1. Acceptance of Terms

By clicking “I Agree,” creating an account, or accessing or using the Curately application or website (the “Service”), you enter into a legally binding agreement with Resurg Tech, Inc. (“Company,” “we,” “us,” or “our”).

If you do not agree to these Terms, you must not use the Service.

2. Eligibility & Acceptable Use

You represent and warrant that:

• You are at least 18 years old
• You have the legal capacity to enter into this agreement
• Your use of the Service is voluntary and lawful
• Your interactions with others through the Service are consensual

You agree not to:

• Harass, stalk, or harm others
• Use the Service for illegal or deceptive purposes
• Misuse the platform or attempt to disrupt its operation
• Use the Service to exploit, coerce, or surveil any individual

3. Description of the Service

Curately provides curated recommendations for activities, venues, and shared experiences using algorithms and user preferences.

We do not own, operate, control, or verify any third-party venues or services.

4. AI-Generated Recommendations Disclaimer

Curately uses algorithms and artificial intelligence to generate recommendations.

You acknowledge that:

• Recommendations may be inaccurate, incomplete, or outdated
• We do not verify venue details such as safety, availability, pricing, or quality
• You are solely responsible for verifying all information before acting on it
• All recommendations are provided for informational purposes only.

5. Assumption of Risk

You acknowledge that participating in activities suggested through the Service involves inherent risks, including but not limited to:

• Personal injury
• Illness
• Property damage
• Emotional distress

You voluntarily assume all risks associated with:

• Visiting recommended venues
• Participating in suggested activities
• Interacting with other users or third parties

6. Third-Party Services Disclaimer

Curately acts solely as a platform.

We are not responsible for:

• The actions, omissions, or conduct of third-party venues
• The behavior of other users
• The quality, safety, legality, or availability of any activity
• Any interactions with third parties are solely between you and those parties.

7. Limitation of Liability

To the maximum extent permitted by law:

The Service is provided “AS IS” and “AS AVAILABLE” without warranties of any kind.

We disclaim all implied warranties, including merchantability and fitness for a particular purpose

Resurg Tech, Inc. shall not be liable for any:

• Indirect, incidental, consequential, or punitive damages
• Loss of profits, data, goodwill, or enjoyment
• Personal injury or emotional distress arising from use of the Service

Liability Cap:

Our total cumulative liability shall not exceed the greater of: $100 USD, or the amount you paid to use the Service in the past six (6) months

Nothing in these Terms excludes liability where prohibited by law, including for gross negligence or willful misconduct.

8. Indemnification

You agree to defend, indemnify, and hold harmless Resurg Tech, Inc. and its officers, employees, and affiliates from any claims, damages, losses, or expenses arising from:

• Your use of the Service
• Your violation of these Terms
• Your interactions with other users or third parties

9. Mandatory Arbitration & Class Action Waiver

9.1 Arbitration Agreement

Any dispute arising out of or relating to these Terms or the Service shall be resolved through binding arbitration administered by the American Arbitration Association (AAA) in Delaware.

9.2 Class Action Waiver

All claims must be brought in an individual capacity only. You waive any right to participate in class, collective, or representative actions.

9.3 Jury Trial Waiver

You waive your right to a trial by jury.

9.4 Opt-Out Right

You may opt out of arbitration within 30 days of accepting these Terms by emailing: 📧 support@curately.app

10. Beta & Service Availability Disclaimer

The Service may be in a testing or “soft launch” phase.

We do not guarantee that the Service will be:

• Uninterrupted
• Error-free
• Secure or fully functional
• We may modify, suspend, or discontinue the Service at any time without liability.

11. Payments & Subscriptions

The Service is currently free to use

Paid features may be introduced in the future

will be processed via third-party providers (e.g., Apple App Store, Google Play)

You agree to comply with all applicable payment terms imposed by such providers.

12. Termination

We may suspend or terminate your access:

• At any time
• With or without cause
• Without prior notice

Upon termination:

• Your right to use the Service ceases immediately
• We may delete or retain data in accordance with our Privacy Policy

13. Intellectual Property

All content, software, branding, and features of the Service are the exclusive property of Resurg Tech, Inc.

You are granted a limited, non-transferable, non-exclusive license for personal use only.

You may not:

• Copy, reproduce, or distribute content
• Reverse-engineer or decompile the Service
• Use the Service to build competing products or train AI models

14. Privacy

Your use of the Service is governed by our Privacy Policy, which explains how we collect, use, and protect your data.

15. International Use

If you access the Service from outside the United States, you do so at your own risk and are responsible for compliance with local laws.

16. Force Majeure

We are not liable for failure or delay due to events beyond our reasonable control, including:

• Natural disasters
• Internet or infrastructure failures
• Government actions
• Third-party service disruptions

17. Assignment

We may assign or transfer these Terms without restriction, including in connection with a merger, acquisition, or sale of assets.

18. Severability

If any provision of these Terms is found unenforceable, the remaining provisions shall remain in full force and effect.

19. Entire Agreement

These Terms constitute the entire agreement between you and Resurg Tech, Inc. regarding the Service and supersede all prior agreements.

20. Modifications

We may update these Terms at any time.

Updated Terms will be posted in the app or website. Continued use of the Service constitutes acceptance of the updated Terms.

21. Governing Law

These Terms are governed by the laws of the State of Delaware, without regard to conflict of law principles.

22. Contact & Legal Notices

For privacy questions or data requests: