Effective November 12, 2024

Terms of Use

  1. ACCEPTANCE OF THESE TERMS

  2. OUR SERVICES

  3. YOUR ACCOUNT

  4. YOUR CONTENT

  5. YOUR USE OF OUR SERVICES

  6. TERMINATION

  7. WARRANTIES AND LIMITATION OF LIABILITY

  8. INDEMNIFICATION

  9. DISPUTES

  10. ARBITRATION AND DISPUTE RESOLUTION AGREEMENT

  11. CHANGES TO THE TERMS

  12. ADDITIONAL POINTS

  13. CONTACT INFORMATION

Please note, Section 10 of these Terms of Use contains important information regarding dispute resolution. Unless you validly opt out, disputes will be resolved through binding individual arbitration, with limited exceptions. This means you waive your right to sue in court, have a trial by jury, or participate in any form of class or representative action. Please review Section 10 carefully, as it affects your legal rights.

  1. Acceptance of These Terms

​​These Terms of Use (the “Terms”) constitute a legally binding agreement between you, whether personally or on behalf of an entity (“you”) and Curio Marketplace, LLC (“Curio”, “Company”, “we”, “us”, or “our”). By accessing, downloading, installing, or using the Curio mobile application (the “App”) or any related services, content, or offerings (collectively, the “Services”), you acknowledge you have read, understood, and agree to be bound by these Terms, as well as any additional terms, conditions, and policies referenced herein. IF YOU DO NOT AGREE TO THESE TERMS IN THEIR ENTIRETY, YOU ARE EXPRESSLY PROHIBITED FROM ACCESSING OR USING THE SERVICES AND MUST DISCONTINUE USE IMMEDIATELY. 

These Terms set forth your rights and responsibilities when interacting with Curio’s Services. We strongly encourage you to carefully review these Terms to fully understand the rules governing your use of Curio’s Services.

Please note, Section 10 contains important information regarding dispute resolution between you and Curio. Unless you validly opt out, disputes will be resolved through binding individual arbitration, with limited exceptions. This means you and Curio waive the right to sue in court, have a trial by jury, or participate in any form of class or representative action. Please review Section 10 carefully, as it affects your legal rights.

Your continued use of the Services after any updates to these Terms constitutes your acceptance of the revised Terms. It is your responsibility to review these Terms periodically. If you do not agree with any changes, you must cease use of the Services immediately.

  1. Our Services

Our Services connect individuals and entities, both online and offline, to facilitate the buying and selling of unique goods. Depending on how you interact with our Services, specific rules and guidelines apply to you.

By using any of our Services, you agree to comply with these Terms, our Privacy Policy, and our Anti-Discrimination Policy. The Privacy Policy outlines how we collect, use, and share your information when you interact with our Services. By using the Services, you agree that we may process your information as described in the Privacy Policy.

If you list items for sale through our Services, you are subject to our Seller Policy.

If you browse or purchase items, you are subject to our Buyer Policy.

All of these policies are considered part of these Terms, so it is important that you read and understand the ones that are relevant to your use of our Services.

  1. Your Account

To access and use certain features of our Services, you will be required to create an account. By creating an account, you agree to comply with the following rules:

  1. Age Requirement: You must be at least 18 years old to use our Services. Minors under the age of 18 but at least 13 years old may only use our Services under the account of a parent or legal guardian who has provided appropriate permission and under direct supervision. Children under the age of 13 are strictly prohibited from using Curio or the Services. As the account holder, you are responsible for all account activity, including any conducted by a minor on your account. It is your responsibility to monitor and restrict a minor’s access to certain products, services, and content that may not be appropriate. For more details, refer to our Minors Policy.

  2. Accurate Information: You agree to provide true, accurate, and complete information about yourself when creating your account. You may not use false information, impersonate another individual or entity, or misrepresent your identity in any way.

  3. Username Restrictions: If you choose not to display your full name as your account name, the username you select must not be offensive, vulgar, infringe on any intellectual property rights, or otherwise violate these Terms.

  4. Account Responsibility: You are solely responsible for any and all activity that occurs under your account. If you share your account with others, the individual whose financial details are linked to the account is ultimately responsible for all actions. If you registered on behalf of a business entity, you confirm that you have the authority to bind the business to these Terms, and you personally guarantee the business’s compliance with them. Accounts are non-transferable, and you cannot transfer ownership of your account to another party.

  5. Account Security: You agree to keep your password secure and confidential. You are responsible for maintaining the security of your account and for any activity that occurs under your login credentials.

  6. No Agency Relationship: These Terms do not create any agency, partnership, joint venture, employment, or franchisee relationship between you and Curio.

  7. Cases and Appeals: In order to participate in our case system (as outlined below) or to file an appeal for any action taken by Curio, you must have a registered account.

  1. Your Content

Content you post, submit, or upload through our Services constitutes your content ("Your Content"). You are solely responsible for Your Content and its legality. By submitting Your Content to the Services, you agree to the following:

  1. Responsibility for Your Content: You affirm that you own all rights to Your Content or have obtained all necessary permissions, rights, and licenses to use and post it. By submitting Your Content, you confirm that you are not infringing upon or violating any third party’s rights, including intellectual property rights, privacy rights, or other proprietary rights.

  2. License to Curio: By posting or submitting Your Content, you grant Curio, and third parties authorized by Curio, a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use, display, edit, modify, reproduce, distribute, store, and prepare derivative works of Your Content. This license allows us to provide our Services and promote Curio, your shop, other shops, and listings, or the Services in general, in any format and through any channels, including across all Curio Services, our partners, or third-party websites and advertising mediums.

  3. Waiver of Moral Rights: You agree not to assert any moral rights or rights of publicity against Curio for using Your Content in accordance with the above license. To the extent Your Content contains any personal information, you acknowledge our legitimate interest in using it as part of this license to facilitate our Services.

  4. Intellectual Property Issues: If content you own or have rights to has been posted to our Services without your permission and you want it removed, please follow the procedures outlined in our Intellectual Property Policy. If we receive a valid report alleging that Your Content infringes another person’s intellectual property, we will take appropriate action, including disabling access to the content or terminating your account if you are found to be a repeat infringer. We will notify you if such actions are taken.

  5. Prohibited Content: You agree not to post any content that is abusive, threatening, defamatory, obscene, vulgar, or otherwise offensive, or content that violates our Prohibited Items Policy, Community Policy, or any part of these Terms. Additionally, you agree not to post any content that is false, misleading, or that uses the Services in a fraudulent or deceptive manner.


  1. Your Use of Our Services

We grant you a limited, non-exclusive, non-transferable, and revocable license to access and use our Services, subject to these Terms and the following restrictions:

  1. Compliance with Laws: You agree not to violate any laws or regulations in connection with your use of the Services. This includes compliance with all applicable local, state, and federal laws. It is your responsibility to obtain any permits or licenses required for your activities, and to meet all applicable legal obligations in your jurisdiction(s). This includes the sale and delivery of your items, such as verifying the age of the recipient where legally required. You may not sell items that are prohibited by law or engage in any fraudulent, unlawful, or anti-competitive behavior, including false claims, infringement notices, theft, or any criminal acts against Curio, other users, or third parties.

  2. Fees and Taxes: You are responsible for paying all fees you owe to Curio. Additionally, except as otherwise noted below, you are solely responsible for collecting and paying any applicable taxes related to purchases or sales made through our Services. Where applicable, Curio will calculate, collect, and remit sales tax, or other local taxes. Please refer to our Fees & Payment Policy for more details on taxes, including how Curio collects and remits certain taxes on behalf of sellers.

  3. Prohibited Activities: You agree not to use automated methods such as crawling, scraping, or spidering to access any pages of our Services, or attempt to reverse engineer or obtain the source code of our Services, including Curio’s intellectual property and Seller Content, without our express written permission.

  4. Service Disruption: You agree not to interfere with or attempt to disrupt the Services, including but not limited to tampering with the functionality, security, or availability of our Services.

  5. Curio Trademarks: The name “Curio,” along with any related marks, phrases, logos, or designs used in connection with our Services (collectively, the "Curio Trademarks"), are protected as trademarks, service marks, or trade dress under US law. If you wish to use our trademarks, you agree to follow our Trademark Policy.

  6. Submissions to Curio: Any ideas, suggestions, or other materials you submit to Curio (including Your Content or items sold through our Services) are considered non-confidential and non-proprietary. By submitting these materials, you grant us a non-exclusive, worldwide, royalty-free, irrevocable, sublicensable, perpetual license to use, modify, and publish such materials for any purpose, without acknowledgment or compensation to you.

  7. Electronic Communications: By using our Services, you agree to our Electronic Communications Policy, which outlines how we provide communications to you. This policy allows us to send you information electronically (e.g., via email) instead of mailing paper copies, and you agree that your electronic acceptance of such communications is equivalent to your physical signature on paper.


  1. Termination

You may terminate your account with Curio at any time through your account settings. Please note that terminating your account does not remove all of Your Content that you posted through the Services prior to termination, and you remain responsible for paying any outstanding fees or bills.

Curio may terminate or suspend your account, and any associated accounts that we determine are linked to your activity, if we believe you, Your Content, or your use of the Services violate our Terms. It’s important to understand that you do not have a contractual or legal right to continue using the Services. In most cases, Curio will notify you if your account is terminated or suspended, unless you have repeatedly violated our Terms, or we are legally or otherwise restricted from providing such notice.

If your account is terminated—whether by you or Curio—you may lose access to any information associated with your account, including Your Content. 

Curio reserves the right to change, suspend, or discontinue any of the Services at any time, for any reason, including reasons outlined in these Terms or other Curio policies. This applies to all users or to specific users. Curio will not be liable to you for any impacts these changes may have, including loss of income or the ability to generate revenue through the Services.

Even after your account is terminated or your use of the Services ends, these Terms will remain in effect.

  1. Warranties and Limitation of Liability

You acknowledge that Curio does not manufacture, store, or inspect any of the items sold through our Services. We simply provide the venue for independent sellers to list, market, and sell their goods. As such, Curio makes no warranties regarding the quality, safety, authenticity, or legality of any items sold through the Services. Any legal claims related to items you purchase must be addressed directly with the seller. You agree to release Curio from any claims related to items sold through the Services, including but not limited to claims of defective items, misrepresentation by sellers, or items that cause physical harm (such as product liability claims).

While using our Services, you may encounter materials or content that you find offensive, inappropriate, or otherwise objectionable. Curio makes no representations regarding the content posted by users through the Services and is not responsible for the accuracy, copyright compliance, legality, or decency of such content. You agree to release Curio from all liability related to content posted by users.

You may interact with other users of the Services, either online or in person. Curio does not conduct extensive screening of users beyond certain compliance and legal obligations. You agree to release Curio from all liability associated with your interactions with other users and acknowledge that you should exercise caution and good judgment, particularly when meeting someone in person.

Our Services may include links to third-party websites or services not owned or controlled by Curio (e.g., links to Facebook, Instagram, Twitter, etc.). You may also need to use third-party products or services to access certain aspects of our Services (such as a mobile device for the Curio app). Accessing third-party services is done at your own risk, and these third parties may require you to accept their own terms of use. Curio is not a party to any agreements between you and third parties.

Curio is not responsible for special offers or promotions provided by sellers.

WARRANTIES

YOU UNDERSTAND THAT WE PROVIDE OUR SERVICES "AS IS" AND "AS AVAILABLE," WITHOUT ANY WARRANTIES, EITHER EXPRESS OR IMPLIED. WE EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS ANY WARRANTIES IMPLIED BY A COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE.

WE DO NOT GUARANTEE THAT:

(i) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION;

(ii) ANY DEFECTS OR ERRORS WILL BE CORRECTED;

(iii) THE SERVICES WILL BE FREE OF VIRUSES OR OTHER HARMFUL MATERIALS; OR

(iv) THE RESULTS OF USING THE SERVICES WILL MEET YOUR EXPECTATIONS.

YOU USE THE SERVICES AT YOUR OWN RISK. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THESE LIMITATIONS MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, CURIO (INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUBSIDIARIES, PARTNERS, OR AFFILIATES) WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS, LOST REVENUE, OR CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SERVICES OR THESE TERMS. IN NO EVENT SHALL CURIO'S AGGREGATE LIABILITY FOR ANY DAMAGES EXCEED THE GREATER OF: (A) $100, OR (B) THE AMOUNT YOU PAID TO CURIO IN FEES IN THE 12 MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THESE LIMITATIONS MAY NOT APPLY TO YOU.

  1. Indemnification

You agree to indemnify, defend, and hold harmless Curio (including our employees, officers, directors, agents, subsidiaries, and affiliates) from any claim, demand, lawsuit, loss, liability, or expense (including reasonable attorneys’ fees) that arises from or relates to your actions, your use or misuse of our Services, your breach of these Terms, any items you buy or sell through the Services, and/or your actual or alleged violation of any law or the rights of a third party. This includes claims arising from your failure to act, such as not fulfilling legal obligations or not complying with our policies.

If Curio is subject to a legal claim, or inquiry due to your actions or behavior, you agree to fully compensate and defend us for any resulting damages or costs. This means you are responsible for covering any losses or expenses, including legal fees, incurred by Curio as a result of your conduct.

We reserve the right to control our own legal defense in any situation, even if you indemnify us. In such cases, you agree to cooperate with Curio in our legal defense strategy to ensure the best outcome for the situation.

  1. Disputes

In the event of a dispute between you and another user or a third party arising from your use of Curio’s Services, we encourage you to communicate directly with the other party to seek an amicable resolution.

If buyers and sellers are unable to resolve a dispute related to transactions conducted through our Services, they may participate in our case system, provided they have a registered account. Curio, at its sole discretion, may attempt to facilitate the resolution of such disputes in good faith. However, please note that Curio does not serve as a judge or arbiter of legal claims and will not make binding determinations on legal issues.

Curio is not obligated to resolve, or assist in the resolution of, any disputes between users or third parties.

By using our Services, you agree to release Curio from any and all claims, demands, and damages that may arise from disputes with other users or third parties.

  1. Arbitration and Dispute Resolution Agreement

While Curio is committed to working with you in good faith to resolve any issues, if we are unable to reach a resolution, you and Curio (including our employees, officers, directors, agents, subsidiaries, and affiliates) agree to submit any disputes exclusively to binding individual arbitration. This means that neither party will sue the other in court before a judge or jury, except in the limited circumstances outlined below.

This Arbitration Agreement (referred to as “Agreement”) will be enforced to the fullest extent permitted by law.

Please read this Section carefully, as it affects your rights.

  1. You and Curio agree to mandatory individual arbitration for all claims arising from or relating to the Services, these and prior versions of the Terms, as well as any products, data, or content bought, sold, offered, accessed, displayed, transmitted, or listed through the Services, including actions or statements by Curio or its users (each, a “Dispute”). This includes disputes that arose before the effective date of these Terms. The exceptions to mandatory arbitration are as follows: (1) Either party may bring qualifying individual claims in “small claims” court, provided those claims remain in small claims court; (2) Curio may seek injunctive relief in court for intellectual property issues, such as infringement or misuse of trademarks, copyrights, or patents. For all other Disputes, arbitration is required, which means you and Curio each waive the right to sue in court and to have a judge or jury trial.

  2. Class and Representative Action Waiver: You and Curio agree that any claims or disputes between us must be brought solely on an individual basis and not as part of a class, representative, or collective action. Both parties waive any right to bring such claims. We may seek only individualized relief, and—except as provided in Section 10.F (Batch Arbitration)—disputes cannot be arbitrated or consolidated with the disputes of any other person or entity. If any part of this Class and Representative Action Waiver is deemed unenforceable for a specific claim (e.g., public injunctive relief), then only that particular claim or request for relief may proceed in court, and only after arbitration of the arbitrable claims and remedies has concluded.

  3. Informal Dispute Resolution: Before initiating arbitration, you and Curio agree to attempt to resolve any Dispute informally and in good faith. To begin the informal dispute process, you must send a written notice ("Notice of Dispute") to help@curio.supply that includes: (1) Your name, phone number, email address associated with your Curio account, and username; (2) A detailed description of the Dispute and your desired resolution. If Curio has a Dispute with you, we will send a Notice of Dispute to the email address linked to your account. Once a complete Notice of Dispute is received, the recipient has 60 days to investigate and respond to the claims. If either party requests a settlement conference during this time, both you and Curio must cooperate in scheduling a video conference for that purpose. Both parties must personally participate in this conference, though legal counsel may also attend. The settlement conference must be individualized, even if multiple parties share legal representation. The statute of limitations for the claims in the Notice of Dispute will be tolled from the date the notice is received until the later of: (i) 60 days, or (ii) after the completion of a timely requested settlement conference (referred to as the "Informal Resolution Period"). Arbitration cannot be filed until the Informal Resolution Period has concluded, and a court may enjoin the filing or continuation of arbitration in breach of this Section.

  4. Arbitration Rules and Procedures: To initiate arbitration, either party must file a demand for arbitration with the American Arbitration Association (AAA). You must also serve Curio with the arbitration demand by sending it to help@curio.supply. If Curio has a Dispute with you, we will send the arbitration demand to the email address linked to your account. If the AAA is unavailable or unwilling to administer the arbitration in accordance with this Section, you and Curio will select another arbitration provider. If an agreement cannot be reached, a court will appoint the arbitration provider.

The arbitration will be conducted in English by a single arbitrator. Unless otherwise agreed by the parties or directed by the arbitrator: (i) If the amount in dispute is less than $25,000, the arbitration will proceed as a documents-only arbitration, meaning no in-person or telephonic hearing will be held. (ii) If the amount in dispute exceeds $25,000, the arbitration will be conducted via video conference, without an in-person hearing. If an in-person hearing is required, it will take place either in the county where you reside, or as determined by the arbitrator in cases of Batch Arbitration.

The arbitration will be governed by the AAA’s Consumer Arbitration Rules, modified as per this Agreement. However, if you are using the Services as a business (e.g., a seller or developer) and the claims by either party exceed $75,000, the AAA’s Commercial Arbitration Rules will apply, also modified by this Agreement. Similar to a court proceeding, the arbitrator shall apply applicable governing law, and any legal counsel involved must comply with Federal Rule of Civil Procedure 11(b). The arbitrator may impose any sanctions available under the AAA Rules, Rule 11, or other relevant laws. Additionally, the arbitrator shall enforce statutes of limitations, other time-based defenses, offers of judgment/compromise, and fee-shifting rules in the same manner a court would.

The arbitrator will have exclusive authority to resolve all issues in the arbitration, with two exceptions: (i) A court will have exclusive authority to decide issues regarding the arbitrability of the dispute, enforceability of any part of this Arbitration Agreement, and either party’s compliance with the Informal Dispute Resolution process outlined in Section 10.C. (ii) Except as outlined in Section 10.F (Batch Arbitration), the arbitrator may only award damages and other relief in favor of the individual claimant and only to the extent necessary to resolve the individual claim(s) of the claimant. The arbitrator is not bound by decisions made in other arbitrations. The arbitrator’s decision will be final and binding on both you and Curio, and a judgment on the award may be entered in any court with proper jurisdiction.

  1. Arbitration Fees: Payment of all filing, case-management, administrative, hearing, and arbitrator fees ("Arbitration Fees") will be governed by the AAA’s rules and fee schedules, unless otherwise specified in this Arbitration Agreement.

  2. Batch Arbitration: To ensure efficient resolution, if within a 90-day period, 25 or more claimants submit Notices of Dispute or file arbitrations with similar claims (i.e., arising from the same or similar facts or events and involving similar legal issues) and are represented by the same or coordinated counsel, the disputes must be arbitrated in batches of up to 100 claimants each (“Batch”). Upon notice from either party, the AAA will group claimants into: (1) A single Batch (if there are 25-100 claimants), or (2) Batches of 100 claimants each, with a smaller final Batch for any remaining claimants (if there are more than 100 claimants). The AAA will resolve each Batch as a consolidated arbitration with one arbitrator, one set of Arbitration Fees, and one hearing (if necessary) per Batch, held via video conference (or at a location chosen by the arbitrator). The parties will cooperate in good faith to implement this process, minimizing time and costs. The AAA Mass Arbitration Supplementary Rules will apply, except as modified by this Section. Any challenges to administrative determinations by the AAA will be addressed by a single process arbitrator. If this Section 10.F is deemed unenforceable for a particular claimant or Batch, it will be severed, and those parties will arbitrate individually.

  3. Opt-Out: If you are a new user of our Services, you may opt out of this Arbitration Agreement (excluding Section 10.I) within 30 days of first accepting the Terms. To opt out, you must send an email to help@curio.supply with your name, the email address associated with your account, your username, and your request to opt out of arbitration. If you opt out successfully, neither you nor Curio will be required to arbitrate disputes under this Arbitration Agreement, but the remaining Terms (and any other agreements between us) will still apply. If you opt out, any future updates to the Terms will not reopen the opportunity to opt out of arbitration.

  4. Future Changes to the Arbitration Agreement: Curio will notify you of any material changes to this Arbitration Agreement at least 30 days before the changes take effect. You may reject future changes to the Arbitration Agreement by emailing us at help@curio.supply within 30 days of receiving notice, including your name, the email address associated with your account, and your username. If you do not reject the changes, you will be bound by them, and the modified Arbitration Agreement will apply to all Disputes between you and Curio, including those arising before the changes, but excluding claims pending in arbitration (or court, if allowed) as of the effective date. If you reject the change, the most recent version of the Arbitration Agreement before the rejected change will apply.

  5. Choice of Law and Forum: Curio is based in Boston, Massachusetts, so any claims between you and Curio that are not subject to arbitration will be litigated exclusively in the state or federal courts located in Boston, Massachusetts, and both parties agree to submit to the personal jurisdiction of these courts. However, if you file in small claims court, you may do so in the county of your residence. Except as prohibited by law, these Terms are governed exclusively by the laws of Massachusetts, without regard to conflict-of-law rules, and by U.S. federal law (including the Federal Arbitration Act). Section 10.I will apply even if you opt out of arbitration under Section 10.G.


  1. Changes to the Terms

Curio reserves the right to update these Terms at any time, including by adding new terms or removing existing ones. If any changes are material, we will notify you in advance by posting the changes through the Services and/or sending you an email or message. Your continued use of the Services after the effective date of any changes constitutes your acceptance of the updated Terms.

If you do not agree with any changes to the Terms, you must stop using the Services and terminate your account as outlined in Section 6 of these Terms.

  1. Additional Points

These Terms, including all policies referenced within, supersede any other agreement between you and Curio regarding the Services. Except as outlined in Section 10, if any part of the Terms is found to be invalid or unenforceable, that part will be limited or severed to the minimum extent necessary, so that the remaining Terms continue in full force and effect.

Our failure to enforce any provision of the Terms at any time does not waive our right to enforce that provision or any other part of the Terms in the future. Curio reserves the right to assign any of its rights and obligations under these Terms to others.

  1. Contact Information

If you have any questions about the Terms, please email us at help@curio.supply