These Terms of Service ("Terms") govern your access to and use of curate.ai (the "Service"), operated by Simpl Media ("we," "us," "our"). By creating an account or using the Service, you agree to these Terms.
curate.ai is a software platform for videographers, photographers, and content creators that provides AI-assisted lead generation, client communication, booking management, payment facilitation, and client delivery tools. The Service includes "Atlas," an AI communication system that drafts and, where you enable it, sends messages on your behalf.
You must be at least 18 years old and able to form a binding contract to use the Service. You are responsible for maintaining the confidentiality of your account credentials and for all activity under your account. You must provide accurate information and keep it up to date.
You are responsible for everything sent from your account. Atlas drafts messages, lead qualifications, project scopes, pricing proposals, and other content using artificial intelligence. AI-generated content may contain errors, inaccuracies, or statements you would not have made yourself.
You are solely responsible for ensuring that your use of the Service to contact leads and clients complies with all applicable laws, including without limitation the CAN-SPAM Act, the Telephone Consumer Protection Act (if applicable), state anti-spam and privacy laws, and any laws applicable in your recipients' jurisdictions.
Without limiting the foregoing, you agree that you will:
We may suspend or terminate accounts engaged in spam or unlawful outreach, with or without notice.
The Service facilitates deposit and balance payments between you and your clients through Stripe payment links. Simpl Media is not a party to any transaction between you and your clients. We do not guarantee payment, delivery, project quality, or any aspect of your client relationships. Disputes, chargebacks, refunds, and cancellations between you and your clients are solely your responsibility. Your use of Stripe is subject to Stripe's own terms of service.
You retain ownership of the content you upload or create in the Service, including portfolio media, scripts, client files, and profile information ("User Content"). You grant us a limited, worldwide, non-exclusive license to host, store, process, transmit, and display User Content solely to operate and provide the Service, including transmitting relevant content to our AI and email subprocessors as described in our Privacy Policy.
You represent that you have all rights necessary to upload your User Content, including rights to client files, media featuring third parties, and lead information, and that your User Content does not infringe any third party's rights.
The Service allows you to share client portals via unique links. Anyone with a portal link can view the associated project information and files. You are responsible for sharing portal links only with intended recipients. We are not responsible for access resulting from links you share or fail to secure.
You agree not to:
The Service integrates with third-party services including Stripe, Supabase, Anthropic, Resend, Vercel, and scheduling tools you connect (such as Calendly). Your use of those services is subject to their respective terms. We are not responsible for third-party services or their availability.
The Service, including its software, design, and branding, is owned by Simpl Media and protected by intellectual property laws. These Terms do not grant you any rights in the Service other than the limited right to use it in accordance with these Terms.
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT THE SERVICE WILL GENERATE LEADS, BOOKINGS, CLIENTS, OR REVENUE FOR YOU.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, SIMPL MEDIA WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITIES, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE SERVICE WILL NOT EXCEED THE AMOUNTS YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.
Some jurisdictions do not allow certain limitations, so some of the above may not apply to you.
You agree to defend, indemnify, and hold harmless Simpl Media and its officers, employees, and agents from any claims, damages, liabilities, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your User Content; (b) your outreach and communications sent through the Service; (c) your transactions and relationships with your clients; (d) your violation of these Terms or applicable law; or (e) your violation of any third party's rights.
You may stop using the Service and delete your account at any time. We may suspend or terminate your access to the Service at any time for violation of these Terms, unlawful conduct, non-payment, or risk to the Service or other users. Upon termination, your right to use the Service ends; Sections 6, 7 (license, as needed to wind down), and 11 through 18 survive.
We may modify the Service or these Terms at any time. For material changes to these Terms, we will provide notice by email or through the Service at least 14 days before they take effect. Continued use after changes take effect constitutes acceptance.
These Terms are governed by the laws of the State of California, without regard to conflict-of-laws principles. Any dispute arising out of these Terms or the Service will be resolved in the state or federal courts located in San Bernardino County, California, and you consent to their jurisdiction. [ATTORNEY NOTE: Consider whether to add an arbitration clause and class action waiver.]
Simpl Media
[BUSINESS ADDRESS]
Victorville, California
[CONTACT EMAIL]