Terms of Use

Last updated February 26th, 2023

Agreement to terms

These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Cupio ApS (“Cupio”, “we”, “us” or “our”), concerning your access to and use of the https://www.cupio.nu websites as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”).

You agree that by accessing this Site, you have read, understood, and agree to be bound by all of these Terms of Use. If you do not agree with all of these Terms of Use, then you are expressly prohibited from using this Site and you must discontinue use immediately.

Supplemental terms and conditions or documents that may be posted on this Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason.

We will alert you about any changes by updating the “Last updated” date of these Terms of Use, and you waive any right to receive specific notice of each such change.

It is your responsibility to periodically review these Terms of Use to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of this Site after the date such revised Terms of Use are posted.

The information provided on this Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country.

Accordingly, those persons who choose to access this Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

Privacy policy

We care about data privacy and security. Please review our Privacy Policy: https://www.cupio.app/privacy-policy. By using this Site, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Use. Please be advised this Site is hosted in EU/EEA.

If you access this Site from the United States, Asia, or any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in EU/EAA, then through your continued use of this Site, you are transferring your data to EU/EEA, and you expressly consent to have your data transferred to and processed in EU/EEA.

Further, we do not knowingly solicit data from or market to children under 13 years of age. By using this Site, you represent that you are at least 13 or that you are the parent or guardian of such a minor and consent to such minor dependent’s use of this Site. If we learn that personal information from users less than 13 years of age has been collected, we will deactivate the account and take reasonable measures to promptly delete such data from our records. If you become aware of any data we have collected from children under age 13, please contact us at legal@cupio.nu.

The service

We do not sell any products. You cannot make a purchase this Site. We are a search and comparison engine that aims to find the best deal for you. Once you identify the best priced provider or best deal for you, we link you through to our partner sites to complete your purchase directly on their website(s).

Accuracy of information

Product specifications and other information have either been made accessible by suppliers, manufacturers, merchants, publications, publicists; or been gathered from public-domain sources. The intention of Cupio is that all information on the website should be as accurate and up-to-date as possible. However, Cupio cannot guarantee the reliability or the accuracy of the information contained within its pages.

We urge our users to conduct their own research prior to purchasing from the stores listed on our service to ensure the accuracy of the prices. All the actions taken by the user of the website are the responsibility of the individual. Cupio cannot make any guarantees that any information is correct or be held liable for any actions taken based on the product and pricing information provided.

Relationship with merchants

Merchants listed on the Cupio Site are independent third parties and Cupio is not acting as a principal, agent or broker with respect to any advertisers. Your relationship with any merchant you contact through this Site is solely between You and the merchant. You agree not to hold Cupio liable for any loss or damage of any sort incurred as the result of any business conducted with our merchants or as the result of the content provided by such merchants through this Site.

If you want to report an error or have any questions please contact: hello@cupio.app

Payment

There is no charge payable to Cupio for use of this Site during the continuance of these Terms and Conditions. Cupio shall have no responsibility for transmission of funds due to any third party provider or distributor with whom you may elect to deal. You shall be responsible for transmitting all payments due on the terms agreed with any third party provider or distributor.

Content

In the event of Cupio enabling you to add content to this Site in the form of reviews, contests or other features, Cupio shall be entitled, at its absolute discretion, to publish, edit, refuse, or delete content provided to it. Cupio will not permit the publishing of content that may be illegal under applicable law.

Usage

You agree to use this Site only for lawful purposes. You may only use this Site as a general guide to make price comparisons for your own private use and shall not use this Site for any other purposes. You may download, display and print one copy of the material presented on this Site for your personal, non-commercial use only.

Except as expressly provided, nothing within this Site shall be construed as conferring any license under our or any third party’s intellectual property rights, whether by estoppel, implication, waiver, or otherwise. Without limiting the generality of the foregoing, you acknowledge and agree that all content available through and used to operate this Site and its services is protected by copyright, trademark, patent, or other proprietary rights of Cupio and its affiliates, licensors, and service providers. Your agree that your data, content, and any information provided or used on this Site, as well as your use of our Site, products and services will not:

(a) modify, alter, or deface any of the trademarks, service marks, trade dress (collectively “Trademarks”) or other intellectual property made available by us in connection with this Site or otherwise infringe or facilitate infringement of any copyright, patent, trademark, trade secret, or other proprietary, publicity, or privacy rights (collectively “Rights”) of any party, including the Rights of third-parties;

(b) hold yourself out as in any way sponsored by, affiliated with, or endorsed by us, or any of our affiliates or service providers;

(c) use any of the Trademarks or other content accessible through this Site for any purpose other than the purpose for which we have made it available to you;

(d) defame or disparage us, our Trademarks, or any aspect of this Site;

(e) post or transmit any content that is unlawful, threatening, indecent, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law;

(f) adapt, translate, modify, decompile, disassemble, or reverse engineer this Site or any software or programs used in connection with it or its Products and Services;

(g) contain or promote any viruses, Trojan horses, worms, time bombs or other computer programming or code that is designed or intended to damage, destroy, intercept, download, interfere, manipulate, or otherwise interrupt or expropriate this Site, data, personal information, software, equipment, servers or content or facilitate or promote hacking or similar conduct;

(h) access or attempt to access the non-public areas of this Site or any other user’s password-protected information;

(i) impersonate any person or entity or otherwise falsely state or misrepresent your affiliation with a person or entity; and

(j) restrict or inhibit any other user from using or enjoying this Site (or any linked site).

Framing, linking etc.

The use of content on any other web site or networked computers is prohibited. Links to this Site without Cupio’s express written permission are strictly prohibited. The framing, mirroring, scraping or data mining of this Site or any of any conduct by you that in our sole discretion restricts or inhibits any other user from using or enjoying this Site (or any linked site) will not be permitted.

Monitoring site usage

We may elect to electronically monitor areas of this Site and may disclose any content, records, or electronic communication of any kind (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate this Site; or (iii) to protect our rights or property or the rights of the users, sponsors, providers, licensors, or merchants.

Account maintenance

By using this Site, you represent that you will be responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You also agree to be responsible for any and all activities that occur under your password or your account. You agree to immediately notify us of any unauthorized use of your password or account or any other breach of security.

(i) you have the legal capacity to agree to these terms and use of this Site;

(ii) you are using your actual identity;

(iii) you have provided only true, accurate, current and complete information; and

(iv) you will maintain and promptly update the information that you provide to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we may suspend or terminate your account and refuse any and all current and future use of this Site.

User registration

You may be required to register with this Site. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, offensive or otherwise objectionable.

Should you in any way fail to comply with these Terms of Use and Conditions, we reserve the full right to remove and reclaim your user account from this Site. Any such judgement and decision (as determined by us) will be at our sole discretion.

User generated contributions

This Site may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on this Site, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, “Contributions”).

Contributions may be viewable by other users of this Site and through third-party websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:

1. the creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.

2. you are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, this Site, and other users of this Site to use your Contributions in any manner contemplated by this Site and these Terms of Use.

3. you have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by this Site and these Terms of Use.

4. your Contributions are not false, inaccurate, or misleading.

5. your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.

6. your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).

7. your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.

8. your Contributions do not advocate the violent overthrow of any government or incite, encourage, or threaten physical harm against another.

9. your Contributions do not violate any applicable law, regulation, or rule.

10. your Contributions do not violate the privacy or publicity rights of any third party.

11. your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner.

12. your Contributions do not violate any federal or state law concerning child pornography, or otherwise intended to protect the health or well-being of minors;

13. your Contributions do not include any offensive comments that are connected to religion, race, gender, national origin, culture, age, marital status, sexual orientation, or disability;

14. your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms of Use, or any applicable law or regulation.

Any use of this Site in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use this Site.

Contribution license

By posting your Contributions to any part of this Site [or making Contributions accessible to this Site by linking your account from this Site to any of your social networking accounts], you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.

This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.

We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on this Site.

You are solely responsible for your Contributions to this Site and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.

We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to re-categorize any Contributions to place them in more appropriate locations on this Site; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.

Guidelines for reviews

We may provide you areas on this Site to leave reviews or ratings. When posting a review, you must comply with the following criteria:

1.you should have firsthand experience with the person/entity being reviewed;

2. your reviews should not contain offensive profanity, or abusive, racist, offensive, or hate language;

3. your reviews should not contain discriminatory references based on religion, race, gender, national origin, culture, age, marital status, sexual orientation, or disability;

4. your reviews should not contain references to illegal activity;

5. you should not be affiliated with competitors if posting negative reviews;

6. you should not make any conclusions as to the legality of conduct;

7. you may not post any false or misleading statements;

8. you may not organize a campaign encouraging others to post reviews, whether positive or negative.

We may accept, reject, or remove reviews in our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us, and do not necessarily represent our opinions or the views of any of our affiliates or partners. We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant to us a perpetual, nonexclusive, worldwide, royalty-free, fully-paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to reviews.

Mobile application license

Use License

If you access this Site via a mobile application, then we grant you a revocable, nonexclusive, non-transferable, limited right to install and use the mobile application on wireless electronic devices owned or controlled by you, and to access and use the mobile application on such devices strictly in accordance with the terms and conditions of this mobile application license contained in these Terms of Use.

You shall not:

1. decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the application;

2. make any modification, adaptation, improvement, enhancement, translation, or derivative work from the application;

3. violate any applicable laws, rules, or regulations in connection with your access or use of the application;

4. remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the application;

5. use the application for any revenue generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended;

6. make the application available over a network or other environment permitting access or use by multiple devices or users at the same time;

7. use the application for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the application;

8. use the application to send automated queries to any website or to send any unsolicited commercial e-mail;

9. use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the application.

Use License

If you access this Site via a mobile application, then we grant you a revocable, nonexclusive, non-transferable, limited right to install and use the mobile application on wireless electronic devices owned or controlled by you, and to access and use the mobile application on such devices strictly in accordance with the terms and conditions of this mobile application license contained in these Terms of Use.

Apple and Android devices

The following terms apply when you use a mobile application obtained from either the Apple Store or Google Play (each an “App Distributor”) to access this Site:

1. the license granted to you for our mobile application is limited to a non-transferable license to use the application on a device that utilizes the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s terms of service;

2. we are responsible for providing any maintenance and support services with respect to the mobile application as specified in the terms and conditions of this mobile application license contained in these Terms of Use or as otherwise required under applicable law, and you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the mobile application;

3. in the event of any failure of the mobile application to conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the mobile application, and to the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever with respect to the mobile application;

4. you represent and warrant that (i) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country and (ii) you are not listed on any U.S. government list of prohibited or restricted parties;

5. you must comply with applicable third-party terms of agreement when using the mobile application, e.g., if you have a VoIP application, then you must not be in violation of their wireless data service agreement when using the mobile application;

6. you acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and conditions in this mobile application license contained in these Terms of Use, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in this mobile application license contained in these Terms of Use against you as a third-party beneficiary thereof.

Social media

As part of the functionality of this Site, you may link your account with online accounts you have with third-party service providers (each such account, a “Third-Party Account”) by either: (1) providing your Third-Party Account login information through this Site; or (2) allowing us to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account.

You represent and warrant that you are entitled to disclose your Third-Party Account login information to us and/or grant us access to your Third-Party Account, without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account, and without obligating us to pay any fees or making us subject to any usage limitations imposed by the third-party service provider of the Third-Party Account.

By granting us access to any Third-Party Accounts, you understand that (1) we may access, make available, and store (if applicable) any content that you have provided to and stored in your Third-Party Account (the “Social Network Content”) so that it is available on and through this Site via your account, including without limitation any friend lists and (2) we may submit to and receive from your Third-Party Account additional information to the extent you are notified when you link your account with the Third-Party Account.

Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your account on this Site.

Please note that if a Third-Party Account or associated service becomes unavailable or our access to such Third-Party Account is terminated by the third-party service provider, then Social Network Content may no longer be available on and through this Site. You will have the ability to disable the connection between your account on this Site and your Third-Party Accounts at any time.

PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS.

We make no effort to review any Social Network Content for any purpose, including but not limited to, for accuracy, legality, or non-infringement, and we are not responsible for any Social Network Content.

You acknowledge and agree that we may access your email address book associated with a Third-Party Account and your contacts list stored on your mobile device or tablet computer solely for purposes of identifying and informing you of those contacts who have also registered to use this Site.

You can deactivate the connection between this Site and your Third-Party Account by contacting us using the contact information below or through your account settings (if applicable). We will attempt to delete any information stored on our servers that was obtained through such Third-Party Account, except the username and profile picture that become associated with your account.

Submissions

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding this Site (“Submissions”) provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.

You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.

Termination

If you wish to cancel a username or password, or if you become aware of any loss, theft or unauthorized use of a username or password, you must notify us immediately. We reserve the right to delete or change any username or password at any time and for any reason. We may suspend or terminate your account or your use of this Site at any time, for any reason or for no reason at all.

Intellectual property

If you wish to cancel a username or password, or if you become aware of any loss, theft or unauthorized use of a username or password, you must notify us immediately. We reserve the right to delete or change any username or password at any time and for any reason. We may suspend or terminate your account or your use of this Site at any time, for any reason or for no reason at all.

Ownership

This Site are the copyrighted property of Cupio and/or its various third party providers and distributors, directors. Information found on this Site must not be reproduced, republished, distributed, posted, sold, transferred, or modified without the express written permission of Cupio and/or its third parties. However, this does not apply to downloading, copying and saving information from this Site for personal use.

The trademarks, logos and service marks displayed on this Site are registered and/or common law Trademarks of Cupio, its affiliates, and various third parties. No information on this Site should be construed as granting, by implication or otherwise, any license or right to use any of the Trademarks without the written permission of Cupio or such other party that may own the Trademarks.

Cupio does not claim to own any of the third party or affiliate merchants, suppliers or manufacturer brands or trademarks featured on its site. The same applies for the trademarks of other publicists or publications on this website.

Your rights

You retain ownership of all intellectual property rights subsisting in the content you submit to us. However, by submitting content to Cupio, you grant to Cupio a royalty-free world-wide non-exclusive license for the duration of copyright to use your content, or any part of your content, in any way that Cupio decides on the Cupio sites and apps, any other website or through any other medium and to permit others to do the same.

Under no circumstances will any disclosure of any idea or related materials to Cupio or this Site be subject to any obligation of confidentiality or expectation of compensation. By submitting any material to us, you are representing and warranting to us that the materials are wholly original with you, that no one else has any rights in the materials and that we are free to use the materials if we so desire, as provided or as modified by us, without obtaining permission or license from any third party.

Copyright and trademark notice

Without limiting the generality of the foregoing, you acknowledge and agree that all content available through and used to operate these sites and or apps, and its services, is protected by copyright, trademark, patent, or other proprietary rights of Cupio and its affiliates, licensors, and service providers.

Copyright and trademark notice

It is the policy of Cupio to respond expeditiously to claims of intellectual property infringement. We will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws. Notices of claimed infringement should be directed to:

Cupio ApS
Tyrolsgade 17, 1Th
2300 Copenhagen S
Denmark

Email address: christian.hartvig@cupio.app

Disclaimers and limitation of liability

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding this Site (“Submissions”) provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.

Disclaimers of warranties and limitation of liability

A. You expressly understand and agree that: (i) your use of this Site is at your sole risk; (ii) the products and services are provided on an “as is” and “as available” basis; (iii) except as expressly provided herein we expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to implied warranties of merchantability, fitness for a particular purpose, workmanlike effort, title and non-infringement; (iv) we make no warranty with respect to the results that may be obtained from this Site, the products or services advertised or offered or merchants involved; (v) any material downloaded or otherwise obtained through the use of this Site is done at your own discretion and risk; (vi) you will be solely responsible for any damage to your computer system or for any loss of data that results from the download of any such material; and (vii) no advice or information, whether oral or written, obtained by you from us or through or from this Site shall create any warranty not expressly stated in these terms and conditions.

B. Except as expressly stated herein we make no warranty that: (i) any product or service will meet your requirements; (ii) any product or service will be uninterrupted, timely, secure, or error-free; (iii) the results that may be obtained from the use of any product or service will be accurate or reliable: (iv) the quality of any product, service, information, or other material purchased or obtained by you through any product or service will meet your expectations; or (v) any errors in the software will be corrected.

C. You understand and agree that except as expressly set forth herein officers, directors, employees, agents, suppliers or any other party involved in creating, producing, transmitting, or distributing this Site or related products or services (collectively the “hotproduct outlet umbrella”) shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if we have been advised of the possibility of such damages), resulting from: (i) your use or inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on this Site; (v) or acts of nature, forces, or causes beyond our reasonable control, including, without limitation, internet failures, computer equipment failures, telecommunication equipment or other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of god, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning or (vi) any other matter relating to this Site however caused and on any theory of liability (including negligence). in no event shall our total liability to you for all damages, losses and causes of action whether in contract, tort (including but not limited to, negligence) or otherwise exceed the amount paid by you, if any, to Cupio.

The foregoing limitations shall apply notwithstanding any failure of essential purpose of any limited remedy.

Links

This Site contain links to other websites that are provided solely as a convenience to you and not as an endorsement by Cupio, its third party providers or distributors of the contents of such other web sites. Cupio has not reviewed all of these linked sites linked and is not responsible for their content. The linked sites are for your convenience only and you access them at your own risk. Cupio makes no representation or warranty regarding any other web sites or the contents or materials on such web sites. If you decide to access other web sites, you do so at your own risk.

Third-Party websites and content

This Site may contain (or you may be sent via this Site) links to other websites (“Third-Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (“Third-Party Content”).

Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through this Site or any Third-Party Content posted on, available through, or installed from this Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content.

Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave this Site and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms of Use no longer govern.

You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from this Site or relating to any applications you use or install from this Site. Any purchases you make through Third- Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party.

You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.

Advertisers

We allow advertisers to display their advertisements and other information in certain areas of this Site, such as sidebar advertisements or banner advertisements. If you are an advertiser, you shall take full responsibility for any advertisements you place on this Site and any services provided on this Site or products sold through those advertisements.

Further, as an advertiser, you warrant and represent that you possess all rights and authority to place advertisements on this Site, including, but not limited to, intellectual property rights, publicity rights, and contractual rights. [As an advertiser, you agree that such advertisements are subject to our Digital Millennium Copyright Act (“DMCA”) Notice and Policy provisions as described below, and you understand and agree there will be no refund or other compensation for DMCA takedown-related issues.] We simply provide the space to place such advertisements, and we have no other relationship with advertisers.

Indemnity and release

The material that you read on this Site is provided solely for information purposes. By using this Site web sites you agree to indemnify Cupio and affiliated entities (collectively “Indemnities”) and hold them harmless from any and all claims and expenses, including (without limitation) attorney’s fees, arising from your use of this Site web sites, your use of the Products and Services, or your submission of ideas and/or related materials to Cupio or from any person’s use of any ID, membership or password you maintain with any portion of this Site, regardless of whether such use is authorized by you.

Cupio reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to co-operate with Cupio’s defense of such claim.

General

Notice

Except as explicitly stated otherwise, any notices provided by us may be made by an updated posting on this Site, by postal mail or by email to the most recent address that you have provided. Notices to us shall be given by postal mail or email (with a copy by postal mail):

Cupio ApS
Tyrolsgade 17, 1TH
2300 Copenhagen S
Denmark

Email address: christian.hartvig@cupio.app

Place of performance

References to any Cupio product or service do not constitute an offer to sell or supply that product or service, nor does it mean that the product or service is available in all jurisdictions. Those who choose to access this Site from their resident locations do so on their own initiative and are responsible for compliance with all applicable local laws.

Miscellaneous

A. Choice of Law, Limitation of Actions, Severability, Non-Waiver and Merger. These Terms and Conditions will be governed in all respects by the laws of Denmark as such laws are applied to agreements entered into and to be performed entirely within the Denmark between Danish residents. You hereby consent to jurisdiction and venue in Copenhagen, Denmark for such purpose, waive the personal service of any process upon them and agree that service may be effected by overnight mail (using a commercially recognized service) or by PostNord with delivery receipt to the address you provided to Cupio) and agree that any claim against us must be filed within one (1) year of the time such claim arises, regardless of any law to the contrary; otherwise your claim will be barred forever. If any provision of these Terms and Conditions is held to be invalid or unenforceable, the provision shall be removed (or interpreted, if possible, in a manner as to be enforceable), and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. These Terms and Conditions set forth the entire understanding and agreement between us with respect to the subject matter contained herein and supersede any other agreement, proposals and communications, written or oral, between Cupio’s representatives and you with respect to the subject matter hereof, including any terms and conditions on any of customer’s documents or purchase orders. Nothing in these Terms and Conditions limits or excludes either party’s liability for fraud or for negligence causing death or personal injury.

B. No Joint Venture, No Derogation of Rights. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Cupio as a result of these Terms and Conditions or your use of this Site. Our performance of these Terms and Conditions is subject to existing laws and legal process, and nothing contained herein is in derogation of our right to comply with governmental, court and law enforcement requests or requirements relating to your use of this Site or information provided to or gathered by us with respect to such use.