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Terms of Service - CuriousBox AI Inc.

Effective Date: April 7th, 2025

Thank you for choosing CuriousBox AI Inc. ("CuriousBox AI" "our company," "we," or "us") and our website at www.curiousbox.ai, along with our ProdE VS Code extension, web applications, and related services (collectively referred to as the "Service"). These Terms of Service, together with CuriousBox AI's Privacy Policy (found at: https://curiousbox.ai/privacy), (collectively, the "Agreement") constitute a binding legal agreement between you and CuriousBox AI regarding your use of the Service.

IMPORTANT - PLEASE READ CAREFULLY:

BY CLICKING "I AGREE," SIGNING A PURCHASE ORDER REFERENCING THIS AGREEMENT, OR BY INSTALLING, ACCESSING OR UTILIZING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND CONSENT TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT QUALIFY FOR ELIGIBILITY OR DO NOT AGREE TO THESE TERMS, YOU MUST NOT USE THE SERVICE. YOUR USE OF THE SERVICE AND CURIOUSBOX AI'S PROVISION OF THE SERVICE TO YOU ESTABLISHES A BINDING AGREEMENT BETWEEN YOU AND CURIOUSBOX.

If you access the Service on behalf of an organization that maintains a separate enterprise agreement with CuriousBox AI, that enterprise agreement will govern in case of any conflicts with this Agreement.

ARBITRATION NOTICE AND CLASS ACTION WAIVER. With limited exceptions outlined in Section 15, you agree that all disputes related to this Agreement will be resolved through binding, individual arbitration. BY ACCEPTING THIS AGREEMENT, BOTH YOU AND CURIOUSBOX AI WAIVE THE RIGHT TO JURY TRIAL OR TO PARTICIPATE IN CLASS ACTION PROCEEDINGS.

1. About CuriousBox AI Services

ProdE is our flagship AI-powered development platform designed to enhance developer productivity. The platform includes features such as intelligent code completion, codebase analysis tools, implementation assistance, and various development acceleration capabilities to help you ship higher quality code more efficiently.

2. User Eligibility

You must meet the minimum age requirement in your jurisdiction (typically 18 years old) to use our Service. By accepting this Agreement, you confirm that: (a) you meet the minimum age requirement; (b) your account has never been previously suspended or terminated; and (c) your use of the Service complies with applicable laws and regulations. For organizational users, the person accepting this Agreement guarantees they possess the authority to bind the organization to these terms.

3. Account Creation and Management

Most Service features require account registration. During registration, we collect certain information such as your name and email address. You are responsible for ensuring this information remains accurate and current. You'll create a password during registration and are solely responsible for maintaining its confidentiality and for all activities occurring under your account. If you suspect any unauthorized access to your account, please notify us immediately at contact@curiousbox.ai.

4. Payment Provisions

Access to certain Service features requires payment. You'll have the opportunity to review all applicable fees before being charged. Unless otherwise specified, all fees are denominated in U.S. Dollars and are non-refundable except where required by law. The payment terms in this section may be modified by terms in a Purchase Order.

4.1. Pricing Structure

CuriousBox AI determines pricing for the Service at its discretion. We strive to maintain current pricing information on our website and encourage you to review it periodically. We may modify our pricing with advance notice provided through the Service interface, email notifications, or other reasonable channels. Continued use of the Service following a price change signifies your acceptance of the new pricing.

4.2. Payment Processing

CuriousBox AI utilizes third-party payment processors to handle financial transactions. Your use of our payment functionality constitutes acceptance of the payment processor's terms and conditions and privacy policies. CuriousBox AI does not directly process or store payment information.

4.3. Subscription Management

Our Service may offer subscription plans with recurring billing cycles ("Subscription Service"). Your subscription begins on your initial purchase date and continues for the selected subscription duration, automatically renewing for identical periods unless canceled or terminated. You may cancel a subscription through your account settings or by contacting contact@curiousbox.ai.

4.4. Account Payment Issues

CuriousBox AI reserves the right to suspend or terminate Service access for accounts with outstanding balances. Delinquent accounts may incur additional fees related to payment collection, including chargeback fees and collection costs.

5. Licensing Terms
5.1. User License

Subject to your ongoing compliance with this Agreement, CuriousBox AI grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Service as intended.

5.2. Usage Restrictions

Unless prohibited by applicable law, you agree not to:

  • Copy, distribute, or create derivative works based on the Service
  • Alter or modify the Service
  • Attempt to reverse engineer or extract the Service's underlying code or algorithms (except where such restrictions are prohibited by law)
  • Develop competing products using insights from the Service
  • Use automated tools to extract data from the Service
  • Remove proprietary notices from the Service
  • Use the Service to generate malicious code, viruses, or other harmful software
  • Create or develop competing products or services that mimic the functionality or features of the Service
  • Circumvent any security measures or access limitations of the Service
  • Violate any third-party terms of service through your use of our Service
  • Use the Service in any manner not expressly authorized by this Agreement
5.3. User Feedback

When you provide suggestions, comments, or ideas regarding the Service ("Feedback"), you grant CuriousBox AI a perpetual, irrevocable, worldwide, royalty-free license to use that Feedback for any purpose, including Service improvements and future product development.

6. Intellectual Property
6.1. Service Ownership

CuriousBox AI retains all rights, title, and interest in the Service. The Service's interfaces, design elements, code, and all other components are protected by intellectual property laws and remain CuriousBox AI property.

6.2. User-Generated Content

You maintain ownership of code and content you create with the Service. While you own the AI-generated suggestions and outputs produced for your use, please note that these are created by machine learning systems and may contain limitations, require human review, or share similarities with outputs generated for other users.

6.3. AI-Generated Output Disclaimer

You acknowledge and agree that:

  1. AI-generated outputs may resemble existing code or content created by third parties
  2. You are solely responsible for verifying that outputs do not infringe upon third-party intellectual property rights
  3. You will indemnify and hold CuriousBox AI harmless from any claims arising from your use, modification, or distribution of AI-generated outputs
  4. CuriousBox AI makes no representations or warranties regarding the originality, accuracy, or non-infringing nature of any AI-generated outputs
  5. You assume all legal responsibility for how you use, modify, integrate, or distribute any outputs generated by the Service
7. Data Handling Practices
7.1. Code and Content Security

Any code, data, or other materials you submit to the Service ("User Content") are used primarily to deliver the Service functionality to you. We implement reasonable safeguards to protect your User Content.

7.2. Performance Analytics

CuriousBox AI collects certain performance data and usage statistics ("Analytics Data") regarding Service operation. Analytics Data excludes your User Content and helps us maintain, troubleshoot, and improve the Service.

8. Third-Party Software Integration

The Service may incorporate open-source or third-party software components ("Third-Party Software"). While the Service as a whole is governed by this Agreement, Third-Party Software may be subject to its own licensing terms, which this Agreement does not restrict you from exercising.

9. Communication Channels

We may communicate with you about our products and services or related offerings. You can opt out of marketing communications by using the unsubscribe mechanism in our emails or by contacting contact@curiousbox.ai.

10. Agreement Updates

We may periodically update this Agreement. Major changes will be announced by updating the effective date at the top of this document and maintaining the current version at https://curiousbox.ai/terms-of-service. Your continued use of the Service after changes are posted constitutes acceptance of the updated Agreement.

11. Duration, Termination, and Service Changes
11.1. Agreement Duration

This Agreement becomes effective when you accept it or begin using the Service, and remains effective until properly terminated.

11.2. Termination Rights

We may terminate your access to the Service immediately if you violate this Agreement. Additionally, CuriousBox AI reserves the right to suspend or terminate your account at any time, with or without cause, and with or without notice.

11.3. Post-Termination Obligations

Upon termination:

  • Your license rights end immediately
  • You lose access to your account and the Service
  • You remain responsible for any outstanding payments
  • Certain legal provisions of this Agreement will continue to apply
11.4. Service Modifications

CuriousBox AI may enhance, modify, or discontinue Service features at any time without prior notice. CuriousBox AI is not liable for any Service modifications or access interruptions.

12. Indemnification

To the extent permitted by law, you agree to defend, indemnify, and hold harmless CuriousBox AI and its affiliates, officers, directors, employees, and agents from all claims, liabilities, damages, losses, and expenses (including legal fees) arising from: (1) your improper use of the Service; (2) your violation of this Agreement or applicable laws; (3) infringement of third-party rights through your use of the Service; (4) disputes between you and third parties related to your Service use; or (5) your deployment, distribution, or use of any code or content generated by the Service.

13. Warranty Disclaimer

The service and all associated content are provided "as is" without warranties of any kind. CuriousBox AI disclaims all express and implied warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement, system integration, and data accuracy.

No information or advice, whether oral or written, provided by CuriousBox or obtained through the service creates any warranty not explicitly stated in this agreement.

14. Liability Limitations

To the maximum extent permitted by law, CuriousBox AI will not be liable for any indirect, incidental, special, consequential, or exemplary damages (including lost profits, revenue, data, or business opportunities) arising from your use of the service, regardless of legal theory.

CuriousBox AI's total liability to you for all claims related to this agreement or the service will not exceed the greater of: (a) the amount you paid for the service during the six months preceding the claim, or (b) $100 USD.

15. Dispute Resolution Process

THIS SECTION AFFECTS YOUR LEGAL RIGHTS - PLEASE READ CAREFULLY.

15.1. Arbitration Agreement

Both parties agree that any disputes relating to this Agreement or the Service shall be resolved through binding arbitration under the laws of the State of Georgia, except for claims properly brought in small claims court. CuriousBox AI Inc. is incorporated in the State of Delaware with headquarters located in Atlanta, Georgia.

15.2. Class Action Prohibition

You and CuriousBox AI agree to bring any disputes in an individual capacity only, not as a class member or in any representative capacity. No class arbitrations, class actions, or representative actions are permitted.

15.3. Arbitration Procedures

Arbitration proceedings will be conducted according to the American Arbitration Association's Commercial Arbitration Rules, as modified by this Agreement. The costs of arbitration will be shared equally between you and CuriousBox AI, except where prohibited by applicable law. The arbitration shall take place in Atlanta, Georgia, unless we both agree on another location.

15.4. Jurisdiction-Specific Provisions

If you reside in a jurisdiction where the arbitration provisions in this Agreement are restricted or prohibited by law, those restrictions will apply to you. In such cases, any disputes will be resolved in the state or federal courts located in Atlanta, Georgia, and you consent to the personal jurisdiction of those courts.

16. Force Majeure

Neither party shall be liable for any failure or delay in performance under this Agreement due to circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, terrorism, riots, war, epidemics, pandemics, power failures, internet service provider failures or delays, denial of service attacks, labor disputes, government actions, or other events that could not have been prevented by reasonable precautions. The affected party shall be excused from performance for the duration of such circumstances, provided that it uses commercially reasonable efforts to mitigate the effects of the force majeure event and resume performance.

17. General Provisions
17.1. Entire Agreement

This Agreement, including the Privacy Policy, constitutes the complete understanding between you and CuriousBox AI regarding the Service. You may not transfer your rights under this Agreement without prior written consent from CuriousBox AI. CuriousBox AI may assign this Agreement at its discretion.

17.2. Governing Law

This Agreement is governed by Georgia law, without regard to conflict of law principles. Any legal action not subject to arbitration shall be brought exclusively in the state or federal courts located in Atlanta, Georgia, and you consent to the jurisdiction of those courts.

17.3. Privacy Practices

Our Privacy Policy (available at: https://curiousbox.ai/privacy) details how we collect, use, and protect your personal information. Please review it carefully.

17.4. Contact Information

For questions about this Agreement or the Service, please contact contact@curiousbox.ai.

17.5. Geographic Availability

The Service is available to users in the United States, India, and certain other countries. While we welcome users from these regions, we make no representations that the Service is appropriate or available for use in all locations. Users from jurisdictions where the Service is prohibited may not access or use the Service.