Acceptance of Terms

1.By utilizing the services provided by Cura, you acknowledge and agree to comply with these terms of use and conditions.

Service Description

2.Cura offers companionship services for guests during recreational activities, such as visits to zoos, movies, and other leisurely pursuits, as well as doctor’s office appointments. Companions are not medical professionals and do not provide medical advice or treatment.

Guest Responsibilities

3.Guests are responsible for all costs associated with participation in recreational activities or doctor’s office appointments, including but not limited to tickets, entry fees, transportation, and any other expenses. Cura does not assume any responsibility or liability for these costs.

Assumption of Risks

4.Guests understand and acknowledge that participation in recreational activities or visits to doctor’s offices carries inherent risks. Guests voluntarily assume all risks associated with these activities and agree that Cura is not liable for any accidents, injuries, damages, or losses incurred during the course of such activities.

Companion Services

5.Companions provided by Cura are solely responsible for offering companionship and support during recreational activities and doctor’s office visits. They are not liable for any accidents, injuries, damages, or losses that may occur during these activities.

Privacy and Confidentiality

6.Cura is committed to maintaining the privacy and confidentiality of guest information. Companions are required to adhere to a strict privacy policy and to respect the confidentiality of all guest interactions.

Limitation of Liability

7.Cura shall not be held responsible for any direct, indirect, incidental, consequential, or special damages incurred by guests or third parties as a result of utilizing the services. This includes but is not limited to personal injuries, property damage, or any other losses arising from the services provided by Cura.

Indemnity

8.Guests agree to indemnify and hold Cura, its employees, agents, and affiliates harmless from any claims, expenses, damages, or liabilities arising out of or in connection with the use of Cura’s services.

Governing Law and Jurisdiction

9.These terms of use and conditions shall be governed by and interpreted in accordance with the laws of [Jurisdiction]. Any disputes arising out of or relating to these terms shall be subject to the exclusive jurisdiction of the courts in [Jurisdiction].

Modifications

10.Cura reserves the right to modify or update these terms of use and conditions at any time. Any changes will be effective upon posting on the Cura website or notifying guests through other reasonable means.

Additional Fees and Pricing

11.1. Time of Day, Traffic, and Holidays

Cura reserves the right to apply additional fees based on the service type, time of day, traffic conditions, and holidays. During peak hours or heavy traffic, an extra fee may be added to the standard service charge. Similarly, fees may vary during holidays or specific events. Any additional fees will be communicated to the guest prior to confirming the service.

11.2. Weekends and Busy Hours

Cura may implement different pricing structures during weekends and busy hours to account for increased demand. Guests will be informed of the applicable fees before scheduling or confirming the service.

11.3. Number of Passengers or Service Users

The fees may vary depending on the number of passengers or service users. Cura reserves the right to adjust the pricing based on the number of individuals requiring companionship during the activities or appointments.

11.4. Transparent Pricing

Cura is committed to providing transparent pricing to its guests. All additional fees and charges, including those related to time of day, traffic, holidays, and number of passengers, will be clearly communicated to the guest before finalizing the service booking.

11.5. Changes in Fees

Cura reserves the right to modify its pricing structure and fees at any time. However, any changes in fees will not affect the pricing of services already booked or scheduled prior to the change.

Promotional Codes, Advertisements, and Offers

12.1. Promotional Codes

Cura may offer promotional codes or discounts from time to time. These codes are subject to specific terms and conditions and are only applicable during the specified validity period. Cura reserves the right to modify or cancel any promotional code at its discretion.

12.2. Advertisements and Third-Party Offers

Cura may display advertisements or promotions from third-party companies or service providers within its app or website. These offers and advertisements are provided for informational purposes only, and Cura does not endorse or assume any responsibility for the products, services, or content offered by third parties.

Payment and Fees

13.1. Payment Terms

Guests are responsible for making timely and full payments for the services provided by Cura. Payment methods and terms will be communicated to the guest during the booking process. Failure to make payments as required may result in the cancellation or suspension of services.

13.2. Damage Repair or Cleaning Fees

In the event that guests or passengers cause damage to the vehicle or require excessive cleaning due to their actions, Cura reserves the right to charge additional fees to cover repair or cleaning expenses. These fees will be communicated to the guest and deducted from the provided payment method.

13.3. Liability for Damages

Guests or passengers are solely responsible for any damages they cause to the vehicle, property, or belongings of Cura, its employees, or its companions during the provision of services. Cura will make reasonable efforts to resolve such matters, and guests agree to fully cooperate and compensate for any damages or losses incurred.

Disclaimers, Limitation of Liability, and Indemnity

14.1. Disclaimers

Cura provides its services on an “as is” basis, and while it strives to deliver high-quality and reliable companionship services, Cura does not warrant or guarantee the availability, accuracy, or suitability of its services for any specific purpose.

14.2. Limitation of Liability

Cura shall not be liable for any direct, indirect, incidental, consequential, or special damages arising out of or in connection with the services provided. This includes but is not limited to personal injuries, property damage, loss of data, or any other losses.

14.3. Indemnity

Guests agree to indemnify and hold Cura, its employees, agents, and affiliates harmless from any claims, expenses, damages, or liabilities arising out of or in connection with their use of Cura’s services, including but not limited to damages caused by their actions or any violation of these terms of use and conditions.

Service Delays and Liability

15.1. Service Timeliness

Cura endeavors to provide services in a timely manner as requested and required by the guests. However, unforeseen circumstances, including traffic conditions or other external factors, may occasionally cause delays. Cura will make reasonable efforts to minimize such delays and keep guests informed.

15.2. No Responsibility for Delays

Cura does not assume any responsibility or liability for delays in service provision. Guests acknowledge and agree that Cura shall not be held accountable for any costs, damages, or losses incurred as a result of service delays, including missed appointments, events, or any other inconveniences.

15.3. Guest Responsibility

It is the guest’s responsibility to schedule services with sufficient time allowance to account for any potential delays. Cura encourages guests to plan ahead and consider external factors that may impact service timing.

15.4. Waiver of Liability

By utilizing Cura’s services, guests waive any claims or liability against Cura, its employees, agents, and companions for any costs, damages, or losses arising from service delays.

Text Messaging Services

16.1. Communication via Text Messaging

Cura utilizes text messaging services to facilitate communication between guests, drivers, and companions. By signing these terms and conditions, guests and drivers agree to receive text messages related to service updates, booking confirmations, and other relevant information.

16.2. Consent and Agreement

Guests and drivers acknowledge and agree to the use of text messaging as a communication method. They understand that standard text messaging rates and fees may apply, as determined by their respective phone service providers.

16.3. Responsibility for Text Messaging Fees

Cura shall not be held responsible for any fees or charges incurred by guests or drivers for text messaging services. It is the sole responsibility of the individual to ensure they have the necessary text messaging plan or account balance to cover any related charges.

16.4. Opting Out

Guests and drivers have the option to unsubscribe from text messaging services at any time by contacting Cura’s customer support. However, by opting out, they acknowledge that they may miss important service-related information.

16.5. Privacy and Confidentiality

Cura is committed to maintaining the privacy and confidentiality of all text message communications. The content of text messages exchanged between guests, drivers, and companions shall be treated in accordance with Cura’s privacy policy.

App Information and Confidentiality

17.1. In-Service Use Only

Users of the app agree that the information provided within the app is intended for in-service use only. They are prohibited from using or disclosing any information obtained from the app outside of its intended purpose.

17.2. Confidentiality

Cura values the privacy and confidentiality of its users’ information. Users agree to treat all information obtained through the app as confidential and shall not disclose, distribute, or use such information for any purposes other than those directly related to using the app’s services.

17.3. Data Protection

Cura implements reasonable measures to protect the confidentiality and security of user information within the app. However, users acknowledge that no data transmission over the internet or electronic storage system can be guaranteed to be completely secure.

17.4. User Responsibilities

Users are responsible for maintaining the confidentiality of their login credentials and for any activities that occur under their account. They agree to notify Cura immediately of any unauthorized access or use of their account.

17.5. Compliance with Applicable Laws

Users agree to comply with all applicable laws and regulations regarding the use and protection of information obtained through the app. They shall not engage in any unlawful activities or misuse any information obtained from the app.

User Information Accuracy and Truthfulness

18.1. User Responsibility

Users of the Cura app agree to provide accurate, truthful, and up-to-date information when using the services. This includes personal details, contact information, medical information, and any other information requested by the app.

18.2. Verification and Reliance

Cura relies on the accuracy and truthfulness of the information provided by users. Users understand that Cura may verify the information provided, and any false or misleading information may result in the termination of services and legal consequences.

18.3. Indemnification

Users agree to indemnify and hold Cura harmless from any claims, damages, or liabilities arising out of the provision of inaccurate or false information. Users bear sole responsibility for any consequences resulting from the use of inaccurate or false information.

18.4. Privacy and Data Protection

Cura is committed to protecting the privacy and confidentiality of user information in accordance with applicable privacy laws and its privacy policy. Users are encouraged to review the privacy policy to understand how their information is collected, used, and safeguarded.

Description of Services and Responsibilities for Wheelchair Users

19.1. Service Description

Cura app provides ride and companion services to its users. It is important to note that the drivers and companions provided through the app are not medical professionals. Their role is to provide companionship and assistance during specified activities, but they are not qualified to provide medical care or assistance to individuals who are sick or in need of medical attention.

19.2. Companionship Services

Cura drivers and companions are available to accompany guests during various activities and appointments. These companionship services aim to provide support, engagement, and assistance to the guests as needed.

19.3. Wheelchair User Services

Cura drivers agree to carry wheelchairs and assist wheelchair users in getting in and out of the vehicle. By signing these terms and conditions, drivers confirm that they have an appropriate vehicle capable of accommodating wheelchair users. They further affirm their ability to safely assist the wheelchair user in boarding and exiting the vehicle.

19.4. Safety and Care for Wheelchair Users

Drivers acknowledge their responsibility to ensure the safety and well-being of wheelchair users during transportation. They will exercise due care when handling wheelchairs, assisting the user in transferring to and from the vehicle, and ensuring the proper securement of the wheelchair inside the vehicle.

19.5. User Responsibility

Wheelchair users should be capable of independently transferring to and from their wheelchair and following any instructions provided by the driver for a safe and comfortable experience. Users are responsible for informing Cura of any specific requirements or instructions related to their wheelchair use.

Limitation of Responsibility

20.1. Companion Role

Cura app provides companionship services to its users. The companions are not medical professionals and do not have the expertise or qualifications to diagnose, treat, or provide medical advice. They are solely there to provide companionship and assistance during specified activities.

20.2. Health Conditions

Cura does not assume any responsibility for the health conditions or medical needs of its users. It is the sole responsibility of the users to assess their own health condition and ensure that they are fit and able to participate in the requested activities. Users should consult with their healthcare providers for any medical concerns or advice.

20.3. User’s Responsibility

Users acknowledge that they are responsible for their own health and well-being during the activities facilitated by Cura. They should inform the companions about any specific needs, limitations, or health conditions that may impact their participation.

20.4. Limitation of Liability

Cura, its drivers, companions, and affiliated entities shall not be liable for any injuries, health conditions, or incidents that may occur during the provision of services. Users engage with Cura’s services at their own risk, and they waive any claims against Cura for any damages, losses, or injuries incurred during or as a result of their participation.

20.5. Non-Medical Situations

Cura app is not responsible for situations that occur outside the scope of its companionship services. This includes but is not limited to personal disputes, accidents, or incidents unrelated to the facilitated activities. Users are solely responsible for their interactions and actions during the service period.

Restriction on Conducting Business Relationships Outside of Cura App

24.1. Exclusive Use of Cura App

Users of the Cura app agree that any ride and companion relationships facilitated through the app should exclusively be conducted within the app’s platform. Users acknowledge that the purpose of the Cura app is to connect drivers and guests for the provision of services and companionship.

24.2. Prohibition on External Business Relationships

Users explicitly agree not to engage in any business relationships or ventures outside of the Cura app with other users they meet through the platform. This includes the establishment of any similar services or businesses, whether individually or in partnership, that directly compete with or replicate the services provided by Cura.

24.3. Approval from Cura

In the event that users wish to pursue a business relationship or venture that relates to the services provided through the Cura app, they must seek appropriate approval from Cura. Cura retains the right to evaluate and determine the suitability and potential beneficiary status of any such business or relationship.

24.4. Cura’s Beneficiary Status

Users acknowledge and agree that if any business or relationship is established between the driver and the guest as a result of their interaction through the Cura app, Cura may be considered a beneficiary of that business or relationship. The specific terms and conditions for such beneficiary status will be determined by Cura on a case-by-case basis.

Copyright and Prohibition of Unauthorized Use of Cura’s Logo and App Design

25.1. Ownership of Intellectual Property

Cura app, including its logo, design, colors, and any associated intellectual property, is owned and protected by copyright and other applicable laws. Cura retains all rights, title, and interest in its intellectual property.

25.2. Prohibited Use

Users agree that any unauthorized use, reproduction, modification, or distribution of Cura’s logo, app design, colors, or any elements that resemble or closely resemble Cura’s intellectual property is strictly prohibited. This includes, but is not limited to, creating or using a similar logo or app design that may cause confusion or dilution of Cura’s brand.

25.3. Enforcement of Rights

Cura reserves the right to take appropriate legal action against any individuals or entities found to be in violation of its intellectual property rights. This may include seeking injunctive relief, damages, or any other available legal remedies.

25.4. Reporting Infringement

Users are encouraged to report any suspected infringement of Cura’s intellectual property to the designated contact provided by Cura. Prompt reporting of potential violations will help protect Cura’s rights and maintain the integrity of its brand.

Authorized Use of Coupons or Discounts

Users acknowledge that any coupons or discounts offered by Cura are intended for their personal use and may be subject to specific terms and conditions. Users agree to adhere to the terms and conditions associated with the use of coupons or discounts provided by Cura.

26.2. Prohibition on Duplication or Redistribution

Users explicitly agree not to duplicate, reproduce, sell, transfer, or distribute any coupons or discounts provided by Cura without prior authorization. Unauthorized duplication or redistribution of coupons or discounts is strictly prohibited and may result in the revocation of such benefits.

26.3. Prohibition on Misuse

Users agree not to engage in any activities or actions that may misuse or exploit the Cura app, its coupons, or discounts for personal gain or to the detriment of Cura or other users. This includes, but is not limited to, manipulating or tampering with the app’s features, systems, or processes.

User Responsibility for Financial Transactions and Information Protection

28.1. Financial Institution Transactions

Users acknowledge and agree that any financial transactions conducted through the Cura app are solely between the users and their respective financial institutions. Cura is not responsible for any damages, costs, disputes, or issues arising from such transactions, including but not limited to incorrect transactions, unauthorized charges, or failed transactions.

28.2. User Information Protection

Users understand and accept that it is their responsibility to safeguard and protect their personal and financial information when using the Cura app. Users should take appropriate measures to ensure the security of their login credentials, payment details, and any other sensitive information related to their financial accounts.

28.3. Third-Party Financial Services

Cura may provide integration or links to third-party financial services within the app for the convenience of users. However, users acknowledge that the use of such services is entirely voluntary and at their own risk. Cura does not endorse or assume any responsibility for the actions, services, or security of third-party financial service providers.

28.4. Security Measures

Cura implements reasonable security measures to protect user data and maintain the integrity of its systems. However, users acknowledge that no system is completely immune to potential security breaches. Cura cannot guarantee the absolute security of user information and is not liable for any unauthorized access, loss, or misuse of user data.

Modification of Terms and Conditions

Cura reserves the right to modify or update these terms of use and conditions at any time. Any changes will be effective upon posting on the Cura website or notifying guests through other reasonable means. It is the responsibility of the guests to review the terms and conditions periodically and ensure their continued compliance. Continued use of Cura’s services after the modifications constitute acceptance of the updated terms and conditions.