Version 1.0 • Last updated: 1/1/2024
Welcome to CurioKeep ("Company", "we", "our", "us")! These Terms of Service ("Terms", "Terms of Service") govern your use of our website and application located at curiokeep.app (together or individually "Service") operated by CurioKeep.
Your agreement with us includes these Terms and our Privacy Policy ("Agreements"). You acknowledge that you have read and understood Agreements and agree to be bound by them.
If you do not agree with (or cannot comply with) Agreements, then you may not use the Service. These Terms apply to all visitors, users, and others who wish to access or use Service.
This application is intended for use by adults 18 years of age or older. By using this service, you represent and warrant that you are at least eighteen (18) years of age and have the full authority, right, and capacity to enter into this agreement and abide by all of the terms and conditions of these Terms.
If you are not at least eighteen (18) years old, you are strictly prohibited from both accessing and using the Service. We do not knowingly collect, use, or disclose personal information from children under 13 years of age in violation of the Children's Online Privacy Protection Act (COPPA).
Parental Consent for Minor Data: This application allows adult users to track information about their loved ones, including minors. We only process data regarding minors that is explicitly provided by their parent or legal guardian for the purpose of family memory keeping and gift tracking. The parent or legal guardian must be the account holder and is solely responsible for all data entered about minors. By entering information about a minor, you represent that you are the parent or legal guardian of that minor and have the authority to provide such information.
If you are a parent or guardian and believe your child under 18 has directly provided us with personal information without your consent, please contact us immediately so we may delete such information.
When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on Service.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service.
You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You retain ownership of any content, data, or information you upload, store, or create through the Service ("User Content"). By using the Service, you grant us a license to use, store, and process your User Content solely for the purpose of providing and improving the Service.
You are solely responsible for your User Content and warrant that you have all necessary rights to upload and use such content. We reserve the right to remove any User Content that violates these Terms or is otherwise objectionable.
Data Storage and Processing: Your data is stored and processed using the following third-party services ("Subprocessors"):
All Subprocessors are contractually obligated to protect your data and comply with applicable data protection laws. We maintain a list of all Subprocessors and will notify you of any material changes.
You have the right to request deletion of your account and all associated data at any time. This right applies regardless of your location, including under the General Data Protection Regulation (GDPR) for European users and the California Consumer Privacy Act (CCPA) for California residents.
To exercise this right, you may use the "Delete Account" feature in your account settings, or contact us through the Service. Upon receiving a valid request, we will immediately and permanently delete:
Deletion will be completed within 30 days of your request, and we will confirm deletion in writing. Please note that some information may remain in our backup systems for a limited period (up to 90 days) due to technical constraints, after which it will be permanently deleted.
We may be required to retain certain information to comply with legal obligations, resolve disputes, or enforce our agreements. However, such retained information will be limited to what is legally necessary and will not be used for any other purpose.
After account deletion, you will not be able to recover any of your data. This action is irreversible.
You may use Service only for lawful purposes and in accordance with Terms. You agree not to use Service:
Service and its original content (excluding Content provided by users), features, and functionality are and will remain the exclusive property of CurioKeep and its licensors. Service is protected by copyright, trademark, and other laws. Our trademarks may not be used in connection with any product or service without the prior written consent of CurioKeep.
Disclaimer of Warranties: The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance.
In no event shall CurioKeep, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from your use or inability to use Service.
You agree to defend, indemnify, and hold harmless CurioKeep and its licensee and licensors, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password; b) a breach of these Terms, or c) Content posted on the Service.
We may terminate or suspend your account and bar access to Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of Terms.
Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service or contact us to request account deletion.
We reserve the right to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.
Biometric Information: We do not collect, store, or process biometric identifiers such as voiceprints, facial geometry, fingerprints, or other biometric data for identification purposes.
Voice/Audio Processing: If you upload audio files (voice notes), we use such audio solely for transcription purposes (converting speech to text). We do not analyze audio to identify speakers, create voiceprints, or perform voice recognition. Audio files are stored only for your playback and transcription purposes.
No Biometric Features: We do not and will not build features that group photos by face recognition, filter audio by speaker identification, or perform any other biometric analysis. If such features are added in the future, we will obtain explicit consent and comply with all applicable biometric privacy laws, including the Illinois Biometric Information Privacy Act (BIPA).
By using voice or audio features, you consent to the processing of your audio files solely for transcription and playback purposes, and you acknowledge that we do not create or store biometric identifiers from your audio.
In addition to the Right to be Forgotten (Section 5), you have the following data privacy rights:
To exercise any of these rights, please contact us through the Service. We will respond to your request within 30 days (or as required by applicable law).
International Data Transfers: Your data may be transferred to and processed in countries outside your country of residence, including the United States. We ensure that such transfers comply with applicable data protection laws through appropriate safeguards.
In the event of a data breach that may affect your personal information, we will notify you and relevant authorities as required by applicable law (typically within 72 hours for GDPR, or as soon as practicable for other jurisdictions).
Notifications will be sent to the email address associated with your account and will include information about the nature of the breach, the data affected, and steps we are taking to address it.
We retain your personal data only for as long as necessary to provide the Service and fulfill the purposes outlined in these Terms and our Privacy Policy.
Account Data: We retain your account data while your account is active. Upon account deletion (Section 5), data is deleted within 30 days, with backups retained for up to 90 days.
Legal Obligations: We may retain certain data longer if required by law, to resolve disputes, enforce agreements, or protect our legal rights. Such retention will be limited to what is legally necessary.
These Terms shall be governed and construed in accordance with the laws of the United States and the State of Arkansas, without regard to its conflict of law provisions.
However, if you are located in the European Economic Area (EEA), United Kingdom, or California, your local data protection laws (GDPR, UK GDPR, or CCPA) also apply, and you may have additional rights as outlined in Section 13.
Arbitration: Any dispute, controversy, or claim arising out of or relating to these Terms, or the breach, termination, or invalidity thereof, shall be settled by binding arbitration in accordance with the rules of the American Arbitration Association (AAA), except where prohibited by law. The arbitration shall take place in Arkansas, United States. For EEA users, disputes may also be brought before your local data protection authority.
Class Action Waiver: You agree that any arbitration or proceeding shall be limited to the Dispute between us and you individually. To the full extent permitted by law, (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any Dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.
If you have any questions about these Terms of Service, wish to exercise your data privacy rights, or need to report a security concern, please contact us through the Service or visit our website at curiokeep.app.
For data protection inquiries, please clearly indicate "Data Protection Request" in your communication to ensure prompt handling.
BY USING SERVICE OR OTHER SERVICES PROVIDED BY US, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE AND AGREE TO BE BOUND BY THEM.