Last modified: November 13, 2024
Curiominds Limited (“Curiominds”, “we”, “us”, or “our”). We manage the website at www.curiominds.ai, along with other associated websites (collectively referred to as the “Website”), application programming interfaces (“APIs”), mobile applications, online services, and any other products and services that Curiominds may offer now or in the future (collectively known as the “Services”).
The following Terms of Service form a legal agreement between you (“you” and “your”) and Curiominds regarding your use of the Services. Users of the Services are referred to individually as a “User” and collectively as “Users.” Your access to and use of the Services is governed by these Terms of Service and our Privacy Policy, which details the personal information we collect and how we utilize and share it.
Please read these Terms of Service thoroughly. By registering for, accessing, browsing, or using the Website, you confirm that you have read, understood, and agree to comply with these terms and conditions, along with any additional guidelines, as defined below (collectively referred to as the “Terms”), and that you have reviewed our Privacy Policy. If you are a parent or legal guardian granting permission for your child to register on the Website, you agree to these Terms of Service concerning your child’s use of the Website. If you are school personnel, you agree on behalf of your institution that the school user is subject to these Terms unless there is a separate written service agreement with Curiominds that accepts these Terms for school users. Please note that these Terms include a binding arbitration clause, which includes a waiver of class action rights. By agreeing to binding arbitration, you relinquish your right to resolve disputes in court and to have a judge or jury adjudicate your case.
The Services are not accessible to:
(A) Any users who have previously been suspended or removed from the Services by Curiominds.
(B) Individuals below the legal age of consent in their country whose registration has not been authorized by a parent or legal guardian, or for school accounts, by authorized school personnel as permitted under these Terms.
1.1 Acceptance
By clicking the “I Agree” button or otherwise using or registering an account for the Services, you affirm that (i) you are of legal age in your country to create an account, or (ii) your use of the Services has been approved by your parent or legal guardian, or by your school or teacher for educational purposes as outlined in School Use section below. You also confirm that you have not been previously suspended or removed from the Services by Curiominds and that your registration and use of the Services comply with all relevant laws.
1.2 Account
To utilize specific features of the Services, you must create an account. You will need to set up a password linked to your account. You are solely responsible for keeping your account information and password confidential, and you agree to take responsibility for all activities conducted under your account. You attest that all information provided to Curiominds during registration or at any other time is accurate, current, and complete. You also agree to keep this information updated at all times. If you believe your account security has been compromised, you agree to inform Curiominds immediately. You may be held accountable for any losses incurred by Curiominds or others due to unauthorized use of your account.
1.3 Integrated Service
Curiominds may allow you to sign up for the Services through, or link your Curiominds account with, various third-party networks or integrated services, such as Google (“Integrated Services”). By registering for the Services using an Integrated Service (or by granting access), you consent to Curiominds accessing your account information from that Integrated Service and may store and utilize certain data already linked to the Integrated Service in accordance with our Privacy Policy. You also agree to comply with all terms and conditions set forth by the Integrated Service regarding your use of the Services through that service. You can revoke Curiominds's access to your account on any Integrated Service at any time by adjusting the relevant account settings of that service. You agree that you bear full responsibility for your interactions with the Integrated Service resulting from accessing the Services through it. Curiominds does not oversee the operations of Integrated Services, so it is recommended that you read their privacy policies and terms of use to understand their practices.
1.4 Child User
If you are below the legal age of consent in your country, you are classified as a “Child User” and are prohibited from creating an account for the Services without prior consent and approval from your parent or legal guardian, or from your school. If you are a Child User, you affirm that your parent or legal guardian has reviewed and accepted these Terms on your behalf. Except for accounts established for School Use, Child Users who initiate the registration process without a Parent User may face restrictions until a parent or legal guardian approves or takes responsibility for the Child User's account. A Child User may access the Services if registered through specific educational organizations provided that the educational organization has obtained parental consent or has adhered to an exemption regarding parental consent requirements under applicable law. A Child User will only be allowed to use the Services as long as Curiominds reasonably believes that such access has been authorized by the Child User's parent or legal guardian or through School Consent.
1.5 Parent User
If you are at least 18 years old and are the parent or legal guardian of a child seeking to register as a Child User of the Services, you may create a parent account on the Services (referred to as “Parent User”). In these Terms, “parental consent” means that a parent or legal guardian has granted permission for their Child User. With a Parent User account, you are authorized to create, register, manage, and approve accounts for Child Users solely for your own child(ren) or those for whom you have legal guardianship. By registering, approving, or consenting to the registration of a Child User, you affirm that you are the parent or legal guardian of that Child User and agree to be bound by these Terms on their behalf. This includes accepting liability for all activities conducted by your Child User on the website. You are responsible for instructing your Child User on the appropriate use of the Services, including understanding Prohibited Conduct and avoiding the submission of any personally identifiable information. It is also your duty to supervise and manage your child’s access to the Services. If you seek access for your Child User, they will be recognized as an authorized User, and you will be accountable for their actions and usage of the Services. You acknowledge that Curiominds may choose, but is not required, to conduct inquiries, either directly or through third parties, to verify your registration details or those associated with a Child User account. Curiominds reserves the right to pursue legal action against anyone who misrepresents their personal information or is otherwise dishonest about their identity. However, you understand that Curiominds cannot guarantee the accuracy of any information provided by users and is not obligated to verify the identity of any user, including claims made by individuals identifying themselves as Parent Users or verifying that a parent identified during registration is indeed the actual parent or legal guardian of a Child User. Curiominds retains the right to terminate any Parent User account and all related Child User accounts at any time without notice if these Terms are not adhered to.
1.6 School Use
Curiominds may provide specific features and tools that allow Users registered as teachers, school leaders, aides, principals, school administrators, school district administrators, or similar educational personnel (“School Personnel”) to engage with students and other Users through the Services in order to deliver tutorial, educational, and other education-related services aligned with the school curriculum and to assess students’ educational achievements and progress. If you are School Personnel accessing the Services on behalf of an educational institution (an “Institution”), please note the following terms:
1.6.1 Limitations on Use
The Services are intended for educational purposes within the framework of the school curriculum. You must utilize the Services in accordance with all relevant laws, rules, and regulations. It is your responsibility to verify that your use of these Services complies with your institution's policies as well as any applicable school district regulations. You agree not to reproduce, duplicate, copy, sell, resell, or otherwise exploit any part of the Services for commercial purposes.
1.6.2 Responsibility for Consent and Notices
You and/or your Institution are responsible for obtaining any necessary consents from parents or legal guardians and for providing appropriate disclosures to School Users and their parents regarding their use of the Services, including our Terms and Privacy Policy. You agree to be bound by these Terms on behalf of each School User as long as their account has not been transferred to or assumed by a valid Parent User account or personal account for an eligible Student. If you are School Personnel registering an account for a child user or instructing a child user to create an account for school purposes (each referred to as a “School User”), you represent and warrant that you have either obtained explicit consent from the School User’s parent or legal guardian for their registration and disclosure of related information to Curiominds or that you, or your institution have complied with all applicable exemptions from parental consent requirements necessary for registering the School User on the website and providing Curiominds with disclosed information during their registration process. Curiominds reserves the right to request documentation from School Personnel or the Institution at any time regarding notices given to parents or legal guardians and consents obtained.
1.7. Tutors
Curiominds may provide specific features and tools that enable Users to connect with “Tutors” through their accounts.
1.7.1 Tutoring Features
The tutoring functionalities are designed to allow any User to grant another User, such as a tutor, friend, or family member, access to view their Curiominds account activities. This access is intended to facilitate tutoring or coaching support on the platform. Any User linked to your Curiominds account, excluding School Personnel and Parent Users, who possess different permissions, is referred to as a “Tutor.” For Child Users under the age of legal consent in their country, a Parent User has to grant permission to connect a linked Child User to a Tutor.
1.7.2 Tutor Responsibilities
If you are acting as a Tutor, the following conditions apply to you: You may utilize Curiominds features and tools solely for the purpose of providing tutoring, coaching, or other educational assistance to a User who already possesses a Curiominds account. Tutors are prohibited from creating or registering accounts for other users. To initiate a tutoring relationship, the student or User you intend to tutor must either: (i) have an existing Curiominds account on the Services, or (ii) create a new Curiominds account in accordance with these Terms. As a Tutor, you are not permitted to create an account on behalf of another individual. You acknowledge that registering a personal account for a child user necessitates consent from that user’s parent or legal guardian. Tutors cannot provide this consent either directly or on behalf of the parent or legal guardian. You must ensure that your use of the Services and Website complies with all relevant laws, rules, and regulations.
1.8 Linked Accounts
Curiominds may allow a User to link their personal account with their School Account by using the login credentials associated with their personal account to join a class or engage in school-directed learning. When a User opts to link their personal account with their School Account, these accounts will be referred to as “Linked” Accounts. In this arrangement, activities conducted through the personal account will be visible only to the User, while activities within the School Account can be accessed by anyone authorized to view that account. Although “Linked” Accounts operate independently, they are managed collectively by the User under a single account interface and require distinct access credentials. This feature is particularly beneficial for Students who wish to utilize the Website for both personal and educational purposes, as it enables School Personnel to better understand Student progress and allows Users to track all their Curiominds learning activities in one place. The decision to enable account linking must occur during the initial registration and rostering process for a given academic year. Once accounts are linked, they can be separated at a later time. If the School Account is terminated, any learning activities (including those related to school use) will remain accessible in the associated personal Linked account.
1.9 International Use
Curiominds operates its Services in the special administrative region of Hong Kong. Regardless of whether you access our Services from Hong Kong or from other locations, you acknowledge and consent to Curiominds’s collection, transmission, use, storage, and processing of all content data in any region chosen by Curiominds. You agree to comply with all local laws, regulations, and rules applicable in your jurisdiction when accessing our Services and are solely responsible for ensuring such compliance. If you are below the age of majority in your jurisdiction, and if required, you confirm that you have obtained parental consent to create an account for the Service and accept these Terms, and that your parent or legal guardian has approved these terms on your behalf. Where parental consent is necessary, it must be provided by a parent, legal guardian, or another individual authorized under local laws to give such consent. Unless we have entered into a separate written agreement with you stating otherwise, we do not assert that our Services are suitable or available for use in jurisdictions outside of Hong Kong. Access to and use of the Services is prohibited in jurisdictions where such use would violate applicable laws or regulations, including but not limited to relevant privacy laws.
1.10 Notice Regarding AI Chatbot (“AI Buddies”)
Your engagement with AI Buddies is governed by these Terms. For specific details about how these Terms apply to Curiominds, please refer to Sections 3 (Other Guidelines), 5.1 (User Content and Ownership), 7 (Prohibited Content), 12.2 (Content), and 12.4 (Betas: “As Is”) The learning activities facilitated by Curiominds AI Buddies utilize artificial intelligence technologies that are still in early development stages. It is your responsibility to educate yourself and any authorized Users on the responsible use of AI technologies in general and generative AI specifically while using Curiominds. We strongly recommend Users to review relevant guidelines prior to accessing our AI Buddies. For example, Users should understand that AI Buddies may produce errors, necessitating fact-checking of the responses provided. You are obligated to monitor and approve the use of the Services accordingly.
Curiominds values your privacy. We encourage you to carefully review the Curiominds Privacy Policy for details regarding our practices related to the collection, use, and disclosure of your personal information. Our privacy policy outlines how we handle your personal information and safeguard your privacy while using our Services. It also describes the processes by which Users, Parent Users, and School Personnel can view, update, correct, or delete their accounts and personal information.
While utilizing the Services, you will be subject to any additional guidelines or rules that may be posted from time to time regarding specific services and features (referred to as the “Guidelines”). All such Guidelines are incorporated by reference into these Terms. You and any Authorized Users must always comply with these Terms and the Acceptable Use Policy while using the Services.
4.1 General
By creating an account, you agree to the Terms as they are presented on our website. Curiominds reserves the right to modify, change, add, or remove sections of these Terms at any time at our discretion. It is advisable to periodically review the Terms and any Guidelines for updates made after you have opened your account. Your ongoing use of the Services following the posting of changes signifies your acceptance of those changes. For significant alterations to the Terms, Curiominds will make reasonable efforts to inform you of such changes, for example by posting a notice on the Services. These amended terms will take effect on whichever occurs first: (i) your actual notice of such changes or (ii) ten days after Curiominds has made a reasonable attempt to notify you. However, changes related to new service functionalities or legal requirements will take effect immediately. If you do not agree with the revised Terms, you must cease using the Services. Disputes arising under these Terms will be resolved according to the version of the Terms in effect at the time the dispute occurred.
4.2 School Accounts
The following provisions apply specifically to School Accounts, in addition to those outlined in Section 4.1. If a change regarding the use or sharing of personal information contained in educational records adversely affects Student Users or an Institution significantly, and if the Institution does not consent to this change, it must notify Curiominds within thirty days of receiving notice of such change as specified in Section 15.1 below. Upon receiving such notification as required, School Accounts associated with that Institution will continue to be governed by the Terms that were effective immediately prior to the change until either (i) the end of the current term of the Institution’s written service agreement with Curiominds or (ii) in the absence of such an agreement, until the end of that academic year. Should Services be renewed or continued thereafter, they will be governed by Curiominds’s then-current Terms.
5.1. User Content and Ownership
The Services feature functionalities that enable Users to (i) post questions, comments, notes, ratings, reviews, and other materials and communications (collectively referred to as “User Postings”), and (ii) provide input to Curiominds Buddy (“Input”), receiving generated output from the chatbot based on that Input (“Output”). Together, Input and Output are referred to as “AI Content,” while User Postings and AI Content collectively constitute “User Content.” You understand that Curiominds does not guarantee confidentiality for any User Postings or User Code submissions, regardless of whether such content is published. In accordance with applicable law, you retain all ownership rights to any User Content you post or publish on the Services, and Curiominds does not assert any ownership rights over that User Content. Curiominds reserves the right, at its sole discretion and without obligation, to assess whether any AI Content breaches our Prohibited Conduct terms. We may refuse, remove, or edit such AI Content and may revoke access to the Services at any time for non-compliance with these terms. For clarity, AI Content is considered User Content. You acknowledge that due to the nature of machine learning and the technology underlying our chatbot, your Output may not be unique; similar or identical Output may be generated for other users. You are responsible for the AI Content generated by you and your authorized Users, including ensuring that you possess the rights necessary to submit the Input and that your use of Input does not infringe upon the intellectual property rights of others or violate any applicable laws or these Terms. You acknowledge that you are solely accountable for your User Content and any consequences arising from posting, creating, or publishing such content.
5.2 License Grant to Curiominds
By posting, submitting, or distributing User Content through the Services, you grant Curiominds a worldwide, non-exclusive, transferable, assignable, fully paid-up, royalty-free license to host, transfer, display, perform, reproduce, distribute, create derivative works of, use, make, have made, import, and otherwise exploit your User Content in whole or in part across any media formats and channels (whether currently known or developed in the future), in compliance with applicable law and Curiominds’s Privacy Policy. This license is perpetual and irrevocable, except as necessary to comply with applicable privacy laws concerning the ownership and control of your personal information, including educational records. For School Accounts, consistent with applicable privacy laws, you (or your school, as appropriate) retain all ownership rights in any User Content that qualifies as an educational record.
5.3 License Grant to Users
5.3.1 User Postings
By posting, submitting, or distributing User Postings through the Services, you grant each User of the Services a non-exclusive license to access and use your User Postings in any manner permitted by Curiominds on or through the Services.
5.3.2 Downloadable Content
The Services may allow you to download certain digital content (“Downloadable Content”). Provided that you fully comply with all terms and conditions outlined herein, Curiominds grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download, install, view, and use the Downloadable Content in object code form on devices owned or controlled by you solely for personal and non-commercial purposes. You agree not to (i) modify or create derivative works from the Downloadable Content; (ii) remove or disable any copy protection or security features protecting the Downloadable Content; or (iii) remove any copyright or proprietary notices from the Downloadable Content and its copies.
5.4 Access to Your User Content
Curiominds may allow Users to share their User Content with a select group of other Users or make it publicly accessible for all, including non-Service users to view. You acknowledge that while Curiominds provides features intended to help restrict access to certain User Content you create, it does not guarantee that such content will remain inaccessible to others. In the event of unauthorized access, Curiominds will make reasonable efforts to notify you as outlined in Section 14.1 (Notice) below. Curiominds disclaims all liability regarding any unauthorized access to restricted User Content.
5.5 User Content Disclaimer
You understand that while using the Services, you may encounter User Content from various sources and that Curiominds is not responsible for the accuracy, usefulness, or intellectual property rights related to such User Content. You further acknowledge that you may be exposed to User Content that is inaccurate, offensive, indecent, or objectionable. You agree to waive any legal or equitable rights or remedies you may have against Curiominds concerning such content. Curiominds does not endorse any User Content or any opinions, recommendations, or advice expressed therein and expressly disclaims all liability related to User Content.
5.6 Feedback
We welcome and encourage your feedback regarding our Services and Betas. By submitting suggestions or other feedback related to our Services, you agree that we may use and share such feedback for any purpose without providing compensation to you. We will respect any limitations agreed upon at the time we collect your feedback. You may identify errors or bugs, provide suggestions about user experience, and offer other ideas or guidance related to our Services and Betas. Participation in feedback is optional. By providing feedback, you grant us a royalty-free, worldwide, irrevocable, perpetual license to utilize and incorporate your feedback into our Services or to develop new features and services.
6.1 Proprietary Materials
The Services are owned and operated by Curiominds. The visual interfaces, graphics, design, compilation, information, computer code (including source code or object code), software, services, content, educational videos and exercises, and all other elements of the Services (collectively referred to as “Services Materials”) are protected by international copyright, patent, trademark laws, and other applicable intellectual property laws governing proprietary rights. Except for User Content provided by Users and as otherwise specified in this Section, all Services Materials are owned by or licensed to Curiominds, which reserves all rights not expressly granted by these Terms.
6.2 Licensed Educational Content
Curiominds may provide study content, exercises, and other related materials owned by Curiominds or its third-party licensors (referred to as “Licensed Educational Content”). Curiominds grants you a non-exclusive right to access and use such Licensed Educational Content solely for personal purposes. You agree not to download, distribute, sell, lease, modify, or provide access to the Licensed Educational Content without prior written permission from Curiominds.
6.3 Non-Commercial Use
The Licensed Educational Content is intended exclusively for personal use. You agree not to exploit any part of the Licensed Educational Content for commercial purposes unless otherwise agreed upon in writing by Curiominds.
You agree not to:
7.1 : Use the Services for any purpose outside of personal use unless permitted by Curiominds in writing.
7.2 : Rent, lease, loan, sell, resell, sublicense, distribute, or transfer licenses for any Services Materials except as explicitly allowed.
7.3 : Post, upload, generate, promote, or distribute defamatory, discriminatory, libelous, or inaccurate User Content or other content.
7.4 : Post, upload, generate, promote, glorify, or distribute unlawful or objectionable content.
7.5 : Impersonate any person or entity or falsely claim affiliation with any person or entity.
7.6 : Use bots to access the Services; delete proprietary notices on the Services; assert intellectual property infringement claims against Curiominds; engage in unsolicited advertising; collect Users personal information without consent; probe security features; reverse engineer software; create derivative works based on the Services without permission from Curiominds; intentionally interfere with the operation of the Services.
The Services may include links to reference sites solely for the convenience of Users. However, Curiominds does not endorse any reference site or the information/material/products/services contained therein. Accessing and using reference sites is entirely at your own risk.
9.1 Term
These Terms remain effective until your account is terminated according to these provisions. Curiominds may restrict, suspend, or terminate your account/service usage at its discretion without notice. The removal of accounts/profiles/content may occur simultaneously. Suspected fraudulent or illegal activities may be reported to appropriate authorities. Remedies include termination of access and necessary reports. Your only remedy concerning dissatisfaction with the Services/Terms/Guidelines/Policies/content transmission is terminating these Terms/account deletion/discontinuation of Service use. Specific termination procedures may apply for certain Users (e.g., Parents/students).
9.2 Termination by School Personnel
School Personnel may terminate their use of the Services and/or any School Accounts created by them at any time by contacting us. However, an Institution may impose certain requirements that must be fulfilled before School Personnel can terminate accounts established for school use. Before terminating School Accounts at the request of School Personnel, Curiominds may invite Users, or the parents or legal guardians of Students, to create and maintain personal accounts to retain any content generated or provided and owned by Users under these Terms (including the User's learning activity). Any such personal accounts will be established following Curiominds's standard account creation process.
9.3 Termination by Parents
As a Parent User, if you have created a Child account on the Services and have a Parent User account linked to that Child account, you can terminate your Child’s login account through the account profile or by contacting our customer support team. Please note that we may need to verify your identity before taking any action regarding the account. If your Child is using a School Account created by or at the direction of their teacher, you may need to contact the school first to request termination.
9.4 Responsibility for Pre-Termination Activity
The termination of the Terms concerning any User account does not limit Curiominds’ rights and remedies regarding any breaches of these Terms that occurred prior to such termination.
You represent, warrant, and agree that you will not provide any User Content or use the Services in a manner that: (i) infringes, violates, or misappropriates the intellectual property rights, rights of publicity or privacy, or other rights of any third party; (ii) violates any applicable international laws or regulations; (iii) is harmful, fraudulent, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise constitutes Prohibited Conduct; or (iv) jeopardizes the security of your account or the Services in any way. This includes allowing others access to your account or password or submitting User Content that contains viruses. Additionally, you represent, warrant, and agree that: (i) you possess all necessary rights to provide your User Content and grant Curiominds the rights outlined in these Terms; (ii) you will comply with all applicable laws in connection with your use of the Services; and (iii) if you are School Personnel, you understand that you are responsible for providing any required notices and obtaining necessary consents for students to use the Services or provide User Content.
You agree to indemnify, defend, and hold harmless Curiominds and its parent company, successors, affiliated entities, contractors, officers, directors, employees, agents, and third-party suppliers, licensors, and partners (collectively referred to as “Curiominds Parties”) from and against all losses, damages, liabilities, demands, judgments, settlements, costs, and expenses of any kind (including legal fees and expenses) arising from any claim or demand made by a third party related to or resulting from: (i) your access to or use of the Services; (ii) your breach or alleged breach of these Terms; (iii) any breach of the representations and warranties made herein; (iv) your failure to comply with applicable laws; (v) any infringement by you or any third party using your account of any intellectual property or other rights; or (vi) your breach or alleged breach of any agreement between you and other Users. Curiominds reserves the right to assume exclusive defense and control over any matter for which you are required to indemnify Curiominds at your expense.
12.1 The website, along with all data, information, software, materials, content (whether owned or licensed), user content, reference sites, services, or applications available in connection with or through the website (collectively referred to as the Curiominds offerings), are provided on an “as is,” “as available,” and “with all faults” basis. to the fullest extent permitted by applicable law, the Curiominds parties disclaim any and all warranties and conditions of any kind, whether statutory, express, or implied. This includes but is not limited to all implied warranties of merchantability, quality, availability, quiet enjoyment, fitness for a particular purpose, title, and non-infringement. No advice or information, whether oral or written, obtained by you from Curiominds or through the website will create any warranty not expressly stated herein.
12.2 Content
Curiominds does not warrant that the website or any data, user content, functions, or other information offered on or through the website will be uninterrupted or free of errors, viruses, or other harmful components. We do not warrant that any of the foregoing will be corrected. Curiominds makes no representation or warranty that the Curiominds offerings will (i) meet your requirements or expectations, or (ii) be timely, secure, accurate, free from errors or loss, or uninterrupted, or that the services are free from viruses or other harmful components, or that any defects or errors will be corrected.
12.3 AI-enabled services
You recognize and accept that the results generated by AI-enabled services may contain inaccuracies, may exhibit bias, may be incomplete or incorrect, and may produce responses that could be deemed objectionable or offensive. Additionally, these outputs may not consider developments or changes in underlying facts that have taken place after the AI model's training period, and they may possess other limitations. Users are advised not to depend solely on the factual statements provided in the outputs without independently verifying their accuracy.
12.4 Betas: `As Is`
We may grant you a limited license to access beta version, including prototype or experimental features, pilot programs, limited release access, trials etc. (collectively referred to as `Betas`). These Betas may have restricted functionality and are likely to contain errors, which may result in the provision of incorrect information and other bugs. There is no assurance that Betas will be fully developed or made generally available. Curiominds does not guarantee the ongoing maintenance of any Betas and reserves the right to modify or discontinue them at any time. You acknowledge that Curiominds is not obligated to provide support for Betas. Access to a Beta is provided `as-is` solely for the purpose of testing and evaluating its features and educational applications. Curiominds retains the right to alter participation terms, or terminate the Beta at its discretion. By accepting an invitation to join a Beta, you confirm that you meet any eligibility requirements for participation. You may cease using a Beta at any time. Curiominds provides betas `as is` and disclaims all warranties, including any implied warranties of fitness for a particular purpose or merchantability.
12.5 Harm to Your Computer
You acknowledge and agree that your use of the website to download or otherwise acquire content, materials, software, or data is done at your own discretion and risk. You will be solely responsible for any damage to your property, including your computer system, or for any loss of data that may result from such actions.
12.6 Limitations by Applicable Law
Certain jurisdictions do not permit the exclusion of implied warranties; consequently, the exclusions stated above may not be applicable to you. Additionally, you may possess other rights that vary depending on your jurisdiction.
13.1 Limitation of Liability
Under no circumstances, including but not limited to instances of negligence, shall Curiominds or its affiliated parties be liable for any special, indirect, incidental, consequential, punitive, reliance, or exemplary damages. This includes, but is not limited to, damages resulting from unsuccessful legal actions or disputes, lost business opportunities, lost revenues or profits, loss of data, or any other financial or non-financial loss or damage of any kind. This limitation applies even if Curiominds or its affiliated parties have been advised of the possibility of such damages arising from or related to (i) these terms; (ii) your use of (or inability to use) the website or Curiominds offerings; or (iii) any interactions with Curiominds or any third party in connection with the Curiominds offerings, including interactions with other users.
13.2 Limitation of Damages
In no event shall the total liability of Curiominds or its affiliated parties to you for all damages, losses, and causes of action arising from or relating to these terms, your use of the website, or your interactions with other users (whether based on contract, tort—including negligence—warranty, or otherwise) exceed the amount you paid to Curiominds, if any, for accessing the website during the twelve months immediately preceding the date of your claim.
13.3 Basis of the Bargain
You acknowledge and agree that Curiominds has provided the website and entered into these terms based on the disclaimers and limitations of liability outlined herein. You further agree that these disclaimers and limitations represent a fair and reasonable allocation of risk between you and Curiominds and are fundamental to the agreement between you and Curiominds. Without these limitations, Curiominds would not be able to offer the website on an economically viable basis.
13.4 User Interactions and Release
13.4.1 User Disputes
Curiominds is not liable for the actions, content, information, or data provided by third parties, including other users. You are solely responsible for your interactions with other users of the Services and any other parties you engage with through the Service. It is advisable to conduct any necessary investigations prior to engaging in any online or offline interactions with others. While we reserve the right to intervene in disputes that may arise, we are under no obligation to do so.
13.4.2 Release
In the event of a dispute with one or more users, you hereby release Curiominds (and its affiliated parties) from all claims, demands, and damages (both actual and consequential) of any kind—whether known or unknown—that arise from or are in any way related to such disputes.
14.1 Notice
Curiominds may provide you with notices regarding changes to the Terms via email or other reasonable means.
14.2 Waiver
The failure of Curiominds to exercise or enforce any right or provision of the Terms does not constitute a waiver of such right or provision.
14.3 Governing Law
The Terms will be governed by and construed in accordance with the laws applicable in your jurisdiction.
14.4 Dispute Resolution and Arbitration
To expedite and control the costs of disputes, Curiominds and you agree that any legal or equitable claim arising from or related to your use of the Services or these Terms (“Dispute”) will be resolved as follows, to the fullest extent permitted by law:
14.4.1 Notice of Dispute
In the event of a Dispute, you or Curiominds must provide the other party with a written statement that outlines the facts giving rise to the Dispute and a proposed solution (a “Notice of Dispute”). You must send any Notice of Dispute by mail to Curiominds at its registered address.
14.4.2 Binding Arbitration
Any Dispute that has not been resolved through negotiation shall be finally resolved by binding arbitration as described in this Section 14.4. By agreeing to this provision, you are waiving your right to litigate all Disputes in court before a judge or jury.
14.4.3 Class Action Waiver
Any proceedings to resolve or litigate any Dispute will be conducted solely on an individual basis.
14.4.4 Arbitration Procedures
Any arbitration will be conducted by an agreed-upon arbitration service under its rules in effect at the time the Dispute is filed.
14.4.5 Arbitration Fees
The party initiating the arbitration will pay the initial filing fee unless a waiver applies under applicable arbitration rules.
14.4.6 Filing Period
To the extent permitted by law, any Dispute under these Terms must be filed within one (1) year in an arbitration proceeding.
14.4.7 Venue
If any Dispute cannot be resolved through binding arbitration in accordance with this Section 14.4, you agree that such Dispute will be filed only in courts that have jurisdiction over your location.
14.5 Severability
If any provision of the Terms is found to be unlawful or unenforceable, that provision will be limited or eliminated to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.
14.6 Assignment
You may not transfer or assign your rights under these Terms without prior written consent from Curiominds; however, Curiominds may assign its rights without consent.
14.7 Survival
Upon termination of these Terms, any provisions that should survive will remain in effect, including those related to liability limitations and dispute resolution.
14.8 Headings
The headings in these Terms are for convenience only and do not constitute a part of the Terms.
14.9 Entire Agreement
These Terms constitute the entire agreement between you and Curiominds regarding this subject matter, superseding any prior agreements or understandings related to it.
14.10 Disclosures
The Services are hosted in Hong Kong, and the services provided hereunder are offered by Curiominds.Copyright © Curiominds 2023