Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") form a legally binding agreement between you and Curiosity Boost ("Company," "we," "us," or "our"), a digital agency based in Sacramento, California. By accessing or using the Curiosity Boost website (curiosityboost.com) or engaging our services, you agree to be bound by these Terms. If you do not agree with any part of these Terms, you may not access the Website or use our services.

Where you enter into a separate written services agreement, proposal, or statement of work with us, that agreement governs the specific engagement and, in the event of a conflict, controls over these Terms with respect to that engagement.

2. Eligibility

You must be at least 18 years old and capable of forming a binding contract to use our services. If you use the Website or engage our services on behalf of an organization, you represent that you have authority to bind that organization to these Terms.

3. Description of Services

Curiosity Boost provides digital agency services including but not limited to:

• Web design and development
• Mobile application development
• Digital marketing, SEO, and paid advertising
• Branding and identity design
• E-commerce solutions
• Content marketing
• Social media marketing

The specific scope, deliverables, timelines, and fees for any engagement are set out in the applicable proposal or statement of work.

4. Acceptable Use

When using the Website or our services, you agree that you will not:

• Violate any applicable law, regulation, or third-party right;
• Upload or transmit malware, or attempt to gain unauthorized access to the Website, our systems, or other users' data;
• Interfere with or disrupt the integrity or performance of the Website, including through automated scraping, denial-of-service activity, or circumventing security or rate-limiting measures;
• Use the Website or services to send spam or unsolicited communications, or to distribute unlawful, defamatory, harassing, or infringing content;
• Reverse engineer or copy any part of the Website except as permitted by law; or
• Misrepresent your identity or affiliation.

We may suspend or terminate access for any conduct that we reasonably believe violates these Terms or is harmful to us, our users, or third parties.

5. Client Responsibilities

When engaging our services, you agree to:

• Provide accurate and complete information necessary for project completion;
• Respond to communications in a timely manner;
• Provide feedback and approvals within agreed timeframes;
• Ensure you have all rights to any content, materials, or intellectual property you provide to us;
• Comply with all applicable laws and regulations; and
• Make payments according to agreed terms.

6. Project Terms

6.1 Proposals and Quotes

All proposals and quotes are valid for 30 days unless otherwise specified. Project scope, timelines, and pricing are subject to change based on evolving requirements.

6.2 Project Timeline

Project timelines are estimates and may be affected by factors including client feedback delays, scope changes, and third-party dependencies. We will communicate any significant timeline changes promptly.

6.3 Revisions and Scope Changes

Each project includes a specified number of revision rounds as outlined in the project agreement. Additional revisions or work beyond the agreed scope ("out-of-scope work") may be subject to a written change order and additional charges.

7. Payment Terms

Payment terms are specified in individual project agreements. Generally:

• A deposit (typically 50%) is required before project commencement;
• Milestone payments may be required for larger projects;
• Final payment is due upon project completion or delivery;
• Invoices are payable within the period stated on the invoice; late payments may incur interest of 1.5% per month (or the maximum permitted by law, whichever is lower);
• Work may be suspended for accounts more than 30 days past due; and
• Fees are exclusive of applicable taxes; you are responsible for any sales, use, or similar taxes other than taxes based on our net income.

Recurring or retainer services renew and are billed as described in the applicable agreement until cancelled in accordance with those terms. Refunds, where available, are governed by our Refund Policy.

8. Intellectual Property

8.1 Client Materials

You retain all rights to materials you provide to us (logos, content, images, data, etc.). You grant us a non-exclusive license to use those materials solely for the purpose of performing the services.

8.2 Deliverables

Upon receipt of full payment for the applicable engagement, you will own the final deliverables created specifically for your project, excluding any pre-existing or third-party materials. Until full payment is received, all rights in the deliverables remain with us.

8.3 Pre-Existing and Company Materials

We retain ownership of our pre-existing tools, code libraries, frameworks, templates, know-how, and methodologies used to create the deliverables. To the extent any such materials are incorporated into a deliverable, we grant you a non-exclusive, royalty-free license to use them as part of that deliverable.

8.4 Third-Party Assets

Some projects may include third-party assets (stock photos, fonts, plugins) subject to their own licenses. We will inform you of any licensing requirements or costs; you are responsible for maintaining those licenses.

8.5 Portfolio Rights

Unless otherwise agreed in writing, we may display completed work in our portfolio and marketing materials and identify you as a client.

8.6 Website Content

All content on the Website (text, graphics, logos, and code), other than client materials, is owned by or licensed to us and is protected by intellectual-property laws.

9. Confidentiality

Both parties agree to keep confidential any non-public proprietary information disclosed during the engagement, including business strategies, trade secrets, client data, and technical implementations, and to use such information only as necessary to perform under the agreement. This obligation does not apply to information that is or becomes public through no fault of the receiving party, or that is required to be disclosed by law.

10. Warranties and Disclaimers

We warrant that our services will be performed in a professional manner consistent with generally accepted industry standards. However:

• We do not guarantee specific business outcomes or results;
• SEO, advertising, and marketing results depend on many factors beyond our control;
• Third-party services and platforms may change without notice; and
• We are not responsible for the acts or omissions of third-party service providers.

EXCEPT AS EXPRESSLY STATED IN THESE TERMS OR AN APPLICABLE WRITTEN AGREEMENT, OUR SERVICES AND THE WEBSITE ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, CURIOSITY BOOST SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUES, DATA, OR GOODWILL, WHETHER INCURRED DIRECTLY OR INDIRECTLY.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL AGGREGATE LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR OUR SERVICES SHALL NOT EXCEED THE AMOUNT PAID BY YOU FOR THE SPECIFIC SERVICE GIVING RISE TO THE CLAIM DURING THE THREE (3) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

12. Indemnification

You agree to indemnify and hold harmless Curiosity Boost, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising from:

• Your use of our services or the Website;
• Materials you provide that infringe or misappropriate third-party rights;
• Your violation of these Terms; or
• Your violation of any applicable law.

13. Termination

Either party may terminate a project with written notice. Upon termination:

• You are responsible for payment of all work completed to date;
• Any deposits paid are non-refundable unless otherwise agreed;
• You receive all completed work for which payment has been made; and
• Both parties return or destroy the other's confidential information.

Provisions that by their nature should survive termination (including intellectual property, confidentiality, warranties, limitation of liability, indemnification, and governing law) will survive.

14. Governing Law & Dispute Resolution

These Terms are governed by and construed in accordance with the laws of the State of California, without regard to its conflict-of-law principles.

Any disputes arising from these Terms shall first be addressed through good-faith negotiation. If unresolved, the parties agree that the exclusive venue and jurisdiction for any dispute shall be the state and federal courts located in Sacramento County, California, and each party consents to personal jurisdiction there. Where the parties have agreed to arbitration in a signed agreement, such arbitration shall be administered in accordance with the rules of the American Arbitration Association and shall take place in Sacramento County, California.

15. Force Majeure

Neither party shall be liable for delays or failure to perform due to circumstances beyond its reasonable control, including natural disasters, war, terrorism, epidemics, strikes, utility or internet outages, or government actions.

16. Modifications to Terms

We reserve the right to modify these Terms at any time. Changes will be effective upon posting to the Website, and we will update the "Last updated" date. Your continued use of the Website or services after changes take effect constitutes acceptance of the modified Terms.

17. Severability

If any provision of these Terms is found to be unenforceable, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will continue in full force and effect.

18. Entire Agreement

These Terms, together with any project-specific agreements and the policies referenced herein (including our Privacy Policy and Refund Policy), constitute the entire agreement between you and Curiosity Boost regarding your use of our Website and services.

19. Contact Information

For questions about these Terms, please contact us at:

Curiosity Boost
3104 O St
Sacramento, CA 95816
United States

Email: legal@curiosityboost.com
Phone: 916-822-9882