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Introduction
These Terms and Conditions of Use, together with any order form, quote, invoice, checkoutpage, subscription disclosure, purchase confirmation, service plan, license agreement, productdocumentation, warranty policy, return policy, privacy policy, cookie policy, or other termsexpressly incorporated by reference, are a legally binding agreement between you and CueTimeLLC ("CueTime," "Company," "we," "us," or "our").
These Terms govern your access to and use of CueTime.io, CueTime hardware products,CueTime software, CueTime mobile applications, web-based dashboards, online services, deviceinterfaces, firmware, documentation, integrations, subscription plans, support services, andrelated products or services, whether accessed through a website, mobile app, physical product,embedded screen, networked device, third-party marketplace, reseller, distributor, app store, orother authorized channel.
By accessing, browsing, purchasing, downloading, installing, registering for, activating,subscribing to, or using any CueTime product or service, you acknowledge that you have read,understood, and agree to be bound by these Terms. If you do not agree, do not access, purchase,install, activate, subscribe to, or use CueTime products or services.
1. Eligibility and Authority
You must be at least 18 years old and legally capable of entering into a binding agreement to useCueTime products or services.
If you access, purchase, activate, or use CueTime on behalf of a company, production company,venue, agency, integrator, reseller, distributor, employer, client, or other organization, you represent and warrant that you have authority to bind that organization to these Terms. In that case, "you" and "your" refer to both you individually and the organization you represent.
You may not use CueTime products or services if you are barred from doing so under applicablelaw or if we previously terminated your access for violation of these Terms.
2. CueTime Products and Services
CueTime provides hardware, software, applications, firmware, network-connected devices,confidence display solutions, stage timer solutions, remote control tools, integrations, analytics,logs, messaging features, documentation, support resources, and related services designed forlive events, corporate productions, presentations, rehearsals, broadcast environments,installations, and other timing or display workflows.
CueTime may modify, improve, suspend, discontinue, rename, replace, or update any product,software feature, service, integration, subscription plan, interface, workflow, documentation,firmware, or support resource at any time, subject to applicable law and any written agreementsigned by CueTime.
3. Account Registration and Security
Some CueTime features may require an account. You agree to provide accurate, complete, andcurrent information and to keep that information updated.
You are responsible for maintaining the confidentiality of your account credentials, devices,network credentials, administrator access, user permissions, and connected systems. You areresponsible for all activity that occurs under your account or through devices connected to youraccount, whether authorized by you or not, except to the extent caused by CueTime’s grossnegligence or willful misconduct.
You must promptly notify CueTime if you believe your account, password, device, API key,integration credentials, or access credentials have been lost, stolen, compromised, or usedwithout authorization.
CueTime may require multi-factor authentication, device verification, account recovery checks,or other security procedures. CueTime is not liable for losses arising from your failure to secureyour account, devices, network, passwords, user permissions, or third-party integrations.
4. License Grant
Subject to your compliance with these Terms and payment of all applicable fees, CueTime grantsyou a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to accessand use the applicable CueTime software, mobile app, web platform, firmware, documentation,and services solely for your internal business, event production, presentation, installation, orauthorized operational purposes.
This license does not transfer ownership of any CueTime software, firmware, source code, object code, documentation, design, interface, trade secret, brand asset, workflow, invention, patent,copyright, trademark, or other intellectual property.
CueTime reserves all rights not expressly granted.
5. License Restrictions
You may not, and you may not allow any third party to:
6. Hardware Purchases
CueTime hardware products may include, without limitation, CueTime Pro, CueTime Elite,CueTime Elite-LP, displays, enclosures, accessories, cables, power components, mounts, cases,replacement parts, and other physical products.
Hardware orders are subject to the quote, invoice, checkout page, purchase order, orderconfirmation, warranty policy, shipping terms, and any written product-specific terms providedby CueTime.
Unless expressly stated in writing by CueTime:
7.
Built-to-Order Products, Custom Products, Cancellations, and Returns
Some privacy laws define certain advertising, retargeting, analytics, or cross-context behavioraladvertising activities as a "sale" or "sharing" of personal information, even if CueTime does notsell personal information for money.
If CueTime uses technologies that are considered a sale or sharing under applicable law, you mayhave the right to opt out.
CueTime will provide a method to opt out where required by law, which may include a websitelink titled:
Do Not Sell or Share My Personal Information
Opt-Out Link: [Insert Do Not Sell or Share Link if applicable]If you submit an opt-out request, we will process it as required by applicable law. Opt-outpreferences may be browser-specific, device-specific, or account-specific depending on therequest method, technology used, and whether you are logged in.
8.
Shipping, Delivery, Risk of Loss, and Freight
Shipping dates, delivery windows, transit estimates, and fulfillment timelines are estimates onlyunless CueTime expressly guarantees a delivery date in a signed writing. CueTime is notresponsible for delays caused by carriers, customs, weather, labor disruptions, supply chainissues, force majeure events, freight damage, incorrect delivery information, site restrictions,failed delivery attempts, loading dock limitations, access limitations, or conditions outsideCueTime’s reasonable control.
Risk of loss may transfer according to the shipping terms stated in the applicable quote, invoice,order confirmation, purchase order, or shipping documents. If no specific shipping terms arestated, risk of loss transfers to you when CueTime delivers the product to the carrier.
You are responsible for inspecting shipments promptly upon delivery and notifying CueTime andthe carrier of any visible or concealed damage, missing items, or shipping discrepancies. Youmust retain packaging materials, photos, labels, and documentation needed for any freight orcarrier claim.
CueTime is not responsible for carrier damage except to the extent required by law or expresslystated in writing by CueTime.
9.
Installation, Setup, Networking, and Site Conditions
You are responsible for ensuring that your venue, network, power, cabling, mounting, rigging,staging, Wi-Fi, Ethernet, firewall, router, switch, VLAN, multicast, mDNS, DNS, DHCP,security, device management, and IT conditions are suitable for CueTime products and services.
CueTime may provide setup guidance, documentation, onboarding, or support, but you remainresponsible for proper installation, safe use, power compliance, cable management, trip-hazardmitigation, network configuration, venue approvals, and compliance with applicable codes,policies, and safety requirements.
CueTime is not responsible for failure, delay, degraded performance, unavailable features,connection issues, latency, discovery issues, device conflicts, or service interruptions caused by your network, venue, hardware, third-party systems, security settings, operating systems, apppermissions, firewall rules, browser settings, cellular service, internet service, or environmentalconditions.
10.
Subscriptions, Automatic Renewal, Billing, and Cancellation
CueTime may offer free plans, paid subscriptions, recurring subscription plans, software accessplans, service plans, feature upgrades, premium features, trial offers, promotional offers, andother paid products or services.
By purchasing, activating, or subscribing to a paid CueTime plan, you agree to the pricing,billing frequency, renewal terms, cancellation policy, and any additional terms presented to youat the time of purchase. Subscription terms may vary depending on whether the purchase is madethrough CueTime.io, a CueTime checkout page, Apple App Store, Google Play, Shopify, areseller, a distributor, or another authorized sales channel.
10.1 Automatic Renewal Disclosure
Unless otherwise stated at checkout, paid subscription plans automatically renew until canceled.This means that after your initial subscription period ends, CueTime or the applicable third-partybilling provider may automatically charge your selected payment method on a recurring basisunless you cancel before the renewal date.
Before you are charged for an automatically renewing subscription, CueTime will disclose, in aclear and conspicuous manner:
10.2 Affirmative Consent to Automatic Renewal
CueTime will not charge you for an automatic renewal or continuous service plan unless you firstprovide affirmative consent to the subscription terms, including the automatic renewal terms. Byselecting a paid subscription, checking an unchecked consent box, clicking a button that clearlyconfirms your subscription purchase, or otherwise completing the checkout flow, you agree to theautomatic renewal terms disclosed at the time of purchase.
CueTime may maintain records of your consent, including the date, time, plan selected, checkout disclosures shown, IP address, account identifier, transaction record, payment processorconfirmation, and version of the terms accepted.
10.3 Post-Purchase Acknowledgment
After you purchase or activate a paid subscription, CueTime or the applicable billing providerwill provide an acknowledgment that may include:
This acknowledgment may be sent by email, shown in your account, made available through the applicable app store, or provided through another durable electronic method.
10.4 Free Trials, Promotional Pricing, and Discounted Offers
If CueTime offers a free trial, promotional price, discounted price, introductory price, or limited-time subscription offer, the offer terms will be disclosed before purchase or activation. Thoseterms may include:
If required by law, CueTime will send a reminder notice before the end of a trial, promotional,discounted, or introductory pricing period.
10.5 Renewal Reminders
If required by law, CueTime will provide renewal reminders before automatically renewing asubscription, including subscriptions with an initial term of one year or longer.
Renewal reminders may be sent by email, account notification, app notification, checkoutprovider notification, app store notification, or another legally permitted method.
10.6 Material Changes and Fee Changes
CueTime may update subscription features, pricing, billing terms, renewal terms, cancellationterms, service offerings, or plan availability from time to time. If CueTime makes a materialchange to an automatic renewal or continuous service plan, CueTime will provide notice as required by law and will include information on how to cancel.
If CueTime changes the fee charged under an existing automatic renewal or continuous serviceoffer, CueTime will provide advance notice where required by law.
10.7 Cancellation
You may cancel your subscription using the cancellation method made available for thesubscription channel through which you purchased.
If you purchased through CueTime.io or a CueTime-managed checkout, you may cancel byusing the cancellation link or button in your account, by following the cancellation instructions online.
If you purchased through Apple App Store or Google Play, you must cancel through your Appleor Google account subscription settings. Deleting the CueTime app does not necessarily cancelyour subscription.
If you purchased through a reseller, distributor, marketplace, or third-party platform, cancellationmay be handled by that third party according to its policies.
CueTime will provide online cancellation where required by law. CueTime will not intentionallycreate cancellation steps designed to obstruct, delay, or prevent cancellation.
10.8 Effect of Cancellation
Cancellation stops future renewal charges. Unless otherwise stated at checkout or required bylaw, cancellation does not automatically provide a refund for prior charges, current billingperiods, hardware purchases, implementation fees, shipping charges, custom work, setup fees,activation fees, or other amounts already incurred.
After cancellation, you may continue to access paid features until the end of the then-currentbilling period unless otherwise stated or required by law.
10.9 Refunds
Except where required by applicable law, all subscription payments are non-refundable. Refundrights may vary depending on whether the purchase was made directly through CueTime, AppleApp Store, Google Play, Shopify, a reseller, a distributor, or another third-party platform.
For app store purchases, refund requests may need to be submitted directly to Apple or Google.
10.10 Hardware Purchases Are Separate From Software Subscriptions
CueTime hardware purchases, including CueTime Pro, CueTime Elite, CueTime Elite-LP,accessories, enclosures, custom configurations, and related physical products, may be subject toseparate purchase terms, warranty terms, shipping terms, return limitations, and cancellation restrictions. Hardware purchases do not automatically include an ongoing software subscription unless expressly stated at checkout, in a written order, or in a signed agreement.
11.
California Automatic Renewal Notice
This section applies only to consumers protected by California’s Automatic Renewal Law orsimilar applicable consumer protection laws.
If CueTime offers an automatic renewal or continuous service, CueTime will present theautomatic renewal terms in a clear and conspicuous manner before charging your paymentmethod. CueTime will obtain your affirmative consent to the automatic renewal terms beforecharging you.
CueTime will provide an acknowledgment that includes the automatic renewalterms, cancellation policy, and instructions on how to cancel in a manner capable of beingretained by you.Where required by law, CueTime will provide online cancellation, renewal reminders, trialexpiration notices, promotional pricing expiration notices, material change notices, and fee-change notices.
CueTime will not knowingly misrepresent any material term of a subscription, automaticrenewal, continuous service, free trial, promotional offer, or cancellation process.
12.
Prices, Taxes, Payment Authorization, and Chargebacks
Prices are stated in U.S. dollars unless otherwise indicated. Prices do not include taxes, duties,shipping, freight, customs, brokerage fees, installation, accessories, insurance, carrier fees,payment processing fees, or other charges unless expressly stated.
You authorize CueTime and its payment processors, app stores, marketplaces, resellers, or otherauthorized billing providers to charge your selected payment method for all amounts due,including applicable taxes, shipping, subscription charges, renewal charges, fees, and other amounts disclosed at checkout or in the applicable order.
You agree to provide accurate billing, tax, shipping, and payment information and to keep thatinformation current.
If a payment fails, is reversed, is disputed, or is charged back, CueTime may suspend orterminate access to paid products, software features, subscriptions, support, warranties, orservices to the extent permitted by law. You are responsible for all amounts owed, includingreasonable collection costs, chargeback fees, and legal fees where permitted by law.
13.
Taxes
You are responsible for all applicable sales, use, VAT, GST, excise, customs, duties, withholding,import, export, and other taxes or fees arising from your purchase or use of CueTime products orservices, except taxes based on CueTime’s net income.
CueTime may collect taxes where required. If CueTime does not collect a tax, you remainresponsible for paying any tax owed.
14.
Updates, Firmware, and Feature Changes
CueTime may provide software updates, firmware updates, patches, bug fixes, featureenhancements, security updates, compatibility updates, and other modifications. Some updatesmay be required for continued use, security, compatibility, or regulatory compliance.
You agree that CueTime may automatically install or prompt you to install updates, depending ondevice settings, platform rules, and product design. Failure to install updates may affectfunctionality, security, compatibility, support eligibility, or warranty coverage.
CueTime does not guarantee that all features will remain available indefinitely or that olderhardware, firmware, operating systems, devices, browsers, networks, or third-party integrationswill support all current or future features.
15.
Beta Features, Previews, and Experimental Tools
CueTime may offer beta, preview, pilot, pre-release, experimental, or evaluation features. These features are provided for testing and feedback only and may be incomplete, unstable,unavailable, inaccurate, or changed without notice.
Beta features are provided as-is, without warranties, service commitments, or supportobligations, to the fullest extent permitted by law. CueTime may discontinue beta features at anytime.
16.
Third-Party Platforms, App Stores, Resellers, and Integrations
CueTime products and services may interact with third-party platforms, app stores, paymentprocessors, e-commerce platforms, operating systems, networks, devices, APIs, software,hardware, AV systems, automation tools, control systems, analytics providers, CRM tools, email/SMS providers, shipping providers, and other third-party services.
Your use of third-party services is governed by their own terms, policies, fees, limitations, andprivacy practices. CueTime is not responsible for third-party services, outages, policy changes,pricing changes, API changes, data handling, security incidents, compatibility issues, accountrestrictions, or service interruptions.
CueTime may modify or discontinue third-party integrations if the third-party service changes,becomes unavailable, creates security concerns, imposes new restrictions, or is no longercommercially or technically feasible to support.
17.
User Content and Customer Data
You may submit, upload, enter, transmit, store, display, or generate information throughCueTime products or services, including event names, session names, speaker names, schedules,rundowns, timers, messages, settings, logs, account information, CSV files, support information, and other content.
You retain ownership of your content and customer data. You grant CueTime a worldwide, non-exclusive, royalty-free license to host, process, transmit, display, reproduce, modify, analyze, anduse your content and customer data solely as necessary to provide, secure, support, improve,troubleshoot, and operate CueTime products and services, comply with law, and enforce theseTerms.
You represent and warrant that you have all rights, permissions, consents, and authoritynecessary to provide your content and customer data to CueTime and to allow CueTime toprocess it as described in these Terms and the Privacy Policy.
18.
Privacy
CueTime’s collection, use, disclosure, and processing of personal information is described in theCueTime Privacy Policy. By using CueTime products or services, you acknowledge the PrivacyPolicy.
If you use CueTime on behalf of an organization, you are responsible for providing all notices,obtaining all consents, and maintaining all rights required for CueTime to process personalinformation submitted by or on behalf of your organization, including information related to employees, contractors, presenters, speakers, attendees, users, clients, and other individuals.
19.
Confidentiality
CueTime products and services may include non-public information, technical information,firmware behavior, pricing, product roadmaps, beta features, documentation, support guidance,integration materials, security information, API materials, and other confidential or proprietary information.
You agree not to disclose CueTime confidential information to any third party withoutCueTime’s prior written consent, except as required by law.
Confidential information does not include information that becomes publicly available throughno fault of yours, was lawfully known to you without confidentiality obligations, or isindependently developed without use of CueTime confidential information.
20.
Intellectual Property
CueTime and its licensors own all rights, title, and interest in and to CueTime products andservices, including all software, firmware, source code, object code, hardware designs, industrialdesigns, enclosures, user interfaces, workflows, architecture, methods, algorithms, documentation, graphics, logos, trademarks, service marks, trade names, product names, content,patents, patent applications, copyrights, trade secrets, know-how, and other intellectual property.
No rights are transferred to you except for the limited license expressly granted in these Terms.
You may not use CueTime’s trademarks, logos, product names, service marks, trade dress,screenshots, product images, or brand assets without CueTime’s prior written permission, exceptto identify CueTime products or services truthfully and in accordance with applicable law.
21.
Feedback
If you provide suggestions, ideas, enhancement requests, bug reports, product concepts, featurerequests, comments, designs, workflows, or other feedback, you grant CueTime a perpetual,irrevocable, worldwide, royalty-free, fully paid, transferable, sublicensable license to use,reproduce, modify, distribute, display, commercialize, and otherwise exploit that feedbackwithout restriction or compensation.
CueTime is not obligated to use, implement, maintain, or respond to feedback.
22.
Acceptable Use
You agree not to use CueTime products or services to:
CueTime may suspend or terminate access if it believes you violated this section or created a
security, legal, operational, or reputational risk
23.
Support
CueTime may provide support through email, website resources, documentation, app-basedsupport, phone, video call, training, onboarding, or other channels. Support availability, responsetimes, scope, and eligibility may vary by product, subscription plan, purchase channel, region,and support package.
CueTime does not guarantee immediate support, live event support, emergency support, onsitesupport, after-hours support, or resolution of every issue unless expressly agreed in writing.
24.
Service Availability
CueTime aims to provide reliable products and services, but CueTime does not guaranteeuninterrupted, error-free, latency-free, secure, or always-available operation.
CueTime products or services may be unavailable, limited, delayed, or degraded due tomaintenance, updates, internet outages, app store issues, cloud provider outages, networkconditions, venue IT restrictions, third-party service issues, hardware failure, device settings,user error, environmental conditions, force majeure events, or other causes.
You are responsible for maintaining appropriate backups, redundancies, manual workflows, showfiles, alternative display methods, and contingency plans for live events and mission-criticalproductions.
25.
Warranty Disclaimer
TO THE MAXIMUM EXTENT PERMITTED BY LAW, CUE TIME PRODUCTS ANDSERVICES ARE PROVIDED "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS,"EXCEPT TO THE EXTENT AN EXPRESS WRITTEN WARRANTY IS PROVIDED BY CUETIME.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, CUE TIME DISCLAIMS ALLWARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDINGWARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT, ACCURACY, AVAILABILITY,SECURITY, COMPATIBILITY, RELIABILITY, AND THAT PRODUCTS OR SERVICESWILL BE ERROR-FREE, UNINTERRUPTED, OR MEET YOUR REQUIREMENTS.
Some jurisdictions do not allow certain warranty exclusions, so some exclusions may not applyto you.
26.
Hardware Warranty
CueTime hardware may be covered by a separate limited warranty provided with the product, onthe website, in the order documents, or in other written warranty materials.
Unless expressly stated in a separate written warranty, CueTime does not warrant damage ordefects caused by misuse, abuse, unauthorized modification, improper installation, improperpower, improper cabling, improper storage, improper transport, liquid exposure, impact, neglect,failure to follow instructions, unauthorized repair, third-party accessories, carrier damage,normal wear and tear, environmental conditions, venue conditions, network conditions, or useoutside the product’s intended purpose.
Any warranty remedies are limited to the remedies expressly stated in the applicable warrantypolicy and are subject to applicable law.
27.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, CUETIME AND ITS OWNERS,MEMBERS, MANAGERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS,SUPPLIERS, LICENSORS, RESELLERS, DISTRIBUTORS, AFFILIATES, AGENTS, ANDSERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL,SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, OR ENHANCED DAMAGES,INCLUDING LOST PROFITS, LOST REVENUE, LOST BUSINESS, LOST GOODWILL,LOST DATA, LOST CONTENT, LOST OPPORTUNITY, BUSINESS INTERRUPTION,PRODUCTION DELAYS, EVENT DELAYS, SHOW DELAYS, CLIENT CLAIMS,REPUTATIONAL HARM, COST OF SUBSTITUTE PRODUCTS, COST OF SUBSTITUTESERVICES, OR THIRD-PARTY CLAIMS, EVEN IF ADVISED OF THE POSSIBILITY OFSUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, CUETIME’S TOTAL LIABILITYARISING OUT OF OR RELATING TO THESE TERMS, ANY PRODUCT, ANY SERVICE,ANY SUBSCRIPTION, OR ANY TRANSACTION WILL NOT EXCEED THE GREATER OF:(A) THE AMOUNT YOU PAID TO CUETIME FOR THE SPECIFIC PRODUCT ORSERVICE GIVING RISE TO THE CLAIM DURING THE THREE MONTHS BEFORE THEEVENT GIVING RISE TO LIABILITY; OR (B) $100.
The limitations in this section apply to all theories of liability, including contract, tort,negligence, strict liability, warranty, statute, and any other legal theory.
Some jurisdictions do not allow certain limitations of liability, so some limitations may not applyto you.
28.
Indemnification
You agree to defend, indemnify, and hold harmless CueTime and its owners, members,managers, officers, directors, employees, contractors, suppliers, licensors, resellers, distributors,affiliates, agents, and service providers from and against any claims, demands, actions, losses,liabilities, damages, judgments, penalties, fines, costs, and expenses, including reasonableattorneys’ fees, arising out of or relating to:
CueTime reserves the right to assume exclusive defense and control of any matter subject toindemnification. You agree to cooperate with CueTime’s defense.
29.
Termination and Suspension
CueTime may suspend, restrict, or terminate your access to products or services if CueTimereasonably believes that:
Upon termination, your license to use CueTime software and services ends immediately.Sections that by their nature should survive termination will survive, including paymentobligations, intellectual property, confidentiality, disclaimers, limitations of liability,indemnification, dispute resolution, and governing law.
30.
Export Control and Sanctions
You agree to comply with all applicable export control, sanctions, customs, and trade laws. Youmay not use, export, re-export, transfer, or provide CueTime products, software, firmware,technical data, or services in violation of applicable law, including to sanctioned countries, sanctioned parties, embargoed destinations, or prohibited end uses.
You represent that you are not located in, organized under the laws of, or ordinarily resident in acountry or territory subject to comprehensive U.S. sanctions, and that you are not listed on anyrestricted party list.
31.
Communications, Email, SMS, and Notices
You agree that CueTime may send you transactional, operational, legal, account, order,subscription, renewal, cancellation, support, security, and service-related communications byemail, app notification, account message, SMS, mail, or other contact method you provide.
If you opt in to marketing communications, CueTime may send promotional emails, SMS messages, product updates, event announcements, educational content, and offers. You may optout of marketing emails by using the unsubscribe link. You may opt out of SMS marketing by replying STOP or following the instructions in the message.
Opting out of marketing communications does not prevent CueTime from sending non-marketing communications, including purchase confirmations, renewal notices, cancellationconfirmations, legal notices, safety notices, account notices, and service messages.
32.
Electronic Signatures and Records
You consent to electronic records, electronic signatures, electronic disclosures, electronic notices,and electronic contract formation. You agree that electronic actions, including checking boxes,clicking buttons, signing electronically, entering payment information, submitting forms, orusing CueTime products or services, may have the same legal effect as handwritten signaturesand paper records.
You are responsible for maintaining devices, software, internet access, and email access neededto receive and retain electronic records.
33.
Changes to These Terms
CueTime may update these Terms from time to time. The updated Terms will be posted onCueTime.io or otherwise made available. The effective date or last updated date will identify thelatest version.
If CueTime makes material changes, CueTime may provide notice by email, app notice, accountnotice, checkout notice, website notice, or another legally permitted method. Continued use ofCueTime products or services after the effective date of updated Terms means you accept theupdated Terms.
If you do not agree to updated Terms, you must stop using CueTime products and services andcancel any subscription according to the applicable cancellation process.
34.
Governing Law
These Terms are governed by the laws of the State of California, without regard to conflict-of-law principles, except to the extent federal law applies or applicable law requires otherwise.
35.
Dispute Resolution, Arbitration, and Class Action Waiver
Please read this section carefully. It may require you to arbitrate disputes with CueTime and maylimit the way you can seek relief.
35.1 Informal Resolution
Before filing a claim, you agree to first contact CueTime at legal@cuetime.io and provide awritten description of the dispute, the relief requested, and your contact information. CueTimewill attempt to resolve the dispute informally. If the dispute is not resolved within 30 days afterreceipt, either party may proceed as permitted below.
35.2 Binding Arbitration
Except for claims that qualify for small claims court, claims for injunctive or equitable reliefrelated to intellectual property, unauthorized access, misuse, confidentiality, or security, andclaims that cannot be arbitrated as a matter of law, any dispute, claim, or controversy arising outof or relating to these Terms, CueTime products, CueTime services, subscriptions, purchases,billing, cancellation, privacy, or communications will be resolved by binding arbitrationadministered by the American Arbitration Association under its applicable rules.
The arbitration will take place in Los Angeles County, California, unless the parties agreeotherwise or applicable law requires another location. The arbitrator will have authority to awardthe same damages and relief that a court could award on an individual basis.
35.3 Class Action Waiver
To the fullest extent permitted by law, you and CueTime agree that each may bring claimsagainst the other only in an individual capacity and not as a plaintiff, class member, orrepresentative in any class action, collective action, consolidated action, private attorney generalaction, or representative proceeding.
35.4 Jury Trial Waiver
To the fullest extent permitted by law, you and CueTime waive any right to a jury trial fordisputes arising out of or relating to these Terms or CueTime products or services.
35.5 Small Claims Court
Either party may bring an individual claim in small claims court if the claim qualifies.
35.6 Opt-Out Right
You may opt out of the arbitration agreement and class action waiver by sending written notice to legal@cuetime.io within 30 days after first accepting these Terms. Your notice must include yourname, email address, account identifier if applicable, and a clear statement that you opt out ofarbitration. Opting out of arbitration does not affect any other part of these Terms.
36.
Venue for Non-Arbitrable Claims
For any claim not subject to arbitration, the parties consent to the exclusive jurisdiction andvenue of the state and federal courts located in Los Angeles County, California, except where applicable law requires otherwise.
37.
Force Majeure
CueTime is not responsible for any failure or delay caused by events outside its reasonablecontrol, including acts of God, natural disasters, fire, flood, earthquake, severe weather,pandemic, epidemic, labor disputes, supply chain disruptions, transportation delays, carrierdelays, customs delays, war, terrorism, civil unrest, government action, power failures, internetoutages, network failures, cloud provider outages, app store outages, cyberattacks, componentshortages, or third-party service failures.
38.
Assignment
CueTime is not responsible for any failure or delay caused by events outside its reasonablecontrol, including acts of God, natural disasters, fire, flood, earthquake, severe weather,pandemic, epidemic, labor disputes, supply chain disruptions, transportation delays, carrierdelays, customs delays, war, terrorism, civil unrest, government action, power failures, internetoutages, network failures, cloud provider outages, app store outages, cyberattacks, componentshortages, or third-party service failures.
39.
Severability
If any provision of these Terms is found invalid, illegal, or unenforceable, that provision will beenforced to the maximum extent permitted by law, and the remaining provisions will remain infull force and effect.
40.
No Waiver
CueTime’s failure to enforce any provision of these Terms does not waive CueTime’s right toenforce that provision or any other provision later.
41.
Entire Agreement
These Terms, together with any documents incorporated by reference and any written order,quote, invoice, checkout disclosure, subscription disclosure, or agreement accepted by you,constitute the entire agreement between you and CueTime regarding the applicable products and services and supersede all prior or contemporaneous understandings, communications, oragreements on the same subject.
If there is a conflict between these Terms and a signed written agreement between you andCueTime, the signed written agreement controls to the extent of the conflict.
42.
Contact Information
For questions about these Terms, contact CueTime at:
CueTime LLC.
Website: https://www.cuetime.io
Support: support@cuetime.io
Legal: legal@cuetime.io
Mailing Address: 8 The Green STE 23567 Dover, DE 19901
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