Terms of Service

These terms and conditions outline the rules and regulations for the use of Xander Corp. dba Curio (“Curio”).

This Agreement sets forth the terms and conditions that apply to your access and use of the services as described on the Curio Website (curiodigital.io) (the “Service” or “Services”) owned and operated by Curio (the “Curio Website”).

By using the Curio Website, you agree to be bound by the terms and conditions of this Agreement, which may be amended from time to time (see “Modifications” below).

Acceptance of Terms

Your use of the Service, including browsing and engaging with the Curio Website, constitutes automatic acceptance of this Agreement. Additionally, a checkbox at checkout will reaffirm your agreement to these terms. The term “you” or "User" refers to a Visitor or a User. Users must be of legal age to form a binding contract with Curio and have the authority to bind any entity they represent.

Pricing and Payment Terms

The price list of services is represented by the amounts published on the Curio Website and is an integral part of the general terms and conditions.

By completing the order for the performance of services from these general terms and conditions, the User explicitly authorizes the provider to perform the ordered services.

The User is obliged to pay all costs, including the associated tax liabilities.

The User undertakes to settle all obligations to the tenderer before the commencement of the works.

Duration of the Service

The Service provided by Curio is subject to an auto-renewal agreement. Unless paused or cancelled through the User's Stripe portal, the Service will automatically renew according to the terms agreed upon at the time of initial subscription. Price and condition changes will be communicated as per Curio's policies.

User Responsibilities

User is responsible for their conduct, Content, and communications with others while using the Services. You must comply with the following requirements when using the Services:

User may not purchase, use, or access the Services for the purpose of building a competitive product or service or for any other competitive purposes.
User may not engage in abusive or excessive usage of the Services, which is usage significantly in excess of average usage patterns that adversely affects the speed, responsiveness, stability, availability, or functionality of the Services for other users. Curio will endeavor to notify you of any abusive or excessive usage to provide you with an opportunity to reduce such usage to a level acceptable to Curio.
User may not use the Services to infringe the intellectual property rights of others, or to commit an unlawful activity.
Unless authorized by Curio in writing, User may not resell or lease the Services.
If use of the Services requires User to comply with industry-specific regulations applicable to such use, User will be solely responsible for such compliance, unless Curio has agreed with you otherwise. User may not use the Services in a way that would subject Curio to those industry-specific regulations without obtaining Curio’s prior written agreement.
Curio integrates with third party platform providers which maintain their own terms of service that you are responsible for following. Users are responsible for being aware of and accountable for following applicable third party terms of service and that such terms of service are subject to change without Curio’s knowledge. Curio may extend to you integrations, partnerships, or formal approvals with platforms. As a user of the Service, you consent to accepting responsibility for abiding by other platforms’ applicable terms.
Curio may provide tools through the Service that enable you to interact with and export information to third party services. User is solely responsible for maintaining your accounts on such third party services in good standing and complying with any applicable third party terms of service and laws. By using one of these tools, User authorizes Flow Curio to act as your agent and to take actions on your behalf on or through the third party services and User agrees that Curio may transfer information to or from the applicable third party services on their behalf and execute commands on or through such services at their direction.

Single License Only

Your right to access and use the Curio Website and the Service is personal to you and is not transferable by you to any other person or entity. You agree not to disclose your password to any third party. You are only entitled to access and use the Curio Website for lawful purposes.

You agree to provide true, accurate, current and complete information about yourself, and you may not misrepresent your Profile Information. In order for the Service to function effectively, you must also keep your Profile Information up to date and accurate. If you do not do this, the accuracy and effectiveness of the Service to you will be affected.

Your access and use of the Curio Website may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of the Curio Website or other actions that Curio, in its sole discretion, may elect to take.

Returns and Refunds

Curio reserves the right to deny refunds based on its own self discretion and without notice or liability to User. Refund requests are assessed on a case by case basis. Should User request a refund during the first month of use, all materials produced by Curio are ownership of the company and are prohibited from being used by the Curio in any way.

Curio reserves the right to take appropriate legal actions against User for breach of this paragraph.

Intellectual Property Rights

Unless otherwise indicated, the Curio Website is the property of Curio and all source code, databases, functionality, software, website designs, audio, video, text, photographs and graphics of any nature and regardless of format (herein, collectively or individually, the “Content”) and the trademarks, service marks, and logos contained there (the “Marks”) are owned and controlled by Curio and are protected by copyright and trademark laws and any other applicable intellectual property law or regulation of the United States, foreign jurisdictions and international conventions. The Content and Marks are provided “As-Is” for your information and personal use only. Except as expressly provided herein, no part of the Curio Website and no Content may be copied, reproduced, aggregated, republished, uploaded, posted, displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without Curio’s express prior written permission. Curio reserves all rights in the Website, Content and Marks.

Showcasing Work

Curio reserves to right to share design work on digital channels including social media, website, etc. unless otherwise agreed upon. The User reserves the right to issue an NDA between themselves and Curio, which in turn would void the right of Curio to share or discuss User's work publicly.

Third-Party Fonts

In the event that any Project incorporates fonts that are not owned by Curio and require a commercial license in order for User to legally reproduce, distribute, or publicly display the Project (“Third-Party Font(s)”), Curio will inform User in writing that one or more Third-Party Fonts have been incorporated into the Project and that User will need to purchase one or more licenses for the Third-Party Fonts from the rights-holder(s) of said Third Party Fonts in order to legally reproduce, distribute, or publicly display the Project. Said notice will include information sufficient for User to identify which licenses are required and who to contact in order to purchase said licenses.So long as Curio has informed User of the incorporation of Third-Party Fonts as described above, User assumes all responsibility for any consequences as a result of a failure by User to purchase one or more licenses for any Third-Party Fonts

Third Party Sites & Content

The Service may permit you to see or link to other websites or resources on the Internet, and other websites or resources may contain links to the Site. These other websites are not under Curio’s control, and you acknowledge that Curio is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply endorsement by Curio or any association with its operators. You further acknowledge and agree that Curio shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such website or resource.

Prohibited Activities

User shall not access or use the Curio Website for any purpose other than that for which the Curio Website is made available to the User. The Curio Website may not be used in connection with any commercial endeavors except those related to the work performed by Curio on behalf of the User. Further, User agrees to refrain from the following: Make any unauthorized use of the Curio Website; Retrieve data or content for the purposes of creating or compiling a database or directory; Circumvent, disable, or otherwise interfere with security-related features on the Curio Website; Engage in unauthorized framing or linking of the Curio Website; Trick, defraud or mislead Curio or other users; Interfere with, disrupt or create an undue burden on the Curio Website or Curio’s networks or servers; Use the Curio Website in an effort to compete with Curio; Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Curio Website; Bypass any measures on the Curio Website designed to prevent or restrict access to the Curio Website or any portion thereof; Harass, annoy, intimidate or threaten any of Curio’s employees, independent contractors or agents providing services through the Curio Website; Delete the copyright or other rights notice from any Content; Copy or adapt the Curio Website’s software; Upload or transmit, or attempt to do so, viruses, Trojan horses, or other material including anything that interferes with any party’s use of the Curio Website or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operations or maintenance of the Curio Website; Upload or transmit, or attempt to do so, any material that acts as a passive or active information collection or transmission mechanism; Disparage, tarnish or otherwise harm Curio; Use the Curio Website in a manner inconsistent with any applicable laws, statutes or regulations.

Modification

Curio reserves the right to change, alter, modify, amend or remove anything or any content on the Website for any reason at its sole discretion. Curio reserves the right to modify or discontinue all or part of the Website without notice and without liability to User.

Governing Law

These Terms of Service shall be governed by and construed in accordance with the laws of the State of Illinois without regard to conflict of law principals.

Litigation

Any legal action of whatever nature shall be brought in the state courts of Cook County, Maryland or in the United States District Court for the District of Illinois. The parties hereto consent to personal jurisdiction in said courts and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act are excluded from these Terms of Use.

Limitations of Liability and Indemnification

Curio and its directors, employees, members, independent contractors or agents shall not be liable to User or any third party for any direct, indirect, consequential, incidental, special or punitive damages, including lost profit, lost revenue, lost data, attorneys’ fees, court costs, fines, forfeitures or other damages or losses arising from User’s use of the Curio Website or Service. User agrees to defend, indemnify and hold harmless, Curio and its subsidiaries, affiliates and all respective officers, members, agents, partners, employees and independent contractors from and against any loss, damage, liability, claim or demand including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) use of the Website or Service; (2) breach of these Terms of Service; (3) any breach of User’s representations and warranties set forth herein; (4) User’s violation of the rights of any third party, including but not limited to intellectual property rights. Notwithstanding the foregoing, Curio reserves the right, at User’s expense, to assume control and defense of any matter for which User shall be required to indemnify Curio hereunder. User agrees to cooperate with the defense of such claims.

Contact Information

For any questions or complaints regarding the Curio Website, please contact Curio at: hi@curiodigital.io.