Terms of Service

“CuratedAI", "our," "we," or "us" in these Terms refers to CuratedAI B.V., a company incorporated under Belgian laws with registered address Groeneweg 17, 9320 Aalst, Belgium and company number 1 005.972.647. These Terms of Service (the “Terms”, the “Agreement”) govern your use of our services, except when superseded and replaced by any deviating contractual agreements expressly made in writing between you and CuratedAI.

The latest version of our Terms of Service is always available on our Site. It is important that you read these Terms before using or purchasing any Services. If you have any questions regarding these Terms, don't hesitate to contact us by e-mail at founders@curatedai.eu.

Definitions

“Customer” means any individual or legal entity who has entered into an agreement with us for the provision of Services.

“Customer Data” means any documents, materials, prompts, data, or information uploaded or submitted by the Customer to CuratedAI’s Services or generated/processed by the Customer using the Services.

“Credits” means non-refundable electronic tokens purchased or provided under subscription terms, allowing the Customer to access specific features or services.

“User” means individual authorized by Customer to use our Services on the Customer’s behalf.

"Intellectual Property Rights" means any and all (i) copyrights and other rights associated with works of authorship, (ii) trade secrets and other confidential information, (iii) patents, patent disclosures and all rights in inventions (whether patentable or not), (iv) trademarks, trade names, Internet domain names, an registrations and applications or the registration thereof together with all of the goodwill associated therewith, (v) all other intellectual and industrial property rights of every kind and nature throughout the worlds and however designated, whether arising by operation of law, contract, license, otherwise, and (vi) all registrations, applications, renewals, extensions, continuations, divisions, or reissues thereof now or hereafter in effect.

"Order" means any quote or other document for the purchase of Services, including the purchase of Credits.

“Services” refers to all products, tools, and functionalities provided by CuratedAI, including but not limited to the Document Review Tool, Research Tool, and any associated software applications, platforms, and web-based interfaces accessible through app.curatedai.eu or any related websites.

"Subscription Term" is the period from the start to the end date as defined in the Order.

"Term" includes the Initial Term of this Agreement, along with any Renewal Term(s), as applicable;

Scope and Application

1.1. These Terms govern your access to and use of CuratedAI’s Services. By accessing our website www.curatedai.eu or using/purchasing any of the Services, you confirm that you have read, understood, and agree to be bound by these Terms.

1.2. These Terms consist of:

• these Terms of Service,

• our Privacy Policy, Cookie Policy, and Data Processing Agreement (where applicable)

• your Order.

Collectively these documents are referred to as the “Terms” and constitute the entire agreement with you.

Order and Access to the Services

2.1. Placing an Order

In these Terms, the purchase or renewal of any Service, including the purchase of Credits, is referred to as an “Order.” First-time users may place an Order through our website, while existing customers may do so via their user account on our platform.

2.2. Representations

By placing an Order, you confirm that you have the legal capacity to enter into an agreement with CuratedAI, and are not restricted from purchasing Services due to sanctions or legal limitations in your jurisdiction. If you place an Order on behalf of a legal entity, you represent that you have the authority to bind the entity to these Terms.

2.3. User Limits and Reassignment

The Order specifies a maximum number of Users permitted to access the Services. The Customer may request an increase in the number of Users at any time. Upon CuratedAI’s confirmation, an updated Order will be issued reflecting the new user limit and corresponding fees, effective immediately unless otherwise specified. Similarly, the Customer may request a decrease in the number of Users, with the updated Order and new fees taking effect at the start of the next Renewal Term, unless specified otherwise in the Order. The Customer can also request to reassign a User seat to another team member.

2.4. Account Access

The Customer acknowledges that if a User is no longer covered by an active subscription (e.g., due to a subscription downgrade), that User will lose access to their account. In the event of a full subscription termination, all Users will lose access on the termination date unless another subscription applies.

2.5. Use of Credits

The Customer acknowledges that access to certain features or services on the CuratedAI platform, such as document reviews, is subject to the use of Credits. Credits may be purchased individually or as part of a subscription plan (e.g., 10 or 20 reviews per month). The number of Credits required for each document review is determined by CuratedAI and may be adjusted at its discretion. Unused or expired Credits are non-refundable and non-exchangeable, and CuratedAI is under no obligation to offer refunds or extensions.

Services

3.1. Modifications to Services

CuratedAI reserves the right to modify, update, upgrade, or remove any feature, software, or configuration of the Services at any time. If such modifications result in significant changes to the functionality of the purchased Services, we will notify you in advance. You may object to these changes by terminating the Agreement within 10 calendar days of receiving notice.

3.2. Enterprise Plan and Custom Solutions

If the Customer selects the Enterprise Plan or any custom solution from CuratedAI, the Parties will execute a separate Order that will detail the scope of the services, including any custom features, and the associated fees. The Order will be governed by these Terms and may include additional terms specific to the Enterprise Plan or custom solution being provided.

3.3. Responsibility for Input

The Customer is solely responsible for the content (the “Input”) they submit or upload to CuratedAI’s Services. The Customer declares that such Input complies with applicable laws, regulations, and third-party rights.

3.4. No Legal Advice

The Customer acknowledges that any results generated by CuratedAI’s Services from the Input (the “Output”) is intended solely for reference purposes and does not constitute legal advice. CuratedAI strongly advises the Customer to verify and review all outputs, especially in legal contexts, and to seek professional legal advice where appropriate. The Customer accepts full responsibility for the use of any Outputs and any decisions made based on them.

Fees and Payment

4.1. Fees

The Customer shall pay CuratedAI the applicable fees as described in the Order. All fees are exclusive of VAT and any applicable taxes, and prices are listed and payable in EUR. CuratedAI will issue invoices either on a monthly or annual basis, unless other billing arrangements are specified in the Order. All fees are non-refundable unless otherwise stated in these Terms. CuratedAI reserves the right to update the fee structure or introduce new fees by providing the Customer with prior notice.

4.2. Payment Terms

Invoices issued by CuratedAI are due within thirty (30) days from the invoice date, unless otherwise specified in the Order. CuratedAI reserves the right to suspend or terminate access to the Services if payment is not received on time. Any overdue amounts will accrue interest in accordance with applicable commercial law. Disputes over invoiced amounts must be raised in good faith within thirty (30) days of receiving the invoice.

4.3. Price Increases

CuratedAI may adjust the fees upon renewal of the subscription term, once per year. Any fee increase will be communicated in writing at least thirty (30) days before it takes effect. The Customer may terminate the Agreement within fifteen (15) days of receiving notice if they do not agree to the fee increase. If no objection is raised, the new fees will apply for the renewed term.

Customer Data

5.1. Ownership of Customer Data

The Customer retains exclusive ownership and all rights to the Customer Data uploaded to the CuratedAI platform. The Customer grants CuratedAI the necessary rights to process the Customer Data for the purpose of fulfilling its obligations under this Agreement. The Customer is responsible for ensuring the accuracy, quality, legality, and intellectual property rights to the Customer Data and must ensure the data is lawfully obtained.

5.2. Use for Model Training

For paid Customers, Customer Data will not be used to train CuratedAI’s models without explicit consent. For Customers using our free version, Customer Data may be used to train proprietary models, but only after it has been anonymized or pseudonymized, ensuring no personally identifiable information is included. In any case, we will ask for explicit consent before using any data for model training.

5.3. Use of Aggregated Data

The Customer agrees that CuratedAI may collect, use, and disclose aggregated data derived from the use of the platform for purposes such as industry analysis, benchmarking, and improving services. This data will not identify the Customer or any specific Customer Data.

Data Protection

6.1. For detailed information on how we handle Customer personal data, please refer to our Privacy Policy and our Cookie Policy. These documents outline the types of data we collect, how we use and share it, and your rights regarding its processing.

Intellectual Property Rights

7.1. CuratedAI Intellectual Property Rights

All intellectual property rights that either party holds prior to this Agreement will remain with that party. CuratedAI retains all rights, title, and interest in the platform and its components, including but not limited to software, algorithms, and technology. This includes any modifications or enhancements made during the term of this Agreement. CuratedAI makes no claim to any data or content uploaded by the Customer or their Users.

7.2. Customer Intellectual Property Rights

The Customer retains ownership and intellectual property rights of all Customer Data. The Customer grants CuratedAI and its service providers a worldwide, non-exclusive, non-transferable, royalty-free license to collect, store, modify, and process Customer Data as needed to provide the Services.

7.3. Feedback

If the Customer provides any suggestions or feedback regarding the platform, CuratedAI may choose, at its discretion, to develop new features or functionality. By providing such feedback, the Customer grants CuratedAI a royalty-free, worldwide, perpetual license to use, modify, and implement the feedback in any products or services, including the right to create derivative works or commercialize it.

Confidentiality

8.1. Confidential Information

“Confidential Information” refers to any information disclosed by one party (“Disclosing Party”) to the other (“Receiving Party”), whether orally or in writing, that is designated as confidential or should reasonably be understood as confidential due to its nature or circumstances. This includes, but is not limited to, business strategies, financial data, product details, trade secrets, customer information, know-how, and personnel details.

8.2. Protection of Confidential Information

The Receiving Party must protect the Confidential Information with at least the same level of care it uses for its own information, but no less than reasonable care. CuratedAI will implement industry-standard security measures, including encryption and access controls, to ensure the protection of Confidential Information.

8.3. Legal Disclosure

The Receiving Party may disclose Confidential Information of the Disclosing Party to the extent compelled by law to do so, provided the Receiving Party gives the Disclosing Party prior notice of the compelled disclosure, to the extent permitted by law.

8.4. Survival

The confidentiality obligations will survive for five (10) years after the expiration or termination of this Agreement, or longer if required by applicable law.

Indemnity and Liability

9.1. No Indemnity

CuratedAI provides the Services on an "as-is" basis and does not offer any indemnity. The Customer assumes full responsibility for the use of the Services, including compliance with applicable laws, and the accuracy, legality, and quality of any data uploaded or processed.

9.2. Limitation of Liability

CuratedAI shall not be liable for any indirect, incidental, special, punitive, or consequential damages. This includes, but is not limited to, loss of revenue, profits, business opportunities, loss of data, or interruption of services. Additionally, CuratedAI shall not be liable for system downtime, interruption, unauthorized access to data, or any failure of the Services to meet the Customer’s needs.

The Customer acknowledges that CuratedAI will not be liable for losses arising from:

• any misuse or improper use of the Services by the Customer, its Users, or third parties;

• unauthorized modifications to the Services or integrations with third-party software or services not approved by CuratedAI;

• breach of these Terms by the Customer, including failure to protect access credentials.

9.3 Liability Cap

CuratedAI’s total cumulative liability for any claims, whether based on contract, tort (including negligence), or any other theory of liability, shall not exceed the total amount paid by the Customer for the Services during the twelve (12) months preceding the event giving rise to the claim.

Warranty and Disclaimer

10.1. Performance of Services

CuratedAI will perform the Services with reasonable skill and care, using qualified personnel. However, CuratedAI does not warrant that the Services will be uninterrupted and error-free. The Customer acknowledges that the Services are designed to aid research and document review, and while they use advanced AI technology, CuratedAI does not guarantee that the Services will meet all Customer requirements or function seamlessly with third-party technologies.

10.2. AI Output Limitations

Due to the nature of machine learning technology, the Output generated by CuratedAI’s Services may not always be accurate, appropriate, complete, or unique. CuratedAI makes no representations or warranties regarding the accuracy, reliability, or appropriateness of the Output, and disclaims any liability for the use of the Output or errors and omissions therein. The Customer is encouraged to independently verify the Output before relying on it.

10.3. Disclaimer of Warranties

The Services are provided "as-is." CuratedAI disclaims all warranties, whether express, implied, or statutory, including but not limited to merchantability, fitness for a particular purpose, and non-infringement. While CuratedAI employs advanced algorithms to minimize inaccuracies, the Customer acknowledges that the AI may produce incomplete or inaccurate outputs. CuratedAI makes no representation regarding the accuracy, completeness, or reliability of the outputs generated and is not liable for any reliance on such information.

Term and Termination

11.1. Term and Renewal

This Agreement becomes effective on the date specified in the relevant Order and remains in effect for the Subscription Term. The Subscription Term can be either monthly or yearly, as specified in the Order. The Agreement will automatically renew for successive periods equal to the original Subscription Term, unless either Party provides notice of termination at least sixty (60) days before the end of the Initial Term or then-current Renewal Term for yearly subscriptions, or thirty (30) days for monthly subscriptions.

11.2. Termination for Breach

Either Party may terminate the Agreement by written notice if the other Party materially breaches the Agreement and fails to remedy the breach within thirty (30) days of receiving the written notice.

11.3. Termination for Insolvency

Either Party may terminate the Agreement by written notice to the other Party, effective as of the date of delivery of such notice, if the other Party becomes subject to bankruptcy, insolvency, or otherwise ceases operations.

11.4. Consequences of Termination

Upon termination of this Agreement for any reason, the Customer shall immediately pay all outstanding fees and amounts due up to the effective termination date. All rights granted to the Customer under this Agreement, including access to and use of the Services, will cease upon termination. Termination shall not affect any accrued rights, remedies, or liabilities of either Party, nor will it affect the survival of any provisions which by their nature are intended to survive termination, including but not limited to confidentiality, liability limitations, and indemnities.

Miscellaneous

12.1. Notices

All notices, requests, and other communications required under this Agreement shall be in writing and may be sent by email to the address listed in the Order or otherwise provided by the Parties. Notices will be deemed effective upon receipt.

12.2. Assignment

Neither Party may assign its rights or obligations under this Agreement without the prior written consent of the other Party. However, CuratedAI may transfer this Agreement to a successor in the event of a merger or sale, effective upon written notice to the Customer.

12.3. Force Majeure

Neither Party shall be liable for delays or failure to perform under this Agreement when caused by events beyond their reasonable control, including but not limited to acts of government, natural disasters, civil unrest, terrorism, labor strikes, technological failures, or other unforeseen circumstances. Performance will be excused for as long as such conditions exist.

12.4. Publicity

CuratedAI reserves the right to list the Customer as a reference and use the Customer’s name and logo in promotional materials, including websites, brochures, and at trade events, unless the Customer expressly requests otherwise in writing.

12.5. Severability

If any provision of this Agreement is found to be invalid or unenforceable by a court of competent jurisdiction, the remainder of the Agreement shall remain in full force, and the invalid provision shall be interpreted as closely as possible to reflect the original intent.

12.6. Applicable Law and Jurisdiction

This Agreement is governed by Belgian law. Any disputes arising from this Agreement shall be subject to the exclusive jurisdiction of the courts of Brussels, Belgium.