Terms of Service

1. Acceptance of Terms

By accessing or using the Curio platform ("Service"), including our website, NFC-enabled hardware devices, APIs, and any related services, you agree to be bound by these Terms of Service ("Terms"). If you do not agree, you may not use the Service.

"You" refers to the individual or entity registering for or using the Service. "We," "us," and "our" refer to Curio and its operators.

2. Description of the Service

Curio provides NFC-enabled polling hardware and a web-based dashboard that allows businesses ("Business Users") to collect real-time feedback from their customers ("End Users"). End Users interact with Curio by tapping an NFC-enabled device and responding to poll questions via a mobile web interface. No app download is required.

The Service is provided on an "as available" basis. We do not guarantee any specific level of uptime, availability, or performance. We may modify, suspend, or discontinue any part of the Service at any time without prior notice.

3. Accounts & Registration

Access to Business User features requires account creation through an authorized onboarding path (device claim or team invitation). You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You agree to provide accurate and complete information during registration.

You must be at least 18 years old (or the age of majority in your jurisdiction) to create an account. By creating an account, you represent and warrant that you meet this requirement.

4. Data Collection & Use

When End Users interact with our NFC devices and respond to polls, we collect the following data:

• Poll responses (selected answer choices)
• IP addresses
• Session identifiers
• Timestamp of interaction
• Device and browser metadata (user agent)
• NFC device identifier associated with the tap

This data is used to provide analytics to Business Users, improve the Service, and generate aggregated insights as described in Section 5.

For full details on how we collect, store, and protect personal information, see our Privacy Policy.

5. Aggregated Data & Commercial Use

By using the Service, you acknowledge and agree that Curio may aggregate, anonymize, and de-identify data collected through the platform — including but not limited to poll responses, interaction patterns, and usage metadata — to create aggregated datasets ("Aggregated Data").

Curio retains full ownership of all Aggregated Data and may use it for any lawful purpose, including but not limited to:

• Internal research, product development, and Service improvement
• Publication of market research reports and industry insights
• Licensing or selling aggregated consumer sentiment data to third parties
• Creating benchmarks segmented by business type, geography, or industry vertical

Aggregated Data will never contain personally identifiable information. Individual poll responses are never sold, shared, or linked to identifiable End Users. Aggregated Data reflects statistical trends only (e.g., "65% of coffee shop customers in the Northeast prefer oat milk") and cannot be traced back to any individual.

This right survives termination of your account. Curio may continue to use previously collected Aggregated Data even after your account is closed.

6. Acceptable Use & Business User Obligations

As a Business User, you agree to:

• Use the Service only for lawful purposes
• Not create polls that contain offensive, discriminatory, defamatory, or illegal content
• Not attempt to collect personally identifiable information from End Users through poll questions
• Maintain your NFC devices in a manner consistent with their intended use
• Not reverse-engineer, decompile, or disassemble any part of the Service
• Not use automated scripts, bots, or scraping tools to access the Service
• Not attempt to circumvent rate limits, security measures, or access controls
• Not sublicense, resell, or redistribute access to the Service without our written consent

We reserve the right to suspend or terminate accounts that violate these obligations, without refund, at our sole discretion.

7. Intellectual Property

The Service, including all software, designs, text, graphics, and other content, is owned by Curio and protected by intellectual property laws. You are granted a limited, non-exclusive, non-transferable license to use the Service for its intended purpose during your active subscription.

Poll questions created by Curio's AI generation feature are provided under a royalty-free license for use within the Service. You may not redistribute AI-generated content outside of the platform.

You retain ownership of any original content you create on the platform (e.g., custom poll questions). By creating content on the Service, you grant Curio a non-exclusive, worldwide, royalty-free license to use, display, and incorporate that content as necessary to operate and improve the Service.

8. Billing & Subscription

Certain features of the Service require a paid subscription. Billing is handled through our third-party payment processor (Stripe). By subscribing, you authorize recurring charges to your payment method. You may cancel at any time; access continues until the end of the current billing period. Refunds are handled on a case-by-case basis.

We reserve the right to modify pricing with at least 30 days' advance notice. Continued use after a price change constitutes acceptance of the new pricing.

9. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ACCURACY. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.

WE DO NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR RELIABILITY OF ANY POLL DATA, ANALYTICS, OR INSIGHTS PROVIDED THROUGH THE SERVICE. BUSINESS DECISIONS MADE BASED ON SERVICE DATA ARE MADE AT YOUR OWN RISK.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, Curio SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES. OUR TOTAL AGGREGATE LIABILITY SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100).

11. Indemnification

You agree to indemnify, defend, and hold harmless Curio and its officers, directors, employees, agents, and affiliates from any claims, liabilities, damages, losses, and expenses (including reasonable attorney's fees) arising out of or related to: (a) your use of the Service; (b) your violation of these Terms; (c) your violation of any applicable law or regulation; (d) any content you create through the Service; or (e) your infringement of any third-party rights.

12. Termination

We may suspend or terminate your access to the Service at any time, with or without cause, and with or without notice. Upon termination, your right to use the Service ceases immediately. You may terminate your account at any time by contacting us.

Provisions that by their nature should survive termination shall survive, including but not limited to Sections 5 (Aggregated Data), 7 (Intellectual Property), 9 (Disclaimer of Warranties), 10 (Limitation of Liability), 11 (Indemnification), 13 (Governing Law), and 16 (General Provisions).

13. Governing Law & Disputes

These Terms shall be governed by and construed in accordance with the laws of the State of New York, without regard to conflict of law provisions. Any disputes arising under these Terms shall be resolved exclusively in the state or federal courts located in New York County, New York.

You agree to waive any right to participate in a class action lawsuit or class-wide arbitration against Curio.

14. Changes to These Terms

We reserve the right to update these Terms at any time. Material changes will be communicated via email or a prominent notice within the Service at least 30 days before taking effect. Your continued use of the Service after changes take effect constitutes acceptance of the revised Terms. If you do not agree, you must stop using the Service.

15. General Provisions

Entire Agreement. These Terms, together with the Privacy Policy, constitute the entire agreement between you and Curio and supersede all prior agreements, understandings, or representations.

Severability. If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

Waiver. Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

Assignment. You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations without restriction.

Electronic Communications. By using the Service, you consent to receiving communications from us electronically. You agree that all agreements, notices, and other communications provided electronically satisfy any legal requirement that such communications be in writing.

Force Majeure. We shall not be liable for any failure or delay in performing our obligations due to events beyond our reasonable control, including natural disasters, pandemics, labor disputes, government actions, power failures, or internet disturbances.

No Third-Party Beneficiaries. These Terms do not create any rights for any third party.

16. Contact

If you have any questions about these Terms, please contact us through the support channels provided within the Service or on our website.