Terms of Service

Effective Date: October 1, 2024 — Last Updated: October 1, 2024

This binding legal contract governs use of Cuckoo's services at www.cuckoo.so across all platforms. Users must carefully review both this agreement and the Privacy Policy before using the Services. Acceptance occurs through use, and disagreement means non-use is required.

Users must be 18+, emancipated minors, or have parental consent. Services are controlled from US facilities, with users responsible for local law compliance when accessing from other jurisdictions. No third-party rights exist and no agency, partnership, or employment relationship is created.

1. General Use Permissions and Restrictions

Cuckoo grants revocable, non-transferable, non-exclusive permission for service access under specified conditions. Prohibited activities include: distribution of Services, Content, or User Submissions without written authorization; alteration or modification of any service component; unauthorized access to submissions or content; and commercial use without express approval.

No automated systems (robots, spiders, offline readers) sending excessive requests are permitted. Public search engines may index materials for searchable indices only. No harvesting of personally identifiable information, commercial solicitation, impersonation, or harassment of other users is allowed. Cuckoo reserves the right to discontinue any service aspect anytime.

2. Content Use on Services

Content on the Services — excluding User Submissions — includes text, software, scripts, graphics, files, documents, images, photos, sounds, music, pictures, messages, interactive features, design, and look and feel, plus trademarks and logos. This content is owned by or licensed to Cuckoo under copyright and intellectual property law.

Content is provided “AS IS” for personal, informational use only. Users may not download, copy, reproduce, distribute, transmit, broadcast, display, sell, license, or exploit content without prior written owner consent. Users must not circumvent, disable, or interfere with security features or copy-restriction mechanisms.

3. User Submissions and Conduct

Users may submit comments, information, text, links, graphics, photos, videos, or other materials (“User Submissions”). Cuckoo makes no confidentiality guarantees regarding submissions. Users bear sole responsibility for their submissions and consequences.

Users retain copyright ownership in submissions but grant Cuckoo a perpetual, non-exclusive, fully paid and royalty-free, worldwide license to use, copy, reproduce, process, transmit, excerpt, publish, distribute, publicly display, publicly perform, create derivative works, host, index, cache, tag, encode, modify, and adapt submissions in any form or media.

Users must not submit material copyrighted, trademarked, protected by trade secret or confidentiality, or subject to third-party proprietary rights unless they own such rights or possess owner permission. Cuckoo does not endorse submissions or expressed opinions and disclaims liability.

4. Copyright Infringement

Copyright owners or agents believing content infringes may submit written DMCA notification to the Copyright Agent at legal@cuckoo.so including: physical or electronic signature; identification of allegedly infringed works; identification of infringing material and location; contact information; good faith belief statement; and accuracy statement and perjury declaration.

Users believing removed submissions are non-infringing may send a counter-notice. Upon counter-notice receipt, content may be replaced or access restored in 10-14+ business days at Cuckoo's sole discretion. Cuckoo terminates access privileges for repeat infringers.

5. Warranty Disclaimer

Services, content, user submissions, and available goods, products, and services are provided “AS IS” and “AS AVAILABLE.” To the fullest extent permitted by law, Cuckoo disclaims all express or implied warranties, including merchantability and fitness for particular purpose. Cuckoo makes no accuracy or completeness warranties and assumes no liability for content errors, personal injury, unauthorized server access, transmission interruption, bugs, or third-party malware.

6. Limitation of Liability

Cuckoo bears no liability for any indirect, incidental, special, punitive, or consequential damages from service access or use. The maximum total liability for any claim shall not exceed the actual total amount Cuckoo received from the user for service access or use. Users assume all servicing, repair, or correction costs.

7. Indemnity

Users agree to defend, indemnify, and hold harmless Cuckoo, its managers, members, employees, and agents from all claims, damages, obligations, losses, liabilities, costs, debts, and expenses arising from: user service access and use; agreement term violations; third-party rights violations; and claims that User Submissions caused third-party or Cuckoo damage. This obligation survives agreement termination.

8. Termination Policy

Users may terminate service use anytime. Cuckoo may terminate the agreement or suspend/terminate access anytime for any reason. Agreement rights terminate automatically upon breach. Users remain liable for all obligations even after stopping service use. Cuckoo reserves the right to remove content and terminate user access without prior notice at sole discretion.

9. Third-Party Sites

Services may contain links to non-Cuckoo-owned or controlled third-party websites. Cuckoo has no control over, assumes no responsibility for, and cannot censor third-party site content, privacy policies, or practices. Users expressly relieve Cuckoo of liability arising from third-party website use.

10. Electronic Payment Vendors Notice

Some payments process through Stripe or other electronic payment vendors. The user-vendor relationship is separate from the Cuckoo relationship and governed by the vendor's terms and conditions. Cuckoo bears no responsibility for third-party payment processor actions or omissions.

11. Submissions and Privacy

Any submitted ideas, creative suggestions, designs, photographs, information, advertisements, data, or proposals automatically become Cuckoo's non-confidential, non-proprietary property without compensation or credit. Cuckoo and affiliates may use contained ideas for any purposes in any medium perpetually.

12. Promotions

Cuckoo may include contests, promotions, sweepstakes, or activities requiring material or information submission. Separate rules may govern Promotions with eligibility requirements. Participation requires compliance with all Promotion Rules.

13. Typographical Errors

Incorrect product/service pricing or information due to typographical error gives Cuckoo the right to refuse or cancel orders, whether confirmed or credit card charged. If already charged, immediate credit refunds result.

14. Users Under 13 Years of Age

Services are not directed to persons under 13. Cuckoo does not knowingly collect under-13 personal information and removes it upon discovery. Contact legal@cuckoo.so if your child provided data without consent.

15. Assignment

Users cannot transfer or assign this agreement or granted rights and licenses. Cuckoo may assign without restriction.

16. General

Service use constitutes consent to receiving electronic communications. Electronic notice, agreement, disclosure, or communication satisfies legal writing requirements.

17. Applicable Law

This agreement is governed by Idaho's internal substantive laws without regard to conflict of laws principles. By accessing Services, parties consent to Idaho jurisdiction.

18. Agreement to Arbitrate

This section applies to all disputes except those relating to injunctive or equitable relief claims regarding intellectual property enforcement or validity. A Notice of Dispute is a written statement sent to legal@cuckoo.so. Parties attempt resolution through informal negotiation within 60 days. After 60 days, either party may commence arbitration.

Unresolved disputes proceed exclusively to binding arbitration per American Arbitration Association commercial arbitration rules in Boise, Idaho. Users give up litigation rights before judges or juries. Parties agree to bring individual claims only, not class or representative actions. Arbitrators cannot consolidate multiple claims or preside over class proceedings.

19. Severability

This agreement, the Privacy Policy, and other published legal notices constitute the entire agreement. Invalid provisions don't affect remaining provision validity. Causes of action must commence within one year of accrual, or are permanently barred.

20. Privacy Policy

The Privacy Policy addresses personal information collection, use, and disclosure, detailing compliance with GDPR, UK GDPR, EU-U.S. DPF, Swiss-U.S. DPF, CCPA, CPRA, and other applicable privacy laws.

21. Anti-Bribery and Export Compliance

Users will not use, resell, distribute, transfer, provide, sublicense, share, or offer Services in violation of laws or this agreement, including the United States Foreign Corrupt Practices Act. Users will not knowingly export or transfer Services to prohibited destinations, persons, entities, or end users under US law without prior authorization.

22. Force Majeure

If Cuckoo cannot perform obligations due to acts beyond reasonable control — including severe natural disasters, strikes, war, riots, terrorism, epidemics, pandemics, governmental acts, or utility/communications interruptions — Cuckoo bears no liability for resulting costs or damages.

23. Fair Use Policy

Unless otherwise agreed in writing, unlimited send plans are subject to fair usage limits for interpretation hours. Excessive usage triggers automatic plan upgrade. Users must contact support@cuckoo.so to request downgrades.

Card-on-file will automatically be charged recurring renewal fees unless the plan is cancelled. Annual plans receive 30 days' notice before automatic renewal charging. Users must notify Cuckoo of card-on-file changes.

24. Changes

Cuckoo may change or update this agreement anytime. Material changes trigger notification. Changes are immediately effective upon posting. Continued service use signifies continuing agreement consent.

25. Additional Terms and Conditions

Additional terms and conditions may apply to additional Services use or access, becoming part of this agreement by reference. Conflicting terms prioritize additional service terms.

26. Contact Us

Questions, comments, or abuse reports should be sent to legal@cuckoo.so.