Terms of Service
Effective Date: July 1, 2026
These Terms of Service ("Terms") constitute a legally binding agreement between you ("you" or "User") and CopernicusMind ("CopernicusMind," "we," "us," or "our") governing your access to and use of our website, content, communications, and services (collectively, the "Services"). By accessing or using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and by our Privacy Policy. If you do not agree, do not access or use the Services.
PLEASE READ SECTION XIV (BINDING ARBITRATION AND CLASS ACTION WAIVER) CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS BY REQUIRING INDIVIDUAL ARBITRATION AND WAIVING YOUR RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN CLASS OR REPRESENTATIVE ACTIONS.
I. Acceptance of Terms
By accessing, browsing, submitting information through, or otherwise using the Services, you agree to be bound by these Terms, all applicable laws and regulations, and any additional terms and policies referenced herein. If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind that entity, in which case "you" refers to that entity.
II. Eligibility
You must be at least eighteen (18) years of age and capable of forming a legally binding contract to use the Services. By using the Services, you represent and warrant that you meet these requirements and that all information you provide is accurate, current, and complete.
III. Description of Services
CopernicusMind is an applied research and advisory practice that provides consumer and market research, marketing strategy, media and channel diagnostics, brand positioning, and related advisory services. The Services include our website, informational content, published insights, communications, and any engagements we enter into with clients under separate written agreements. Nothing on the Services constitutes legal, financial, tax, or professional advice.
IV. User Conduct
You agree not to use the Services to:
- Violate any applicable law, regulation, or third-party right;
- Submit information that is false, misleading, defamatory, or infringing;
- Interfere with, disrupt, or attempt to gain unauthorized access to the Services or related systems;
- Use any automated means (including bots, scrapers, or crawlers) to access or copy the Services except as expressly permitted;
- Reverse engineer, decompile, disassemble, or otherwise attempt to derive source code from the Services;
- Transmit any viruses, worms, malware, or harmful code;
- Harass, threaten, or defraud any person; or
- Use the Services in a manner that could impair, overburden, or damage the Services.
V. Intellectual Property
All content, materials, text, graphics, logos, marks, images, audio, video, software, and other materials made available through the Services (collectively, "Content") are owned by CopernicusMind or its licensors and are protected by U.S. and international intellectual property laws. We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services and Content solely for your personal, non-commercial reference or, if you are a client, for internal business use in connection with a written engagement. No other license or right is granted, expressly or by implication. "CopernicusMind" and associated marks are our trademarks; you may not use them without our prior written consent.
VI. User Submissions
Any inquiries, questions, feedback, ideas, or other information you submit through the Services (excluding personal information governed by our Privacy Policy and any information governed by a separate written engagement or non-disclosure agreement) are non-confidential. You grant us a worldwide, perpetual, irrevocable, royalty-free, sublicensable, and transferable license to use, reproduce, modify, publish, and distribute such submissions for any lawful business purpose. You represent that you have the right to grant this license.
VII. Third-Party Services and Links
The Services may contain links to, or integrate with, third-party websites, applications, or services. We do not control and are not responsible for the content, availability, or practices of any third-party services. Your interactions with third parties are solely between you and them and are governed by the applicable third-party terms and policies.
VIII. Communications and Electronic Notices
You consent to receive communications from us electronically, including via email, SMS, telephone, and postings on the Services. You agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirement that such communications be in writing. See Section XIII for E-SIGN consent details and Section 4–5 of our Privacy Policy for TCPA and SMS terms.
IX. Disclaimers
THE SERVICES AND ALL CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, COPERNICUSMIND DISCLAIMS ALL WARRANTIES, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, AND QUIET ENJOYMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY CONTENT WILL BE ACCURATE, COMPLETE, OR RELIABLE. YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK.
X. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL COPERNICUSMIND, ITS AFFILIATES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS (US$100.00). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES; IN SUCH JURISDICTIONS, OUR LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
XI. Indemnification
You agree to defend, indemnify, and hold harmless CopernicusMind, its affiliates, and their respective officers, directors, employees, agents, and licensors from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to (a) your use of or access to the Services; (b) your violation of these Terms; (c) your violation of any third-party right, including any intellectual property, publicity, or privacy right; or (d) any content or information you submit through the Services.
XII. Termination
We may suspend, restrict, or terminate your access to the Services at any time, with or without notice, for any reason, including any suspected violation of these Terms. Upon termination, all rights granted to you will immediately cease. Sections that by their nature should survive termination (including Sections V, VI, IX, X, XI, XIII, XIV, XV, and XVI) will survive.
XIII. E-SIGN Consent
Under the federal Electronic Signatures in Global and National Commerce Act (15 U.S.C. §§ 7001 et seq.) and applicable state electronic signature laws, you affirmatively consent to conduct business with CopernicusMind electronically and to use electronic signatures and records in lieu of paper documents. You agree that:
- Any notice, disclosure, agreement, or other communication that we are required to provide to you in writing may be provided electronically by posting on the Services, email, or SMS;
- Your electronic signature (including typed name, checkbox, click of an "I agree" or similar button, or use of the Services after notice) has the same legal effect as a handwritten signature;
- You are able to access, view, download, and retain records provided electronically. The minimum system requirements to receive and retain electronic communications are a device with internet access, a modern web browser, an active email account, sufficient storage to save records, and, where PDFs are provided, a PDF viewer;
- You will keep your contact information current and will promptly notify us of changes by emailing info@copernicusmind.com; and
- You may withdraw your consent to receive electronic communications at any time by emailing info@copernicusmind.com. Withdrawing consent may prevent you from receiving certain services or communications and may result in the termination of your relationship with us.
You may request a paper copy of any electronic communication by emailing info@copernicusmind.com or calling 516.208.0453.
XIV. Binding Arbitration and Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.
14.1 Agreement to Arbitrate
You and CopernicusMind agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Services, our Privacy Policy, or any communications between us (including any telephone calls, SMS messages, or emails), whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory (each, a "Dispute"), will be resolved exclusively through final and binding individual arbitration, rather than in court, except as provided below.
14.2 Federal Arbitration Act
This arbitration agreement is governed by the Federal Arbitration Act, 9 U.S.C. §§ 1 et seq., and evidences a transaction involving interstate commerce.
14.3 Arbitration Procedure
The arbitration will be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules (as applicable) then in effect, as modified by this Section. The rules are available at www.adr.org. The arbitration will be conducted by a single, neutral arbitrator. The arbitration will take place in the county of your residence, unless the parties agree otherwise or the arbitrator determines that another venue is more appropriate, and will be conducted in English. The arbitrator will have exclusive authority to resolve any Dispute, including any question regarding the existence, scope, validity, interpretation, or enforceability of this arbitration agreement.
14.4 Class Action Waiver
YOU AND COPERNICUSMIND AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding. If a court decides that applicable law precludes enforcement of any of this Section's limitations as to a particular claim for relief, then that claim (and only that claim) will be severed from the arbitration and may be brought in court, with all other claims proceeding in arbitration.
14.5 Jury Trial Waiver
YOU AND COPERNICUSMIND EACH WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR JURY.
14.6 Exceptions
Notwithstanding the foregoing, either party may (a) bring an individual action in small claims court for claims within its jurisdiction; (b) seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights; or (c) pursue enforcement actions through applicable federal, state, or local agencies where such actions are available.
14.7 Opt-Out
You may opt out of this arbitration agreement by sending written notice to info@copernicusmind.com within thirty (30) days of first accepting these Terms. Your notice must include your full name, mailing address, and a clear statement that you wish to opt out of arbitration. Opting out will not affect any other provision of these Terms.
14.8 Notice of Dispute
Before initiating arbitration, the party asserting the Dispute must first send a written Notice of Dispute to the other party describing the nature and basis of the claim and the specific relief sought. Notice to CopernicusMind must be sent to info@copernicusmind.com. The parties will attempt in good faith to resolve the Dispute informally within sixty (60) days after Notice is received before commencing arbitration.
XV. Governing Law and Venue
These Terms are governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of laws principles. Subject to Section XIV, any Dispute not required to be arbitrated will be brought exclusively in the state or federal courts located in the State of New York, and you consent to the personal jurisdiction and venue of such courts.
XVI. Miscellaneous
- Entire agreement: These Terms, together with our Privacy Policy and any written engagement agreement between the parties, constitute the entire agreement between you and CopernicusMind regarding the Services and supersede all prior or contemporaneous understandings.
- Severability: If any provision is held invalid or unenforceable, the remaining provisions will remain in full force and effect.
- Waiver: No waiver of any term will be deemed a further or continuing waiver of that term or any other term.
- Assignment: You may not assign or transfer these Terms without our prior written consent. We may assign these Terms without restriction.
- Force majeure: We will not be liable for any failure or delay caused by events beyond our reasonable control.
- Changes: We may modify these Terms from time to time. When we make material changes, we will update the "Effective Date" above and, where appropriate, provide additional notice. Your continued use of the Services after the effective date constitutes acceptance of the revised Terms.
- Contact: Questions regarding these Terms may be directed to info@copernicusmind.com or 516.208.0453.