← Go Back

CurbSync Terms of Use

Effective Date: September 9, 2026

These Terms of Use ("Terms") govern access to and use of the CurbSync website, software, applications, APIs, messaging functionality, and related services (collectively, the "Service") provided by CURBSYNC LLC, a Texas limited liability company ("CurbSync," "Company," "we," "us," or "our").

By accessing or using the Service, you agree to these Terms. If you use the Service on behalf of a business or other organization, you represent and warrant that you have authority to bind that organization, and "you" includes that organization.

If you do not agree to these Terms, do not access or use the Service.

1. Description of the Service

CurbSync provides software and related infrastructure that helps retailers, restaurants, and other businesses coordinate curbside pickup and related order communications. Depending on the customer's configuration, the Service may facilitate order-status notifications, pickup notifications, customer arrival notifications, two-way communications, email or SMS messages, integrations, dashboards, APIs, webhooks, and related functionality.

CurbSync is a technology service provider. CurbSync does not take possession of merchandise, prepare orders, determine whether an order is ready, deliver merchandise, or otherwise act as the retailer's or restaurant's agent unless expressly agreed in writing.

2. Business Customers and End Users

Businesses that use CurbSync ("Customers") are responsible for their use of the Service and for the conduct of their employees, contractors, agents, and other authorized users.

Customers are responsible for ensuring that they have all rights, permissions, consents, notices, and legal authority required to provide information to CurbSync and to send communications to their customers through the Service.

CurbSync may process information on behalf of Customers. A Customer may determine the purposes and content of communications sent to its customers, while CurbSync provides the technical means to facilitate those communications.

3. Accounts and Security

You must provide accurate, current, and complete information when creating an account and must keep that information current.

You are responsible for maintaining the confidentiality of account credentials and for all activity occurring under your account. You must promptly notify CurbSync of unauthorized access, suspected credential compromise, or other security incidents involving your account.

CurbSync may suspend, restrict, or terminate accounts that present security, legal, compliance, fraud, abuse, or operational risks.

4. Acceptable Use

You may use the Service only for lawful purposes and in accordance with these Terms.

You may not:

  • violate any applicable law, regulation, rule, carrier requirement, or third-party policy;
  • use the Service to send unlawful, deceptive, fraudulent, abusive, harassing, threatening, or unsolicited communications;
  • send messages to recipients without legally sufficient consent where consent is required;
  • use purchased, scraped, harvested, or otherwise improperly obtained contact information for messaging;
  • circumvent or interfere with carrier, messaging-provider, anti-spam, rate-limit, fraud-prevention, or compliance systems;
  • impersonate another person or business;
  • transmit malware or malicious code;
  • attempt to gain unauthorized access to the Service or another user's account;
  • interfere with the operation or security of the Service;
  • reverse engineer, decompile, disassemble, or attempt to derive source code from the Service except to the extent such restriction is prohibited by law;
  • use the Service to develop or operate a substantially similar competing service using non-public CurbSync information; or
  • use the Service in a manner that could reasonably cause CurbSync, its infrastructure providers, messaging providers, carriers, or other partners to violate their terms, policies, or legal obligations.

CurbSync may investigate suspected violations and may remove content, suspend messaging, restrict features, suspend accounts, or terminate access when reasonably necessary to protect CurbSync, its Customers, recipients, service providers, or the public.

5. SMS and Messaging

The Service may enable Customers to send SMS, MMS, or other electronic messages to their customers.

Customer responsibility for consent

Customers are solely responsible for obtaining and maintaining all consent required to send messages to their recipients. Consent must be obtained in accordance with applicable law, telecommunications-carrier requirements, messaging-provider requirements, and applicable industry standards.

Customers must not use CurbSync to send messages to individuals who have opted out or otherwise withdrawn consent.

Customers are responsible for maintaining appropriate records demonstrating when, how, and for what purpose a recipient consented to receive messages.

Sender identification

Messages sent through the Service should accurately identify the applicable retailer, restaurant, or other Customer as the sender when required. CurbSync may require Customers to identify themselves, their business, and the purpose of their messaging before enabling messaging functionality.

Opt-out

Recipients may opt out of recurring SMS communications by replying with standard opt-out keywords such as STOP, STOPALL, UNSUBSCRIBE, CANCEL, END, QUIT, or other supported keywords.

Where applicable, CurbSync may process opt-out requests automatically. Customers must honor opt-out requests and must not attempt to circumvent an opt-out.

A recipient may be able to receive a single confirmation message after opting out, but further recurring messages should not be sent unless the recipient subsequently provides appropriate consent.

Help

Recipients may request assistance by replying HELP where supported. Customers are responsible for providing appropriate support information for their messaging programs.

Message frequency and charges

Message frequency varies based on the Customer's configuration and activity. Message and data rates may apply to recipients depending on their mobile carrier or service plan.

CurbSync may impose usage limits, messaging restrictions, fees, or other controls described in the applicable pricing or order documentation.

CurbSync does not guarantee that any particular SMS, MMS, email, push notification, or other communication will be delivered, received, delivered without delay, or displayed in an intended format.

6. Third-Party Messaging and Other Services

The Service may depend upon third-party providers, including telecommunications carriers, SMS/MMS providers, cloud infrastructure providers, payment processors, analytics providers, email providers, ecommerce platforms, point-of-sale providers, authentication providers, and other technology providers.

CurbSync may transmit information to these providers as reasonably necessary to operate the Service.

Third-party services are subject to their own terms, policies, availability, and technical limitations. CurbSync is not responsible for failures, delays, outages, filtering, blocking, or other actions taken by third parties or telecommunications carriers.

7. Customer Data

As between CurbSync and a Customer, the Customer generally retains its rights in information that the Customer submits to the Service ("Customer Data"), subject to the rights granted to CurbSync under these Terms.

The Customer grants CurbSync a non-exclusive, worldwide, royalty-free license to host, copy, process, transmit, modify as technically necessary, display, and otherwise use Customer Data solely as reasonably necessary to provide, maintain, secure, support, improve, and develop the Service and to comply with law.

CurbSync may create and use aggregated, statistical, anonymized, or de-identified information derived from use of the Service, provided that such information does not reasonably identify an individual or Customer. CurbSync may use such information for lawful business purposes, including analytics, benchmarking, product development, security, and marketing.

Customers are responsible for ensuring that Customer Data does not violate law or third-party rights.

8. Business and Marketing Partners

CurbSync may work with affiliates, contractors, technology providers, resellers, referral partners, integration partners, marketing partners, advertising providers, and other business partners.

Subject to applicable law and the limitations described in the Privacy Policy, CurbSync may disclose business, account, usage, and other information to such parties where reasonably necessary to operate, market, improve, support, or expand CurbSync or its services.

CurbSync will not sell or share a recipient's mobile number or SMS opt-in information with third parties or affiliates for their own independent marketing or promotional purposes where prohibited by applicable messaging requirements. Nothing in this provision prevents CurbSync from sharing information with service providers that process information on CurbSync's behalf or with parties necessary to provide messaging and other requested services.

9. Intellectual Property

The Service, including its software, interfaces, designs, trademarks, logos, documentation, workflows, and underlying technology, is owned by or licensed to CurbSync and is protected by applicable intellectual-property laws.

Except for the limited rights expressly granted in these Terms, no ownership rights are transferred to you.

You may provide suggestions, ideas, feedback, or recommendations regarding the Service. You grant CurbSync a perpetual, irrevocable, worldwide, royalty-free right to use, reproduce, modify, distribute, and otherwise exploit such feedback without restriction or compensation.

10. Fees and Payments

Certain features or Service plans may require payment. Fees are described in the applicable pricing, order form, subscription page, or other commercial documentation.

Unless otherwise stated, fees are non-refundable except where required by law or expressly provided in writing.

CurbSync may change pricing, plans, features, or usage rates without notice. Taxes, telecommunications charges, carrier charges, and other third-party charges may apply.

11. Trials and Beta Features

CurbSync may offer trials, previews, beta functionality, or experimental features.

Such features may be modified, suspended, or discontinued at any time and may contain errors or limitations. Unless expressly stated otherwise, beta and trial functionality is provided "AS IS" without warranties.

12. Availability and Changes

CurbSync does not guarantee that the Service will be available continuously or without interruption.

We may modify, suspend, or discontinue all or any portion of the Service at any time. We may also impose technical or usage limits when reasonably necessary for security, reliability, capacity, compliance, or other legitimate operational reasons.

13. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS."

CURBSYNC DISCLAIMS ALL EXPRESS, IMPLIED, STATUTORY, AND OTHER WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AVAILABILITY, RELIABILITY, SECURITY, AND QUIET ENJOYMENT.

CURBSYNC DOES NOT WARRANT THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, OPERATE WITHOUT INTERRUPTION OR ERROR, PREVENT DATA LOSS, OR DELIVER ANY PARTICULAR BUSINESS, OPERATIONAL, FINANCIAL, OR OTHER RESULT.

14. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, CURBSYNC AND ITS MEMBERS, MANAGERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AFFILIATES, LICENSORS, SERVICE PROVIDERS, AND BUSINESS PARTNERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, OR OTHER SIMILAR DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOST BUSINESS, LOST DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, OR COSTS OF SUBSTITUTE SERVICES, ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS, REGARDLESS OF THE THEORY OF LIABILITY.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, CURBSYNC'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS PAID TO CURBSYNC BY THE CLAIMANT FOR THE SERVICE DURING THE THREE MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM OR (B) $100.

Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited.

15. Indemnification

You agree to defend, indemnify, and hold harmless CurbSync and its members, managers, officers, directors, employees, agents, affiliates, licensors, service providers, and business partners from and against claims, liabilities, damages, losses, judgments, penalties, fines, costs, and expenses, including reasonable attorneys' fees, arising out of or relating to:

  • your use or misuse of the Service;
  • your violation of these Terms;
  • Customer Data or other content you submit;
  • your messaging activities;
  • your failure to obtain required consent or honor an opt-out;
  • your violation of applicable law or third-party rights; or
  • your employees', contractors', agents', or authorized users' acts or omissions.

16. Termination

You may stop using the Service at any time.

CurbSync may suspend or terminate your account or access to the Service at any time if we reasonably believe that you violated these Terms, created legal or compliance risk, created a security or operational risk, failed to pay amounts due, abused the Service, or otherwise created a material risk to CurbSync or others. We may also terminate or discontinue the Service generally.

Upon termination, your right to use the Service ends. Provisions that by their nature should survive termination will survive, including provisions concerning intellectual property, disclaimers, limitations of liability, indemnification, dispute resolution, and applicable rights and obligations.

17. Governing Law and Disputes

These Terms are governed by the laws of the State of Texas, without regard to conflict-of-law principles.

To the extent permitted by law, disputes arising out of or relating to these Terms or the Service will be resolved exclusively in the state or federal courts located in Texas, and you consent to personal jurisdiction and venue in those courts.

Arbitration and class-action waiver

To the maximum extent permitted by applicable law, CurbSync may elect to resolve an individual dispute through binding arbitration rather than court proceedings. Where permitted, you and CurbSync agree that disputes will be brought only on an individual basis and not as a class, collective, consolidated, or representative action.

This section does not prevent either party from seeking temporary or preliminary injunctive relief in a court of competent jurisdiction where necessary to protect intellectual property, confidential information, security, or other rights.

18. Changes to These Terms

We may update these Terms from time to time. Updated Terms will be posted through the Service or on our website with an updated effective date.

Your continued use of the Service after an updated version becomes effective constitutes acceptance of the revised Terms to the extent permitted by law.

19. Miscellaneous

If any provision of these Terms is determined to be unenforceable, the remaining provisions will remain in effect and the unenforceable provision will be modified to the minimum extent necessary to make it enforceable.

These Terms constitute the entire agreement between you and CurbSync concerning the Service except for any separate written agreement expressly governing your use of the Service.

You may not assign these Terms without CurbSync's prior written consent. CurbSync may assign these Terms in connection with a merger, acquisition, reorganization, financing, sale of assets, or other corporate transaction.

No waiver of any provision will be effective unless made in writing or otherwise expressly permitted by CurbSync.

20. Contact

Questions regarding these Terms may be directed to:

CURBSYNC LLC

Texas, USA

Email: sales@curbsyncapp.com