Terms and Conditions Use of Services Agreement

 

INTRODUCTION

Welcome to CurieAI! The CurieAI Respiratory Health Management app and its accompanying products and services are provided by CurieAI, Inc. (referred to hereinafter as “CurieAI” or “we” (including objective “us” and possessive “our”)). These Terms and Conditions for Use of Services (“Agreement”) constitute the Agreement between you, the end user (“User,” or “you,” including possessive “your,”), and CurieAI in regard to your use of our CurieAi Respiratory Health Management app (the “App”); our www.curiehealth.care website (the “Website”) and all of our web-based respiratory health management systems and technologies; our standard applicable hardware/devices for symptom trigger monitoring and for automatic transmission of information on the evidence for, development of, and severity of symptoms; our data analysis for respiratory health assessment services; our provision symptom monitoring services for detecting respiratory illnesses; our personalized educational material and documentation; our 24/7 on-call support features and services; and our personalized counseling, guidance, and information services provided by CurieAi’s staff of respiratory health educators.  The App and all of the foregoing products and services are collectively referred to hereinafter as the “Services” and are the subject of this Agreement between CurieAI and you.  Accordingly, please read this Agreement carefully, because it constitutes a written contract between you and CurieAI in regard to your use of our App and our Services, and it affects your legal rights and obligations.  Each time you access and/or use our App and/or our Services, you agree to be bound by and comply with all the terms and conditions of this Agreement.  By way of example and not limitation, viewing our Website, downloading our App, or making any other use of our Services constitutes your affirmative consent that you will comply with and be bound by the terms of this Agreement.  Therefore, do not use the Services if you do not agree to all of the terms of this Agreement. 

 

Also, please note that (as stated in Section 12.B. (“Updates to this Agreement”) below) CurieAI reserves the right to modify, change, amend, update, or supplement the terms and conditions of this Agreement at any time without prior notice.  Therefore, we recommend that you review this Agreement from time to time to determine if changes have been made to this Agreement, because you will be bound by the most recent version of this Agreement: You understand and acknowledge that CurieAI shall only be posting the most recent version of this Agreement on the Website and in the App, that you are bound by the most recent version of this Agreement at any time you use or access Services in any manner, and, therefore, you agree that it is your responsibility to review this Agreement on a regular and frequent basis.

1. NO MEDICAL ADVICE OR TREATMENT and YOUR ASSUMPTION OF RISK

CURIEAI DOES NOT OFFER MEDICAL ADVICE OR TREATMENT AS PART OF THE SERVICES.

 

ANY CONTENT PROVIDED OR ACCESSED THROUGH THE SERVICES, INCLUDING BUT LIMITED TO INFORMATION PROVIDED BY CURIEAI’S STAFF OF RESPIRATORY HEALTH EDUCATORS IN RESPONSE TO QUESTIONS YOU MAY SUBMIT BY MEANS OF THE SERVICES, IS FOR INFORMATIONAL PURPOSES ONLY, AND IS NOT INTENDED TO COVER ALL POSSIBLE USES, DIRECTIONS, PRECAUTIONS, DRUG INTERACTIONS, OR ADVERSE EFFECTS.

 

THE SERVICES ARE NOT INTENDED BY CURIEAI FOR USE IN MEDICAL EMERGENCIES, AND THEY SHOULD NOT BE USED EITHER DURING A MEDICAL EMERGENCY OR FOR THE DIAGNOSIS OR TREATMENT OF ANY MEDICAL CONDITION. 

 

PLEASE CONSULT YOUR DOCTOR OR OTHER QUALIFIED HEALTHCARE PROVIDER IF YOU HAVE ANY QUESTIONS ABOUT A MEDICAL CONDITION, OR BEFORE TAKING ANY DRUG, OR BEFORE CHANGING YOUR DIET, OR BEFORE COMMENCING OR DISCONTINUING ANY COURSE OF TREATMENT.  

 

DO NOT IGNORE OR DELAY OBTAINING PROFESSIONAL MEDICAL ADVICE BECAUSE OF INFORMATION ACCESSED THROUGH THE SERVICE. CALL 911 OR YOUR DOCTOR FOR ALL MEDICAL EMERGENCIES.

 

CURIEAI IS NOT RESPONSIBLE OR LIABLE FOR ANY ACTION YOU TAKE OR FAIL TO TAKE BASED ON INFORMATION THAT YOU MAY OBTAIN THROUGH THE SERVICES.

 

IF YOU USE THE SERVICES, YOU DO SO AT YOUR OWN RISK, AND YOU UNDERSTAND, ACKNOWLEDGE, AND AGREE TO THE FOLLOWING:

 

A.  THAT THE SERVICES ARE NOT INTENDED BY CURIEAI TO CONSTITUTE MEDICAL TREATMENT FOR ANY SPECIFIC INJURY, MALADY, DISEASE, MEDICAL CONDITION, OR AILMENT; AND

 

D.  THAT CURIEAI MAKES NO WARRANTY OR REPRESENTATION THAT YOUR USE OF THE SERVICES WILL IMPROVE YOUR HEALTH OR PROVIDE HEALTH BENEFITS, AND THEREFORE THAT YOU HAVE NO REASONABLE EXPECTATION OF ANY SUCH RESULT FROM YOUR USE; AND

 

E.  THAT YOU ASSUME ALL RISK OF PERSONAL INJURY THROUGH YOUR USE OF THE SERVICES; AND

 

F.  THAT, UNDERSTANDING AND AGREEING TO THE FOREGOING, YOU ASSUME ALL RISKS FROM THE USE OF THE SERVICES AND YOU ACCORDINGLY RELEASE AND DISCHARGE CURIEAI FROM RESPONSIBILITY OR LIABILITY FOR ANY AND ALL LEGAL CLAIMS WHICH MAY ARISE FROM YOUR USE OF THE SERVICES.

2. SERVICES and CONTENT

A. Content.

The Services contain, or may contain, a variety of materials and other items relating to CurieAI and its products and services, and similar items from our licensors, merchants, partners, vendors, network members, and other third parties who support us or are affiliated with us (collectively “Partners”).  All content in the Services, including, but not limited to, all layout, information, text, data, files, images, scripts, designs, graphics, button icons, instructions, illustrations, photographs, audio clips, music, sounds, pictures, videos, advertising copy, URLs, technology, software, interactive features, the “look and feel” of the App and/or the Website, and the compilation, assembly, and arrangement of the materials of the Services and any and all copyrightable material (including source and object code), trademarks, logos, trade names, service marks, company names, and trade identities of various parties, including those owned by CurieAI and those owned by third parties and licensed to CurieAI are defined collectively as “Content,” which term includes all of the foregoing.

B. Ownership.

 

The Services and the Content (including any past, present, and future versions) are either owned by CurieAI or controlled by CurieAI through licenses granted to CurieAI by its Partners.  All right, title, and interest in and to the Content available via the Services is the property of CurieAI or of its Partners, and is protected by U.S. federal copyright, trademark, patent, and trade secrets laws and by other federal and state intellectual property and unfair competition laws.  In addition to CurieAI’s copyright ownership of the Content, CurieAI owns a copyright in the selection, compilation, assembly, arrangement, and enhancement of the Content.  “Intellectual Property Rights,” as used in this Agreement, means any and all rights belonging to CurieAI and existing under patent law, copyright law, trade secret law, trademark law, unfair competition law, publicity rights law, privacy rights law, and any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide, in any intellectual property, which includes, but is not limited to, patentable inventions, ideas, and processes, trade secrets, trademarks, trade names, copyrightable works, and any confidential information.  As between you and CurieAI, CurieAI retains all its respective titles, interests, and ownership in the Website, the App(s), the Network, the Storage & Backup services, the Content, and all the Services, and you understand and acknowledge that neither you nor any other User acquires any ownership in any Intellectual Property Rights regarding any of the foregoing.    

C. Limited License Granted to You.

 

Subject to your strict compliance with this Agreement, CurieAI grants you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license (the “Limited License”) to access and use the Services in accordance with the instructions we provide for such use.  

 

The foregoing Limited License does not give you any ownership of, or any other intellectual property interest in, the Services or any Content, and CurieAI reserves the right to suspend or terminate, at any time and for any reason, your Limited License without any advance notice to you, and without any liability.  No right or license other than the Limited License may be construed, under any legal theory, by implication, estoppel, industry custom, or otherwise.  All rights not expressly granted to you are reserved by CurieAI.  Any unauthorized use of the Services or any Content for any purpose is strictly prohibited.

 

D. Rights of Others.

 

In using the Services, you must respect the rights of others.  Your unauthorized use of Content or the Services may violate rights owned by CurieAI or its Partners, and/or your unauthorized use of Content may violate copyright, trademark, privacy, publicity, communications, and other laws.  If you make unauthorized use of Content owned by CurieAI or its Partners or of materials owned by a third party, your use may result not only in the termination or suspension of your account or your ability to use the Services, but also in personal liability for you, as well as potential criminal liability.

E. Third-Party Websites.

 

The App or the Website may provide links to other websites operated by third parties who are not related to, affiliated with, or endorsed by CurieAI.  Because CurieAI has no control over such third-party websites, you understand and acknowledge that CurieAI is not responsible for the availability of such websites and bears no responsibility or liability whatsoever for any content, advertising, services, products, or other materials on or available from such websites. Accordingly, you acknowledge and agree that CurieAI shall have no responsibility or liability, directly or indirectly, for any damage or loss suffered by you and caused directly or indirectly by such third-party websites.  Further, you understand, acknowledge, and agree that this Agreement does not apply to third-party websites and that your use of such websites is subject to the terms and conditions and policies of the owner or owners of such third-party websites.

3. USER-GENERATED CONTENT.

 

A. Your Ownership of User-Generated Content.

 

CurieAI may provide Users with the opportunity to post, upload, display, publish, distribute, transmit, broadcast, or otherwise make available on or submit through the Services (collectively, “submit”) messages, text, illustrations, files, images, graphics, photos, comments, sounds, music, videos, articles, information, content, ratings, reviews, data, questions, suggestions, personally identifiable information, or other information or materials and the ideas contained therein (collectively, “User-Generated Content”).  The creation and sharing of User-Generated Content may be one of the purposes of the Services as developed by CurieAI; however you understand and acknowledge that CurieAI is under no obligation to provide opportunities for you to generate and share User-Generated Content. Subject to the rights and license you grant to CurieAI in this Agreement (see below), you retain whatever legally cognizable right, title, and interest that you have in your User-Generated Content.  You understand and acknowledge that CurieAI has no obligation to monitor or enforce your intellectual property rights to your User-Generated Content.

 

B.Your Private and Non-Private User-Generated Content  

 

In accordance with the available privacy and security settings in the Services, you shall have the ability to submit some of your User-Generated Content in a CurieAI-confirmed secure and private setting that CurieAI makes available (“Private User-Generated Content”).  However, please be aware that if you create and submit User-Generated Content, your User-Generated Content will not be private or confidential unless your privacy is affirmatively indicated by CurieAI.  Unless CurieAI provides confirmation of privacy and security (“Privacy Confirmation”), you acknowledge that your User-Generated Content is, accordingly, “Non-Private User-Generated Content,” and that you do not have a right of privacy in regard to your Non-Private User-Generated Content.  CurieAI will maintain its Privacy Policy https://www.curiehealth.care/privacy-policy in regard to personally identifiable information that you provide as part of your use of the Services, but, unless CurieAI makes an affirmative Privacy Confirmation ensuring your privacy and security, CurieAI shall have no obligation to you in regard to your Non-Private User-Generated Content and no obligation to maintain your Non-Private User-Generated Content as confidential or private.  Therefore, do not submit as User-Generated Content any personally identifiable information such as names, addresses, telephone numbers, email addresses, credit card numbers, social security numbers, bank account numbers, private health information, private family information, private financial information, or private records regarding you or another person, or other private information which relates to you or to another specific individual (hereinafter, “PII”), unless you know that you are submitting such PII as Private User-Generated Content under a Privacy Confirmation and within a secured area of CurieAI’s Services.  Accordingly, under this Agreement, you understand, acknowledge, and agree that your User-Generated Content is non-confidential, unless CurieAI provides you, in advance, with a Privacy Confirmation. 

 

(1) No Guarantee of Complete Privacy with Privacy Confirmation.  You understand, acknowledge, and agree that the Internet and any online software platform may be subject to breaches of security due to a variety of causes, and that even if CurieAI provides you with a Privacy Confirmation, CurieAI cannot guarantee complete privacy and security.

 

(2) Your Assumption of Risk in regard to Private User-Generated Content.  You understand, acknowledge, and agree that because CurieAI cannot guarantee complete privacy and security under its Privacy Confirmation, you shall assume all risk of loss of privacy and security when you use the Services in connection with your Private User-Generated Content.  Further, you acknowledge and agree that this section is part of your general assumption of the risk in regard to the Services, as delineated in Section 1 (“Assumption of Risk”) above.  

 

C. The License You Grant to CurieAI Regarding Your Non-Private User-Generated Content.

 

You hereby grant to CurieAI a non-exclusive, unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual, non-terminable, fully paid-up and royalty-free right and license to use all or any portion of your Non-Private User-Generated Content for any purpose related to providing and/or improving the Services, including the rights to:

 

(1) configure, host, index, cache, archive, store, digitize, compress, optimize, modify, reformat, edit, adapt, and combine your User-Generated Content with other materials; and

 

(2) feature, emphasize, or make conspicuous any Non-Private User-Generated Content in CurieAI’s sole discretion; and

  

(3) use any ideas, concepts, know-how, or techniques contained in your Non-Private User-Generated Content for any purposes whatsoever related to providing and/or improving the Services, including developing, manufacturing, and marketing products and/or other services; and

 

(4) manage and/or remove your Non-Private User-Generated Content from the Services;

 

(5) refrain from making any use of your Non-Private User-Generated Content.

 

In order to further effect the rights and license that you grant to CurieAI to your Non-Private User-Generated Content, you hereby waive any moral rights (including right of attribution and right of preservation of the integrity of your Non-Private User-Generated Content) that you may have in any Non-Private User-Generated Content. You understand that you will not receive any fees, sums, consideration, or remuneration for any of the rights granted in this Section because, you understand and acknowledge, you are granting this license to your Non-Private User-Generated Content as a pre-condition to your use of the Services. 

 

Further, you understand and acknowledge that the license you are granting to CurieAI is perpetual and will continue in full force and effect even if you remove your Non-Private User-Generated Content from the Services.

D. CurieAI’s Enforcement Rights in User-Generated Content.

 

You grant CurieAI the right to protect and enforce its licensed rights to your User-Generated Content, including the right to bring and control enforcement actions in your name and on your behalf at CurieAI’s cost and expense, and to initiate such enforcement action without consulting you ahead of time.  You hereby consent and irrevocably appoint CurieAI as your attorney-in-fact, with the power of substitution and delegation, which appointment is coupled with an interest, for the enforcement of CurieAI’s licensed rights to your User-Generated Content.

 

E. Your Representations and Warranties for Your User-Generated Content.

 

Each time you submit any User-Generated Content, you represent and warrant the following:

 

(1) that you are either over the age of eighteen or that you are over the age of thirteen and have obtained the consent of your parent or guardian; and

 

(2) you are the sole author and owner of the intellectual property and other rights to the User-Generated Content, or you have a lawful right to submit the User-Generated Content and grant CurieAI the rights to it that you are granting by this Agreement; and

 

(3) the User-Generated Content is accurate; and

 

(4) the User-Generated Content is not offensive, obscene, lewd, lascivious, salacious, violent, harassing, threatening, abusive, illegal, injurious, harmful to any other person, or otherwise objectionable; and

 

(5) the User-Generated Content does not and will not infringe any intellectual property or other right of any third party; and

 

(6) the User-Generated Content will not violate this Agreement.

 

 

F. CurieAI’s Right to Use Non-Personally Identifiable Data.

 

You understand, agree, and acknowledge that CurieAI may aggregate non-personally identifiable information and demographic data regarding Users, including you, and their behavior in using the Services and their activities in regard to the Services (“Non-PII Data”).  CurieAI may use and retain this Non-PII Data for any purpose, including but not limited to analyzing,  improving or modifying the Services, without any compensation or royalty owed to you or to any other User.

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4. USER CONDUCT IN USING THE SERVICES.

 

You hereby understand, acknowledge, and agree that you will not do any of the following: alter, modify, edit, amend, abridge, add to, delete from, adapt, repackage, or change any of the Content or the Services in whole or in part; and/or remove any notices of copyright, any watermarking, or any other proprietary notices or language referring to CurieAI’s ownership of the Content and the Services; and/or copy, reproduce, publish, distribute, or redistribute any of the Content, in whole or in part, to any person who is not an authorized User of the Services; and/or attempt to sell, resell, lend, lease, license, sublicense, assign, or otherwise transfer or attempt to transfer the Content, the Services, any rights granted under this Agreement, or any intellectual property rights owned by CurieAI to any other person or entity; and/or provide any other person or entity access to the Services by means of your username and/or your password; and/or attempt to lend, lease, license, sublicense, transfer, assign, sell, or resell your username(s) and password(s) to any other person or entity; and/or decompile, disassemble, translate or reverse engineer any portion of the Services or the Content, or  otherwise discover or duplicate any technology, routines, computer software, algorithms, methods or underlying ideas or design or user interface techniques included in any portion of the Services or the Content; and/or monitor, gather, copy, or distribute such Content (except as may be a result of standard search engine or activity or use of a standard Internet browser) on the Services by using any robot, rover, “bot,” spider, scraper, crawler, spyware, engine, device, software, extraction tool, or any other automatic device, utility, or manual process of any kind; and/or frame or use framing techniques to enclose any Content (including any images, text, or page layout) and display any Content within the frame on another website; and/or insert any code or product to manipulate Content in any way that affects, adversely or otherwise any other User’s experience with the Services; and/or make or attempt to make any commercial use or exploitation of the Services or any of the Content; and/or circumvent, disable or otherwise interfere with the security features of the Services or the Content, or any features that prevent or restrict use or copying of any Content or enforce limitations on use of the Content; and/or collect or harvest any PII, including usernames and passwords, from the Services; and/or create multiple accounts by manual or automated means or under false or fraudulent pretenses; and/or create or transmit unwanted electronic communications or “spam” to other Users of the Services; and/or transmit any viruses, worms, defects, Trojan horses or other code sequence or routines of a destructive nature on or in the Services; and/or use the Services or the Content to violate the security of any computer network, to crack passwords or security encryption codes, or to transfer or store illegal material; and/or use any metatags or any other “hidden text” utilizing any CurieAI trademarks and/or use any device, software or routine that interferes with the proper working of the Services or the Content; and/or claim the Services or any of the Content as your property, your creation, or your work of authorship, in whole or in part; and/or contest or dispute CurieAI’s ownership of all Intellectual Property Rights in the Services and the Content; and/or use the Content after the termination date of your account; and/or fail at any time to provide true, accurate, complete, and current account registration data and information; and/or engage in any activities through or in connection with the Services that seek to attempt to or do harm any individuals or entities or are unlawful, offensive, obscene, lewd, lascivious, salacious, injurious, violent, threatening, harassing, or abusive, or that violate any right of any third party, or are otherwise objectionable to CurieAI; and/or use the Services and/or the Content, in whole or in part, in any manner not authorized by this Agreement.

 

YOU UNDERSTAND, ACKNOWLEDGE, AND AGREE THAT ANY VIOLATION OF THE FOREGOING PROVISIONS MAY, IN CURIEAI’S SOLE DISCRETION AND JUDGMENT, SUBJECT YOU TO THE IMMEDIATE SUSPENSION OR TERMINATION OF YOUR ACCOUNT, AND MAY SUBJECT YOU TO CRIMINAL LIABILITY AND/OR LIABILITY FOR DAMAGES, COSTS, EXPENSES, OR FEES (INCLUDING ATTORNEY’S FEES) INCURRED BY CURIEAI IN ENFORCING ITS RIGHTS AGAINST YOU UNDER THIS AGREEMENT.         

 

5. CUSTOMER ACCOUNTS.

 

A. Registration.

 

To access or use some features of the Services, you must become a registered Customer.  If you are under the age of eighteen, you are considered to be a minor and you may not become a registered Customer.  The Services’ practices governing any resulting collection and use of your registration are disclosed in the CurieAI Privacy Policy https://www.curiehealth.care/privacy-policy.  You acknowledge and agree that your decision to register is purely voluntary and optional.

 

B. Usernames and Passwords.

 

When you become a registered Customer, you will select your own password at the time of registration (or we may send you an email notification with a randomly generated initial password) and you agree to the following:

 

(1) You will not use a username (or e-mail address) that is already being used by someone else, that may impersonate another person, that belongs to another person, that violates the intellectual property rights or other right of any person or entity, or that is offensive (CurieAI may reject the use of any password, username, or email address for any reason in our sole discretion); and

 

(2) You will provide accurate, current, and complete registration information about yourself in connection with the registration process and, as permitted, to maintain and update it continuously and promptly to keep it accurate, current, and complete for as long as you use the features to which the registration relates; and

 

(3) You are solely responsible for all activities that occur on or in the Services under your account, password, and username, including all activities conducted by any person who is under your employment or acting under your supervision and to whom you have delegated limited responsibility for undertaking certain tasks for you in regard to the Services (a “Delegate”) whether or not you specifically authorize the activity of such Delegate or any such other person (except to the extent that any activity occurs due to unauthorized use of your password and username by another person or entity); and

 

(4) You are solely responsible for maintaining the confidentiality of your password and for restricting access to your computer, smartphone, pad, tablet, smartwatch (collectively, “Internet Access Device(s)”), so that others may not access any password protected portion of the Services using your name, username, or password; and

 

(5) You will immediately notify CurieAI of any unauthorized use of your account, password, or username, or any other breach of security; and

 

(6) You will not sell, transfer, or assign your account or any account rights.

 

CurieAI shall have no liability for any loss or damage (of any kind and under any legal theory) to you or any third party arising from your inability or failure for any reason to comply with any of the foregoing obligations.

 

C. Termination of Your Account.

 

If any information that you provide as part of your account registration is false, inaccurate, outdated, incomplete, or violates this Agreement, or any legal requirement or state or federal law, then CurieAI may suspend or terminate your account in its sole discretion. CurieAI also reserves the general right to terminate your account or suspend or otherwise deny you access to it or its benefits - all in our sole discretion, for any reason, and without advance notice to you or any liability to you or to any third party.

 

D. Services Access Charges.

 

CurieAI reserves the right, upon reasonable notice, to charge for access to some or all of the Services, charge for access to premium functionality or Content on some or all of the Services.  CurieAI further retains the right to change the terms and conditions for accessing the Services or portions of the Services; and the right to restrict access to the Services or portions of the Services, in whole or in part, based on any lawful eligibility requirements CurieAI may elect to impose (e.g., geographic or demographic limitations).  CurieAI may modify, revalue, increase, or decrease fees due from Users for various Content features on or in the Services at its sole discretion without advance notice or liability.

 

E. Your Use of an Internet Access Device and Third-Party Components.

 

You understand and agree that your use of any Internet Access Device and/or all third-party hardware, software, services, telecommunication services (including Internet connectivity), or other items used by you to access the Website (“Third-Party Components”) are the sole and exclusive responsibility of you alone, including all costs of your use of such Third-Party Components, and that CurieAI has no responsibility for such third-party components, services, or your relationships with such third parties.  You agree that you shall at all times comply with the lawful terms and conditions of your agreements with such third parties.   CurieAI does not represent or warrant that the Services are compatible with any specific third-party hardware or software or any other Third-Party Components.  You are responsible for providing and maintaining an operating environment as reasonably necessary to accommodate and access the Services. 

 

F. Wireless Features.

 

The Services includes certain features and services that are available to you via your Internet Access Device.  These features and services may include the ability to access the Services’s features and upload content to the Services, receive messages from the Services, and download applications to your wireless Internet Access Device (collectively, “Wireless Features”).  Standard messaging, data, and other fees may be charged by your carrier to participate in Wireless Features.  Fees and charges may appear on your wireless bill or be deducted from your pre-paid balance. Your carrier may prohibit or restrict certain Wireless Features and certain Wireless Features may be incompatible with your carrier or wireless Internet Access Device. You should check with your carrier to find out what plans are available and how much they cost.  Contact your carrier directly with questions regarding these issues.  You understand and acknowledge that CurieAI has no responsibility or liability for your ability or inability to access or take advantage of any Wireless Features due to your carrier, your phone service plan, your Internet Access Device, or any other Third-Party Component.

 

G. Customer Service.

 

CurieAI will respond to consumer service requests and other similar inquiries if properly communicated to CurieAI.  Please contact us at it.support@curieai.com.

 

6. REPORTING INTELLECTUAL PROPERTY INFRINGEMENT. 

 

A. DMCA Notice for Copyright Infringement.

 

CurieAI will respond appropriately to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act (“DMCA”), as set forth below.  If you own a copyright in a work (or represent such a copyright owner) and believe that the copyright in that work has been infringed by an improper posting of it as part of User-Generated Content on the Website, then you may send us a written notice, which notice must include all of the following:

 

(1) a subject line that says: “DMCA Copyright Infringement Notice”; and

 

(2) a description of the copyrighted work that you claim has been infringed or, if multiple copyrighted works are covered by a single notification, a representative list of such works; and

 

(3) a description of the location of the infringing material on the Website; and

 

(4) your full name, address, telephone number, and e-mail address; and

 

(5) a statement by you that you have a good faith belief that use of the allegedly infringing material in the manner complained of is not authorized by the copyright owner; and

 

(6) a statement by you, made under penalty of perjury, that all the information in your notice is accurate, and that you are the copyright owner (or, if you are not the copyright owner, then your statement must indicate that you are authorized to act on the behalf of the owner); and

 

(7) your physical signature or, if sent within an email (rather than in a physical document or a digital document attached to an email), the characters “//s//” followed by your full typed name, which will serve as your electronic signature.

 

CurieAI may elect to not respond to DMCA Notices that do not substantially comply with all of the foregoing requirements, and CurieAI may elect to remove allegedly infringing material that comes to its attention via notices that do not substantially comply with the DMCA.

 

CurieAI will only respond to DMCA Notices that it receives by mail, e-mail or facsimile at the addresses below:

 

By Mail: [ 333 Ravenswood Ave, Menlo Park, CA 94025 ]

By E-Mail: it.support@curieai.com

 

We may send the information that you provide in your DMCA Notice to the person who provided the allegedly infringing work.  That person may elect to send us a DMCA Counter-Notification.

 

Without limiting CurieAI’s other rights, CurieAI may, in appropriate circumstances, terminate a repeat infringer’s access to the Website and any other website owned or operated by CurieAI.

 

B. DMCA Counter-Notification regarding Copyright Infringement.

 

If access on the Services to a work that you submitted to CurieAI is disabled or the work is removed as a result of a DMCA Notice, and if you believe that the disabled access or removal is the result of mistake or misidentification, then you may send us a DMCA Counter-Notification to the addresses above. Your DMCA Counter-Notification should contain the following information:

 

(1) a subject line that says: “DMCA Counter-Notification”; and

 

(2) a description of the material that has been removed or to which access has been disabled and the location at which the material appeared on the Website before it was removed or disabled; and

 

(3) a statement made under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification; and

 

(4) your full name, address, telephone number, e-mail address, and the username of your account; and

 

(5) a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or, if the address is located outside the U.S.A., to the jurisdiction of the United States District Court for the Northern District of California), and that you will accept service of process from the person who provided DMCA notification to us or an agent of such person; and

 

(6) your physical signature or, if sent within an email (rather than in a physical document or a digital document attached to an email), the characters “//s//” followed by your full typed name, which will serve as your electronic signature.

 

Please note that the DMCA provides that any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.

 

If we receive a DMCA Counter-Notification, then we may replace the material that we removed (or stop disabling access to it) in not less than 10 and not more than 14 business days following receipt of the DMCA Counter-Notification. However, we will not do this if we first receive notice at the addresses above that the party who sent us the DMCA Copyright Infringement Notice has filed a lawsuit asking a court for an order restraining the person who provided the material from engaging in infringing activity relating to the material on the Website. You should also be aware that we may forward the DMCA Counter-Notification to the party who sent us the DMCA Copyright Infringement Notice.

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7. YOUR GENERAL REPRESENTATIONS AND WARRANTIES.

 

You represent and warrant the following in respect of this Agreement:

 

A. You have the necessary authority to enter into this Agreement and you understand its terms; and

 

B. If you are an individual, you are over the age of eighteen, or that you are a minor using the Services under the immediate supervision of a parent, guardian, or other responsible adult; and

 

C. You will cooperate with all of the instructions, rules, and procedures that apply to your use of the Services;

 

D. You have provided and will continue to provide true, accurate, current, and complete registration information; and

 

E. You will respect and abide by all of your obligations under this Agreement, and you will perform your obligations under this Agreement diligently; and

 

F. You will comply with all laws and regulations applicable to this Agreement.

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8. YOUR INDEMNIFICATION RESPONSIBILITIES.

 

You shall indemnify and hold harmless CurieAI, its affiliate companies, its officers, directors, employees, agents, and representatives from, and, at your expense, shall defend CurieAI against, any loss, damage or expense (including reasonable legal costs) that CurieAI incurs or becomes liable for as a result of any breach by you of any of the terms of this Agreement; any negligent, reckless or willful act or omission by you or your agents or others for whom you are responsible; any failure by you to comply with applicable laws in performing under this Agreement; any misuse by you of the Services and/or the Content; or, any claim made against CurieAI by any third party for which CurieAI is not liable under this Agreement, and which arises as a consequence of your use of the Services.  You shall reimburse CurieAI for its expenses under this Section as they are incurred.  CurieAI shall have the right, at its own expense, to participate in the defense of any claim, action or proceeding against which it is indemnified hereunder. You, in the defense of any such claim, action, or proceeding arising under this Section shall not, except with the written consent of CurieAI, enter into any settlement which adversely affects CurieAI’s rights or which does not include, as an unconditional term, a release granted to CurieAI of all liabilities in respect of such claim, action or proceeding.

 

9. NO OTHER WARRANTIES FROM CURIEAI.  

 

CURIEAI’S REPRESENTATIONS AND WARRANTIES THAT ARE EXPRESSLY SET FORTH IN THIS AGREEMENT ARE THE ONLY REPRESENTATIONS AND WARRANTIES PROVIDED BY CURIEAI WITH RESPECT TO THE SERVICES AND THE CONTENT, AND ANY OTHER ITEM OR SERVICE PROVIDED BY CURIEAI.  NOTWITHSTANDING ANYTHING ELSE IN THIS AGREEMENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SUBJECT ONLY TO THE EXPRESS WARRANTIES PROVIDED UNDER THE AGREEMENT, THE APP, THE SERVICES, THE CONTENT, AND ANY OTHER ITEMS OR SERVICES ARE PROVIDED ON AN “AS-IS,” AND “AS-AVAILABLE” BASIS.  CURIEAI EXPRESSLY DISCLAIMS ANY AND ALL OTHER WARRANTIES, EXPRESS OR IMPLIED,  INCLUDING, WITHOUT LIMITATION, THE FOLLOWING: ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; ANY WARRANTY REGARDING RESULTS OBTAINABLE OR TO BE OBTAINED BY YOU OR ANY USER AS A RESULT OF PROVISION OR USE OF THE SERVICES AND/OR THE CONTENT; AND ANY WARRANTY OF UNINTERRUPTED OR ERROR-FREE OPERATION OF OR ACCESS TO THE APP, THE SERVICES OR THE CONTENT.  CURIEAI RESERVES THE RIGHT TO MODIFY AND OR REMOVE ANY PORTION OF THE SERVICES INCLUDING ANY CONTENT, AT ANY TIME, WITH OR WITHOUT NOTICE TO YOU OR TO OTHER USERS.  NO ORAL OR WRITTEN INFORMATION BY CURIEAI OR ANY OTHER ENTITY OR PERSON SHALL CREATE ANY ADDITIONAL REPRESENTATION OR WARRANTY BY CURIEAI.  CURIEAI DOES NOT REPRESENT, WARRANT, OR GUARANTY TO YOU OR ANY USER ANY PARTICULAR RESULTS TO BE ACHIEVED AS A RESULT OF YOUR USE OF THE SERVICES AND/OR THE CONTENT.  YOU UNDERSTAND AND ACKNOWLEDGE THAT CURIEAI HAS NO RESPONSIBILITY OR LIABILITY FOR ANY ACTION YOU TAKE OR FAIL TO TAKE BASED ON YOUR USE OF THE SERVICES AND/OR THE CONTENT.  CURIEAI IS NOT LIABLE FOR ANY DAMAGES THAT YOU OR ANOTHER USER MAY SUFFER ARISING OUT OF USE, DELAY IN PROVIDING, OR INABILITY TO USE, THE SERVICES AND/OR THE CONTENT, INCLUDING ANY AND ALL DAMAGES WHICH MAY RESULT FROM LOSS OF PRIVATE USER-GENERATED CONTENT.  CURIEAI IS NOT LIABLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION, THEFT OR DESTRUCTION OF ANY OF YOUR USER-GENERATED CONTENT OR YOUR REGISTRATION INFORMATION OR DATA.

10. SERVICES AND CONTENT DISCLAIMER.

 

CURIEAI UNDERTAKES NO RESPONSIBILITY FOR, AND DISCLAIMS ALL LIABILITY ARISING FROM, ANY INABILITY OF YOU OR OTHER USERS TO ACCESS THE SERVICES AND/OR THE CONTENT.  CURIEAI PROVIDES ACCESS TO THE SERVICES AND THE CONTENT ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND MAKES NO REPRESENTATION, WARRANTY, PROMISE, OR GUARANTY THAT THE SERVICES AND/OR THE CONTENT WILL BE AVAILABLE OR FULLY OPERATIVE AT ANY TIME OR ON AN UNINTERRUPTED OR ERROR-FREE BASIS.  THE SERVICES AND/OR THE CONTENT MAY CONTAIN ERRORS, GLITCHES, BUGS, OR OTHER DEFECTS.  CONTENT, INCLUDING USER-GENERATED CONTENT, IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY, MAY CONTAIN ERRORS OR INACCURACIES, SHOULD NOT BE INTERPRETED AS PERSONAL, FINANCIAL, OR MEDICAL ADVICE, AND CURIEAI IS NOT RESPONSIBLE FOR ANY ACTIONS YOU TAKE OR FAIL TO TAKE BASED ON THE CONTENT OR ON USER-GENERATED CONTENT SUBMITTED BY ANY USER.  YOU UNDERSTAND, ACKNOWLEDGE, AND AGREE THAT THE VIEWS EXPRESSED IN USER-GENERATED CONTENT ARE NOT PRE-REVIEWED OR PRE-APPROVED BY CURIEAI AND THEREFORE DO NOT REPRESENT ANY EXPRESS OR EXPLICIT VIEW OF CURIEAI ON ANY TOPIC WHATSOEVER.  YOU UNDERSTAND, ACKNOWLEDGE, AND AGREE THAT YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDIES IN THE EVENT OF YOUR DISSATISFACTION WITH THE SERVICES AND/OR THE CONTENT ARE FOR YOU TO NOTIFY CURIEAI ABOUT YOUR DISSATISFACTION, IN WHICH CASE CURIEAI WILL REVIEW THE COMPLAINT WITH CURIEAI’S TECHNICAL AND SUBJECT-MATTER EXPERTS, AND/OR TO STOP USING THE SERVICES AND/OR THE CONTENT.

11. LIMITATION OF LIABILITY FOR CURIEAI.  

 

IN NO EVENT WILL CURIEAI’S LIABILITY UNDER THIS AGREEMENT OR IN CONNECTION WITH THE APP, THE SERVICES, THE CONTENT, THE WEBSITE, OR  ANY OTHER ITEMS OR SERVICES PROVIDED HEREUNDER, REGARDLESS OF THE CLAIM OR FORM OF ACTION, INCLUDE ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OR CLAIMS FOR LOSS OF DATA, INFORMATION, PRIVATE USER-GENERATED CONTENT, BUSINESS OR PROFITS, UNDER CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHER LEGAL THEORY, REGARDLESS OF THE CAUSE OF ACTION AND EVEN IF CURIEAI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH POTENTIAL LOSS OR DAMAGE.  YOU UNDERSTAND, ACKNOWLEDGE, AND AGREE THAT CURIEAI’S MAXIMUM AGGREGATE LIABILITY TO YOU UNDER OR RELATING TO THIS AGREEMENT UNDER THEORIES OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, REGARDLESS OF THE CAUSE OF ACTION, WILL NOT EXCEED AN AMOUNT, IN AGGREGATE, EQUAL TO THE FEES PAID BY YOU TO CURIEAI IN THE TWELVE MONTHS PRIOR TO WHEN THE DAMAGES FIRST AROSE.  YOU UNDERSTAND AND AGREE THAT YOU ARE SOLELY AND EXCLUSIVELY RESPONSIBLE FOR RELATIONS WITH OTHER USERS, AND THAT CURIEAI SHALL NOT BE LIABLE TO YOU OR ANY OTHER USERS, UNDER ANY CIRCUMSTANCES, FOR ANY DISPUTE THAT ARISES BETWEEN YOU AND ANOTHER USER OF THE SERVICES OR THE CONTENT.

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12. GENERAL PROVISIONS.

 

A. Governing Law and Dispute Resolution.

 

This Agreement shall be governed by and construed in accordance with the laws of the United States and the State of California.  Disputes arising under this Agreement shall proceed through three levels of resolution, if necessary: negotiations between you and CurieAI, mandatory mediation, and court proceedings.  Any dispute which arises under this Agreement and cannot be resolved by good-faith negotiations between the parties within ninety (90) days must be submitted for a mandatory mediation procedure in San Francisco, California before a neutral mediator chosen and appointed by Judicial Arbitration and Mediation Services, Inc. (“JAMS”).  The mediation shall take place on within forty-five (45) days after the mediator has been appointed, and at the direction of the mediator.  The mediation shall take place on one business day and shall last no longer than ten (10) hours unless the parties mutually agree to an extension of the mediation procedure.  The mediator shall apply U.S. and California law to substantive issues and the JAMS procedural rules for Commercial Mediation to procedural issues.  The parties shall bear their own costs for the mediation, and they shall split equally the costs and fees of the mediator.  If either party is unsatisfied with the resolution provided by the mediator, either party may file a claim in the appropriate state or federal court sitting in the Northern District of California.  You hereby consent and absolutely agree to the jurisdiction of state and federal courts sitting in the Northern District of California for resolving any disputes arising under this Agreement which cannot be resolved either by negotiations or by mediation between you and CurieAI.

 

(1) CurieAI’s Right to Injunctive Relief.

The foregoing provision regarding dispute resolution will not apply to any legal action taken by CurieAI to seek an injunction or other equitable relief in connection with any loss, cost, expense, or damage (or any threatened or potential loss, cost, expense, or damage) relating to the Services, the Website, the App(s), any Content, your User-Generated Content and/or CurieAI's Intellectual Property Rights, CurieAI's operations, and/or CurieAI's other products or services.

(2) Your Waiver of Injunctive or Equitable Relief.

IF YOU CLAIM THAT YOU HAVE INCURRED ANY LOSSES, DAMAGES, OR INJURIES IN CONNECTION WITH YOUR USE OF THE SERVICES, THEN THE LOSSES, DAMAGES, AND INJURIES WILL NOT BE IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR TO OTHER EQUITABLE RELIEF OF ANY KIND.  YOU UNDERSTAND, ACKNOWLEDGE, AND AGREE THAT THIS MEANS THAT, IN CONNECTION WITH YOUR CLAIM, YOU WILL NOT SEEK, AND THAT YOU WILL NOT BE PERMITTED TO OBTAIN, ANY COURT ORDER OR OTHER ACTION THAT MAY INTERFERE WITH OR PREVENT THE DEVELOPMENT OR EXPLOITATION OF ANY SERVICES, WEBSITE, CONTENT, USER-GENERATED CONTENT, UNSOLICITED IDEAS AND MATERIALS, PRODUCT, SERVICE, OR OTHER INTELLECTUAL PROPERTY OWNED, LICENSED, OR CONTROLLED BY CURIEAI (INCLUDING YOUR LICENSED USER-GENERATED CONTENT) OR BY A PARTNER OF CURIEAI.

 

B. Updates to this Agreement.

 

CurieAI reserves the right to modify, change, amend, update, or supplement the terms and conditions of this Agreement at any time without prior notice (“Updated Terms”). You agree that we may notify you of the Updated Terms by posting them on the Website so that they are accessible via a link on the Website, and that your use of the Website after we post the Updated Terms (or engaging in such other conduct as we may reasonably specify) constitutes your agreement to the Updated Terms and to the most recent version of this Agreement.  The Updated Terms will be effective as of the time that CurieAI posts them on the home page of the Website, in the header of this Agreement, or such later date as may be specified in them.  You understand and acknowledge that CurieAI shall only be posting the most recent version of this Agreement on the Website and in the downloadable App, that you are bound by the most recent version of this Agreement at any time you use or access the Services in any manner, and, therefore, you agree that it is your responsibility to review this Agreement on a regular and frequent basis.

 

C. Severability and Interpretation.

 

If any provision of this Agreement is for any reason deemed invalid, unlawful, void, or unenforceable by a court of competent jurisdiction, then that provision will be deemed severable from this Agreement, and the invalidity of the provision will not affect the validity or enforceability of the remainder of this Agreement (which will remain in full force and effect). To the extent permitted by applicable law, you agree to waive, and you hereby waive, any applicable statutory and common law that may permit a contract to be construed against its drafter.  Wherever the word “including” is used in this Agreement, the word will be deemed to mean “including, without limitation.”

 

D. Communications.

 

Whenever you communicate with CurieAI electronically, such as via e-mail and text message, you consent to receive communications from CurieAI electronically.  Please note that, except as set forth in the provisions of this Agreement regarding the DMCA, we are not obligated to respond to inquiries that we receive.  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.

 

E. Law Enforcement and Termination of Accounts or of the Website.

CurieAI reserves the right, without any limitation, to investigate any suspected breaches of its security or its information technology or other systems or networks, investigate any suspected breaches of this Agreement, investigate any information obtained by CurieAI in connection with reviewing law enforcement databases or complying with criminal laws, involve and cooperate with law enforcement authorities in investigating any of the foregoing matters, prosecute violators of this Agreement, and discontinue the Services, in whole or in part, or suspend or terminate your access to it, in whole or in part, including any user accounts or registrations, at any time, without notice, for any reason and without any obligation to you or any third party. Any suspension or termination will not affect your obligations to CurieAI under this Agreement.  Upon suspension or termination of your access to the Services, or upon notice from CurieAI, all rights granted to you under this Agreement will cease immediately, and you agree that you will immediately discontinue use of the Services. The provisions of this Agreement, which by their nature should survive your suspension or termination will survive, including the rights and licenses you grant to CurieAI in this Agreement, as well as the indemnities, releases, disclaimers, and limitations on liability and the provisions regarding jurisdiction, choice of law, and mandatory mediation.

F. Assignment.

 

CurieAI may assign its rights and obligations under this Agreement, in whole or in part, to any party at any time without any advance notice to you or other Users. This Agreement may not be assigned by you in whole or in part, without the prior written consent of CurieAI.

G. No Waiver.

Except as expressly set forth in this Agreement, no failure or delay by you or CurieAI in exercising any rights or remedies under this Agreement will operate as a waiver of that or any other right or remedy.

 

H. No Partnership or Joint Venture.

 

Neither this Agreement, nor any terms and conditions contained herein shall be construed as creating a partnership, joint venture, franchise or agency relationship between you and CurieAI.

 

I. Complete Agreement.

 

This Agreement contains your entire understanding with CurieAI with respect to the subject matters covered by this Agreement, and it supersedes any and all prior oral or written proposals or understandings.