Terms of Service
1. Our Services
CopyFoundry is a brand positioning and copywriting library for marketers and builders. You can see how the best companies wrote copy at your stage, track competitor copy and positioning shifts, and make landing page writing much easier.The materials available on and/or made available to you on your Website (the “Licensed Material”) are curated from various sources from time to time to ensure that they are reasonably up-to-date.
2. Limitations of Use
2.1 Who can use CopyFoundry
You may use our Services only if you can form a binding contract with CopyFoundry, and you agree to comply with these Terms and all applicable laws. When you create your CopyFoundry account, you must provide us with accurate and complete information. Any use or access by anyone under the age of 18 is prohibited. If you open an account on behalf of a company, organization, or other entity, you represent and warrant that you have the authority to bind such company, organization or other entity to these Terms. The use of “you” or “your” in these Terms refers to, and includes, you and if applicable, the company, organization or entity you represent. You represent and warrant that you are authorized to grant all permissions and licenses provided in these Terms.
2.2 Limitations of Use
Please read the following limitations and restrictions carefully. Any breach of the limitations and/or restrictions set out in these Terms may result, at CopyFoundry’s sole discretion, in the termination of your access to the Website and Service, and you may be exposed to civil and/or criminal liability.By using the Website, you warrant on behalf of yourself, your users, and other parties you represent that you will not:
- modify, copy, prepare derivative works of, decompile, or reverse engineer any materials and software contained on this Website;
- introduce any code or device intended to interfere with or having the effect of interfering adversely with, the operation of any hardware or software, including any bugs, worms, logic bombs, trojan horses, viruses, or any other self-propagating or other such programs that may infect or cause damage to the Service or CopyFoundry’s systems or otherwise
- remove any copyright or other proprietary notations from any materials and software on this Website;
- transfer the materials to another person or “mirror” the materials on any other server without CopyFoundry’s prior express written consent;
- knowingly or negligently use this Website or any of its associated services in a way that abuses or disrupts our networks or any other service CopyFoundry provides;
- use this Website or its associated services to transmit or publish any harassing, indecent, obscene, fraudulent, or unlawful material;
- use this Website or its associated services in violation of any applicable laws or regulations;
- use this Website in conjunction with sending unauthorized advertising or spam;
- harvest, collect, or gather user data without the user’s consent;sell, license, or exploit for any commercial purposes any use of or access to the content of the Service and/or the Website;
- use this Website or its associated services in such a way that may infringe the privacy, intellectual property rights, or other rights of third parties;
- unauthorized use of any scraper, robot, bot, spider, crawler or any other automated device or means to access, acquire, copy or monitor any portion of the Website and Licensed Materials, or any data or content found or accessed through the Website; and
- create, store, access, transfer to any third party or otherwise distribute any material which:
-- is unlawful;
-- is or contains material which is harmful, obscene, defamatory, infringes any third party’s rights including any third party’s intellectual property rights;
-- is or contains material which is of a harassing or offensive nature;
-- contains sexually explicit or other offensive material;
-- promotes the use of unlawful violence against a person or property;
-- or is or contains material which is discriminatory based on race, origin, belief, sexual orientation, physical or mental disability, age or any other illegal category; or
--infringes or violates any of these Terms.
3. Accounts and Membership Subscriptions
3.1. Your Account
In registering for an account with us, you must provide truthful and accurate information about yourself. You must safeguard your password (if any is in use) to the Service and keep your account information current. You are advised to use a strong password, i.e. a password that uses a combination of upper and lower case letters, numbers and symbols.Do not share your account details or give others access to your account. Please note that any form of account sharing (i.e. one account used by multiple users) is strictly prohibited. If as and when we detect or have any reasonable cause to suspect any case of account sharing, it shall be deemed as a serious breach of the Terms and we shall have the right to suspend or terminate your account upon confirmation.
3.2. Membership Plans
We offer different categories of membership plans (the “Plan”). The Plans are Starter, Pro, and Enterprise. Depending on the Plan that you are subscribed to, you acknowledge and agree that you are fully aware of the Plan features and the dos and don’ts to the Service.In addition to Clause 3.1, if you are a Pro subscriber, you are not allowed to transfer your Plan to any other individual.The Enterprise Plans work on the basis of “seats”. Notwithstanding Clause 3.1, if you are a subscriber of the Enterprise Plan, the membership features may be assigned and shared among the users within the number of seats currently subscribed thereto.More details about our Plans may be found on
4. Payment Terms
When you purchase our Plan, you expressly authorize us or our third-party payment processor to charge you for such Plan. You represent and warrant that you have the legal right to use all payment methods that you provide to us.
In the event that you fail to pay the full amount owed to us, we may limit your access to the Services, in addition to any other rights or remedies, we may have.
5. Authorization for Recurring Payments
All pricing plans involve recurring fees ([with the exception of the starter plan] each, along with any applicable taxes and other charges are a “Subscription Fee”). Depending on which options you choose, those fees may recur quarterly or yearly thereafter, at the then-current rate. Please note that our fees are subject to change, although we will notify you before we effect any change.
By agreeing to these Terms and purchasing a Plan, you acknowledge that your Plan has recurring payment features and you accept responsibility for all recurring payment obligations prior to cancellation of your Plan by you or CopyFoundry. We (or our third-party payment processor) will automatically charge you in accordance with the term of your Plan (e.g., every quarter or year), on the calendar day corresponding to the commencement of your Plan using the payment information you have provided.
In the event your Plan begins on a day not contained in a later month, your payment method will be charged on such other day as we deem appropriate. For example, if you started a yearly Plan on January 31st 2022, your next payment date is likely to be January 31st 2023, and your payment method would be billed on that date. We may also periodically authorize your payment method in anticipation of applicable fees or related charges.
Your Plan continues until canceled by you or we terminate your access to or use of the Services or the Plan in accordance with these Terms.
Subscription Fees do not include taxes, and you agree to pay all sales/use, gross receipts, value-added, GST, personal property, or other tax (including any interest and penalties) with respect to the transactions and payments under these Terms.
7. Refund Policy
Strictly no refunds will be offered unless required by the law or at CopyFoundry’s sole discretion, if any.
8. Cancellation Policy
You may cancel your Plan any time but please note that such cancellation will only be effective at the end of the then-current Plan period. Unless required by law, you will not receive a refund of any portion of the subscription fee paid for the then-current subscription period at the time of cancellation.
9. Intellectual Property
Given that the Company deals with complex software engineering and creations, we are very cautious with our intellectual property rights (“IPRs”). Please read the following carefully.
9.1. CopyFoundry’s Rights
The intellectual property in the materials contained in this Website are owned by or licensed to CopyFoundry and are protected by applicable copyright and trademarks and other intellectual property rights. The title to, rights, and interest in the intellectual property of CopyFoundry shall remain vested in CopyFoundry or CopyFoundry’s third-party licensors (where relevant).
For all derivative works produced with the use of the Licensed Materials available on our Website or Service made available to you belongs to CopyFoundry. You shall comply to these Terms and respect CopyFoundry’s IPRs.
Without derogating from CopyFoundry’s rights under these Terms or under any applicable law, you are advised that any attempted actual infringement of the intellectual property of CopyFoundry will result in the termination of all your rights under these Terms. Failure to comply with these Terms may result in us taking the necessary actions that we reasonably deem appropriate.
9.2. Your Rights
You are prohibited to use any Licensed Materials that you have downloaded (in any form) for any other purposes that are not ordinarily incidental to our Service, including but not limited to recreating and replicating part of or whole of our Services. It shall be deemed as a serious breach of the Terms and CopyFoundry shall have the right to pursue any legal liabilities in relation to this.
9.3. Copyright Holders’ Rights
Our Website contains screenshots of third parties’ application interface and design (the “Screenshots”). The Screenshots contain images and artwork that are both copyright and trademark protected by their respective owners (“Copyright Holders”). CopyFoundry does not claim to have ownership of any features within these Screenshots, and we solely capture and used the Screenshots purely for the purposes of providing our Service. Citations, images, and paraphrasing may only be published elsewhere in limited extent, and only if crediting the Copyright Holders.
CopyFoundry has adopted and implemented the CopyFoundry Copyright Policy in accordance with the Digital Millennium Copyright Act. It is CopyFoundry’s policy to terminate in appropriate circumstances account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.
Copyright Holders may reach out to us to request for the Screenshots to be removed at: CopyFoundry Inc., PO Box #: 94163 Atlanta, Georgia 30318, or via email to firstname.lastname@example.org
10. User-Generated Content
You retain your intellectual property ownership rights over the content you submit to us for publication on our website. We do not and will never claim ownership of your content, except in cases that we obtain a license from you.
The license you grant us can be terminated at any time by deleting your content or account. However, to the extent that we (or our partners) have used your content in connection with commercial or sponsored content, the license will continue until the relevant commercial or post has been discontinued by us.
11. Disclaimer of liability
Our Website and the materials on our Website are provided on an 'as is' basis and it is solely for reference only. To the extent permitted by law, CopyFoundry makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property, or other violation of rights.
In no event shall CopyFoundry or its suppliers be liable for any consequential loss suffered or incurred by you or any third party arising from the use or inability to use this Website or the materials on this Website, even if CopyFoundry or an authorized representative has been notified, orally or in writing, of the possibility of such damage.
For the purpose of these Terms, “consequential loss” includes any consequential loss, indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, whether under the statute, contract, equity, tort (including negligence), indemnity, or otherwise.
Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
12. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, CopyFoundry SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; OR (C) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL CopyFoundry’S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES EXCEED ONE HUNDRED U.S. DOLLARS (U.S. $100.00), OR THE AMOUNTS PAID OR PAYABLE BY YOU FOR YOUR USE OF THE SERVICES OR PRO SERVICES, WHICHEVER IS THE GREATER.
13.1. Mandatory Arbitration of Disputes
For any dispute you have with CopyFoundry, you agree to first contact us and attempt to resolve the dispute with us informally. If CopyFoundry has not been able to resolve the dispute with you informally, we each agree to resolve any claim, dispute, or controversy (excluding claims in small claims court and claims for injunctive or other equitable relief to prevent (or enjoin) the infringement or misappropriation of our intellectual property rights) arising out of or in connection with or relating to these Terms by binding, individual arbitration and not in a class, representative or consolidated action or proceeding (“Arbitration”). You and CopyFoundry agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of these Terms, and that you and CopyFoundry are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms.
13.2. Conducting Arbitration and Arbitration Rules
The Arbitration will be conducted by the American Arbitration Association ("AAA") under the Commercial Arbitration Rules then in effect for the AAA (“AAA Rules”), except as provided herein. The AAA Rules are available at www.adr.org or by calling 1-800-778-7879. A party who wishes to start arbitration must submit a written Demand for Arbitration to AAA and give notice to the other party as specified in the AAA Rules. The AAA provides a form Demand for Arbitration at www.adr.org. Unless you and CopyFoundry agree otherwise, the arbitration will be conducted in the county where you reside, unless both parties agree to a different location. The parties agree that the arbitrator shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability and scope of this arbitration agreement.
13.3. Arbitration Costs
Each party will be responsible for paying any AAA filing, administrative and arbitrator fees in accordance with AAA Rules, except that CopyFoundry will pay for your reasonable filing, administrative, and arbitrator fees if your claim for damages does not exceed $75,000 and is non-frivolous (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). If we prevail in arbitration we will pay all of our attorneys’ fees and costs and won’t seek to recover them from you.
13.4. Injunctive and Declaratory Relief
Except as provided in Section 12.1 above, the arbitrator shall determine all issues of liability on the merits of any claim asserted by either party and may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. To the extent that you or we prevail on a claim and seek public injunctive relief (that is, injunctive relief that has the primary purpose and effect of prohibiting unlawful acts that threaten future injury to the public), the entitlement to and extent of such relief must be litigated in a civil court of competent jurisdiction and not in arbitration. The parties agree that litigation of any issues of public injunctive relief shall be stayed pending the outcome of the merits of any individual claims in Arbitration.
13.5. Class Action Waiver
ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND CopyFoundry ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. Further, if the parties’ dispute is resolved through Arbitration, the arbitrator may not consolidate another person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this Arbitration section shall be null and void.
With the exception of any of the provisions in Section 12.5 of these Terms (“Class Action Waiver”), if an arbitrator or court of competent jurisdiction decides that any part of these Terms is invalid or unenforceable, the other parts of these Terms will still apply.
You agree to indemnify CopyFoundry and hold harmless CopyFoundry and its employees, officers, directors and agents, as well as all third-party Copyright Holders of the Screenshots from and against all claims, damages, costs, expenses, losses and liabilities (including but not limited to legal costs and expenses on a full indemnity basis) that arise directly or indirectly as a result from:
1. your access to and use of the Licensed Materials and Service;
2. any claim by any third party that its intellectual property rights have been infringed as a result from your use of the Licensed Materials and Service;
3. any claim by any third party that any provision of the Digital Millennium Copyright Act of 1998 has been contravened in respect to copyright resulting from your use of the Licensed Materials and Service; and
4. any your violation of these Terms.
You also acknowledge you will be a responsible user and that CopyFoundry will not be responsible for dispute between you and any third party in relation to your use of the Website and Licensed Materials.
15. Accuracy of Materials
The materials appearing on our Website are not comprehensive and are for general reference purposes only. CopyFoundry does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on this Website, or otherwise relating to such materials or on any resources linked to this website.
The Services and Additional Services may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by CopyFoundry. We do not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access any third-party website, service, or content from CopyFoundry, you do so at your own risk and you agree that CopyFoundry will have no liability arising from your use of or access to any third-party website, service, or content.
17. Modifications of Terms
We reserve the right to review and amend any of these Terms of Service at our sole discretion from time to time. Upon doing so, we will update our Website and provide you with reasonable notice of such changes, such as to the email address which you have provided to us. Unless otherwise stated, any changes to these Terms of Service will take effect immediately once actual or constructive notice is given to you, which includes publication on our Website. Your continued use of the Website after CopyFoundry provides such notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop accessing and using the Service and the Website.
We recommend that you review the Terms periodically for updates and for the avoidance of doubt, we do not assume any responsibility for ensuring your attention and/or understanding to these Terms.
18. Modifications to the Service and Software
CopyFoundry may at its own discretion and without providing prior notice, modify, adapt or change the Software, the Service’s features, the user interface and design, the extent and availability of the material in the Service and any other aspect related to the Service. You shall have no claim, complaint, or demand against CopyFoundry for effecting such changes or for failures incidental to such changes.
19. Right to Terminate
We may at our sole discretion suspend or terminate your access to our Website and terminate these Terms immediately upon written notice to you for any breach of these Terms of Service.
20. General Terms
20.1. Reservation of Rights
CopyFoundry and its licensors exclusively own all right, title and interest in and to the Services, including all associated intellectual property rights. You acknowledge that the Services are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services.
Except as provided for by applicable law in your jurisdiction, these Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you without CopyFoundry’s written consent, but may be assigned by CopyFoundry without restriction. Any attempted transfer or assignment in violation hereof shall be null and void. CopyFoundry may assign these Terms without your consent. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
20.3. Entire Agreement/Severability
20.4. No Waiver
No waiver of any provision of these Terms by CopyFoundry shall be deemed a further or continuing waiver of such provision or any other term, and CopyFoundry’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
Any notices or other communications provided by CopyFoundry under these Terms will be given: (i) via email; or (ii) by posting to the Services. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.
21. Governing Law
These Terms and any action related thereto shall be governed by the Federal Arbitration Act, federal arbitration law, and the laws of the State of Georgia, without respect to its conflict of laws principles. Our Services are controlled and operated from the United States, and we make no representations that they are appropriate or available for use in other locations.
We care about the security of our users. While we work to protect the security of your content and account, CopyFoundry cannot guarantee that unauthorized third parties will not be able to defeat our security measures. You are solely responsible for maintaining the security of your account, including by maintaining strong passwords and not sharing your account credentials. Please notify us immediately of any compromise or unauthorized use of your account.
You may contact us regarding the Service or these Terms at: CopyFoundry Inc CopyFoundry, inc, PO Box #: 94163 Atlanta, Georgia 30318, or via email to email@example.com
Last updated: June 2, 2022