DATACURVE: PLATFORM TERMS OF SERVICE
Effective Date: July 12, 2026
About the Platform
The DataCurve Platform is a digital fan identity and engagement platform designed to help individuals connect with the sports, entertainment, brands, organizations, experiences, and
communities they care about.
Through the Platform, users may create and maintain persistent digital fan identities, participate
in Fan Engagement Services, receive personalized experiences and Rewards, interact with
Sports and Entertainment Organizations, and discover events, merchandise, hospitality
opportunities, travel experiences, promotions, and other experiences tailored to their interests.
The Platform also enables Sports and Entertainment Organizations to better understand,
engage, recognize, and reward their audiences through DataCurve's proprietary identity,
analytics, and engagement technologies.
Thank you for being part of the DataCurve community!
Terms of Service
These Platform Terms of Service ("Terms") govern your access to and use of the Platform and establish the legal relationship between you and DataCurve, Inc. ("DataCurve," "Company," "we," "our," or "us"). The Platform is designed to enable Users to engage with Participating Organizations through secure digital identity, personalization, artificial intelligence, analytics, rewards, and other Services while providing Participating Organizations with tools to better understand, recognize, and engage their audiences.
These Terms are intended to promote a trusted, secure, and transparent environment for all Users and Participating Organizations. They define the respective rights, responsibilities, and obligations associated with accessing and using the Platform, protect DataCurve's proprietary technologies and intellectual property, and establish the terms under which DataCurve provides the Platform and related Services.
By accessing or using the Platform, creating an Account, clicking "I Agree," "Accept," or similar language, or otherwise indicating your acceptance of these Terms, you acknowledge that you have read, understood, and agree to be bound by these Terms and the Privacy Policy. If you do not agree to these Terms, you must not access or use the Platform.
If you are accessing or using the Platform on behalf of an entity, organization, team, league, employer, or other legal person, you represent and warrant that you have the authority to bind that entity to these Terms, and references to “you” include both you and that entity.
DEFINITIONS
For purposes of these Terms, the following capitalized terms shall have the meanings set forth below.
“Account” means the registered account established by a User to access and use the Platform, including all login credentials, profile information, preferences, settings, activity history, and information associated with such account.
“AI Services” means artificial intelligence, machine learning, predictive analytics, recommendation engines, natural language processing, image, voice technologies, automated decision-making systems, generative artificial intelligence, and similar technologies made available through the Platform.
“AURA ID” means DataCurve’s proprietary persistent digital fan identity associated with a User and used to recognize, personalize, and facilitate interactions across the DataCurve ecosystem and participating organizations.
“Content” means any text, photographs, images, graphics, audio, video, software, code, databases, documentation, user interfaces, reports, analytics, digital assets, AI-generated content, and other information or materials made available through the Platform.
“DataCurve,” “Company,” “we,” “our,” and “us” mean DataCurve, Inc., together with its parents, subsidiaries, affiliates, successors, assigns, employees, officers, directors, contractors, licensors, and authorized representatives, as the context requires.
“Digital Assets” means digital badges, loyalty points, NFTs, blockchain-enabled assets, tokenized rewards, digital tickets, digital passes, credentials, certificates, or other digital items made available through the Platform.
"Digital Wallet" means a digital wallet, account, application, or similar technology supported by the Platform that enables a User to receive, store, manage, present, or use eligible Rewards, tickets, digital credentials, digital assets, payment methods, or other Platform-supported offerings.
“Fan Engagement” means rewards, loyalty programs, personalized experiences, contests, sweepstakes, ticketing opportunities, merchandise offerings, hospitality opportunities, travel experiences, digital experiences, surveys, AI-powered interactions, community features, and other fan engagement products or services available through the Platform.
“Fan Graph” means DataCurve’s proprietary fan identity graph, relationship graph, analytics platform, and associated technologies that organize, associate, analyze, and manage information relating to Users, their interests, preferences, interactions, engagement, and relationships with Sports and Entertainment Organizations and other participating entities.
“FanZone” means DataCurve’s consumer-facing application and user experience through which Users access the Platform, AURA ID functionality, Fan Engagement Services, Rewards, personalized experiences, and related Services.
“Participating Organization” means any sports team, league, conference, governing body, athlete, entertainer, musician, band, performer, venue, promoter, festival, brand, sponsor, advertiser, retailer, media company, streaming service, educational institution, nonprofit organization, governmental entity, hospitality provider, travel provider, ticketing provider, commercial partner, or other organization that participates in, integrates with, or offers products, services, experiences, or content through the Platform.
“Partner Data” means information lawfully provided to DataCurve by Sports and Entertainment Organizations, sponsors, brands, retailers, service providers, technology providers, ticketing providers, venues, hospitality providers, marketing agencies, or other authorized third parties.
“Personal Information” has the meaning assigned under applicable privacy laws and generally includes information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked to an identified or identifiable individual.
“Platform” means the DataCurve technology platform, including FanZone, AURA ID, the Fan Graph, AI Services, websites, mobile applications, software, APIs, databases, analytics, Fan Engagement Services, Rewards, and all related products for providing Services.
“Privacy Policy” means the DataCurve Privacy Policy, as amended from time to time, available at https://datacurve.io/privacy-policy, which is incorporated into these Terms by reference.
“Rewards” means points, loyalty benefits, recognition, digital badges, exclusive opportunities, promotional offers, discounts, access privileges, hospitality opportunities, merchandise, digital assets, experiences, or other incentives that may be offered through the Platform by DataCurve or Participating Organizations.
“Services” means collectively the Platform, FanZone, AI Services, AURA ID, the Fan Graph, Fan Engagement, Rewards, software, APIs, websites, mobile applications, Content, and all other products and services provided by DataCurve.
"Supplemental Terms" means any additional terms, conditions, program rules, guidelines, or policies that apply to specific Services, features, promotions, Rewards, digital assets, ticketing opportunities, memberships, events, experiences, or other offerings made available through the Platform and that are expressly incorporated into these Terms.
“Terms” means these DataCurve Platform Terms of Service, together with all documents expressly incorporated by reference.
“User,” “you,” and “your” mean any individual who accesses or uses the Platform, whether or not such individual creates an Account.
“User Content” means any information, photographs, videos, comments, messages, profile information, reviews, survey responses, contest entries, social interactions, digital media, or other content submitted or made available by a User through the Platform.
“Verified Fan” means a User whose identity, eligibility, participation, or other attributes have been verified by DataCurve and who may be eligible for enhanced Platform functionality, Rewards, ticketing opportunities, or exclusive experiences.
1. ELIGIBILITY AND MINIMUM AGE
1.1 Eligibility
You may access or use the Platform only if you are legally capable of entering into a binding agreement under applicable law and your access to or use of the Platform is not prohibited by applicable law. By accessing or using the Platform, you represent and warrant that you satisfy these eligibility requirements and that you will comply with these Terms and all applicable laws.
1.2 Minimum Age
You must be at least thirteen (13) years of age, or such higher minimum age as may be required under applicable law in your jurisdiction, to create an Account or use the Platform. If you are under the age of majority in your jurisdiction but otherwise eligible to use the Platform, you represent that your parent or legal guardian has reviewed and accepted these Terms on your behalf and has authorized your use of the Platform.
DataCurve does not knowingly permit individuals who are prohibited by law from using online services to create an Account or access the Platform.
1.3 Additional Eligibility Requirements
Certain Services may be subject to additional eligibility requirements established by DataCurve or a Participating Organization, including residency requirements, geographic restrictions, age requirements, payment requirements, identity verification requirements, or Supplemental Terms. Eligibility for one Service does not guarantee eligibility for any other Service.
1.4 Accuracy of Information
You represent and warrant that all information you provide to DataCurve is true, accurate, complete, and current. You agree to promptly update your information whenever it changes so that DataCurve may continue to provide the Platform and the Services.
Providing false, misleading, fraudulent, or incomplete information constitutes a material breach of these Terms and may result in suspension or termination of your Account.
1.5 Right to Refuse Access
To protect the integrity, security, and operation of the Platform, DataCurve reserves the right, to the fullest extent permitted by applicable law, to refuse registration, restrict access to the Platform or any Service, suspend or terminate an Account, or deny participation in specific Services whenever DataCurve reasonably determines that doing so is necessary to protect the Platform, other Users, Participating Organizations, or DataCurve’s legitimate business interests.
Nothing in these Terms or your use of the Platform creates any fiduciary, agency, partnership, joint venture, employment, brokerage, advisory, or similar relationship between you and DataCurve or between you and any Participating Organization, except as expressly provided in a separate written agreement executed by the applicable parties.
2. ACCOUNTS
Access to certain Services requires an Account. Your Account enables DataCurve to authenticate your identity, establish and maintain your AURA ID, personalize your experience, administer Rewards, facilitate interactions with Participating Organizations, and provide other functionality available through the Platform.
2.1 Creating an Account
When creating an Account, you agree to provide all information reasonably requested by DataCurve and to maintain that information in an accurate and current state throughout your use of the Platform.
DataCurve may establish an AURA ID associated with your Account to facilitate authentication, personalization, recognition across authorized Platform experiences, and other Services described in these Terms.
2.2 Account Credentials
You are responsible for maintaining the confidentiality of your username, password, authentication credentials, verification methods, and any other security credentials associated with your Account. You are also responsible for all activities occurring through your Account, whether or not such activities are authorized by you, unless otherwise required by applicable law.
If you believe your Account has been compromised or used without authorization, you must promptly notify DataCurve and take reasonable steps to secure your Account.
2.3 Identity Verification
To protect the Platform and its Users, DataCurve reserves the right to verify information associated with your Account at any time before or after registration. Verification procedures may include confirmation of your email address or telephone number, multi-factor authentication, device recognition, behavioral authentication, verification through trusted third-party providers, government-issued identification where appropriate, or other commercially reasonable verification methods.
DataCurve may also use automated technologies, fraud detection tools, and AI Services to detect unauthorized access, duplicate Accounts, fraudulent activity, abuse of Rewards, or other conduct that may compromise the integrity or security of the Platform.
Failure to cooperate with reasonable verification requests may result in delayed access to the Platform or Services, suspension of your Account, or termination of your Account.
2.4 Verified Fan Status
Certain Services may be available only to Verified Fans. Verification may be required to participate in specific events, promotions, loyalty programs, Rewards, ticketing opportunities, hospitality experiences, or other Services.
Verified Fan status does not guarantee access to any particular Service, Reward, event, or opportunity and may be modified, suspended, or revoked in accordance with these Terms or any applicable Supplemental Terms.
2.5 Updating Your Information
You are responsible for promptly updating your Account whenever your contact information or other registration information changes. Maintaining accurate information helps DataCurve provide the Services, communicate important notices, administer Rewards, protect your Account, and maintain the integrity of your AURA ID.
2.6 One Personal Account
Unless expressly authorized by DataCurve in writing, you may maintain only one personal Account. You may not create multiple Accounts to obtain additional Rewards, manipulate promotions or loyalty programs, circumvent Platform restrictions, or otherwise gain an unfair advantage.
2.7 Account Security
You are responsible for maintaining appropriate security measures for any device used to access the Platform and for protecting your Account credentials against unauthorized access.
DataCurve implements commercially reasonable administrative, technical, and organizational safeguards designed to protect the Platform and User Accounts. However, no security measure is completely secure, and DataCurve cannot guarantee that unauthorized access, cybersecurity incidents, or other security events will never occur.
2.8 Suspension, Closure, and Retention
You may close your Account at any time by following the procedures made available through the Platform.
DataCurve reserves the right to suspend, restrict, or terminate your Account in accordance with these Terms whenever DataCurve reasonably determines that continued access may present legal, operational, security, reputational, or business risks, or that your Account has been used in violation of these Terms.
Closure or termination of an Account does not require DataCurve to immediately delete information associated with your Account. DataCurve may retain information for the period reasonably necessary to comply with applicable law, enforce these Terms, resolve disputes, prevent fraud, protect the Platform, satisfy contractual obligations, maintain business records, or otherwise as described in the Privacy Policy.
3. LICENSE TO USE THE PLATFORM
3.1 Limited License
Subject to your continued compliance with these Terms, DataCurve grants you a limited, personal, revocable, non-exclusive, non-transferable, and non-sublicensable license to access and use the Platform and the Services solely for your personal, lawful, and non-commercial use.
This license permits access to the Platform only through interfaces, applications, websites, and other access methods authorized by DataCurve.
3.2 Reservation of Rights
Except for the limited license expressly granted in these Terms, DataCurve and its licensors retain all right, title, and interest in and to the Platform, FanZone, AURA ID, the Fan Graph, AI Services, Content, software, databases, APIs, analytics, algorithms, documentation, trademarks, copyrights, patents, trade secrets, and all other intellectual property and proprietary rights.
No ownership rights are transferred to you by these Terms or by your use of the Platform.
3.3 Restrictions
Except as expressly authorized by DataCurve or permitted under applicable law, you shall not copy, reproduce, modify, distribute, publish, transmit, publicly display, publicly perform, create derivative works of, sell, lease, sublicense, reverse engineer, decompile, disassemble, scrape, extract data from, or otherwise exploit any portion of the Platform or the Services.
You shall not access or use the Platform to develop, train, benchmark, improve, validate, or operate any competing product, service, identity graph, analytics platform, recommendation engine, artificial intelligence system, or machine learning model or use reverse engineering to decompile any or all software in the Platform.
4. ACCEPTABLE USE
You agree to use the Platform only for lawful purposes and in a manner consistent with these Terms.
You shall not use the Platform to:
- violate any applicable law or regulation;
- impersonate another person or entity or misrepresent your identity;
- create false, misleading, fraudulent, or duplicate Accounts;
- interfere with or disrupt the operation, security, or integrity of the Platform;
- upload or transmit malware, ransomware, viruses, spyware, or other malicious code;
- circumvent authentication procedures or security measures;
- use bots, automated scripts, crawlers, scrapers, AI agents, or other automated technologies except as expressly authorized by DataCurve;
- manipulate Rewards, promotions, loyalty programs, ticketing opportunities, or engagement metrics;
- infringe the intellectual property, privacy, publicity, contractual, or other rights of any person or entity;
- upload or distribute unlawful, defamatory, threatening, harassing, abusive, fraudulent, or otherwise objectionable User Content;
- engage in unauthorized commercial activity through the Platform; or
- assist or encourage another person to engage in conduct prohibited by these Terms.
DataCurve reserves the right to investigate suspected violations of this Section and to take any action reasonably necessary to protect the Platform, Users, Participating Organizations, or DataCurve’s legitimate business interests, including removing Content, suspending or terminating Accounts, restricting access to Services, canceling Rewards, or pursuing any other remedy available under these Terms or applicable law.
5. USER CONTENT
5.1 User Content
The Platform may permit you to create, upload, submit, publish, transmit, display, or otherwise make available photographs, videos, audio recordings, comments, reviews, profile information, survey responses, messages, contest entries, social interactions, digital media, and other content or materials (“User Content”).
You retain ownership of any intellectual property rights that you possess in your User Content. Nothing contained in these Terms transfers ownership of your User Content to DataCurve.
5.2 License Granted to DataCurve
By submitting User Content through the Platform, you grant DataCurve and its affiliates, subsidiaries, licensors, service providers, successors, assigns, Sports and Entertainment Organizations, Participating Organizations, and other authorized business partners a worldwide, perpetual, irrevocable, royalty-free, fully paid, transferable, sublicensable, non-exclusive license to host, store, reproduce, copy, modify, adapt, translate, publish, publicly perform, publicly display, distribute, create derivative works from, analyze, process, index, and otherwise use such User Content for purposes of operating, maintaining, improving, securing, promoting, marketing, developing, and providing the Platform and the Services.
Without limiting the foregoing, User Content may be used to personalize your experience, facilitate Fan Engagement Services, administer Rewards, improve recommendations, measure sponsorship effectiveness, improve analytics, develop artificial intelligence technologies, perform research, and improve the operation of the Platform.
5.3 User Representations
You represent and warrant that you own or otherwise possess all rights necessary to submit the User Content and to grant the licenses contained in these Terms and that your User Content does not infringe or violate the intellectual property, privacy, publicity, contractual, or other legal rights of any third party.
5.4 Monitoring and Removal
DataCurve has no obligation to monitor User Content but reserves the right, in its sole discretion, to review, remove, edit, disable access to, or refuse to publish any User Content that DataCurve reasonably believes violates these Terms, applicable law, or the rights of any person or entity.
6. SERVICES
6.1 Purpose
The Platform is designed to connect Users with Sports and Entertainment Organizations through personalized experiences, loyalty programs, Rewards, sponsorship activations, commerce opportunities, communities, and other Services.
6.2 Services
DataCurve may provide Services that include personalized recommendations, ticketing opportunities, merchandise offerings, travel experiences, hospitality experiences, contests, sweepstakes, promotions, digital collectibles, AI-powered experiences, communities, surveys, sponsorship activations, loyalty programs, recognition programs, digital credentials, and other engagement opportunities.
Certain Services may be offered directly by DataCurve, while others may be provided by Participating Organizations. DataCurve may introduce paid services, premium memberships, subscription offerings, commerce functionality, marketplaces, digital asset services, advertising services, sponsorship services, analytics offerings, APIs, enterprise services, or other commercial offerings from time to time.
7. COMMERCIALIZATION OF THE PLATFORM
DataCurve continually develops new products, services, and technologies to enhance the Platform.
Accordingly, DataCurve reserves the right to introduce premium memberships, subscriptions, commerce functionality, marketplaces, ticketing services, merchandise offerings, hospitality services, travel services, advertising opportunities, sponsorship programs, analytics products, APIs, enterprise offerings, digital assets, payment functionality, loyalty programs, artificial intelligence capabilities, and other commercial offerings.
Certain Services may require payment of fees or acceptance of Supplemental Terms. Unless expressly stated otherwise, future Services introduced through the Platform shall be governed by these Terms.
8. DATA PRACTICES AND CONSENT
8.1 General Consent
You acknowledge that the Services depend upon DataCurve’s ability to collect, receive, organize, process, analyze, combine, use, store, disclose, and otherwise process information relating to your Account, AURA ID, activities, preferences, interactions, interests, participation, and use of the Platform.
By creating an Account or using the Platform, you expressly consent to such processing as described in these Terms and the Privacy Policy.
8.2 Information Processed
Information processed by DataCurve may include information you provide directly, information generated through your use of the Platform, Partner Data, transaction information, event attendance, loyalty participation, Rewards activity, communications, device information, cookies, advertising identifiers, geolocation information where permitted by law, AI interactions, and information obtained from lawful third-party sources.
8.3 Personalized Experiences and Offers
One of the primary purposes of the Platform is to deliver experiences that are relevant to your interests and engagement.
Accordingly, you expressly consent to DataCurve using information associated with your Account, AURA ID, Fan Graph, preferences, activities, purchases, attendance, interactions, location where permitted by law, and other information described in these Terms to personalize your experience and present you with content, recommendations, advertisements, sponsorship activations, ticketing opportunities, merchandise, hospitality offerings, travel experiences, contests, Rewards, loyalty benefits, communities, surveys, promotions, and other offers that DataCurve reasonably believes may be of interest to you.
Such offers may be presented by DataCurve or on behalf of Sports and Entertainment Organizations, Participating Organizations, sponsors, brands, retailers, artists, musicians, venues, promoters, marketing agencies, or other authorized business partners.
8.4 Sharing of Aggregated and De-Identified Information
You expressly consent to DataCurve aggregating, anonymizing, pseudonymizing, or otherwise de-identifying information associated with you and/or your use of the Platform. You acknowledge and agree that DataCurve may share such information with Participating Organizations, Sports and Entertainment Organizations, sponsors, brands, retailers, service providers, technology providers, ticketing providers, venues, hospitality providers, marketing agencies, payment providers, and other authorized business partners where reasonably necessary to provide the Services, administer Fan Engagement Services, fulfill Rewards, personalize experiences, authenticate Users, perform analytics, measure engagement, improve sponsorship effectiveness, comply with legal obligations, or otherwise as described in these Terms and the Privacy Policy.
DataCurve may use or disclose such aggregated or de-identified information for any lawful business purpose, including audience insights, engagement reporting, sponsorship analytics, benchmarking, predictive analytics, trend analysis, research, product development, and reporting to Sports and Entertainment Organizations, Participating Organizations, brands, sponsors, investors, marketing agencies, research organizations, and other authorized business partners, provided such information does not identify you personally.
8.5 Communications
You consent to receive personalized communications relating to your favorite teams, leagues, athletes, musicians, entertainers, venues, brands, sponsors, communities, events, Rewards, loyalty programs, Fan Engagement Services, and other opportunities available through the Platform.
You may manage certain communication preferences through your Account settings or by following applicable opt-out procedures. Transactional, legal, security, and administrative communications may not be subject to opt-out.
8.7 Condition of Use
Your consent to the collection, processing, sharing, and use of information described in this Section is a material condition of your use of the Platform.
9. PRIVACY POLICY
9.1 Incorporation
The DataCurve Privacy Policy forms an integral part of these Terms and is incorporated herein by reference.
The current Privacy Policy is available at https://datacurve.io/privacy-policy.
9.2 Acknowledgment
By creating an Account or using the Platform, you acknowledge that you have reviewed and understand the Privacy Policy and consent to the collection, use, disclosure, retention, transfer, and protection of your Personal Information as described therein.
9.3 Updates
DataCurve may modify the Privacy Policy from time to time to reflect changes in applicable law, technology, or Platform operations. Material changes shall be communicated in accordance with applicable law.
10. AURA ID AND FAN GRAPH
10.1 Purpose
The Platform is designed to provide Users with more personalized, secure, and engaging experiences while enabling Participating Organizations to better understand, recognize, and engage their audiences. To support these objectives, DataCurve may establish and maintain an AURA ID associated with your Account and utilize the Fan Graph as part of the operation of the Platform.
10.2 AURA ID
DataCurve may establish and maintain an AURA ID associated with your Account. An AURA ID is DataCurve's proprietary digital identity record that helps the Platform recognize you across authorized Platform experiences and facilitates the delivery of the Services.
Your AURA ID may be associated with information relating to your interactions with the Platform, preferences, interests, affiliations, participation, loyalty status, Rewards, attendance, purchases, communications, and other information collected or processed as described in these Terms and the Privacy Policy.
The existence of an AURA ID does not create any ownership interest in the underlying technology or systems used to establish, maintain, or operate AURA ID.
10.3 Fan Graph
The Fan Graph is DataCurve's proprietary identity, relationship, and audience intelligence technology that helps organize and understand relationships among Users, Participating Organizations, events, experiences, communities, content, and other interactions occurring through or in connection with the Platform.
The Fan Graph enables the Platform to recognize patterns of engagement, support personalization, improve recommendations, facilitate loyalty and Rewards programs, measure engagement, support analytics, improve security, detect fraud, and enhance the overall operation of the Platform.
10.4 Personalized Experiences
You acknowledge that personalization is a fundamental feature of and for your interaction with the Platform.
Accordingly, you authorize DataCurve to use information associated with your Account, AURA ID, interactions with the Platform, preferences, interests, participation history, purchases, attendance, communications, and other information described in these Terms to provide personalized Services, recommendations, content, communications, Rewards, promotions, ticketing opportunities, merchandise, hospitality offerings, travel experiences, communities, and other Platform experiences.
Personalization may also include identifying content, organizations, experiences, products, or opportunities that DataCurve reasonably believes may be relevant to you based on your interaction with the Platform.
10.5 Participating Organizations
The Platform enables Participating Organizations to provide experiences, products, services, content, promotions, and opportunities to Users.
Subject to these Terms, the Privacy Policy, applicable law, and any applicable privacy choices made available to you, DataCurve may provide Participating Organizations with information, analytics, audience insights, or other data necessary to operate the Platform, provide Services, fulfill Rewards, measure engagement, evaluate sponsorship effectiveness, or otherwise support interactions between Users and Participating Organizations.
Nothing in this Section requires DataCurve to share any particular information with any Participating Organization.
10.6 Recognition Across the Platform
While your AURA ID may enable the Platform to recognize you across authorized Platform experiences, it reduces the need to repeatedly provide the same information and allows DataCurve to deliver a more seamless and consistent user experience.
Recognition across the Platform may also support authentication, fraud prevention, account security, loyalty programs, Rewards, and other Services.
11. ARTIFICIAL INTELLIGENCE
11.1 Purpose
Artificial intelligence is an integral component of the Platform and may be used to enhance personalization, improve user experiences, strengthen security, facilitate communications, generate analytics, support Participating Organizations, and improve the operation and performance of the Platform and the Services.
11.2 AI Services
DataCurve may use AI Services throughout the Platform to assist in providing and improving the Services. AI Services may be used for purposes including personalization, content recommendations, audience segmentation, fan recognition, loyalty and Rewards administration, sponsorship measurement, customer support, search functionality, natural language interactions, fraud detection, account security, moderation, analytics, predictive modeling, automation, and other operational or business purposes.
AI Services may also assist Participating Organizations in delivering more relevant experiences, communications, products, services, promotions, events, hospitality offerings, travel opportunities, and other interactions with Users.
11.3 Information Used by AI Services
You acknowledge and agree that AI Services may process information associated with your Account, AURA ID, User Content, interactions with the Platform, communications, preferences, interests, participation history, purchases, attendance, device information, and other information described in these Terms and the Privacy Policy to provide, improve, personalize, secure, and support the Platform and the Services.
DataCurve may also use aggregated, anonymized, pseudonymized, or de-identified information to develop, evaluate, improve, validate, and enhance AI Services and related technologies, provided such information is processed in accordance with applicable law.
11.4 AI Outputs
AI-generated content, recommendations, summaries, classifications, predictions, rankings, insights, and other outputs are generated through automated technologies and may not always be accurate, complete, current, or appropriate for every circumstance.
You are responsible for evaluating AI-generated outputs before relying upon them. Except as expressly provided by applicable law, DataCurve does not guarantee the accuracy, completeness, reliability, or suitability of AI-generated outputs.
11.5 No Professional Advice
AI-generated outputs are provided for informational and engagement purposes only and are not intended to constitute legal, medical, financial, tax, investment, employment, or other professional advice. You should consult an appropriately qualified professional before making decisions based on AI-generated information where professional advice would ordinarily be appropriate.
11.6 Human Oversight and Platform Evolution
DataCurve may review, monitor, evaluate, refine, or supplement AI-generated outputs through automated processes, human review, or a combination of both to improve the quality, safety, accuracy, security, and performance of the Platform.
DataCurve reserves the right to modify, replace, suspend, discontinue, or introduce AI Services at any time as the Platform evolves, subject to applicable law.
11.7 Ownership of AI Technologies
The AI Services, including the underlying models, algorithms, workflows, prompts, orchestration technologies, recommendation systems, training methodologies, analytics, and related technologies used by or on behalf of DataCurve in connection with the Platform, constitute proprietary technology owned by or licensed to DataCurve.
Except for the limited rights expressly granted under these Terms, nothing in these Terms transfers to you any ownership interest in or right to use, reproduce, extract, reverse engineer, train, fine-tune, benchmark, validate, or otherwise exploit the AI Services or the underlying technologies used to provide them.
11.8 Responsible Use
You agree not to use the Platform or any AI Services in a manner that is unlawful, fraudulent, deceptive, abusive, discriminatory, reputational harm or intended to interfere with the security, integrity, or operation of the Platform.
You further agree not to use the Platform, AI Services, Content, or any outputs made available through the Platform to develop, train, improve, benchmark, validate, or operate any competing artificial intelligence system, identity platform, recommendation engine, audience intelligence platform, or similar technology without DataCurve's prior written consent.
12. REWARDS, EXPERIENCES, DIGITAL ASSETS, AND COMMERCE
12.1 Purpose
The Platform may enable Users to participate in loyalty programs, receive Rewards, access exclusive experiences, obtain digital assets, purchase products or services, and engage in other commercial or promotional activities offered by DataCurve or Participating Organizations. These offerings are intended to enhance fan engagement and may vary based on eligibility, availability, geographic location, participation, or other criteria established by DataCurve or the applicable Participating Organization.
12.2 Rewards
The Platform may offer Rewards in recognition of your participation, engagement, loyalty, attendance, purchases, referrals, or other activities. Rewards may include points, badges, recognition, promotional offers, discounts, exclusive opportunities, merchandise, hospitality benefits, digital content, access privileges, or other incentives determined by DataCurve or a Participating Organization.
Unless expressly stated otherwise in writing, Rewards are promotional in nature, may be subject to eligibility requirements, expiration dates, quantity limitations, or Supplemental Terms, and may be modified, suspended, or discontinued at any time.
12.3 Experiences
The Platform may provide opportunities to participate in experiences offered by DataCurve or Participating Organizations, including live events, meet-and-greets, hospitality programs, travel packages, fan activations, exclusive content, behind-the-scenes access, VIP opportunities, community events, contests, sweepstakes, and similar experiences.
Participation in any experience may be subject to eligibility requirements, capacity limitations, geographic restrictions, payment obligations, waivers, releases, or Supplemental Terms established by DataCurve or the applicable Participating Organization.
12.4 Purchases and Commercial Offerings
The Platform may enable you to purchase or obtain products, services, memberships, subscriptions, tickets, merchandise, hospitality offerings, travel opportunities, digital content, or other commercial offerings from DataCurve or Participating Organizations.
Unless DataCurve is expressly identified as the seller or service provider, DataCurve acts solely as the provider of the Platform and is not a party to the underlying transaction between you and a Participating Organization. Transactions with Participating Organizations may be governed by separate terms, conditions, refund policies, and other agreements established by the applicable Participating Organization.
12.5 Digital Assets
The Platform may make available digital assets, digital collectibles, digital credentials, digital badges, certificates, or similar digital items. Unless expressly stated otherwise, digital assets are licensed, not sold, and confer only the rights expressly described in the applicable Supplemental Terms.
Certain Services, Rewards, digital credentials, tickets, digital assets, or other offerings may be delivered through or require the use of a compatible Digital Wallet. DataCurve may support Digital Wallets provided by DataCurve or third parties. Availability and functionality may vary by device, operating system, geographic location, or third-party provider. DataCurve does not warrant that any particular Digital Wallet will remain compatible with the Platform or any specific Service or offering.
Availability of digital assets does not constitute a representation that such assets have monetary value, investment value, resale value, or continued availability. DataCurve does not control and shall not be responsible for the availability, security, performance, operation, or policies of any third-party blockchain or digital wallet provider.
12.6 Availability
DataCurve does not guarantee that any Reward, experience, product, ticket, membership, digital asset, promotion, or other offering will be available to any particular User or remain available for any specific period of time.
DataCurve and Participating Organizations reserve the right to establish eligibility requirements, participation limits, inventory limitations, geographic restrictions, pricing, redemption requirements, expiration dates, or other conditions applicable to any offering.
12.7 Additional Terms
Certain Rewards, experiences, purchases, digital assets, or other offerings may be governed by Supplemental Terms, separate purchase agreements, event-specific terms, waiver and release agreements, or policies established by DataCurve or the applicable Participating Organization.
By participating in or obtaining any such offering, you agree to comply with all applicable Supplemental Terms and related agreements.
Certain Digital Assets may utilize third-party blockchain networks, digital wallets, custodians, payment providers, or similar technologies that are operated independently from DataCurve.
DataCurve does not control and shall not be responsible for the availability, security, performance, operation, or policies of any third-party blockchain network or wallet provider.
12.8 No Cash Value
Except where expressly required by applicable law or expressly stated by DataCurve in writing, Rewards, loyalty points, badges, digital credentials, promotional offers, and similar incentives have no cash value, are not transferable, may not be redeemed for cash, and do not constitute personal property or vested rights.
12.9 Modification and Discontinuation
DataCurve reserves the right to modify, suspend, replace, discontinue, or terminate any Reward, experience, loyalty program, digital asset, commercial offering, or related feature of the Platform at any time, with or without notice, subject to applicable law and any express contractual commitments made by DataCurve.
13. REFERRAL PROGRAMS
13.1 Availability
DataCurve may, from time to time, offer referral programs that permit eligible Users to invite other individuals to register for or use the Platform or specified Services. Participation in any referral program is voluntary and may be subject to eligibility requirements, geographic restrictions, promotional limitations, Supplemental Terms, or other conditions established by DataCurve.
13.2 Referral Rewards
Where offered, referral rewards, credits, points, discounts, promotional benefits, or other incentives may be awarded only after DataCurve determines, in its sole discretion, that all applicable eligibility requirements have been satisfied. DataCurve reserves the right to withhold, deny, cancel, or recover referral rewards if it reasonably believes that a referral program has been abused, manipulated, used fraudulently, or otherwise used in violation of these Terms or any applicable Supplemental Terms.
13.3 Prohibited Conduct
You agree not to participate in any referral program through unsolicited commercial communications, deceptive practices, creation of multiple Accounts, self-referrals, automated methods, false or misleading representations, or any other activity that interferes with the fair operation of the referral program or the Platform.
13.4 Modification or Discontinuation
DataCurve reserves the right to modify, suspend, discontinue, or terminate any referral program, in whole or in part, at any time, subject to applicable law. Participation in a referral program does not create any vested right to future rewards, incentives, or continued program availability.
14. THIRD-PARTY SERVICES AND PARTICIPATING ORGANIZATIONS
14.1 Participating Organizations
The Platform facilitates interactions among Users, Sports and Entertainment Organizations, Participating Organizations, sponsors, brands, venues, retailers, ticketing providers, travel providers, hospitality providers, payment processors, technology providers, and other third parties.
These organizations operate independently from DataCurve unless expressly stated otherwise.
14.2 Third-Party Services
The Platform may provide access to third-party products, services, websites, applications, payment processing, ticketing systems, travel services, hospitality providers, commerce platforms, social media platforms, streaming services, AI providers, and other third-party technologies.
Your use of such third-party services may be governed by separate agreements between you and the applicable provider. DataCurve does not control and shall not be responsible for the availability, security, performance, operation, or policies of any third-party services or products made available by link, or otherwise on the Platform.
14.3 Independent Responsibility
Except where expressly identified otherwise, Participating Organizations are solely responsible for their own products, services, pricing, customer support, fulfillment, promotions, policies, events, ticketing, merchandise, travel experiences, hospitality offerings, and business practices.
DataCurve does not control and is not responsible for the quality, legality, availability, performance, or accuracy of products or services offered by Participating Organizations, and therefor DataCurve does not control and shall not be responsible for the availability, security, performance, operation or policies of any third-party network or system.
14.4 Changes to Integrations
DataCurve may add, modify, suspend, or discontinue integrations with Participating Organizations or third-party providers at any time without liability.
15. INTELLECTUAL PROPERTY RIGHTS
15.1 Ownership
The Platform and all associated intellectual property, including FanZone, AURA ID, the Fan Graph, AI Services, software, source code, object code, APIs, databases, user interfaces, graphics, reports, documentation, algorithms, predictive models, taxonomies, audience models, engagement models, recommendation engines, digital assets, trademarks, service marks, logos, copyrights, patents, trade secrets, and all other proprietary technology and Content (collectively, the “DataCurve Intellectual Property”) are owned by or licensed to DataCurve and are protected by United States and international intellectual property laws.
15.2 Reservation of Rights
Except for the limited license expressly granted under Section 4, no ownership rights are transferred to you.
All rights not expressly granted remain reserved by DataCurve and its licensors.
15.3 Restrictions
You shall not copy, reproduce, distribute, publish, display, perform, modify, create derivative works from, reverse engineer, decompile, disassemble, scrape, mine, extract, train competing AI models upon, exploit, commercialize, or otherwise use any DataCurve Intellectual Property except as expressly authorized by DataCurve in writing or permitted by applicable law.
Without limiting the foregoing, you shall not use the Platform or any Content, metadata, audience information, engagement information, analytics, AI outputs, or other information made available through the Platform for the purpose of developing, training, improving, benchmarking, or validating any competing product, service, recommendation engine, analytics platform, identity graph, machine learning model, or artificial intelligence system.
15.4 Trademarks
“DataCurve,” “FanZone,” “AURA ID,” “FanConnect,” “Fan Graph,” together with all associated logos, product names, slogans, and branding elements, are trademarks or service marks owned by DataCurve or its licensors.
Nothing contained in these Terms grants you any right to use such marks without DataCurve’s prior written consent.
15.5 Feedback
If you provide suggestions, ideas, comments, feature requests, enhancement requests, recommendations, or other feedback regarding the Platform (“Feedback”), you hereby irrevocably assign to DataCurve all right, title, and interest in and to such Feedback.
DataCurve may use, modify, commercialize, publish, disclose, reproduce, license, distribute, incorporate, or otherwise exploit Feedback without restriction, attribution, or compensation.
15.6 Reservation of Technology Rights
The architecture, design, structure, organization, taxonomies, schemas, relationship models, engagement scoring methodologies, identity graph technologies, audience intelligence systems, predictive analytics, AI models, recommendation systems, and other underlying technologies utilized by the Platform constitute valuable trade secrets and proprietary technology of DataCurve.
Nothing contained in these Terms shall be construed as granting any User any ownership interest in or right to access, inspect, reproduce, derive, or otherwise exploit such technologies.
16. SUSPENSION AND TERMINATION
16.1 Suspension of Access
DataCurve reserves the right, in its sole discretion and without prior notice where permitted by applicable law, to suspend, restrict, deactivate, or limit your access to all or any portion of the Platform if DataCurve reasonably determines that: (a) you have violated these Terms or applicable law; (b) information associated with your Account is false, misleading, incomplete, or fraudulent; (c) your conduct threatens the security, integrity, availability, or operation of the Platform; (d) your conduct may expose DataCurve, Participating Organizations, Sports and Entertainment Organizations, or other Users to legal, regulatory, operational, financial, or reputational risk; (e) your Account has been used for unauthorized, deceptive, abusive, or fraudulent purposes; or (f) suspension is otherwise necessary to protect the Platform or comply with applicable law.
16.2 Termination
DataCurve may terminate your Account or your right to access the Platform at any time if it reasonably determines that termination is appropriate under the circumstances described in Section 16.1 or otherwise permitted by these Terms or applicable law.
You may terminate your Account at any time by following the procedures made available through the Platform.
16.3 Effect of Termination
Upon termination, all licenses granted to you under these Terms immediately cease. You shall immediately discontinue use of the Platform.
Termination shall not affect any rights or obligations accrued prior to termination, including obligations relating to payments, confidentiality, intellectual property, User Content, indemnification, releases, dispute resolution, or limitations of liability.
Following suspension or termination, DataCurve may retain information associated with your Account for the period reasonably necessary to comply with applicable law, resolve disputes, prevent fraud, enforce these Terms, preserve business records, satisfy contractual obligations, protect Platform security, and exercise other legitimate business interests described in the Privacy Policy.
Any provision of these Terms that by its nature should survive suspension or termination shall survive, including provisions relating to intellectual property, licenses, User Content, privacy, data rights, indemnification, disclaimers, releases, limitations of liability, dispute resolution, governing law, and miscellaneous provisions.
17. DISCLAIMER OF WARRANTIES
17.1 Platform Provided "As Is"
Except as expressly provided in these Terms or where otherwise required by applicable law, the Platform, the Services, Content, AI Services, Rewards, experiences, digital assets, and all other functionality made available by DataCurve are provided on an "AS IS" and "AS AVAILABLE" basis, with all faults and without warranties or representations of any kind, whether express, implied, statutory, or otherwise.
17.2 Disclaimer of Warranties
To the fullest extent permitted by applicable law, DataCurve disclaims all warranties and conditions, whether express, implied, statutory, or otherwise, including any implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, quiet enjoyment, accuracy, availability, reliability, security, compatibility, uninterrupted operation, and any warranties arising from a course of dealing, course of performance, usage, or trade practice.
17.3 No Guarantee of Platform Availability
DataCurve does not warrant or guarantee that the Platform or any Service will be uninterrupted, error-free, secure, continuously available, or free from viruses, malicious code, cybersecurity incidents, or other harmful components.
DataCurve may suspend, modify, remove, replace, or discontinue any portion of the Platform at any time, subject to applicable law.
17.4 Third-Party Services
DataCurve makes no warranty or representation regarding any Third-Party Service, Participating Organization, event, ticket, travel opportunity, hospitality offering, merchandise, promotion, or any other offerings or services made available through or in connection with the Platform. The User agrees to hold DataCurve harmless from and against any claim, loss, damage or liability (including reasonable attorneys’ fees and costs of enforcement of the foregoing indemnification obligation) arising out of or resulting from any act involving the User and third parties while using any services derived or relating to the Platform. This indemnity shall survive the termination of this Agreement.
17.5 AI Services
AI-generated outputs, recommendations, summaries, classifications, predictions, rankings, and other AI-generated information are provided for informational and engagement purposes only.
DataCurve does not warrant that AI-generated outputs will be accurate, complete, current, reliable, or suitable for any particular purpose and disclaims responsibility for decisions made in reliance upon such outputs.
17.6 User Content and Third-Party Content
DataCurve does not endorse, verify, or guarantee the accuracy, legality, completeness, or reliability of User Content or Third-Party Content and is not responsible for any loss or damage arising from your reliance upon such Content.
17.7 Jurisdictional Limitations
Because some jurisdictions do not permit the exclusion or limitation of certain warranties, some of the foregoing disclaimers may not apply to you. In such jurisdictions, the foregoing disclaimers shall apply to the maximum extent permitted by applicable law.
18. LIMITATION OF LIABILITY
18.1 Allocation of Risk
You acknowledge and agree that the disclaimers, limitations of liability, releases, and other risk allocation provisions contained in these Terms are fundamental elements of the agreement between you and DataCurve. The Platform and the Services are made available in reliance upon these provisions, which reflect a reasonable allocation of risk between the parties and form an essential basis of the bargain.
18.2 Limitation of Liability
To the fullest extent permitted by applicable law, neither DataCurve nor its affiliates, licensors, service providers, contractors, officers, directors, employees, agents, successors, or assigns shall be liable for any indirect, incidental, consequential, special, exemplary, punitive, or enhanced damages, or for any loss of profits, revenue, business opportunities, goodwill, anticipated savings, or data, arising out of or relating to the Platform, the Services, these Terms, or your access to or use of the Platform, regardless of the theory of liability and even if advised of the possibility of such damages.
18.3 Liability Cap
To the fullest extent permitted by applicable law, the aggregate liability of DataCurve and the other DataCurve Parties arising out of or relating to the Platform, the Services, or these Terms shall not exceed the greater of (a) Twenty-Five Dollars (US$25.00), or (b) the total amount, if any, that you paid directly to DataCurve for access to the applicable Service during the twelve (12) months immediately preceding the event giving rise to the claim.
18.4 Scope of Limitations
The limitations set forth in this Section apply to all claims arising under or relating to these Terms, the Platform, the Services, User Content, AI Services, Rewards, experiences, Digital Credentials, Digital Wallets, Third-Party Services, Participating Organizations, or any other feature or functionality made available through the Platform, whether asserted in contract, tort (including negligence), strict liability, statute, or any other legal or equitable theory.
Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law.
19. RELEASE OF CLAIMS
19.1 Release
To the fullest extent permitted by applicable law, you voluntarily release and forever discharge DataCurve and its affiliates, licensors, service providers, contractors, officers, directors, employees, and agents from any and all claims, demands, causes of action, liabilities, damages, losses, costs, and expenses arising out of or relating to your access to or use of the Platform, the Services, Rewards, Digital Credentials, Digital Wallets, AI Services, User Content, Third-Party Content, Third-Party Services, or your interactions with any Participating Organization, except to the extent such claims arise from liabilities that cannot lawfully be released or waived under applicable law.
This release applies regardless of the legal theory asserted and includes claims arising from events, promotions, contests, hospitality offerings, travel-related offerings, ticketing, commerce transactions, or other activities or opportunities made available through or in connection with the Platform.
19.2 California Civil Code Section 1542
If you are a California resident, you acknowledge that you have read and understand Section 1542 of the California Civil Code, which provides:
"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY."
To the fullest extent permitted by applicable law, you expressly waive any rights or benefits available under California Civil Code Section 1542, or any similar law of any jurisdiction, with respect to the claims released under these Terms.
19.3 Non-Waivable Rights
Nothing in this Section limits or releases any claim or right that cannot lawfully be released, waived, or limited under applicable law.
19.4 Disclaimer of Damages
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NONE OF THE RELEASED PARTIES SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, ENHANCED, OR MULTIPLE DAMAGES, OR FOR ANY LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF GOODWILL, LOSS OF DATA, LOSS OF REVENUE, LOSS OF BUSINESS OPPORTUNITY, LOSS OF ANTICIPATED SAVINGS, DIMINUTION OF VALUE, BUSINESS INTERRUPTION, OR COST OF SUBSTITUTE GOODS OR SERVICES, REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
20. USER RESPONSIBILITY AND ASSUMPTION OF RISK
20.1 User Decisions
You are solely responsible for your decisions, actions, and interactions arising from or relating to your access to or use of the Platform and the Services. You acknowledge that DataCurve provides a technology platform that facilitates identity, engagement, personalization, Rewards, experiences, and interactions with Participating Organizations, but does not control or guarantee the conduct, offerings, or performance of any Participating Organization or Third-Party Service.
20.2 Participation in Activities
Your participation in events, promotions, contests, loyalty programs, travel, hospitality offerings, ticketed experiences, commerce transactions, or other activities made available through or in connection with the Platform is voluntary and undertaken at your own discretion. You are responsible for determining whether any such activity, offering, or opportunity is appropriate for you.
20.3 AI Services and Recommendations
AI Services and personalized recommendations are intended to enhance your experience with the Platform. You acknowledge that AI-generated outputs, recommendations, rankings, summaries, and other information may not always be accurate, complete, or appropriate for your particular circumstances. You remain solely responsible for evaluating and relying upon any information or recommendations provided through the Platform.
20.4 Third-Party Relationships
Any transaction, agreement, purchase, reservation, booking, donation, sponsorship, or other relationship that you enter into with a Participating Organization or other third party is solely between you and that third party unless DataCurve expressly states otherwise in applicable Supplemental Terms. DataCurve is not responsible for the acts, omissions, products, services, policies, or contractual obligations of any Participating Organization or other third party.
20.5 Digital Credentials and Digital Wallets
The Platform may enable you to receive, store, manage, present, or use Digital Credentials through one or more Digital Wallets. Depending on the applicable Service, a Digital Wallet may be provided or managed by DataCurve, by a Participating Organization, by a third-party provider, or by you.
Where you elect to use or maintain your own Digital Wallet, you are responsible for maintaining access to that Digital Wallet and for safeguarding your associated devices, credentials, authentication methods, and account information. Where DataCurve provides or manages a Digital Wallet or stores Digital Credentials on your behalf as part of the Services, DataCurve will exercise commercially reasonable care in providing those Services, but you remain responsible for maintaining the security of your Account credentials, especially any passwords and access codes of any kind, and promptly notifying DataCurve of any unauthorized access to your Account.
Availability and functionality of Digital Wallets and Digital Credentials may vary by Service, device, operating system, geographic location, or third-party provider.
20.6 Assumption of Risk
To the fullest extent permitted by applicable law, you knowingly and voluntarily assume the ordinary risks associated with accessing and using the Platform and participating in activities, experiences, and offerings made available through or in connection with the Platform. Nothing in this Section limits any rights or remedies that cannot lawfully be waived under applicable law.
21. INDEMNIFICATION
21.1 User Indemnification
You agree to indemnify, defend (at DataCurve's election), and hold harmless DataCurve, its affiliates, licensors, service providers, officers, directors, employees, contractors, agents, successors, and assigns from and against any third-party claims, actions, proceedings, damages, judgments, settlements, losses, liabilities, costs, and reasonable attorneys' fees arising out of or relating to: (a) your breach of these Terms or any applicable Supplemental Terms; (b) your User Content; (c) your misuse of the Platform or the Services; (d) your violation of applicable law or the rights of any third party; or (e) your fraud, willful misconduct, or other unlawful acts.
21.2 Defense and Cooperation
DataCurve reserves the right to assume the exclusive defense and control of any matter subject to indemnification at its own expense. If DataCurve elects to do so, you agree to cooperate reasonably with the defense and settlement of the matter. You may not settle any claim subject to this Section without DataCurve's prior written consent if the settlement imposes any obligation on, or admits liability by, DataCurve.
21.3 Survival
Your obligations under this Section survive the suspension or termination of your Account, your use of the Platform, and these Terms.
22. DISPUTE RESOLUTION
22.1 Informal Resolution
DataCurve believes that most disputes can be resolved quickly and efficiently without formal legal proceedings. Before initiating arbitration or filing a lawsuit for any dispute arising out of or relating to these Terms or the Platform, the party asserting the dispute agrees to provide written notice describing the nature of the dispute and the relief requested.
The parties agree to make a good faith effort to resolve the dispute informally for at least thirty (30) days after the notice is received before commencing arbitration or other legal proceedings, unless immediate injunctive relief is necessary.
22.2 Binding Arbitration
Except as otherwise provided in these Terms, any dispute, claim, or controversy arising out of or relating to these Terms, the Platform, or the Services shall be resolved by binding arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules then in effect.
Judgment on the arbitration award may be entered in any United States court having jurisdiction.
22.3 Exceptions
Nothing in this Section prevents either party from:
(a) bringing an individual action in a court of competent jurisdiction that qualifies for small claims court;
(b) seeking temporary, preliminary, or permanent injunctive or other equitable relief to protect intellectual property, confidential information, or other proprietary rights; or
(c) pursuing any remedy that applicable law does not permit to be resolved through arbitration.
22.4 Class Action Waiver
To the fullest extent permitted by applicable law, each party agrees that any dispute shall be brought solely in that party's individual capacity and not as a plaintiff, claimant, or class member in any purported class action, collective action, consolidated action, representative action, or private attorney general proceeding.
Unless both parties agree otherwise, the arbitrator may not consolidate the claims of multiple parties or preside over any representative or class proceeding.
22.5 Jury Trial Waiver
To the fullest extent permitted by applicable law, each party knowingly and voluntarily waives any right to a trial by jury for any dispute permitted to be litigated in court under these Terms.
22.6 Governing Law and Venue
These Terms are governed by the laws of the State of California, without regard to its conflict of laws principles.
The Federal Arbitration Act governs the interpretation and enforcement of this Section 22.
For any dispute not subject to arbitration, the state and federal courts located in Santa Clara County, California shall have exclusive jurisdiction, and each party irrevocably submits to the jurisdiction of those courts.
23. ELECTRONIC COMMUNICATIONS
By creating an Account, accessing the Platform, or using the Services, you consent to receive communications from DataCurve electronically, including by email, text message (where permitted), in-Platform notifications, push notifications, or through other electronic means.
You agree that electronic communications satisfy any legal requirement that communications be in writing.
You are responsible for maintaining accurate contact information associated with your Account.
24. CHANGES TO THE PLATFORM AND THESE TERMS
24.1 Changes to the Platform
DataCurve continually develops and improves the Platform. Accordingly, DataCurve may add, modify, suspend, discontinue, or replace features, functionality, content, Digital Credentials, AI Services, Rewards, or other aspects of the Platform at any time.
Where reasonably practicable, DataCurve will endeavor to provide advance notice of material changes that significantly affect the Platform.
24.2 Changes to these Terms
DataCurve may modify these Terms from time to time to reflect changes in the Platform, applicable law, business practices, or other operational needs.
When required by applicable law, DataCurve will provide notice of material changes before they become effective.
Your continued access to or use of the Platform after the effective date of updated Terms constitutes your acceptance of the revised Terms.
If you do not agree to the revised Terms, you must discontinue your use of the Platform.
25. GOVERNING LAW
Except as otherwise provided in Section 22 (Dispute Resolution), these Terms are governed by the laws of the State of California, without regard to its conflict of laws principles. Nothing in these Terms limits any non-waivable rights or protections available under applicable law.
26. GENERAL PROVISIONS
26.1 Entire Agreement
These Terms, together with any applicable Supplemental Terms, the Privacy Policy, and any documents expressly incorporated by reference, constitute the entire agreement between you and DataCurve regarding the Platform and supersede all prior or contemporaneous understandings relating to the same subject matter.
26.2 Assignment
You may not assign or transfer these Terms or any rights or obligations under them without DataCurve's prior written consent.
DataCurve may assign these Terms in connection with a merger, acquisition, corporate reorganization, sale of assets, financing transaction, or by operation of law, or to an affiliate.
26.3 Severability
If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect to the fullest extent permitted by applicable law.
26.4 Waiver
A failure or delay by either party to exercise any right or remedy under these Terms shall not constitute a waiver of that right or remedy.
Any waiver must be in writing and applies only to the specific instance for which it is given.
26.5 Force Majeure
DataCurve is not responsible for delays or failures in performance caused by events beyond its reasonable control, including natural disasters, acts of government, war, terrorism, civil unrest, labor disputes, widespread internet or telecommunications failures, cyber incidents, power outages, public health emergencies, or similar events.
26.6 Survival
Any provisions that by their nature should survive termination of these Terms shall survive, including provisions relating to intellectual property, payment obligations, disclaimers, limitations of liability, releases, indemnification, dispute resolution, governing law, and any accrued rights or obligations.
26.7 No Third-Party Beneficiaries
Except where these Terms expressly provide otherwise, they are solely for the benefit of you and DataCurve and do not create any rights in favor of any third party.
26.8 Interpretation
Headings are included for convenience only and do not affect interpretation. The words "including," "includes," and "such as" are deemed to be followed by "without limitation." These Terms shall not be construed against either party based upon authorship.
27. CONTACT INFORMATION
Questions about these Terms or the Platform may be directed to:
DataCurve
Website: https://www.datacurve.io
Email: [email protected]
Privacy Policy: https://www.datacurve.io/privacy-policy
Mailing Address: 276 State Street, Los Altos, CA 94022
If you are providing a legal notice required under these Terms, you must send it to the mailing address above (or any updated address identified by DataCurve) and, where available, by email to the designated legal contact.