Last Updated: June 19, 2026
These Terms of Service (these “Terms”) govern access to and use of the Platform (as defined below) provided by Cope Global LLC, a Delaware limited liability company (“Cope”). These Terms form a binding agreement between Cope and each User (as defined below).
By accessing or using the Platform, the User agrees to these Terms; the Privacy Policy located at https://cope.com/privacy; and each other policy, addendum, or agreement that Cope incorporates herein by reference, including the Buyer Terms, the Creator Terms, and the Affiliate and Terms (together with these Terms, the “Platform Agreements”), and the Refund & Chargeback Policy, the Prohibited Products & Services Policy, the Community Guidelines, and the Fee Schedule (together, the “Ancillary Policies”). A User who is a Buyer is also subject to the Buyer Terms; a User acting as a Creator is also subject to the Creator Terms; a User acting as an Affiliate is also subject to the Affiliate Terms.
IMPORTANT NOTICE — PLEASE READ CAREFULLY. SECTION 12 CONTAINS A MANDATORY ARBITRATION AGREEMENT, A CLASS ACTION AND JURY TRIAL WAIVER, AND A 30-DAY OPT-OUT PROCEDURE THAT AFFECT THE USER’S LEGAL RIGHTS. NOTHING IN SECTION 12 LIMITS A CONSUMER’S NON-WAIVABLE RIGHTS UNDER THE LAW OF THE COUNTRY IN WHICH THE CONSUMER HABITUALLY RESIDES.
1(a) The Platform. Cope operates the platform marketed at cope.com and through associated websites, embedded checkouts, mobile applications, application programming interfaces, and integrations (collectively, the “Platform”). The Platform enables Users to offer, market, and sell digital and physical products and services (collectively, “Products”) to other Users, both on cope.com and through embedded checkout, payment, and related tools that Cope makes available for use on User-controlled web properties. All Products are provided solely by the Creators that list them. Unless otherwise specified by Cope in writing, Cope is not the seller of, and does not take title to, any Product.
1(b) Acceptance. By creating an account, accessing the Platform, or completing a Transaction, the User accepts and agrees to be bound by these Terms. If the User is accepting these Terms on behalf of an entity, the User represents that the User is authorized to bind that entity, and references to “User” include such entity.
For purposes of these Terms, the following capitalized terms have the meanings set forth below. Additional defined terms appear in the other Platform Agreements and the Ancillary Policies.
2(a) “Affiliate” means a User (which may include a Creator) who promotes a Creator’s Products in exchange for compensation or a revenue share, in accordance with the Affiliate Terms.
2(b) “Affiliate Program” means a commission- or compensation-based promotion program operated by a Creator on the Platform.
2(c) “Buyer” means a User who purchases or attempts to purchase a Product through the Platform.
2(d) “Cope” means Cope Global LLC, a Delaware limited liability company, and its successors and permitted assigns. References to actions, authorities, or obligations of “Cope” refer to Cope Global LLC only.
2(e) “Cope Parties” means Cope, its affiliates, and each of their respective officers, directors, members, managers, employees, agents, and licensors.
2(f) “Creator” means a User authorized by Cope to list, market, sell, and deliver Products through the Platform.
2(g) “Fee Schedule” means the fees and rates posted by Cope at [URL], as updated from time to time.
2(h) “Platform” has the meaning set forth in Section 1(a).
2(i) “Product” has the meaning set forth in Section 1(a).
2(j) “Transaction” means a Buyer’s completed purchase of a Product through the Platform.
2(k) “User” means any person or entity who accesses or uses the Platform, including a Buyer, a Creator, and an Affiliate.
2(l) “User Content” means any content uploaded, transmitted, posted, or otherwise made available by a User through the Platform, including Product information, descriptions, images, video, audio, course materials, community posts, reviews, and messages.
The terms “including” and “includes” are non-exclusive. Section headings are for convenience only and do not affect interpretation. References to “applicable law” include the laws and regulations of any jurisdiction the application of which is required by their terms or by mandatory choice-of-law rules.
3(a) Eligibility. The User must be at least eighteen (18) years old (or the age of legal majority in the User’s jurisdiction, whichever is greater) to access or use the Platform.
3(b) Account Information. The User shall provide accurate, current, and complete information during registration and shall keep that information current. The User is responsible for all activity conducted through the User’s account and shall maintain the confidentiality of the User’s credentials. The User shall notify Cope at support@cope.com immediately of any suspected unauthorized access or other security incident affecting the User’s account.
3(c) Linked Accounts. When the User links an external payment account or other third-party account to the Platform, the User represents that the User owns and is authorized to link the account. The User shall comply with the terms of service and acceptable-use policies of any applicable third-party payment service provider when using Platform payment features.
3(d) Identity Verification and KYC. Access to certain Platform features—including the ability to receive payouts and to operate as a Creator or an Affiliate—requires the User to complete identity verification, customer due diligence, sanctions screening, and other compliance checks required by Cope, by Cope’s third-party payment service providers, or by applicable law (collectively, “KYC Requirements”). If the User fails to satisfy the KYC Requirements, or if Cope or any payment service provider subsequently withdraws acceptance of the User’s account, Cope may, in its discretion, suspend or terminate the User’s access to specific Platform features or to the Platform as a whole, withhold payouts, and instruct payment service providers to hold or return funds in accordance with the Creator Terms and applicable law.
3(e) Sanctions and Export Controls. The User represents and warrants that the User: (i) is not located in, organized under the laws of, or ordinarily resident in any country or territory subject to comprehensive U.S., EU, U.K., or other applicable sanctions; (ii) is not identified on any sanctions or restricted-party list maintained by the U.S. government (including the Office of Foreign Assets Control), the EU, the U.K., or other applicable authority; and (iii) shall comply with all applicable sanctions and export control laws in connection with the Platform.
3(f) Authority of Entity Users. A User registering on behalf of an entity represents that the User is authorized to bind that entity to these Terms. References to “User” include the entity on whose behalf the User registers.
3(g) One Account. The User may not maintain more than one Cope account except with Cope’s prior written consent. A User whose account has been suspended or terminated for cause may not create a new account using a different name, email address, payment method, device, or other identifier without Cope’s prior written consent.
4(a) General. The User shall use the Platform in compliance with these Terms, the Ancillary Policies, the other Platform Agreements applicable to the User’s role, and all applicable laws.
4(b) Prohibited Conduct. The User shall not, and shall not permit any other person to:
4(c) Community Guidelines. Cope publishes Community Guidelines describing prohibited conduct on the Platform, including in any community feature operated by a Creator. The Community Guidelines are incorporated into these Terms by reference. Cope operates a notice-and-action mechanism through which any person may report content that the person believes violates these Terms, the Community Guidelines, or applicable law, as further described in Section 4(e) and the Community Guidelines. Where User Content is published through real-time features (including livestream, real-time chat, and similar ephemeral channels), Cope’s moderation of such User Content is necessarily best-effort and does not constitute a guarantee of immediate review or removal.
4(d) Reporting and Enforcement. Cope may, at its discretion and without prior notice, investigate, suspend, restrict, remove, or terminate access to any User Content, account, or Product that Cope determines, acting reasonably, may violate these Terms, an Ancillary Policy, applicable law, or the rights of any third party. Cope’s failure to take any such action does not waive any right. Cope’s exercise of the rights in this Section 4(d) is subject to the statement-of-reasons procedure in Section 4(e).
4(e) Cope’s Role as Host; Notice-and-Action; Statement of Reasons. Cope acts as a host of User Content and is not the source, publisher, or speaker of User Content provided by Users. Cope maintains a mechanism, as described on the Platform, through which any person may submit a notice alleging that specific User Content is illegal under applicable law or in violation of these Terms or any Ancillary Policy. A notice should include a sufficiently precise and adequately substantiated description of the alleged illegality or violation; identification of the User Content, including the location at which the User Content appears; the notice-submitter’s contact information; and a statement of good-faith belief in the accuracy of the notice. Where Cope restricts User Content (including by removal, demotion, or other limitation), or suspends or terminates an account, Cope shall provide the affected User with a statement of reasons that identifies the restriction, the facts and circumstances relied on, whether the decision was based on these Terms, an Ancillary Policy, applicable law, or a notice received under this Section 4(e), and information on any redress mechanisms available to the User. Cope may withhold or limit the statement of reasons to the extent necessary to comply with applicable law, to protect an ongoing investigation, or to protect the safety of any person.
4(f) Repeat Violator Policy. Cope may, in its reasonable discretion and in appropriate circumstances, suspend or terminate the accounts of Users that Cope determines have repeatedly violated these Terms, the Community Guidelines, the Prohibited Products & Services Policy, or any other Ancillary Policy. This Section 4(f) operates in addition to, and not in place of, Cope’s repeat-infringer policy under Section 14(d), which addresses repeat infringement of intellectual property rights under the Digital Millennium Copyright Act.
4(g) Anti-Circumvention. The integrity of the Platform depends on Transactions, customer relationships, and commercial dealings initiated or facilitated through the Platform remaining on the Platform. Accordingly, in addition to the prohibition in Section 4(b)(ix), a User shall not use the Platform to acquire, develop, or maintain a Buyer, Creator, Affiliate, or other commercial relationship for the purpose of completing or continuing that relationship outside the Platform in a manner designed to circumvent fees owed to Cope, evade Platform commercial terms, or otherwise disintermediate Cope from the relationship. No agreement between Users, between a User and any third party, or under a User’s own terms of service, community rules, end-user license, or other instrument limits, waives, or reallocates Cope’s rights, remedies, or discretion under these Terms or any Ancillary Policy, and a User may not by contract or otherwise purport to restrict Cope’s ability to enforce these Terms or the Ancillary Policies or to exercise its rights under Sections 4(d), 4(e), and 4(f). Cope has no obligation to monitor, enforce, or adjudicate any dispute arising under a User’s own terms, community rules, or end-user license. This Section 4(g) does not limit any non-waivable right of a Buyer or other User under applicable consumer-protection or other mandatory law.
5(a) Cope’s Rights in the Platform. As between Cope and the User, Cope and its licensors retain all right, title, and interest, including all intellectual property rights, in and to the Platform and all software, technology, content, design elements, trademarks, service marks, and trade names of Cope or its licensors associated with the Platform (collectively, the “Cope IP”). Except for the limited rights expressly granted in these Terms, no rights in the Cope IP are conveyed to the User. The Cope name, the Cope logo, and product or service names associated with the Platform are trademarks of Cope or its licensors. The User may not use any Cope trademark without Cope’s prior written consent.
5(b) License to the User. Subject to the User’s compliance with these Terms, Cope grants the User a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Platform during the term of these Terms solely for the User’s permitted use. This license terminates automatically upon termination or suspension of the User’s account or these Terms.
5(c) User Content; License to Cope. The User retains all right, title, and interest in and to User Content uploaded or otherwise made available by the User. The User grants Cope a worldwide, royalty-free, non-exclusive, sublicensable, transferable license to host, store, cache, reproduce, modify (for formatting and technical purposes), prepare derivative works of, distribute, transmit, publicly display, and publicly perform the User Content solely as necessary to: (i) operate, maintain, secure, and improve the Platform; (ii) perform the services described in these Terms and the other Platform Agreements; (iii) market and promote the Platform and the Products offered through the Platform, including through advertising and promotional channels on and off the Platform; and (iv) comply with applicable law. The license granted under this Section 5(c) does not transfer ownership of any User Content. The license survives termination of these Terms with respect to User Content that has been distributed or sublicensed prior to termination, to the extent reasonably necessary to honor outstanding distributions or sublicenses.
5(d) Product Ownership and Licenses. Title and ownership in physical goods sold through the Platform transfer from the Creator to the Buyer on delivery, subject to applicable law and the terms of the applicable Transaction. Digital products (including courses, software access, subscription services, and community access) are licensed, not sold, on terms further described in the Buyer Terms and any Creator-specified license terms applicable to the Product. Cope is not a party to the sale or license of any Product except as expressly stated in these Terms, the Buyer Terms, or the Creator Terms.
5(e) User Content Disclaimer. Cope does not pre-screen User Content and is not responsible for User Content posted by other Users. Cope is an interactive computer service provider within the meaning of 47 U.S.C. § 230(f), and is not the publisher or speaker of any User Content, including User Content posted in any Creator-operated community feature, livestream, chat, or comment thread. Cope may, but is not obligated to, monitor User Content for compliance with these Terms, the Community Guidelines, the Prohibited Products & Services Policy, and applicable law. Cope may remove, edit, block, or restrict access to any User Content at any time, with or without notice, where Cope determines, acting reasonably, that the content violates these Terms or an Ancillary Policy or is otherwise objectionable. Cope’s election to remove (or not remove) particular content does not constitute endorsement of any User Content or assumption of liability for User Content.
5(f) Feedback. If the User provides any suggestion, comment, idea, or feedback regarding the Platform (collectively, “Feedback”), the User grants Cope a perpetual, irrevocable, royalty-free, fully paid, sublicensable, transferable license to use, exploit, and commercialize the Feedback for any purpose, without compensation, attribution, or other obligation to the User.
The Privacy Policy at https://cope.com/privacy describes how Cope processes personal data in connection with the Platform and is incorporated into these Terms by reference. The Privacy Policy includes Cope’s contact information for data-protection inquiries, Cope’s designation of a representative for purposes of European Union data-protection law (where applicable), and the User’s choices and rights with respect to electronic communications from Cope.
7(a) Right to Modify. Cope may modify these Terms, the other Platform Agreements, and the Ancillary Policies from time to time. Cope will provide notice of material modifications by posting the updated document with a revised “Last Updated” date and, where Cope determines appropriate or where required by law, by email to the address associated with the User’s account or by in-Platform notice.
7(b) Effective Date and Continued Use. Modifications become effective on the date stated in the updated document or, if no date is stated, upon posting. The User’s continued access to or use of the Platform after the effective date constitutes acceptance of the modified document. If the User does not accept the modifications, the User must cease using the Platform and may terminate the User’s account in accordance with Section 8.
7(c) No Retroactive Application; Material Changes. Cope will not apply modifications retroactively to a Dispute (as defined in Section 12) of which Cope had received written notice prior to the effective date of the modification. With respect to any modification that materially adversely affects a User’s substantive rights or obligations, the modification will become effective with respect to that User no earlier than thirty (30) days after notice of the modification is provided.
8(a) Termination by the User. The User may terminate the User’s account at any time by following the deletion procedure published in the Cope Help Center or by emailing support@cope.com. Termination by the User does not relieve the User of obligations that accrued before termination.
8(b) Termination by Cope. Cope may suspend, restrict, or terminate the User’s access to all or part of the Platform, with or without notice and at Cope’s discretion, where Cope determines that the User has violated these Terms, an Ancillary Policy, or another Platform Agreement applicable to the User; where required by a third-party payment service provider or applicable law; where Cope reasonably determines that the User’s continued use poses a risk to Cope, other Users, or third parties; or for any other reason that Cope determines in good faith. A User who has been suspended or terminated for cause may contact Cope at support@cope.com to request review; Cope is not obligated to reinstate any account.
8(c) Effects of Termination. Upon termination of the User’s account by Cope:
8(d) Funds Remaining After Termination. Following termination, any remaining funds held with third-party payment service providers on the User’s behalf will be handled in accordance with the providers’ policies, applicable law (including unclaimed-property and escheatment laws), and the Creator Terms.
8(e) Survival. Sections 2 (Definitions), 5 (Intellectual Property) (other than license grants that terminate by their express terms), 8 (Termination), 9 (Disclaimers), 10 (Limitation of Liability), 11 (Indemnification), 12 (Dispute Resolution and Governing Law), 13 (General Provisions), 14 (Reporting Third-Party Intellectual Property Infringement), and any other provision that by its nature should survive, will survive termination of these Terms.
9(a) AS IS. EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE PLATFORM AND ALL MATERIALS, CONTENT, AND SERVICES MADE AVAILABLE THROUGH THE PLATFORM ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, OR ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
9(b) No Performance Warranty. COPE DOES NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE, OR FREE OF VIRUSES OR OTHER HARMFUL CODE, OR THAT ANY ERROR WILL BE CORRECTED.
9(c) Products Provided by Creators. PRODUCTS ARE PROVIDED SOLELY BY CREATORS. COPE FACILITATES TRANSACTIONS THROUGH THE PLATFORM AS DESCRIBED IN THE OTHER PLATFORM AGREEMENTS. COPE DOES NOT MANUFACTURE, CREATE, OR INSPECT ANY PRODUCT, AND DOES NOT WARRANT ANY PRODUCT’S QUALITY, FUNCTIONALITY, FITNESS, ACCURACY, LEGAL COMPLIANCE, OR DELIVERY. ANY DISPUTE CONCERNING A PRODUCT IS A MATTER BETWEEN THE BUYER AND THE APPLICABLE CREATOR, SUBJECT TO THE BUYER’S RIGHT TO USE COPE’S RESOLUTION CHANNELS AS DESCRIBED IN THE BUYER TERMS AND THE REFUND & CHARGEBACK POLICY.
9(d) No Advice. NO COMMUNICATION OR INFORMATION FROM COPE OR THROUGH THE PLATFORM CONSTITUTES LEGAL, TAX, FINANCIAL, INVESTMENT, REGULATORY, OR OTHER PROFESSIONAL ADVICE.
9(e) Mandatory Statutory Rights. Nothing in this Section 9 limits or excludes any warranty, condition, or remedy that applicable law makes mandatory and non-excludable.
10(a) No Indirect Damages. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE COPE PARTIES BE LIABLE TO THE USER OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, GOODWILL, BUSINESS OPPORTUNITY, DATA, OR USE, ARISING OUT OF OR RELATING TO THESE TERMS, THE PLATFORM, OR ANY PRODUCT, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT COPE WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
10(b) Aggregate Cap. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COPE PARTIES’ AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS, THE PLATFORM, OR ANY PRODUCT WILL NOT EXCEED THE GREATER OF (I) THE TOTAL FEES THE USER PAID TO COPE IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM AND (II) ONE HUNDRED U.S. DOLLARS (US$100).
10(c) Limitations Period. EXCEPT WHERE APPLICABLE LAW PROVIDES A SHORTER PERIOD THAT MAY NOT BE WAIVED, ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS, THE PLATFORM, OR ANY PRODUCT MUST BE BROUGHT WITHIN ONE (1) YEAR AFTER THE EVENT GIVING RISE TO THE CLAIM. CLAIMS NOT BROUGHT WITHIN THAT PERIOD ARE PERMANENTLY WAIVED.
10(d) Mandatory Statutory Rights. Nothing in this Section 10 limits the liability of any Cope Party for fraud, willful misconduct, gross negligence, death or personal injury caused by negligence, or any other liability that applicable law makes non-excludable.
10(e) Allocation of Risk. The User acknowledges that the limitations and exclusions in this Section 10 reflect the allocation of risk between Cope and the User. The limitations and exclusions in this Section 10 will apply notwithstanding the failure of any limited remedy of its essential purpose.
11(a) Indemnity. The User shall defend, indemnify, and hold harmless the Cope Parties from and against any third-party claim, demand, action, proceeding, liability, damage, fine, penalty, loss, cost, or expense (including reasonable attorneys’ fees) arising out of or relating to: (i) the User’s breach of these Terms; (ii) the User’s intentional misconduct, gross negligence, or willful violation of applicable law in connection with the User’s use of the Platform; or (iii) the User’s infringement, misappropriation, or violation of any intellectual property right, privacy right, publicity right, or other right of any third party, including through the User’s User Content.
11(b) Procedure. Cope will promptly notify the User of any claim subject to indemnification under this Section 11. Cope may, in its discretion, assume the exclusive defense and control of any matter for which the User is required to indemnify the Cope Parties, in which case the User shall reasonably cooperate with Cope’s defense at the User’s expense. The User may not settle any claim subject to this Section 11 without Cope’s prior written consent if the settlement requires any admission or imposes any obligation on, or restricts the rights of, any Cope Party.
11(c) Mandatory Statutory Rights. Where applicable law restricts the enforceability of an indemnity by a consumer, this Section 11 applies to the maximum extent permitted by law.
THIS SECTION 12 CONTAINS A MANDATORY ARBITRATION AGREEMENT, A CLASS ACTION AND JURY TRIAL WAIVER, AND A 30-DAY OPT-OUT PROCEDURE. PLEASE READ CAREFULLY. NOTHING IN THIS SECTION 12 LIMITS A CONSUMER’S NON-WAIVABLE RIGHTS UNDER THE LAW OF THE COUNTRY IN WHICH THE CONSUMER HABITUALLY RESIDES, INCLUDING THE RIGHT TO BRING PROCEEDINGS IN THE COURTS OF SUCH COUNTRY.
12(a) Governing Law. These Terms, and any non-contractual obligations arising out of or relating to these Terms, the Platform, or any Product, are governed by the laws of the State of Delaware, without regard to its conflict-of-law rules, except that the Federal Arbitration Act, 9 U.S.C. §§ 1 et seq. (the “FAA”), governs the interpretation and enforcement of the arbitration provisions of this Section 12. Application of the United Nations Convention on Contracts for the International Sale of Goods is excluded.
12(b) Informal Dispute Resolution. Before commencing arbitration, the User shall give Cope at least sixty (60) days’ written notice at legal@cope.com describing (i) the User’s name and account email, (ii) the dispute, and (iii) the relief sought. Cope will respond to the email associated with the User’s account. Statutes of limitations are tolled during this informal period.
12(c) Mandatory Arbitration. Subject to Sections 12(d), 12(g), and 12(h), any dispute, claim, or controversy arising out of or relating to these Terms, the Platform, any Product, or the relationship between Cope and the User, regardless of when arising (each, a “Dispute”), that is not resolved informally will be resolved by final and binding arbitration administered by National Arbitration and Mediation (“NAM”) under NAM’s Comprehensive Dispute Resolution Rules and Procedures and, where applicable, NAM’s Supplemental Rules for Mass Arbitration Filings (collectively, the “NAM Rules”). The arbitration is conducted by videoconference unless the arbitrator otherwise directs. The arbitrator has exclusive authority to resolve the Dispute, including any question regarding the existence, scope, validity, or enforceability of these Terms or this Section 12, except that a court of competent jurisdiction has exclusive authority to determine the enforceability of the class and representative action waiver in Section 12(e) and to grant injunctive relief preserving the status quo pending arbitration.
12(d) 30-Day Consumer Opt-Out. A User who is a consumer may opt out of the arbitration agreement in this Section 12 by sending written notice to legal@cope.com within thirty (30) days after the User first creates a Cope account. The opt-out notice must include the User’s name, the email address associated with the User’s account, and an unambiguous statement that the User is opting out of arbitration. A User who validly opts out is not bound by Sections 12(c), 12(e), or 12(f), and may resolve Disputes in any court of competent jurisdiction subject to Sections 12(a) and 12(i).
12(e) Class and Jury Trial Waivers. Disputes must be brought on an individual basis only. The User and Cope each waive any right to bring or participate in any Dispute as a plaintiff, claimant, or class member in any purported class, consolidated, collective, or representative proceeding (other than a permissible mass arbitration administered under the NAM Rules in accordance with Section 12(f)). The arbitrator may not consolidate proceedings or award class, collective, or representative relief. The User and Cope each knowingly and voluntarily waive any right to a trial by jury in any action, proceeding, or counterclaim relating to a Dispute. Any request for public injunctive relief is severed from arbitration and must be litigated in a court of competent jurisdiction after arbitration of the underlying claim.
12(f) Mass Arbitration; Fee Allocation. If twenty-five (25) or more substantively similar arbitration claims are filed by or on behalf of Users represented by the same or coordinated counsel within a ninety (90)-day period, the claims will be administered as a mass filing in batches of up to fifty (50) claimants each under NAM’s Mass Filing Rules. Cope will pay all NAM filing and arbitrator fees attributable to a Dispute brought by a User who is a consumer where the amount in controversy is less than ten thousand U.S. dollars (US$10,000), unless the arbitrator determines that the claim is frivolous. For other Disputes, fees are allocated as provided under the NAM Rules. Each party bears its own attorneys’ fees and costs except as the arbitrator may otherwise award where authorized by applicable law.
12(g) Exceptions. Either party may bring (i) an individual claim in a small-claims court of competent jurisdiction if the claim qualifies and remains in small-claims court, or (ii) an action in a court of competent jurisdiction seeking injunctive or other equitable relief to protect intellectual property rights or to enforce Cope’s rights under Section 4 (Acceptable Use).
12(h) EU/UK Savings Clause. Nothing in this Section 12 limits, deprives, or otherwise prejudices the rights of a User who is a consumer habitually resident in the European Union, the European Economic Area, the United Kingdom, or Switzerland under any non-waivable provision of the law of the country in which the consumer habitually resides. Such a consumer retains the right to bring proceedings in, and to be sued in, the courts of the country of the consumer’s habitual residence in accordance with applicable consumer-protection law (including, where applicable, Articles 17 to 19 of Regulation (EU) No 1215/2012 (Brussels I Recast) and Article 6 of Regulation (EC) No 593/2008 (Rome I)). The mandatory protections of the law of the country of the consumer’s habitual residence apply notwithstanding the choice of Delaware law in Section 12(a).
12(i) Venue for Non-Arbitrable Matters. For any Dispute not subject to arbitration under this Section 12, exclusive venue lies in the state or federal courts located in New Castle County, Delaware, subject to Section 12(h). The User and Cope each consent to personal jurisdiction in those courts.
12(j) Severability. If any portion of this Section 12 is held to be unenforceable, the remainder continues in effect; but if Section 12(e) is held unenforceable in a manner that would permit class arbitration or a class action, the entirety of this Section 12 is unenforceable.
13(a) Entire Agreement. These Terms, together with the other Platform Agreements applicable to the User’s role and the Ancillary Policies, constitute the entire agreement between Cope and the User with respect to the subject matter hereof and supersede all prior or contemporaneous agreements, communications, or understandings, written or oral, between Cope and the User.
13(b) Order of Precedence. In the event of a conflict among these Terms, another Platform Agreement, and an Ancillary Policy with respect to a particular use of the Platform, the order of precedence is: (i) the more specific Platform Agreement applicable to the User’s role with respect to the conflicting matter (Buyer Terms, Creator Terms, or Affiliate Terms); (ii) the applicable Ancillary Policy; and (iii) these Terms. Notwithstanding the foregoing, the provisions of these Terms governing dispute resolution, governing law, intellectual property ownership, limitation of liability, and indemnification take precedence over any conflicting provision in any Ancillary Policy.
13(c) Severability. If any provision of these Terms is held by a court or arbitrator of competent jurisdiction to be invalid or unenforceable, that provision will be enforced to the maximum extent permitted, and the remaining provisions will continue in full force and effect.
13(d) No Waiver. No failure or delay by Cope in exercising any right under these Terms operates as a waiver of that right. A waiver is effective only if in writing and signed by Cope.
13(e) Assignment. The User may not assign or transfer these Terms or any rights or obligations under them without Cope’s prior written consent. Cope may assign or transfer these Terms (in whole or in part) without restriction. Any purported assignment in violation of this Section 13(e) is void.
13(f) Relationship of the Parties. Cope and the User are independent contractors. These Terms do not create any partnership, joint venture, agency, fiduciary, or employment relationship between Cope and the User, except as expressly stated in any other Platform Agreement applicable to the User’s role.
13(g) Third-Party Beneficiaries. These Terms do not confer any rights or remedies on any person other than Cope and the User, except that the Cope Parties are intended third-party beneficiaries of Section 9 (Disclaimers), Section 10 (Limitation of Liability), Section 11 (Indemnification), and Section 14 (Reporting Third-Party Intellectual Property Infringement), and may enforce those Sections directly.
13(h) Force Majeure. Cope is not liable for any delay or failure to perform under these Terms to the extent caused by an event beyond Cope’s reasonable control, including acts of God, natural disaster, war, terrorism, civil disturbance, labor disturbance, governmental action, internet or telecommunications outage, or failure of a third-party service provider.
13(i) EU Legal Representative under the Digital Services Act. For purposes of Article 13 of Regulation (EU) 2022/2065 (the “Digital Services Act”), Cope has designated [DSA Article 13 Legal Representative — to be designated]. The contact information for the representative is published on cope.com/legal.
13(j) Notices; Contact. Cope may provide notices to the User by email to the address associated with the User’s account, by in-Platform notification, or by posting on the Platform. The User shall send notices to Cope at legal@cope.com or by mail to Cope Global LLC, 1521 Concord Pike, Suite 201, Wilmington, DE 19803, United States of America, unless these Terms specify a different channel for a particular type of notice.
13(k) Electronic Signatures and Records. The User consents to the use of electronic signatures, electronic contracts, and electronic records in connection with these Terms and the User’s use of the Platform. Electronic acceptance, including by clicking an “accept” button or analogous mechanic, is binding to the same extent as a handwritten signature.
13(l) Headings; Interpretation. Section headings are for convenience only and do not affect the interpretation of these Terms. The rule of construction that ambiguity is resolved against the drafting party does not apply.
13(m) Mobile App Store Notices.
13(m)(i) Apple App Store. To the extent the User accesses the Platform through an iOS application made available on the Apple App Store, the User acknowledges that: (A) these Terms are concluded between the User and Cope only, and not with Apple Inc. (“Apple”); (B) Apple is not responsible for the Platform or the iOS application or any content thereof; (C) Apple has no obligation to provide maintenance or support for the iOS application; (D) in the event of any failure of the iOS application to conform to any applicable warranty, the User may notify Apple, and Apple will refund the purchase price (if any) of the iOS application to the User, and to the maximum extent permitted by law, Apple has no other warranty obligation with respect to the iOS application; (E) Apple is not responsible for addressing any claim by the User or any third party relating to the iOS application or the User’s use of it; and (F) Apple and its subsidiaries are third-party beneficiaries of these Terms with respect to the iOS application and have the right to enforce these Terms against the User as to such use.
13(m)(ii) Google Play Store. To the extent the User accesses the Platform through an Android application made available on Google Play, the User acknowledges that these Terms are concluded between the User and Cope only, and not with Google LLC or its affiliates (“Google”). Google is not responsible for the Platform, the Android application, or any content thereof, and is not responsible for addressing any claim by the User or any third party relating to the Android application or the User’s use of it.
13(n) Jurisdictional Savings. Nothing in these Terms operates to exclude, restrict, or modify the application of any provision of law of the jurisdiction in which the User is habitually resident or established that may not lawfully be excluded, restricted, or modified by agreement, and these Terms are subject to any such non-waivable provision. To the extent any provision of these Terms is or becomes unenforceable against a User by reason of such a non-waivable provision of applicable law, that provision is, as to that User and that jurisdiction only, modified to the minimum extent necessary to comply with the applicable law, and the remainder of these Terms continues in full force and effect. This Section 13(n) applies to all of these Terms, including without limitation the provisions governing suspension and termination, holds and clawbacks, marketing communications, and indemnification.
13(o) Accessibility. Cope is committed to making the Platform accessible to the widest possible audience, including people with disabilities. Cope works to conform to applicable accessibility standards, including the Web Content Accessibility Guidelines (WCAG) 2.2 at the AA level, and takes into account the requirements of the Americans with Disabilities Act (ADA) and the European Accessibility Act (EAA). Accessibility is an ongoing effort, and Cope continues to improve the Platform over time. If the User encounters a barrier to accessing any part of the Platform, or needs a reasonable accommodation, the User may contact Cope at support@cope.com so that Cope can assist and address the issue. Cope welcomes feedback on the accessibility of the Platform.
14(a) Reporting Copyright Infringement under the DMCA. Cope respects the intellectual property rights of others and expects Users to do the same. If a person (or an authorized agent of a person) believes that material on the Platform infringes the person’s copyright, the person may submit a notification under the Digital Millennium Copyright Act (“DMCA”) to Cope’s designated copyright agent at copyright@cope.com or by mail to: Cope Global LLC, Attention: Copyright Agent, 1521 Concord Pike, Suite 201, Wilmington, DE 19803, United States of America.
14(b) Required Elements of a DMCA Notice. To be effective under 17 U.S.C. § 512(c)(3), a DMCA notification must include substantially the following:
Cope will respond to properly formatted notifications by removing or disabling access to the allegedly infringing material and notifying the User responsible for the material, in each case as required by law.
14(c) Counter-Notification. If a User believes that material removed or disabled was removed or disabled in error or as a result of misidentification, the User may submit a counter-notification under 17 U.S.C. § 512(g) to copyright@cope.com or by mail to the address in Section 14(a). A counter-notification must include substantially:
Upon receipt of a valid counter-notification, Cope will follow the procedures set forth in 17 U.S.C. § 512(g).
14(d) Repeat Infringer Policy. In accordance with 17 U.S.C. § 512(i), Cope will, in appropriate circumstances, terminate the accounts of Users that Cope determines to be repeat infringers of intellectual property rights.
14(e) Misrepresentation Liability. Under 17 U.S.C. § 512(f), any person who knowingly materially misrepresents that material or activity is infringing, or that material or activity was removed or disabled by mistake or misidentification, may be liable for damages, including costs and attorneys’ fees incurred by Cope, the alleged infringer, or the copyright owner’s licensee, in connection with the misrepresentation.
14(f) Other Intellectual Property Claims. For non-copyright intellectual property claims, including claims of trademark or trade-secret infringement, notices may be sent to legal@cope.com with a description of the claim, identification of the User and material at issue, and the complainant’s contact information. Cope will review and respond to such notices consistent with applicable law. Notices alleging trademark infringement on a Creator’s Product listing should be directed first to the Creator; Cope may, at its discretion, facilitate communication between the complainant and the Creator.
