Terms of Service
Last updated: August 27, 2026
1. Acceptance of Terms
These Terms of Service (the "Terms") constitute a legally binding agreement between you (either an individual or an entity, "you" or "Client") and Cur8co ("Cur8co," "we," "us," or "our") governing your access to and use of our website located at cur8co.co (the "Site") and any design, engineering, or consulting services we provide (collectively, the "Services"). By accessing the Site, submitting an inquiry, or engaging Cur8co for Services, you represent that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms in their entirety, you must not access the Site or engage the Services.
2. Eligibility
You represent and warrant that you are at least 18 years of age and have the legal capacity and authority to enter into these Terms, whether on your own behalf or on behalf of an entity you represent. If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind that entity to these Terms, in which case "you" and "Client" refer to that entity.
3. Description of Services
Cur8co provides software design, engineering, and consulting services as described on the Site or as otherwise agreed between the parties. The Site itself is provided for general informational purposes only and does not constitute an offer to contract. The specific scope of work, deliverables, timeline, fees, and other commercial terms applicable to any engagement will be set forth in a separate written proposal, statement of work, or master services agreement executed by both parties (each, an "Order"). In the event of a conflict between these Terms and an executed Order, the Order shall govern with respect to the subject matter of that engagement.
4. Client Responsibilities
Client agrees to provide Cur8co with timely access to information, personnel, materials, credentials, and feedback reasonably necessary for Cur8co to perform the Services. Client is responsible for the accuracy and completeness of any information, content, or materials it supplies, and for obtaining any rights, consents, or licenses necessary for Cur8co to use such materials in connection with the Services. Delays caused by Client's failure to provide such cooperation may extend applicable timelines and are not attributable to Cur8co.
5. Fees and Payment
Fees, invoicing schedules, currency, and payment terms for any engagement are set out in the applicable Order. Unless otherwise stated, invoices are due within thirty (30) days of the invoice date. Amounts not paid when due may accrue interest at the lesser of 1.5% per month or the maximum rate permitted by applicable law, and Cur8co reserves the right to suspend performance of the Services until overdue amounts, together with any accrued interest, are paid in full. All fees are exclusive of applicable taxes, duties, and similar governmental charges, which are Client's responsibility unless otherwise agreed in writing.
6. Intellectual Property Rights
Subject to Client's payment in full of all fees due under the applicable Order, and unless otherwise agreed in writing, Cur8co assigns to Client all right, title, and interest in and to the deliverables created specifically for Client under that Order (the "Deliverables"), excluding any Cur8co Background IP (defined below). Notwithstanding the foregoing, Cur8co retains all right, title, and interest in and to: (a) any tools, libraries, frameworks, methodologies, know-how, and pre-existing or independently developed materials used or incorporated in delivering the Services ("Background IP"); and (b) any general knowledge, skills, and experience gained in the course of performing the Services. Cur8co grants Client a non-exclusive, worldwide, royalty-free license to use any Background IP solely as incorporated into the Deliverables. Cur8co may, unless otherwise agreed, reference the general nature of the engagement (excluding confidential information) in its portfolio and marketing materials.
7. Confidentiality
Each party agrees to protect the other party's non-public, proprietary, or confidential information disclosed in connection with an engagement ("Confidential Information") using at least the same degree of care it uses to protect its own confidential information of similar importance, and in no event less than reasonable care. Confidential Information does not include information that is or becomes publicly available through no fault of the receiving party, was rightfully known to the receiving party prior to disclosure, is independently developed without use of the disclosing party's Confidential Information, or is rightfully obtained from a third party without restriction. A party may disclose Confidential Information to the extent required by law or court order, provided it gives the other party reasonable advance notice where legally permissible.
8. Representations and Warranties
Cur8co represents that it will perform the Services in a professional and workmanlike manner consistent with generally accepted industry standards. Client represents that it has all necessary rights, licenses, and authority to provide any materials, data, or instructions furnished to Cur8co, and that Cur8co's use of such materials in accordance with Client's instructions will not infringe or violate the rights of any third party.
9. Disclaimer of Warranties
EXCEPT AS EXPRESSLY SET FORTH IN AN EXECUTED ORDER OR SECTION 8 ABOVE, THE SITE AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, OR ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. CUR8CO DOES NOT WARRANT THAT THE SITE OR ANY DELIVERABLES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS.
10. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATING TO THESE TERMS OR ANY ORDER, REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT FOR (A) CLIENT'S PAYMENT OBLIGATIONS, (B) A PARTY'S BREACH OF SECTION 7 (CONFIDENTIALITY), OR (C) A PARTY'S INDEMNIFICATION OBLIGATIONS UNDER SECTION 11, EACH PARTY'S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO AN ORDER SHALL NOT EXCEED THE TOTAL FEES PAID OR PAYABLE BY CLIENT TO CUR8CO UNDER THE APPLICABLE ORDER IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
11. Indemnification
Client agrees to indemnify, defend, and hold harmless Cur8co and its officers, employees, and contractors from and against any third-party claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) Client's breach of these Terms or an applicable Order; (b) Client's materials, data, or instructions provided to Cur8co; or (c) Client's use of the Deliverables in violation of applicable law. Cur8co agrees to indemnify, defend, and hold harmless Client from and against any third-party claims to the extent arising from Cur8co's gross negligence or willful misconduct in performing the Services.
12. Term and Termination
These Terms remain in effect for as long as you access the Site or have an active engagement with Cur8co. Either party may terminate an active Order in accordance with the termination provisions set out in that Order, or, absent such provisions, upon thirty (30) days' prior written notice. Cur8co may suspend or terminate your access to the Site at any time, with or without cause, including for suspected violation of these Terms. Sections 6 (Intellectual Property Rights), 7 (Confidentiality), 9 (Disclaimer of Warranties), 10 (Limitation of Liability), 11 (Indemnification), and 14 (Governing Law and Dispute Resolution) survive termination or expiration of these Terms or any Order, along with any payment obligations accrued prior to termination.
13. Force Majeure
Neither party shall be liable for any delay or failure to perform its obligations (other than payment obligations) resulting from causes beyond its reasonable control, including acts of God, natural disaster, war, terrorism, civil unrest, labor disputes, governmental action, internet or utility failures, or failures of third-party service providers.
14. Governing Law and Dispute Resolution
These Terms and any dispute arising out of or relating to them or the Services shall be governed by and construed in accordance with the laws of the jurisdiction in which Cur8co is established, without regard to its conflict of laws principles. The parties agree to first attempt in good faith to resolve any dispute through direct negotiation between senior representatives. If the dispute is not resolved within thirty (30) days, the parties agree to submit to the exclusive jurisdiction of the competent courts of that jurisdiction, except that either party may seek injunctive or other equitable relief in any court of competent jurisdiction to protect its intellectual property or Confidential Information.
15. Changes to These Terms
We may revise these Terms from time to time to reflect changes in our Services, business practices, or applicable law. If we make material changes, we will update the "Last updated" date below. Changes will not apply retroactively to an Order executed prior to the effective date of the revised Terms, unless required by law or agreed otherwise in writing. Your continued use of the Site or the Services after changes are posted constitutes acceptance of the updated Terms.
16. Miscellaneous
These Terms, together with any applicable Order, constitute the entire agreement between the parties with respect to their subject matter and supersede all prior or contemporaneous agreements, understandings, or communications, whether written or oral, relating to that subject matter. If any provision of these Terms is held to be invalid or unenforceable, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect. No failure or delay by either party in exercising any right under these Terms shall operate as a waiver of that right. Client may not assign these Terms or any Order without Cur8co's prior written consent; Cur8co may assign these Terms in connection with a merger, acquisition, or sale of all or substantially all of its relevant assets. Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between the parties.
17. Contact Us
If you have any questions about these Terms of Service, please reach out to us at hello@cur8co.co.