Terms of Service
Version
1.2
Feb 29, 2024
Curiosity General Terms and Conditions (Allgemeine Geschäftsbedingungen)
Thanks for using Curiosity! Our mission is to help you stay productive and focused by putting all your information at your fingertips. We do that by providing an intuitive, unified search and AI assistant.
These terms of service (“Terms”) cover your use and access to our services, client software and websites ("Services"). In addition, our Privacy Policy and Data Processing Addendum explains how we collect and use your information, while our Acceptable Use Policy outlines your responsibilities when using our Services. You can find additional information about how we keep your data safe in our Security Statement.
Scope of Terms
These General Terms and Conditions, or German “Allgemeine Geschäftsbedingugen” (”Terms ”) apply to all existing and future services of Curiosity GmbH (”us”). By using our Services, you’re agreeing to be bound by these Terms, our Privacy Policy, Data Processing Addendum, and Acceptable Use Policy.
“You” can access our Services either as an individual (”User”) or on behalf of an organization or a company (”Organization”). If you register for the Services on behalf of an Organization, you guarantee that (a) you have the authority to represent the Organization, and (b) and you accept Terms on behalf of the Organization.
These Terms apply exclusively and prevail over any other terms. Conflicting, deviating or supplementary terms and conditions of a User, an Organization, or a contractual partner, are not recognized by Curiosity, unless we have previously agreed to them in writing.
These Terms apply to natural persons and companies in the sense of § 310 I BGB (German Civil Code), as well as legal entities under public law and special funds under public law.
Our Services
Our Services include a Desktop App, Managed Team Workspaces, and On-Premises Workspaces.
The “Desktop App” includes a local software client downloadable from our website, and a browser plug-in. You can use a basic version of the Desktop App for free, and buy a subscription for a Professional version with additional features.
A “Managed Team Workspace” is a service offered to Organizations for shared search. It allows users working on behalf of the Organization to jointly search their data. In Managed Team Workspaces, the data is hosted on Curiosity infrastructure.
An “On-Premises Workspace” is a service offered to Organizations for shared search. It allows users working on behalf of the Organization to jointly search their data. For On-Premises Workspaces, you run a version of Curiosity search on your infrastructure. On-Premises Workspaces also include additional options for customisation.
Subject to these Terms, we grant you a limited, non-exclusive, non-transferable right to access and use our software products and any necessary customization ("Services"). The Services may only be used for internal business purposes or personal purposes, unless we have previously agreed otherwise in writing.
Your Data and Permissions
When you use our Services, you may provide us with things like your files, content, messages, contacts, and so on (“Your Data”). Your Data is yours. These Terms don’t give us any rights to Your Data except for the limited rights that enable us to offer the Services.
You need to register for an account to access the Services, and we may create an account for you so that you can interact with the Services. You must provide accurate information in your account.
If you use a Managed Teams Workspace, we need your permission to do things like hosting Your Data and backing it up. The Services may also provide you with features like commenting, sharing, searching, image thumbnails, document previews, Optical Character Recognition, Speech-To-Text, and Natural Language Processing. To provide these and other features, Curiosity may access, store, and scan Your Data. You give us permission to do those things with the sole purpose of providing the Services, and this permission extends to our affiliates and trusted third parties we work with.
Confidentiality
We undertake to treat any information provided by you confidentially, and to use it for the sole purpose of providing or improving the Services, unless otherwise required by law.
We don’t have any access to any of the data you connect to the Services (Desktop App, Managed Team Workspace, On-Premises Team Workspace), unless we have previously agreed otherwise with you in writing (e.g. in connection with services for setup, training, or customizations).
We work with trusted third parties (”Subprocessors”) to provide the Services. You can see an overview of our Subprocessors and their privacy statements under curiosity.ai/subprocessors. We check subprocessors carefully before selecting them, but we do not take responsibility for their actions.
Additional confidentiality terms apply only if we have previously agreed to them in writing in non-disclosure agreements (NDAs).
Your Responsibilities
Your use of our Services must comply with these Terms and our Acceptable Use Policy, and we may review your conduct for compliance.
You agree to provide accurate account information, and accurate billing information for Paid Accounts.
You are responsible for safeguarding your password to the Services. Don’t share your account credentials or give others access to your account.
You may use our Services only as permitted by applicable law, including export control laws and regulations. In particular, your use of the Services must comply with the data protection principles of the Federal Republic of Germany.
To use our Services, you must be at least 13 if you reside in the United States, and 16 if you reside anywhere else. If the law where you reside requires that you must be older in order for Curiosity to lawfully provide the Services to you without parental consent (including use of your personal data), then you must be that older age.
You are liable for all legal violations and claims that arise in connection with illegal use of the Services by you.
Software
As part of our Services - especially the Desktop App - you can download client software (“Software”) which may update automatically. So long as you comply with these Terms, we give you a limited, nonexclusive, nontransferable, revocable license to use the Software, solely to access the Services.
To the extent any component of the Software may be offered under an open source license, we’ll make that license available to you and the provisions of that license may expressly override some of these Terms. Unless the following restrictions are prohibited by law, you agree not to reverse engineer or decompile the Services, attempt to do so, or assist anyone in doing so.
Additional Features
Trials and Betas. Sometimes we may give you access to free trials or beta versions of the Services (”Trials and Betas”). We provide Trials and Betas “as-is”, without any warranty, compensation, guarantees, or support services. They may be terminated at any time for any reason. Our liability from Trials and Betas does not exceed 40€.The obligations from § 312i para 1 p. 1 no. 1 to no. 3 and p. 2 BGB do not apply.
Additional Features. From time to time, we may add additional features to enhance the Services at no additional charge. However, these free features may be withdrawn without further notice.
Third-Party Features. The Services may give you the option to use third-party features and integrations. Curiosity does not own or operate any such features or integrations. If you access or use any third-party features or integrations, you are responsible for this access and use, and Curiosity is not responsible for any act or omission of the third party or the availability, accuracy, the related content, products or services of third parties. This applies especially to “Third Party Search” and “AI Assistant” features.
Generative AI
Terms. Some features of the Service - in particular the “AI Assistant” - let you provide prompts and other input in order to receive output generated by “artificial intelligence” (AI). By default. these features use services from OpenAI. While using these features, you agree to comply with the OpenAI Terms of Use (https://openai.com/policies/terms-of-use), and privacy policy (https://openai.com/enterprise-privacy) and any other terms applicable to the OpenAI APIs.
Ownership and responsibility. Between you and us, you own all input and output, provided you comply with all applicable Terms. You are responsible for all input and output, including for ensuring that it does not violate any applicable laws or Terms.
Similar of output. Automatically generated content can be similar for different users. You acknowledge that similar output generated for other users does not belong to you, and agree not to make liable other users or us for violation of intellectual property rights related to the similar output they have received.
Limitations of AI. Automatically generated output may sometimes not accurately reflect real people, places or facts. It can sometimes also be emotionally inappropriate, biased, poorly reasoned, or completely wrong. You agree that you understand the limitations of AI-generated output, and that you will evaluate the accuracy of any output and be responsible for any further use of it.
Our Intellectual Property
The Services are protected by copyright, trademark, and other laws. These Terms don’t grant you any right, title, or interest in the Services, others’ content in the Services, Curiosity trademarks, logos and other brand features. We welcome feedback, but note that we may use comments or suggestions without any obligation to you.
Copyright
We respect the intellectual property of others and ask that you do too. We respond to notices of alleged copyright infringement if they comply with the law, and such notices should be reported to us by email at hello@curiosity.ai. We reserve the right to review cases reported to us and suspend or discontinue Services of repeat infringers.
Paid Accounts
Paid Accounts. You can unlock paid features for your account by turning your account into a “Paid Account”. We offer two types of Paid accounts: App Subscriptions and Workspaces. Pricing for App Subscriptions can be found on our pricing page at curiosity.ai/pricing, while pricing for the Workspaces can be found at curiosity.ai/workspace/pricing.
Corporate pricing. For some Team Accounts we may offer alternative pricing terms. These alternative terms are valid only if we previously agree to them in writing in a separate contract.
Accounts and licenses:
Paid Individual Accounts include a license that is valid for one person (associated with an email account). It may be used on several devices owned by that person.
Workspace Accounts are associated with a separate, cloud or on-prem hosted workspace, as specified on our pricing page (curiosity.ai/workspace/pricing) or as agreed in a separate contract. Each user in a license is valid for one person (associated with an email account). Licenses can be re-allocated to other email accounts. Shared accounts are not allowed.
Automatic billing. We’ll automatically bill you from the date you convert to a Paid Account and on each periodic renewal until cancellation. If you’re on an annual plan, we’ll send you a notice email reminding you that your plan is about to renew within a reasonable period of time prior to the renewal date. Some countries have mandatory local laws regarding your cancellation rights, and this paragraph doesn’t override these laws.
Third-Party Payment Processor. We use Stripe, a third-party payment processor, for payment processing. You can see Stripe’s legal terms here https://stripe.com/legal and their privacy policy here https://stripe.com/privacy. By using the Paid Services, you agree to pay for the Services using the payment method you selected via Stripe.
Manual invoicing. We do not accept manual invoicing or purchase orders except if we have previously agreed to do so in writing. In the case of manual invoicing, payment is due within 30 days. For late payment, we will charge interest from the due date at the highest rate permissible under applicable law.
Fees and taxes. You’re responsible for all applicable taxes, and we’ll charge tax when required to do so. You are also responsible for any fees, including fees associated with your payment issuer or exchange rates.
Cancellation. You may cancel your Paid Account at any time. Otherwise it will remain in effect and automatically renewed at the end of your subscription term, until it's cancelled or terminated under these Terms.
Price changes. We may change the fees in effect on renewal of your subscription, to reflect factors such as changes to our product offerings or in economic conditions. We’ll give you no less than 30 days’ advance notice of pricing changes via a message to the email address associated with your account and you’ll have the opportunity to cancel your subscription before the new fee comes into effect.
Separate contracts for professional services. For Organizations we may offer additional professional services (e.g. customization, consulting). The scope and price of these professional services are agreed and invoiced in separate contracts. Payment for services are due in 30 days net of any taxes and fees.
Late payment. If we don’t receive payments on time, we reserve the right to cancel your account and suspend or discontinue Services. You will remain liable for any due payments up to the time of cancellation.
Refunds. Refunds are only issued as required by law or if part of an offer from Curiosity, such as a money-back guarantee. If you believe you qualify for a refund, please contact us by email at hello@curiosity.ai.
Curiosity Workspaces
If you join a Curiosity Team Workspace (Managed Team Workspace or On-Premises Workspace), you must use it in compliance with your organization’s terms and policies.
Please note that Curiosity Team Workspaces are subject to your organization's control. Your administrators may be able to access, disclose, restrict, or remove information from your Workspace. They may also be able to restrict or terminate your access to a Workspace account.
For Managed Team Workspaces where we store your Your Data, we perform regular backups of the data. However, we do not guarantee there will be no loss or corruption of data copies stored by us. Alternative terms can be agreed in separate Service Level Agreements (SLAs).
For Managed Team Workspaces where we store your Your Data, we reserve the right to suspend or terminate your access to the Services if your payments are delayed by more than 30 days. We’ll provide you with reasonable advance notice via the email address associated with your account, and give you the opportunity to remedy the situation or export Your Data. If after such notice you fail to take the steps we ask of you, we will terminate or suspend your access to the Services and delete any copies of Your Information stored in the Service.
Termination
You’re free to stop using our Services at any time. We also reserve the right to suspend or terminate your access to the Services at our sole discretion at the end of a subscription period, unless otherwise previously agreed in writing.
We may also suspend or terminate your access to the Services within a billing period with notice if we reasonably believe:
you’re in breach of these Terms or the Acceptable Use Policy,
your use of the Services would cause a real risk of harm or loss to us or other users, or
you don’t have a Paid Account and haven't accessed our Services for 3 consecutive months.
We won’t provide notice or an opportunity to export Your Data before termination or suspension of access to the Services where we reasonably believe:
you’re in material breach of these Terms, which includes, but is not limited to, violating our Acceptable Use Policy,
doing so would cause us legal liability or compromise our ability to provide the Services to our other users, or
we're prohibited from doing so by law.
Once we suspend or terminate your access to the Services, you will not be able to access or export Your Data in Curiosity, although it may still be accessible in the data sources you connected. We do not provide refunds if we suspend or terminate your access to the Services, unless required by law.
Discontinuation of Services
We may decide to discontinue the Services at our sole discretion, unless we have previously agreed otherwise in writing.
If we discontinue Services for a Managed Team Workspace where we store Your Data, we’ll give you reasonable prior notice so that you can export Your Data from our Services, no less than 30 days’ notice where possible under the circumstances.
If we discontinue the Services in this way before the end of any fixed or minimum term you have paid us for, we’ll refund the portion of the fees you have pre-paid but haven't received Services for.
Services As-Is
We strive to provide great Services, but there are certain things that we can't guarantee. To the fullest extent permitted by law, Curiosity and its affiliates, suppliers and distributors make no warranties, either express or implied, about the services. The services are provided "As-Is." We also disclaim any warranties of merchantability, fitness for a particular purpose, and non-infringement.
Some places don’t allow the disclaimers in this paragraph, so they may not apply to you. For example, these disclaimers do not override the legal protections, including statutory warranties, granted to consumers by EU law.
We make every effort to keep Services available as much as possible. However, you acknowledge that services (websites, software, algorithms, support) can’t technically be available 100% of the time. In particular, maintenance, security or capacity issues, as well as events beyond our control may lead to disruptions or temporary disruption of Services.
Service Level Agreements (SLA) that supersede this “As-Is” can be agreed in separate contracts.
Limitation of Liability
We don’t exclude or limit our liability to you where would be illegal to do so—that includes any liability for Curiosity’s or its affiliates’ fraud or fraudulent misrepresentation in providing the services. In countries where the following types of exclusions aren’t allowed, we're responsible to you only for losses and damages that are a reasonably foreseeable result of our failure to use reasonable care and skill or our breach of our contract with you. This section doesn’t affect consumer rights that can't be waived or limited by any contract or agreement. If you are an EU or UK consumer, these terms do not exclude Curiosity’s liability for losses and damages that are a result of our failure to use reasonable care and skill in providing the services or of our breach of our contract with you, as long as those losses and damages are reasonably foreseeable.
In countries where exclusions or limitations of liability are allowed, Curiosity, its affiliates, suppliers or distributors won’t be liable for:
Any indirect, special, incidental, punitive, exemplary, or consequential damages, or
Any loss of use, data, business, or profits, regardless of legal theory.
These exclusions or limitations will apply regardless of whether or not Curiosity or any of its affiliates have been warned of the possibility of such damages.
If you use the services for any commercial, business, or re-sale purpose, Curiosity, its affiliates, suppliers or distributors will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. Curiosity and its affiliates aren’t responsible for the conduct, whether online or offline, of any user of the services.
Other than for the types of liability we cannot limit by law (as described in this section), we limit our liability to you to the greater of €40 EUR or 100% of any amount you've paid under your current service plan with Curiosity. This provision does not apply to EU consumers where prohibited by applicable law.
Advertising
By using or subscribing to our Services, you agree that we may disclose the fact of use or the customer relationship. You grant us the right to refer to you by name, and to use your organization’s name and logo in our sales and marketing activities - including but not limited to our website - until you stop using the Services and ask us to stop using the name and/or logo.
Resolving Disputes
Good faith. We undertake to operate in good faith with you. By accepting these terms, you agree to do the same with us.
Let’s Try to Sort Things Out First. We want to address your concerns without needing a formal legal case. Before filing a claim against Curiosity, you agree to try to resolve the dispute informally by sending us a written Notice of Dispute to hello@curiosity.ai that includes your name, a detailed description of the dispute, and the relief you seek. We’ll try to resolve the dispute informally by contacting you via email. If a dispute is not resolved within 60 days after submission, you or Curiosity may bring a formal proceeding. If you are a consumer residing in the EU, the European Commission provides for an online dispute resolution platform, which you can access here: https://ec.europa.eu/consumers/odr.
German law applies. The law of the Federal Republic of Germany applies exclusively to all claims arising from these Terms, to the exclusion of international private law. German copyright and data protection law also applies.
Judicial forum for disputes is Munich. Any judicial proceeding to resolve claims relating to these Terms or the Services will be brought in the District Court of Munich, Germany. Both you and Curiosity consent to venue and personal jurisdiction in such courts. If you reside in a country (for example, a member state of the European Union) with laws that give consumers the right to bring disputes in their local courts, this paragraph doesn’t affect those requirements.
Other
Waiver. Curiosity’s failure to enforce a provision is not a waiver of its right to do so later.
Severability. If a provision is found invalid or unenforceable, the remaining provisions of the Terms will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. The same applies to loopholes.
Assignment. You may not assign any of your rights under these Terms except with prior written consent by Curiosity, and any such attempt will be void. Curiosity may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services.
Entire agreement. These Terms constitute the entire agreement between you and Curiosity with respect to the Services, and supersede and replace any other prior or contemporaneous agreements, or terms and conditions applicable to the subject matter of these Terms.
Modifications
We may revise these Terms at any time. All renewals will be subject to the Terms in effect at the time of renewal. You can access the current version of the Terms at curiosity.ai/terms-of-service.
If a change affects your rights, we will inform you of the revision by email no less than 30 days prior to the new Terms effective date. If you don’t object to these changes within 14 days from the announcement of the changes, they become an effective part of the contract. If you object to the changes, we may terminate the existing contract with immediate effect within 14 days.
Changes to the Terms and any other agreements between you and us must be in writing. This also applies to the waiver of this formal requirement. The priority of the individual agreement according to § 305b BGB remains unaffected.
Curiosity General Terms and Conditions (Allgemeine Geschäftsbedingungen)
Thanks for using Curiosity! Our mission is to help you stay productive and focused by putting all your information at your fingertips. We do that by providing an intuitive, unified search and AI assistant.
These terms of service (“Terms”) cover your use and access to our services, client software and websites ("Services"). In addition, our Privacy Policy and Data Processing Addendum explains how we collect and use your information, while our Acceptable Use Policy outlines your responsibilities when using our Services. You can find additional information about how we keep your data safe in our Security Statement.
Scope of Terms
These General Terms and Conditions, or German “Allgemeine Geschäftsbedingugen” (”Terms ”) apply to all existing and future services of Curiosity GmbH (”us”). By using our Services, you’re agreeing to be bound by these Terms, our Privacy Policy, Data Processing Addendum, and Acceptable Use Policy.
“You” can access our Services either as an individual (”User”) or on behalf of an organization or a company (”Organization”). If you register for the Services on behalf of an Organization, you guarantee that (a) you have the authority to represent the Organization, and (b) and you accept Terms on behalf of the Organization.
These Terms apply exclusively and prevail over any other terms. Conflicting, deviating or supplementary terms and conditions of a User, an Organization, or a contractual partner, are not recognized by Curiosity, unless we have previously agreed to them in writing.
These Terms apply to natural persons and companies in the sense of § 310 I BGB (German Civil Code), as well as legal entities under public law and special funds under public law.
Our Services
Our Services include a Desktop App, Managed Team Workspaces, and On-Premises Workspaces.
The “Desktop App” includes a local software client downloadable from our website, and a browser plug-in. You can use a basic version of the Desktop App for free, and buy a subscription for a Professional version with additional features.
A “Managed Team Workspace” is a service offered to Organizations for shared search. It allows users working on behalf of the Organization to jointly search their data. In Managed Team Workspaces, the data is hosted on Curiosity infrastructure.
An “On-Premises Workspace” is a service offered to Organizations for shared search. It allows users working on behalf of the Organization to jointly search their data. For On-Premises Workspaces, you run a version of Curiosity search on your infrastructure. On-Premises Workspaces also include additional options for customisation.
Subject to these Terms, we grant you a limited, non-exclusive, non-transferable right to access and use our software products and any necessary customization ("Services"). The Services may only be used for internal business purposes or personal purposes, unless we have previously agreed otherwise in writing.
Your Data and Permissions
When you use our Services, you may provide us with things like your files, content, messages, contacts, and so on (“Your Data”). Your Data is yours. These Terms don’t give us any rights to Your Data except for the limited rights that enable us to offer the Services.
You need to register for an account to access the Services, and we may create an account for you so that you can interact with the Services. You must provide accurate information in your account.
If you use a Managed Teams Workspace, we need your permission to do things like hosting Your Data and backing it up. The Services may also provide you with features like commenting, sharing, searching, image thumbnails, document previews, Optical Character Recognition, Speech-To-Text, and Natural Language Processing. To provide these and other features, Curiosity may access, store, and scan Your Data. You give us permission to do those things with the sole purpose of providing the Services, and this permission extends to our affiliates and trusted third parties we work with.
Confidentiality
We undertake to treat any information provided by you confidentially, and to use it for the sole purpose of providing or improving the Services, unless otherwise required by law.
We don’t have any access to any of the data you connect to the Services (Desktop App, Managed Team Workspace, On-Premises Team Workspace), unless we have previously agreed otherwise with you in writing (e.g. in connection with services for setup, training, or customizations).
We work with trusted third parties (”Subprocessors”) to provide the Services. You can see an overview of our Subprocessors and their privacy statements under curiosity.ai/subprocessors. We check subprocessors carefully before selecting them, but we do not take responsibility for their actions.
Additional confidentiality terms apply only if we have previously agreed to them in writing in non-disclosure agreements (NDAs).
Your Responsibilities
Your use of our Services must comply with these Terms and our Acceptable Use Policy, and we may review your conduct for compliance.
You agree to provide accurate account information, and accurate billing information for Paid Accounts.
You are responsible for safeguarding your password to the Services. Don’t share your account credentials or give others access to your account.
You may use our Services only as permitted by applicable law, including export control laws and regulations. In particular, your use of the Services must comply with the data protection principles of the Federal Republic of Germany.
To use our Services, you must be at least 13 if you reside in the United States, and 16 if you reside anywhere else. If the law where you reside requires that you must be older in order for Curiosity to lawfully provide the Services to you without parental consent (including use of your personal data), then you must be that older age.
You are liable for all legal violations and claims that arise in connection with illegal use of the Services by you.
Software
As part of our Services - especially the Desktop App - you can download client software (“Software”) which may update automatically. So long as you comply with these Terms, we give you a limited, nonexclusive, nontransferable, revocable license to use the Software, solely to access the Services.
To the extent any component of the Software may be offered under an open source license, we’ll make that license available to you and the provisions of that license may expressly override some of these Terms. Unless the following restrictions are prohibited by law, you agree not to reverse engineer or decompile the Services, attempt to do so, or assist anyone in doing so.
Additional Features
Trials and Betas. Sometimes we may give you access to free trials or beta versions of the Services (”Trials and Betas”). We provide Trials and Betas “as-is”, without any warranty, compensation, guarantees, or support services. They may be terminated at any time for any reason. Our liability from Trials and Betas does not exceed 40€.The obligations from § 312i para 1 p. 1 no. 1 to no. 3 and p. 2 BGB do not apply.
Additional Features. From time to time, we may add additional features to enhance the Services at no additional charge. However, these free features may be withdrawn without further notice.
Third-Party Features. The Services may give you the option to use third-party features and integrations. Curiosity does not own or operate any such features or integrations. If you access or use any third-party features or integrations, you are responsible for this access and use, and Curiosity is not responsible for any act or omission of the third party or the availability, accuracy, the related content, products or services of third parties. This applies especially to “Third Party Search” and “AI Assistant” features.
Generative AI
Terms. Some features of the Service - in particular the “AI Assistant” - let you provide prompts and other input in order to receive output generated by “artificial intelligence” (AI). By default. these features use services from OpenAI. While using these features, you agree to comply with the OpenAI Terms of Use (https://openai.com/policies/terms-of-use), and privacy policy (https://openai.com/enterprise-privacy) and any other terms applicable to the OpenAI APIs.
Ownership and responsibility. Between you and us, you own all input and output, provided you comply with all applicable Terms. You are responsible for all input and output, including for ensuring that it does not violate any applicable laws or Terms.
Similar of output. Automatically generated content can be similar for different users. You acknowledge that similar output generated for other users does not belong to you, and agree not to make liable other users or us for violation of intellectual property rights related to the similar output they have received.
Limitations of AI. Automatically generated output may sometimes not accurately reflect real people, places or facts. It can sometimes also be emotionally inappropriate, biased, poorly reasoned, or completely wrong. You agree that you understand the limitations of AI-generated output, and that you will evaluate the accuracy of any output and be responsible for any further use of it.
Our Intellectual Property
The Services are protected by copyright, trademark, and other laws. These Terms don’t grant you any right, title, or interest in the Services, others’ content in the Services, Curiosity trademarks, logos and other brand features. We welcome feedback, but note that we may use comments or suggestions without any obligation to you.
Copyright
We respect the intellectual property of others and ask that you do too. We respond to notices of alleged copyright infringement if they comply with the law, and such notices should be reported to us by email at hello@curiosity.ai. We reserve the right to review cases reported to us and suspend or discontinue Services of repeat infringers.
Paid Accounts
Paid Accounts. You can unlock paid features for your account by turning your account into a “Paid Account”. We offer two types of Paid accounts: App Subscriptions and Workspaces. Pricing for App Subscriptions can be found on our pricing page at curiosity.ai/pricing, while pricing for the Workspaces can be found at curiosity.ai/workspace/pricing.
Corporate pricing. For some Team Accounts we may offer alternative pricing terms. These alternative terms are valid only if we previously agree to them in writing in a separate contract.
Accounts and licenses:
Paid Individual Accounts include a license that is valid for one person (associated with an email account). It may be used on several devices owned by that person.
Workspace Accounts are associated with a separate, cloud or on-prem hosted workspace, as specified on our pricing page (curiosity.ai/workspace/pricing) or as agreed in a separate contract. Each user in a license is valid for one person (associated with an email account). Licenses can be re-allocated to other email accounts. Shared accounts are not allowed.
Automatic billing. We’ll automatically bill you from the date you convert to a Paid Account and on each periodic renewal until cancellation. If you’re on an annual plan, we’ll send you a notice email reminding you that your plan is about to renew within a reasonable period of time prior to the renewal date. Some countries have mandatory local laws regarding your cancellation rights, and this paragraph doesn’t override these laws.
Third-Party Payment Processor. We use Stripe, a third-party payment processor, for payment processing. You can see Stripe’s legal terms here https://stripe.com/legal and their privacy policy here https://stripe.com/privacy. By using the Paid Services, you agree to pay for the Services using the payment method you selected via Stripe.
Manual invoicing. We do not accept manual invoicing or purchase orders except if we have previously agreed to do so in writing. In the case of manual invoicing, payment is due within 30 days. For late payment, we will charge interest from the due date at the highest rate permissible under applicable law.
Fees and taxes. You’re responsible for all applicable taxes, and we’ll charge tax when required to do so. You are also responsible for any fees, including fees associated with your payment issuer or exchange rates.
Cancellation. You may cancel your Paid Account at any time. Otherwise it will remain in effect and automatically renewed at the end of your subscription term, until it's cancelled or terminated under these Terms.
Price changes. We may change the fees in effect on renewal of your subscription, to reflect factors such as changes to our product offerings or in economic conditions. We’ll give you no less than 30 days’ advance notice of pricing changes via a message to the email address associated with your account and you’ll have the opportunity to cancel your subscription before the new fee comes into effect.
Separate contracts for professional services. For Organizations we may offer additional professional services (e.g. customization, consulting). The scope and price of these professional services are agreed and invoiced in separate contracts. Payment for services are due in 30 days net of any taxes and fees.
Late payment. If we don’t receive payments on time, we reserve the right to cancel your account and suspend or discontinue Services. You will remain liable for any due payments up to the time of cancellation.
Refunds. Refunds are only issued as required by law or if part of an offer from Curiosity, such as a money-back guarantee. If you believe you qualify for a refund, please contact us by email at hello@curiosity.ai.
Curiosity Workspaces
If you join a Curiosity Team Workspace (Managed Team Workspace or On-Premises Workspace), you must use it in compliance with your organization’s terms and policies.
Please note that Curiosity Team Workspaces are subject to your organization's control. Your administrators may be able to access, disclose, restrict, or remove information from your Workspace. They may also be able to restrict or terminate your access to a Workspace account.
For Managed Team Workspaces where we store your Your Data, we perform regular backups of the data. However, we do not guarantee there will be no loss or corruption of data copies stored by us. Alternative terms can be agreed in separate Service Level Agreements (SLAs).
For Managed Team Workspaces where we store your Your Data, we reserve the right to suspend or terminate your access to the Services if your payments are delayed by more than 30 days. We’ll provide you with reasonable advance notice via the email address associated with your account, and give you the opportunity to remedy the situation or export Your Data. If after such notice you fail to take the steps we ask of you, we will terminate or suspend your access to the Services and delete any copies of Your Information stored in the Service.
Termination
You’re free to stop using our Services at any time. We also reserve the right to suspend or terminate your access to the Services at our sole discretion at the end of a subscription period, unless otherwise previously agreed in writing.
We may also suspend or terminate your access to the Services within a billing period with notice if we reasonably believe:
you’re in breach of these Terms or the Acceptable Use Policy,
your use of the Services would cause a real risk of harm or loss to us or other users, or
you don’t have a Paid Account and haven't accessed our Services for 3 consecutive months.
We won’t provide notice or an opportunity to export Your Data before termination or suspension of access to the Services where we reasonably believe:
you’re in material breach of these Terms, which includes, but is not limited to, violating our Acceptable Use Policy,
doing so would cause us legal liability or compromise our ability to provide the Services to our other users, or
we're prohibited from doing so by law.
Once we suspend or terminate your access to the Services, you will not be able to access or export Your Data in Curiosity, although it may still be accessible in the data sources you connected. We do not provide refunds if we suspend or terminate your access to the Services, unless required by law.
Discontinuation of Services
We may decide to discontinue the Services at our sole discretion, unless we have previously agreed otherwise in writing.
If we discontinue Services for a Managed Team Workspace where we store Your Data, we’ll give you reasonable prior notice so that you can export Your Data from our Services, no less than 30 days’ notice where possible under the circumstances.
If we discontinue the Services in this way before the end of any fixed or minimum term you have paid us for, we’ll refund the portion of the fees you have pre-paid but haven't received Services for.
Services As-Is
We strive to provide great Services, but there are certain things that we can't guarantee. To the fullest extent permitted by law, Curiosity and its affiliates, suppliers and distributors make no warranties, either express or implied, about the services. The services are provided "As-Is." We also disclaim any warranties of merchantability, fitness for a particular purpose, and non-infringement.
Some places don’t allow the disclaimers in this paragraph, so they may not apply to you. For example, these disclaimers do not override the legal protections, including statutory warranties, granted to consumers by EU law.
We make every effort to keep Services available as much as possible. However, you acknowledge that services (websites, software, algorithms, support) can’t technically be available 100% of the time. In particular, maintenance, security or capacity issues, as well as events beyond our control may lead to disruptions or temporary disruption of Services.
Service Level Agreements (SLA) that supersede this “As-Is” can be agreed in separate contracts.
Limitation of Liability
We don’t exclude or limit our liability to you where would be illegal to do so—that includes any liability for Curiosity’s or its affiliates’ fraud or fraudulent misrepresentation in providing the services. In countries where the following types of exclusions aren’t allowed, we're responsible to you only for losses and damages that are a reasonably foreseeable result of our failure to use reasonable care and skill or our breach of our contract with you. This section doesn’t affect consumer rights that can't be waived or limited by any contract or agreement. If you are an EU or UK consumer, these terms do not exclude Curiosity’s liability for losses and damages that are a result of our failure to use reasonable care and skill in providing the services or of our breach of our contract with you, as long as those losses and damages are reasonably foreseeable.
In countries where exclusions or limitations of liability are allowed, Curiosity, its affiliates, suppliers or distributors won’t be liable for:
Any indirect, special, incidental, punitive, exemplary, or consequential damages, or
Any loss of use, data, business, or profits, regardless of legal theory.
These exclusions or limitations will apply regardless of whether or not Curiosity or any of its affiliates have been warned of the possibility of such damages.
If you use the services for any commercial, business, or re-sale purpose, Curiosity, its affiliates, suppliers or distributors will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. Curiosity and its affiliates aren’t responsible for the conduct, whether online or offline, of any user of the services.
Other than for the types of liability we cannot limit by law (as described in this section), we limit our liability to you to the greater of €40 EUR or 100% of any amount you've paid under your current service plan with Curiosity. This provision does not apply to EU consumers where prohibited by applicable law.
Advertising
By using or subscribing to our Services, you agree that we may disclose the fact of use or the customer relationship. You grant us the right to refer to you by name, and to use your organization’s name and logo in our sales and marketing activities - including but not limited to our website - until you stop using the Services and ask us to stop using the name and/or logo.
Resolving Disputes
Good faith. We undertake to operate in good faith with you. By accepting these terms, you agree to do the same with us.
Let’s Try to Sort Things Out First. We want to address your concerns without needing a formal legal case. Before filing a claim against Curiosity, you agree to try to resolve the dispute informally by sending us a written Notice of Dispute to hello@curiosity.ai that includes your name, a detailed description of the dispute, and the relief you seek. We’ll try to resolve the dispute informally by contacting you via email. If a dispute is not resolved within 60 days after submission, you or Curiosity may bring a formal proceeding. If you are a consumer residing in the EU, the European Commission provides for an online dispute resolution platform, which you can access here: https://ec.europa.eu/consumers/odr.
German law applies. The law of the Federal Republic of Germany applies exclusively to all claims arising from these Terms, to the exclusion of international private law. German copyright and data protection law also applies.
Judicial forum for disputes is Munich. Any judicial proceeding to resolve claims relating to these Terms or the Services will be brought in the District Court of Munich, Germany. Both you and Curiosity consent to venue and personal jurisdiction in such courts. If you reside in a country (for example, a member state of the European Union) with laws that give consumers the right to bring disputes in their local courts, this paragraph doesn’t affect those requirements.
Other
Waiver. Curiosity’s failure to enforce a provision is not a waiver of its right to do so later.
Severability. If a provision is found invalid or unenforceable, the remaining provisions of the Terms will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. The same applies to loopholes.
Assignment. You may not assign any of your rights under these Terms except with prior written consent by Curiosity, and any such attempt will be void. Curiosity may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services.
Entire agreement. These Terms constitute the entire agreement between you and Curiosity with respect to the Services, and supersede and replace any other prior or contemporaneous agreements, or terms and conditions applicable to the subject matter of these Terms.
Modifications
We may revise these Terms at any time. All renewals will be subject to the Terms in effect at the time of renewal. You can access the current version of the Terms at curiosity.ai/terms-of-service.
If a change affects your rights, we will inform you of the revision by email no less than 30 days prior to the new Terms effective date. If you don’t object to these changes within 14 days from the announcement of the changes, they become an effective part of the contract. If you object to the changes, we may terminate the existing contract with immediate effect within 14 days.
Changes to the Terms and any other agreements between you and us must be in writing. This also applies to the waiver of this formal requirement. The priority of the individual agreement according to § 305b BGB remains unaffected.
Curiosity General Terms and Conditions (Allgemeine Geschäftsbedingungen)
Thanks for using Curiosity! Our mission is to help you stay productive and focused by putting all your information at your fingertips. We do that by providing an intuitive, unified search and AI assistant.
These terms of service (“Terms”) cover your use and access to our services, client software and websites ("Services"). In addition, our Privacy Policy and Data Processing Addendum explains how we collect and use your information, while our Acceptable Use Policy outlines your responsibilities when using our Services. You can find additional information about how we keep your data safe in our Security Statement.
Scope of Terms
These General Terms and Conditions, or German “Allgemeine Geschäftsbedingugen” (”Terms ”) apply to all existing and future services of Curiosity GmbH (”us”). By using our Services, you’re agreeing to be bound by these Terms, our Privacy Policy, Data Processing Addendum, and Acceptable Use Policy.
“You” can access our Services either as an individual (”User”) or on behalf of an organization or a company (”Organization”). If you register for the Services on behalf of an Organization, you guarantee that (a) you have the authority to represent the Organization, and (b) and you accept Terms on behalf of the Organization.
These Terms apply exclusively and prevail over any other terms. Conflicting, deviating or supplementary terms and conditions of a User, an Organization, or a contractual partner, are not recognized by Curiosity, unless we have previously agreed to them in writing.
These Terms apply to natural persons and companies in the sense of § 310 I BGB (German Civil Code), as well as legal entities under public law and special funds under public law.
Our Services
Our Services include a Desktop App, Managed Team Workspaces, and On-Premises Workspaces.
The “Desktop App” includes a local software client downloadable from our website, and a browser plug-in. You can use a basic version of the Desktop App for free, and buy a subscription for a Professional version with additional features.
A “Managed Team Workspace” is a service offered to Organizations for shared search. It allows users working on behalf of the Organization to jointly search their data. In Managed Team Workspaces, the data is hosted on Curiosity infrastructure.
An “On-Premises Workspace” is a service offered to Organizations for shared search. It allows users working on behalf of the Organization to jointly search their data. For On-Premises Workspaces, you run a version of Curiosity search on your infrastructure. On-Premises Workspaces also include additional options for customisation.
Subject to these Terms, we grant you a limited, non-exclusive, non-transferable right to access and use our software products and any necessary customization ("Services"). The Services may only be used for internal business purposes or personal purposes, unless we have previously agreed otherwise in writing.
Your Data and Permissions
When you use our Services, you may provide us with things like your files, content, messages, contacts, and so on (“Your Data”). Your Data is yours. These Terms don’t give us any rights to Your Data except for the limited rights that enable us to offer the Services.
You need to register for an account to access the Services, and we may create an account for you so that you can interact with the Services. You must provide accurate information in your account.
If you use a Managed Teams Workspace, we need your permission to do things like hosting Your Data and backing it up. The Services may also provide you with features like commenting, sharing, searching, image thumbnails, document previews, Optical Character Recognition, Speech-To-Text, and Natural Language Processing. To provide these and other features, Curiosity may access, store, and scan Your Data. You give us permission to do those things with the sole purpose of providing the Services, and this permission extends to our affiliates and trusted third parties we work with.
Confidentiality
We undertake to treat any information provided by you confidentially, and to use it for the sole purpose of providing or improving the Services, unless otherwise required by law.
We don’t have any access to any of the data you connect to the Services (Desktop App, Managed Team Workspace, On-Premises Team Workspace), unless we have previously agreed otherwise with you in writing (e.g. in connection with services for setup, training, or customizations).
We work with trusted third parties (”Subprocessors”) to provide the Services. You can see an overview of our Subprocessors and their privacy statements under curiosity.ai/subprocessors. We check subprocessors carefully before selecting them, but we do not take responsibility for their actions.
Additional confidentiality terms apply only if we have previously agreed to them in writing in non-disclosure agreements (NDAs).
Your Responsibilities
Your use of our Services must comply with these Terms and our Acceptable Use Policy, and we may review your conduct for compliance.
You agree to provide accurate account information, and accurate billing information for Paid Accounts.
You are responsible for safeguarding your password to the Services. Don’t share your account credentials or give others access to your account.
You may use our Services only as permitted by applicable law, including export control laws and regulations. In particular, your use of the Services must comply with the data protection principles of the Federal Republic of Germany.
To use our Services, you must be at least 13 if you reside in the United States, and 16 if you reside anywhere else. If the law where you reside requires that you must be older in order for Curiosity to lawfully provide the Services to you without parental consent (including use of your personal data), then you must be that older age.
You are liable for all legal violations and claims that arise in connection with illegal use of the Services by you.
Software
As part of our Services - especially the Desktop App - you can download client software (“Software”) which may update automatically. So long as you comply with these Terms, we give you a limited, nonexclusive, nontransferable, revocable license to use the Software, solely to access the Services.
To the extent any component of the Software may be offered under an open source license, we’ll make that license available to you and the provisions of that license may expressly override some of these Terms. Unless the following restrictions are prohibited by law, you agree not to reverse engineer or decompile the Services, attempt to do so, or assist anyone in doing so.
Additional Features
Trials and Betas. Sometimes we may give you access to free trials or beta versions of the Services (”Trials and Betas”). We provide Trials and Betas “as-is”, without any warranty, compensation, guarantees, or support services. They may be terminated at any time for any reason. Our liability from Trials and Betas does not exceed 40€.The obligations from § 312i para 1 p. 1 no. 1 to no. 3 and p. 2 BGB do not apply.
Additional Features. From time to time, we may add additional features to enhance the Services at no additional charge. However, these free features may be withdrawn without further notice.
Third-Party Features. The Services may give you the option to use third-party features and integrations. Curiosity does not own or operate any such features or integrations. If you access or use any third-party features or integrations, you are responsible for this access and use, and Curiosity is not responsible for any act or omission of the third party or the availability, accuracy, the related content, products or services of third parties. This applies especially to “Third Party Search” and “AI Assistant” features.
Generative AI
Terms. Some features of the Service - in particular the “AI Assistant” - let you provide prompts and other input in order to receive output generated by “artificial intelligence” (AI). By default. these features use services from OpenAI. While using these features, you agree to comply with the OpenAI Terms of Use (https://openai.com/policies/terms-of-use), and privacy policy (https://openai.com/enterprise-privacy) and any other terms applicable to the OpenAI APIs.
Ownership and responsibility. Between you and us, you own all input and output, provided you comply with all applicable Terms. You are responsible for all input and output, including for ensuring that it does not violate any applicable laws or Terms.
Similar of output. Automatically generated content can be similar for different users. You acknowledge that similar output generated for other users does not belong to you, and agree not to make liable other users or us for violation of intellectual property rights related to the similar output they have received.
Limitations of AI. Automatically generated output may sometimes not accurately reflect real people, places or facts. It can sometimes also be emotionally inappropriate, biased, poorly reasoned, or completely wrong. You agree that you understand the limitations of AI-generated output, and that you will evaluate the accuracy of any output and be responsible for any further use of it.
Our Intellectual Property
The Services are protected by copyright, trademark, and other laws. These Terms don’t grant you any right, title, or interest in the Services, others’ content in the Services, Curiosity trademarks, logos and other brand features. We welcome feedback, but note that we may use comments or suggestions without any obligation to you.
Copyright
We respect the intellectual property of others and ask that you do too. We respond to notices of alleged copyright infringement if they comply with the law, and such notices should be reported to us by email at hello@curiosity.ai. We reserve the right to review cases reported to us and suspend or discontinue Services of repeat infringers.
Paid Accounts
Paid Accounts. You can unlock paid features for your account by turning your account into a “Paid Account”. We offer two types of Paid accounts: App Subscriptions and Workspaces. Pricing for App Subscriptions can be found on our pricing page at curiosity.ai/pricing, while pricing for the Workspaces can be found at curiosity.ai/workspace/pricing.
Corporate pricing. For some Team Accounts we may offer alternative pricing terms. These alternative terms are valid only if we previously agree to them in writing in a separate contract.
Accounts and licenses:
Paid Individual Accounts include a license that is valid for one person (associated with an email account). It may be used on several devices owned by that person.
Workspace Accounts are associated with a separate, cloud or on-prem hosted workspace, as specified on our pricing page (curiosity.ai/workspace/pricing) or as agreed in a separate contract. Each user in a license is valid for one person (associated with an email account). Licenses can be re-allocated to other email accounts. Shared accounts are not allowed.
Automatic billing. We’ll automatically bill you from the date you convert to a Paid Account and on each periodic renewal until cancellation. If you’re on an annual plan, we’ll send you a notice email reminding you that your plan is about to renew within a reasonable period of time prior to the renewal date. Some countries have mandatory local laws regarding your cancellation rights, and this paragraph doesn’t override these laws.
Third-Party Payment Processor. We use Stripe, a third-party payment processor, for payment processing. You can see Stripe’s legal terms here https://stripe.com/legal and their privacy policy here https://stripe.com/privacy. By using the Paid Services, you agree to pay for the Services using the payment method you selected via Stripe.
Manual invoicing. We do not accept manual invoicing or purchase orders except if we have previously agreed to do so in writing. In the case of manual invoicing, payment is due within 30 days. For late payment, we will charge interest from the due date at the highest rate permissible under applicable law.
Fees and taxes. You’re responsible for all applicable taxes, and we’ll charge tax when required to do so. You are also responsible for any fees, including fees associated with your payment issuer or exchange rates.
Cancellation. You may cancel your Paid Account at any time. Otherwise it will remain in effect and automatically renewed at the end of your subscription term, until it's cancelled or terminated under these Terms.
Price changes. We may change the fees in effect on renewal of your subscription, to reflect factors such as changes to our product offerings or in economic conditions. We’ll give you no less than 30 days’ advance notice of pricing changes via a message to the email address associated with your account and you’ll have the opportunity to cancel your subscription before the new fee comes into effect.
Separate contracts for professional services. For Organizations we may offer additional professional services (e.g. customization, consulting). The scope and price of these professional services are agreed and invoiced in separate contracts. Payment for services are due in 30 days net of any taxes and fees.
Late payment. If we don’t receive payments on time, we reserve the right to cancel your account and suspend or discontinue Services. You will remain liable for any due payments up to the time of cancellation.
Refunds. Refunds are only issued as required by law or if part of an offer from Curiosity, such as a money-back guarantee. If you believe you qualify for a refund, please contact us by email at hello@curiosity.ai.
Curiosity Workspaces
If you join a Curiosity Team Workspace (Managed Team Workspace or On-Premises Workspace), you must use it in compliance with your organization’s terms and policies.
Please note that Curiosity Team Workspaces are subject to your organization's control. Your administrators may be able to access, disclose, restrict, or remove information from your Workspace. They may also be able to restrict or terminate your access to a Workspace account.
For Managed Team Workspaces where we store your Your Data, we perform regular backups of the data. However, we do not guarantee there will be no loss or corruption of data copies stored by us. Alternative terms can be agreed in separate Service Level Agreements (SLAs).
For Managed Team Workspaces where we store your Your Data, we reserve the right to suspend or terminate your access to the Services if your payments are delayed by more than 30 days. We’ll provide you with reasonable advance notice via the email address associated with your account, and give you the opportunity to remedy the situation or export Your Data. If after such notice you fail to take the steps we ask of you, we will terminate or suspend your access to the Services and delete any copies of Your Information stored in the Service.
Termination
You’re free to stop using our Services at any time. We also reserve the right to suspend or terminate your access to the Services at our sole discretion at the end of a subscription period, unless otherwise previously agreed in writing.
We may also suspend or terminate your access to the Services within a billing period with notice if we reasonably believe:
you’re in breach of these Terms or the Acceptable Use Policy,
your use of the Services would cause a real risk of harm or loss to us or other users, or
you don’t have a Paid Account and haven't accessed our Services for 3 consecutive months.
We won’t provide notice or an opportunity to export Your Data before termination or suspension of access to the Services where we reasonably believe:
you’re in material breach of these Terms, which includes, but is not limited to, violating our Acceptable Use Policy,
doing so would cause us legal liability or compromise our ability to provide the Services to our other users, or
we're prohibited from doing so by law.
Once we suspend or terminate your access to the Services, you will not be able to access or export Your Data in Curiosity, although it may still be accessible in the data sources you connected. We do not provide refunds if we suspend or terminate your access to the Services, unless required by law.
Discontinuation of Services
We may decide to discontinue the Services at our sole discretion, unless we have previously agreed otherwise in writing.
If we discontinue Services for a Managed Team Workspace where we store Your Data, we’ll give you reasonable prior notice so that you can export Your Data from our Services, no less than 30 days’ notice where possible under the circumstances.
If we discontinue the Services in this way before the end of any fixed or minimum term you have paid us for, we’ll refund the portion of the fees you have pre-paid but haven't received Services for.
Services As-Is
We strive to provide great Services, but there are certain things that we can't guarantee. To the fullest extent permitted by law, Curiosity and its affiliates, suppliers and distributors make no warranties, either express or implied, about the services. The services are provided "As-Is." We also disclaim any warranties of merchantability, fitness for a particular purpose, and non-infringement.
Some places don’t allow the disclaimers in this paragraph, so they may not apply to you. For example, these disclaimers do not override the legal protections, including statutory warranties, granted to consumers by EU law.
We make every effort to keep Services available as much as possible. However, you acknowledge that services (websites, software, algorithms, support) can’t technically be available 100% of the time. In particular, maintenance, security or capacity issues, as well as events beyond our control may lead to disruptions or temporary disruption of Services.
Service Level Agreements (SLA) that supersede this “As-Is” can be agreed in separate contracts.
Limitation of Liability
We don’t exclude or limit our liability to you where would be illegal to do so—that includes any liability for Curiosity’s or its affiliates’ fraud or fraudulent misrepresentation in providing the services. In countries where the following types of exclusions aren’t allowed, we're responsible to you only for losses and damages that are a reasonably foreseeable result of our failure to use reasonable care and skill or our breach of our contract with you. This section doesn’t affect consumer rights that can't be waived or limited by any contract or agreement. If you are an EU or UK consumer, these terms do not exclude Curiosity’s liability for losses and damages that are a result of our failure to use reasonable care and skill in providing the services or of our breach of our contract with you, as long as those losses and damages are reasonably foreseeable.
In countries where exclusions or limitations of liability are allowed, Curiosity, its affiliates, suppliers or distributors won’t be liable for:
Any indirect, special, incidental, punitive, exemplary, or consequential damages, or
Any loss of use, data, business, or profits, regardless of legal theory.
These exclusions or limitations will apply regardless of whether or not Curiosity or any of its affiliates have been warned of the possibility of such damages.
If you use the services for any commercial, business, or re-sale purpose, Curiosity, its affiliates, suppliers or distributors will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. Curiosity and its affiliates aren’t responsible for the conduct, whether online or offline, of any user of the services.
Other than for the types of liability we cannot limit by law (as described in this section), we limit our liability to you to the greater of €40 EUR or 100% of any amount you've paid under your current service plan with Curiosity. This provision does not apply to EU consumers where prohibited by applicable law.
Advertising
By using or subscribing to our Services, you agree that we may disclose the fact of use or the customer relationship. You grant us the right to refer to you by name, and to use your organization’s name and logo in our sales and marketing activities - including but not limited to our website - until you stop using the Services and ask us to stop using the name and/or logo.
Resolving Disputes
Good faith. We undertake to operate in good faith with you. By accepting these terms, you agree to do the same with us.
Let’s Try to Sort Things Out First. We want to address your concerns without needing a formal legal case. Before filing a claim against Curiosity, you agree to try to resolve the dispute informally by sending us a written Notice of Dispute to hello@curiosity.ai that includes your name, a detailed description of the dispute, and the relief you seek. We’ll try to resolve the dispute informally by contacting you via email. If a dispute is not resolved within 60 days after submission, you or Curiosity may bring a formal proceeding. If you are a consumer residing in the EU, the European Commission provides for an online dispute resolution platform, which you can access here: https://ec.europa.eu/consumers/odr.
German law applies. The law of the Federal Republic of Germany applies exclusively to all claims arising from these Terms, to the exclusion of international private law. German copyright and data protection law also applies.
Judicial forum for disputes is Munich. Any judicial proceeding to resolve claims relating to these Terms or the Services will be brought in the District Court of Munich, Germany. Both you and Curiosity consent to venue and personal jurisdiction in such courts. If you reside in a country (for example, a member state of the European Union) with laws that give consumers the right to bring disputes in their local courts, this paragraph doesn’t affect those requirements.
Other
Waiver. Curiosity’s failure to enforce a provision is not a waiver of its right to do so later.
Severability. If a provision is found invalid or unenforceable, the remaining provisions of the Terms will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. The same applies to loopholes.
Assignment. You may not assign any of your rights under these Terms except with prior written consent by Curiosity, and any such attempt will be void. Curiosity may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services.
Entire agreement. These Terms constitute the entire agreement between you and Curiosity with respect to the Services, and supersede and replace any other prior or contemporaneous agreements, or terms and conditions applicable to the subject matter of these Terms.
Modifications
We may revise these Terms at any time. All renewals will be subject to the Terms in effect at the time of renewal. You can access the current version of the Terms at curiosity.ai/terms-of-service.
If a change affects your rights, we will inform you of the revision by email no less than 30 days prior to the new Terms effective date. If you don’t object to these changes within 14 days from the announcement of the changes, they become an effective part of the contract. If you object to the changes, we may terminate the existing contract with immediate effect within 14 days.
Changes to the Terms and any other agreements between you and us must be in writing. This also applies to the waiver of this formal requirement. The priority of the individual agreement according to § 305b BGB remains unaffected.