Terms of Use

Last modified: August 29th, 2023

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Acceptance of the Terms of Use

These terms of use are entered into by and between you and D&I VISION PTE. LTD. (together with its affiliates and subsidiaries, "Cupiee"; with use of the words "Our", "Us", or "We" referring to Cupiee). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, "Terms of Use"), govern your access to and use of our webApp located at https://www.cupiee.com, you’re your purchase and/or use our services ("Services"), including any content, functionality, and services offered on or through the App, whether as a guest or a registered user.

Please read these Terms of Use carefully before you start to use the App. By using the App or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at ("Privacy Policy"), incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the App.

Cupiee is a distributed application that is currently running on the Oraichain Mainnet (the "Blockchain''), using specially-developed smart contracts (each, a “Smart Contract”) to enable users to purchase, own and transfer in-app items stored in the form of NFTs. The in-app assets can then be visualized in Cupiee apps. The Smart Contracts and the App are collectively referred to in these Terms as the “App”. Using the App, users can view their assets and use the Smart Contracts to acquire and trade with other App users. “NFT” in these Terms means a non-fungible token or similar digital item implemented on a blockchain, which uses smart contracts to link to or otherwise be associated with certain content or data.

This App is offered and available to users who are 18 years of age or older. By using this App, you represent and warrant that you are of legal age to form a binding contract with Cupiee and meet the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the App.

Accessing the App and Account Security

We reserve the right to withdraw or amend this App, and any service or material we provide on the App, in our sole discretion without notice. We will not be liable if for any reason all or any part of the App is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the App, or the entire App, to users, including registered users. You are responsible for both: Making all arrangements necessary for you to have access to the App. Ensuring that all persons who access the App through your internet connection are aware of these Terms of Use and comply with them.

To access the App or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the App that all the information you provide on the App is correct, current, and complete. You agree that all information you provide to register with this App or otherwise, including, but not limited to,through the use of any interactive features on the App, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this App or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any user name, password, or other identifiers, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

Intellectual Property Rights

The App and its entire contents, features, and functionality, including but not limited to all information, software, text, graphics, displays, images, video, audio, newsletter content, and white papers, and the design, selection, and arrangement thereof (collectively, "Content"), are owned by Cupiee, its licensors, or other providers of such material and are protected by the United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. You have no rights in or to the Content, and you may not use the Content except as permitted under these Terms of Use. No other use is permitted without prior written consent from us. You must retain all copyright and other proprietary notices contained in the original Content on any copy you make of the Content.

These Terms of Use permit you to use the App for your personal, non-commercial use only. You must not reproduce, sell, transfer, assign, license or sublicense, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our App, except as follows:

You must not:

Trademarks

The Cupiee name and our trademarks, service marks, and logos used and displayed on the App ("Cupiee Trademarks") are registered and unregistered trademarks or service marks of Cupiee. Other company, product, and service names located on the App may be trademarks or service marks owned by others (the "Third-Party Trademarks", and, collectively with the Cupiee Trademarks, the "Trademarks"). Nothing on the App should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. Use of the Trademarks as part of a link to or from any App is prohibited unless the establishment of such a link is approved in advance by us in writing. All goodwill generated from the use of the Cupiee Trademarks inures to our benefit.

Trade dress, trademark, unfair competition, and other state and federal laws may protect certain aspects or portions of the App. You must not copy or imitate, in whole or in part, by any means, including but not limited to the use of framing or mirrors, any such aspects or portions. None of the Content may be retransmitted without our express, written consent for each and every instance.

Prohibited Uses

You may use the App only for lawful purposes and in accordance with these Terms of Use.

You agree not to use the App: In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the United States or other countries).

For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.

To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any "junk mail," "chain letter," "spam," or any other similar solicitation.

To impersonate or attempt to impersonate Cupiee, any Cupiee employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).

To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the App, or which, as determined by us, may harm Cupiee or users of the App, or expose them to liability.

To send, knowingly receive, upload, download, use, or re-use any material that:

Additionally, you agree not to:

External Apps

This App may include content provided by third parties, including materials provided by other users, bloggers, third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Cupiee, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Cupiee. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the App will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our App for any reconstruction of any lost data.

To the fullest extent provided by law, we 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 equipment, computer programs, data, or other proprietary material due to your use of the app or any services or items obtained through the app or to your downloading of any material posted on it, or on any app linked to it.

Your use of the app, the content, and any services or items obtained through the app is at your own risk. The app, the content, and any services or items obtained through the app are provided on an "as is" and "as available" basis, without any warranties of any kind, either express or implied. Neither Cupiee nor any person associated with Cupiee makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy, or availability of the app or the content. Without limiting the foregoing, neither Cupiee nor anyone associated with Cupiee represents or warrants that the app, the content, or any services or items obtained through the app will be accurate, reliable, error-free, or uninterrupted, that defects will be corrected, that our app or the server that makes it available are free of viruses or other harmful components, or that the app, the content, or any services or items obtained through the app will otherwise meet your needs or expectations.

To the fullest extent provided by law, Cupiee hereby disclaims all warranties of any kind, whether express or implied, statutory, or otherwise, including but not limited to any warranties of merchantability, non-infringement, and fitness for a particular purpose.

The foregoing does not affect any warranties that cannot be excluded or limited under applicable law.

Limitation on Liability

To the fullest extent provided by law, in no event will Cupiee, its affiliates, or their licensors, service providers, employees, agents, officers, or directors be liable, under any legal theory, arising out of or in connection with your use, or inability to use, the app, any apps linked to it, any content on the app or such other apps.

The foregoing does not affect any liability that cannot be excluded or limited under applicable law.

Indemnification

You agree to defend, indemnify, and hold harmless Cupiee, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the App, including, but not limited to, any use of the App's Content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the App.

Governing Law and Jurisdiction

These Terms of Service shall be governed by and construed in accordance with the laws of the Republic of Singapore, and any claims or disputes of whatever nature shall be subject to the exclusive jurisdiction of the courts of the Republic of Singapore.

Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect.

Any account that you may have with us is not transferrable and any rights to such account will terminate upon your death. Upon receipt of a copy of your death certificate, your account will be terminated and all content that you have generated in your account will be permanently deleted.

Waiver and severability

No waiver by Cupiee of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Cupiee to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and Cupiee regarding the App and the Content and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the App and Content.