Last updated: June 14, 2026
CupcakePass, Inc., a Delaware, U.S.A. corporation and its affiliates (collectively, "CupcakePass", "we", "us" or "our") have adopted the following general terms and conditions of use (the "General Terms") for the use of the CupcakePass mobile application and any website operated by CupcakePass including, but not limited to www.cupcakepass.com (collectively referred to as the "Service") in order for each user ("you") to utilize the use and benefits of the Service.
THESE GENERAL TERMS CONSTITUTE A BINDING AGREEMENT BETWEEN YOU AND US. PLEASE READ CAREFULLY THROUGH ALL SECTIONS OF THESE GENERAL TERMS. YOUR ACCESS TO AND USE OF THE SERVICE ARE SUBJECT TO THESE GENERAL TERMS AND ALL APPLICABLE LAWS, AND WE RESERVE THE RIGHT TO TERMINATE YOUR ACCESS TO THE SERVICE IF YOU VIOLATE THESE GENERAL TERMS. BY CLICKING ON LINKS WITHIN THE SERVICE OR WEBPAGES BEYOND THE SERVICE'S HOMEPAGE, OR BY CLICKING ON A BOX OR ICON OR DOWNLOADING OUR MOBILE APPLICATION, YOU AGREE TO THESE GENERAL TERMS WHETHER OR NOT YOU COMPLETE A TRANSACTION WITH US, AND WHETHER OR NOT YOU COMPLETE YOUR TRANSACTION THROUGH THE SERVICE OR THROUGH OTHER CHANNELS, SUCH AS BY TELEPHONE, CHAT, EMAIL, OR OTHERWISE. IF YOU DO NOT AGREE WITH THESE GENERAL TERMS, DO NOT ACCESS OR OTHERWISE USE THE SERVICE, OR ANY INFORMATION CONTAINED THROUGH THE SERVICE.
In addition to these General Terms, your use of one or more of our services and all purchases made by you through the Service may be governed by additional terms and conditions of use, including the CupcakePass Subscription Program Terms and Conditions of Use (the "Subscription Terms") found at https://www.cupcakepass.com/subscription-terms-and-conditions.
Any time you use the Service, you are subject to the General Terms, and depending on your election or participation, you may be subject to the Subscription Terms (the "Additional Terms"). If there is a conflict between the General Terms and the Additional Terms, the Additional Terms will control.
These General Terms contain a mandatory (binding) arbitration provision and class action and jury trial waiver clauses. Except for certain types of disputes described in the arbitration section below, or where prohibited by applicable law, you agree that disputes between you and us regarding your use of the Service will be resolved by binding, individual arbitration, and you waive your right to participate in a class action lawsuit or class-wide arbitration, including as a class representative. The arbitrator's decision will be subject to very limited review by a court. You will be entitled to a fair hearing, but the arbitration procedures are simpler and more limited than rules applicable in court. For more details, see below.
We reserve the right, at our sole discretion, to modify these General Terms at any time. We can change, update, add, or remove provisions of these General Terms at any time by posting the updated General Terms on the Service. We will make commercially reasonable efforts to notify you of any material changes to these General Terms; however, we are not obligated to. You waive any right you may have to receive specific notice of such changes to these General Terms, except for changes to our agreement to arbitration, which is discussed more fully below.
We will indicate the date of the last revision of the General Terms at the top of the General Terms. Your continued use of the Service after any modification constitutes your acceptance of the then-current General Terms. You are responsible for regularly reviewing these General Terms.
Access or use of the Service is void where prohibited by applicable law. This Service is not intended for persons under the age of eighteen (18). By accessing or using the Service, you represent that you are at least eighteen (18) years of age.
All information we collect through or in connection with the Service is subject to the CupcakePass Privacy Policy, available at www.cupcakepass.com/privacy-policy.
When you use the Service or send email, chat, or social media messages to us, you are communicating with us electronically. By using the Service, you consent to receive electronic communications, including electronic notices, email, chat, and text messages, and push notifications from us to any devices you link to your CupcakePass account. Standard message and data rates applied by your cell phone carrier may apply to the text messages we send you, and you are responsible for any charges from your carrier for text messages sent from us.
These electronic communications may include notices about applicable fees and charges, transactional information, receipts for purchases, and other information concerning or related to the Service. These electronic communications are part of your relationship with us, and you agree that all notices, agreements, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing.
Unless otherwise specified in these General Terms, all information, designs, text, graphics, pictures, video, applications, software, music, sound, and other content (collectively, "CupcakePass Content"), together with the user interface and the selection and arrangement of the Service, are the proprietary property of us and our subsidiaries and affiliates. We provide content through the Service that is protected by United States copyright or contains our protectable trademarks or those of our third-party licensors and suppliers.
Subject to these General Terms, we hereby grant to you a revocable, limited, personal, non-exclusive, and non-transferable license to use, view, print, display, and download CupcakePass Content for the sole purpose of viewing it on a stand-alone personal computer or mobile device and to use the Service for your personal use; however, you may not remove or obscure any copyright notice, trademark notice, or other proprietary rights notices displayed on, or in conjunction with, the CupcakePass Content. Except for the foregoing license and as otherwise required or limited by applicable law, you have no other rights in the Service or any CupcakePass Content, and you may not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance, or in any way exploit any of the Service or CupcakePass Content in any manner or for any purpose that would constitute infringement of our licensors' or the Service's other users' intellectual property rights. All rights not expressly granted herein are reserved.
To access the Service or other functionality available through the Service, you will be asked to create a CupcakePass account with us. It is a condition of your use of the Service that all the information you provide through the Service is correct, current, and complete, and that you have the authority to provide such information to us.
You are responsible for maintaining the confidentiality of your CupcakePass account information, including your email address and password, and for all activity that occurs under your account. You agree to notify us immediately of any unauthorized use of your CupcakePass account or password, or any other breach of security. You may be held liable for losses incurred by us or any other user of the Service due to someone else using your CupcakePass account or password. You may not use anyone else's CupcakePass account or password. We have the right to disable any CupcakePass account, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any reason, including if, in our opinion, you have violated any provision of these General Terms.
Any of your conduct that restricts or inhibits any other user from using or utilizing the Service, as determined by us in our sole discretion, will not be permitted. You agree to use the Service only for lawful purposes. You further agree not to use the Service in any way that: changes or alters the Service; impairs in any way the integrity or operation of the Service; interferes with or induces a breach of the contractual relationships between us and our employees, agents, or partners; is in any way unlawful or prohibited, or that is harmful or destructive to anyone or their property; transmits any advertisements, solicitations, schemes, spam, flooding, or other unsolicited email and commercial communications; transmits any harmful or disabling computer codes or viruses; interferes with our network services; suggests an express or implied affiliation or relationship with us without our express prior written permission; unlawfully impersonates or otherwise misrepresents your affiliation with any person or entity; transmits or uploads violent, obscene, sexually explicit, discriminatory, hateful, threatening, abusive, defamatory, offensive, harassing, or otherwise objectionable content or images; transmits or uploads content or images that infringe upon or misappropriate any third party's intellectual property rights or right to privacy; or unlawfully transmits or uploads any confidential, proprietary, or trade secret information.
We reserve the right to terminate access to your account with or without cause and with or without notice, for any reason or no reason, or for any action that we determine is inappropriate or disruptive to the Service or to any other user of the Service.
The Service may contain message boards, chat rooms, forums, and other social/interactive services that allow you to post, submit, publish, display, or transmit to other users content, messages, reviews, ratings, or materials ("User Content"). By posting User Content to a public area of the Service, you automatically grant us a worldwide, non-exclusive, perpetual and irrevocable, freely transferable and sub-licensable, royalty-free right and license to use, copy, create derivative works from, distribute, publicly perform, and publicly display your User Content, in whole or in part, via the Service or otherwise, for any purpose. You represent that you have the right and authority to grant such a license. You are responsible for any User Content you submit, and you, not us, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
Content Standards: User Content must comply with all applicable laws and must not contain material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable; promote sexually explicit material, violence, or discrimination; infringe any intellectual property rights; violate the legal rights of others; be likely to deceive any person; promote any illegal activity; impersonate any person or misrepresent your identity; or involve commercial activities such as contests, sweepstakes, or advertising.
We have the right, but not the obligation, to monitor User Content posted on the Service to determine compliance with these General Terms. We have the right in our sole discretion to edit, refuse to post, or remove any User Content. We will cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Service. YOU WAIVE AND HOLD HARMLESS US AND OUR AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
The Service may link to other websites not controlled or operated by us. Your participation in advertisements, promotions, and transactions with third parties found on or accessible through the Service is solely between you and the third party. YOU AGREE THAT WE WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY GOODS, SERVICES, INFORMATION, RESOURCES, AND/OR CONTENT AVAILABLE ON OR THROUGH ANY THIRD-PARTY WEBSITES AND/OR DEALINGS, OR FOR ANY HARM RELATED THERETO.
The following terms apply when you use any mobile app distribution platform, including the Apple App Store or Google Play Store, to access the Service: (1) the license granted to you for our mobile application is limited to a non-transferable license to use the application on a device that utilizes the App Distributor's operating systems in accordance with the applicable App Distributor's terms of service; (2) we are responsible for providing maintenance and support services with respect to our mobile application as specified in these General Terms; (3) in the event of any failure of our mobile application to conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor may refund any applicable purchase price paid for our mobile application; (4) you represent and warrant that you are not located in a country subject to a U.S. government embargo or designated as a "terrorist supporting" country and are not listed on any U.S. government list of prohibited or restricted parties; (5) you must comply with applicable third-party terms of agreement when using our mobile application; and (6) the App Distributors are third-party beneficiaries of the mobile application license terms contained in these General Terms.
TO THE FULLEST EXTENT PROVIDED BY LAW, THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, THAT ACCESS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT THE SERVICE WILL BE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.
IN NO EVENT WILL WE, OUR LICENSORS, OR ANY OF OUR OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES WHATSOEVER, WHETHER FORESEEABLE OR UNFORESEEABLE, ARISING OUT OF YOUR USE OR INABILITY TO USE THE SERVICE. NOTWITHSTANDING THE FOREGOING, OUR TOTAL LIABILITY WITH RESPECT TO ANY AND ALL CLAIMS ARISING OUT OF YOUR USE OF THE SERVICE SHALL NOT EXCEED FIVE DOLLARS ($5.00).
You agree to defend, indemnify, and hold us and our officers, directors, employees, agents, successors, and assigns harmless from and against all claims, liabilities, obligations, judgments, fines, costs, and expenses (including reasonable attorneys' fees) arising out of (a) any breach of these General Terms by you, (b) your use of the Service, (c) the use by any other person using the Service through your account, or (d) any User Content you post or otherwise make available on the Service.
We comply with the Digital Millennium Copyright Act ("DMCA"). If you believe that your work has been copied in a way that constitutes copyright infringement, please notify our Copyright Agent at support@cupcakepass.com with: an electronic or physical signature of the person authorized to act on behalf of the copyright owner; information sufficient to permit us to contact you; a description of the copyrighted work claimed to have been infringed; a description of where the infringing material is located on the Service; a statement of good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and a statement that the information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner's behalf. We have adopted a policy of terminating accounts that are repeat infringers.
CupcakePass eGift Cards are redeemable for CupcakePass Subscriptions. You may not return or cancel your CupcakePass eGift Card after it is received. The maximum value that can be associated with any one CupcakePass eGift Card is five hundred dollars ($500.00), and total purchases for any one individual may not exceed ten thousand dollars ($10,000.00) in one calendar day. You may not use a CupcakePass eGift Card to purchase other CupcakePass eGift Cards. CupcakePass eGift Cards cannot be reloaded, resold, transferred for value, or redeemed for cash except to the extent required by law. Ownership and risk of loss pass to the purchaser as soon as we send confirmation to the recipient. We are not responsible for lost or stolen CupcakePass eGift Cards. Contact us at support@cupcakepass.com for assistance.
CUPCAKEPASS AND ITS AFFILIATES MAKE NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO CUPCAKEPASS EGIFT CARDS. IF A CUPCAKEPASS EGIFT CARD CODE IS NON-FUNCTIONAL, YOUR SOLE REMEDY SHALL BE THE REPLACEMENT OF SUCH CUPCAKEPASS EGIFT CARD.
Except for claims for injunctive relief as described herein, you agree that either you or we may require any dispute, claim, or cause of action between you and us arising out of use of the Service to be arbitrated on an individual (non-class) basis. Both parties retain the right to seek relief in a small claims court for a claim within the scope of its jurisdiction, so long as the small claims action does not seek to certify a class. THERE IS NO JUDGE OR JURY IN ARBITRATION. YOU WAIVE THE RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER IN A CLASS ACTION LAWSUIT.
The arbitration shall be administered under the applicable rules of the American Arbitration Association ("AAA"). Information about AAA arbitration is available at https://www.adr.org or by calling 1-800-778-7879. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Each party shall pay its own costs and fees incurred, unless the arbitrator allocates them differently in accordance with applicable law.
You acknowledge that we may be irreparably damaged if these General Terms are not specifically enforced, and damages at law would be an inadequate remedy. In the event of a breach or threatened breach of any provision of these General Terms by you, we shall be entitled to an injunction restraining such breach or threatened breach. For purposes of this section, you agree that any action or proceeding shall be brought in the state or federal courts located in the State of New York.
These General Terms shall be governed by and construed in accordance with the laws of the State of New York, excluding its conflicts of law rules. Except as set forth in the agreement to arbitration, you agree that any dispute arising from or relating to these General Terms shall be governed by the exclusive jurisdiction and venue of the state and federal courts of New York.
If any provision of these General Terms is found invalid or unenforceable, every attempt will be made to give effect to the parties' intentions as reflected in that provision to the extent permitted by applicable law, and such finding will not affect the balance of these General Terms. We may freely assign our obligations and rights under these General Terms. No failure, omission, or delay on our part in exercising any right under these General Terms will preclude any other or further exercise of that right or any other right under these General Terms. Section headings are for convenience of reference only and shall not affect the interpretation of these General Terms.
If you have any questions regarding these General Terms, please contact us at support@cupcakepass.com.