COPYWINS TERMS OF SERVICE
These Terms of Service (these “Terms”) form a binding legal agreement between you and CopyWins, Inc., a Delaware corporation (“CopyWins,” “we,” “us,” or “our”), governing your use of the CopyWins website at copywins.com, our mobile applications, and all related services (collectively, the “Platform”). By creating an account, accessing the Platform, or using any feature, you agree to these Terms. If you do not agree, do not use the Platform. These Terms incorporate by reference the CopyWins Earnings Policy, the CopyWins Content Policy, the CopyWins Privacy Policy, and (for creators) the CopyWins Creator Agreement. These Terms supersede any prior Terms and Conditions or Terms of Service previously posted on the Platform.
PLEASE READ SECTION 16 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 16.
1. What CopyWins Is and Is Not
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”). Users of the Platform may follow creators, read their published Content, subscribe to access Content, and provide voluntary tips.
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. CopyWins is not a broker, dealer, investment adviser, commodity trading advisor, sports book, or sports information service. 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.
Users are solely responsible for any decision they make on their own brokerage, exchange, sportsbook, or other accounts. Past performance is not a guarantee of future results. Trading and wagering involve risk, including the risk of total loss.
2. Eligibility
To use the Platform, you must be at least 18 years of age and capable of forming a binding contract under applicable law. You must not be a resident of, or located in, any jurisdiction where use of the Platform is prohibited by applicable law or by these Terms. You must not be on any sanctions list maintained by the U.S. government, any list of denied or restricted parties, or any equivalent list under applicable law.
By creating an account, you represent and warrant that you satisfy these eligibility requirements and that the information you provide during registration is accurate, current, and complete.
3. Account Registration and Security
You must provide accurate information when creating an account and keep that information current. You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account. 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.
You may not create more than one account, sell or transfer your account, or use an account to circumvent any restriction or suspension. We may suspend or terminate accounts that violate these Terms or that we determine, in our reasonable discretion, present a risk to the Platform or its users.
4. Subscriptions, Tipping, and Fees
4.1 Subscriptions
Users may subscribe to creators on a recurring basis at the price set by each creator. Subscription terms, including price, billing frequency, and content access, are disclosed at the point of purchase. Subscriptions automatically renew at the end of each billing cycle unless cancelled before the renewal date. You may cancel a subscription at any time through your account settings; cancellation takes effect at the end of the current billing period.
4.2 Tips
Tipping is voluntary. Tips are not refundable except as required by law.
4.3 Platform Fees and Service Fees
CopyWins receives a platform fee on subscription and tip transactions as disclosed in the Earnings Policy. A buyer-side service fee may also be charged to subscribers as disclosed in the Earnings Policy or at the point of purchase. Applicable taxes are added at checkout where required by law.
4.4 Payment Processing
All payments are processed by Stripe through the Stripe Connect platform. Stripe acts as the payment processor; CopyWins does not custody user funds. By making a purchase or 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.
4.5 Refunds and Cancellation
Subscriptions may be cancelled at any time and will not renew after the end of the then-current billing period. Refunds for completed billing periods are not provided except (i) where required by applicable law, including without limitation California Business and Professions Code section 17602 and similar state automatic-renewal statutes; (ii) where a creator's account is terminated and the creator's content is no longer available during a period for which the user has prepaid; or (iii) where CopyWins, in its reasonable discretion, determines that a refund is appropriate. Tip transactions are non-refundable except as required by law.
4.6 Auto-Renewal Disclosure
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. We will provide notice before any material change to the subscription price or terms.
5. User Content and Conduct
5.1 User-Generated Content
The Platform allows users to post comments, send messages, and otherwise interact with creators and other users. You retain ownership of content you post, but you grant CopyWins a worldwide, non-exclusive, royalty-free, sublicensable license to host, display, and distribute that content on the Platform for purposes of operating the Platform.
5.2 Prohibited Conduct
You will not: (a) use the Platform to violate any law or regulation; (b) post content that is unlawful, defamatory, fraudulent, harassing, infringing, or that violates the privacy or rights of any third party; (c) impersonate any person or misrepresent your affiliation with any person or entity; (d) attempt to interfere with the operation of the Platform, including through unauthorized access, scraping at scale, automated tools, or denial-of-service activity; (e) circumvent any security or access control feature; (f) use the Platform to provide investment, financial, or betting advice unless you are a registered or licensed professional and have made appropriate disclosures; (g) use the Platform to recruit users for off-Platform services in violation of these Terms or the Creator Agreement; (h) collect or harvest information about other users without their consent; or (i) use the Platform in any manner that could disable, overburden, damage, or impair the Platform or interfere with another user's use.
5.3 Reporting Violations
To report a violation, contact [email protected].
6. Creator Content
Content published by creators is the creator's own and does not represent the views, opinions, or recommendations of CopyWins. Creators are independent contributors and are not employees, agents, partners, or affiliates of CopyWins. CopyWins does not pre-screen or pre-approve creator content for accuracy, suitability, or legality, except as required to enforce these Terms or applicable law.
Creators agree to additional terms in the Creator Agreement, which include restrictions on personalized advice, performance guarantees, and certain content categories. Users 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.
7. Disclaimers Regarding Trading and Wagering
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. Past performance, whether of a creator, a strategy, a market, or any other measure, is not a guarantee of future results.
You are solely responsible for evaluating the accuracy, completeness, and usefulness of any Content. You are solely responsible for any decision you make on your own accounts. CopyWins does not endorse, recommend, or guarantee any creator, any pick, any strategy, or any outcome. Any decision to trade or wager is your own.
If you are uncertain whether a particular activity is legal or appropriate for you, consult a qualified professional. CopyWins is not a substitute for professional advice.
8. Restricted Jurisdictions and Geofencing
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. The current list of restricted jurisdictions and feature-level restrictions is published on the Platform and may be updated at any time.
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, or similar technology to circumvent geographic restrictions.
9. Intellectual Property
9.1 Platform IP
The Platform, including its software, design, text, graphics, logos, and trademarks, is owned by CopyWins or its licensors and is protected by intellectual property laws. We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Platform for personal, non-commercial purposes in accordance with these Terms. All rights not expressly granted are reserved.
9.2 Feedback
If you submit suggestions or feedback to us, you grant us a perpetual, irrevocable, worldwide, royalty-free license to use that feedback for any purpose without compensation or attribution.
9.3 DMCA
We respond to claims of copyright infringement under the Digital Millennium Copyright Act. To submit a notice of claimed infringement, contact our designated agent at [email protected] with the information required by 17 U.S.C. § 512(c). We may terminate accounts of users who are repeat infringers.
10. Privacy
Our collection, use, and disclosure of personal information is described in the Privacy Policy. By using the Platform, you consent to the practices described in the Privacy Policy.
11. Third-Party Services and Links
The Platform may contain links to third-party websites, applications, or services, including Stripe and brokerages or sportsbooks where users execute their own transactions. We are not responsible for the content, policies, or practices of any third party. Your use of any third-party service is governed by that third party's terms and policies.
If we display affiliate links or sponsored content, we will disclose the material connection in accordance with the FTC Endorsement Guides at 16 C.F.R. Part 255.
12. Suspension and Termination
We may suspend or terminate your access to the Platform, with or without notice, for any reason, including: (a) violation of these Terms or any incorporated policy; (b) fraud, misrepresentation, or suspected illegal activity; (c) conduct that creates risk or possible legal exposure for CopyWins, other users, or third parties; (d) extended inactivity; or (e) at our reasonable discretion.
You may terminate your account at any time by following the cancellation process in your account settings. Upon termination, your right to access the Platform ends. Sections that by their nature should survive termination (including Sections 4.5, 7, 9, 13, 14, 15, 16, and 17) will survive.
13. 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 THE PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE, THAT CONTENT WILL BE ACCURATE OR RELIABLE, OR THAT ANY CREATOR'S PICKS WILL SUCCEED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES; IN THOSE JURISDICTIONS, THE FOREGOING DISCLAIMERS APPLY TO THE FULLEST EXTENT PERMITTED.
14. 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, OR TRADING OR WAGERING LOSSES, REGARDLESS OF THE CAUSE OF ACTION OR THEORY OF LIABILITY, EVEN IF COPYWINS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT WILL THE AGGREGATE LIABILITY OF COPYWINS UNDER THESE TERMS 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.
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 these Terms or any incorporated policy; (c) your violation of any law or regulation; (d) your trading or wagering decisions; or (e) your infringement of any right of any third party.
16. Dispute Resolution; Arbitration; Class Waiver
16.1 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.
16.2 Binding Arbitration
Except as provided in Section 16.5, any dispute arising from or related to these Terms 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 take place in Wilmington, Delaware, or, at your option, 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 these Terms. Judgment on the arbitration award may be entered in any court of competent jurisdiction.
16.3 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.
16.4 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 these Terms. 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 these Terms.
16.5 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.
16.6 Governing Law
These Terms are 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 Section 16.
17. Modifications to These Terms
We may modify these Terms 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 Terms, your remedy is to stop using the Platform and cancel your subscriptions.
18. 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.
19. General
19.1 Entire Agreement
These Terms, together with the Earnings Policy, Content Policy, Privacy Policy, and (for creators) the Creator Agreement, constitute the entire agreement between you and CopyWins regarding the subject matter and supersede all prior or contemporaneous agreements.
19.2 Severability
If any provision of these Terms 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.
19.3 No Waiver
No waiver of any provision is effective unless in writing. Failure to enforce any provision is not a waiver of the right to enforce it later.
19.4 Assignment
You may not assign these Terms or transfer your account without our written consent. We may assign these Terms without your consent in connection with a merger, sale of assets, financing, reorganization, or similar transaction.
19.5 Relationship of the Parties
Nothing in these Terms creates any agency, partnership, joint venture, or employment relationship between you and CopyWins.
19.6 Headings
Section headings are for convenience only and do not affect interpretation.
19.7 Contact
Questions about these Terms may be directed to [email protected].