These TERMS OF USE govern access to, navigation of, and use of the website www.curiara.com and the services provided to its users (hereinafter, “User”) through Curiara’s platform (hereinafter, “the Platform”) and constitute the general terms and conditions under which money transfer services are provided in the United States.
These TERMS OF USE govern the money transfer services provided to Users sending funds from the United States. Curiara’s services in the European Economic Area are provided under a separate agreement.
If you are sending money from a country within the EEA, please refer to the Terms of Use for Europe.
These TERMS OF USE, as well as any amendments thereto, together with any other legally relevant terms and information related to the use of the services provided, will be available to the User at all times on the website www.curiara.com.
By accessing, registering for, and using the Service, the User agrees to be bound by the TERMS OF USE, general terms and conditions of engagement, and privacy policy described herein (hereinafter collectively referred to as the “TERMS OF USE”). Please read this information carefully before making any transaction.
1. PARTIES
For the purposes of these TERMS OF USE, the following parties are defined as follows:
1.1. USER OR CUSTOMER
The person over 18 years of age who, complying with the established registration requirements, accesses, navigates, requests and/or uses (either as originator or beneficiary) the services of sending money to other countries and who has accepted these TERMS OF USE for the execution of such services.
1.2. CURIARA
Curiara Financial Services Inc. (hereinafter, “Curiara”) is a corporation organized under the laws of the State of Delaware, and is the technology provider and owner of the Platform and the website www.curiara.com, with its address for these purposes at 8504 NW 66th St, Miami, Florida 33166, USA.
Curiara is the payment service provider and offers the remittance service as a Money Services Business (MSB), authorized by the State of Florida under license number FT230000411.
Curiara guarantees that the funds received for the execution of money remittance transactions are safeguarded in a bank account separate from its own funds within a credit institution.
2. DESCRIPTION OF THE SERVICE
This platform is made available to users so that they can send money to other countries quickly, easily, and transparently.
Sending money involves receiving funds from a sender without creating any payment account in the name of the sender or the recipient, for the sole purpose of transferring an equivalent amount to a recipient or another payment service provider acting on behalf of the recipient, or receiving funds on behalf of the recipient and making them available to the recipient.
3. DEFINITIONS
- Country of origin: the country from which the client wishes to transfer money to make a payment in another country (the United States of America);
- Destination country: the country where the client's money will be paid;
- Currency of origin: the currency agreed upon for the delivery of the money in the country of origin (U.S. dollars);
- Destination currency: the currency agreed upon for the payment of the client's money in the destination country (bolívars);
- Exchange rate: the exchange rate agreed upon and accepted by the customer for calculating the currency conversion. The exchange rates applicable at any given time for sending money are displayed on the Platform and on the website;
- Originator: a person who gives an order to send money;
- Beneficiary: the person who is the intended recipient of the funds that were the subject of a money transfer transaction;
- Order: an action, initiated via the Internet or a device that can be used for remote communication by the originator, consisting of the transfer of funds, regardless of any underlying obligations between the originator and the beneficiary;
- Business day: any day except any Saturday, any Sunday, any day that is a federal legal holiday in the United States, any day on which banking institutions in the State of Florida are authorized or required by law or other governmental action to close, or any day on which banking institutions in recipient countries are authorized or required by law or other governmental action to close.
4. OPERATION
The following is an explanation of how the Platform works and the steps to follow to send money to other countries.
4.1. REGISTRATION
The User must register on the Platform by following the link provided at www.curiara.com or via the app downloaded from Google Play or the Apple App Store, providing the information required in the system's mandatory fields for this purpose.
The User will be responsible for providing truthful and lawful information.
Once registered, an SMS will be sent to the User to validate their phone number, activate the account and accept the TERMS OF USE.
The User will then be able to access their personal account, where they will be asked to provide additional information required to comply with KYC (Know Your Customer), the mandatory process of identifying and verifying the customer’s identity in order to provide money transfer services.
Users must also upload a valid ID and proof of address to their profile on the Platform. Additionally, as part of Curiara’s enhanced security measures, Users may be required to provide real-time video and/or photo capture for identity verification (IDV) purposes. This process ensures that both the User and the documents provided are authentic and verified.
Once the documents are received, along with the information provided, they will be reviewed and checked against PEP (Politically Exposed Persons) and sanctions lists. The User’s registration will be approved if both the documents and the information comply with Curiara’s AML policies.
Additional documentation may be requested at any time, and any suspicious documentation or information may result in the permanent suspension of a user's profile.
4.2. STAFF AREA
Once registered, the User will have access to their personal account, where they can add beneficiaries and place orders.
Through the personal area, the User will be able to view all placed orders and their status. They can also receive and send communications concerning the operation or possible incidents.
To access the personal area, the user will be required to authenticate.
4.3. MONEY REMITTANCE
4.3.1. New Order
To initiate a money transfer order, the User must log in to their personal account on the Platform and select the “New Order” option, where they must enter the order details (destination country, beneficiary’s information—including identification document, relationship to the beneficiary, and transfer amount). The payment method used to deliver the funds to the beneficiary is always a bank transfer.
At this point, the user will be able to view the details of the transaction: fees, the exchange rate applied, the final amount the recipient will receive in their local currency, etc.
If the User is satisfied with the details of the transaction, they must give their consent and proceed to the “Payment Phase” (during which the User provides the funds associated with the order).
A transaction identification code will be generated, which will allow the User to track the transaction.
Payment Phase
In this phase, the user is asked to make a wire transfer or ACH transfer from an account they own, or to pay using a debit card.
For the User's first payment made through the Platform, the funds must come from a U.S. bank and an account in the User's name.
Subsequent transactions may be paid for by debit card, ACH, or wire transfer, or any other payment methods that Curiara may make available on the Platform.
4.3.3. Confirmation of acceptance and receipt of the order
Money transfer orders issued by the User on the Platform shall be considered authorized by the payer when the payer has given consent for its execution, which will occur at the time the User accepts through the process of enhanced authentication, after completing the process of issuing the money transfer order.
4.3.4. Right to Cancel and Rejection of an Order
The User has the right to cancel a money transfer order and obtain a refund under the conditions required by applicable U.S. law. The specific cancellation window and refund conditions applicable to each transaction are disclosed to the User on the transaction receipt provided at the time the order is placed. Once the applicable cancellation period has expired and Curiara has issued the payment instructions to the beneficiary, the order can no longer be revoked unless otherwise agreed.
Curiara may refuse to execute a payment order, notifying the User of such refusal, the reasons for the refusal, and the procedure for correcting any factual errors that may have caused the refusal.
In the event of a refusal to execute a money transfer order, or in the event of a valid cancellation, the funds will be returned to the User in the same form in which they were received, unless such a refund is prohibited by law.
4.3.5. Duration of the operation
The amount of the transaction will be made available to the beneficiary by the date of availability indicated on the transaction receipt. The availability of the funds to the beneficiary may depend on the correspondent banks involved in processing the payment.
4.3.6. Proof of the transaction
The User will receive, in their personal account or through the contact methods specified in these TERMS OF USE, a receipt containing the details of the transaction:
- Operation reference;
- Amount of the payment transaction in the currency used;
- Total amount corresponding to the commissions and expenses of the transaction, duly itemized;
- Exchange rate used in the transaction;
- Date of receipt of the payment order;
- The date the funds will be available to the beneficiary;
- Identification of the Sender and Recipient;
- Information regarding the User’s rights to cancel and resolve errors.
5. EXPENSES, APPLICABLE COMMISSIONS AND EXCHANGE RATES
The registration and use of the Platform does not entail any cost for the User. However, the use of the services is subject to specific costs.
The exchange rates applicable, if any, to the currency conversion involved in the single payment order, and the maximum fees applicable at any time to the transaction and its associated costs, will be displayed on the website and on the Platform.
The User shall pay the chargeable expenses and commissions applicable to the transaction in question.
The beneficiary of a payment order will be paid the net amount stated in the single payment order delivered, after deducting, where appropriate, all those expenses and taxes that were applicable to the transaction in the country of destination.
The User may be charged for the costs incurred as a result of the revocation of payment orders and those arising from the recovery of funds for payment transactions with an incorrect payee identifier.
All money order transfers will be paid in the official local currency of the beneficiary’s country at the exchange rate disclosed to the User on the transaction receipt.
6. LIABILITY
When a payment order is executed in accordance with the instructions received from the User and contained in the single order, it shall be considered correctly executed in relation to the specified beneficiary. Therefore, if any of the data provided by the User is incorrect, Curiara shall not be liable for the non-execution or defective execution of the payment transaction.
6.1. ERROR RESOLUTION AND UNAUTHORIZED TRANSACTIONS
If the User believes there has been an error in a remittance transaction, or that a transaction was not authorized, the User must notify Curiara within the time period and following the procedure described on the transaction receipt and as required by applicable U.S. law. Upon receipt of such notice, Curiara will investigate the matter and, if the User is entitled to a remedy, will refund the relevant amount or resend the transfer in accordance with applicable law.
Curiara may decline to provide a remedy if there are reasonable grounds to suspect fraud and the appropriate authorities have been notified in writing of such an incident.
6.2. TRANSACTIONS NOT EXECUTED OR EXECUTED INCORRECTLY
The User may obtain a correction of any unauthorized or incorrectly executed payment transaction only if they notify Curiara without undue delay, as soon as they become aware of it, and within the timeframe specified on the transaction receipt and under applicable U.S. law.
Curiara shall not be liable for transactions that are not executed or are executed incorrectly due to the User’s fault. A transaction shall be deemed to have been executed correctly if it is demonstrated that the transaction was executed in accordance with the information provided by the User.
6.3. EXCLUSION OF LIABILITY
Curiara shall not be liable for damages resulting from unusual and unforeseeable events over which it has no control and the consequences of which, despite exercising due diligence, cannot be avoided (such as events beyond its control, failure of telecommunications lines, civil unrest, war, or other events).
7. TECHNICAL AND SECURITY REQUIREMENTS
The Platform is available on the Internet at www.curiara.com. The security of communications between the Platform and Users is ensured by the use of an SSL/TLS certificate, which encrypts the flow of information and allows it to travel securely over the network.
It is the User’s responsibility to keep their registration information (e.g., usernames, passwords) properly secured and to prevent unauthorized third parties from accessing it.
8. INTELLECTUAL PROPERTY
Curiara, by itself or as an assignee, owns all intellectual and industrial property rights of its Platform and website, as well as the elements contained therein (including, but not limited to, images, sound, audio, video, software or texts; trademarks or logos, color combinations, structure and design, selection of materials used, computer programs necessary for its operation, access and use, etc.), owned by Curiara or its licensors.
All rights reserved. Reproduction, distribution, and public communication—including making the content available—of all or part of the content of this website for commercial purposes, in any medium and by any technical means, is prohibited without the written authorization of Curiara.
The User agrees to respect the intellectual and industrial property rights owned by Curiara. The User may view the elements of the website and the Platform and may even print, copy, and store them on the hard drive of their computer or any other physical medium, provided that such use is solely and exclusively for their personal and private use. The User shall refrain from deleting, altering, circumventing, or manipulating any protection mechanism or security system installed on the website and the Platform.
9. DISCLAIMER OF WARRANTIES AND USER LIABILITY
Curiara is not liable, under any circumstances, for damages of any kind that may be caused by, but are not limited to: errors or omissions in the content, the unavailability of the website, or the transmission of viruses or malicious or harmful programs in the content, despite having taken all necessary technical measures to prevent such occurrences.
The User shall be solely liable to third parties for any communication sent personally or on their behalf to the website, as well as for any unauthorized use of the content and services contained therein.
In turn, the User agrees to make appropriate use of the content and services that Curiara offers through the Platform and, by way of example but not limitation, not to use them to (i) engage in illegal activities or activities contrary to good faith and public order; (ii) cause damage to the physical and logical systems of Curiara, its suppliers, or third parties, or introduce or spread computer viruses or any other systems likely to cause damage; (iii) attempt to access and, where appropriate, use the email accounts of other Users.
10. LINKS
Under no circumstances does Curiara assume responsibility for the content of links to external websites, nor does it guarantee the technical availability, quality, reliability, accuracy, completeness, truthfulness, or validity of any material or information contained in such hyperlinks or third-party sites. Likewise, the inclusion of these external links does not imply any type of association, merger, or participation with the linked entities.
Notwithstanding the foregoing, some links may have been previously negotiated or agreed upon with the person responsible for the linked content, in order to generate compensation for actions freely performed by the User. This situation shall in no case affect the exclusion of liability for the linked content or the independence of this medium.
11. PREVENTION OF MONEY LAUNDERING AND TERRORIST FINANCING
When a User registers on the Platform and subsequently conducts a transaction, the data necessary for managing the money order transfer service, as well as the Users’ personal information and documentation required for their proper identification and verification—that is, the so-called due diligence measures, such as formal identification, beneficial ownership, business activities, and source of funds, etc.— — is requested and thoroughly reviewed by Curiara.
If Curiara becomes aware of or suspects any fact or transaction that may be related to money laundering or terrorist financing, it shall file Suspicious Activity Reports (SAR).
Curiara will keep customer documents for the periods stipulated in the regulations on the prevention of money laundering and terrorist financing.
12. CUSTOMER SERVICE AND COMPLAINTS
Should the User have any queries or complaints about the services provided by Curiara, they may send an e-mail to the following address:
The Customer Service Department will resolve complaints and claims submitted within 15 business days of their submission. In exceptional circumstances, if a response cannot be provided within 15 business days for reasons beyond our control, an interim response will be sent, clearly stating the reason for the delay and specifying the timeframe within which the customer will receive the final response. In any case, the deadline for receiving the final response shall not exceed one month.
Users may also have the right to file complaints regarding money transfers with the Consumer Financial Protection Bureau (CFPB) or the Florida Office of Financial Regulation.
13. DATA PROTECTION AND PRIVACY
Curiara will be responsible for processing the personal data collected through the Platform—whether during the registration process or while using the Platform or website—for the purpose of managing the registration and the relationship with the User on the Platform; managing, updating, and maintaining the Platform; and, with the User’s prior explicit consent, carrying out commercial activities.
Curiara will be considered responsible for the processing of personal data collected through the Platform in order to manage the money order transfer service.
Curiara’s identification details are set forth in Section 1 of these TERMS OF USE.
13.1. COLLECTION OF INFORMATION
- Personal Information: This covers aspects such as your name, email address, mailing address, phone number, date of birth, bank account details, and transaction history.
- Automated Information: When users access our platform, we may collect information such as:
- IP addresses;
- Device type and settings;
- Browser type and individual settings;
- Geolocation details.
13.2. USE OF INFORMATION
Curiara uses the information for various purposes, namely:
- Transaction processing;
- Verifying user identities;
- Facilitating communication channels;
- Expanding the platform's features and services;
- Adhering to legal mandates.
13.3. SHARING OF INFORMATION
We uphold a firm principle of not selling or renting out personal data. However, certain scenarios might necessitate sharing, such as:
- Collaborations with payment processors and banking affiliates;
- Legal mandates requiring cooperation with law enforcement;
- Engaging with service providers pivotal to our business operations.
13.4. DATA SECURITY
The security of your data is our top priority. We implement rigorous technical and organizational measures to protect personal data from unauthorized access, misuse, or disclosure. Your data is stored on secure servers, and we use encryption for particularly sensitive information.
13.5. COOKIES AND TRACKING
Our platform may use cookies and similar tracking technologies to enhance the user experience and collect data regarding traffic and platform interactions.
13.6. EXTERNAL LINKS
Users might encounter links leading to third-party websites on our platform. Curiara is not liable for the privacy practices of such external entities.
13.7. MINORS & PRIVACY
Curiara’s platform is not intended for individuals under the age of 18. We have safeguards in place to prevent the intentional collection of data from minors.
13.8. USER RIGHTS
Subject to applicable U.S. law, every User retains the right to:
- Access the personal data we hold about them;
- Correct any inaccuracies;
- Request the deletion of their data, where legally permissible;
- Withdraw previously given consent;
- Submit complaints to the relevant regulatory authority, including the Consumer Financial Protection Bureau (CFPB).
14. LANGUAGE AND COMMUNICATIONS
These TERMS OF USE are written in English, but communications may be conducted in English or Spanish.
15. CHANGES TO THE WEBSITE
Curiara reserves the right to make any modifications it deems appropriate to its website and/or Platform, and may change, delete or add content and services provided through the same, as well as the way in which they are presented or located on the website.
Curiara reserves the right to deny or revoke access to its Platform or website without prior notice—either on its own initiative or at the request of a third party—to Users who violate these TERMS OF USE.
The TERMS OF USE in effect are those published at any given time on the Platform and/or website.
16. APPLICABLE LAW AND JURISDICTION
These TERMS OF USE shall be governed by the laws of the State of Florida and the federal laws of the United States of America. Any dispute arising out of or relating to these TERMS OF USE or the services provided shall be subject to the jurisdiction of the competent courts located in the State of Florida, USA.