Terms of Service
Acceptance of Terms§
Curate Software Corporation (“Curate Software,” “we,” “us,” or “our”), a corporation governed by the laws of the State of Delaware, provides the Curate Wine application (including its mobile and desktop applications and installable web application), websites, marketing sites, forms, guides, resources, content, and related products and services (collectively, the “Services”). By accessing or using the Services, you acknowledge that you have read, understand, and agree to be bound by the following terms and conditions (the “Terms of Service” or “Agreement”), whether or not you are a registered user of our Services. This Agreement applies to all visitors, users, and others who access the Services (“Users”). If you do not agree to this Agreement, do not access or use the Services.
Our Privacy Policy describes how we collect, use, disclose, store, and protect information when you use the Services, and we encourage you to review it. The Privacy Policy is provided as a notice and is not part of this Agreement, except where applicable law provides otherwise.
PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THIS AGREEMENT FORMS A BINDING LEGAL AGREEMENT BETWEEN YOU AND CURATE SOFTWARE, THE OWNER OF CURATE WINE. THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION OF DISPUTES PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTION LAWSUITS, AND ALSO LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE. YOU MAY OPT OUT OF ARBITRATION WITHIN THIRTY (30) DAYS OF FIRST ACCEPTING THIS AGREEMENT, AS DESCRIBED IN THE “GOVERNING LAW AND ARBITRATION” SECTION BELOW.
Changes to This Agreement§
Curate Software may modify this Agreement from time to time. If a change is material, we will provide notice at least thirty (30) days before it takes effect, by email to the address associated with your account and/or by prominent notice within the Services, and we will update the “last modified” date at the bottom of the Terms of Service. Material changes apply prospectively from their effective date and do not apply retroactively.
Your continued use of the Services after the effective date of a change constitutes your acceptance of the modified Agreement. If you do not agree to a change, you must stop using the Services, and you may cancel any Subscription before the change takes effect.
Changes to the “Governing Law and Arbitration” section do not apply to any dispute of which either party had actual notice on or before the effective date of the change.
Term and Termination§
This Agreement shall remain in full force and effect while you use the Services.
You may stop using the Services at any time, and you may delete your account through the account-deletion feature within the Services (which requires confirmation through a verification link sent to your account email address) or by contacting us. Account deletion takes effect immediately: your account is disabled and your name and email address are de-identified. You should treat account deletion as permanent. If you delete your account by accident, contact us as soon as possible; we may be able to restore access within thirty (30) days of deletion, after which restoration is not possible. Deletion and retention of underlying data are described in the Privacy Policy.
We may suspend or terminate your membership or your use of the Services at any time, with or without notice, as described in this Agreement. Curate Software reserves the right to refuse continued access to Users who violate this Agreement, including access to their account data, except where applicable law provides otherwise.
Upon any termination of this Agreement or of your use of the Services, provisions that by their nature should survive termination shall survive, including licenses you have granted to public User Content, “Our Proprietary Rights,” “Indemnity,” “No Warranty,” “Limitation of Liability,” “Governing Law and Arbitration,” and “General.”
Eligibility and Minors§
You may use the Services only if you can form a binding contract with Curate Software, and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules, and regulations. You must be 18 (eighteen) years of age or older to use the Services. The Services are not available to any users previously removed from the Services by Curate Software. You furthermore represent and warrant that you are not located in a country that is subject to a U.S. embargo or that has been designated by the U.S. Government as a “terrorist-supporting” country, and you are not listed on any U.S. Government list of prohibited or restricted parties.
Consumption of Alcohol§
Curate Software does not encourage the excessive or unlawful consumption of alcoholic beverages. You affirm that any alcoholic beverages consumed in conjunction with your use of the Services were done so in accordance with applicable laws and regulations in your jurisdiction, including, but not limited to, age requirements in excess of those required by Curate Software for use of the Services. You agree to indemnify and hold harmless Curate Software from and against any and all claims, damages, and liabilities arising from or related to your consumption of alcohol or your actions while under the influence of alcohol.
According to the United States Surgeon General, women should not drink alcoholic beverages during pregnancy because of the risk of birth defects. Consumption of alcoholic beverages impairs your ability to drive a car or operate machinery, and may increase cancer risk or increase the likelihood of other health problems.
Accounts and Security§
Your Curate Wine account gives you access to the Services and functionality that we may establish and maintain from time to time and in our sole discretion. You may never use another user’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account.
When you create an account, you will be asked to create a password, and you may also be able to sign in using one-time passcodes or similar verification codes sent to your account email address (collectively with your password, “login credentials”). You are solely responsible for maintaining the confidentiality of your login credentials and keeping them secure. You agree not to use the account or login credentials of another member at any time or to disclose your login credentials to any third party. You agree to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers, and symbols) with your account. Because one-time passcodes and other account notices are delivered by email, maintaining the security of your email account is essential; treat access to your email account as access to your Curate Wine account. You agree to notify us immediately if you suspect any breach of security or an unauthorized use of your account or login credentials. You are solely responsible for any and all use of your account. Curate Software will not be liable for any losses caused by any unauthorized use of your account.
By purchasing a Subscription through our checkout process, you authorize Curate Software to create an account on your behalf using the email address provided during checkout if one does not already exist. You agree to complete any missing account information promptly upon first sign-in.
By providing Curate Software with your email address, you consent to our using the email address to send you Curate Wine-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as those regarding changes to features of the Services and special offers. You may opt out of marketing and promotional email messages; opting out may prevent you from receiving messages regarding updates, improvements, or offers. You may not opt out of transactional, security, billing, or legally required service notices while you maintain an account.
General Conditions§
We reserve the right to refuse to provide the Services to anyone for any reason at any time. We may, without prior notice, change the Services; stop providing the Services or features of the Services to you or to users generally; or create usage limits for the Services. We may permanently or temporarily terminate or suspend your access to the Services, without notice and liability, for any reason, including if, in our sole determination, you violate any provision of this Agreement, or for no reason. We reserve the right to force forfeiture of any username that becomes inactive, violates trademark, or may mislead other Users.
Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Services for your personal, noncommercial use only and as permitted by the features of the Services. Curate Software reserves all rights not expressly granted herein in the Services and the Curate Wine Content (as defined below). Curate Software may terminate this license at any time for any reason or no reason.
Set forth below are terms setting forth prohibited user conduct and content regarding the Services. While Curate Software prohibits such conduct and content on the Services, you understand and agree that Curate Software cannot be responsible for the content posted in connection with the Services or on its website and you nonetheless may be exposed to such materials and that you use the Services at your own risk.
Although the Services are normally available, there will be occasions when the Services will be interrupted for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and equipment that are beyond the control of Curate Software.
Violation of any provision of this Agreement may result in the suspension or termination of your Curate Wine account.
Use of Services§
You must not harass, abuse, threaten, impersonate, or intimidate other Users. You may not post nude, partially nude, or sexually suggestive photos or videos. You may not use the Services for any illegal or unauthorized purpose. International users agree to comply with all local laws regarding online conduct and acceptable content. You must not modify, adapt, or hack the Services or modify another website so as to falsely imply that it is associated with Curate Wine. You must not use web URLs in your name without prior written consent from Curate Software. You must not access any Curate Wine API, endpoint, or non-public interface except through Curate Wine websites, applications, or other means expressly authorized by Curate Software. You must not, in the use of the Services, violate any laws in your jurisdiction, including, but not limited to, copyright laws.
You are prohibited from: (i) copying, distributing, or disclosing any part of the Services or any content from the Services, including user profiles, photos, videos, and tasting notes, in any medium, including by automated or non-automated crawling or scraping; (ii) using robots, spiders, offline readers, or other automated systems to access the Services in a manner that sends more requests than a human could reasonably produce using a conventional online browser; (iii) transmitting spam, chain letters, or other unsolicited email, messages, or comments; (iv) attempting to interfere with, compromise, or test the system integrity or security of the Services without authorization; (v) taking any action that imposes, or may impose, an unreasonable or disproportionately large load on our infrastructure; (vi) uploading invalid data, viruses, worms, or other malicious software agents; (vii) collecting or harvesting personally identifiable information, including account names, from the Services; (viii) using the Services for commercial solicitation purposes; (ix) impersonating another person, misrepresenting your affiliation, conducting fraud, hiding your identity, or attempting to hide your identity; (x) interfering with the proper working of the Services; (xi) accessing content through any technology or means other than those provided or authorized by the Services; (xii) reverse engineering, disassembling, modifying, adapting, or otherwise attempting to access the computer code or other intellectual property of Curate Software; (xiii) bypassing measures we use to prevent or restrict access to the Services, copying of content, or limits on use; or (xiv) bypassing, disabling, interfering with, falsifying signals to, or misrepresenting information to security, bot-detection, rate-limiting, form-integrity, anti-spam, anti-scraping, anti-abuse, or fraud-prevention technologies, including third-party tools such as Cloudflare Turnstile.
Subscriptions and Refunds§
Portions of the Services are available only to users who purchase a recurring subscription plan (“Subscription”). Each Subscription enables your account to access a discrete set of features (“Entitlement”) while it remains active and in good standing.
- Subscription Term. Each Subscription will automatically renew at the chosen interval (“Subscription Term”) for the price displayed during checkout until canceled.
- License for Business Products. If you or your organization has entered into a separate written agreement with Curate Software (such as a Master Services Agreement (“MSA”)), the license terms of that agreement supersede those defined in this Agreement in cases of conflict.
- License for Consumer Products. Purchasing a Subscription grants you a single, non-exclusive, non-transferable license to use the Entitlement corresponding to your Subscription while it remains active. Your license does not permit shared use of the Subscription or Entitlement with any other individual.
- Free Trials. We do not offer free trials. If a free trial is offered in the future, it will be explicitly stated at checkout or in a separate written promotion, and its terms will be described therein.
- Fees. Upon entering into a Subscription, you will be automatically charged the cost of your Subscription for the selected Subscription Term (“Fees”). You agree to pay the Fees monthly or annually in advance according to your Subscription and Subscription Term, or as otherwise agreed between you and Curate Software, using a payment method presented at checkout and processed through our payment processor (Stripe). Curate Software accepts payments via Stripe only and does not accept payments through the Apple App Store or Google Play. If you pay by credit card, you authorize our payment processor to charge your payment method for recurring Fees and, where supported, to update card information (e.g., updated expiration dates) to maintain continuity of payments and avoid suspension of your Subscription for nonpayment.
- Taxes. Fees are exclusive of taxes unless stated otherwise at checkout. You are responsible for any applicable sales, use, value-added, goods-and-services, or similar taxes, duties, or governmental charges, other than taxes on Curate Software’s net income. Where Curate Software is required to collect tax, it will be calculated and added at checkout or on the renewal invoice at the then-applicable rate.
- Renewal Reminders. For Subscriptions with a Subscription Term of one (1) year or longer, Curate Software will send a renewal reminder to your account email address between thirty (30) and forty-five (45) days before the renewal date, identifying the renewal price and term and how to cancel.
- Nonpayment. When Curate Software is unable to collect Fees for the renewal of a Subscription for any reason (e.g., reissued or expired credit card, insufficient funds, etc.), your Subscription will become past due. While your Subscription is past due, your Entitlement may be restricted or fully revoked. Curate Software may reattempt charging your payment method on-file to reactivate your Subscription.
- Price Changes. When the price of an existing Subscription is increased, Curate Software shall notify you of the new price via email at least sixty (60) days before the change goes into effect. In the event that a price increase will not affect your existing Subscription, Curate Software will not be obligated to provide notice of the price change. In the event of a price decrease wherein the Entitlement and Subscription Term are identical to your existing Subscription, Curate Software shall honor the new, lower price for your existing Subscription, beginning with the next renewal payment charged following the effective date of the change. If you do not agree to a price increase, you may cancel your Subscription before the new price takes effect; the increase will not apply to any Subscription Term already paid.
- Cancellation. You may cancel your Subscription at any time through your account’s Billing Portal (instantly) or by emailing us at <hello@curate.wine>. Cancellation stops future renewals; you will retain your Entitlement until the end of the then-current Subscription Term, and you will not be charged again for the canceled Subscription. After your Subscription ends, you will lose access to subscription-only features included in the Entitlement, including the ability to create new blind tasting notes and any features that require an active Subscription or usage credits. You will continue to have read-only access to your existing blinded tasting notes and to study reports and analytics that were available to you during your Subscription, for as long as we make the applicable read-only functionality generally available. Read-only access does not include access to new features, report types, or functionality introduced after your Subscription ends, nor to features that require an active Subscription, usage credits, or separate purchase. This continued access is provided at our discretion and is subject to this Agreement, account deletion, legal requirements, discontinuation of the Services, and any suspension or termination for cause.
- Revocation. Curate Software may cancel your Subscription and revoke your Entitlement at any time should it, in its sole discretion, find you to be in violation of any provision of this Agreement.
- Refunds. Curate Software offers a 14-day money-back guarantee on initial Subscription initiation. If you find that the Subscription is not suitable for your intended use or are otherwise dissatisfied, we will, upon your written request via email to <hello@curate.wine> received within fourteen (14) calendar days of initial purchase, refund your payment within thirty (30) calendar days. Refunds will only be processed using the same payment method as the original purchase. Any and all bank fees and charges related to your purchase shall be borne solely by you. Refunds are not offered for subsequent payments; not offered pro rata, including in the event of a price decrease; and are limited to one (1) per customer per type of Subscription, as determined by its corresponding Entitlement, regardless of Subscription Term. Should you demonstrate a pattern of repeated registrations for Subscriptions followed by cancellation and request for refund, Curate Software may, in its sole discretion, withhold further registrations and/or refuse further refunds.
Feature-Specific Terms§
The following terms apply to specific features available within the Services. Not all features are available on all Subscription types; see the pricing and feature details published on our website for current availability.
- Entitlements, Quotas, and Fair Use. Certain features within your Entitlement may be subject to usage limits, quotas, eligibility requirements, technical limits, or fair-use restrictions, including limits on recorded or transcribed sessions, manual review requests, report generation, storage, bandwidth, processing, and support. Current limits may be displayed during checkout, in the pricing section of our website, within the Services, or in other feature descriptions. Unless otherwise stated, usage limits reset at the beginning of each Subscription Term, do not roll over, are not transferable, have no cash value, and are not redeemable for refunds, credits, or other consideration. Curate Software may monitor usage to enforce this Agreement, prevent abuse, maintain service quality, control operational costs, and preserve availability for other Users.
- “Unlimited” and “Unmetered” Features. If a Subscription, Entitlement, or feature is described as “unlimited,” that means the feature is not subject to a fixed metered cap under ordinary individual use. It does not mean unlimited, unrestricted, automated, abusive, shared, commercial, or excessive use. “Unlimited” features remain subject to this Agreement, technical constraints, applicable laws, account eligibility, Subscription status, fair use, anti-abuse controls, and operational availability. Curate Software may throttle, rate-limit, restrict, suspend, or terminate access to any feature where we reasonably believe usage is excessive, abnormal, automated, abusive, intended to avoid payment, intended to resell or share access, harmful to the Services, inconsistent with ordinary individual use, or unfair to other Users. We may also impose or revise technical limits where reasonably necessary to protect the Services, manage costs, maintain performance, or comply with third-party provider requirements.
- Voice Recording, Dictation, and Transcription. Voice recording, dictation, and transcription features are optional features available only on eligible Subscriptions and only where supported by the Services. Each voice recording, dictation, or transcription session is limited to thirty (30) minutes. Curate Software may stop, reject, truncate, split, or decline to process any recording or transcription session that exceeds this limit or that cannot be processed reliably. Transcriptions may be incomplete, inaccurate, delayed, unavailable, or affected by audio quality, background noise, accents, interruptions, technical issues, third-party provider availability, or other factors. Where voice-control functionality is enabled, transcribed speech may also be interpreted to select or modify tasting-note fields. You are responsible for reviewing, correcting, and saving any transcription, resulting field selection, or tasting note before relying on it.
- Voice-Enabled Session Counting. A voice recording, dictation, or transcription session may count against your applicable usage limit or quota once the session is initiated, recorded, uploaded, streamed, submitted for processing, reserved for processing, or otherwise causes Curate Software or a Service Provider to incur processing activity, regardless of whether the resulting tasting note, recording, or transcription is ultimately saved, completed, edited, deleted, abandoned, or associated with a finalized note. Curate Software may make reasonable exceptions at its discretion for documented technical failures caused by the Services, but is not obligated to credit, restore, or refund sessions that are unsaved, abandoned, deleted, interrupted, or not useful to you.
- Recording Responsibilities and Consent. You are responsible for ensuring that you have all rights, permissions, and consents required to record, upload, transcribe, store, or submit audio through the Services. You may not use voice features to record another person without any consent required by applicable law, to record confidential or sensitive information that you are not authorized to provide, to infringe another person’s rights, or to violate any law, school policy, examination policy, workplace policy, venue policy, or professional obligation. You are solely responsible for the content of recordings and transcriptions submitted through your account.
- Insights Concierge. Certain Subscriptions may include access to a manual review service known as “Insights Concierge,” in which Curate Software personnel review eligible tasting data and provide a written summary of observations. Insights Concierge is available only while your eligible Subscription is active and in good standing, and is subject to eligibility requirements, request limits, data sufficiency requirements, reviewer availability, operational capacity, and the frequency limits described on our website, during checkout, within the Services, or in other feature descriptions. Insights Concierge deliverables are general observations based on the data available to Curate Software at the time of review. They do not constitute exam coaching, grading, scoring predictions, professional wine education advice, employment advice, business advice, or a guarantee of examination performance, certification, tasting accuracy, or any other outcome.
- Insights Concierge Data Sufficiency and Fulfillment. Curate Software may decline, defer, limit, or modify an Insights Concierge request if we determine that your account does not contain enough relevant tasting data, that the available data is incomplete or inconsistent, that the request falls outside the supported scope of the feature, that the request would require disproportionate manual effort, or that fulfilling the request would be impractical, inappropriate, or inconsistent with this Agreement. We may satisfy an Insights Concierge request by providing a limited response, requesting additional information, explaining that the available data is not sufficient for meaningful review, or otherwise responding in a manner we determine is reasonable under the circumstances. Submission of a request does not guarantee that a full written analysis will be provided.
- Insights Concierge Timing and Availability. Any delivery timelines, turnaround estimates, or response windows for Insights Concierge are targets only and are not service-level commitments. Curate Software does not guarantee a specific delivery date or response time. Insights Concierge may be delayed, unavailable, capacity-limited, modified, or temporarily suspended due to reviewer availability, operational constraints, technical issues, holidays, illness, abuse prevention, account issues, insufficient data, or other circumstances. Curate Software may change the format, scope, eligibility requirements, data thresholds, frequency limits, review criteria, or supported request types for Insights Concierge at any time. Curate Software may discontinue Insights Concierge by providing at least ninety (90) days’ notice, except that we may suspend, restrict, or discontinue the feature sooner where necessary for legal, security, abuse-prevention, vendor, operational, or service-integrity reasons.
- Insights Concierge Accuracy, Usefulness, and Reliance. Curate Software makes no warranty that any Insights Concierge deliverable will be accurate, complete, current, useful, actionable, suitable for your goals, or fit for any particular task or purpose. Insights Concierge deliverables may reflect subjective judgment, limited data, incomplete tasting history, changing feature logic, changing review thresholds, or evolving product capabilities. You are solely responsible for deciding whether and how to use any Insights Concierge deliverable. To the fullest extent permitted by law, Curate Software is not responsible for decisions, losses, missed opportunities, examination outcomes, employment outcomes, business outcomes, reputational harm, or other consequences arising from your use of, reliance on, or inability to use Insights Concierge or any related deliverable.
- Study Reports, Analytics, and Data Quality. Study reports, analytics, recommendations, comparisons, conclusion accuracy, timing data, progress indicators, and similar outputs are generated from the information available in your account and from the methods Curate Software uses at the time the output is generated. These outputs may be incomplete, inaccurate, outdated, or affected by missing data, user input errors, changes to product logic, changes to scoring or classification methods, or other limitations. Curate Software may modify, recalculate, reclassify, remove, or stop providing reports, analytics, thresholds, metrics, or recommendations at any time. Reports and analytics are provided for informational and educational purposes only and do not guarantee examination performance, certification, employment, tasting ability, wine quality, or any other outcome.
- Feature Changes and Third-Party Dependencies. Features may depend on third-party services, infrastructure, APIs, transcription providers, model API providers, venue-data providers, payment processors, content delivery networks, or other Service Providers. Curate Software is not responsible for outages, changes, errors, delays, limits, pricing changes, or discontinuation of third-party services, except to the extent required by applicable law. Curate Software may modify, replace, suspend, restrict, or discontinue features where reasonably necessary due to technical constraints, provider limitations, security concerns, abuse prevention, operational costs, legal requirements, or product changes. Feature modifications, limits, or discontinuations do not entitle you to a refund except as expressly provided in this Agreement or required by applicable law.
- Preview and Early-Release Features. Features designated as “Preview,” “Alpha,” “Beta,” “Early Release,” “Experimental,” or “Coming Soon” are provided as-is without warranty of any kind, may be incomplete, may change materially, may produce inaccurate or unexpected outputs, may be modified or discontinued without prior notice, and are not subject to any service-level commitment. Your use of such features is voluntary and at your own risk.
- Venue Tagging. The Services may allow you to search for and tag venues in tasting notes using Google Places API or other venue-data providers. Venue suggestions, addresses, place identifiers, coordinates, geolocation, and related data are provided by third parties, may be incomplete or inaccurate, and are subject to those third parties’ applicable terms and policies. Venue tagging is optional. You are responsible for reviewing the visibility settings for each tasting note before including venue or location information.
- Plan Changes. You may request a change from one Subscription type to another by contacting Curate Software. If approved, the change will be prorated based on the unused portion of your current Subscription Term. Proration amounts and the effective date of the change will be communicated to you before the change is processed. Curate Software reserves the right to decline a plan change request where the change cannot be processed automatically, is not operationally supported, would be inconsistent with feature entitlements, or would create billing, quota, or abuse-prevention issues.
- Support. Curate Software aims to respond to support inquiries within two (2) business days. Response times are targets, not guarantees, and may vary based on volume and complexity. Support is limited to technical issues and account topics related to the Services. Exam coaching, wine education questions, tasting instruction, professional advice, account-sharing support, and requests outside the supported scope of the Services are not included unless Curate Software expressly states otherwise in writing. Subscribers may be offered additional support channels, such as video calls, as described on our website; availability of these channels may change without notice.
Proprietary Materials and Resources§
From time to time, Curate Software may make available proprietary guides, checklists, templates, articles, educational resources, interactive tools, demonstrations, reports, downloads, tokenized or access-controlled links, lead magnets, email-delivered resources, and other Curate-owned materials, whether made available through the Curate Wine application, our websites, marketing pages, forms, emails, or other channels (collectively, “Curate Materials”). Curate Materials are part of the Services and, except for User Content, are Curate Wine Content under this Agreement.
Subject to this Agreement and any additional terms presented with a specific resource, Curate Software grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access, view, and use Curate Materials solely for your personal, noncommercial, educational, or internal evaluation purposes. Unless Curate Software expressly states otherwise in writing, Curate Materials are not sold to you, do not create a Curate Wine account, Subscription, Entitlement, or continuing access right, and may be modified, corrected, updated, disabled, rate-limited, expired, revoked, or discontinued at any time.
You may not copy, reproduce, republish, upload, post, publicly display, distribute, sell, license, rent, transfer, share access to, mirror, archive, scrape, extract, create derivative works from, or commercially exploit Curate Materials except as expressly permitted by this Agreement, by functionality we make available within the Services, or by prior written permission from Curate Software. You may not share private, individualized, tokenized, access-controlled, or non-public links or access credentials in a manner that allows others to bypass forms, access controls, rate limits, usage limits, attribution, or other restrictions. You may not remove proprietary notices, misrepresent the source or ownership of Curate Materials, or use Curate Materials to build, train, benchmark, populate, or improve a competing product, service, dataset, model, or commercial educational resource without our prior written permission.
Curate Materials are provided for general educational and informational purposes only. They are not exam coaching, professional advice, or a guarantee of examination performance, certification, employment, tasting accuracy, wine quality, or any other outcome. References to third-party examinations, organizations, certification bodies, tasting methodologies, wines, regions, producers, trademarks, or other third-party materials are provided for identification, commentary, compatibility, or educational context only and do not imply sponsorship, endorsement, affiliation, or approval by the relevant third party unless expressly stated by Curate Software in writing.
Your access to and interaction with Curate Materials may be logged, measured, analyzed, protected against abuse, and otherwise processed as described in our Privacy Policy, including for security, anti-spam, bot-detection, anti-scraping, telemetry, analytics, debugging, product-improvement, and enforcement purposes.
User Content§
Some areas of the Services allow users to post, submit, upload, record, display, or otherwise make available content such as video, images, profile information, comments, questions, tasting notes, audio recordings, transcriptions, venue tags, form responses, and other content or information (collectively, “User Content”). Curate Software claims no ownership rights over User Content created by you. The User Content you create remains yours, subject to the licenses and rights granted in this Agreement.
Users decide who can see their tasting notes using the visibility controls made available in the Services. Tasting notes are public by default, and you may change the visibility of each note using those controls. Visibility can be set on a per-note basis, and more granular privacy settings may be added in the future. Public tasting notes and other public User Content may be searchable, viewable, shared, copied, cached, or otherwise accessed by other Users and by members of the public, including people who do not have Curate Wine accounts. Private tasting notes are intended to be visible only to their author while signed in, except as described in this Agreement and the Privacy Policy for purposes such as providing, securing, supporting, reviewing, enforcing, or legally complying in connection with the Services.
For tasting notes shared with other Users, Curate Software currently limits the fields displayed to others. At this time, only your first name and last initial are shown with shared tasting notes, and the following fields are not displayed to other Users: location, venue names, geolocation, names of tasting partners, inebriation level, user-defined tags, photos, and personal notes. For blinded tasting notes using voice features, audio recordings and transcriptions are also intended to be visible only to the note author.
You agree not to post User Content that: (i) creates a risk of harm, loss, injury, or other damage; (ii) seeks to harm or exploit children; (iii) may constitute or contribute to a crime or tort; (iv) is unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of privacy or publicity rights, harassing, humiliating, libelous, threatening, profane, obscene, or otherwise objectionable; (v) contains information that you do not have a right to make available; (vi) contains information that you know is not correct and current; (vii) infringes, misappropriates, plagiarizes, or otherwise violates another person’s intellectual property, privacy, publicity, contractual, or other rights; or (viii) violates any school, examination, professional, ethical, or other applicable policy, including policies related to cheating or ethics.
You represent and warrant that you own your User Content or otherwise have the rights necessary to grant the licenses in this Agreement, that your User Content and Curate Software’s use of it as contemplated by this Agreement and the Services will not violate any law or third-party rights, and that all User Content and other information you provide to us is truthful and accurate to the best of your knowledge.
For the purposes of this Agreement, “Intellectual Property Rights” means all patent rights, copyright rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights, and other intellectual property rights, whether now existing or later arising.
You acknowledge that User Content may contain representations of intellectual property of third parties for illustrative purposes only. Curate Software does not assert or imply ownership of, or affiliation with, such intellectual property or the rightsholders of such intellectual property. All intellectual property is property of its respective owners.
Content Integrity and Third-Party Rights Review. You are responsible for ensuring that your User Content is original to you or that you have all rights, permissions, and licenses needed to submit it and grant Curate Software the rights described in this Agreement. Curate Software may use automated tools, Service Providers, and manual review to detect, investigate, or respond to suspected plagiarism, unauthorized use of third-party intellectual property, cheating, spam, abuse, security risks, or other violations of this Agreement. We may remove, restrict, quarantine, de-index, disable access to, or decline to process User Content, and may suspend or terminate accounts, where we believe such action is appropriate to protect the Services, Users, third parties, or Curate Software. We do not disclose exact security, integrity, or enforcement rules where doing so could reduce the effectiveness of our safeguards.
The views and opinions expressed in User Content are those of the respective authors and do not necessarily represent the views or opinions of Curate Software, its employees, its affiliates, or its licensors.
Curate Software takes no responsibility and assumes no liability for User Content that you or any other User or third party posts or sends over the Services, except to the extent required by applicable law. We do not pre-screen all User Content and are not responsible for User Content submitted by users. However, we may review, classify, remove, restrict, quarantine, de-index, disable access to, or decline to process User Content where we believe it may violate this Agreement, infringe third-party rights, create legal or security risk, or otherwise harm the Services, Users, Curate Software, or third parties.
User Content License Grant and Agreement§
By posting, submitting, uploading, recording, displaying, or otherwise making User Content available on or through the Services, you expressly grant, and you represent and warrant that you have all rights necessary to grant, to Curate Software a royalty-free, sublicensable, transferable, non-exclusive, worldwide, universal license to use, host, store, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, transmit, transcode, format, analyze, classify, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, in whole or in part, and in any form, media, or technology, whether now known or hereafter developed, for use in connection with the Services.
This license includes the rights necessary to operate, provide, secure, support, improve, promote, and enforce the Services; to display, arrange, and present public User Content consistent with your visibility settings and the functionality of the Services; to make public User Content viewable, searchable, and shareable by other Users and the public, including people who do not have Curate Wine accounts; to generate reports, analytics, transcriptions, search indexes, recommendations, or other features you request or use; to perform security, anti-abuse, content-integrity, plagiarism, intellectual-property, and policy-enforcement review; and to comply with law, resolve disputes, and enforce this Agreement.
This license continues for as long as your User Content remains on the Services. If you delete User Content, or if you delete your account, the license ends within a commercially reasonable period, except that it continues: (i) for public User Content that other Users or third parties copied, saved, or re-shared, or that remains in caches, archives, or backups; (ii) to the extent needed for backup, legal, security, audit, dispute-resolution, and enforcement purposes as described in this Agreement and the Privacy Policy; and (iii) for aggregated or de-identified data derived from User Content that can no longer reasonably be used to identify you, which Curate Software may retain and use, including for analytics and product improvement.
Public User Content may remain publicly viewable, searchable, shareable, cached, or otherwise available in perpetuity unless you delete it using available controls, change its visibility settings where available, or Curate Software removes it. Even after deletion, visibility changes, or account deletion, copies may remain in backups for a limited period, in cached or archived pages, or with other Users or third parties who copied, saved, or shared that information while it was public. For User Content that is private, Curate Software will not intentionally display it publicly except as directed by you, as required by law, as necessary to protect, secure, support, or enforce the Services, or as otherwise described in this Agreement or the Privacy Policy.
Curate Software performs technical functions necessary to offer the Services, including, but not limited to, transcoding, watermarking, resizing, indexing, classifying, transcribing, and/or reformatting User Content to allow its use throughout the Services.
Curate Software reserves the right to delete any User Content for any reason, without prior notice. Deleted content may be stored by Curate Software to comply with legal obligations, resolve disputes, enforce this Agreement, protect the Services, or satisfy reasonable backup, archival, legal, security, and audit requirements. Curate Software encourages you to maintain your own backup of your User Content. Curate Wine is not a backup service.
Software and Applications§
We may make available software to access the Services, including mobile and desktop applications distributed through app stores and an installable web application (collectively, “Software”). To use the Software you must have a device that is compatible with the Services. Curate Software does not warrant that the Software will be compatible with your device. Curate Software hereby grants you a non-exclusive, non-transferable, revocable license to use the Software for your own Curate Wine account on devices that you own or control, for your personal use. You may not: (i) modify, disassemble, decompile, or reverse engineer the Software, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute, or otherwise transfer the Software to any third party or use the Software to provide time sharing or similar services for any third party; (iii) make unauthorized copies of the Software; (iv) remove, circumvent, disable, damage, or otherwise interfere with security-related features of the Software, features that prevent or restrict use or copying of any content accessible through the Software, or features that enforce limitations on use of the Software; or (v) delete the copyright and other proprietary rights notices on the Software. You acknowledge that Curate Software may from time to time issue upgraded versions of the Software, and may automatically electronically upgrade the version of the Software that you are using on your device. You consent to such automatic upgrading on your device, and agree that the terms and conditions of this Agreement will apply to all such upgrades. Any third-party code that may be incorporated in the Software is covered by the applicable open source or third-party license EULA, if any, authorizing use of such code. The foregoing license grant is not a sale of the Software or any copy thereof, and Curate Software or its third-party partners or suppliers retain all right, title, and interest in the Software (and any copy thereof), together with all rights not expressly granted under this Agreement. Any attempt by you to transfer any of the rights, duties, or obligations hereunder, except as expressly provided for in this Agreement, is void.
App Store Terms. If you download the Software from the Apple App Store or Google Play, the following additional terms apply. This Agreement is concluded between you and Curate Software only, and not with Apple Inc. (“Apple”) or Google LLC (“Google”), and Curate Software, not Apple or Google, is solely responsible for the Software and its content. Your license to the Software is limited to a non-transferable license to use it on devices that you own or control, as permitted by the applicable app store’s usage rules. Apple and Google have no obligation to furnish any maintenance or support services with respect to the Software. In the event of any failure of the Software to conform to an applicable warranty, you may notify the relevant app store, which may refund the purchase price of the Software (if any) to the extent provided by its policies; to the maximum extent permitted by applicable law, Apple and Google have no other warranty obligation with respect to the Software. Apple and Google are not responsible for addressing any claims by you or any third party relating to the Software or your possession or use of it, including product-liability claims, claims that the Software fails to conform to legal or regulatory requirements, claims arising under consumer-protection or similar laws, and claims regarding infringement of third-party intellectual property rights. You represent and warrant that you comply with the eligibility and export requirements stated in this Agreement, and you agree to comply with applicable third-party terms when using the Software. Apple and its subsidiaries are third-party beneficiaries of this Agreement with respect to Software downloaded from the Apple App Store and, upon your acceptance of this Agreement, will have the right to enforce it against you as such.
Our Proprietary Rights§
Except for your User Content, the Services and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and User Content belonging to other Users, and all Intellectual Property Rights related thereto, are the exclusive property of Curate Software or its licensors (collectively, the “Curate Wine Content”). Curate Software hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the Curate Wine Content (excluding any software code) solely for your personal use in connection with viewing and using the Services. The Services contain content of Curate Software, its affiliates, and other Users. Except as provided within this Agreement, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any content appearing on or through the Services.
Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from any Curate Wine Content. Use of the Curate Wine Content for any purpose not expressly permitted by this Agreement is strictly prohibited.
You may choose to or we may invite you to submit comments or ideas about the Services, including without limitation about how to improve the Services or our products (collectively, “Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited, and without restriction and will not place Curate Software under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, Curate Software does not waive any rights to use similar or related ideas previously known to Curate Software, or developed by its employees, or obtained from sources other than you.
Copyright Policy§
Curate Software respects the intellectual property of others, and we ask our users to do the same. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of Curate Software to terminate the privileges of any user who repeatedly infringes the copyright rights of others upon receipt of prompt notification to Curate Software by the copyright owner or the copyright owner’s legal agent. Curate Software will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws with respect to any alleged or actual infringement.
Without limiting the foregoing, if you believe that your work has been copied and posted on the Services in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- a description and identification of the copyrighted work that you claim has been infringed;
- a description and identification of where the material that you claim is infringing is located on the Services;
- information reasonably sufficient to permit Curate Software to contact you, including your mailing address, telephone number, and email address;
- a written statement by you that you have a good faith belief that the disputed use of the material is not authorized by the copyright owner, its agent, or the law; and
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Our Copyright Agent may be reached via email at <legal@curate.wine> (Subject Line: “DMCA Takedown Request”).
Counter-Notification. If you believe that your User Content that was removed or disabled is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law to post and use it, you may send our Copyright Agent a written counter-notification containing the following information:
- your physical or electronic signature;
- identification of the content that has been removed or disabled and the location at which the content appeared before it was removed or disabled;
- a statement, made under penalty of perjury, that you have a good faith belief that the content was removed or disabled as a result of mistake or misidentification;
- your name, mailing address, telephone number, and email address; and
- a statement that you consent to the jurisdiction of the federal court located within the judicial district in which your address is located (or, if you reside outside the United States, the federal courts located in the State of Delaware) and that you will accept service of process from the person who provided the original infringement notification or an agent of such person.
If we receive a valid counter-notification, we may send a copy to the party who submitted the original infringement notice and may restore the removed or disabled content in ten (10) to fourteen (14) business days, unless that party first notifies us that it has filed a court action seeking to restrain the allegedly infringing activity.
Under 17 U.S.C. §512(f), any person who knowingly materially misrepresents that material or activity is infringing, or that material or activity was removed or disabled by mistake or misidentification, may be liable for damages, including costs and attorneys’ fees.
Please note that these procedures are exclusively for notifying Curate Software or its affiliates that your copyrighted material has been infringed or that removed material should be restored. The preceding requirements are intended to comply with Curate Software’s rights and obligations under the DMCA, including 17 U.S.C. §512(c) and §512(g), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws.
In accordance with the DMCA and other applicable law, Curate Software has adopted a policy of terminating, in appropriate circumstances, access of Users who are deemed to be repeat infringers. Curate Software may also, at its sole discretion, limit access to the Services, and/or terminate the accounts of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
Objectionable Content Policy§
Curate Software does not tolerate objectionable content, including, but not limited to pornographic or obscene content. By using the Services, you agree to the Objectionable Content Policy in this Section, and all other terms of this Agreement. Curate Software has no obligation to monitor posts to Curate Wine or to exercise editorial control over such posts; however, we reserve the right to review such posts and to remove any material that, in our absolute and sole discretion, is not appropriate. You agree and acknowledge that your content is subject to such moderation. Users may flag or report objectionable content by contacting Curate Software using the contact information listed at the end of this Agreement.
Third-Party Links§
The Services may use third-party services, APIs, and data sources, including optional venue search and tagging powered by Google Places API or other venue-data providers, and may contain links to third-party websites, services, special offers, or other events or activities that are not owned or controlled by Curate Software. Curate Software does not endorse or assume responsibility for any such third-party sites, information, materials, products, or services. If you access a third-party website or service from the Services, or if you use an optional feature that relies on a third-party data source, you do so at your own risk, and you understand that this Agreement and Curate Wine’s Privacy Policy do not govern that third party’s own services, terms, or policies. You expressly relieve Curate Software from any and all liability arising from your use of any third-party website, service, API, data source, or content, except to the extent liability cannot be excluded under applicable law.
Third-Party Software§
Curate Wine may contain, rely on, or interoperate with third-party software, infrastructure, APIs, content delivery networks, and service providers that require notice and/or additional terms and conditions. Such required third-party notices and/or additional terms and conditions may be requested from Curate Software and are made a part of and incorporated by reference into this Agreement. By using the Services, you are also accepting the additional terms and conditions, if any, required by these third-party software notices and terms and conditions.
Third-party services are subject to their own terms and policies. We use reasonable efforts to select Service Providers that maintain appropriate confidentiality, security, and privacy safeguards, but Curate Software is not responsible for third-party services except as required by applicable law or by our agreements with them.
Indemnity§
You agree to defend, indemnify, and hold harmless Curate Software and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Services, including any data or content transmitted or received by you; (ii) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights; (iv) your violation of any applicable law, rule or regulation; (v) any claim or damages that arise as a result of any of your User Content or any that is submitted via your account; (vi) any other party’s access and use of the Services with your unique username, password or other appropriate security code; or (vii) any disputes between you and other Users of Curate Wine.
If you have a dispute with one or more Users or with any third party arising out of or relating to your use of the Services, you release Curate Software (and the parties identified above) from any and all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.
No Warranty§
THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICES IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CURATE SOFTWARE OR THROUGH THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, CURATE SOFTWARE, ITS SUBSIDIARIES, ITS AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICES WILL MEET YOUR REQUIREMENTS; THAT THE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED, OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL OR MALICIOUS COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICES.
CURATE SOFTWARE DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE MADE AVAILABLE BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED WEBSITE OR SERVICE, AND CURATE SOFTWARE WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
YOU SPECIFICALLY ACKNOWLEDGE THAT CURATE SOFTWARE IS NOT LIABLE FOR ANY ACTION OR INACTION OF ANY THIRD PARTIES, INCLUDING OTHER USERS OF CURATE WINE WITH WHICH YOU ARE INTERACTING, AND THE RISK OF INJURY, PROPERTY DAMAGE, OR DEATH FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
Limitation of Liability§
YOU UNDERSTAND AND AGREE THAT CURATE SOFTWARE HAS NO CONTROL OVER THE ACTS OR OMISSIONS OF ANY OTHER USER OF CURATE WINE WITH WHOM YOU ARE INTERACTING AND CURATE SOFTWARE MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE QUALITY OF THE GOODS OR SERVICES PROVIDED BY ANY USER. YOU UNDERSTAND THAT CURATE SOFTWARE IS NOT RESPONSIBLE FOR THE CONDUCT OF ANY USER, WHETHER ONLINE OR OFFLINE, OF ANY USER. AS SUCH, CURATE SOFTWARE EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY WHATSOEVER FOR ANY CONTROVERSIES, CLAIMS, SUITS, INJURIES, AND/OR DAMAGES ARISING FROM OR IN ANY WAY RELATED TO CURATE WINE.
CURATE SOFTWARE WILL NOT BE INVOLVED IN ANY DISPUTES BETWEEN USERS OF CURATE WINE. CURATE SOFTWARE IS NOT RESPONSIBLE FOR DISPUTES, CLAIMS, LOSSES, INJURIES, OR DAMAGES OF ANY KIND THAT MIGHT ARISE DURING AND AFTER THE USE OF CURATE WINE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CURATE SOFTWARE, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE SERVICES. UNDER NO CIRCUMSTANCES WILL CURATE SOFTWARE BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICES OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CURATE SOFTWARE ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICES; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL CURATE SOFTWARE, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE GREATER OF (A) THE TOTAL AMOUNT YOU PAID TO CURATE SOFTWARE IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100.00 USD).
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF CURATE SOFTWARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
The Services are controlled and operated from facilities in the United States. Curate Software makes no representations that the Services are appropriate or available for use in other locations. Those who access or use the Services from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including, but not limited to, export and import regulations. You may not use the Services if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government. Unless otherwise explicitly stated, all materials found on the Services are solely directed to individuals, companies, or other entities located in the United States.
You understand that you are accessing and using the Services at your own risk. Curate Software may not be held liable for your reliance on any information or data you may have accessed, directly or indirectly, through the Services, nor for your accessing or downloading of any content, material, program, or file through the Services. Curate Software may not be held liable for any loss of data or for any damage to your computer system or any other device used to access the Services. Although we use commercially reasonable safeguards to protect personal information, no method of transmission or storage is completely secure. Curate Software will not be liable for unauthorized access to or disclosure of information except to the extent liability cannot be excluded under applicable law.
Governing Law and Arbitration§
- Governing Law. This Agreement shall be governed by the internal substantive laws of the State of Delaware, without respect to its conflict of laws principles, and the Services shall be deemed solely based in Delaware. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Except for claims that must be arbitrated under this Section, you agree to submit to the personal jurisdiction of the federal and state courts located in Delaware for any dispute arising out of or relating to this Agreement or the Services.
- Informal Resolution. Before either party initiates arbitration, that party must first send the other party a written notice of dispute describing the claim, the requested relief, and the information needed to evaluate the claim. Notices to Curate Software must be sent to <legal@curate.wine>. The parties will attempt in good faith to resolve the dispute informally for at least thirty (30) days after the notice is received. This informal resolution requirement does not apply to claims for emergency injunctive or equitable relief, claims that may be brought in small claims court, or claims that would be time-barred if not filed sooner.
- Arbitration. Except as provided below, any claim, dispute, or controversy arising out of or relating to this Agreement, the Services, or the breach or alleged breach of this Agreement (collectively, “Claims”) shall be resolved by binding arbitration administered by the American Arbitration Association (“AAA”). If you use the Services primarily for personal, family, or household purposes, the AAA Consumer Arbitration Rules and Mediation Procedures then in effect will apply. For all other Claims, including business or commercial use of the Services, the AAA Commercial Arbitration Rules and Mediation Procedures then in effect will apply. The arbitration will be conducted by a single neutral arbitrator. The arbitrator shall have exclusive authority to resolve disputes over arbitrability, except that any dispute about the validity, enforceability, or scope of the class-action waiver below shall be decided by a court of competent jurisdiction. The arbitration may be conducted by video conference, telephone, written submissions, or another remote method unless the arbitrator determines that an in-person hearing is necessary. For Claims arising from use of the Services primarily for personal, family, or household purposes, any in-person hearing will take place at a location reasonably convenient to you, as determined under the applicable AAA rules. For all other Claims, any in-person hearing will take place in Delaware unless the parties agree otherwise or the arbitrator determines that another location is required by applicable law.
- Arbitration Opt-Out. You may reject this arbitration provision by emailing us at <legal@curate.wine> with the subject line “Arbitration Opt-Out” within thirty (30) days of first accepting this Agreement, including your name and account email address. Opting out of arbitration does not affect any other provision of this Agreement.
- Fees and Award. Arbitration fees and arbitrator compensation will be allocated according to the applicable AAA rules and fee schedule. In consumer cases, Curate Software will pay arbitration fees to the extent required by the AAA Consumer Arbitration Rules and Mediation Procedures, the Consumer Due Process Protocol, or applicable law. The arbitrator may award any individual relief available in court, including attorneys’ fees and costs, only to the extent authorized by applicable law, this Agreement, or the applicable AAA rules. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
- Exceptions. Either party may bring an individual claim in small claims court if the claim qualifies. Nothing in this Section prevents either party from seeking injunctive or other equitable relief in a court of competent jurisdiction to prevent actual or threatened infringement, misappropriation, unauthorized access, data-security compromise, or violation of Intellectual Property Rights, privacy rights, security rights, or other proprietary rights. Nothing in this Agreement prevents you from contacting, reporting to, or participating in proceedings before a government agency where applicable law permits you to do so.
- Class Action and Representative Action Waiver. ALL CLAIMS MUST BE BROUGHT ONLY IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF, CLASS MEMBER, PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE-ATTORNEY-GENERAL, OR REPRESENTATIVE PROCEEDING. UNLESS BOTH PARTIES AGREE OTHERWISE IN WRITING, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS OR PRESIDE OVER ANY FORM OF CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE-ATTORNEY-GENERAL, OR REPRESENTATIVE PROCEEDING.
- Mass Arbitration. If twenty-five (25) or more similar arbitration demands or requests for mediation are filed against or on behalf of the same party or related parties and the parties are represented by the same or coordinated counsel, the AAA Mass Arbitration Supplementary Rules and any applicable AAA mass-arbitration fee schedule shall apply to the extent accepted or required by the AAA. The parties agree to cooperate in good faith with the AAA and any process arbitrator to administer such matters efficiently, including by using staged proceedings, bellwether proceedings, global mediation, or other procedures designed to promote fair, efficient, and economical resolution, where ordered by the AAA or agreed by the parties.
- Jury Trial Waiver. YOU AND CURATE SOFTWARE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY TO THE FULLEST EXTENT PERMITTED BY LAW.
- Severability. If any part of this arbitration agreement is found unenforceable, that part shall be severed, and the remaining parts shall remain in full force and effect, except that if the class-action or representative-action waiver is found unenforceable as to a particular Claim, that Claim must proceed in court and not in arbitration.
General§
- Assignment. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Curate Software without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
- Notices. Curate Software may provide notifications, whether such notifications are required by law or are for marketing or other business-related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on our website, as determined by Curate Software in our sole discretion. Curate Software reserves the right to determine the form and means of providing notifications to our Users, provided that you may opt out of certain means of notification as described in this Agreement. Curate Software is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us. Changes to this Agreement are governed by the “Changes to This Agreement” section above.
- Electronic Communications. You consent to receive communications from Curate Software electronically, and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
- Force Majeure. Curate Software shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including acts of God, natural disasters, epidemics, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials, or failures of telecommunications, hosting, or other third-party infrastructure.
- Export Controls. The Services and Software originate in the United States and are subject to United States export laws and regulations, and may also be subject to the import and export laws of other countries. The Services and Software may not be exported or re-exported to certain countries or to persons or entities prohibited from receiving exports from the United States. You agree to comply with all United States and foreign laws related to your use of the Services and the Software.
- Notice for California Users. Under California Civil Code Section 1789.3, California users of the Services are entitled to the following consumer rights notice: the Services are provided by Curate Software Corporation, 18117 Biscayne Blvd #2147, Aventura, FL, 33160-2535. If you have a question or complaint regarding the Services, please contact us via email at <legal@curate.wine>. California residents may also contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Suite N-112, Sacramento, CA 95834, or by telephone at (800) 952-5210.
- Entire Agreement/Severability. This Agreement, together with any amendments and any additional agreements you may enter into with Curate Software in connection with the Services, shall constitute the entire agreement between you and Curate Software concerning the Services. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.
- No Waiver. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Curate Software’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
- Contact. If you have any questions regarding this Agreement, please contact us via email at <legal@curate.wine> or by postal mail at: 18117 Biscayne Blvd #2147, Aventura, FL, 33160-2535
This Agreement was last modified on October 1, 2026.