Terms of Service
Last Updated: November 10, 2026
1. About these terms
These terms are an agreement between you and Curate Technologies, Inc. (“Curate,” “we,” “us”). They cover your use of any restaurant website, ordering page or mobile app that runs on Curate (including its App Clip or Instant App version, table ordering by QR code and scanning the app in a store), and any other Curate service made for restaurant customers (together, the “Services”).
The restaurant sells; Curate supplies the technology. Restaurants and restaurant groups (each a “Merchant”) use Curate to take orders, run rewards programs and send messages. When you buy food, drinks or anything else, you buy it from the Merchant, not from Curate. The Merchant sets its menu, prices, hours, policies and rewards rules, and is responsible for preparing and fulfilling your order.
How you accept. You accept these terms when you create an account, place an order, add money to a wallet or join a membership, at the step where a link to these terms appears next to the button. If you do not agree, do not use the Services.
Other rules that apply. Our Privacy Policy explains how we handle personal information. A Merchant may have its own policies, such as refund, gift card or rewards rules, and those apply to what you buy from that Merchant. Where a Merchant’s policy and these terms differ, the Merchant’s policy controls its own products, prices, refunds and rewards; these terms control everything else, including Section 11. A specific offer or feature may come with extra terms, shown when you use it.
Please read Section 11. It requires most disputes to be resolved through individual arbitration instead of in court or as part of a class action, unless you opt out within 30 days.
2. Your account
Who can use the Services. The Services are for use in the United States only. You must be at least 13 years old. If you are under 18, or under the age of majority where you live, a parent or guardian must agree to these terms for you.
One account, many restaurants. You can order without an account. If you sign up, your account is tied to your mobile number and works with every Merchant on Curate, and each Merchant keeps its own record of your orders and rewards. Signing up asks for your name, email and birthday; Merchants use your birthday for birthday rewards. If you give a Merchant your phone number without signing up, for example at its register, it may still credit rewards to that number.
Signing in. You sign in with your mobile number and a one-time code we text to it. Keep your phone and your account details secure and up to date. You are responsible for what happens on your account. If you think someone else used it, email support@getcurate.com right away.
Deleting your account. In a Merchant’s app, Remove Account deletes your record with that Merchant, including its rewards and saved details. To delete your whole account with every Merchant, follow the link on that screen or email support@getcurate.com. Either way, you confirm with a code, and the deleted records are erased after 30 days; you cannot undo it. Deleting cancels the memberships tied to what you delete right away. We keep order records where the law requires it or as our Privacy Policy describes. Deleting does not cost you your wallet balance or paid membership time: email support@getcurate.com to have them refunded.
3. Orders and payments
Placing an order. When you place an order, you are offering to buy from the Merchant. The Merchant may decline or cancel an order, for example when an item runs out or the store closes early. Ready times and delivery times are estimates.
Prices and fees. The Merchant sets its prices, which may differ from its in-store prices. Before you pay, checkout shows your total, including tax and fees, and lets you open a breakdown of them. Fees can include fees the Merchant sets, a service fee that Curate charges for the ordering service and, for delivery orders, a delivery fee.
Tips. Tips are optional. A tip for the restaurant goes to the Merchant, and a delivery tip goes to the courier.
Paying. The Merchant’s payment processor, such as Stripe, Square or Toast, handles your payment. Your card details go to that processor, and Curate does not store full card numbers. If you choose to save a card, the processor keeps it for your future orders. By paying, you authorize the charge shown at checkout. Your card is usually authorized when you order and charged once the order goes through, so your bank may show a pending charge first. For a dine-in tab, a temporary hold may stay on your card until the tab is closed. Your card issuer’s terms also apply.
Changes, cancellations and refunds. Each Merchant sets its own policy. To change or cancel an order or ask for a refund, contact the Merchant; refunds are issued by the Merchant, not Curate. A refund goes back to the way you paid, on your bank’s timeline, and an order paid from your mobile wallet is refunded to the wallet. A refund may include the service fee. Section 4 explains what happens to rewards on a refunded order.
Pickup and delivery. Pick up your order at the time and place shown. Delivery orders are carried by couriers from independent delivery companies, such as DoorDash or Uber. Curate does not deliver orders itself.
Age-restricted items. If a Merchant sells alcohol or other age-restricted items, you must be of legal age to order them and show valid ID when you pick up or receive them. The Merchant or courier may refuse to hand them over if you cannot.
4. Rewards, offers and promo codes
Each Merchant runs its own program. A rewards program on Curate belongs to the Merchant that offers it. The Merchant decides how you earn points, what they can be redeemed for, any tier, birthday or referral rewards, and whether and when points expire. Tier status may be re-checked each year. The rewards screen in the app or on the website shows the current rules.
What points are and are not. Points and rewards have no cash value. You cannot sell or transfer them or exchange them for cash, and you can use them only with the Merchant that issued them. If an order is refunded, points earned on it are taken back in proportion to the refund, and points spent on it come back only on a full refund. Points earned by mistake or through misuse may be removed.
Changes and endings. A Merchant may change or end its program at any time, including how points are earned or redeemed, as the law allows. If a program ends or a Merchant stops using Curate, the Merchant is responsible for any points it owes you.
Promo codes and offers. Each offer or promo code comes with its own conditions, such as dates, locations, order types, a minimum order and a limit per customer, shown with the offer. You can use one promo code per order, and some offers require you to sign in. Codes have no cash value and cannot be resold. A Merchant may end an offer early, and a code used against these terms may be canceled.
5. Mobile wallet and gift cards
What the wallet is. Some Merchants let you add money to a mobile wallet in their app. The balance is prepaid credit issued by that Merchant: the Merchant receives the money you add and is responsible for honoring the balance. You can spend it at any of that Merchant’s locations on pickup and in-store orders, but not on delivery orders.
Adding money. Choose one of the amounts shown and pay by card or Apple Pay. You pay exactly the amount you add, with no fee. A Merchant may give extra rewards points when you pay from the wallet, as its app shows.
Your balance. Your balance does not expire. It is not a bank account, earns no interest and cannot be moved to another person. When an order you paid from the wallet is refunded, the money goes back to the wallet.
Cashing out. Wallet balances cannot otherwise be withdrawn or refunded to your card. Where the law gives you the right to cash out, such as a balance under $10 in California, email support@getcurate.com or ask the Merchant, and the balance will be refunded to you. If you are charged but your balance does not update, contact the Merchant or support@getcurate.com.
If your account closes or a Merchant leaves Curate. Deleting your account does not cost you your balance; email support@getcurate.com to have it refunded. If we close your account, you keep the right to any balance you paid for, unless it came from fraud. If a Merchant stops using Curate, it remains responsible for your balance.
Gift cards. Some Merchants accept their gift cards on online orders. A gift card is issued by the Merchant and governed by its terms; Curate only supplies the technology that applies it at checkout. A gift card can pay for the order but not the tip, and it cannot be combined with the wallet on the same order. Contact the Merchant about balances, refunds or lost cards.
6. Memberships
What a membership is. Some Merchants sell paid memberships in their app, with perks described on the plan screen. The Merchant decides what each plan includes and receives your payments, which Stripe processes.
Automatic renewal. A membership renews automatically at the end of each billing period, monthly or yearly as the plan shows. Each renewal charges the plan price, plus any tax, to your saved payment method until you cancel. Before you join, the plan screen shows the price, the billing period and how to cancel, and you must agree to the recurring charge.
Confirmations, reminders and price changes. After you join, we email you a confirmation with your plan’s terms and how to cancel. Where the law requires it, we will also send reminders about your plan, including before a yearly plan renews. We will tell you about any price increase 7 to 30 days before it applies, along with how to cancel.
Canceling. You can cancel at any time in the app: open your account, then Membership, then Cancel membership. Cancel at least 24 hours before your renewal date to avoid the next charge. Your perks last until the end of the period you paid for, and you can resume before then.
Refunds. Canceling does not refund payments already made. To ask for a refund, contact the Merchant, which decides as the law allows.
Changing plans. Moving to a higher plan charges the difference for the rest of your current period right away. To move to a lower plan, cancel and join the new plan.
When a membership ends right away. A membership ends immediately, without a refund, if a renewal payment fails or if you dispute a membership charge with your bank. It also ends right away if you delete your account; email support@getcurate.com to get a refund of the unused time.
7. Texts, emails and notifications
Texts about your account and orders. When you give your mobile number, you agree that Curate and the Merchant may send you automated texts about your account and orders, such as sign-in codes, order-ready notices and refund notices. These texts are not marketing.
Text promotions. If you choose to get text promotions from a Merchant, for example by ticking “Opt in for text promotions” when you sign up, you agree to receive recurring automated marketing texts from that Merchant at the number you gave. You do not have to agree in order to buy anything. Message frequency varies, and message and data rates may apply. Reply STOP, or another opt-out keyword such as END or QUIT, to stop that Merchant’s promotional texts. Reply HELP for help. Carriers are not liable for delayed or undelivered messages.
Emails. We send receipts and order emails to the email on your account. Merchants may also email you offers, and every marketing email includes a link to unsubscribe.
Push notifications. If you allow notifications on your phone, a Merchant’s app may send you order updates and offers. Turn them off in your phone’s settings, and manage a Merchant’s marketing messages in its app under your account’s Marketing Subscriptions.
Who is responsible for messages. Each Merchant decides which marketing messages to send and is responsible for what they say. Curate sends them on the Merchant’s behalf.
Keep your number current. If you change or give up your mobile number, update your account so your texts do not go to someone else.
8. Fair use
Use the Services lawfully, for your own personal use, and as these terms allow. You agree not to:
• give false information, pretend to be someone else, or use another person’s account, phone number or payment card without permission;
• place orders you do not intend to pay for or pick up, or falsely claim you did not receive or authorize an order;
• open extra accounts, or use bots, scripts or other tricks, to collect more rewards, promo codes, referral credits or wallet bonuses than the program allows;
• sell, trade or transfer rewards, promo codes or wallet balances, unless a feature says you can;
• copy, scrape, reverse engineer or disrupt the Services, or get around their security or limits;
• send anything unlawful, threatening, harassing or infringing through the Services, including in order notes;
• use the Services to break any law, including laws on buying age-restricted items.
What happens if you do. If we reasonably believe you broke these terms, committed fraud or put a Merchant, another customer or Curate at risk, we may hold or cancel orders, remove rewards or promo credits obtained improperly, and suspend or close your account. Where the law requires it, we will tell you why and give you a chance to respond. Nothing in these terms limits your lawful right to dispute a billing error or a card charge, or any other consumer right the law does not let you give up.
9. The apps and our content
Apps from an app store. If you download a Merchant’s app from Apple’s App Store, Apple’s Licensed Application End User License Agreement governs your license to use the app, together with these terms. If you download it from Google Play, Google Play’s terms also apply. Apple and Google are not parties to these terms and are not responsible for the Services or for supporting them.
Your license everywhere else. For our websites, and wherever an app store license does not apply, Curate gives you a personal, limited, non-exclusive, non-transferable and revocable license to use the Services for your own orders and rewards. Your license ends if you break these terms or we stop offering the Services.
Who owns what. Curate owns the Services, including the software, design and the Curate name and logo. Each Merchant owns its own name, logo, menu, photos and other content shown in the Services. Using the Services does not give you any right to use these for anything else.
What you send us. You are responsible for what you submit through the Services, such as order notes and special requests. You let Curate and the Merchant use it to handle your order and run the Services. If you send us ideas or suggestions, we may use them freely, without paying you or crediting you.
10. Disclaimers and limits on liability
Merchants are responsible for their food and service. Curate does not prepare, inspect, package or hand over food. Menus, prices, photos, ingredients, allergen and nutrition details come from the Merchant, and Curate does not verify them. If you have an allergy or dietary need, check with the Merchant before you order. Curate is not responsible for a Merchant’s products, service, mistakes, delays or conduct, or for anything that happens at its locations.
No promises about the Services. To the fullest extent the law allows, Curate provides the Services “as is” and “as available,” without warranties of any kind, express or implied, including any warranty of merchantability, fitness for a particular purpose, title or non-infringement. We work to keep the Services running and secure, but we cannot promise they will be uninterrupted, error-free or free of harmful code.
Limits on what Curate owes. In this Section 10, “Curate” also means its affiliates, officers, directors, employees and agents. To the fullest extent the law allows:
• Curate is not liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for lost profits, revenue, data or goodwill, even if we were told they were possible.
• Curate’s total liability for all claims relating to the Services or these terms is limited to the greater of $100 or the fees you paid directly to Curate, such as service fees, in the 12 months before the claim arose. Those fees do not include what you paid for Merchant products, memberships, wallet money or gift cards.
What these limits never cover. The exclusions and the cap above do not apply to liability for fraud, gross negligence or willful misconduct, or for death or personal injury caused by Curate’s negligence. They also do not limit any other liability that the law where you live does not allow to be limited, so some of them may not apply to you.
• New Jersey residents: nothing in this Section 10 excludes punitive damages, or damages for personal injury, property damage or fraud.
• California residents: nothing in this Section 10 limits your remedies under the California Consumers Legal Remedies Act.
Claims caused by your misuse. To the extent the law allows, if someone brings a claim against Curate because you broke these terms, misused the Services or violated the law or another person’s rights, you agree to cover Curate’s resulting losses and reasonable costs, including reasonable attorneys’ fees. This does not apply to the extent the claim was caused by Curate.
11. Disputes
Start with the Merchant or with us. Most order problems are fixed fastest by the Merchant. For anything about the Services, email support@getcurate.com. Before starting arbitration or a court case, you and Curate each agree to send the other a written notice describing the problem and what you want, then try in good faith for 60 days to settle it. Any deadline to bring a claim is paused during those 60 days. Send notices to Curate at the addresses in Section 13; we will use the phone number or email on your account, or the one you gave with your order.
Individual arbitration. If the problem is not settled, you and Curate agree to resolve any dispute arising from or relating to these terms or the Services through final, binding arbitration with one arbitrator, except as listed below. The American Arbitration Association (AAA) will run it under its Consumer Arbitration Rules. Hearings can take place by video or phone, or in the county where you live. The AAA’s rules decide who pays filing and arbitrator fees, and Curate will pay every fee those rules assign to the business. The arbitrator can award you the same individual relief a court could.
No class actions. You and Curate may bring claims against each other only individually. Neither of us may bring or join a class, collective, consolidated or representative action, and the arbitrator may not combine claims of different people. If a court finds this paragraph unenforceable for a particular claim, that claim goes to court, and it waits until any arbitration is finished. A court, not the arbitrator, decides whether this paragraph is valid.
What stays out of arbitration. Either of us may take an individual claim to small claims court if it qualifies. Nothing in this section waives a claim for public injunctive relief where the law does not allow that waiver; a court decides any such claim after the arbitration ends.
Many similar claims at once. If 25 or more similar arbitration demands are filed against Curate by the same lawyers or organization, the AAA’s Mass Arbitration Supplementary Rules apply to them.
You can opt out. To keep your right to go to court, email support@getcurate.com within 30 days after you first accept this version of these terms. Include your name, the phone number or email on your account, and a clear statement that you opt out of arbitration. Opting out does not change anything else in these terms. An opt-out you sent under an earlier version still counts.
Governing law and courts. California law governs these terms, without regard to its conflict-of-law rules, and the Federal Arbitration Act governs this Section 11. Any case allowed in court will be heard in the state or federal courts in Orange County, California, unless the law where you live gives you the right to sue there. If you live outside the United States, this section applies only as far as your local law allows.
12. Changes and other legal terms
When these terms change. We may update these terms. The current version will always carry its “Last updated” date at getcurate.com/terms-of-service. If a change takes away rights you have or adds new obligations, we will tell you ahead of time, for example by email, text or a message in the app. Continuing to use the Services after a change takes effect means you accept it. A change never applies to a dispute that started before the change took effect.
When the Services change. Curate and Merchants may add, change or remove features, and a Merchant may stop using Curate. When that happens, some features, rewards or account details for that Merchant may no longer be available through the Services; Sections 4 and 5 explain what happens to rewards and wallet balances.
Ending these terms. You can stop using the Services and delete your account at any time (Section 2). We may suspend or end your access as Section 8 describes. Terms that by their nature should last, such as amounts you owe, the disclaimers and limits in Section 10 and the dispute rules in Section 11, continue after these terms end.
The rest of the fine print.
• These terms and the policies they name are the whole agreement between you and Curate about the Services.
• If a court finds part of these terms unenforceable, the rest stays in effect.
• If we do not enforce a term right away, we can still enforce it later.
• You may not transfer these terms or your account to someone else. We may transfer them, for example in a merger, acquisition or sale of assets.
• We are not responsible for failures or delays caused by events beyond our reasonable control, such as outages at payment or phone carriers, natural disasters or government action.
• These terms do not make you and Curate partners, agents or employer and employee.
• Headings are for convenience only and do not change what a section means.
13. Contact us
For a problem with an order, contact the restaurant first; it can fix or refund the order directly. For anything else:
Curate Technologies, Inc., Attn: Customer Support, 1301 Dove Street, Suite 960, Newport Beach, CA 92660. Email: support@getcurate.com.
For privacy questions or requests, email privacy@getcurate.com.
California residents: you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by phone at (916) 445-1254 or (800) 952-5210.