Legal Notices

Terms of Use

Last updated November 15, 2024

Please read the following terms and conditions (“Terms”) carefully. These Terms create a binding legal contract between you, your employees, agents, and contractors, and any other entity on whose behalf you accept these Terms (collectively, “you” or “your”) and Curiox Biosystems Pte Ltd. and its affiliates (collectively “Curiox”, “we”, “our”, or “us”) governing your use of our website, located at uniform resource locator www.curiox.com (the “Site”), or other internet services under the control of Curiox, whether partial or otherwise, and related features, content, products, and services (collectively, “Services”). Among other things, these Terms describe your responsibilities and limit our liability. If you do not agree to all the following Terms now or in the future, do not use the Services in any manner. THESE TERMS CONTAIN DISCLAIMERS OF WARRANTIES (SECTION 8) AND LIMIT OUR LIABILITY (SECTION 10). THESE TERMS ALSO INCLUDE AN AGREEMENT TO RESOLVE DISPUTES BY ARBITRATION ON AN INDIVIDUAL BASIS AND THUS PROHIBIT CLASS ACTION CLAIMS. PLEASE REFER TO SECTION 12 FOR ADDITIONAL DETAILS.

These Terms, our Privacy Policy, our Terms and Conditions, and our Returns Policy constitute the entire agreement between you and Curiox and govern your use of the Services, and supersede any and all prior agreements, written or oral, between you and Curiox regarding the Services (including, without limitation, any prior versions of these Terms), except for any agreement that you have directly with Curiox. Portions of the Services may be governed by posted guidelines, rules, or other terms and conditions. All such guidelines, rules, and terms and conditions are hereby incorporated by reference into these Terms. In the event of a conflict between these Terms and such other guidelines, rules and terms and conditions, these Terms will control. Notwithstanding the foregoing, Curiox’s Privacy Policy supersedes any conflicting terms in these Terms and/or any other guidelines, rules, and terms and conditions with respect to the subject matter covered by the Privacy Policy.

1. You Agree to These Terms by Using the Services

1.1 These Terms. Your access to, and use of, the Services is subject to the following Terms and all applicable laws and regulations. By accessing and using the Services, including by clicking the “Subscribe” or “Send” (or similar) box or button, by making a download, by submitting a form, or by using any of our resources, you accept, without limitation or qualification, to be bound by these Terms. Curiox may, at any time and without notice, modify these Terms by revising them on the Site. Your continued use of the Services constitutes your acceptance of any such revisions. You should therefore periodically visit this page to review the current Terms. If you do not agree and accept, without limitation or qualification, these Terms, you must exit the Site and stop use of all Services immediately.

1.2 Other Terms. You may also be subject to additional terms and conditions that may apply when you use other Curiox services or third-party services. You are solely responsible for reviewing and complying with such terms even if our Services direct you to third party content, websites, software, or services.

2. Permitted Use of the Services

2.1 Eligibility. To be eligible to use the Services, you must, and you represent and warrant that you do, meet the following criteria: (a) are 18 years of age or older; (b) are not currently restricted from or otherwise prohibited from using the Services, (c) are not a competitor of or using the Services for reasons that are in competition with Curiox; (d) have full power and authority to enter into these Terms and doing so will not violate any other agreement to which you are a party; (e) will not violate any rights of Curiox, including intellectual property rights such as copyright or trademark rights; and (f) will provide at your cost all equipment (including mobile devices), software, and internet access necessary to use the Services. The Services are intended solely for persons who are 18 years old, or such higher age required in your country to use the Services. If you are under the legal age to form a binding contract in your jurisdiction, you represent that your parent or legal guardian has reviewed and agreed to these Terms on your behalf. 2.2 Agent of a Company, Entity, or Organization. If You are using the Services on behalf of a company, entity, or organization (collectively “Organization”), then you represent and warrant that you: (a) are an authorized representative of that Organization; (b) have the authority to bind that Organization to these Terms; and (c) will be bound by these Terms on behalf of that Organization. 2.3 Applicable Laws and this Agreement. You will comply with all applicable laws, ordinances, regulations, and these Terms. 2.4 Use of the Services. You will use the Services only to send, submit, and receive content and materials that are proper. You will not use the Services in any manner that could damage, disable, overburden, or impair the Services or interfere with any other party’s use and enjoyment of them. You may not attempt to gain unauthorized access to any computer systems or networks associated with the Services. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Services. You may not use any materials accessed, viewed, received, or downloaded through the Services, including any copies, modifications, or derivatives thereof, for any purpose other than your own internal purpose and you may not use any such materials for any purpose that may in any way be competitive to Curiox. 2.5 User Conduct. Curiox does not screen or control users of its Services and, is not responsible for, and makes no representations or warranties with respect to any user or user conduct, though we have the right to monitor such information. 2.6 Limited License. Curiox grants you a limited, revocable, non-exclusive, non-transferable, non-assignable, non-sublicensable license, and right to (a) access and use the Services through a generally available web browser (but not through scraping, spidering, crawling, or other technology or software used to access data); and (b) view and download information and use the Services that we provide in accordance with these Terms solely for your own personal, non-commercial purposes. Any other use of the Services is strictly prohibited. Any breach of the Terms herein by you will automatically terminate the foregoing license. We reserve all rights not expressly granted in these Terms, including, without limitation, title, ownership, intellectual property rights, and all other rights and interest in the Services and all related items. 2.7 Promotions. You agree to receive newsletters, promotional materials, and other communications and materials relating to Curiox or the Services unless you affirmatively opt-out of receiving such materials by contacting us using the information detailed in the How to Contact Us Section in our Privacy Policy. Even if you opt-out of receiving such newsletters or promotional materials, we may still need to contact you with important information about the Services. 2.8 Prohibited Uses. You will not use the Services to:

attempt to interfere with, harm, reverse engineer, steal from, or gain unauthorized access to the Services or the technology and equipment supporting the Services;
access or attempt to access the Services through any means other than as provided by Curiox;
use data mining, robots, or other data gathering devices on or through the Services;
submit or otherwise transmit incomplete, false, or misleading information, pretend to be Curiox or someone else, spoof Curiox’s or someone else’s identity, or misrepresent your affiliation with a person or entity;
disclose personal information about another person or any confidential, proprietary, or trade secret information of any third party, or harass or abuse;
engage in advertising, marketing, other unsolicited commercial communications, or spamming, except as specifically allowed by these Terms;
use the Services in an illegal way or to commit an illegal act in relation to the Services or that otherwise results in fines, penalties, and other liability to Curiox or others;
forge headers or otherwise manipulate identifiers (including URLs) in order to disguise the origin of any content transmitted through the Services;
collect or store personal data about other users unless specifically authorized by such users;
harvest or collect email addresses or other contact information of other users from the Services by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
access the Services from a jurisdiction where it is illegal or unauthorized;
solicit personal information from anyone under 18 or solicit personally identifying information for commercial or unlawful purposes;
collect any materials, information, or any other content gathered from the Services to train any artificial intelligence models;
resell, transfer, or distribute any aspect of the Services either as a standalone product or as a component of anther product;
use any aspect of the Services in a clinical trial or as a diagnostic, clinical, or therapeutic service or product, unless approved for such in writing by Curiox; or
reproduce, modify, or distribute any part of the Services for any purpose without the express prior written permission of Curiox.

You will not submit, email, transmit, or otherwise make available any content that:

is inaccurate, unlawful, threatening, abusive, harassing, obscene, invasive of another’s privacy, hateful, or objectionable to Curiox or other users of the Services or refers negatively to people or groups on the basis of their race, ethnicity, national origin, religion, sexual preference, orientation, or identity, gender, class, disability, or similar characteristics;
contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
constitutes advertisements or solicitations of business, surveys, contests, chain letters, or pyramid schemes;
contains false statements or misrepresentations that could damage you, us, or a third party; or
violates or infringes anyone’s intellectual property or other rights.

3. User Submitted Content

3.1 Your Content. The Services may allow users to submit or otherwise transmit content via the Services. You are solely responsible for all such content you transmit via the Services.

3.2 Ownership and License of Your Content and Information. Curiox makes no claim to ownership of any content or information you provide to us (through the Site, Services, directly via email, or in any form) and will not pay any compensation to you with respect to any use of your content or information by us or our licensees. Curiox will be free to use or disseminate any content or information you make available to us on an unrestricted basis for any purpose, and you hereby grant Curiox and all other users of the Services an irrevocable, perpetual, worldwide, transferable, royalty-free, fully paid up, nonexclusive license, with the right to grant and authorize sublicenses, to use, reproduce, modify, distribute, and otherwise exploit such content and information (including in digital form). Curiox may pass these rights along to others with whom Curiox has contractual relationships related to the provision of the Services, solely for the purpose of providing such Services. You represent and warrant that you have proper authorization for the worldwide transfer and processing among Curiox and third-party providers of any content or information that you may provide to us. You also represent to us that, by submitting content or information to Curiox and granting Curiox the rights described in these Terms, you are not infringing or violating the personal or property rights of any person or third party. Curiox is under no obligation to post or use any of your submitted content or information, but if Curiox does use such content or information, Curiox may remove such content at any time in its sole discretion. You acknowledge that by providing the ability to view and distribute your user-generated content via the Services, Curiox is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability related thereto.

3.3 Submissions. Unless Curiox has entered into a separate written agreement with you that explicitly states to the contrary, Curiox can use and freely exploit any information, feedback, questions, comments, or the like that you provide to us in connection with the Services (“Submissions”) on a non-confidential and non-proprietary basis and the Submissions will become and remain the property of Curiox. No compensation will be paid with respect to the use of any Submissions that you provide to Curiox. Curiox is under no obligation to post or use any of your Submissions and may remove any Submissions or information at any time in its sole discretion. You will not give to Curiox any Submissions that (a) you have reason to believe are subject to any patent claim or similar right of a third party; (b) are subject to license terms which seek to require any product incorporating or derived from such Submissions, or other intellectual property, to be licensed to or otherwise shared with any third party; or (c) are the confidential information of any third party to whom you owe a duty of confidence. Please email your Submissions to sales@curiox.com.

4. Notice: Electronic Communications

4.1 Notices. When you access the Services or send e-mails to Curiox, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail, regular mail, or by posting notices or links to notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

4.2 Modification of Terms and Services. Curiox may update or change these Terms, and any other terms, conditions, and notices for the Services from time to time. You understand that Curiox reserves the right to make these changes and that you are responsible for regularly reviewing these Terms and other terms, conditions, and notices. Continued access to or use of the Services after any such change will constitute your consent to such change. Unless explicitly stated otherwise, any modifications to the Services will be subject to the Terms, as modified from time to time. Curiox may also make changes to the Services or discontinue the Services (including content and offerings) at any time and without notice. No modification of these Terms will be binding on Curiox unless posted by us, or unless in writing and signed by a person authorized to act on behalf of Curiox. You should periodically visit our website to review the current Terms. Your use of our Services will be at your own and sole risk, and we will not be liable for any data loss or damage to any device, including your own devices, arising out of or relating to your use of our Services.

4.3 Termination or Suspension of Services. Curiox reserves the right, in its sole discretion, to modify, terminate, or suspend your access to the Services or any portion thereof at any time and for any reason, with or without notice and without liability to Curiox. Curiox will not be liable to you or any third party for any modification, suspension, or termination of the Services, your access to the Service, or loss of related information. You may stop using the Services at any time.

5. Third Party Links, Functionality, And Transactions

5.1 Third Party Links. In an attempt to provide increased value to our visitors, Curiox may provide a link to other sites, including for advertising and promotional purposes, by allowing the user to leave the Services to access third-party material or by bringing the third-party material into the Services via “inverse” hyperlinks and framing technology (each a “Linked Website”). However, even if the third party is affiliated with Curiox, Curiox has no control over the content on a Linked Website and is not responsible for the operation of any Linked Website. Curiox is offering these links to you as a convenience only, and the fact that we have provided or allowed a link to a site is not an endorsement, authorization, sponsorship, or affiliation with respect to such site, its owners, or its providers. Nonetheless, Curiox seeks to protect the integrity of its Site and the links placed upon it and therefore requests any feedback on sites it links to as well (including if a specific link does not work).

5.2 Functionality. Our Services may allow you to use third-party content and functionality. You use such content or functionality subject to such third parties’ terms and conditions, including separate privacy and data collection practices (which are independent of Curiox). We make no promises and disclaim all liability of specific results from the use of such third-party services.

5.3 Third Party Transactions. Third party products and services made available through our Services are made and offered directly by the applicable third party. When you pursue any such product or service, you acknowledge that you are contracting directly with such third party and not with Curiox. Your interaction with, or participation in promotions of, third parties found on or through the Services are solely between you and such third party. You are not obligated to use or transact business with any third party that appears on the Services.

5.4 Disclaimer. We urge you to make sure you understand the risks associated with using, retrieving, or relying upon any information found on the internet before using, retrieving, or relying upon any such information from a Linked Website. Your correspondence or business dealings with, or participation in promotions of, advertisers or users other than Curiox found on or through our Services are solely between you and such advertiser or other user. Curiox will not be responsible or liable, directly or indirectly, for any actual or alleged damage or loss caused by or in connection with use of or reliance on any such content, goods, or services available on or through any Linked Website.

6. Curiox Intellectual Property

6.1 Ownership. All materials, including without limitation, any software, training materials, videos, webinars, manuals, blog posts, publications, or documentation available through the Services are the property of Curiox, its affiliated companies, and/or Curiox’s third party licensors and are protected by copyrights, trademarks, and other intellectual property rights. All trademarks, service marks, and trade names are proprietary to Curiox, its affiliated companies, and/or third parties. You cannot use our logo or trademarks without our express written permission.

6.2 Limitations. Except as expressly authorized in writing by Curiox, you will not reproduce, modify, rent, lease, loan, sell, distribute, mirror, frame, republish, download, transmit, or create derivative works of our content or content of others (including without limitation, text, images, photographs, video, audio, graphics, user interface, and other content provided) on the Services, and the selection, coordination, and arrangement of such content (whether by us or by you), in whole or in part, by any means. You must not modify, decompile, or reverse engineer any software Curiox discloses to you. You must not remove, alter, or obscure any copyright, patent, trademark, or other proprietary or restrictive notice or legend contained or included in any part of the Services, and you will reproduce and copy all such notices and legends on all copies of any part of the Services that you are permitted to make hereunder, if any. You may use the Services, materials provided, and the contents contained in the Services solely for your own individual, non-commercial, and informational purposes. Any other use, including for any commercial purposes or for a Curiox competitor, is strictly prohibited without our express prior written consent. Any rights not expressly granted herein are reserved.

6.3 Government Rights. Any software which may be downloaded through the Services for or on behalf of the United States of America, its agencies, and/or instrumentalities (“S. Government”), is provided with Restricted Rights. Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software – Restricted Rights at 48 CFR 52.227-19, as applicable.

7. Privacy and Personal Information

7.1 Privacy Policy. Your privacy is important to us. Curiox’s Privacy Policy is incorporated and made part of these Terms. You consent to the collection, processing, and storage by Curiox of your personal information in accordance with the terms of Curiox’s Privacy Policy. Any personal data (for example, your name, address, telephone number or e-mail address) that you transmit through the Services by electronic mail or otherwise will be used by Curiox in accordance with the Privacy Policy. You will comply with all applicable laws and regulations, and the terms of Curiox’s Privacy Policy, with respect to any access, use, and/or Submission by you of any personal information in connection with the Services. Any other communication or material you transmit to Curiox, such as questions, comments, suggestions or the like, will be treated as non-confidential and non-proprietary.

7.2 Notice. Curiox may communicate with you by email or posting notice on our Services. You may request that we provide notice of security breaches in writing. By using the Services or providing personal information (as defined in our Privacy Policy to us, we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the Services. If we learn of our security system’s breach, we may attempt to notify you electronically by posting a notice on our website or sending an email to you. You may have a legal right to receive this notice in writing. To receive free written notice of a security breach (or to withdraw your consent from receiving electronic notice), please write to us at sales@curiox.com.

8. Disclaimer—Warranty

8.1 Disclaimer. YOUR ACCESS TO, USE OF, AND RELIANCE ON THE SERVICES IS AT YOUR SOLE RISK UNLESS OTHERWISE EXPLICITLY STATED. THE SERVICES ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS” BASIS. THE RELEASED PARTIES (AS DEFINED BELOW) DISCLAIM ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES OF ANY KIND, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

8.2 NO WARRANTIES. THE RELEASED PARTIES DO NOT ENDORSE AND ARE NOT RESPONSIBLE FOR (A) THE ACCURACY, LEGALITY, OR RELIABILITY OF ANY OPINION, ADVICE, INFORMATION, OR STATEMENT MADE THROUGH THE SERVICES OR PROVIDED ON THE SERVICES BY ANY PARTY, OR (B) ANY CONTENT PROVIDED ON OR CAPABILITIES OR RELIABILITY OF ANY PRODUCT OR SERVICE OBTAINED FROM LINKED WEBSITES. THE RELEASED PARTIES FURTHER MAKE NO WARRANTY THAT (I) THE SERVICES WILL MEET YOUR REQUIREMENTS, (II) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF SERVICES WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY GOODS OR SERVICES AVAILABLE ON THE SERVICES WILL MEET YOUR EXPECTATIONS, OR (V) ANY ERRORS IN THE SERVICES WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CURIOX, WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. CURIOX DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE SECURITY OF YOUR PERSONAL DATA. CURIOX DOES NOT WARRANT THAT THE USE OR SALE OF ANY CURIOX PRODUCTS WILL NOT INFRINGE THE CLAIMS OF ANY UNITED STATES OR OTHER PATENTS COVERING THE USE THEREOF IN COMBINATION WITH OTHER PRODUCTS OR IN THE OPERATION OF ANY PROCESS. SOME STATES DO NOT PERMIT LIMITATIONS OR EXCLUSIONS ON WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

9. Indemnification. You will indemnify, defend (at Curiox’s request), and hold harmless the Released Parties (as defined below) from and against any claim or demand, including reasonable attorneys’ fees, made by any third party relating to or arising out of your content, your Submissions, or your use of the Services, including without limitation, your use of any information you learn from your use of the Services, your breach of these Terms, your violation of any data protection or privacy laws, or your violation of any rights of another person or entity. Additionally, you will indemnify, defend (at Curiox’s request), and hold harmless Curiox from any claim or demand relating to or arising out of (a) any custom order by you, or (b) your use of a product manufactured by Curiox. You are solely responsible for any claims brought by a third party, including, for your use of any information you learn from your use of the Services.

10. Limitations of Liability

10.1 LIMITATION. YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. THE RELEASED PARTIES WILL NOT BE LIABLE FOR ANY ACCESS TO, USE OF, OR RELIANCE ON THE SERVICES BY YOU OR ANYONE ELSE, OR FOR ANY TRANSACTIONS, COMMUNICATIONS, INTERACTIONS, DISPUTES, OR RELATIONS BETWEEN YOU AND ANY OTHER PERSON OR ORGANIZATION ARISING OUT OF OR RELATED TO CURIOX OR CONTENT, INFORMATION, OR SERVICES ACCESSED OR OBTAINED THROUGH THE SERVICES. YOU ASSUME ALL RISK ASSOCIATED WITH DEALING WITH THIRD PARTIES. YOU WILL RESOLVE DISPUTES DIRECTLY WITH OTHER PARTIES. YOU RELEASE THE RELEASED PARTIES OF ALL CLAIMS, DEMANDS, AND DAMAGES IN DISPUTES AMONG USERS OF THE SERVICES. YOU WILL NOT INVOLVE US IN SUCH DISPUTES. PLEASE USE CAUTION AND COMMON SENSE WHEN USING THE SERVICES. “RELEASED PARTIES” INCLUDE CURIOX AND ITS AFFILIATES, AND ITS AND THEIR OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS.

10.2 INDIRECT DAMAGES. THE RELEASED PARTIES WILL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF THE RELEASED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (A) THE USE OR THE INABILITY TO USE THE SERVICES; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH, FROM, OR AS A RESULT OF THE SERVICES; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (D) STATEMENTS OR CONDUCT OF ANY PARTY ON OR THROUGH THE SERVICES; (E) YOUR RELIANCE ON CONTENT MADE AVAILABLE BY US; OR (F) ANY OTHER MATTER RELATING TO THE SERVICES.

10.3 DIRECT DAMAGES. TO THE FULLEST EXTENT POSSIBLE BY LAW, THE RELEASED PARTIES’ MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE SERVICES OR YOUR USE OF CURIOX CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), WILL NOT EXCEED $100.

10.4 Jurisdiction. Some states do not permit limitations or exclusions on warranties, so portions of the above limitations may not apply to you.

11. Law and Jurisdiction

11.1 Governing Law. The law of Your state or country of residence will apply to any action related to the Terms and/or Your use of the Services, including any Dispute (as defined below). Choice of law rules of any jurisdiction and the United Nations Convention on Contracts for the International Sale of Goods will not apply to any Dispute under the Terms.

11.2 Foreign Jurisdiction. Curiox makes no representation that the content or information available through the Services is appropriate for access outside of the United States. Those who choose to access the Services from outside the United States do so at their own initiative and are responsible for compliance with local laws.

11.3 Accessibility. Although the Services are accessible worldwide, they are not accessible to all persons or in all geographic locations. Curiox reserves the right to limit, in its sole discretion, the provision and quantity of any Service to any person or geographic area it so desires. Any offer for any Service provided by Curiox is void where prohibited.

12. Binding Arbitration. All disputes under these Terms or related in any way to your use of the Services, including any downloads and any communications or other interactions between you and Curiox (a “Dispute”), will be settled through BINDING ARBITRATION, except that you or Curiox may file a complaint in small claims court if the Dispute qualifies under the applicable jurisdictional limits, or unless you opt-out as described below.

12.1 The arbitration will be administered by one arbitrator by the American Arbitration Association (“AAA”) under the AAA’s then-current Consumer Arbitration Rules, which can be found at www.adr.org or by calling 1-800-778-7879. To begin arbitration, please visit the AAA’s website or call the number provided here.

12.2 Any arbitration will take place in California or the state and county in which you reside if you so choose. If you reside outside of the United States, arbitration will take place in California. The parties may arbitrate by video or telephone conference or to have their Dispute decided on a documents-only basis. The arbitrator will have the power to grant whatever relief would be available in court under law or in equity, including public injunctive relief.

12.3 For any arbitration that you file, and except for a Dispute determined by an arbitrator or court to be frivolous, asserted in bad faith, and/or asserted for purposes of harassment, Curiox will pay your filing fee and costs and expenses that otherwise might be due under the AAA Consumer Arbitration Rules, up to $1,000.

12.4 You may opt-out of this agreement to arbitrate. If you do so, neither you nor Curiox can require the other to participate in an arbitration proceeding regarding these Terms. To opt-out, you must notify us in writing within 30 days after the date that you first accept these Terms. You may also opt-out within 30 days after we notify you regarding a material change to these Terms. You must send us a notice to this address to opt-out:

Curiox Biosystems Pte Ltd.
400 W Cummings Park, Suite 6650
Woburn, MA 01801 USA

You must include your name, residence address, and a clear statement that you want to opt-out of this arbitration agreement.

12.5 The arbitrator has the authority to decide all issues of arbitrability, and there is no judge or jury in arbitration. YOU AND CURIOX MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING.

12.6 You agree that any claim you may have arising out of or related to your use of the Services, your relationship with Curiox, and/or these Terms must be filed within one year after such claim arose; otherwise, your claim is permanently barred.

12.7 Notwithstanding any provision in these Terms to the contrary, if the class-action waiver in this provision is deemed invalid or unenforceable, or if an arbitration can proceed on a class basis, then neither you nor Curiox is entitled to arbitrate the Dispute.

12.8 This arbitration provision is subject to the Federal Arbitration Act and interpreting case law. To the extent state law applies to the Dispute, the laws of your state of residence will apply. The arbitrator’s award will be binding on you and Curiox and may be entered in any court of competent jurisdiction. This Binding Arbitration Section will survive any termination of your use of the Services.

13. General Terms

13.1 Assignment. You must not assign or otherwise transfer the Terms or any right granted hereunder by operation of law or otherwise. Curiox may assign or otherwise transfer the Terms, or any right granted hereunder. Any assignment in violation of this Section will be null and void. No one other than you and Curiox, or Curiox’s successors and assigns, will have any right to enforce these Terms.

13.2 Breach. Any material breach of these Terms will result in irreparable harm to Curiox for which damages would be an inadequate remedy and, therefore, in addition to its rights and remedies otherwise available at law, Curiox will be entitled to equitable relief, including both a preliminary and permanent injunction, if such a breach occurs. You waive any requirement for the posting of a bond or other security if Curiox seeks such an injunction.

13.3 Export. Services derived or obtained from Curiox may be subject to the U.S. export laws and the export or import laws of other countries. You will comply strictly with all such laws and, in particular, will: (a) obtain any export, re-export, or import authorizations required by U.S. or your local laws; (b) not use the Services to design, develop, or produce missile, chemical, biological, or nuclear weaponry; and (c) not provide Services, content, or products derived or obtained from the Services to prohibited countries and entities identified in the U.S. export regulations.

13.4 Survival. Rights and obligations under the Terms which by their nature should survive will remain in full effect after termination or expiration of the Terms.

13.5 Severability. You will comply with all applicable laws and regulations. If any legal authority, having the jurisdiction, rules that any part of these Terms is invalid, that Section will be removed, and the remaining terms of these Terms will be valid and enforceable.

13.6 Waiver. Any express waiver or failure to exercise promptly any right under the Terms will not create a continuing waiver or any expectation of non-enforcement. If any provision of the Terms is held invalid by any law or regulation of any government, or by any court or arbitrator, such provision will be replaced with a new provision that accomplishes the original business purpose, and the other provisions of the Terms will remain in full force and effect.

13.7 Disclosure and Removal. Curiox always reserves the right to disclose any information as Curiox deems necessary to satisfy any applicable law, regulation, legal process, or governmental request or to edit, refuse to post, or to remove any information or materials, in whole or in part, in Curiox’s sole discretion.

13.8 Headings. Section titles and headings in the Terms are for convenience only and have no legal or contractual effect.

13.9 Print Form. A printed version of these Terms and of any notices given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

14. Questions and Feedback. We welcome your questions, comments, and concerns about the Services. Please send us any and all feedback pertaining to the Services at sales@curiox.com.