Privacy Policy
Cultioo App
English
Cultioo App: United States Privacy Policy
Effective Date: January 1, 2026
Cultioo Inc., a Delaware corporation, understands that privacy and the security of Personal Information (PI) are fundamental concerns for its users. This Privacy Policy details the data collection, usage, sharing, and security practices implemented by Cultioo in compliance with United States federal and state laws, including the regulations set forth by the Federal Trade Commission (FTC) and the California Consumer Privacy Act (CCPA), as amended by the California Privacy Rights Act (CPRA), as well as other applicable state privacy laws.
Cultioo is committed to maintaining the trust of its users by prioritizing data protection, implementing technical and organizational measures (TOMs) to secure user data, and ensuring transparency regarding all data processing activities.
Table of Contents
Scope and Application
Company Information and Contact Details
Definitions
Registration and Consent
Categories of Information Collected and Processing Purposes
Data Storage and Data Security
Payment Processing via Stripe Inc.
Data Disclosure and Display
Messenger Function and Communication Data
Location Data (My Location)
User Account and Personal Settings
System and App Settings
Data Usage: Business and Commercial Purposes
Data Sharing with Third Parties
Sale and Sharing of Personal Information
Your Privacy Rights
Retention Period
Privacy of Minors
Do Not Track and Tracking Technologies
Changes to This Privacy Policy
Contact Information
1. Scope and Application
1.1 Scope
This Privacy Policy applies to all users of the Cultioo mobile application and associated services within the United States of America. The Cultioo App functions as a marketplace platform facilitating transactions between buyers and sellers, including payment processing and logistics services.
1.2 Legal Framework
Cultioo's commitment to data privacy aligns with:
Federal Trade Commission (FTC) Act – Requirements for fair data practices
California Consumer Privacy Act (CCPA) and California Privacy Rights Act (CPRA)
Virginia Consumer Data Protection Act (VCDPA)
Colorado Privacy Act (CPA)
Connecticut Data Privacy Act (CTDPA)
Utah Consumer Privacy Act (UCPA)
Other applicable state privacy laws
1.3 Consent Through Use
By registering for or using the Cultioo App, you provide explicit consent to the collection and processing of your data in accordance with this Privacy Policy.
2. Company Information and Contact Details
Responsible Entity:
Cultioo Inc. A Delaware Corporation 8 The Green, Ste A, Dover 19901 United States of America
Contact: Email: privacy@cultioo.com
3. Definitions
To comply with CCPA/CPRA and other state privacy laws, this Privacy Policy uses the following definitions:
3.1 Personal Information (PI)
Information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household, including but not limited to: names, email addresses, physical addresses, phone numbers, IP addresses, purchase history, device IDs, and usage data.
3.2 Sensitive Personal Information (SPI)
A subcategory of Personal Information requiring enhanced protection, including:
Precise geolocation data (GPS location)
Financial account information and credentials
Contents of private communications (messenger messages)
Other highly sensitive identifiers
3.3 Sale
The selling, renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating orally, in writing, or by electronic or other means, a consumer's personal information to another business or third party for monetary or other valuable consideration.
3.4 Sharing
The sharing, renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating orally, in writing, or by electronic or other means, a consumer's personal information to a third party for cross-context behavioral advertising.
3.5 Service Provider
A business that processes personal information on behalf of Cultioo and is contractually bound to use the data exclusively for the agreed-upon purposes.
4. Registration and Consent
4.1 Registration Requirement
Use of the Cultioo App requires registration. Certain personal information must be provided to utilize the app's features.
4.2 Explicit Consent
Upon registration or when modifying your data in the settings, you explicitly consent to the processing of your personal information in accordance with this Privacy Policy.
4.3 Right to Withdraw
You have the right to withdraw your consent at any time. The withdrawal does not affect the lawfulness of processing based on consent before its withdrawal.
4.4 Data Storage Upon Registration
When registering or modifying your data in the settings, your data is securely stored in the Cultioo database. Passwords are exclusively stored in hashed (encrypted) form in the database.
5. Categories of Information Collected and Processing Purposes
In accordance with CCPA/CPRA, Cultioo discloses the following categories of personal information collected in the last 12 months:
5.1 Detailed Overview of Data Categories
CCPA/CPRA Category A: Identifiers
Examples of Data Collected: Real name, username, email address, physical address, phone number, device ID, IP address
Source of Collection: User registration, transactional input, device
Primary Purpose: Account management, security, order fulfillment, delivery
Disclosed to Third Parties: Yes (Service Providers/Contractors)
CCPA/CPRA Category B: Personal Records Information
Examples of Data Collected: Name, address, phone number
Source of Collection: User input, transactional input
Primary Purpose: Order fulfillment, emergency contact (Delvioo Driver)
Disclosed to Third Parties: Yes (Service Providers/Contractors)
CCPA/CPRA Category D: Commercial Information
Examples of Data Collected: Purchase history, transaction records, payment method display (last four digits)
Source of Collection: Transaction, user activity
Primary Purpose: Order processing, auditing, internal research
Disclosed to Third Parties: Yes (Service Providers/Contractors)
CCPA/CPRA Category F: Internet or Other Similar Network Activity
Examples of Data Collected: Interaction with app, session duration, settings changes, device/OS details
Source of Collection: Device, app usage
Primary Purpose: Debugging, quality assurance, service improvement
Disclosed to Third Parties: Yes (Analytics Providers/Service Providers)
CCPA/CPRA Category K: Sensitive Personal Information (SPI)
Examples of Data Collected: Precise geolocation (device location), financial account information (last 4 digits/payment type), contents of user messages
Source of Collection: Device, transaction, user communication
Primary Purpose: Service provision (communication), transaction management, localization
Disclosed to Third Parties: Yes (Payment Processor, Communication Storage Service Provider)
5.2 Detailed Description of Data Categories
A. Identifiers
Data Collected:
Full name / username
Email address
Physical address (delivery address)
Phone number
Device ID and unique identifiers
IP address
Processing Purposes:
Creation and management of your user account
Authentication and access control
Communication with you
Order processing and delivery
Fraud prevention and security
Sources: Direct input by user upon registration; automatic collection by device
B. Commercial Information
Data Collected:
Purchase history and order details
Transaction records
Display of last four digits of payment methods
Processing Purposes:
Processing purchases and sales
Customer service and support
Dispute resolution
Internal analysis to improve the platform
Sources: User activity within the app
C. Internet and Network Activity
Data Collected:
Interaction data with the app
Pages and features visited
Click and scroll behavior
Session duration
Device type, operating system, browser information
App version
Processing Purposes:
Ensuring app functionality
Identifying and fixing errors (debugging)
Analyzing usage to improve user experience
Security monitoring
Sources: Automatic collection during app usage
D. Sensitive Personal Information (SPI)
1. Precise Location Data
Data Collected: GPS coordinates, precise geographic location
Processing Purposes: Localized services (e.g., displaying nearby sellers)
IMPORTANT: Location data is stored exclusively locally on your device and is NOT transmitted to Cultioo servers or third parties.
Sources: User's device (with explicit device permission)
2. Financial Account Information
Data Collected: Last four digits of credit cards or bank accounts
Processing Purposes: Display and management of payment methods
Special Note: Complete financial information is processed and stored exclusively by Stripe Inc.
Sources: User input during payment transactions
3. Contents of Private Communications
Data Collected: Message contents in the messenger between buyer and seller
Processing Purposes: Enabling communication for transaction processing
Sources: Direct input by user in the messenger
6. Data Storage and Data Security
6.1 Highest Priority
!Protection and Privacy Are Our Priority!
Cultioo treats data security as a core business function and implements comprehensive technical and organizational measures (TOMs) to protect user data from unauthorized access, use, or disclosure.
6.2 Technical and Organizational Measures (TOMs)
a) Cryptography and Password Security
Irreversible Hashing: All user passwords are immediately encrypted upon creation using an irreversible hashing procedure
No Plain Text Storage: Passwords are never stored in plain text
No Employee Access: Even Cultioo employees and administrators have no access to your original passwords
Industry Standard: Use of cryptographic standards (e.g., bcrypt, Argon2)
b) Encrypted Data Transmission
Transport Layer Security (TLS): All data transmissions between your app and Cultioo servers occur over encrypted HTTPS/TLS connections
End-to-End Protection: Protection against eavesdropping and man-in-the-middle attacks
c) Access Control
Strict Internal Access Policies: Only authorized employees with legitimate business needs have access to personal information
User-Exclusive Modifications: Personal data can only be changed by the authenticated user themselves via the secure app
Multi-Factor Authentication: Critical operations (account deletion, password change) require password confirmation
d) Secure and Irreversible Deletion
Final Data Deletion: When you delete your account, all associated data is finally and irrevocably removed from the database
No Recovery Possible: Deleted data cannot be restored
Secure Deletion Protocols: Use of secure deletion methods that prevent recovery
e) Infrastructure Security
Secure Server Environment: Use of professional, certified data centers
Regular Security Audits: Conducting penetration tests and security reviews
Incident Response Plan: Established procedures for handling security incidents
Regular Backups: Secure data backups to ensure data integrity
f) Employee Training
Regular training of all employees on data privacy and data security
Commitment to confidentiality
6.3 No Sharing with Third Parties for Marketing
Your data is fundamentally not shared with third parties for advertising or marketing purposes.
7. Payment Processing via Stripe Inc.
7.1 Exclusive Use of Stripe
Cultioo Inc. works with Stripe Inc., a leading PCI-DSS certified payment service provider. All payment processing is conducted exclusively through Stripe.
7.2 Security of Your Payment Data
Secure Storage: All payment processing and bank data are securely stored and processed by Stripe Inc.
Cultioo Does Not Store Complete Financial Data: Cultioo never receives or stores your complete credit card numbers or bank account information
PCI-DSS Compliance: Stripe meets the highest security standards of the payment card industry (PCI-DSS Level 1)
7.3 Display of Payment Information
For security and verification purposes, Cultioo displays exclusively the last four digits of your payment methods:
In your personal account settings ("Payments" section)
To the seller for transaction confirmation
7.4 Stripe as Independent Controller
Independent Responsibility: Stripe Inc. acts as an independent data controller for the personal information it processes
Separate Privacy Policy: Users are subject to Stripe's separate privacy policy and terms of service
Stripe Privacy Policy: Available at
7.5 Disclaimer
Cultioo assumes no responsibility or liability for the security or use of data processed by Stripe. Use of Stripe occurs at the user's own risk as a third-party service.
8. Data Disclosure and Display
8.1 Disclosure to Sellers
To process and fulfill the order, the seller receives the following information:
The delivery address selected at checkout
Your name/username
The last four digits of your payment method (for payment confirmation)
Purpose: Order processing, shipping preparation, transaction verification
Legal Basis: Contract performance (necessary to complete the transaction)
8.2 Disclosure to Delvioo Driver (Delivery Service)
The Delvioo driver receives the following data to successfully deliver your order:
Disclosed Data:
Delivery address (Delivery Location): Exact delivery address of the order
Name/Username: For correct order assignment
Phone number: Exclusively for emergency contact (e.g., difficulty finding the delivery address)
Email address: Exclusively for emergency contact
Purpose:
Creation of an optimized delivery route
Successful delivery of the order
Emergency communication in case of delivery difficulties
Legal Basis: Contract performance (necessary to complete delivery)
Contractual Safeguards: Delvioo acts as a Service Provider of Cultioo and is contractually obligated to use the data exclusively for delivery purposes and implement appropriate security measures.
9. Messenger Function and Communication Data
9.1 Purpose of the Messenger Function
Cultioo offers an integrated messenger function that enables direct communication between buyers and sellers to clarify transaction details and facilitate the purchase process.
9.2 Storage of Message History
The entire message history between sender and recipient is stored in the Cultioo database
Storage occurs to make communication permanently available to both parties
Messages are not forwarded to third parties or made public
9.3 Access Restrictions
Exclusive Access: Only sender and recipient have access to the respective message history in the Cultioo App
No Third-Party Sharing: Message contents are not shared with third parties
Limited Cultioo Access: Cultioo employees generally have no access to private messages, except:
In case of reasonable suspicion of fraud, criminal activity, or violation of terms of service
To comply with legal obligations (e.g., court orders)
To resolve technical issues (only with explicit consent)
9.4 Pinned Messages
Messages you mark as "pinned" or "important" are stored locally on your device and not additionally stored on Cultioo servers.
9.5 Sensitive Data (SPI)
Message contents are classified as Sensitive Personal Information (SPI) under CCPA/CPRA, as they contain private communications not directed to Cultioo as a business.
9.6 Deletion of Messages
You can request deletion of your entire message history at any time (see Section 16. 3).
10. Location Data (My Location)
10.1 Use of Location Data
The Cultioo App can access your device's location function to offer you localized services, such as:
Displaying sellers in your geographic proximity
Regional filtering of products and offers
Optimizing search results based on your location
10.2 Privacy by Design: Local Storage – NO Server Transmission
IMPORTANT PRIVACY NOTICE:
Your location is stored exclusively locally on your device.
Location data is NEVER transmitted to the Cultioo database
Location data is NEVER sent to Cultioo servers
Location data is NEVER shared with or sold to third parties
This technical decision follows "Privacy by Design" principles and significantly minimizes the risk of misuse of your highly sensitive location information.
10.3 Control Over Location Access
You have complete control over location access at all times:
Device Settings: You can control the Cultioo App's access to your location data via your mobile device settings (iOS or Android)
Options:
Completely disable location access
Allow location access only while using the app
Disable precise location (approximate location only)
Note: Disabling location services may limit the functionality of certain features (e.g., local search results).
10.4 Classification as Sensitive Data
Precise location data is classified as Sensitive Personal Information (SPI) under CCPA/CPRA and receives enhanced protection.
10.5 Legal Basis
The use of location data occurs exclusively with your explicit consent, which you grant through your device's permission settings.
11. User Account and Personal Settings (My Account)
11.1 Payment Information (Payments)
In the "Payments" section of your account, your personal bank accounts and credit cards are managed:
Security:
All payment accounts are exclusively secured and managed by Stripe Inc.
Cultioo displays only the last four digits of your payment methods
Only you as the user have access to your stored payment methods in the Cultioo App
Management:
You can add, modify, or remove payment methods
All changes are securely processed through Stripe
11.2 Modification of Personal Data
You have the ability to modify your personal data at any time:
Security Measure:
Modifications can only be made by you via the Cultioo App
Personal data can only be changed through the Cultioo App
This prevents unauthorized modifications by third parties
Modifiable Data:
Name/username
Email address
Phone number
Delivery address(es)
Profile picture
11.3 Account Deletion (Right to Deletion)
Security Procedure:
If you wish to delete your account, this is only possible by entering your password. This security measure protects against unauthorized or accidental account deletion.
Deletion Process:
Navigate to account settings
Select "Delete Account"
Enter your current password for confirmation
Confirm final deletion
Irrevocable Deletion:
After confirmation, all data associated with your account is finally and irrevocably removed from the database
Data recovery is not possible
This process ensures complete fulfillment of your right to deletion
Exceptions:
Certain data may be retained for a limited period due to legal retention obligations (e.g., tax requirements).
11.4 Password Change
Security Procedure:
When creating a new password:
The old password must be entered for confirmation
This prevents unauthorized password changes if someone has access to your device
Recommendations:
Use a strong, unique password
Change your password regularly
Never share your password with third parties
12. System and App Settings
12.1 Local Processing
All changes you make in the Cultioo App settings are initially processed locally on your device.
12.2 Synchronization
After local processing, settings are securely synchronized with Cultioo servers to:
Ensure consistency across multiple devices
Restore your settings upon reinstallation
Optimize app functionality
12.3 Data Security
Transmission of settings data occurs over encrypted connections (HTTPS/TLS).
13. Data Usage: Business and Commercial Purposes
Cultioo uses the collected personal information and sensitive personal information primarily for defined business purposes necessary for platform operation, and secondarily for commercial purposes that enhance user experience.
13.1 Business Purposes
According to CCPA/CPRA, business purposes are processing activities required for service provision and generally not subject to opt-out rights:
a) Service Provision and Transaction Management
Processing orders and purchases
Managing user accounts
Enabling communication between buyers and sellers
Coordinating delivery through Delvioo
Data Used: Identifiers, Personal Records Information, Commercial Information
b) Security and Fraud Prevention
Detecting, preventing, and prosecuting security incidents
Identifying fraudulent activities
Protecting against illegal actions
Performing internal audits
Verifying transactions
Data Used: Identifiers, Internet/Network Activity, Commercial Information
c) Debugging and Technical Functionality
Identifying and fixing errors
Ensuring platform functionality
Troubleshooting technical problems
Data Used: Internet/Network Activity, Identifiers
d) Customer Account Management and Rights Fulfillment
Enabling exercise of consumer rights (access, correction, deletion)
Updating and correcting data
Secure account deletion
Data Used: All categories of personal information
e) Internal Research and Quality Improvement
Analyzing platform usage (Internet/Network Activity)
Improving user experience
Developing new features
Optimizing existing functions
Data Used: Internet/Network Activity, aggregated usage data (anonymized)
13.2 Commercial Purposes
Commercial purposes serve business development and are conducted in a manner that does not constitute "sale" or "sharing" of data under CCPA/CPRA:
a) Marketing and Communication
Sending information about new products or services
Notifications about special offers and promotions (only with your consent)
Personalized in-app content
Data Used: Identifiers (email, name), Commercial Information
Opt-Out: You can unsubscribe from marketing communications at any time (see Section 16.7)
b) Personalization and Recommendations
Displaying personalized product recommendations based on your purchase history
Adapting the app interface to your preferences
Data Used: Commercial Information, Internet/Network Activity
13.3 Transparency for Sensitive Data (SPI)
Precise Location Data:
The decision to store location data exclusively locally on the device and not transmit it to servers inherently reduces Cultioo's liability regarding sensitive data processing and complies with data minimization principles.
Financial Data:
Cultioo limits its storage of sensitive financial data by delegating complete account security and processing to Stripe.
Message Contents:
Messenger histories are securely stored and accessible exclusively to sender and recipient.
14. Data Sharing with Third Parties
14.1 Principle: No Sharing for Advertising Purposes
Cultioo fundamentally does not share your personal information with third parties for advertising or marketing purposes.
14.2 Sharing with Service Providers
Cultioo works with carefully selected service providers who process personal information on behalf of Cultioo. These service providers are contractually obligated to use the data exclusively for agreed-upon purposes and implement appropriate security measures.
a) Delvioo (Delivery Service / Logistics Partner)
Purpose: Delivery of orders to buyers
Shared Data:
Delivery address (Delivery Location)
Name/username
Phone number (emergency contact only)
Email address (emergency contact only)
Legal Basis: Business purpose (service provision on behalf of Cultioo)
Contractual Safeguards:
Delvioo acts as a Service Provider under CCPA/CPRA
Written contract obligating Delvioo to:
Use data exclusively for delivery purposes
Not use data for own commercial purposes
Not resell or share data
Implement appropriate security measures
Treat data confidentially
Compliance Rationale:
The sharing with Delvioo is necessary and proportional to the service provided and is not classified as "sale" or "sharing" under CCPA/CPRA.
b) Stripe Inc. (Payment Processor)
Purpose: Secure processing of all payment transactions
Shared Data:
Payment data (complete credit card or bank account information)
Transaction details
Name and email address
Special Note: Stripe acts as an independent controller, not as a Service Provider of Cultioo.
Legal Basis: Contract performance (necessary for payment processing)
Disclaimer:
Cultioo assumes no responsibility for data processing by Stripe. Users are subject to Stripe's separate privacy policy:
c) IT and Infrastructure Service Providers
Purpose:
Cloud hosting and server management
Database administration
IT security and monitoring
Backup and disaster recovery
Analytics services
Shared Data: All categories of personal information stored in the app (depending on service provider)
Contractual Safeguards: All IT service providers are contractually bound as Service Providers under CCPA/CPRA.
Examples:
Cloud hosting providers (e.g., AWS, Google Cloud, Microsoft Azure)
Analytics tools (e.g., Google Analytics, Mixpanel)
Email delivery services
Customer support platforms
14.3 Disclosure Due to Legal Obligations
Cultioo is obligated to disclose personal information upon lawful request to the following entities:
Law Enforcement Agencies: In response to court orders, subpoenas, or statutory requirements
Government Agencies: To fulfill regulatory obligations
Tax and Financial Authorities: To comply with tax-related retention requirements
Legal Basis: Compliance with legal obligations
Transparency Commitment: Cultioo will notify users of such requests where legally permissible.
14.4 Disclosure in Corporate Transactions
In the event of a merger, acquisition, restructuring, or sale of assets, personal information may be transferred as part of the transaction to the successor entity.
Obligation: The successor will be obligated to continue to comply with this Privacy Policy.
Notification: Users will be informed in advance of such a transaction.
14.5 Aggregated and Anonymized Data
Cultioo may share aggregated, anonymized, or pseudonymized data that cannot be traced back to individual users for the following purposes:
Market research
Industry analysis
Public reports
Academic research
Important: This data is not considered personal information and is not subject to the restrictions of this Privacy Policy.
15. Sale and Sharing of Personal Information
15.1 No Sale or Sharing (CCPA/CPRA Statement)
Cultioo does NOT sell or share your personal information.
Based on current business practices, Cultioo expressly confirms:
Cultioo does not sell personal information (including sensitive personal information) as defined by CCPA/CPRA
Cultioo does not share personal information for purposes of cross-context behavioral advertising
15.2 Definitions
"Sale" means under CCPA/CPRA:
The selling, renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating orally, in writing, or by electronic or other means, a consumer's personal information by the business to a third party for monetary or other valuable consideration.
"Sharing" means under CCPA/CPRA:
The sharing, renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating orally, in writing, or by electronic or other means, a consumer's personal information to a third party for cross-context behavioral advertising, whether or not for monetary or other valuable consideration.
15.3 Future Changes
Should Cultioo introduce business practices in the future that could be considered "sale" or "sharing" under CCPA/CPRA:
You will be clearly informed in advance
A clear and conspicuous "Do Not Sell or Share My Personal Information" link will be provided on the website and in the app
You will have the right to opt-out of the sale or sharing
16. Your Privacy Rights
Depending on your state of residence, consumers in the United States have specific statutory rights regarding their personal information. Cultioo is committed to facilitating the exercise of these rights through transparent and accessible mechanisms.
16.1 Applicable Laws
The following rights apply particularly to residents of:
California: CCPA/CPRA
Virginia: VCDPA
Colorado: CPA
Connecticut: CTDPA
Utah: UCPA
Cultioo grants these rights to all U.S. users, regardless of state of residence, to ensure a uniformly high privacy standard.
16.2 Right to Know / Right to Access
You have the right to request that Cultioo disclose:
a) Categories of personal information collected
Which categories of personal information were collected about you
b) Sources of data
From which sources the personal information originated
c) Purpose of collection
For which business or commercial purposes the data was collected or disclosed
d) Categories of third parties
To which categories of third parties the personal information was disclosed
e) Specific data information
The specific personal information that Cultioo has collected about you
Time Period: The disclosure relates to the preceding 12 months.
Frequency: You can exercise this right up to twice within 12 months free of charge.
16.3 Right to Delete
You have the right to request deletion of your personal information that Cultioo has collected about you.
Self-Service Deletion:
You can delete your account independently at any time via the app:
Navigate to account settings
Select "Delete Account"
Confirm by entering your password
Deletion Process:
After confirmation, all data associated with your account is finally and irrevocably removed from the database
Data recovery is not possible
Exceptions to Right to Delete:
Cultioo may deny deletion if data retention is necessary for:
Completing the transaction for which the data was collected
Detecting security incidents, protecting against fraudulent or illegal activities
Debugging to identify and fix errors
Exercising free speech rights
Complying with legal obligations (e.g., tax retention periods)
Internal uses reasonably aligned with consumer expectations
Asserting or defending legal claims
16.4 Right to Correct
You have the right to request correction of inaccurate personal information that Cultioo has stored about you.
Self-Service Correction:
You can correct your data independently at any time via the app:
Navigate to account settings ("My Account")
Modify the desired information
Save the changes
Correctable Data:
Name/username
Email address
Phone number
Delivery address(es)
Profile picture
Support: If you need assistance with corrections, contact us using the contact details in Section 21.
16.5 Right to Limit Use of Sensitive Personal Information
You have the right to direct Cultioo to limit the use of your sensitive personal information (SPI) to what is necessary to provide the requested services.
Cultioo's SPI Practices:
a) Precise Location Data:
Location data is stored exclusively locally on your device
It is not transmitted to Cultioo servers
Control: You can restrict or revoke location access at any time via your device settings
b) Financial Account Information:
Cultioo stores only the last four digits of your payment methods
Complete financial data is managed exclusively by Stripe
c) Message Contents:
Stored exclusively to enable communication between buyer and seller
Access is restricted to sender and recipient
Link to Limit: A clearly visible link "Limit the Use of My Sensitive Personal Information" is available in app settings.
16.6 Right to Opt-Out of Sale or Sharing
You have the right to opt-out of the sale or sharing of your personal information.
Current Status:
Cultioo currently does not sell or share personal information under CCPA/CPRA. Therefore, an opt-out is not currently required.
Future Commitment:
Should Cultioo introduce practices in the future that constitute sale or sharing:
A clearly visible link "Do Not Sell or Share My Personal Information" will be provided
You can opt-out at any time without it affecting service quality
Universal Opt-Out Mechanisms (UOOMs):
Cultioo commits to respecting Universal Opt-Out Mechanisms such as Global Privacy Control (GPC) that users can employ to signal their preference against sale or sharing.
16.7 Right to Data Portability
You have the right to receive the personal information concerning you in a structured, commonly used, and machine-readable format.
Request:
Contact us using the contact details in Section 21 to request a copy of your data in a portable format.
Format: Data will be provided in a common format (e.g., JSON, CSV).
16.8 Right to Opt-Out of Automated Decision-Making
Cultioo currently does not use fully automated decision-making systems that have legal or similarly significant effects on users (e.g., fully automated credit decisions).
If such systems are implemented in the future, you will be informed and have the right to object to such processing.
16.9 Right to Non-Discrimination
Cultioo expressly commits:
You will NOT be discriminated against for exercising any of your privacy rights.
This specifically means:
✅ You will not be denied service
✅ You will not be charged different prices or rates
✅ You will not be provided a different level or quality of goods or services
✅ You will not be treated differently
Exception: Cultioo may offer you a different price, rate, or quality if that difference is reasonably related to the value your data provides to Cultioo.
16.10 Exercising Your Rights
Submitting a Request:
You can exercise your privacy rights through the following channels:
a) Online Request Portal: cultioo.com
b) Email: privacy@cultioo.com
c) Mailing Address: Cultioo Inc. Attn: Privacy Rights Department 8 The Green, Ste A, Dover 19901, United States
Verification Process:
To protect the security of your data, Cultioo must verify your identity before fulfilling your request:
Matching: We match the information you provide with the data stored in our records
Additional Verification: For sensitive requests (e.g., deletion, access to specific data), additional verification steps may be required
Authorized Agent: You can authorize a representative to submit a request on your behalf (written authorization required)
Response Time:
Cultioo will process and respond to your request within 45 days of receipt. In complex cases, this period may be extended by an additional 45 days; you will be informed.
Free of Charge:
Exercising your privacy rights is free of charge. Cultioo does not charge fees for processing your requests (at reasonable frequency).
17. Retention Period
Cultioo stores personal information only as long as necessary to fulfill processing purposes or comply with legal retention requirements.
17.1 Retention Period by Category
Account Data (name, email, username, address, phone)
Retention Period: Until account deletion by user
Justification: Necessary for service provision and account management
Transaction Data (purchase history, order details)
Retention Period: 7 years from transaction date
Justification: IRS requirements (Internal Revenue Service) for tax records; potential disputes
Message History (messenger)
Retention Period: Until account deletion or upon specific request
Justification: Enabling continuous communication between transaction parties
Payment Data (last 4 digits)
Retention Period: Until account deletion or removal by user
Justification: Display and management of payment methods
Payment Data (complete, at Stripe)
Retention Period: According to Stripe policies
Justification: Outside Cultioo's control; see Stripe Privacy Policy
Usage and Technical Data (logs, IP addresses, device IDs)
Retention Period: 12-24 months
Justification: Security, troubleshooting, analysis
Location Data (local)
Retention Period: Device only; no server storage
Justification: Localized services; complete user control
Legally Required Retention
Retention Period: Varies by data type and requirement
Justification: Compliance with legal, tax, or regulatory obligations
17.2 Deletion After Purpose Fulfillment
After expiration of the retention period or upon your request (right to delete), your data will be securely deleted or anonymized, unless legal retention obligations prevent deletion.
17.3 Secure Deletion Protocols
Cultioo uses secure deletion methods that prevent data recovery and ensure protection of your privacy.
18. Privacy of Minors
18.1 Children's Online Privacy Protection Act (COPPA)
The Cultioo App is directed to a general adult audience and is not specifically designed or intended for children under 13 years of age.
Commitment:
Cultioo does not knowingly collect personal information from children under 13 years of age without verifiable parental consent.
18.2 Actions Upon Knowledge
If Cultioo obtains actual knowledge that it has collected personal information from a child under 13 without parental consent, we will:
Immediately notify the parent or guardian
Seek verifiable parental consent
Promptly delete the child's information if consent is not obtained within a reasonable timeframe
18.3 Parental Notice
Parents or guardians are encouraged to contact us if they believe their child has provided personal information to Cultioo without their consent.
18.4 Age Verification
Users are required to affirm they meet the minimum age requirements to use the service upon registration.
18.5 State-Specific Requirements for Minors (Ages 13-17)
Some states provide additional privacy protections for minors between 13 and 17 years of age:
California (AB 2273 - Age-Appropriate Design Code):
Cultioo does not sell or share personal information of users known to be under 18 years of age
Default privacy settings for minors are set to the highest level
Parental Rights:
Parents or legal guardians of minors may exercise privacy rights on behalf of their children by contacting us with appropriate verification.
19. Do Not Track and Tracking Technologies
19.1 Use of Cookies and Tracking Technologies
The Cultioo App may use cookies and similar tracking technologies to ensure functionality and improve user experience.
19.2 Types of Tracking Technologies
a) Essential Cookies
Purpose: Enable basic functions (e.g., login, shopping cart)
Legal Basis: Contract performance (necessary for service provision)
Duration: Until session end or up to 12 months
b) Analytics Cookies
Purpose: Analyze usage to improve the app
Legal Basis: Consent or legitimate interest
Duration: Up to 12 months
c) Functional Cookies
Purpose: Remember user preferences and settings
Legal Basis: Consent or legitimate interest
Duration: Up to 12 months
19.3 Cookie Control
You can adjust your cookie settings at any time via app settings or your device. Disabling certain cookies may limit app functionality.
19.4 Do Not Track (DNT) Signals
Current Position:
Cultioo currently does not honor traditional Do Not Track (DNT) browser signals, as there is no uniform industry standard for responding to such signals.
Transparency: We disclose that third-party tracking may occur through integrated service providers (e.g., analytics platforms).
19.5 Global Privacy Control (GPC)
Commitment to Honor GPC:
In compliance with CCPA/CPRA and other state laws, Cultioo commits to recognizing and honoring the Global Privacy Control (GPC) signal as a valid opt-out request for:
Sale of personal information
Sharing for cross-context behavioral advertising
Implementation:
When we detect a GPC signal from your browser or device, we will treat it as a request to opt-out on that browser/device.
19.6 Third-Party Trackers
The Cultioo App may integrate third-party services that use their own tracking technologies:
Examples:
Google Analytics (analytics)
Firebase (crash reporting, analytics)
Social media plugins (if applicable)
Control: These third parties have their own privacy policies. You can manage third-party tracking through:
Device privacy settings
Browser settings
Third-party opt-out tools (e.g., Network Advertising Initiative opt-out page)
19.7 Advertising and Marketing
Current Status:
Cultioo does not currently display third-party advertising within the app.
Future Disclosure:
If third-party advertising is introduced, you will be informed, and appropriate opt-out mechanisms will be provided.
20. Changes to This Privacy Policy
Cultioo reserves the right to update this Privacy Policy from time to time to reflect changes in legislation, business processes, or best practices in data privacy.
20.1 Notification of Changes
Material changes to this Privacy Policy will be communicated clearly and conspicuously through:
In-app notification
Email to your registered email address
Prominent notice on our website
20.2 Effective Date
The current version of this Privacy Policy is effective as of January 1, 2026.
20.3 Review Recommendation
We recommend that you periodically review this Privacy Policy to stay informed about how we protect your information.
20.4 Continued Use
Your continued use of the Cultioo App after changes to this Privacy Policy constitutes acceptance of the updated terms.
21. Contact Information
For questions, concerns, or to exercise your rights regarding your personal information, you can contact us through the following channels:
21.1 General Inquiries
Cultioo Inc. A Delaware Corporation 8 The Green, Ste A, Dover 19901 United States of America
Email: support@cultioo.com
21.2 Privacy-Specific Inquiries
Privacy Department Email: privacy@cultioo.com
21.3 Online Request Portal
You can also submit your requests through our online portal: https://cultioo.com/us/us_cultioo_app_info#privacy
21.4 Mailing Address
Cultioo Inc. Attn: Privacy Rights / Legal & Compliance Department privacy@cultioo.com United States of America
21.5 Response Time
We will respond to your inquiry within:
Privacy rights requests: 45 days (may be extended to 90 days for complex requests)
General inquiries: 5-7 business days
Last Updated: January 1, 2026 Version: 1.0 Governing Entity: Cultioo Inc., a Delaware Corporation
© 2026 Cultioo Inc. All Rights Reserved.
Terms & Conditions
Cultioo App
English
TERMS OF SERVICE (TOS)
CULTIOO APP (MARKETPLACE PLATFORM)
Effective Date: January 1, 2026 Last Updated: January 1, 2026
Table of Contents
General Provisions and Contract Formation
Account Management and User Obligations
Marketplace Transactions and Product Liability Disclaimer
Payment Processing and Financial Terms
Logistics, Product Delivery, and Risk Transfer
Reporting Issues and Dispute Resolution
Indemnification, Limitation of Liability, and Governing Law
Privacy and Data Protection
Intellectual Property
Termination of Use
Miscellaneous Provisions
Contact Information
Confirmation and Consent
1. General Provisions and Contract Formation
1.1 Acceptance of Terms and Scope of Application
By accessing, using, or registering an account on the Cultioo App (the "App," "Platform," or "Marketplace"), you ("User," "you," or "your") fully, irrevocably, and unconditionally accept these Terms of Service (the "TOS"), the Cultioo Privacy Policy, and the terms of our external payment service provider Stripe, Inc. ("Stripe Terms").
Your consent is provided through a clickwrap procedure: Before activating your account or completing your first transaction, you must actively click a checkbox or press a button confirming your acknowledgment and acceptance of these TOS. This procedure ensures the legal enforceability of these TOS, including the arbitration agreement in Section 7.4.
IMPORTANT NOTICE: These TOS contain provisions that limit our liability, include a binding arbitration agreement, and waive your right to participate in class action lawsuits. Please read these carefully.
1.2 Cultioo's Role as Technology Intermediary
Cultioo functions exclusively as a technology platform for listing, discovering, and facilitating transactions between buyers and sellers, including payment processing and logistics coordination.
Cultioo is NOT:
A reseller, agent, broker, or manufacturer of products listed on the platform
A contracting party to the purchase agreement between buyer and seller
Responsible for the execution, fulfillment, or enforcement of purchase contracts
A "Merchant of Record" for transactions on the platform
The seller is the "Seller of Record" and is solely responsible for all aspects of the sale, including product quality, legality, warranties, and customer service.
Cultioo expressly disclaims any responsibility or liability for the fulfillment of purchase contracts, compliance with applicable laws by sellers, or disputes arising from direct transactions between users.
1.3 United States of America
These TOS apply exclusively to users who are resident or conduct business in the United States of America, engage in transactions through the Cultioo platform within the USA, and comply with all applicable U.S. federal and state laws.
2. Account Management and User Obligations
2.1 Account Registration and Data Integrity
Users are required to provide true, current, and complete information during registration. Platform use is contingent upon the ongoing maintenance of accurate account data.
You are solely responsible for:
The accuracy and currency of your account information
Immediate updates upon changes (address, payment details, business structure)
The security and confidentiality of your login credentials and passwords
All activities conducted under your account
False or outdated information can lead to:
Delays in transactions or payouts
Account suspension
Tax and legal consequences
Termination of your user agreement
2.2 User Representations and Warranties
By using the Cultioo platform, you represent and warrant that:
You are at least 18 years of age
You have the legal capacity to enter into binding contracts
You will comply with all applicable federal, state, and local laws
You will not use the platform for any illegal or unauthorized purpose
All information you provide is accurate, complete, and not misleading
2.3 Suspension and Termination by Cultioo
Cultioo reserves the right to suspend, restrict, or terminate your account at any time and at its sole discretion, particularly in cases of:
Violation of these TOS, the Privacy Policy, or the Stripe Terms
Non-compliance with data integrity requirements
Suspicion of fraud, money laundering, or illegal activities
Repeated customer complaints about product quality or service (for sellers)
Sale of prohibited or restricted products
Manipulation of reviews or abusive behavior
Non-payment of fees, commissions, or chargebacks
Violations of tax laws or licensing requirements
“Account termination may occur without prior notice. “ In the event of suspension or termination:
Outstanding payouts will be withheld until all open claims are resolved
You lose access to all account data and transaction histories
You have no entitlement to refund of fees paid
You remain liable for all obligations incurred before termination
3. Marketplace Transactions and Product Liability Disclaimer
3.1 Formation of Purchase Contract and Warranty Disclaimer
“The purchase contract is formed directly and exclusively between the buyer and the seller. “ Cultioo assumes no responsibility for the fulfillment, conformity, or enforcement of this purchase contract.
The liability for product quality, conformity with description, fitness for a particular purpose, and the accuracy and completeness of product descriptions rests SOLELY and EXCLUSIVELY with the seller, NOT with Cultioo.
CULTIOO MAKES NO EXPRESS OR IMPLIED WARRANTIES OR GUARANTEES REGARDING PRODUCTS LISTED ON THE PLATFORM.
PRODUCTS ARE SOLD BY THE SELLER TO THE BUYER ON AN "AS-IS" BASIS.
This comprehensive warranty disclaimer means:
Cultioo does not verify the quality, safety, or legality of products
Cultioo does not guarantee the accuracy of product descriptions
Cultioo is not liable for product defects, injuries, or damages
The buyer assumes all responsibility for inspection and acceptance of products in their current condition
3.2 Disclosure of Seller Data to Buyers
The buyer consents that Cultioo may display and disclose seller information necessary for transaction processing and compliance with applicable laws.
Displayed Seller Information includes:
Seller name/username
Business address (for high-volume sellers as required by the INFORM Consumers Act)
Contact details (phone number, email) for emergency purposes only
Legal Basis:
This data disclosure is supported by and necessary for compliance with the U.S. INFORM Consumers Act (15 U.S.C. § 45f), which requires online marketplaces to:
Collect identification information from high-volume third-party sellers (sellers with $20,000+ in annual gross revenues or 200+ transactions)
Disclose certain seller information (full name, physical address, functioning phone number, and email address) to consumers
By contractually obtaining buyer consent to this disclosure, Cultioo minimizes legal risks related to privacy claims concerning this regulatory-mandated transparency.
3.3 Seller Responsibility and Obligations
Sellers are solely and exclusively responsible for:
a) Product Quality and Safety
All products must be safe, merchantable, and free from defects
Products must comply with applicable federal laws (FDA, USDA, CPSC) and state regulations
Sellers are liable for all product recalls, safety warnings, or regulatory actions
b) Product Information and Descriptions
All product descriptions, images, prices, and specifications must be truthful, complete, and not misleading
Sellers must disclose all material information including ingredient lists, allergens, expiration dates, weight/quantity, country of origin, and storage instructions
False or misleading information can lead to customer complaints, refunds, and legal consequences
c) Legality and Compliance
All products must be legally acquired, manufactured, and permitted to be sold
Sellers must possess all required licenses, permits, and certificates
Sellers may not sell prohibited or restricted products
3.4 Buyer Responsibilities
Buyers are responsible for:
Reviewing product descriptions, specifications, and seller information carefully before purchase
Inspecting products upon delivery
Reporting issues within the contractual reporting period (Section 6.1)
Communicating directly with sellers regarding product issues
Complying with all applicable laws regarding the purchase and use of products
4. Payment Processing and Financial Terms
4.1 External Payment Service Provider (Stripe Connect)
All payment processing on the Cultioo platform – including collection of the purchase price, deduction of Cultioo commissions, and payout to the seller – is conducted exclusively through our external service provider Stripe, Inc. (Stripe Connect).
BY USING THE PAYMENT FUNCTION, YOU AUTOMATICALLY AGREE TO THE STRIPE TERMS (STRIPE CONNECTED ACCOUNT AGREEMENT), which are hereby incorporated by reference into these TOS.
Stripe Terms available at: https://stripe.com/legal/connect-account
You are expressly informed that the Stripe Terms may contain potentially onerous clauses, and you are obligated to review them carefully.
CULTIOO ASSUMES NO LIABILITY for failures, delays, errors, or decisions by Stripe or associated financial service providers, unless they result from gross negligence or willful misconduct by Cultioo.
4.2 Commissions and Fees
Cultioo reserves the right to charge commissions and service fees on transactions.
Current Fee Structure:
Sales Commission: 5% of gross sales price (before taxes) – charged to sellers
Payment Processing Fee: According to Stripe fees (typically 2.9% + $0.30 per transaction)
Commission Deduction:
Commissions are automatically deducted from each transaction
Sellers receive the net proceeds (sales price minus commissions and fees)
A detailed breakdown is available in the seller dashboard
Fee Changes: Cultioo reserves the right to change the fee structure with 30 days' notice. Continued use after changes means acceptance of the new fees.
4.3 Authorization of Bank Account Data for Payouts
Sellers who provide bank account data for payouts expressly consent to the processing of this data by Stripe for:
Compliance purposes (Compliance with Bank Secrecy Act (BSA) and Anti-Money Laundering (AML) regulations)
Know Your Customer (KYC) verification (Identity verification and risk assessment)
Payout processing (ACH transfers to your account)
Fraud prevention and loss prevention
This authorization enables Stripe to obtain necessary information about you and your business from third-party providers (credit bureaus, databases) to fulfill financial regulatory requirements.
Although Cultioo itself is not a financial institution, this clause serves to ensure compliance with standards consistent with U.S. laws protecting nonpublic personal financial information (NPI), such as the Gramm-Leach-Bliley Act (GLBA).
4.4 Tax Responsibilities
Sellers are solely responsible for:
Reporting all income from Cultioo sales on federal and state tax returns
Payment of self-employment taxes on net profits
Maintenance of proper accounting records
Remittance of estimated quarterly tax payments, if required
Compliance with state and local sales tax obligations (where not collected by Cultioo as a Marketplace Facilitator)
Note on Marketplace Facilitator Laws:
In the overwhelming majority of U.S. states, Cultioo assumes the statutory obligation to collect and remit state sales and use taxes for transactions processed through the platform. However, sellers remain responsible for proper product categorization and providing accurate product information for tax purposes.
4.5 IRS Reporting Requirements
Stripe, as a "Payment Settlement Entity" (PSE), is legally obligated to report transaction information to the Internal Revenue Service (IRS).
Form 1099-K Reporting:
Stripe will issue you and the IRS a Form 1099-K (Payment Card and Third Party Network Transactions) if your gross transactions exceed the statutory threshold (currently $600 as of tax year 2024).
You are required to:
File a correct IRS Form W-9 (for U.S. persons) or W-8BEN (for non-U.S. persons) with Stripe
Provide your Tax Identification Number (TIN) (SSN for individuals, EIN for businesses)
Consent to electronic delivery of 1099-K documents via the Stripe Dashboard
Failure to provide a valid TIN will result in Stripe being required to apply Backup Withholding (currently 24%) from your payouts and remit these withheld amounts to the IRS.
5. Logistics, Product Delivery, and Risk Transfer
5.1 Seller Liability Until Handover
The liability and responsibility for product quality and condition remains with the seller until the moment of physical handover to:
A Delvioo Driver, OR
A third-party shipping service provider privately organized by the seller
From the moment of handover to the carrier, the risk of accidental loss or deterioration passes to the carrier or buyer. The seller is no longer liable for transport damages (except for inadequate packaging). The carrier bears responsibility for safe delivery.
This risk transfer corresponds to the commercial practice "FOB Origin" (Free On Board - shipping point).
5.2 Delvioo Driver as Independent Contractor
IMPORTANT CLASSIFICATION:
When transport is performed by a Delvioo Driver, the Driver acts EXCLUSIVELY AS AN INDEPENDENT CONTRACTOR of Delvioo/Cultioo, and NOT as an employee, agent, or direct representative.
Driver Liability:
The Delvioo Driver, as an independent party, is liable for:
Safe and professional pickup and delivery of goods
Compliance with a realistic delivery time
All damages, injuries, or property losses that occur during transport
Traffic accidents or incidents during delivery
No Joint Liability:
The seller is NOT liable for the actions or omissions of the Delvioo Driver after proper handover of the goods.
Cultioo and the seller are not responsible for:
Delays by the Driver
Improper handling by the Driver (after proper handover)
Accidents or damages caused by the Driver
Indemnification by Delvioo Driver:
The Delvioo Driver is contractually obligated to indemnify Cultioo from any claims resulting from their actions or omissions, including claims for bodily injury, property damage, or claims arising from judicial or regulatory determinations that the Driver was misclassified as an independent contractor.
5.3 Self-Organized Shipping (Third Party)
If the seller privately organizes shipping through a third-party shipping service provider (e.g., UPS, FedEx, own delivery):
SOLE LIABILITY for the following aspects rests with the seller:
Selection of a reliable shipping service provider
Smooth shipping and timely delivery
Compliance with all delivery terms
Communication with the buyer about shipping status
Tracking information
Cultioo assumes NO logistics liability in this case.
5.4 Notification Obligations in Case of Delays or Problems
In case of unforeseen delays, breakdowns, or delivery problems, the directly responsible party (whether Delvioo Driver or seller organizing private shipping) is obligated to:
Inform the buyer immediately
Coordinate a solution directly with the buyer
Contact the seller (if Driver) to coordinate problem resolution
Notify Cultioo of serious incidents
Failure to inform the buyer can lead to:
Customer complaints and negative reviews
Refund demands
Claims for consequential damages
Account suspension or termination
6. Reporting Issues and Dispute Resolution
6.1 Contractual Reporting Period for Problems
30-DAY REPORTING PERIOD:
The period for reporting a problem, defect, or complaint via the Cultioo App is strictly 30 DAYS FROM THE DATE OF DELIVERY of the goods.
AFTER EXPIRATION OF THIS CONTRACTUAL PERIOD, DEFECTS CAN NO LONGER BE REPORTED OR CLAIMED VIA THE CULTIOO APP.
Purpose:
This short contractual reporting period serves:
Operational efficiency
Protection against stale claims
Forcing users to promptly inspect received goods
Enabling quick problem resolution
Important Legal Note:
While this clause restricts the ability to resolve the issue through the platform, statutory claims subject to longer statutes of limitations (typically several years under state law) remain fundamentally unaffected but must be asserted outside the platform directly against the seller.
6.2 Primary Resolution of Disputes
BUYER AND SELLER RESPONSIBILITY:
The primary resolution and settlement of product, quality, or delivery problems must occur directly between the buyer and the seller.
Cultioo is NOT obligated to:
Participate in these primary negotiations
Act as mediator
Make decisions about refunds or resolutions
Cultioo may, at its sole discretion:
Provide communication mechanisms
Offer voluntary dispute resolution
This does not create a legal obligation to intervene.
6.3 Refund and Return Policies
Refunds and returns are governed by:
The individual seller's stated policies
Direct agreement between buyer and seller
Applicable state consumer protection laws
Cultioo does not:
Mandate specific refund policies (except as required by law)
Process refunds directly (refunds are processed through Stripe between buyer and seller)
Guarantee buyer satisfaction with seller's refund policies
Buyers should:
Review seller refund policies before purchase
Contact sellers directly regarding refund requests
Report unresolved disputes to Cultioo within the 30-day period if platform intervention is desired
7. Indemnification, Limitation of Liability, and Governing Law
7.1 Exclusion of Consequential and Indirect Damages
TO THE MAXIMUM EXTENT PERMITTED BY LAW, CULTIOO IS NOT LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES arising from use of the App or transactions, including but not limited to:
Lost profits or lost revenue
Loss of business opportunities
Business interruption
Loss of data
Damage to reputation
This comprehensive exclusion applies even if Cultioo has been advised of the possibility of such damages.
Legal Basis:
This exclusion is a central element of risk minimization. Under Delaware law and the Uniform Commercial Code (UCC), the limitation or exclusion of consequential damages in the commercial context is generally permissible and enforceable, protecting the C-Corporation from incalculable financial losses.
7.2 Limitation of Total Liability (Liability Cap)
MAXIMUM LIABILITY:
Cultioo Inc.'s total liability to any user for all claims arising from these TOS or use of the platform is limited to a specified maximum amount.
This total liability is limited to the greater of:
(a) All fees paid by the affected user to Cultioo in the six (6) months immediately preceding the event giving rise to the claim; OR
(b) One Hundred U.S. Dollars ($100. 00 USD)
Exceptions to the Liability Cap:
This limitation of total liability does NOT apply to damages or losses caused by Cultioo Inc.'s:
Gross negligence
Willful misconduct
Fraud
Rationale:
The limitation to fees paid is a common standard in technology contracts, ensuring that maximum liability stands in reasonable proportion to generated revenue. Capping liability at a minimum of $100 provides certainty even for users who have paid minimal or no fees.
7.3 Indemnification
You agree to indemnify, defend, and hold harmless Cultioo Inc., its directors, officers, employees, contractors, and affiliated companies from all claims, losses, damages, liabilities, costs, and expenses (including reasonable attorney's fees) arising out of or related to:
a) Your Use of the Platform
Your violation of these TOS
Your violation of any law or regulation
Your infringement of any third-party rights
b) Seller-Specific Indemnification
Product liability claims (injuries, illnesses, damages from your products)
Product defects or errors
Misrepresentations or misleading product information
Violations of food safety, consumer protection, or other applicable laws
Infringement of intellectual property rights
c) Buyer-Specific Indemnification
Fraudulent chargebacks or payment disputes
False claims regarding non-delivery or product condition
Misuse of platform for illegal purposes
This indemnification includes:
All attorney's fees and legal costs
Court costs and settlement amounts
Damages and punitive payments
Regulatory fines
Cooperation Obligation:
You are required to:
Notify Cultioo immediately of potential claims
Cooperate in the defense against claims
Provide all necessary information and documents
7.4 Binding Arbitration Agreement and Class Action Waiver
MANDATORY ARBITRATION AGREEMENT:
ALL DISPUTES, CONTROVERSIES, OR CLAIMS arising out of or relating to these TOS, use of the Cultioo App, transactions, or Cultioo's services SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION, rather than in court.
YOU HEREBY EXPRESSLY WAIVE YOUR RIGHT TO LITIGATE A DISPUTE IN COURT AND TO BE JUDGED BY A JURY.
Arbitration Rules and Administration:
The arbitration will be administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules and Supplementary Procedures for Consumer-Related Disputes.
AAA Rules available at: www.adr.org or by phone: 1-800-778-7879
Arbitrator:
The arbitration will be conducted by a single neutral arbitrator selected according to AAA Rules. The arbitrator has exclusive authority to decide all disputes, including interpretation and enforceability of this arbitration agreement.
Location of Arbitration:
The arbitration will take place in Delaware, USA (or by phone/video by agreement).
Costs and Fees:
For claims under $10,000: Cultioo will pay all AAA filing fees, administrative costs, and arbitrator fees, unless the arbitrator finds your claims were frivolous.
For claims of $10,000 or more: Fees will be allocated according to AAA Rules.
Each party bears its own attorney's fees, unless applicable law or the arbitrator orders otherwise.
CLASS ACTION WAIVER:
YOU AND CULTIOO AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, COLLECTIVE, OR REPRESENTATIVE ACTION.
YOU HEREBY WAIVE YOUR RIGHT TO PARTICIPATE IN CLASS ACTIONS.
Rationale:
This is the ultimate protection mechanism against expensive, protracted litigation. Under the Federal Arbitration Act (FAA), such waivers are generally enforceable, as they preempt state laws favoring class actions.
Opt-Out Right (30-Day Window):
You have the right to opt out of this arbitration agreement by sending a written notice to Cultioo Inc., Attn: Legal Department - Arbitration Opt-Out, 8 The Green, Ste A, Dover 19901, United States within thirty (30) days of your first use of the platform or acceptance of these TOS, whichever is earlier.
7.5 Governing Law
These Terms of Service and all disputes arising therefrom are governed by and construed in accordance with the laws of the State of Delaware, USA, without regard to its conflict of laws provisions.
The choice of Delaware law is made because of its well-developed and business-friendly commercial legislation.
Important Limitations:
While Delaware law governs contractual disputes, certain matters may be subject to:
Federal law (e.g., Federal Arbitration Act)
The law of the state where the user actually resides or where the transaction occurs (particularly for consumer protection, worker classification, and other matters involving fundamental public policy)
Courts in other jurisdictions may decline to apply Delaware law if its application would undermine a fundamental, mandatory policy of the respective state.
8. Privacy and Data Protection
8.1 Privacy Policy
Your use of the platform is subject to the Cultioo Privacy Policy, which describes how we collect, use, and protect your personal information.
By accepting these TOS, you also accept the Privacy Policy.
Privacy Policy available at: https://cultioo.com/us/us_cultioo_app_info#privacy
8.2 Data Processing
You consent that Cultioo may process your data for:
Account management and authentication
Transaction processing
Compliance with legal obligations (KYC, AML, taxes, INFORM Consumers Act)
Communication with you
Platform improvement and analytics
Fraud prevention and security
8.3 Disclosure of Data
You expressly consent that Cultioo may disclose your information:
To other users: As necessary for transaction processing (e.g., seller information to buyers, buyer delivery information to sellers and Delvioo Drivers)
To service providers: Including Stripe (payment processing), Delvioo (logistics), cloud hosting providers, analytics services, and customer support platforms
To authorities: Tax authorities (IRS, State Tax Departments), law enforcement (for legal requests), regulatory authorities (FDA, USDA, FTC, etc.)
8.4 Data Security
Cultioo commits to implementing appropriate technical and organizational measures to protect your data, including:
Encryption of data transmission
Secure storage of sensitive data
Access control
Regular security reviews
9. Intellectual Property
9.1 Ownership of the Platform
All content, trademarks, logos, software, designs, and other intellectual property displayed on the platform are owned by Cultioo Inc. or its licensors and are protected by copyright, trademark, and other intellectual property laws.
You may not, without prior written consent from Cultioo:
Reproduce, copy, or duplicate
Distribute or publicly display
Modify or create derivative works
Conduct reverse engineering
9.2 User Content
You retain ownership of:
Your product images and descriptions (sellers)
Your reviews and ratings (buyers)
Your trademarks and logos
Your copyrighted content
License to Cultioo:
You grant Cultioo a worldwide, non-exclusive, royalty-free, transferable license to:
Display your products on the platform
Use your images and descriptions for marketing
Share with other users for transaction purposes
This license ends when you remove your content or delete your account.
9.3 No Infringement
You warrant that:
You are the lawful owner of all content or have the rights to use it
Your products and content do not infringe third-party rights (trademarks, copyrights, patents)
You do not sell counterfeit or imitation products
Violations of intellectual property rights can lead to:
Immediate removal of listings
Account suspension
Legal consequences
Damage claims
10. Termination of Use
10.1 Termination by User
You may terminate your account at any time by:
Using the deletion function in the app
Informing us in writing via the contact details in Section 12
After termination:
You lose access to your account and all associated data
Outstanding payouts (for sellers) will be processed according to the regular schedule (after deduction of all open claims)
You remain liable for all obligations incurred before termination
10.2 Termination by Cultioo
Cultioo may terminate or suspend your account pursuant to Section 2.3 of these TOS.
In the event of termination by Cultioo for cause:
There is no entitlement to refund of fees paid
Outstanding payouts may be withheld until all claims are resolved
You may be excluded from future use of the platform
10.3 Surviving Provisions
Provisions of these TOS that by their nature should survive termination remain in effect after termination of your use, including:
Liability limitations (Section 7.2)
Indemnification obligations (Section 7.3)
Warranty disclaimers (Section 3.1)
Arbitration agreement (Section 7.4)
Governing law (Section 7.5)
Intellectual property provisions (Section 9)
11. Miscellaneous Provisions
11.1 Entire Agreement
These TOS, together with the Cultioo Privacy Policy and incorporated Stripe Terms, constitute the entire agreement between you and Cultioo regarding use of the platform and supersede all prior agreements and understandings.
11.2 Severability Clause
If any provision of these TOS is found to be invalid, unlawful, or unenforceable, the remaining provisions shall remain in full force and effect. The invalid provision shall be replaced by a valid provision that most closely approximates the intent and economic purpose of the original provision.
11.3 No Waiver
Cultioo's failure to enforce any right or provision of these TOS will not be deemed a waiver of such right or provision.
11.4 Assignment
You may not assign or transfer these TOS or your account without Cultioo's prior written consent. Cultioo may assign these TOS to any affiliate or in connection with a merger, acquisition, or sale of assets.
11.5 Force Majeure
Cultioo is not liable for any failure or delay in performance due to circumstances beyond its reasonable control, including acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.
11.6 Amendments to the TOS
Cultioo reserves the right to amend or update these TOS at any time. We will notify you of material changes via:
Email to your registered email address
In-app notification
Prominent notice on our website
**Continued use of the platform after changes take effect constitutes your acceptance of the revised TOS. ** If you do not agree with the amended terms, you must cease using the platform and terminate your account.
11.7 Language
These TOS are provided in English. Any translations are provided for convenience only. In the event of any inconsistency or conflict, the English version shall prevail.
12. Contact Information
For questions about these TOS, complaints, or concerns, please contact us at:
Cultioo Inc. A Delaware Corporation 8 The Green, Ste A, Dover 19901 United States of America
Main Contact: Email: support@cultioo.com
Legal Department: Email: help@cultioo.com
Disputes: Email: support@cultioo.com
Website: www.cultioo.com
We strive to respond to all inquiries within five (5) business days.
13. Confirmation and Consent
BY CLICKING "I ACCEPT", CHECKING THE CORRESPONDING BOX, OR USING THE CULTIOO APP, YOU CONFIRM AND DECLARE:
That you have fully read and understood these Terms of Service
That you agree to be bound by all provisions of these TOS
That you waive your right to litigate disputes in ordinary courts and instead agree to the binding arbitration agreement
That you waive your right to participate in class action lawsuits
That you understand and accept the liability limitations and warranty disclaimers
That you accept the integration of the Stripe Terms and Cultioo Privacy Policy by reference
That you understand Cultioo's role as a technology intermediary and not as a party to purchase contracts
That you are of legal age (18+) and have the legal capacity to enter into this agreement
That all information provided during registration is true, accurate, and complete
IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT USE THE CULTIOO APP.
END OF TERMS OF SERVICE
© 2026 Cultioo Inc. All Rights Reserved. Last Updated: January 1, 2026 Version: 1.0 Governing Entity: Cultioo Inc., a Delaware Corporation