Terms and Conditions
Last Updated: 05/2/2026
Welcome to Curiouzz! By using our app, you agree to these Terms & Conditions. Please read them carefully.
This is a legal agreement (“Agreement”) between you and Curiouzz Inc., a Canadian corporation (“Curiouzz”, “us”, “our”, or “we”), which may be contacted at support@curiouzz.com.
This Agreement applies to the access and use of the Curiouzz website, curiouzz.com, including the website’s mobile and online versions (the “Website”) and to the download and use of any of our applications (including iOS and Android applications) accessible in Canada (the ”Applications”), and registration to or use of any of the services provided by us through the aforementioned platforms (collectively, with the Website and Applications, each, a “Service” or the “Services”). By using any of the Services, you agree to, and are bound by, these terms and conditions of service of this Agreement (including the privacy policy) for as long as you continue to use the Services. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, DO NOT USE THE SERVICES. Your use of, or participation in, certain Services may be subject to additional terms, and such terms will be either listed in this Agreement or will be presented to you for your acceptance when you sign up to use such Services and which are incorporated into and form part of this Agreement.
The Services include the following, without limitation:
- account registration and user profiles;
- onboarding and engagement features, including prompts, questions, and other interactive experiences;
- discovery, compatibility, and connection tools that facilitate interactions between users;
- messaging, communication, and other in-app interaction features, subject to applicable access rules;
- progressive feature access, including requirements that may limit or unlock functionality based on user participation;
- optional paid features, including subscriptions, in-app purchases, and virtual items;
- safety, moderation, reporting, and account management tools;
- notifications, alerts, and service communications; and
- any related features, tools, content, or services made available by Curiouzz from time to time through the Website or Applications.
This Agreement is subject to change by Curiouzz in its sole discretion at any time. We will notify you of any such changes by posting an updated version of the Agreement on this page. Your continued use of the Services after the posting of revisions to this Agreement will constitute your acceptance of such revisions. Please consult the end of this Agreement to determine when the Agreement was last revised.
1. Eligibility.
a. Minimum Age. You must be at least 18 years old to create an account and use the Services. By using the Services, you represent and warrant that you are at least 18 years old.
b. Legal Capacity and Authority. You represent and warrant that you have the legal capacity to enter into this Agreement and that you will comply with this Agreement and all applicable laws while using the Services.
c. Safety, Background Checks, and Verification. Curiouzz does not conduct criminal background checks on Users. We do not guarantee that any user is who they claim to be, or that any user has no criminal history. You are responsible for exercising caution when interacting with others, including when meeting in person. Curiouzz may use reasonable measures to protect users of the Services and our community, including account review, moderation, and safety checks consistent with applicable law and our policies.
d. Account Requirements. To access certain features of the Services, you may be required to complete required onboarding steps and provide requested information (for example, profile details, preferences, and other in-app setup). If you do not complete required onboarding steps, some features may be unavailable.
2. Use of the Services.
As a user of the Services (a “Registered User”), you agree to the following:
a. Account Registration and Free Access. It is free to create an account and to access certain features of the Services (“Free Access”). To register, you must provide accurate, current, and complete information, including a valid email address. You agree to maintain the accuracy of your account information at all times.
You are solely responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account, whether authorized by you or not. Curiouzz will not be liable for any loss or damage arising from unauthorized access to your account.
Curiouzz reserves the right, in its sole discretion, to suspend, restrict, or terminate any account that contains inaccurate, misleading, incomplete, or fraudulent information, or that otherwise violates this Agreement.
b. Required Onboarding and Feature Access. Curiouzz uses a progressive access model. Certain features of the Services, including the ability to view profiles, initiate communication, or continue interactions with other users, may require completion of specific in-app onboarding steps and engagement requirements.
These steps may include, without limitation, profile completion, prompts, questions, or other interactive features designed to support meaningful participation on the platform. If you do not complete required onboarding steps, some features may be limited, restricted, or unavailable.
Curiouzz reserves the right to modify onboarding requirements, access conditions, and feature availability at any time, with or without notice, in order to protect the integrity, safety, and intended use of the Services.
i. Subscriptions: Curiouzz may offer one or more paid subscription plan (“Subscriptions”) that provide access to enhanced features, functionality or privileges beyond Free Access. The specific features included in a Subscription, as well as pricing, billing frequency, renewal terms, and cancellation instructions, are disclosed to you at the time of purchase within the Services or applicable platform store.
Subscriptions may unlock or enhance features such as increased visibility, expanded interaction capabilities, advanced discovery tools, or other premium functionality. Access to Subscription features is limited to the active subscription period and remains subject to this Agreement and any applicable platform rules.
Curiouzz does not guarantee any specific results from a Subscription, including connections, responses, or successful interactions. We reserve the right to modify, add, or remove Subscription features at any time, subject to applicable law.
ii. Virtual Items and In-App purchases
Curiouzz may offer virtual items, digital goods, or in-app purchases (“Virtual Items”) that can be used to unlock, enhance, or enable certain features or interactions within the Services.
Virtual Items:
· have no monetary value outside the Services;
· are non-transferable and non-assignable;
· may not be redeemed for cash or exchanged for other goods or services;
· may expire, be limited in quantity, or be subject to usage conditions as disclosed at the time of purchase.
Virtual Items are tied to your account and may be forfeited if your account is suspended, terminated, or deleted, except as required by applicable law.
Curiouzz reserves the right to adjust the availability, pricing, functionality, or rules governing Virtual Items at any time.
iii. Purchase Terms and Platform rules:
All purchases of Subscriptions and Virtual Items are processed through third-party payment providers or platform services (such as the Apple App Store or Google Play Store). Refunds, cancellations, and billing disputes are governed by the applicable platform’s terms and policies, except where otherwise required by law.
Curiouzz does not control payment processing decisions made by third-party platforms and is not responsible for actions taken by those platforms, including refunds, chargebacks, or payment failures.
c. Payments. When making a purchase through the Services, you will be required to provide certain payment information to an authorized third-party payment processor or platform provider (such as Apple or Google). You agree that all payment information you provide will be accurate, complete, and current.
Curiouzz does not store full payment card details. Payment processors may store and process payment credentials, including through tokenization or similar methods, in accordance with their own terms and privacy practices. You agree to pay all valid charges incurred in connection with your account, including applicable taxes and fees, as determined by your place of residence at the time of purchase.
d. Purchases Through Third-Party Platforms. You may purchase subscriptions or other paid features through third-party platforms, including the Apple App Store or Google Play Store (“Third-Party Platforms”). Purchases made through Third-Party Platforms are governed by the applicable platform’s terms, billing rules, and refund policies.
Cancellations, renewals, refunds, and billing disputes for purchases made through Third-Party Platforms must be managed directly through the applicable platform. Curiouzz does not control and is not responsible for the actions or decisions of Third-Party Platforms.
e. Exclusive Use of Account. Your account is for your personal, non-commercial use only. You may not authorize others to access or use your account, create multiple accounts, or transfer your account to any other person or entity without prior written consent from Curiouzz.
You acknowledge that Curiouzz is not responsible for unauthorized access to your account resulting from theft, loss, or misuse of your login credentials.
f. Geographic Availability. The Services are currently intended for use in jurisdictions where Curiouzz makes them available. Curiouzz reserves the right to modify, restrict, or discontinue availability of the Services, in whole or in part, in any jurisdiction at any time, in its sole discretion.
You are solely responsible for ensuring that your use of the Services complies with all applicable local, provincial, state, national, and international laws and regulations. Access to or use of the Services is void where prohibited by law.
g. Information Submitted by Users. You are solely responsible for the accuracy, legality, and appropriateness of all information and content you submit, post, transmit, or otherwise make available through the Services, as well as for your interactions with other users.
You represent and warrant that all information you provide is truthful, accurate, and submitted for lawful purposes only. How Curiouzz collects, uses, and shares personal information is described in our Privacy Policy.
h. Risk Assumption and Precautions. You acknowledge that interactions with other users, whether online or in person, carry inherent risks. You voluntarily assume all risks associated with using the Services, including messaging and meeting other users.
You agree to take reasonable precautions when interacting with others and acknowledge that Curiouzz does not verify the identity, intentions, or conduct of users.
i. No Guarantees. Curiouzz does not guarantee that you will receive connections, responses, or ongoing interactions through the Services. We make no representations or warranties regarding user compatibility, outcomes, or the conduct of other users.
Your use of the Services is at your own discretion and risk.
j. Reporting of Violations. You agree to promptly report to Curiouzz any violations of the Agreement by others, including but not limited to, misuse of the Services or behaviour that may pose a risk to other users.
k. Content Moderation and Removal. Curiouzz reserves the right, but has no obligation, to review, monitor, or remove the information or material you submit to the Services or post in the public areas of the Services. Curiouzz will have the right to remove or restrict access to any content account that in its sole opinion violates, or may violate, any applicable law or either the letter or spirit of this Agreement or upon the reasonable request of any third party. Curiouzz may also limit or revoke access to features, interactions, or connections as part of moderation or enforcement actions.
l. Posting and Communication Restrictions. You agree to use the Services responsibly and in accordance with this Agreement, applicable laws, and any community guidelines provided by Curiouzz from time to time. You will not post, transmit, communicate, or otherwise make available any content, or engage in any activity, that:
a. promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- is abusive, harassing, threatening, intimidating, or invasive of another person’s privacy;
- is defamatory, intentionally inaccurate, abusive, obscene, profane, offensive, sexually charged, obscene or otherwise objectionable or unlawful;
- infringes the intellectual property right of Curiouzz or any third-party including copyright in and to content (e.g., music, movies, videos, photographs, images, software, literary works, etc.);
- contains video, audio photographs, or images of another person;
- promotes or enables illegal or unlawful activities, such as instructions on how to make or buy illegal weapons or drugs, violate someone’s privacy, harm or harass another person, steal someone else’s identity, create or disseminate computer viruses, or circumvent copy-protect devices;
- is false or misrepresentative or otherwise intended to defraud, swindle or deceive other users of the Services;
- contains viruses, ransomware, spyware, adware, time bombs, trojan horses, cancelbots, worms or other harmful, or disruptive codes, components or devices;
- promotes or solicits involvement in or support of a political platform, religion, cult, or sect;
- disseminates another person’s personal information without his or her permission, or collects or solicits another person’s personal information for commercial or unlawful purposes;
- is off-topic, meaningless, or otherwise intended to annoy or interfere with others’ enjoyment of the Services;
- impersonates, or otherwise misrepresents affiliation, connection or association with, any person or entity;
- solicits gambling or engages in any gambling or similar activity;
- uses scripts, bots or other automated technology to access the Services;
- uses the Services for chain letter, junk mail or spam e-mails;
- collects or solicits personal information about anyone under 18; or
- is in any way used for or in connection with spamming, spimming, phishing, trolling, or similar activities.
m. Accuracy of Information. You will not provide inaccurate, misleading or false information to Curiouzz or to any other user. If information provided to Curiouzz or another user subsequently becomes inaccurate, misleading or false, you will promptly notify Curiouzz of such change.
n. No Advertising or Commercial Solicitation. You will not advertise or solicit any user to buy or sell any products or services on or through the Services. You may not transmit any chain letters, junk or spam e-mail to other users or other unsolicited commercial messages. Further, you will not use any information obtained from the Services in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent. If you breach the terms of this subsection and send or post unsolicited bulk email, “spam” or other unsolicited communications of any kind through the Services, you acknowledge that you will have caused substantial harm to Curiouzz. To the extent permissible under applicable law, as a reasonable estimation of such harm, you agree to pay Curiouzz CAD $50 for each such unsolicited communication you send through the Services.
o. One Account and Bona Fide Use. You may maintain only one account on the Services unless expressly authorized by Curiouzz. Your use of the Services must be for genuine personal interaction and relationship-oriented purposes. Curiouzz is intended for individuals seeking one meaningful connection at a time. You may not use the Services to solicit an affair or a non-monogamous arrangement, or to describe yourself in a way that misrepresents your availability for such a connection. Curiouzz may ask you to amend profile content that does not meet this requirement, and may suspend or close an account that repeats a breach after being asked to change it.
Curiouzz may create test, moderation, or safety accounts to monitor the operation and integrity of the Services.
p. No Harassment of Curiouzz Employees or Agents. You will not harass, annoy, intimidate or threaten any Curiouzz employees or agents engaged in providing any portion of the Services to you.
q. Social Media. We may provide you the option to connect your Curiouzz account to your account on some social networking websites (such as via Continue with Facebook) for the purpose of logging in, uploading information or enabling certain features on the Service. When enabling this feature, we will disclose to you the information we collect from the connected social networking website and will use such information in compliance with our privacy policy. By connecting your Curiouzz account to your account on any social networking website, you hereby consent to the continuous release of information about you to Curiouzz. We will not send any of your Curiouzz account information to the connected social networking website without first disclosing that to you. Each social network may further allow you to set privacy controls around your information on their system, and Curiouzz’s collection of information will always follow such controls and permissions. This feature is subject to continuous change and improvement by us and each social networking website involved, and therefore the available features and shared information are subject to change in accordance with the terms of this Agreement, and the terms of use of the relevant social networking site.
r. Reverse Engineering and Platform Integrity. In addition to any Curiouzz information or documents containing information that constitute a “trade secret”, the following will be deemed trade secrets of Curiouzz and you will treat the following as our trade secrets to the extent they have not been made public by us: (i) all source code, data and configuration files within or comprising our Services or used to receive content from, or deliver content to the Services, and all documentation relating thereto; (ii) all financial information relating to Curiouzz or its affiliates; and (iii) all Service plans of Curiouzz or its affiliates. By consenting to the terms of this Agreement, you acknowledge and agree that such information has independent economic value due to it not being generally known or available to others, and that Curiouzz takes reasonable measures to protect the confidentiality and secrecy of such information. You agree not to, and warrant and represent that you will not, engage in any activity, assist any third party in engaging in any activity, or attempt in any way, or assist any third party in attempting in any way, to: (v) discover or use any trade secrets of Curiouzz without Curiouzz’s prior written consent; (vi) reverse engineer or otherwise discover any source code utilized by our Services or any client or other software provided by us; or (vii) breach, discover, circumvent, disable or otherwise compromise any security, encryption, password protection, or other feature or mechanism used by us or our Services to protect the Services or any data, hardware, software or server used in connection with it.
s. Linking, crawling and scraping. You may not scrape, crawl, cache, frame, mirror, or otherwise reproduce any portion of the Services or its content without prior written authorization from Curiouzz. Automated access, data harvesting, or reproduction of content is strictly prohibited.
3. Proprietary Rights.
a. Ownership of Proprietary Information. You hereby acknowledge and agree that Curiouzz is the owner or licensee of highly valuable proprietary information accessible on or through the Services, including without limitation, the compatibility system, compatibility profiles, and our compatibility quiz (collectively, “Confidential Information”). Curiouzz owns and hereby retains all proprietary rights in the Services, including but not limited to, all Confidential Information.
b. Restriction on Use. You will not post, copy, modify, transmit, disclose, show in public, create any derivative works from, distribute, make commercial use of, or reproduce in any way any (i) Confidential Information or (ii) other copyrighted material, trademarks, or other proprietary information accessible via the Services, without first obtaining the prior written consent of the owner of such proprietary rights.
c. Other Users’ Content. Other Registered Users may post information, which has copyright protection whether or not it is identified as copyrighted. You agree that you will not copy, modify, publish, transmit, distribute, perform, display, commercially use, or sell any Curiouzz or third-party proprietary information available via the Services.
d. License to User Content. By posting information or content to any profile pages or public area of the Services, or making it accessible to us by linking your Curiouzz account to any of your social network accounts (e.g. via Continue with Facebook) subject to applicable privacy laws as they relate to any personal information contained therein, you automatically grant, and you represent and warrant that you have the right to grant, to Curiouzz and its users, an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, reproduce, perform, publicly display, modify and distribute such information and content, and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sub-licenses of the foregoing. From time to time, we may create, test or implement new features or programs on the Services in which you may voluntarily choose to participate or may be a part of a test group with special access, in accordance with the additional terms and conditions of such features or programs. By your participation in such features or programs, you grant us the rights and waive certain other rights stated in this subsection in connection with the additional terms and conditions (if any) of such features or programs.
e. Feature Testing and Improvements. From time to time, Curiouzz may test, introduce, or modify features, tools, or programs. If you choose to participate in such features or are included in a test group, you agree that Curiouzz may use related content, feedback, and usage data in accordance with this Agreement and our Privacy Policy to improve the Services.
4. User Information.
a. Privacy and Data Use. Curiouzz collects, uses, and processes your information in accordance with its Privacy Policy, which forms part of this Agreement. By using the Services, you acknowledge and agree to such collection, use, and processing.
Your personal information may be processed and stored in Canada, the United States, or other jurisdictions where Curiouzz or its service providers operate, in accordance with applicable data protection laws. Curiouzz may share personal information with trusted third parties who assist in operating, securing, and improving the Services, subject to contractual confidentiality and data protection obligations.
b. Contact Information Restrictions. To protect user privacy and safety, you agree not to post or display any personal contact information in publicly visible areas of the Services. This includes, without limitation, full names, phone numbers, physical addresses, email addresses, personal websites, or third-party profile links.
You may choose to share personal contact information privately with another user through direct communication at your own discretion. Curiouzz does not monitor or control information exchanged in private conversations and is not responsible for such disclosures.
c. Disclosure Required By Law. You acknowledge and agree that Curiouzz may disclose information you provide in accordance with our privacy policy, including, if required to do so by law, at the request of certain third parties, or if we, in our sole discretion, believe that disclosure is reasonable to (1) comply with the law, requests or orders from law enforcement, or any legal process (whether or not such disclosure is required by applicable law); (2) protect or defend Curiouzz’s, or a third party’s, rights or property; or (3) protect someone’s health or safety, such as when harm or violence against any person (including the user) is threatened.
d. Disclosure to Protect Individuals. Notwithstanding any other provision of this Agreement or the privacy policy, Curiouzz reserves the right, but has no obligation, to disclose any information that you submit to the Services, if in its sole opinion, Curiouzz suspects or has reason to suspect, that the information involves a party who may be the victim of abuse in any form. Abuse may include, without limitation, elder abuse, child abuse, spousal abuse, neglect, or domestic violence. Information, including personal information, may be disclosed to authorities that Curiouzz, in its sole discretion, deems appropriate to handle such disclosure, provided that such disclosure is pursuant to applicable law. Appropriate authorities may include, without limitation, law enforcement agencies, child protection agencies, or court officials. You hereby acknowledge and agree that Curiouzz is permitted to make such disclosure.
e. Use of Aggregated and Anonymous Information. Curiouzz may use aggregated and anonymized information derived from user activity to operate, analyze, and improve the Services. Such information does not identify you personally and may be used for internal analytics, product improvement, safety efforts, or research purposes.
Curiouzz will not publish or disclose research or analytics that identify you personally without your explicit consent.
5. Artificial Intelligence and Automated Systems.
a. Use of Artificial Intelligence. Curiouzz may use artificial intelligence, machine learning, and automated systems (“AI Systems”) to support and enhance certain features of the Services. These systems may be used, for example, to assist with onboarding experiences, discovery and recommendation features, content moderation, safety monitoring, fraud prevention, analytics, and service improvements.
AI Systems are used as tools to support the Services and do not replace human judgment or decision-making in all cases.
b. No Guarantees or Deterministic Outcomes. AI Systems operate based on patterns, data, and probabilistic models and may produce outputs that are inaccurate, incomplete, or unexpected. Curiouzz does not guarantee the accuracy, reliability, or outcomes of any AI-assisted feature, including recommendations, rankings, or suggested interactions.
Use of AI Systems does not guarantee connections, responses, compatibility, or successful interactions.
c. Human Oversight and Enforcement. Certain actions taken on the Services, including account moderation, enforcement decisions, and safety-related actions, may involve human review, either exclusively or in combination with automated tools. Curiouzz reserves the right to make final decisions regarding enforcement, access, or feature availability in its sole discretion, subject to applicable law.
d. User Responsibility. You acknowledge and agree that AI-assisted features are provided for informational and facilitative purposes only. You remain solely responsible for your interactions, decisions, communications, and actions taken through or as a result of using the Services, including interactions with other users.
e. Data Use and Privacy. AI Systems operate in accordance with this Agreement and Curiouzz’s Privacy Policy. Personal information used in connection with AI Systems is processed only as described in the Privacy Policy.
Curiouzz does not use private user messages or personal content to train third-party artificial intelligence models in a manner that identifies you, except where disclosed and permitted by applicable law.
f. System Changes and Improvements. Curiouzz may update, modify, expand, or discontinue AI Systems at any time, including introducing new automated features or retiring existing ones. The availability and behavior of AI-assisted features may change over time as the Services evolve.
6. Links to Third-Party Websites and Third-Party Services.
The Services may contain links to third-party websites, services, or content that are not owned or controlled by Curiouzz. Such links are provided for convenience only.
Curiouzz does not endorse, control, or assume responsibility for any third-party websites, services, or content, including their availability, accuracy, policies, or practices. Your access to or use of third-party websites or services is at your own risk and subject to the applicable third party’s terms and policies.
Any interactions, transactions, or communications between you and third parties, including advertisers, sponsors, or promotion partners, are solely between you and the applicable third party. Curiouzz is not responsible or liable for any loss or damage arising from such interactions or from your reliance on third-party content.
7. Disclaimer of Warranties and Conditions.
a. No Warranties or Conditions. THIS SECTION WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND SUBJECT ALWAYS TO CLAUSE 7 (LIMITATION OF LIABILITY) BELOW. CURIOUZZ PROVIDES THE SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS AND MAKES NO AND DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, COLLATERAL OR OTHERWISE WITH RESPECT TO THE SERVICES (INCLUDING ALL CONTENT AND INFORMATION CONTAINED THEREIN), INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. CURIOUZZ DOES NOT REPRESENT OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE SECURE, UNINTERRUPTED, ALWAYS AVAILABLE, FREE OF ERRORS, VIRUSES, BUGS OR OTHER HARMFUL COMPONENTS, OR WILL MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED. CURIOUZZ DISCLAIMS LIABILITY FOR, AND NO REPRESENTATION, WARRANTY OR CONDITION IS MADE WITH RESPECT TO, THE CONNECTIVITY AND AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, YOU ACKNOWLEDGE AND AGREE THAT NO SOFTWARE OR WEBSITE CAN BE ENTIRELY SECURE OR FREE OF RISK OF SECURITY BREACHES OR ATTACKS BY THIRD PARTIES, AND THAT WE MAKE NO WARRANTY OR REPRESENTATION THAT OUR SERVICES WILL BE SECURE OR FREE FROM DATA BREACHES OR CYBER ATTACKS.
b. Third Party Content. Opinions, advice, statements, offers, or other information or content made available through the Services, but not directly by Curiouzz, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. CURIOUZZ DOES NOT: (i) GUARANTEE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION PROVIDED ON OR ACCESSED VIA THE SERVICES, OR (ii) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY OTHER THAN CURIOUZZ. TO THE FULLEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES WILL CURIOUZZ BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM ANYONE’S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE SERVICES OR TRANSMITTED TO OR BY ANY USERS.
c. Beta and Experimental Features. From time to time, Curiouzz may offer new “beta” features or tools with which its users may experiment on the Services. Such features or tools are offered solely for experimental purposes and without any representation, warranty or conditions of any kind, and may be modified or discontinued at Curiouzz’s sole discretion. The provisions of this Disclaimer of Warranties and Conditions section apply with full force to such features or tools.
8. Limitation of Liability.
a. Limitation of Damages and Aggregate Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL CURIOUZZ BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, PUNITIVE, EXEMPLARY AND/OR INCIDENTAL DAMAGES ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE THE SERVICES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OR CORRUPTION OF DATA OR PROGRAMS, SERVICE INTERRUPTIONS AND PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF CURIOUZZ KNOWS OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL CURIOUZZ’S AGGREGATE LIABILITY, IN ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THIS AGREEMENT OR THE USE OF THE SERVICES , EXCEED THE PRICE PAID BY YOU FOR YOUR ACCOUNT, OR, IF YOU HAVE NOT PAID CURIOUZZ FOR THE USE OF ANY SERVICES, THE AMOUNT OF CAD $25.00 OR ITS EQUIVALENT.
b. No Liability for non-Curiouzz Actions. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL CURIOUZZ BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER PUNITIVE, EXEMPLARY, DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SERVICES, INCLUDING WITHOUT LIMITATION, BODILY INJURY, DEATH, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER REGISTERED USERS OF THE SERVICES. THIS INCLUDES ANY CLAIMS, LOSSES OR DAMAGES ARISING FROM THE CONDUCT OF USERS WHO HAVE REGISTERED UNDER FALSE PRETENSES OR WHO ATTEMPT TO DEFRAUD OR HARM YOU.
c. Information Verification. Curiouzz may but is not required to use various ways of verifying information that users have provided. However, none of those ways are perfect, and you agree that Curiouzz will have no liability to you arising from any incorrectly verified information.
9. Indemnification.
a. To the maximum extent permitted by law, you agree to indemnify, defend and hold harmless Curiouzz and its affiliates and/or related entities, whether direct or indirect, current, former or future, and its and their respective current, former or future officers, directors, employees, agents, successors and assigns and related third parties (each an “Indemnified Party”), for any claims, causes of action, debts, damages, losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of any third party claim that (a) your use of or inability to use the Services, (b) any user postings made by you, (c) your violation of any terms of this Agreement or your violation of any rights of a third party, or (d) your violation of any applicable laws, rules or regulations, except to the extent caused by any unlawful or negligent act or omission by Curiouzz. Curiouzz reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Curiouzz in asserting any available defenses. An Indemnified Party may participate in the defense by counsel of its own choosing, at its own cost and expense. You shall not settle any claim that adversely affects an Indemnified Party or imposes any obligation or liability on an Indemnified Party without the Indemnified Party’s prior written consent.
b. TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU HEREBY RELEASE EACH INDEMNIFIED PARTY FROM ALL DAMAGES (WHETHER DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR OTHERWISE), LOSSES, LIABILITIES, COSTS AND EXPENSES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN CONNECTION WITH DISPUTES BETWEEN YOU AND THIRD PARTIES CONCERNING THE SERVICES OR THIS AGREEMENT.
10. Complaints and Contact.
To resolve a complaint regarding the Service, you should review our Frequently Asked Questions (FAQ) or email us at support@curiouzz.com.
Curiouzz may, but is not obligated to, review and respond to complaints. You agree to provide accurate and complete information when submitting a complaint so that it may be properly reviewed.
11. Communication.
All communications relating to the Services will occur electronically. Curiouzz may communicate with you through in-app notifications and email using the email address associated with your account, including messages related to account activity, service updates, policy changes, promotions, or billing matters.
You acknowledge that electronic communications satisfy any legal requirement that such communications be in writing. You may manage certain communication preferences in accordance with our Privacy Policy, subject to required service-related messages.
Curiouzz does not provide support or service communications by telephone and will not request that you share a phone number for account communications.
12. Term and Termination.
This Agreement will become effective upon your acceptance of the Agreement by your use of the Services and will remain in effect in perpetuity unless terminated hereunder.
Either you or Curiouzz may terminate your account at any time, for any reason or no reason, without explanation, effective upon sending written notice to the other party. Curiouzz reserves the right to immediately suspend or terminate your access to any of the Services, without notice, for any reason or no reason. We also reserve the right to remove your account information or data from our Services and any other records if your account and/or access to the Services is terminated. In the event your access to any of the Services is suspended due to a material breach of this Agreement, you agree that all fees paid to Curiouzz by you are nonrefundable and that any outstanding fees (e.g., remaining installments) will become due and payable immediately. You may terminate your account by following the steps in the applicable section under “Cancellations” below, or by sending a notice of cancellation to: Curiouzz, Inc., support@curiouzz.com. Following any termination of your Service account due to a violation of our Agreement, Curiouzz may, at our discretion or as required by law, send a notice thereof to other Registered Users with whom you have corresponded for the protection of our members.
13. Cancellations & Holds of Subscription.
a. Cancellation and Account Holds. Except as otherwise stated in this section, you may cancel or hold your registration or subscription to any Services at any time during the term of such registration or subscription or any renewal period by accessing settings Data & Settings and following the links.
You may cancel a subscription at any time. Cancellation will prevent future charges but will not retroactively refund amounts already paid, except where required by applicable law or platform policies.
If you purchased a subscription through a third-party platform (such as the Apple App Store or Google Play Store), you must manage cancellations directly through that platform in accordance with its rules and policies. Curiouzz cannot cancel or refund subscriptions purchased through third-party platforms.
If you purchased a subscription using an installment or multi-payment plan, cancellation will not relieve you of the obligation to pay the full amount agreed to at the time of purchase, unless otherwise required by law.
If you purchase a subscription on an installment payment basis (such as three-part pay), cancellation will not affect your obligation to pay the total contractual amount due on your subscription and your account, credit card, or other payment method will continue to be charged the scheduled payments until the remaining balance is paid in full.
b. Automatic Renewals. To provide continuous access to the Services, paid subscriptions renew automatically at the end of the applicable subscription period unless cancelled prior to renewal. Renewal terms, pricing, and billing frequency are disclosed to you before purchase and at confirmation.
You authorize Curiouzz or the applicable payment platform to charge the renewal fee, including applicable taxes, unless you cancel in accordance with the cancellation instructions provided. Renewal pricing may change and will be communicated where required by law.
If you do not wish your subscription to renew automatically, you must cancel before the end of the current billing period using the applicable cancellation method.
RENEWALS.
IN ORDER TO PROVIDE CONTINUOUS SERVICE, CURIOUZZ AUTOMATICALLY RENEWS ALL PAID SUBSCRIPTIONS FOR THE SERVICES ON THE DATE SUCH SUBSCRIPTIONS EXPIRE UNLESS YOU CANCEL AT LEAST 24 HOURS BEFORE THE END OF YOUR CURRENT TERM. WE ALWAYS COMMUNICATE RENEWAL PERIODS TO YOU, BEFORE YOU FINALIZE THE PURCHASE OF YOUR SUBSCRIPTION UPON CONFIRMATION OF PURCHASE, AND AS OTHERWISE REQUIRED IN YOUR JURISDICTION. BY ENTERING INTO THIS AGREEMENT, YOU ACKNOWLEDGE THAT YOUR ACCOUNT WILL BE SUBJECT TO THE ABOVE- DESCRIBED AUTOMATIC RENEWALS. IN CONNECTION WITH ANY RENEWAL, YOU AGREE AND AUTHORIZE US TO CHARGE YOU APPLICABLE CHARGES, INCLUDING APPLICABLE INSTALLMENT FEES, SALES OR OTHER TAXES (“RENEWAL FEES”) YOU FURTHER ACKNOWLEDGE THAT THE RENEWAL FEES ARE SUBJECT TO CHANGE AND MAY VARY BY YOUR PLACE OF RESIDENCE AT THE TIME OF SUBSCRIPTION. IN ALL CASES, IF YOU DO NOT WISH YOUR ACCOUNT TO RENEW AUTOMATICALLY, PLEASE FOLLOW THE DIRECTIONS SET OUT UNDER “CANCELLATIONS AND ACCOUNT HOLDS” SECTION ABOVE.
14. Governing Law & Venue.
Unless prohibited by local law, this Agreement is governed by the laws of the Province of Ontario, without giving effect to any principles of conflicts of laws. Notwithstanding the foregoing, Section 15 of this Agreement shall be governed by the Arbitration Act (Ontario). Any action to compel arbitration or challenging the enforceability or applicability of the arbitration provisions herein, must be filed in the courts of Ontario. Any action filed in any other court shall be transferred to, or dismissed without prejudice for refiling only in, the courts of Ontario, after removal to the appropriate federal court, if applicable, for determination by the Ontario court as to whether the action should be stayed pending, or otherwise referred to, arbitration. Any claims that are not referred to arbitration must be adjudicated exclusively in the courts of Ontario. For such claims, the courts of Ontario shall have exclusive personal jurisdiction and venue over you and us, and you and we waive any objection based on inconvenient forum. The parties also agree that transfer or dismissal cannot be denied based on inconvenience to the parties, piecemeal adjudication of the claims, a risk of inconsistent findings of law or fact, the presence of other parties who are not party to these terms, or any other private or public considerations. Nothing in this Agreement is intended to limit a party’s right to seek equitable relief at any time. If the Arbitration Agreement (as set forth in Section 15) is held to be unenforceable, you and we agree that any claims or disputes that you or we have against each other must be resolved in the courts of Ontario to the extent permissible by applicable law. Notwithstanding the foregoing, claims appropriately brought in small claims court may be filed in any court of competent jurisdiction. For the sake of clarity, the choice of Ontario law shall not exclude, limit or supersede a consumer’s rights or remedies under mandatory consumer protection laws in the jurisdiction where the consumer resides.
15. Arbitration Agreement, Class Action Waiver and Jury Trial Waiver.
a. Purpose: This section 15 of the Agreement (henceforth referred to as “Arbitration Agreement”) facilitates the prompt and efficient resolution of any Disputes that may arise between you and Curiouzz. Arbitration is a form of private Dispute (as defined below) resolution in which parties to a contract agree to submit their Disputes and potential Disputes to a neutral third person (called an arbitrator) for a binding decision, instead of having such Dispute(s) decided in a lawsuit, in court, by a judge or jury trial.
Please read this Arbitration Agreement carefully. It provides that all Disputes between you and Curiouzz shall be resolved by binding arbitration. Arbitration replaces the right to go to court. In the absence of this Arbitration Agreement, you may otherwise have a right or opportunity to bring claims in a court, before a judge or jury, and/or to participate in or be represented in a case filed in court by others (including, but not limited to, class actions). Entering into this Arbitration Agreement constitutes a waiver of your and our right to litigate claims in court and all opportunity to be heard by a judge or jury. There is no judge or jury in arbitration, and court review of an arbitration award is limited. The arbitrator must follow this Arbitration Agreement and can award the same damages and relief as a court (including attorney’s fees, if otherwise authorized by applicable law).
For the purpose of this Arbitration Agreement, “Curiouzz” means Curiouzz, Inc. and its parents, subsidiaries, and affiliated companies, and each of their respective officers, directors, employees, and agents. The term “Dispute” means any dispute, claim, or controversy between you and Curiouzz regarding any aspect of your relationship with Curiouzz, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, negligence, gross negligence or reckless behavior), or any other legal or equitable theory, and includes the validity, enforceability or scope of this Arbitration Agreement (with the exception of the enforceability of the Class Action Waiver in this Arbitration Agreement). “Dispute” is to be given the broadest possible meaning that will be enforced.
YOU AND CURIOUZZ EACH AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES, AS DEFINED ABOVE, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT IN ACCORDANCE WITH THIS ARBITRATION AGREEMENT.
b. Pre-Arbitration Dispute Resolution: For all Disputes, you and we must first give each other an opportunity to resolve the Dispute before commencing arbitration. You must commence any Dispute you have with us by emailing written notification to Curiouzz, Inc. located at support@curiouzz.com. That written notification must include (1) your name, (2) your address, (3) your phone number, (4) your email address used to create your Curiouzz account, (5) a written description of the Dispute, (6) a description of the specific relief you seek, and (7) your personal signature. If Curiouzz does not resolve the Dispute to your satisfaction within 45 days after it receives your written notification, you may pursue your Dispute in arbitration. We must commence any Dispute we have with you by sending you a written notification to the email address used to create your Curiouzz account that includes a written description of the Dispute and a description of the specific relief we seek. If the Dispute is not resolved to our satisfaction within 45 days after you receive our written notification, we may pursue our Dispute in arbitration. Either party may communicate directly with the other in an effort to satisfy or resolve any Dispute, including by communicating any offers or demands.
c. Arbitration Procedures: If this Arbitration Agreement applies and the Dispute is not resolved as provided above (“Pre-Arbitration Claim Resolution”) either you or Curiouzz may initiate arbitration proceedings in accordance with Ontario law. The arbitration shall be commenced as an individual arbitration and shall in no event be commenced as a representative or class arbitration. All issues shall be for the arbitrator to decide, including the scope of this Arbitration Agreement.
d. Arbitration Award: The arbitrator may award on an individual basis any relief that would be available pursuant to applicable law and will not have the power to award relief to, against or for the benefit of any person who is not a party to the proceeding. The arbitrator shall make any award in writing but need not provide a statement of reasons unless requested by a party. Such award by the arbitrator will be final and binding on the parties.
e. Location of Arbitration: The arbitration may be heard in Ontario, as otherwise required by the arbitration provider’s rules, or in another location mutually agreed to by the parties. The parties may appear via teleconference as though they were appearing in person unless otherwise ordered by the arbitrator.
f. Payment of Arbitration Fees and Costs: The initiating party must pay all filing fees that the arbitration provider requires to be paid by the initiating party. Your and our responsibility to pay other administrative and arbitrator fees and costs will also be as set forth in the applicable arbitration provider’s rules, unless the arbitrator determines the claims are frivolous. If a claim is determined to be frivolous, the claimant is responsible for reimbursing the respondent for its portion of all such administrative, hearing, filing, and/or other fees incurred as a result of the frivolous claim. The arbitration provider may also impose such obligation on the claimant’s attorneys. Fees, costs, and sanctions may also be awarded in the arbitration against a party of a party’s attorney as provided pursuant to applicable law.
g. Class Action Waiver: The parties agree that the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, representative action, consolidated action or private attorney general action) unless both you and Curiouzz specifically agree in writing to do so following initiation of the arbitration. Neither you, nor any other registered user of Curiouzz and/or user of the Services, can be a class representative, class member, or otherwise participate in a class, representative, consolidated or private attorney general proceeding.
h. Limitation of Procedural Rights: You understand and agree that, by entering into this Arbitration Agreement, you and Curiouzz are each agreeing to arbitration instead of the right to a trial before a judge or jury in a public court. In the absence of this Arbitration Agreement, you and Curiouzz might otherwise have had a right or opportunity to bring Disputes in a court, before a judge or jury, and/or to participate or be represented in a case filed in court by others (including class actions). You and we give up those rights. Other rights that you or we would have if you or we went to court, such as the right to appeal and to certain types of discovery, may be more limited in arbitration. The right to appellate review of an arbitrator’s decision is much more limited than in court, and in general an arbitrator’s decision may not be appealed for errors of fact or law.
i. Severability: If any clause within this Arbitration Agreement is found to be illegal or unenforceable, that clause will be severed from this Arbitration Agreement, and the remainder of this Arbitration Agreement will be given full force and effect.
j. Continuation: This Arbitration Agreement shall survive the termination of your contract with Curiouzz and your use of the Services.
16. General Provisions.
a. Right to Seek Injunction. Violation of this Agreement may cause Curiouzz irreparable harm, and therefore agree that Curiouzz will be entitled to seek extraordinary relief in court, including but not limited to temporary restraining orders, preliminary injunctions and permanent injunctions without the necessity of posting a bond or other security, in addition to and without prejudice to any other rights or remedies that Curiouzz may have for a breach of this Agreement.
b. Entire Agreement. This Agreement, together with the Privacy Policy and any additional terms disclosed at the time of purchase or use of specific features, constitutes the entire agreement between you and Curiouzz regarding the Services and supersedes all prior agreements or understandings.
c. No Waiver. Curiouzz’s failure to enforce any provision of this Agreement does not constitute a waiver of that provision or any other provision.
d. Severability. If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
e. Headings. Section headings are for convenience only and have no legal or contractual effect.
f. Miscellaneous. This Agreement, which you accept upon registration for the Services, the privacy policy located on the Services, and any applicable payment, renewal, additional Services terms, comprise the entire agreement between you and Curiouzz regarding the use of this Service, superseding any prior agreements between you and Curiouzz related to your use of the Services (including, but not limited to, any prior versions of this Agreement). The FAQ’s found on the Services are for informational purposes only and are not deemed to be part of this Agreement. Unless otherwise explicitly stated, the Agreement will survive termination of your registration to the Services. The failure of Curiouzz to exercise or enforce any right or provision of this Agreement does not constitute a waiver of such right or provision. If any provision of this Agreement is held invalid, the remainder of this Agreement will continue in full force and effect. The section titles in this Agreement are for convenience only and have no legal or contractual effect.