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Terms of Service

Last updated: March 2026

1. Scope and Provider

These Terms of Service govern your use of the Curate desktop application ("Software") provided by:

Curate Software
Marius Menkel
Voecklinghauserstrasse 21
45130 Essen, Germany
E-Mail: info@curatesamples.com

By downloading, installing, or using the Software, you agree to these terms. If you do not agree, do not use the Software.

2. Purchase and Payment

Purchases are processed by Polar Software, Inc. (Polar.sh), who acts as Merchant of Record. When you purchase the Software, you enter into a contract with Polar on our behalf. Polar's own Terms of Service also apply to the transaction.

All prices are shown excluding VAT. Applicable VAT is calculated and collected by Polar at checkout based on your location.

3. Right of Withdrawal for Consumers

If you are a consumer (i.e. a natural person acting outside of your trade, business, or profession), you have the right to withdraw from this contract within 14 days without giving any reason, in accordance with the EU Consumer Rights Directive.

The withdrawal period begins on the day you conclude the contract.

Exception — Digital Content: The right of withdrawal does not apply once download or access of the Software has begun, provided that:

  • you have expressly consented to the immediate supply of the digital content before the withdrawal period has expired, and
  • you have acknowledged that you thereby lose your right of withdrawal.

This consent and acknowledgment is collected at checkout. If you have not yet downloaded or accessed the Software, you may exercise your right of withdrawal by contacting us at info@curatesamples.com within 14 days of purchase.

14-Day Money-Back Guarantee

Regardless of the above, we offer a 14-day money-back guarantee on all purchases. If you are not satisfied for any reason, contact us within 14 days of purchase at info@curatesamples.com and we will issue a full refund — no questions asked.

4. License Grant

Upon purchase, you receive a perpetual, non-exclusive, non-transferable license to use the Software. The license is valid for:

  • One user
  • Up to 3 devices owned by that user
  • All future updates to the current major version

5. Restrictions

You may not:

  • Reverse engineer, decompile, or disassemble the Software
  • Rent, lease, or sublicense the Software to third parties
  • Remove or modify any proprietary notices or labels
  • Use the Software to develop competing products

6. Intellectual Property

The Software and all associated intellectual property rights remain the property of Curate Software (Marius Menkel). These terms do not grant you any rights to trademarks or service marks.

7. Your Content

You retain all rights to your audio files and samples. The Software processes files locally on your device and does not claim any ownership or rights to your content.

8. Warranty

Your statutory warranty rights under applicable law apply. We do not exclude or limit any rights you have as a consumer that cannot be excluded or limited under applicable law.

We aim to keep the Software functional and up to date. We will address defects that significantly impair the Software's fitness for purpose.

9. Limitation of Liability

To the extent permitted by applicable law, our liability for damages caused by slight negligence is excluded, unless they result from a breach of a material contractual obligation (Kardinalpflicht), personal injury, or a guarantee. Liability for gross negligence and intentional misconduct remains unlimited.

Nothing in these terms limits or excludes liability in a way that is not permitted under German law (BGB).

10. Termination

We may terminate your license if you materially violate these terms and fail to remedy the violation within a reasonable period after notice. Upon termination, you must cease all use of the Software.

11. Changes to These Terms

We reserve the right to modify these terms. If we make material changes, we will notify you via the application or by email. If you do not agree to the updated terms, you may contact us to terminate the license and request a refund within a reasonable period of receiving notice.

12. Governing Law and Jurisdiction

These terms are governed by German law. The UN Convention on Contracts for the International Sale of Goods (CISG) does not apply.

If you are a consumer resident in the EU, you also benefit from any mandatory consumer protection provisions of the law of your country of residence.

13. Online Dispute Resolution

The European Commission provides an Online Dispute Resolution (ODR) platform: https://ec.europa.eu/consumers/odr/

We are not obligated to participate in dispute resolution proceedings before a consumer arbitration board and do not generally do so.

Contact

For questions about these terms: info@curatesamples.com