These Terms of Sale ("Terms") govern your purchase of the Curato software product ("Curato," "Software," or "Product") from JK Creative LLC ("JK Creative," "we," "us," or "our"). By completing a purchase you agree to these Terms in full. If you do not agree, do not complete your purchase.
Curato is an AI-powered recommendation engine designed for premium cigar retail. It is sold as a one-time digital product. The Software is delivered as a downloadable package and runs entirely on the buyer's own infrastructure. JK Creative does not host, operate, or maintain the Software on the buyer's behalf after delivery.
Curato is offered in three tiers at the time of purchase. All prices are in United States Dollars (USD).
| Tier | Price (One-Time) | Description |
|---|---|---|
| Web | $600 | Web-based recommendation interface for online storefronts |
| Kiosk | $1,800 | In-store kiosk interface for point-of-sale recommendation |
| Full Suite | $2,500 | Web and Kiosk combined with extended feature set |
Prices are subject to change without notice. The price displayed at checkout is the price you will be charged. Applicable taxes, if any, will be collected at checkout.
Curato is sold as a one-time purchase. There are no recurring fees, subscriptions, or maintenance charges from JK Creative. Your license to use the Software is perpetual subject to the terms of the accompanying Software License Agreement. JK Creative has no obligation to provide updates, upgrades, patches, or new features after delivery unless otherwise stated in writing at the time of purchase.
All payments are processed by Square, Inc. ("Square"). JK Creative does not collect, store, or have access to your payment card number or other sensitive payment credentials. By completing a purchase you acknowledge that:
After successful payment, you will receive a download link at the email address you provided at checkout. The following conditions apply to digital delivery:
Curato's catalog processing features require a Google Gemini API key. The buyer is solely responsible for obtaining, maintaining, and paying for their own Gemini API key. JK Creative has no affiliation with Google and makes no representations regarding the availability, pricing, or terms of the Gemini API. API usage costs are entirely the buyer's responsibility.
To request a refund, email support@jkcreative.store with your order confirmation number and the subject line "Refund Request." Approved refunds will be returned to the original payment method through Square and may take 5–10 business days to appear.
JK Creative reserves the right to deny refund requests that appear fraudulent or in violation of these Terms.
THE SOFTWARE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. JK CREATIVE DOES NOT WARRANT THAT THE SOFTWARE WILL BE ERROR-FREE, UNINTERRUPTED, SECURE, OR COMPATIBLE WITH YOUR INFRASTRUCTURE OR THIRD-PARTY SERVICES. YOU ASSUME ALL RISK ASSOCIATED WITH YOUR USE OF THE SOFTWARE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, JK CREATIVE LLC, ITS MEMBERS, OFFICERS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR PURCHASE OR USE OF THE SOFTWARE, EVEN IF JK CREATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN ALL CASES, JK CREATIVE'S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR THE SOFTWARE SHALL NOT EXCEED THE AMOUNT YOU ACTUALLY PAID JK CREATIVE FOR THE PRODUCT GIVING RISE TO THE CLAIM.
Curato and all associated code, design, documentation, and trade secrets are the exclusive intellectual property of JK Creative LLC. Purchase of the Software grants you a license to use it as described in the accompanying Software License Agreement. No title or ownership of the Software transfers to you. You may not claim authorship of the Software or remove JK Creative branding or copyright notices.
You may not use the Software to:
Violation of this section may result in immediate termination of your license and may give rise to legal liability.
These Terms are governed by and construed in accordance with the laws of the State of Washington, United States, without regard to its conflict-of-law provisions. Any dispute not resolved through arbitration (see Section 13) shall be brought exclusively in the state or federal courts located in Washington State, and you consent to personal jurisdiction in those courts.
Any dispute, claim, or controversy arising out of or relating to these Terms or the purchase of the Software ("Dispute") shall be resolved by binding individual arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules, except as provided below. The arbitration shall be conducted in Washington State or, at your election, by telephone or video conference.
Class Action Waiver. YOU AND JK CREATIVE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person's claims and may not preside over any class or representative proceeding.
Either party may seek emergency injunctive or other equitable relief in a court of competent jurisdiction to prevent actual or threatened infringement, misappropriation, or violation of intellectual property rights.
If the class action waiver above is found unenforceable, the entire arbitration provision shall be void and disputes shall be resolved in court under Section 12.
JK Creative may update these Terms at any time. Updated Terms will be posted at this URL with a revised "Last updated" date. Terms in effect at the time of your purchase govern your transaction. Continued use of the Software after a purchase does not constitute acceptance of updated Terms for that purchase.
If any provision of these Terms is found to be unenforceable or invalid, that provision will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will remain in full force and effect.
These Terms, together with the Software License Agreement and the Privacy Policy, constitute the entire agreement between you and JK Creative regarding your purchase and use of Curato. They supersede all prior negotiations, representations, warranties, and understandings between the parties.
For questions about these Terms or your purchase, contact:
JK Creative LLC
Washington State, United States
Email: support@jkcreative.store