Terms of Use

These Terms of Use (“Terms”) are a binding agreement between you and Curae, LLC (“Curae,” “we,” “us,” or “our”) governing your access to and use of our website at www.curaesocial.com, the Curae Social platform, our mobile applications, and related services (collectively, the “Services”). Our Privacy Policy describes how we handle personal information and is incorporated into these Terms by reference.

Please read these Terms carefully. Section 16 contains a binding arbitration agreement and a class-action waiver that affect how disputes are resolved.

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1. Eligibility

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The Services are available only to individuals who are at least 18 years old and able to form a binding contract. If you use the Services on behalf of a company or other entity, you represent that you are authorized to bind that entity, and “you” refers to that entity.

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2. Accounts and Registration

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To use most features you must create an account and provide accurate, complete, and current information. You are responsible for safeguarding your credentials and for all activity under your account, and you agree to notify us promptly of any unauthorized use. We may refuse, suspend, or terminate accounts as described in Section 15.

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3. License to Use the Services

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to access and use the Services for your internal business or personal use as intended. Except as expressly permitted, you may not copy, modify, distribute, sell, lease, reverse engineer, or create derivative works from the Services, or use them to build a competing product.

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4. Your Content

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“Your Content” means the content you upload, create, generate, or submit through the Services — including images, video, audio, text, captions, campaign materials, and AI prompts and outputs you direct.

Ownership. As between you and Curae, you retain all rights you have in Your Content. We do not claim ownership of it.

License to operate the Services. You grant Curae a worldwide, non-exclusive, royalty-free license to host, store, reproduce, modify (for formatting and display), publish, and transmit Your Content to provide and improve the Services and to carry out the actions you direct — for example, publishing a post to a connected account you choose, generating content you request, or sharing campaign materials with the specific brand or creator you are collaborating with.

License to showcase published work. In addition, for campaign content you publish or otherwise make public through the Services, you grant Curae a worldwide, non-exclusive, royalty-free license to reproduce, display, and distribute that published content to showcase and promote the Services and the work created on them — for example, featuring it as an example on our platform, in our marketing, or in case studies — with attribution where reasonably practicable. This showcase license applies only to content you have published or made public; it does not apply to private or unpublished drafts.

Duration of these licenses. The licenses above end when you delete Your Content or your account, except that they survive for: content you have already published or shared (publicly or with collaborators), which may remain available and in use; content we must retain as described in the Privacy Policy or by law; and standard backups. We do not claim ownership of Your Content, sell it, or grant other customers the right to reuse it outside the collaborations and publications you take part in.

Visibility. Curae is built to take campaign content public. Content you create for a campaign is typically private while you draft and collaborate — visible only to that campaign’s participants — and is then published publicly when you and your collaborators take the campaign live (for example, posting to a connected social platform or otherwise publishing it through the Services). Until you publish it, Your Content is not automatically public; what is visible, and when, depends on the actions you take and the settings of your campaigns and account. Once content has been published publicly, it is public — copies that others have seen, saved, or reshared, and content already distributed to third-party platforms, may remain available even after you delete it.

Your responsibilities and warranties. You represent that you own or have the rights necessary to submit Your Content and to grant the licenses above, and that Your Content does not infringe any third party’s rights or violate any law. You are solely responsible for Your Content and for maintaining your own copies; we are not a backup service.

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5. Acceptable Use

You agree not to use the Services to: upload or transmit unlawful, infringing, defamatory, harassing, deceptive, or harmful content; violate any law or third-party right; interfere with or place undue load on the Services; introduce malware; scrape or harvest data except as expressly permitted; misrepresent your identity or authority; or use the Services to create a competing product. We may remove content or restrict use that we reasonably believe violates these Terms.

No fee circumvention. Connecting and communicating with other users through the Services is what the Services are for, and nothing here restricts that. However, you agree not to use contacts, data, or relationships you obtain through the Services to solicit or transact with Curae’s users off the platform in order to avoid Curae’s fees or otherwise circumvent these Terms. This does not limit relationships you independently had before, or establish outside, the Services.

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6. Campaigns; Brand and Creator Responsibilities

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The Services let brands and creators/influencers collaborate on marketing campaigns. Curae is a technology platform and facilitator; it is not a party to, and is not responsible for, the agreements, deliverables, or payments between brands and creators.

• Deliverables and conduct. Brands and creators are solely responsible for their own commitments — including content creation, timing, approvals, quality, and the accuracy of what they post. Curae provides workflow tools and notifications but does not review, approve, or guarantee any deliverable.
• Endorsement and disclosure. You are solely responsible for complying with all advertising and endorsement laws and platform rules, including the FTC’s endorsement guidelines and any required disclosures (for example, “#ad” or “#sponsored”). Curae does not monitor or enforce these on your behalf.
• Payments between brands and creators. Where the Services facilitate payment from a brand to a creator, payment is processed through Stripe directly to the creator’s connected Stripe account; Curae does not hold these funds. Curae charges a service fee in connection with these payments, as disclosed at the time of the transaction or in the then-current fee schedule.
• Disputes, refunds, and chargebacks. Any dispute over deliverables, quality, payment, refunds, or chargebacks is between the brand and creator. Curae has no obligation to mediate and is not liable for the parties’ conduct or for any refund or chargeback between them. Because Curae does not hold these funds, if a payment is reversed, refunded, or charged back, the brand and creator are responsible for resolving it between themselves and for any amounts owed; Curae may recover or retain its service fee and may pass through to the responsible party any amounts Stripe reverses or deducts.
• No guarantee of results. We do not guarantee any level of reach, engagement, sales, or campaign outcome.

7. Connected Third-Party Platforms

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The Services let you connect third-party accounts — including Instagram, TikTok, and LinkedIn, and the e-commerce platforms Shopify and Amazon — to publish content and measure performance. By connecting an account, you represent you are authorized to do so and you authorize Curae to access and act on that account within the permissions you grant. Curae acts only at your direction (for example, it publishes only when you tell it to).

Your use of each connected platform remains subject to that platform’s own terms. We do not control and are not responsible for third-party platforms, and we do not guarantee their availability. Platforms may change, limit, deprecate, or revoke their APIs or your access at any time, which may affect or interrupt features (such as publishing or analytics) without liability to us. Curae is not affiliated with, endorsed by, or sponsored by these platforms.

8. AI Features

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The Services include AI tools that generate text, images, video, and audio based on inputs you provide.

• Your inputs and outputs. You are responsible for your inputs and for your use of any outputs. As between you and Curae, you may use outputs you generate, subject to these Terms; you retain the rights described in Section 4.
• No infringing or restricted inputs. You agree not to submit inputs that infringe others’ rights or include third-party trademarks or brand names you are not authorized to use.
• As-is; may be inaccurate. AI outputs are generated automatically, may be inaccurate, may not be unique, and may not be suitable for your purpose. You are responsible for reviewing outputs before relying on or publishing them. Outputs are provided without warranty.
• Third-party AI providers. AI features are powered in part by third-party providers, and your inputs are processed by them as described in our Privacy Policy.

9. Subscriptions and Billing

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Some features require a paid subscription. Subscriptions are sold on a tiered basis; a free tier may be available.

• Billing through Stripe. Subscriptions are purchased and processed through Stripe. By subscribing, you authorize us (through Stripe) to charge your payment method the applicable fees.
• Billing period. Subscriptions are offered on a recurring monthly or annual basis, as shown to you at purchase.
• Automatic renewal. Subscriptions renew automatically at the end of each billing period (monthly or annual) at the then-current price until cancelled. By subscribing you authorize these recurring charges.
• Cancellation. You may cancel at any time by managing your subscription through the billing portal we make available. Cancellation takes effect at the end of the current billing period; you retain access until then, and cancelling stops future renewals.
• Plan changes and price changes. You may change plans; changes may be prorated by Stripe. We may change prices or plan features prospectively, with notice as required by law; continued use after a price change means you accept it.
• Refunds. Except as required by law, fees are non-refundable and there are no refunds or credits for partial periods.
• Failed payments. If a charge fails, we (through Stripe) may retry, and we may suspend or downgrade paid features until payment succeeds.
• Taxes. Stated prices may not include applicable taxes; you are responsible for any taxes other than those based on our net income.
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10. Intellectual Property

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The Services, including all software, text, graphics, logos, and design, and all related intellectual property, are owned by Curae or its licensors and are protected by law. “Curae” and the Curae logos are our trademarks and may not be used without our permission. Except for the limited license in Section 3, we grant you no rights in the Services. All rights not expressly granted are reserved.

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11. Copyright Complaints (DMCA)

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We respect intellectual property rights. If you believe content on the Services infringes your copyright, send a notice to our designated agent containing the information required by the DMCA (17 U.S.C. § 512(c)(3)), including: identification of the work and the allegedly infringing material; your contact information; a statement of good-faith belief that the use is unauthorized; a statement, under penalty of perjury, that the information is accurate and you are authorized to act; and your physical or electronic signature. We may remove allegedly infringing material and terminate repeat infringers.

Designated Agent: Legal Department, Curae, LLC, 412 Olive Ave, Suite 312, Huntington Beach, CA 92648 — hello@curaesocial.com.

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12. Confidentiality

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Curae may make non-public information available to you (for example, non-public features, pricing, or materials marked or reasonably understood to be confidential). You agree to keep Curae’s confidential information confidential and to use it only to use the Services.

For clarity, Your Content, your private campaign and business information, and your AI inputs and outputs are not “non-confidential” simply because you transmit them to the Services. We handle that information as described in these Terms and the Privacy Policy. (This corrects the prior Terms, which declared all communications non-confidential and usable for any purpose.) General feedback or suggestions you choose to give us about the Services may be used by us without restriction.

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13. Disclaimers

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THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE; THAT ANALYTICS, METRICS, OR ATTRIBUTION DATA WILL BE ACCURATE OR COMPLETE; THAT AI OUTPUTS WILL BE ACCURATE, ORIGINAL, OR FIT FOR ANY PURPOSE; OR THAT THIRD-PARTY PLATFORMS WILL REMAIN AVAILABLE OR FUNCTION. YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. SOME JURISDICTIONS DO NOT ALLOW CERTAIN DISCLAIMERS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

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14. Limitation of Liability

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TO THE MAXIMUM EXTENT PERMITTED BY LAW, CURAE AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS, ARISING OUT OF OR RELATING TO THE SERVICES, WHETHER BASED ON CONTRACT, TORT, OR ANY OTHER THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES WILL NOT EXCEED ONE HUNDRED DOLLARS ($100). SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

Time limit on claims. To the extent permitted by law, any claim arising out of or relating to the Services or these Terms must be brought within one (1) year after the claim arises; otherwise it is permanently barred.

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15. Indemnification

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You agree to indemnify and hold harmless Curae and its affiliates, officers, employees, and agents from any claims, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or related to: your Content; your use of the Services; your campaigns or dealings with other users; your violation of these Terms or any law; or your infringement of any third-party right.

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16. Dispute Resolution; Arbitration; Class-Action Waiver

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Disputes between users. You are solely responsible for your interactions with other users that arise from your use of the Services. We have no obligation to become involved in disputes between users, though we may. If you become involved in such a dispute and our provision of the Services is an insubstantial factor (or no factor) in creating it, you release Curae from claims, demands, and damages of every kind, known and unknown, arising out of or connected with that dispute.

Agreement to binding arbitration. We do not anticipate disagreements with you, but if a concern arises, please notify us promptly and we will endeavor to resolve it fairly and amicably. If we cannot resolve it ourselves, you and Curae each agree that all disputes or claims between you and Curae of any nature whatsoever — including those relating to use of the Services or the quality or appropriateness of the Services — will be resolved by binding arbitration rather than in court. Curae chooses arbitration because it is usually less expensive and faster than litigation. These Terms evidence a transaction in interstate commerce, and the Federal Arbitration Act governs the interpretation and enforcement of this provision. This arbitration provision survives termination of these Terms.

Jury-trial and class-action waiver. By entering into these Terms, you and Curae each waive the right to a trial by jury and the right to participate in a class action. You and Curae agree that each may bring claims against the other only in an individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. Unless both you and Curae agree otherwise, the arbitrator may not consolidate more than one person’s claims or otherwise preside over any form of representative or class proceeding.

Administration. The arbitration will be conducted by the Judicial Arbitration and Mediation Services (“JAMS”) in accordance with its rules. You understand that you are free to consult with counsel about the decision to agree to arbitration, or to any other term of these Terms, before accepting them.

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17. Term; Termination

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These Terms apply while you use the Services. You may stop using the Services and close your account at any time (subscription cancellation is governed by Section 9). We may suspend or terminate your access at any time, with or without notice, if you violate these Terms or to protect the Services or other users. Provisions that by their nature should survive termination (including Sections 4 warranties, 6, 8, 10, 13, 14, 15, 16, and 18) will survive.

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18. Changes to These Terms

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We may update these Terms from time to time. If we make material changes, we will provide reasonable notice (for example, by posting the updated Terms with a new effective date or by email). Your continued use of the Services after the changes take effect means you accept the updated Terms.

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19. Notices and Communications

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We may provide notices to you by email to the address on your account, by posting in the Services, or by other reasonable means. You consent to receive electronic communications from us, and you agree they satisfy any legal requirement that communications be in writing. You are responsible for keeping your contact information current. You may contact us at hello@curaesocial.com or Curae, LLC, 412 Olive Ave, Suite 312, Huntington Beach, CA 92648.

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20. General

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These Terms, together with the Privacy Policy and any order or plan terms you agree to, are the entire agreement between you and Curae regarding the Services and supersede prior agreements on the subject. If any provision is found unenforceable, the rest remain in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets. Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship. The Services are operated from the United States; we make no representation that they are appropriate or available elsewhere.

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21. Contact

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Curae, LLC 412 Olive Ave, Suite 312, Huntington Beach, CA 92648 hello@curaesocial.com

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