COPYWINS USER AGREEMENT
This User Agreement (this “Agreement”) is a binding contract between you and CopyWins, Inc., a Delaware corporation (“CopyWins,” “we,” “us,” or “our”), governing your use of the CopyWins platform at copywins.com, our mobile applications, and our related services (collectively, the “Platform”) as a user, subscriber, or visitor (each, a “User”). This Agreement applies to anyone who accesses or uses the Platform other than as a creator. If you are a creator, your relationship with us is governed by the separate CopyWins Creator Agreement. This Agreement is incorporated into the Platform's Terms of Service and is read together with the Terms of Service, the Privacy Policy, the Earnings Policy, and the Content Policy. In the event of a conflict between this Agreement and the Terms of Service, the Terms of Service control.
BY CREATING AN ACCOUNT, ACCESSING THE PLATFORM, SUBSCRIBING TO ANY CREATOR, OR USING ANY FEATURE, YOU AGREE TO THIS AGREEMENT. IF YOU DO NOT AGREE, DO NOT USE THE PLATFORM.
PLEASE READ SECTION 14 CAREFULLY. IT CONTAINS A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER THAT AFFECT YOUR LEGAL RIGHTS. YOU MAY OPT OUT OF ARBITRATION AS DESCRIBED IN SECTION 14.
1. What CopyWins Does (and Does Not) Do
CopyWins is a social platform on which independent creators publish content, including written analysis, market commentary, trading-related picks, sports-related picks, and educational material (collectively, “Content”). As a User, you can follow creators, read their published Content, subscribe to access Content, comment, and provide voluntary tips.
1.1 What CopyWins Is Not
CopyWins is not, and does not act as, any of the following:
A registered investment adviser, broker-dealer, or municipal securities dealer.
A registered Commodity Trading Advisor, Commodity Pool Operator, or Futures Commission Merchant.
A licensed sports information service in any jurisdiction, including Nevada under NRS 463.0193.
A sportsbook, gaming operator, or wagering platform.
A cryptocurrency exchange, broker, or money transmitter.
A bank, money services business, or financial institution.
A fiduciary of any kind to any User.
CopyWins does not provide investment, financial, tax, legal, or betting advice. CopyWins does not execute trades, place wagers, or take any action on a User's behalf. CopyWins does not custody User funds. Content on the Platform is published by independent creators for informational and educational purposes only and does not constitute personalized advice or a recommendation to take any action.
1.2 You Are Responsible for Your Own Decisions
You are solely responsible for any decision you make on your own brokerage, exchange, sportsbook, or other accounts. Past performance is not a guarantee of future results. Trading securities, commodities, derivatives, foreign exchange, and digital assets involves substantial risk, including the risk of total loss. Wagering on sports involves substantial risk, including the risk of total loss.
You acknowledge that any decision to trade, invest, or wager based on Content you read on the Platform is your own decision. The Content is one input among many that you should consider; you should also consult with qualified professionals where appropriate, conduct your own research, and consider your own financial circumstances, risk tolerance, and applicable law before acting.
2. Eligibility
2.1 Age and Capacity
To use the Platform, you must be at least 18 years of age and capable of forming a binding contract under applicable law. The Platform is not directed at, and we do not knowingly accept Users who are, under 18. If we learn that a User is under 18, we will terminate the account and delete associated personal information.
2.2 Geographic Eligibility
The Platform is intended for Users located in the United States. Use of the Platform may be restricted or prohibited in certain U.S. states, U.S. territories, and other jurisdictions. We may, in our discretion, restrict access to specific Platform features by geography, including without limitation sports-related Content in jurisdictions that license sports information services. You may not use the Platform from any jurisdiction in which it is restricted or prohibited.
You may not use any virtual private network, proxy, IP-masking technology, or similar method to circumvent geographic restrictions. Doing so is a material breach of this Agreement and may result in immediate termination.
2.3 Sanctions and Restricted Persons
You represent and warrant that you are not (a) a person located in, or a national or resident of, any country subject to comprehensive U.S. sanctions, (b) listed on the U.S. Department of the Treasury's Specially Designated Nationals and Blocked Persons List or any equivalent list maintained by any other governmental authority, or (c) otherwise prohibited from using the Platform under applicable law.
3. Your Account
3.1 Registration
To access most features of the Platform, you must create an account. You agree to provide accurate, current, and complete information during registration and to update that information promptly when it changes. You may be required to verify your email address or complete other verification steps.
3.2 Account Security
You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account, whether or not authorized by you. You agree to notify us promptly at [email protected] if you suspect unauthorized access to your account. We are not liable for any loss or damage arising from your failure to maintain account security.
3.3 One Account; No Sharing
You may maintain only one User account at a time. You may not share your account credentials with any other person, sell or transfer your account, or use your account on behalf of any other person. You may not create a new account to circumvent a suspension or termination.
3.4 Inactive Accounts
We may, in our discretion, deactivate accounts that have been inactive for an extended period (typically twelve (12) months or more) after providing reasonable notice.
4. Subscriptions and Tipping
4.1 Subscriptions
You may subscribe to creators on a recurring basis at the price set by each creator. Subscription terms (price, billing frequency, content access) are disclosed at the point of purchase. By starting a subscription, you authorize CopyWins (through Stripe) to charge your selected payment method on a recurring basis at the disclosed price until you cancel.
Subscriptions automatically renew at the end of each billing cycle unless cancelled before the renewal date. We will provide notice in advance of any material change to the subscription price or terms, in accordance with applicable auto-renewal disclosure laws (including California Business and Professions Code Section 17602).
4.2 Cancellation
You may cancel a subscription at any time through your account settings. Cancellation takes effect at the end of the then-current billing period; you will retain access to subscribed Content until that period ends. Cancellation does not entitle you to a refund of amounts already paid for completed billing periods, except as set forth in Section 4.5 or as required by applicable law.
4.3 Tipping
Tipping is voluntary and made at your discretion. Tips are paid directly to the receiving creator (through Stripe Connect) and are not refundable except where required by law. CopyWins receives a platform fee on tip transactions as disclosed in the Earnings Policy.
4.4 Fees, Taxes, and Currency
Subscription pricing is set by individual creators and is shown at the point of purchase. CopyWins charges a buyer-side service fee on subscription transactions as disclosed in the Earnings Policy or at the point of purchase. Applicable sales, use, value-added, or similar taxes are added at checkout where required by law. All transactions are conducted in U.S. dollars unless otherwise specified.
4.5 Refund Policy
Refunds for completed billing periods are not provided except in the following circumstances:
Where required by applicable law, including without limitation California Business and Professions Code Section 17602 and similar state automatic-renewal statutes.
Where a creator's account is terminated and the creator's Content is no longer available during a period for which you have prepaid; in such case, a pro-rata refund will be provided for the unused portion of the billing period.
Where a transaction was unauthorized or fraudulent and you notify us promptly upon discovery.
Where CopyWins, in its reasonable discretion, determines that a refund is appropriate.
Tips are non-refundable except as required by law.
To request a refund, contact [email protected]. We will review the request and respond within a reasonable time.
4.6 Payment Processing
All payments are processed by Stripe through the Stripe Connect platform. Stripe, not CopyWins, is the payment processor. CopyWins does not custody User funds. By providing payment information, you also agree to Stripe's terms of service. Card declines, chargebacks, and payment disputes are handled in accordance with Stripe's processes and applicable law.
4.7 Chargebacks
If you initiate a chargeback through your card issuer for a transaction that, in our reasonable judgment, was authorized and properly processed, we may suspend or terminate your account and recover the disputed amount through any lawful means. We encourage you to contact [email protected] first to resolve any payment dispute.
5. Content; Your Use of It
5.1 Creator Content Is Not Our Content
Content published by creators is the creator's own. It does not represent the views, opinions, recommendations, or endorsements of CopyWins. Creators are independent contributors and are not employees, agents, partners, or affiliates of CopyWins. We do not pre-screen or pre-approve Content for accuracy, suitability, or legality, except as needed to enforce our Terms or applicable law.
5.2 No Reliance
You should not rely on any Content as a sole basis for any decision. You should not assume that any creator is registered as an investment adviser, broker-dealer, Commodity Trading Advisor, or licensed sports information service unless the creator has expressly stated and substantiated that status. Performance figures shown on the Platform reflect a creator's published Content during the measurement period and do not include any User's actual trading or wagering activity. Past performance is not a guarantee of future results, and individual results vary.
5.3 No Personal Use Beyond the Platform
Content is licensed to you for personal, non-commercial use within the Platform. You may not:
Republish, redistribute, or resell Content.
Aggregate Content into a derivative product.
Use Content to train any artificial intelligence model or machine learning system.
Scrape or systematically collect Content.
Remove any disclaimer, attribution, or notice associated with Content.
Share access to subscriber-only Content with non-subscribers.
Violations may result in termination and may constitute infringement of the creator's or CopyWins's intellectual property rights.
5.4 Reporting Concerns About Content
If you believe Content violates our Terms or applicable law, report it through the in-Platform reporting tools or to [email protected]. Copyright concerns should be directed to [email protected] pursuant to the DMCA notice procedure described in our Terms of Service.
6. Your Conduct
You will not:
Use the Platform to violate any law or regulation.
Post or transmit Content that is unlawful, defamatory, fraudulent, harassing, threatening, infringing, or that violates the privacy or rights of any third party.
Impersonate any person or entity, or misrepresent your affiliation with any person or entity.
Attempt to interfere with the operation of the Platform, including through unauthorized access, scraping at scale, automated tools, or denial-of-service activity.
Circumvent any security measure, geographic restriction, or access control.
Use the Platform to provide investment, financial, or betting advice unless you are a registered or licensed professional, you have made appropriate disclosures, and your activity is otherwise compliant.
Use the Platform to recruit other Users for off-Platform paid services in competition with the Platform's subscription model.
Collect or harvest information about other Users without their consent.
Use the Platform in any manner that could disable, overburden, damage, or impair the Platform or interfere with another User's use.
Use the Platform to engage in market manipulation, including coordinated trading, pump-and-dump schemes, or front-running.
Engage in coordinated harassment of any creator or User.
Use the Platform to launder money or finance illegal activity.
7. User-Submitted Content
7.1 Comments and Communications
The Platform allows you to post comments, send messages to creators (where the creator has enabled messaging), and otherwise interact with creators and other Users. You retain ownership of original content you submit, but you grant CopyWins a worldwide, non-exclusive, royalty-free, sublicensable license to host, display, reproduce, distribute, and (where applicable) moderate that content for the operation and promotion of the Platform.
7.2 Your Representations About Content You Submit
You represent and warrant that any content you submit (a) is your own original work or you have all rights necessary to submit it, (b) does not infringe any intellectual property, privacy, or other right of any third party, and (c) does not violate any law.
7.3 Removal
CopyWins may, in its discretion, remove any content that violates this Agreement or any incorporated policy, or that we determine in good faith presents legal or operational risk.
8. Disclaimers Specific to Trading and Wagering Content
By using the Platform, you specifically acknowledge and agree to the following.
Trading securities, commodities, derivatives, foreign exchange, and digital assets involves substantial risk, including the risk of total loss. You may lose all of the money you invest, and you may incur additional liability beyond your initial investment in some products (such as margin trading or options).
Wagering on sports involves substantial risk. Sports wagering may be illegal in your jurisdiction. You are responsible for confirming that any wagering activity is legal where you are located.
Past performance, whether of a creator, a strategy, a market, or any other measure, is not a guarantee of future results.
Any historical performance figure displayed on the Platform reflects only the creator's published picks during the measurement period as calculated by the Platform's methodology. It does not reflect any User's actual results, costs, taxes, or other adjustments.
Crypto assets are highly volatile and may be subject to regulatory action, exchange failures, or total loss.
CopyWins does not endorse, recommend, or guarantee any creator, any pick, any strategy, or any outcome.
If you are uncertain whether a particular activity is legal or appropriate for you, consult a qualified professional before acting. CopyWins is not a substitute for professional advice.
9. Responsible Use; Problem Gambling and Trading
If you believe that your trading or wagering activity is causing harm to you or to those around you, please seek help. Resources include:
National Council on Problem Gambling: 1-800-GAMBLER (1-800-426-2537) or ncpgambling.org.
Financial Counseling Association of America: fcaa.org.
National Suicide and Crisis Lifeline: 988 (US).
CopyWins is not a treatment provider and does not provide counseling. You may close your account at any time.
10. Privacy
Our collection, use, and disclosure of personal information is described in the Privacy Policy. By using the Platform, you acknowledge the practices described in the Privacy Policy. If you are a resident of California, Colorado, Connecticut, Virginia, or another state with comprehensive privacy law, you may exercise privacy rights as described in the Privacy Policy.
11. Suspension and Termination
11.1 By You
You may close your account at any time through your account settings or by contacting [email protected]. Closing your account cancels future subscription renewals; access to subscribed Content continues through the end of the then-current billing period.
11.2 By CopyWins
We may suspend or terminate your access to the Platform, with or without notice, for any reason, including without limitation:
Violation of this Agreement, the Terms of Service, the Content Policy, or applicable law.
Fraud, misrepresentation, or suspected illegal activity.
Conduct that creates risk or potential legal exposure for CopyWins, other Users, creators, or third parties.
Repeated infringement of intellectual property rights.
Use of VPN, proxy, or similar technology to circumvent geographic restrictions.
Extended inactivity.
Discontinuation of a Platform feature or the Platform itself.
11.3 Effect of Termination
Upon termination, your right to access the Platform ends. You will not be entitled to a refund for completed billing periods, except as set forth in Section 4.5 or as required by law. Sections that by their nature should survive termination (including Sections 4.5, 4.7, 5.3, 8, 12, 13, 14, 15, 16, and 17) survive.
12. Disclaimer of Warranties
THE PLATFORM AND ALL CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, COPYWINS DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
WITHOUT LIMITING THE FOREGOING, COPYWINS MAKES NO WARRANTY THAT (A) THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE; (B) ANY CONTENT WILL BE ACCURATE, RELIABLE, COMPLETE, OR USEFUL; (C) ANY CREATOR'S PICKS, ANALYSIS, OR RECOMMENDATIONS WILL SUCCEED; (D) ANY DEFECT IN THE PLATFORM WILL BE CORRECTED; OR (E) THE PLATFORM IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES; IN THOSE JURISDICTIONS, THE FOREGOING DISCLAIMERS APPLY TO THE FULLEST EXTENT PERMITTED.
13. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, COPYWINS AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOST PROFITS, LOST DATA, LOST OPPORTUNITY, REPUTATIONAL HARM, OR TRADING OR WAGERING LOSSES, REGARDLESS OF THE CAUSE OF ACTION OR THEORY OF LIABILITY (INCLUDING CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE), EVEN IF COPYWINS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT WILL THE AGGREGATE LIABILITY OF COPYWINS UNDER THIS AGREEMENT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID TO COPYWINS IN THE SIX MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100.00). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES; IN THOSE JURISDICTIONS, OUR LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
YOU EXPRESSLY ACKNOWLEDGE THAT COPYWINS IS NOT LIABLE FOR ANY TRADING, INVESTMENT, OR WAGERING DECISION YOU MAKE, OR FOR ANY LOSS YOU INCUR ON YOUR OWN BROKERAGE, EXCHANGE, SPORTSBOOK, OR OTHER ACCOUNT.
14. Dispute Resolution; Arbitration; Class Waiver
14.1 Informal Resolution
Before initiating any formal dispute, you agree to first contact us at [email protected] with a description of the dispute and to negotiate in good faith for at least thirty (30) days.
14.2 Binding Arbitration
Except as provided in Section 14.5, any dispute, claim, or controversy arising from or relating to this Agreement or the Platform, that is not resolved through informal resolution, will be resolved by final and binding arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules then in effect. The arbitration will be held in Wilmington, Delaware, or, at your election, in your county of residence. The arbitrator will have authority to award any remedy that would be available in court, subject to the limitations in this Agreement. Judgment on the arbitration award may be entered in any court of competent jurisdiction.
14.3 Class Action Waiver
Disputes will be resolved on an individual basis. You and CopyWins each waive the right to participate in any class action, collective action, mass action, or representative action. The arbitrator may not consolidate the claims of multiple parties or preside over any form of representative or class proceeding. If a court determines that this class action waiver is unenforceable as to any claim, that claim will be severed from the arbitration and resolved in court, but the remaining claims will continue to be arbitrated.
14.4 Arbitration Opt-Out
You may opt out of this arbitration agreement by sending written notice of your decision to opt out to [email protected] within thirty (30) days of first accepting this Agreement. Your opt-out notice must include your full name, account information, and a clear statement that you wish to opt out of arbitration. Opting out does not affect the other provisions of this Agreement.
14.5 Exceptions
Nothing in this Section prevents either party from (a) seeking injunctive or other equitable relief in a court of competent jurisdiction to protect intellectual property or confidential information, or (b) bringing an individual action in small claims court.
14.6 Governing Law
This Agreement is governed by the laws of the State of Delaware, without regard to its conflict-of-laws rules. The Federal Arbitration Act governs the interpretation and enforcement of this Section 14.
15. Indemnification
To the fullest extent permitted by law, you will indemnify, defend, and hold harmless CopyWins and its affiliates, officers, directors, employees, and agents from and against any claim, demand, action, loss, liability, damage, judgment, settlement, fee, or expense (including reasonable attorneys' fees) arising out of or related to (a) your use of the Platform; (b) your breach of this Agreement, the Terms of Service, the Content Policy, or any other incorporated policy; (c) your violation of any law or regulation; (d) any content you submit; (e) your trading, investment, or wagering decisions; (f) your infringement of any right of any third party; or (g) any dispute between you and any creator or other User.
16. Modifications to This Agreement
We may modify this Agreement from time to time. If we make material changes, we will provide notice by email or in-Platform notice at least fifteen (15) days before the changes take effect, except where a shorter period is required by law or where the change is necessary to address a security or legal issue. Continued use of the Platform after the effective date of a modification constitutes acceptance. If you do not agree to the modified Agreement, your remedy is to stop using the Platform and cancel any active subscriptions.
17. General
17.1 Entire Agreement
This Agreement, together with the Terms of Service, the Privacy Policy, the Earnings Policy, the Content Policy, and any other policy referenced in this Agreement, constitutes the entire agreement between you and CopyWins regarding your use of the Platform as a User and supersedes all prior or contemporaneous agreements.
17.2 Severability
If any provision of this Agreement is held unenforceable, the remaining provisions remain in full force and effect, and the unenforceable provision will be modified to the minimum extent necessary to make it enforceable.
17.3 No Waiver
No waiver of any provision of this Agreement is effective unless in writing. Failure to enforce any provision is not a waiver of the right to enforce it later.
17.4 Assignment
You may not assign this Agreement or transfer your account without our written consent. We may assign this Agreement without your consent in connection with a merger, sale of assets, financing, reorganization, or similar transaction.
17.5 No Third-Party Beneficiaries
This Agreement is solely between you and CopyWins. No third party (including any creator) has any right to enforce this Agreement, except to the extent expressly stated.
17.6 Force Majeure
Neither party will be liable for any failure or delay in performance under this Agreement (other than payment obligations) caused by events outside its reasonable control, including acts of God, natural disasters, war, terrorism, civil unrest, governmental action, labor disputes, or interruption of internet or telecommunications services.
17.7 Relationship of the Parties
Nothing in this Agreement creates any agency, partnership, joint venture, employment, or fiduciary relationship between you and CopyWins.
17.8 Notices
Notices to you may be provided through the Platform, by email to your registered email address, or by other reasonable means. Notices to CopyWins must be sent to [email protected] or to the mailing address posted on the Platform.
17.9 Headings
Section headings are for convenience only and do not affect interpretation.
17.10 Contact
Questions about this Agreement may be directed to [email protected].
BY CREATING AN ACCOUNT, ACCESSING THE PLATFORM, SUBSCRIBING TO ANY CREATOR, OR USING ANY FEATURE, YOU AGREE TO BE BOUND BY THIS USER AGREEMENT.