By accessing or using Cuptalks.com (the "Service"), you agree to these Terms. If you do not agree, do not use the Service. For privacy details, see our Privacy Policy.
1) Acceptance of Terms
These Terms constitute a binding agreement between you and DPsense L.C.. If you use the Service on behalf of an entity, you represent and warrant that you are authorized to bind that entity, and “you” refers to the entity. Supplemental terms may apply to certain features and will be disclosed to you where applicable.
2) Eligibility & Accounts
You must be at least 13 years old (or the minimum age in your jurisdiction) to use the Service. If you are under the age of majority, you may use the Service only with parental/guardian consent.
When you create an account, you must provide accurate information and keep it up to date. You are responsible for safeguarding your credentials and for all activities under your account.
We may require email or phone verification and may suspend or terminate accounts that violate these Terms.
3) Roles, Platform Nature & Independence
The Service facilitates connections between clients and supporters to communicate, exchange messages, and schedule sessions (text, audio, or video). Unless expressly stated, supporters are independent users—not employees, agents, or representatives of DPsense L.C.. We do not control, endorse, or warrant supporters’ qualifications, advice, or conduct. You are solely responsible for selecting whom you engage and for outcomes of your interactions.
4) Use of the Service; Sessions & Offers
Offers & Scheduling: Users may post issues, send offers, propose times, and confirm sessions. You must ensure you are available at proposed/confirmed times and comply with any rescheduling rules.
Conduct: Be respectful. Do not harass, threaten, or discriminate. Do not share someone else’s private information without consent.
No Recording by Default: Sessions are not recorded by DPsense L.C. unless clearly disclosed. Users must comply with applicable laws before recording any interaction.
Compliance: You will follow all applicable laws (including privacy, consumer protection, and telehealth rules where relevant).
5) Payments, Fees & Refunds
Processor: Payments are handled by our third‑party payment processor. We do not store full credit card numbers.
Fees: Prices, platform fees, and applicable taxes will be shown at checkout. You authorize charges to your payment method for booked sessions and related fees.
Refunds & Cancellations: Refund eligibility depends on the specific session terms, timing of cancellation, and any posted policies. Chargebacks without a valid basis may lead to account action.
Taxes: You are responsible for any applicable taxes arising from your use of the Service.
6) User Content & Licenses
"User Content" includes text, images, reviews, messages, and other material you submit. You retain ownership of your User Content, but you grant DPsense L.C. a worldwide, non‑exclusive, royalty‑free license to host, store, reproduce, display, and create derivative works of your User Content solely to operate and improve the Service. You represent and warrant you have all rights necessary to submit the User Content and that it does not infringe, misappropriate, or violate any rights of others.
7) Prohibited Activities
Using the Service for any illegal purpose or in violation of any law or regulation
Harassment, hate speech, or discriminatory conduct
Posting or transmitting content that is infringing, obscene, or exploitative
Scraping, crawling, or reverse‑engineering the Service
Interfering with security features or attempting unauthorized access
Misrepresenting your identity, qualifications, or affiliations
8) Ratings & Reviews
Users may leave ratings and reviews after sessions. Reviews must be honest, respectful, and comply with these Terms. We may remove reviews that violate policies or applicable law.
9) Communications; Emails & SMS
By providing contact information, you consent to receive transactional communications (e.g., verifications, reminders, confirmations). You can opt out of non‑essential marketing messages at any time. Standard messaging/data rates may apply.
10) Third‑Party Services
The Service may integrate with third‑party providers (e.g., Twilio for audio/video rooms and real‑time chat, email/SMS gateways, analytics, and payment processors). Your use of third‑party services may be subject to their terms and privacy policies. We are not responsible for third‑party services and do not control their actions.
11) Intellectual Property
The Service, including software, designs, logos, and trademarks, is owned by or licensed to DPsense L.C. and protected by intellectual property laws. Except as expressly permitted, you may not use, copy, modify, or create derivative works of the Service or our IP.
12) No Medical, Legal, or Professional Advice; Emergencies
The Service is for informational and peer‑support purposes and is not a substitute for professional diagnosis, advice, or treatment. If you need medical, mental health, legal, or other professional services, consult a qualified professional. In an emergency or crisis, call your local emergency number (e.g., 911 in the U.S.) or a crisis hotline immediately.
13) Disclaimers
The Service is provided on an "AS IS" and "AS AVAILABLE" basis without warranties of any kind, whether express, implied, or statutory, including warranties of merchantability, fitness for a particular purpose, title, and non‑infringement. We do not warrant that the Service will be uninterrupted, secure, or error‑free.
14) Limitation of Liability
To the maximum extent permitted by law, DPsense L.C. and its affiliates, officers, employees, agents, and licensors will not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenues, data, or goodwill, arising from or related to your use of the Service, whether based on warranty, contract, tort (including negligence), statute, or any other legal theory, even if we have been advised of the possibility of such damages. Our total liability for any claim arising from or relating to the Service will not exceed the greater of (a) the amount you paid to us for the Service in the 12 months preceding the event giving rise to the claim, or (b) US $100.
15) Indemnification
You agree to defend, indemnify, and hold harmless DPsense L.C. and its affiliates, officers, employees, and agents from any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising from or related to your use of the Service, your User Content, or your violation of these Terms or applicable law.
16) Suspension & Termination
We may suspend or terminate your access to the Service at any time with or without notice if we believe you have violated these Terms, pose a risk, or for any reason. You may stop using the Service at any time. Upon termination, provisions that by their nature should survive (e.g., IP, disclaimers, limitation of liability, indemnification) will survive.
17) Governing Law & Dispute Resolution
These Terms are governed by the laws of Virginia, without regard to its conflict of laws rules.
Binding Arbitration & Class Action Waiver. You and DPsense L.C. agree to resolve any dispute arising out of or relating to these Terms or the Service through final and binding arbitration administered by a recognized arbitration provider. Class actions and class arbitrations are not permitted; disputes must be brought on an individual basis. You may opt out of this arbitration agreement within 30 days of first accepting these Terms by emailing support@cuptalks.com with the subject line “Arbitration Opt‑Out.”
18) Changes to these Terms
We may update these Terms from time to time. The “Last updated” date above reflects the most recent changes. Material changes will be notified through the Service or by email where appropriate. Continued use of the Service after changes become effective constitutes acceptance of the revised Terms.
If you believe content on the Service infringes your copyright, send a notice containing: (a) your physical or electronic signature; (b) identification of the copyrighted work; (c) identification of the infringing material and its location; (d) your contact information; (e) a statement of good‑faith belief; and (f) a statement under penalty of perjury that the information is accurate and you are authorized to act. Send notices to support@cuptalks.com.