Terms of Service

Last Updated: September 2, 2026

Acceptance of Agreement; Scope

These Terms of Service (these “Terms” or this “Agreement”) are a binding agreement between KURV, an Ohio limited liability company, together with its affiliates, successors, and permitted assigns (“Kurv,” “we,” “us,” or “our”), and you. “You,” “Your,” and “Customer” mean the person accessing the Site or using the Services and, if that person is acting on behalf of a business, that business. You represent that You have authority to bind that business to these Terms. If You are an independent sales agent, sales office, referral partner, or other reseller of Kurv products or services (a “Partner”) and You access the Kurv Partner portal or any other Service in that capacity, “You,” “Your,” and “Customer” include You in that capacity.

These Terms govern Your access to and use of (a) our websites, including kurvpay.com, and any Kurv-branded portal, application, or page that links to these Terms (collectively, the “Site”), and (b) the hardware, software, applications, features, tools, and related support that Kurv makes available to Customers, whether through the Site, the Kurv merchant portal, the Kurv Partner portal, a mobile application, or otherwise (collectively, the “Services”). The Services do not include payment processing, settlement, or funding services, which are governed exclusively by Your Merchant Processing Agreement as described in Section 2.

By accessing the Site, clicking to accept these Terms, signing an order form or application that references them, or using any Service, You agree to these Terms and to our Privacy Policy, which is incorporated by reference. If You do not agree, do not access the Site or use the Services.

We may update these Terms from time to time. We will post the updated Terms on the Site with a new “Last Updated” date. For changes that materially reduce Your rights or increase Your obligations with respect to a Service You have purchased, we will give You at least 30 days’ notice by email, through the merchant portal or the Kurv Partner portal, or by other reasonable means before the change takes effect. Your continued access to the Site or use of the Services after the effective date of an update constitutes acceptance of the updated Terms. If You do not agree to an update, You must stop using the Site and the affected Services.

Relationship to Your Merchant Processing Agreement and Other Agreements

If You receive payment processing services through Kurv, those services are governed by the merchant processing agreement, merchant application, and merchant terms and conditions between You, Kurv, and/or Kurv’s sponsor bank and processor, as amended from time to time (collectively, the “Merchant Processing Agreement” or “MPA”). The MPA, together with the card networks and payment systems referenced in it (the “Card Networks”) and their operating rules (the “Network Rules”), exclusively governs payment processing, authorization, settlement, funding, reserves, holds, chargebacks, disputes, retrieval requests, reversals, refunds, Card Network fines and assessments, processing fees, and Your data-security and PCI DSS obligations with respect to cardholder data.

These Terms govern the Site and the Services. If these Terms conflict with the MPA on any matter described in the preceding paragraph, the MPA controls. If these Terms conflict with an order form, product-specific terms, or in-product terms that You accept for a particular Service, those terms control for that Service. Nothing in these Terms amends, limits, or waives any provision of the MPA.

If You are a Partner, Your relationship with Kurv is governed by the written agreement between You and Kurv, as amended from time to time, together with any additional terms Kurv presents to You in the Kurv Partner portal (“Partner Agreement”). These Terms govern Your access to and use of the Kurv Partner portal and any other Service and apply to You in addition to the Partner Agreement. If these Terms conflict with your Partner Agreement, your Partner Agreement controls. Residual, compensation, portfolio, and merchant-account information displayed in the Kurv Partner portal is provided for Your convenience, may be preliminary or subject to adjustment and reconciliation, and does not by itself create or evidence any right to payment; Your right to compensation is determined solely by the Partner Agreement. Nothing in these Terms amends, limits, or waives any provision of the Partner Agreement or grants You any right to compensation, to any merchant or merchant account, or to any merchant’s data.

Eligibility and Accounts

The Site and the Services are intended for businesses and for individuals who are at least 18 years old. The Site is not directed to children, and we do not knowingly collect personal information from children under 13. You may not use the Services for personal, family, or household purposes.

You are responsible for maintaining the confidentiality of Your account credentials, for all activity under Your account, and for the acts and omissions of every employee, contractor, or other person You permit to access the Services (“Authorized Users”). If You are a Partner, Your Authorized Users include the sales representatives, sub-agents, and other personnel to whom You grant access to the Kurv Partner portal, and You are responsible for every action taken on a merchant or merchant account through the Kurv Partner portal under Your credentials or those of Your Authorized Users. You may take such actions only to the extent authorized by the Partner Agreement and by the affected merchant, and Kurv may limit, review, reverse, or require merchant confirmation of any such action. You must provide accurate and current information, keep it updated, and notify us promptly at [email protected] of any unauthorized access to or use of Your account.

If You are a Partner, it is a condition of Your and Your Authorized Users’ access to the Kurv Partner portal and to every other Kurv online system, portal, application, or Service that You meet the requirements of this paragraph at all times. You represent, warrant, and covenant that (a) You maintain and will maintain a written information security program that meets or exceeds generally accepted industry standards for the protection of merchant, cardholder, and other personal and financial information, including administrative, technical, and physical safeguards, role-based access controls, encryption of data in transit and at rest, multi-factor authentication for access to Kurv systems, workforce training, and incident-response procedures; (b) You comply and will comply with all applicable data security and privacy laws and regulations, the Network Rules, and, to the extent applicable to You, the PCI DSS; and (c) You will notify Kurv at [email protected] promptly, and in any event within 24 hours, after discovering any actual or suspected security incident involving Your Kurv credentials, any Kurv system, or Merchant Data in Your possession or control. Kurv may require reasonable evidence of Your compliance with this paragraph, including completed security questionnaires or third-party assessments, and may condition, suspend, or revoke access to any Kurv system or Service if You do not provide it or if Kurv reasonably believes You do not meet these requirements.

Copyright and Trademarks

The content, organization, graphics, design, compilation, digital conversion and other matters related to the Site and the Services are protected under applicable U.S. and international copyright, trademark and other proprietary (including but not limited to intellectual property) rights. “Kurv” and other marks are either trademarks or registered trademarks of Kurv. Other product, company names, and content displayed on the Site may be the trademarks or copyrights of their respective owners. Individual documents on this server may have different copyright conditions, and that will be noted in those documents. The copying, redistribution, use or publication by You of any such matters or any part of the Site or the Services, except as allowed by this Agreement, is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the Site or the Services. The posting of information or materials on the Site by Kurv does not constitute a waiver of any rights in such information and materials.

License; Restrictions; Feedback

Subject to these Terms, Kurv grants You a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Site and the Services, including any Kurv software, applications, and documentation, solely for Your internal business purposes (or, if You are a Partner, solely to manage Your Kurv-related business and the merchant portfolio You service under the Partner Agreement) during the term of Your subscription, enrollment, or Partner Agreement and within any usage limits in Your order form. Content on the Site may be viewed and printed for Your internal business use only, provided You keep intact all copyright and other proprietary notices. All right, title and interest in and to the Site, the Services, and all related materials (including all copyrights, trademarks, service marks, trade names, and derivative works) are owned or controlled by and remain vested in Kurv and its licensors. All rights not expressly granted are reserved.

Except as expressly permitted in these Terms, You will not, and will not permit anyone else to: (a) copy, modify, translate, or create derivative works of the Site or the Services; (b) reverse engineer, decompile, disassemble, or otherwise attempt to derive source code, models, or algorithms; (c) sell, resell, rent, lease, sublicense, or otherwise make the Services available to third parties, other than to Your Authorized Users; (d) remove or alter any proprietary notices; (e) access the Services to build a competing product or to publish benchmark results; or (f) use the Site, the Services, or any Kurv content or output to train, fine-tune, or evaluate any machine-learning or artificial-intelligence model, other than through features Kurv provides.

If You provide suggestions, ideas, or other feedback about the Site or the Services, Kurv may use that feedback without restriction or compensation to You.

Hardware

Kurv may sell, lease, or loan payment terminals, card readers, and other equipment (“Hardware”) to You under an order form or an in-portal purchase. Unless the order form states otherwise: (a) title to purchased Hardware and risk of loss pass to You on delivery; (b) leased or loaned Hardware remains the property of Kurv or its supplier, must be kept in good condition, and must be returned within 30 days after the applicable Service ends, failing which You will pay Kurv the replacement value stated in Your order form or Kurv’s then-current price list; (c) Hardware is covered only by the manufacturer’s warranty, if any, which Kurv passes through to You to the extent it is permitted to do so, and Kurv makes no separate warranty; and (d) returns and exchanges are governed by Kurv’s return policy in effect at the time of purchase.

You are responsible for installing and operating Hardware in accordance with its documentation, for Your network and internet connectivity, for maintaining Hardware in a manner consistent with the PCI DSS and the Network Rules, and for not opening, altering, or tampering with any Hardware.

Fees and Payment

Fees for the Services and Hardware are as stated in Your order form, application, enrollment or activation screen, or fee schedule (“Fees”). Unless otherwise stated, Fees are billed in advance, are non-refundable, and exclude taxes, which You are responsible for. You authorize Kurv to collect Fees by debiting the bank account or card on file or by deducting them from settlement funds, as permitted by Your order form or the MPA. Amounts not paid when due may accrue interest at the maximum rate permitted by applicable law, and Kurv may suspend the Services for non-payment. You must notify Kurv of any billing dispute within 60 days after the charge; charges not disputed within that period are deemed accepted. Kurv may change Fees on notice as described in Section 1.

Acceptable Use

You will not, and will not permit any Authorized User to: (a) use the Site or the Services in violation of any law, the Network Rules, or the rights of others; (b) use the Services in connection with any business or activity that Kurv or its sponsor bank prohibits under the MPA or Kurv’s prohibited-business policy; (c) upload or transmit malicious code or any content that is unlawful, infringing, defamatory, or deceptive; (d) interfere with or disrupt the integrity or performance of the Site or the Services, or attempt to gain unauthorized access to any system, account, or data; (e) use any robot, spider, scraper, or other automated means to access, harvest, or index the Site or the Services or their content, or circumvent any access control or rate limit; (f) impersonate any person or misrepresent Your affiliation with any person; or (g) use the Services to send unsolicited or unlawful communications. Kurv may investigate suspected violations and cooperate with law enforcement and the Card Networks.

Your Content and Data; Privacy

You retain ownership of the data, documents, images, and other content that You or Your Authorized Users submit to or generate through the Services, including information about Your customers and transactions (“Customer Content”). You grant Kurv and its service providers a non-exclusive, worldwide, royalty-free license to host, copy, process, transmit, display, and otherwise use Customer Content as necessary to provide, secure, support, and improve the Site and the Services, to comply with law, and as otherwise described in these Terms and our Privacy Policy.

You are solely responsible for Customer Content and represent that You have all rights, consents, and notices required to collect it and to provide it to Kurv for the uses described in these Terms, including any notices to or consents from Your own customers required by applicable privacy law. Kurv’s collection and use of personal information is described in our Privacy Policy. Kurv may create and use aggregated or de-identified data derived from Customer Content and Your use of the Services for any lawful purpose, provided that data does not identify You or any individual. The Services are not a system of record; You are responsible for maintaining Your own copies of Customer Content. If You are a Partner, information about merchants, their accounts, and their transactions that You access through the Kurv Partner portal (“Merchant Data”) is not Your Customer Content. You may access and use Merchant Data only as necessary to perform under the Partner Agreement; must keep it confidential and protect it as required by the Partner Agreement, the Network Rules, and applicable law, including financial-privacy and data-security laws; may not sell, share, or use it for any other purpose; and must return or destroy it when the Partner Agreement ends or Kurv so requests. Kurv may limit or revoke Your access to Merchant Data at any time.

Artificial Intelligence

Kurv uses artificial intelligence and machine-learning technologies (“AI”) in the Site and the Services, including to power customer support, analytics and insights, risk and fraud tools, document preparation, and other features. Some features are labeled as AI-powered; others may use AI in the background. AI features may be provided using models, tools, or services of third-party providers, which Kurv engages under contractual data-protection commitments consistent with these Terms and our Privacy Policy.

AI output may be inaccurate, incomplete, or biased and may not reflect current law, the Network Rules, or Your specific circumstances. You are responsible for reviewing AI output before relying on or acting on it. AI output is not legal, tax, accounting, financial, or other professional advice.

Some AI features may, at Your direction or under settings, rules, or permissions that You or Your Authorized Users configure, take actions in Your account or on Your behalf, such as drafting or sending communications, updating records, or initiating workflows. Any such action is deemed taken by You. You are responsible for the instructions, permissions, and automation rules You provide or approve, for the results of actions taken under them, and for any AI feature You enable for Your Authorized Users. Kurv may require confirmation before an AI feature takes certain actions and may limit, pause, or disable any AI feature at any time.

You acknowledge and agree that Kurv may use Customer Content, AI inputs and outputs, and data about Your use of the Services to develop, train, test, evaluate, and improve Kurv’s AI models, features, and Services. Kurv will do so in accordance with our Privacy Policy, applicable law, and the Network Rules; will not use cardholder primary account numbers or sensitive authentication data for these purposes; and will de-identify or aggregate personal information for these purposes where reasonably practicable. You may opt out of the use of Your Customer Content to train AI models by contacting [email protected]; opting out may limit certain features. Do not submit information to an AI feature that You do not have the right to share with Kurv for these purposes.

Dispute Recovery Support

Scope

Dispute Recovery Support is an optional Service through which Kurv assists enrolled Customers in responding to chargebacks, retrieval requests, pre-dispute inquiries, and similar payment disputes (“Disputes”). It optimizes rebuttal submissions on Your behalf. Kurv may provide Dispute Recovery Support directly or through third-party providers, and may modify, suspend, or discontinue it at any time.

No Guarantee of Success

KURV DOES NOT GUARANTEE THAT ANY DISPUTE WILL BE PREVENTED, REVERSED, WON, OR RECOVERED, IN WHOLE OR IN PART. Dispute outcomes are decided by card issuers and the Card Networks under the Network Rules, are outside Kurv’s control, and are final as between You and Kurv. Any recovery rates, win rates, estimates, or similar figures Kurv provides are historical or illustrative only and are not a promise of results. Dispute Recovery Support is not insurance, a guarantee, or an assumption by Kurv of any Dispute or chargeback liability.

Chargeback Liability Governed by the MPA

Your liability for chargebacks, Disputes, reversals, refunds, retrieval requests, Card Network fines, fees, and assessments, and reserves, and the rights of Kurv and its sponsor bank with respect to them, are governed exclusively by Your Merchant Processing Agreement, the terms of which are incorporated into this Section by reference. Nothing in these Terms or in Kurv’s provision of Dispute Recovery Support modifies, limits, transfers, or waives any provision of the MPA. If this Section conflicts with the MPA, the MPA controls.

Your Responsibilities

You are solely responsible for (a) the accuracy, completeness, and lawfulness of all information and documents You provide or make available for a Dispute response; (b) providing that information by the deadlines Kurv communicates, which may be earlier than the Card Network deadlines; (c) any automated-resolution rules You configure or approve, including transactions that are refunded automatically under those rules, which You accept as Your own refunds and may not later contest; and (d) Your compliance with the Network Rules in the underlying transaction. Kurv has no obligation to respond to any Dispute for which You have not timely provided complete information and has no liability for any Dispute that is lost, expires, or goes unaddressed as a result.

Third-Party Services and Links

The Site and the Services may contain links to other websites, and may enable You to purchase, install, or integrate products, applications, hardware, and services provided by third parties, including app-marketplace applications, integrations, hardware manufacturers, and Card Network dispute tools (together with linked websites, “Third-Party Services”). Third-Party Services are governed by the third party’s own terms and privacy policies, which You are responsible for reviewing and accepting. We are not responsible for the content, accuracy or opinions expressed in such websites, and such websites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked website or Third-Party Service on our Site does not imply approval or endorsement by us. If You decide to leave our Site and access these third-party sites, or to use any Third-Party Service, You do so at Your own risk. Kurv may disable or remove any Third-Party Service or integration at any time, including at the request of the third party, a Card Network, or Kurv’s sponsor bank.

Changes to the Site and Services; Suspension

We reserve the right in our sole discretion to add, modify, or discontinue any feature, content, or Service, and to edit or delete any documents, information or other content appearing on the Site, at any time. We will use reasonable efforts to notify You in advance of the discontinuation of a paid Service and, where Fees have been prepaid for that Service, to refund the unused portion.

We may suspend or restrict Your access to the Site or any Service, with or without notice, if we reasonably believe that (a) You have breached these Terms, the MPA, the Partner Agreement, or the Network Rules; (b) Your use poses a security, legal, fraud, or reputational risk to Kurv, its sponsor bank, other customers, or the public; (c) suspension is required by law, a Card Network, or our sponsor bank or processor; (d) Fees are past due; or (e) if You are a Partner, You do not meet the data security and privacy requirements in Section 3.

Term and Termination

These Terms apply for as long as You access the Site or use any Service. Subscription-based Services continue for the term stated in Your order form and renew as stated there. Either party may terminate a Service as provided in the applicable order form or, if the order form is silent, on 30 days’ written notice. Kurv may terminate these Terms or any Service immediately on notice if You materially breach these Terms, if Your MPA or Partner Agreement terminates, or for any of the reasons described in Section 13.

On termination: Your license to use the affected Services ends; You must pay all Fees accrued through the termination date; You must return any leased or loaned Hardware as described in Section 6; Sections 2, 4, 5 (as to restrictions and ownership), 7, 9, 10, 11.2 through 11.4, 15 through 19, and 22 survive any termination.

Disclaimer of Warranties

THE SITE, THE SERVICES, HARDWARE (EXCEPT AS PROVIDED IN SECTION 6), AND ALL CONTENT, INFORMATION, AND AI OUTPUT ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, KURV AND ITS AFFILIATES, LICENSORS, AND SUPPLIERS DISCLAIM ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. KURV DOES NOT WARRANT THAT THE SITE OR THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; THAT ANY CONTENT OR AI OUTPUT WILL BE ACCURATE, COMPLETE, OR CURRENT; OR THAT THE SERVICES WILL ACHIEVE ANY PARTICULAR RESULT, INCLUDING THE RECOVERY OR PREVENTION OF ANY DISPUTE.

INFORMATION ON THE SITE, INCLUDING PRESS RELEASES AND PRICING INFORMATION, IS PROVIDED FOR GENERAL INFORMATIONAL PURPOSES ONLY, MAY BE OUTDATED, AND IS NOT AN OFFER. WE HAVE NO DUTY TO UPDATE IT. NOTHING ON THE SITE OR IN THE SERVICES IS LEGAL, TAX, ACCOUNTING, OR OTHER PROFESSIONAL ADVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL KURV OR ITS AFFILIATES, LICENSORS, SUPPLIERS, OR SPONSOR BANK BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, OR THE COST OF SUBSTITUTE SERVICES, THAT RESULT FROM OR RELATE TO THESE TERMS, THE SITE, THE SERVICES, HARDWARE, THIRD-PARTY SERVICES, ANY DISPUTE OUTCOME, OR THE USE OF, INABILITY TO USE, OR UNAVAILABILITY OF THE SITE OR SERVICES, OR FROM ANY DAMAGE, LOSS, OR INJURY RESULTING FROM HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS TO OR USE OF THE SERVICES OR YOUR ACCOUNT, REGARDLESS OF THE THEORY OF LIABILITY AND WHETHER ANY PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, KURV’S TOTAL CUMULATIVE LIABILITY TO YOU ARISING FROM ALL CLAIMS UNDER OR RELATED TO THESE TERMS, THE SITE, OR THE SERVICES WILL NOT EXCEED FOR CLAIMS RELATING TO A PAID SERVICE OR HARDWARE, THE GREATER OF THE FEES YOU PAID KURV FOR THAT SERVICE OR HARDWARE IN THE THREE (3) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM OR FIVE HUNDRED DOLLARS ($500).

These limitations apply to the fullest extent permitted by law, are an essential basis of the bargain between You and Kurv, and apply even if a limited remedy fails of its essential purpose. They do not limit Your payment or indemnification obligations or any liability that cannot be limited by law, and they neither limit nor expand any remedy available under the MPA, which is governed by its own terms. Any claim arising out of or related to these Terms, the Site, or the Services must be brought within one (1) year after the claim accrues or it is permanently barred.

Indemnification

You agree to defend, indemnify and hold harmless Kurv, its affiliates, its sponsor bank, and their respective directors, officers, employees and agents (collectively, “Affiliated Parties”) from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, fines, assessments, costs and expenses (including reasonable attorney’s fees and costs) arising out of or relating to: (a) Customer Content or any material posted or otherwise provided by You, including any claim that it infringes any copyright, trademark, trade secret, trade dress, patent or other intellectual property right of any person or defames any person or violates their rights of publicity or privacy, and any inaccurate or incomplete information provided in connection with a Dispute; (b) any misrepresentation made by You in connection with Your use of the Site or the Services; (c) any breach by You or Your Authorized Users of these Terms, the Network Rules, or applicable law; (d) Your products, services, and dealings with Your own customers; (e) Your access to and use of the Site, the Services, Hardware, and Third-Party Services; and (f) if You are a Partner, any action taken on a merchant or merchant account through the Kurv Partner portal under Your account, Your use of Merchant Data, and Your dealings with merchants and with Your own sales personnel. Notwithstanding the foregoing, Kurv reserves the right to assume at its expense the exclusive defense and control of any matter subject to indemnification by You, in which event You will fully cooperate with Kurv in asserting any available defenses. You may not settle any claim in a manner that imposes any obligation or admission on an Affiliated Party without Kurv’s prior written consent.

Governing Law; Dispute Resolution; Arbitration; Class Action Waiver

Governing Law

These Terms, and any dispute arising out of or related to them, the Site, or the Services, are governed by the laws of the State of Ohio, without giving effect to any principles of conflicts of laws.

Collection Actions

If You fail to pay Fees or other amounts due under these Terms, Kurv may sue You in court to collect them. Personal jurisdiction and exclusive venue for any such lawsuit lie in the federal or state courts located in Cuyahoga County, Ohio, and You waive all objections to that jurisdiction and venue. If, in response to such a lawsuit, You assert a counterclaim, cross-claim, or third-party complaint against Kurv, then Your claims and defenses and Kurv’s claims and defenses will be resolved by arbitration under Section 18.3, unless waived, and no affirmative defense or request for setoff You assert in response to Kurv’s complaint may exceed the amount Kurv seeks or is awarded in the lawsuit.

Arbitration

Except as provided in Section 18.2, any claim or dispute arising out of or related to these Terms, the Site, or the Services will be finally resolved by binding arbitration. A party that intends to arbitrate must first give the other party written notice of the dispute and refrain from commencing arbitration for thirty (30) days after that notice so the parties may attempt to resolve the dispute themselves. If the dispute is not resolved, the party giving notice may commence arbitration under the rules of the American Arbitration Association (the “AAA Rules”). The arbitration will be held exclusively in Cleveland, Cuyahoga County, Ohio, before a single arbitrator mutually chosen by the parties or, if the parties do not agree within fifteen (15) days after notice of the arbitration, appointed under the AAA Rules. The arbitrator may award any remedy or relief that a court of the State of Ohio could order or grant, including specific performance, injunctive relief, and sanctions for abuse or frustration of the arbitration process. The arbitrator’s decision is final and binding, and judgment on the award may be entered and enforced in any court of competent jurisdiction. The fees and expenses of the arbitration will be borne equally by the parties, and each party will bear the expense of its own counsel, experts, witnesses, and preparation, except that the arbitrator may award a party such sums as the arbitrator deems proper for the time, expense, and inconvenience of the arbitration, including arbitration fees and expenses and attorneys’ fees and expenses. Except to the extent that entry or enforcement of judgment requires disclosure, all matters relating to the arbitration, including the award, will be held in confidence by the parties.

Class Action Waiver

ARBITRATION WILL BE CONDUCTED ON AN INDIVIDUAL BASIS ONLY. THERE IS NO RIGHT OR AUTHORITY FOR ANY CLAIM OR DISPUTE TO BE ARBITRATED OR LITIGATED ON A CLASS-ACTION OR CONSOLIDATED BASIS, OR IN A REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL CAPACITY, AND YOU AND KURV EACH WAIVE ANY RIGHT TO BRING OR PARTICIPATE IN ANY SUCH PROCEEDING. If this Section 18.4 is found unenforceable as to a particular claim, that claim will be severed and heard only in the courts identified in Section 18.2, and this Section 18.4 will continue to apply to all other claims.

Jury Trial Waiver

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND KURV EACH WAIVE ANY RIGHT TO TRIAL BY JURY IN CONNECTION WITH ANY DISPUTE BETWEEN THEM, WHETHER IN COURT UNDER SECTION 18.2 OR OTHERWISE.

Disputes Under the MPA

Any dispute arising under the MPA is governed by the dispute-resolution provisions of the MPA (currently Sections 26 and 27). If a dispute arises under both these Terms and the MPA, the MPA’s dispute-resolution provisions control.

Electronic Communications and Notices

You consent to receive all agreements, notices, disclosures, and other communications from Kurv electronically, including by email to the address on Your account, through the merchant portal or the Kurv Partner portal, or by posting on the Site, and You agree that electronic communications satisfy any legal requirement that they be in writing. You may withdraw this consent by closing Your account. Notices to Kurv must be sent to Kurv, Attn: Legal Department, 250 West Huron Road, Suite 400, Cleveland, OH 44113, with a copy by email to [email protected].

Consent to Receive SMS and Email Communications

By entering your phone number or email address and submitting a contact form or otherwise providing them to Kurv, you consent to receive text messages and/or emails from Kurv at the number and/or email address provided, including marketing messages and messages sent using an autodialer or a prerecorded or artificial voice. Consent is not a condition of any purchase. Message and data rates may apply. Message frequency varies. You may revoke consent at any time by any reasonable means, including by replying STOP, QUIT, END, REVOKE, OPT OUT, CANCEL, or UNSUBSCRIBE to any message, by clicking the unsubscribe link (where available) in one of our messages, or by contacting us at [email protected]; we will honor revocation requests within the time required by law. Reply HELP to (213) 758-8976 for help. Carriers are not liable for delayed or undelivered messages. Kurv does not sell or share mobile opt-in data or consent with third parties for their marketing purposes. View our Privacy Policy for more information.

Export Control and Sanctions

The Site and the Services are offered to Customers located in the United States and are controlled from the United States. You represent that You are not located in, and are not a national or resident of, any country or territory subject to comprehensive U.S. sanctions, and that You are not identified on any U.S. government restricted-party list. You will comply with all applicable export-control and sanctions laws and will not use the Services in violation of them. References on the Site to products or services do not mean they are available in Your location.

Miscellaneous

These Terms, together with the Privacy Policy and any order form or product-specific terms You accept, are the entire agreement between You and Kurv regarding the Site and the Services and supersede all prior or contemporaneous agreements, representations, and understandings on that subject. They do not supersede or amend the MPA or the Partner Agreement. If any part of these Terms is found unenforceable, the remainder remains in effect. Kurv’s failure to enforce a right under these Terms is not a waiver of that right. You may not assign these Terms or any order form without Kurv’s prior written consent; Kurv may assign them to an affiliate or to a successor to its business without Your consent. Kurv is not liable for any delay or failure caused by events beyond its reasonable control, including outages of third-party networks, carriers, Card Networks, or processors. The parties are independent contractors, and there are no third-party beneficiaries of these Terms other than the Affiliated Parties. Headings are for convenience only. Questions about these Terms should be directed to [email protected].