114, United States of America