Terms of Use

These terms of service (the “Terms”) govern your access and use of the curio.io™ service, including the curio.io mobile application, website or any other applications, websites and/or home audio device channels (together the “Service”) made available by Curio Labs Limited(“Curio”, “we”, “us” or “our”). The Service is owned or controlled by Curio. By using or accessing the Service, you (“User” or “you”) agree to be bound by all these Terms. These Terms affect your legal rights and obligations, so please read them carefully before using any Service. If you do not agree to be bound by all of these Terms, do not access or use the Service.

Use of service

You may use the Service only if you are not barred under any applicable laws from receiving or accessing the Services. If you are accepting these Terms and using the Service on behalf of a company, organisation, government, or other legal entity, you represent and warrant that you are authorised to do so.

The Service and any content accessed (either as audio or otherwise) through the Service are for your personal and non-commercial use only.

The Service contains audio and other content owned or licensed by Curio (“Curio Content”). Curio Content is protected by copyright, trademark, patent, trade secret and other laws, and, as between you and Curio, Curio owns and retains all rights in the Curio Content and the Service.

During the period of your subscription we grant you a limited, non-exclusive, non-transferable license to access the Service and Curio Content. Except for the foregoing limited license, no right, title or interest shall be transferred to you. You agree not to use the Service for public performances.

You agree to use the Service, including all features and functionalities associated therewith, in accordance with all applicable laws, rules and regulations, or other restrictions on use of the Service or Curio Content. You agree not to archive, reproduce, distribute, modify, display, perform, publish, license, create derivative works from, offer for sale, or use (except as explicitly authorised in these Terms of Use) Curio Content and information contained on or obtained from or through the Service. You also agree not to: circumvent, remove, alter, deactivate, degrade or thwart any of the Curio Content protections in the Service; use any robot, spider, scraper or other automated means to access the Service; decompile, reverse engineer or disassemble any software or other products or processes accessible through the Service; insert any code or product or manipulate the content of the Service in any way; or use any data mining, data gathering or extraction method. In addition, you agree not to upload, post, e-mail or otherwise send or transmit any material designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Service, including any software viruses or any other computer code, files or programs. We may terminate or restrict your use of the Service if you violate these Terms of Use or are engaged in illegal or fraudulent use of the Service.

Curio software is developed by, or for, Curio and is designed to enable access of Curio Content through appropriate devices. The Curio software may vary by device and medium, and functionalities and features may also differ between devices. You acknowledge that the use of the Service may require third party software that is subject to third party licenses. You agree that you may automatically receive updated versions of the Curio and related third-party software.

The Curio name and logo and the curio.io name and logo are trademarks of Curio, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Curio. In addition, all app and page headers, custom graphics, button icons and scripts are service marks, trademarks and/or trade dress of Curio, and may not be copied, imitated or used, in whole or in part, without prior written permission from Curio.

Subscription

Your curio.io subscription will continue month-to-month until terminated. To use the Service you must provide a current, valid, accepted method of payment, which you may update from time to time (“Payment Method”). Unless you cancel your subscription before your monthly billing date, you authorise Curio to charge your next month's subscription fee to your Payment Method. You can find specific details regarding your curio.io subscription by visiting our website and clicking on the “Profile/Settings” link available on the curio.io website and mobile application.

Free Trials and Discounted Pricing

Your curio.io subscription may start with a free trial. The free trial period of your subscription lasts for as long as is specified during sign-up. We may also offer discounted pricing for a limited period of your subscription.

Eligibility for the free trial or any discounted pricing is determined by Curio at its sole discretion and we may limit eligibility to prevent abuse of the free trial or discounted pricing. We reserve the right to revoke the free trial or discounted pricing and put your account on hold in the event that we determine that you are not eligible or are abusing the offer. Restrictions may apply in case of combinations with other offers.

We will charge your Payment Method for your monthly subscription fee or the discounted fee at the end of the free trial period unless you cancel your subscription prior to the end of the free trial period. We will charge your Payment Method for your monthly subscription fee at the end of the discounted pricing period unless you cancel your subscription prior to the end of the discounted pricing period. You may view your current subscription price, end date of your free trial period and end date of your discounted pricing period by clicking on the “Profile/Settings” link available on the curio.io website and mobile application.

Billing

The subscription fee for Service and any other charges you may incur in connection with your use of the Service, such as taxes and possible transaction fees, will be charged on a monthly basis to your Payment Method on the calendar day corresponding to the commencement of the paying portion of your subscription. In some cases your payment date may change, for example if your Payment Method has not successfully settled or if your paid subscription began on a day not contained in a given month. Visit our website and click on the “Billing details” link on the “Your Account” page to see your next payment date.

You can change your Payment Method by visiting the curio.io website and clicking on the “Profile/Settings” link. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not change your Payment Method or cancel your account, we may suspend your access to the Service until we have obtained a valid Payment Method. When you update your Payment Method, you authorise us to continue charging the updated Payment Method and you remain responsible for any uncollected amounts. This may result in a change to your payment dates. For some Payment Methods, the issuer may charge you certain fees, such as foreign transaction fees or other fees relating to the processing of your Payment Method. Local tax charges may vary depending on the Payment Method used. Check with your Payment Method service provider for details.

We may change our subscription plans and the price of the Service from time to time; however, any price changes or changes to our subscription plans will apply to you no earlier than 30 days following notice to you.

Cancellation

You can cancel your curio.io subscription at any time, and you will continue to have access to the Service through the end of your monthly billing period. To the extent permitted by applicable law, payments are non-refundable and we do not provide refunds or credits for any partial-month subscription periods. To cancel, click on the “Profile/Settings” link and follow the instructions for cancellation. If you cancel your subscription, your account will automatically close at the end of your current billing period.

Passwords & Account Access

The person who created the curio.io account and whose Payment Method is charged (the “Account Owner”) has access and control over the curio.io account. To maintain control over the account and to prevent anyone from accessing the account (which would include information on viewing history for the account), the Account Owner should maintain control over the devices that are used to access the Service and not reveal the password nor details of the Payment Method associated with the account to anyone. You are responsible for updating and maintaining the accuracy of the information you provide to us relating to your account. We can terminate your account or place your account on hold in order to protect you, Curio or our partners from identity theft or other fraudulent activity.

Advertisements

The Service may include advertisements, which may be targeted to the content or information on the Service or other information. The types and extent of advertising on the Service are subject to change. In consideration for us granting you access to and use of the Service, you agree that Curio and its third party providers and partners may place such advertising on the Service or in connection with the display of content or information from the Service whether submitted by you or others.

Your dealings with advertisers and third-party vendors found on or through the Service, including your participation in promotions, the purchase of goods, and any terms, conditions, warranties or representations associated with such activities, are solely between you and the third party. Curio does not make any representations or warranties with respect to any goods or web sites that may be obtained from such third parties, and you agree that we will have no liability for any loss or damage of any kind incurred as a result of any activities you undertake in connection with the use of or reliance on any content, goods, services, information or other materials available, or through such third parties. You acknowledge that such external sites usually have their own terms and conditions, including privacy policies, over which we have no control and which will govern your rights and obligations with respect to the use of those sites.

Disclaimers

We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Curio Content or endorse any opinions expressed via Curio Content. You understand that by using the Service, you may be exposed to content that may be considered offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, content that has been mislabeled or is otherwise deceptive. Under no circumstances will Curio be liable in any way for any content including, but not limited to, any errors or omissions in any content, links or search results or any loss or damage of any kind incurred as a result of the use of any such content, links or results posted, transmitted or otherwise made available via the Service or broadcast elsewhere.

THE SERVICE, INCLUDING, WITHOUT LIMITATION, CURIO CONTENT, IS PROVIDED ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER CURIO NOR ANY OF ITS EMPLOYEES, MANAGERS, OFFICERS OR AGENTS MAKES ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO THE SERVICE OR THE CURIO CONTENT. IN ADDITION, WE HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS.

WE DO NOT REPRESENT OR WARRANT THAT THE SERVICE WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SERVICE OR THE SERVER THAT MAKES THE SERVICE AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES. WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE SERVICE IS ACCURATE, COMPLETE, OR USEFUL. YOU ACKNOWLEDGE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. WE DO NOT WARRANT THAT YOUR USE OF THE SERVICE IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND THE WE SPECIFICALLY DISCLAIM SUCH WARRANTIES.

THE SERVICE MAY CONTAIN LINKS TO THIRD-PARTY WEBSITES OR RESOURCES. YOU ACKNOWLEDGE AND AGREE THAT WE ARE NOT RESPONSIBLE OR LIABLE FOR: (I) THE AVAILABILITY OR ACCURACY OF SUCH WEBSITES OR RESOURCES; OR (II) THE CONTENT, PRODUCTS, OR SERVICES ON OR AVAILABLE FROM SUCH WEBSITES OR RESOURCES. LINKS TO SUCH WEBSITES OR RESOURCES DO NOT IMPLY ANY ENDORSEMENT BY US OF SUCH WEBSITES OR RESOURCES OR THE CONTENT, PRODUCTS, OR SERVICES AVAILABLE FROM SUCH WEBSITES OR RESOURCES. YOU ACKNOWLEDGE SOLE RESPONSIBILITY FOR AND ASSUME ALL RISK ARISING FROM YOUR USE OF ANY SUCH WEBSITES OR RESOURCES.

BY ACCESSING OR USING THE SERVICE YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICE.

Limitation of Liability; Waiver

CURIO, AND CURIO’S SUPPLIERS AND DISTRIBUTORS, WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, EVEN IF FORESEEABLE OR EVEN IF WE HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE SERVICE). IN NO EVENT WILL WE BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, DAMAGE OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY.

Any failure of Curio to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.

Miscellaneous

These Terms and any action related thereto will be governed by the laws of England and Wales without regard to or application of its conflict of law provisions or your state or country of residence. All claims, legal proceedings or litigation arising in connection with the Service will be brought solely in English Courts and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.

No third party rights are created by these terms.

If you do not agree to any of these Terms, you may not use the Service.

The Service, these Terms, or any part thereof, may change over time, including as and when we refine or add more features. We may stop, suspend or modify any Service at any time without prior notice to you. We may also remove content from the Service at our discretion.

If you have any questions about these Terms, please contact us at listen@curio.io