CURV AI TERMS OF SERVICE

Last Updated: February 1, 2026

IMPORTANT — PLEASE READ CAREFULLY

These Terms of Service (the “Agreement”) are a legal agreement between you (“User,” “you,” “your”) and Curv Labs Inc. (“Curv AI,” “Company,” “we,” “us,” “our”) governing your access to and use of Curv AI’s mobile application(s), website(s), software, computer-vision assessment tools, athlete testing features, training programs, leaderboards, directories, contests/promotions, and related services (collectively, the “Platform”).

BY CLICKING “AGREE,” CREATING AN ACCOUNT, OR OTHERWISE ACCESSING OR USING THE PLATFORM, YOU AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE, DO NOT USE THE PLATFORM.

You acknowledge the Company’s Privacy Policy (the “Privacy Policy”), as revised from time to time, and you consent to the Company’s collection, use, disclosure and retention of personal information as described in the Privacy Policy.

1. ELIGIBILITY; MINORS

1.1 Minimum Age. You must be 13 years of age or older to use the Platform.

1.2 Minors (13–17). If you are between 13 and 17 years old, you represent and warrant that you have obtained consent from a parent or legal guardian to use the Platform. The parent/legal guardian agrees to be bound by this Agreement on the minor’s behalf and is responsible for the minor’s use of the Platform, including compliance and any liabilities.

1.3 Legal Capacity. You represent and warrant that you have the legal capacity to enter into this Agreement under the laws applicable to you.

2. PLATFORM; NOT PROFESSIONAL ADVICE

2.1 AI Sports Scientist Platform. The Platform may use computer vision, machine learning, scoring systems, benchmarks, and other analytics to:

  • analyze videos/images and movement patterns;
  • generate scores, performance metrics, comparisons, leaderboards, and rankings;
  • provide training plans, drills, progressions, and recommendations; and
  • enable optional sharing of your content and performance data with coaches, teams, events, directories, or other third parties.

2.2 For Informational/Educational Purposes Only. NOTWITHSTANDING ANY LANGUAGE TO THE CONTRARY, NOTHING ON OR IN THE PLATFORM CONSTITUTES MEDICAL, HEALTHCARE, PHYSIOTHERAPY, ATHLETIC TRAINING (AS A PROFESSIONAL SERVICE), CLINICAL, OR OTHER PROFESSIONAL ADVICE OR DIAGNOSIS.

2.3 No Medical Emergencies. The Platform is not intended for medical emergencies. If you have a medical emergency, seek medical care immediately, including by calling 9‑1‑1 or attending an emergency department.

3. SAFETY; ASSUMPTION OF RISK; RELEASE; WAIVER; COVENANT NOT TO SUE

3.1 Inherent Risks of Sport and Cheerleading. You acknowledge and agree that athletic and cheerleading activities (including toe touches, tumbling, jumps, stunts, strength, flexibility, conditioning, and related movements) involve inherent and significant risks, including serious injury or death, which can occur even when performed correctly. Risks include, without limitation: sprains, strains, fractures, dislocations, concussions and other head injuries, spinal injuries, soft‑tissue injuries, overuse injuries, falls, collisions, and other physical harms.

3.2 Camera-Based / Unsupervised Activity Risk. You acknowledge and agree that performing movements for camera-based analysis—particularly when alone, without qualified supervision, without a trained spotter, without proper warm-up, on unsuitable surfaces, or in inadequate space/lighting—can materially increase risk.

3.3 Your Safety Obligations. You agree that you will:

  • use the Platform only in a safe environment with adequate space and appropriate surfaces;
  • follow your own judgment and stop immediately if you experience pain, dizziness, shortness of breath, or discomfort;
  • obtain appropriate coaching supervision and trained spotting for any movement requiring it;
  • not attempt skills beyond your current ability; and
  • consult a qualified physician and/or qualified coach before undertaking any training program, especially if you have any medical condition, injury history, or uncertainty.

3.4 Assumption of Risk. TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU VOLUNTARILY AND EXPRESSLY ASSUME ALL RISKS (KNOWN OR UNKNOWN, FORESEEABLE OR UNFORESEEABLE) ARISING FROM OR RELATED TO: (A) YOUR USE OF THE PLATFORM; (B) YOUR PERFORMANCE OF ANY ATHLETIC OR CHEERLEADING MOVEMENTS WHILE USING THE PLATFORM; (C) YOUR IMPLEMENTATION OF ANY TRAINING PROGRAMS OR RECOMMENDATIONS; AND (D) YOUR PARTICIPATION IN ANY CONTESTS OR PROMOTIONS.

3.5 Release and Waiver of Claims (Including Negligence). TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU HEREBY WAIVE ANY RECOURSE TO, AND RELEASE, FOREVER DISCHARGE, AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, AND EACH OF THEIR RESPECTIVE SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, SUCCESSORS AND ASSIGNS (COLLECTIVELY, THE “COMPANY PARTIES”) FROM ANY AND ALL CLAIMS, DEMANDS, CAUSES OF ACTION, DAMAGES, LOSSES, LIABILITIES, COSTS AND EXPENSES (INCLUDING LEGAL FEES) OF ANY KIND, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING OUT OF OR RELATING TO ANY INJURY, ILLNESS, DEATH, PROPERTY DAMAGE, OR OTHER HARM SUFFERED BY YOU OR ANY THIRD PARTY IN CONNECTION WITH YOUR USE OF THE PLATFORM OR ANY ACTIVITY PERFORMED BY YOU IN CONNECTION WITH THE PLATFORM.

3.6 Covenant Not to Sue. You agree not to commence or maintain any claim, action, or proceeding against any Company Party for any matter released under Section 3.5.

3.7 Minors; Parent/Guardian Release. If a User is a minor, the parent/legal guardian providing consent agrees that Sections 3.1–3.6 apply to the minor and agrees to the release and waiver on behalf of the minor to the maximum extent permitted by law.

3.8 Limitations. Nothing in this Agreement excludes liability that cannot be excluded under applicable law.

4. ACCOUNTS; REGISTRATION; SECURITY

4.1 User Account. Access is via a unique user account (a “User Account”). You agree to provide accurate, current information and keep it updated. You may not allow others to use your User Account.

4.2 Login Credentials. You are responsible for maintaining confidentiality of your login credentials and for all activities under your credentials. Notify us promptly if compromised.

4.3 No Liability for Unauthorized Use. You acknowledge and agree the Company will not be liable for unauthorized use of your credentials.

5. ACCEPTABLE USE; PROHIBITED CONDUCT

5.1 Acceptable Use. You must use the Platform in compliance with this Agreement, applicable laws, and third-party terms.

5.2 Unauthorized Uses. You shall not (and shall not allow any third party to):

  1. engage in commercial use of the Platform except as expressly permitted by the Company;
  2. copy, reproduce, upload, republish, distribute, perform, post, display, offer for sale, license, modify, create derivative works, transmit or otherwise use any portion of the Platform except for personal use as permitted;
  3. remove proprietary notices;
  4. use robots/scrapers or data extraction tools;
  5. frame or mirror any portion of the Platform;
  6. post or transmit false, fraudulent, misleading, or phishing content;
  7. modify/translate or create derivative works from Platform components;
  8. transmit malware or code intended to disrupt or gain unauthorized access;
  9. reverse engineer the Platform except where prohibited by law;
  10. sell, resell, sublicense, rent, lease, or make available any portion of the Platform;
  11. post unlawful, threatening, abusive, defamatory, obscene, discriminatory, or spam content;
  12. infringe IP, privacy, publicity, or other rights;
  13. use the Platform in a manner that adversely affects performance or functionality; or
  14. probe/scan/test vulnerabilities or breach authentication measures.

5.3 Equipment and Connectivity. You are responsible for all devices, internet access, and carrier charges.

6. THIRD PARTIES

6.1 Third Party Communications. The Platform may enable communications with third parties (e.g., coaches, gyms, events, leagues, advertisers, payment processors, service providers) (“Third Parties”). The Company is not responsible for Third Party communications or failures to communicate.

6.2 Third Party Services. The Platform may allow you to connect to Third Party services, purchases, or promotions (“Third Party Services”), which may be subject to separate terms (“Third Party Terms”). Use is at your sole risk; the Company is not a party to Third Party Terms.

6.3 Contractors and Cross-Border Processing. The Company may operate the Platform using third-party contractors and infrastructure, including in jurisdictions outside your jurisdiction.

7. USER CONTENT; USER DATA; FEEDBACK; AI TRAINING

7.1 User Data Defined. “User Data” means any content, data, or materials you upload or submit to the Platform, including images, videos, text, messages, performance results, and other information.

7.2 Responsibility for User Data. You remain solely responsible for your User Data. The Company disclaims liability relating to User Data.

7.3 Rights and Consents. You represent and warrant that you own your User Data or have all rights and consents needed to provide it and to grant the licenses in this Agreement, including any consents required to include another person’s information or likeness.

7.4 License to Company. You grant the Company (and its authorized contractors) a non-exclusive, transferable, irrevocable, fully paid-up, royalty-free, worldwide license to reproduce, copy, disseminate, display, publish, translate, adapt, modify, synchronize, process, store and otherwise use User Data for:

  • operating the Platform and providing the services;
  • facilitating Third Party Services and user-directed sharing;
  • developing, improving, and training AI/ML models, scoring systems, weighting systems, algorithms, methods and methodologies used by the Company (collectively, “Models”), provided that Models or their use will not include your User Data in identifiable form.

7.5 Anonymized / Aggregated Data. You further grant the Company a non-exclusive, perpetual, irrevocable, royalty-free, worldwide license to create and use de-identified, anonymized, or aggregated datasets that no longer identify you (“Anonymized Data”). As between you and the Company, the Company owns all right, title, and interest in Anonymized Data.

7.6 User-Directed Sharing. If you choose to share User Data with Third Parties (including coaches, events, leagues, directories), you acknowledge: (i) you are solely responsible for such sharing; (ii) the Company has no control over Third Party use; and (iii) the Company is not liable for unauthorized use or disclosure by a Third Party.

7.7 Feedback License. You grant the Company and its affiliates a worldwide, perpetual, irrevocable, royalty-free, transferable, sublicensable license to use and incorporate any feedback, suggestions, or ideas you provide.

7.8 Right to Remove/Refuse. The Company may remove or refuse User Data that violates this Agreement or presents a legal/security risk, and is not liable for doing so.

8. FEES; BILLING; REFUNDS

8.1 Fees. If the Platform includes paid subscriptions or paid features, you agree to pay the fees presented at purchase. Except as required by law or expressly stated, fees are non-refundable.

8.2 Payment Processing. Payments may be processed by third-party processors; you authorize charges as described at checkout.

8.3 Price Changes. The Company may adjust prices with notice.

9. BETA FEATURES

From time to time, the Company may offer beta/pilot/limited release features (“Beta Services”). You use Beta Services at your sole risk. Beta Services may be discontinued at any time and the Company will have no liability for claims arising from Beta Services.

10. DISCLAIMER OF WARRANTIES

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE PLATFORM AND ALL SERVICES AND CONTENT PROVIDED THROUGH THE PLATFORM ARE PROVIDED “AS IS,” “WITH ALL FAULTS,” AND “AS AVAILABLE” AND MAY CONTAIN ERRORS OR INACCURACIES. THE COMPANY DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, AVAILABILITY, SECURITY, AND THAT RESULTS WILL MEET YOUR REQUIREMENTS.

NO ADVICE OR INFORMATION OBTAINED THROUGH THE PLATFORM CREATES ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.

YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION IS TO STOP USING THE PLATFORM.

11. LIMITATION OF LIABILITY; TIME LIMIT TO BRING CLAIMS

11.1 No Indirect Damages. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL ANY COMPANY PARTY BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, AGGRAVATED, COMPENSATORY OR PUNITIVE DAMAGES, INCLUDING LOSS OF REVENUE, SAVINGS, GOODWILL, REPUTATION, PROFITS, OR LOSS/DAMAGE TO DATA, ARISING OUT OF OR RELATED TO THE PLATFORM.

11.2 Cap on Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE TOTAL AGGREGATE LIABILITY OF THE COMPANY PARTIES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE PLATFORM SHALL NOT EXCEED THE LESSER OF: (I) FEES PAID BY YOU TO THE COMPANY FOR THE SERVICES DURING THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE THE CAUSE OF ACTION AROSE; AND (II) CAD $500.

11.3 Third Parties. The Company is not responsible for acts/omissions of Third Parties. You must resolve disputes with Third Parties directly.

11.4 One-Year Limitation Period. No action arising out of this Agreement may be brought more than one (1) year after the cause of action accrued.

11.5 Consumer Law Carve-Out. Some jurisdictions may not allow certain limitations. Solely to the extent applicable law applies and restricts the above, some limitations may not apply.

12. INDEMNITY

You agree to defend, indemnify, and hold harmless the Company Parties from and against any claims, liabilities, losses, costs, damages, and expenses (including reasonable legal fees) arising out of or relating to: (i) your access to or use of the Platform; (ii) your acts/omissions or conduct; (iii) your User Data; or (iv) your breach of this Agreement or applicable law.

13. COMPANY INTELLECTUAL PROPERTY

13.1 Ownership. The Platform (including underlying software, Models, Platform content, and technology) is owned by the Company and its licensors. The Company reserves all rights not expressly granted.

13.2 Marks. “Curv AI” and related marks are Company trademarks. You may not use them without prior written permission.

13.3 Open Source. The Platform may include open-source software subject to its applicable license terms.

14. PRIVACY

Personal information is collected, used, disclosed and retained as described in the Privacy Policy, which is incorporated by reference into this Agreement.

15. SECURITY

The Company uses security measures designed to protect the Platform, but you acknowledge that internet transmissions cannot be guaranteed completely secure. You are responsible for implementing safeguards on your devices.

16. TERMINATION AND SUSPENSION

16.1 Cause. The Company may suspend or terminate your access immediately if you fail to comply with this Agreement.

16.2 Other Termination. The Company may suspend or terminate access with or without notice for any reason.

16.3 Effects. Upon termination: (i) your license terminates; (ii) you remain responsible for unpaid fees; and (iii) the Company may provide a limited window to retrieve certain User Data, subject to applicable law and the Privacy Policy.

17. MOBILE APP STORE TERMS

If you obtain the app through the Apple App Store or Google Play, you must comply with their terms. This Agreement is between you and the Company (not Apple/Google), and the Company is solely responsible for the app.

18. CHANGES TO THIS AGREEMENT

The Company may amend this Agreement at any time. The most current version will be posted on the Platform. If you do not agree, your sole remedy is to discontinue use.

19. GOVERNING LAW AND VENUE

This Agreement is governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict-of-laws rules. You agree to the exclusive jurisdiction and venue of the courts located in Ontario, Canada.

20. CONTACT

Curv Labs Inc. (Curv AI) Ontario, Canada support@curv.ai

SCHEDULE A — SUPPLEMENTAL CONTEST RULES

TOE TOUCH CONTEST — PRO CHEER LEAGUE NASHVILLE TRIP DRAW

Sponsor: Curv Labs Inc. (“Curv AI”).

Contest Purpose: Promotional random draw contest.

Eligibility: Open to legal residents of Canada and the United States who are 13 years of age or older at time of entry. Minors require parent/legal guardian consent and the parent/legal guardian agrees to these rules on the minor’s behalf. Void where prohibited.

Contest Period: Begins on the date/time specified in the in-app contest announcement and ends on the date/time specified therein (the “Contest Period”). Sponsor’s system clock governs.

How to Enter (No Purchase Necessary):

  1. Create a Curv AI account.
  2. Record a toe-touch video.
  3. Post the video publicly on an eligible platform as specified by Sponsor and tag Curv AI (@curv_ai) and the Pro Cheer League (@procheerleague)  (or other tags/handles specified by Sponsor in-app).
  4. Maintain the post as public through the draw date.

Sponsor may require additional steps (e.g., hashtag, submission form link) as specified in-app; such instructions are incorporated by reference.

Entry Limits: One (1) entry per person per Contest Period unless otherwise specified in-app.

Prize: One (1) winner receives an all-expenses-paid trip for the winner to attend the Pro Cheer League event in Nashville, Tennessee on March 27 (the “Event”), including flight and hotel as determined by Sponsor in its sole discretion. Prize details, class of travel, hotel standard, and itinerary are determined by Sponsor. No cash alternative unless required by law.

Winner Selection: Winner selected by random draw from eligible entries within a reasonable time after the Contest Period ends.

Odds: Depend on number of eligible entries.

Winner Notification: Sponsor will attempt to contact the selected entrant via the contact method available to Sponsor (e.g., email, in-app). If a selected entrant cannot be contacted, is ineligible, fails to respond within the timeframe specified by Sponsor, or fails to sign required documents, Sponsor may select an alternate.

Skill-Testing Question (Canada): If required by law, a mathematical skill-testing question may be administered.

Required Documents: As a condition of receiving the prize, the winner (and for minors, the parent/guardian) may be required to sign a declaration of eligibility, travel releases, and a liability/publicity release (where lawful).

Travel Conditions: Winner is responsible for: valid travel documents (passport, visas), travel insurance (unless Sponsor provides), incidentals, meals not specified by Sponsor, ground transportation not specified by Sponsor, and all costs not expressly included. Winner must comply with all carrier, venue, and event rules.

Assumption of Risk; Release. Participation in cheerleading activity and travel involves risk. TO THE MAXIMUM EXTENT PERMITTED BY LAW, entrant (and parent/guardian for minors) assumes all risks and releases the Company Parties (and any league/event partners, including the Pro Cheer League, if applicable) from liability arising out of entry, participation, filming, posting, travel, attendance, and prize use.

Publicity. By entering, you grant Sponsor a non-exclusive, worldwide, royalty-free license to use your entry content (including your posted video, username/handle, and likeness) for promotional purposes in connection with the contest and the Platform, subject to the Privacy Policy and any opt-outs required by law.

Platform Disclaimer. This promotion is not sponsored, endorsed, administered by, or associated with any social media platform.

Sponsor Rights. Sponsor may cancel, modify, or suspend the contest if fraud, technical failures, or other factors impair integrity, as determined by Sponsor.

Governing Law. These Supplemental Contest Rules are governed by Ontario law and applicable Canadian federal law, subject to mandatory local laws in a participant’s jurisdiction.