These terms of use (the Terms) apply, together with our privacy policy (the Privacy Policy), to our website and our mobile application Cues (collectively, the Services). The Services are provided to you by #include tech. (#include tech., we, us or our).
Please read these Terms carefully in order to ensure that you are aware of your rights and obligations when using the Services. By accessing or using the Services, you agree to be bound by these Terms. You can download and print these Terms.
Registrations and accounts
Age restriction
The Services are intended solely for persons who are 16 years old or such higher age required in your country to use the Services. If you are under the legal age to enter into an agreement, approval of your parent or legal guardian is required.
Registration
You can use parts of the Services without registration. However, you may register in order to create an account and will be required to do so in order to be able to use certain features of the Services. By registering, you agree to (i) provide true, accurate, current and sufficiently complete information about yourself and (ii) maintain and update this information so as to enable us to provide you with the Services.
Confidentiality of account information
You are responsible for maintaining the confidentiality of the credentials associated with your account and of other confidential account information. While we use reasonable security measures to protect against unauthorised access to your account, we cannot guarantee absolute security of your account, the personal information you provide, or your Content (as defined below).
Registration or access through third-party services
You may be able to register for or log in to your account via a third-party service, such as Apple or Google. If you choose to do so, you hereby authorise us to pre-populate the registration and other relevant information fields and to use your third-party credentials to log you into your account. If you connect your account to a third-party service, you agree to comply with the terms and conditions and policies applicable to such third party.
Waitlist and early access
We may offer a waitlist and invite you to try pre-release builds of the app, for example through Apple TestFlight. Pre-release builds are provided for testing and evaluation only. They may contain errors, may not work as intended, and may change or be withdrawn at any time without notice. You should keep copies of any material you import into a pre-release build. Any feedback you give us about the Services may be used by us without obligation to you.
Subscriptions
Subscription fees
In order to access certain functionality of the Services, you may be required to pay subscription fees. Subscription fees, along with any required taxes, may be paid on a recurring basis. All subscription fees are payable in advance. We reserve the right to increase subscription fees, any associated taxes, or to charge new fees at any time upon reasonable notice.
Payments
Purchases made through an app store are processed by that store under its own terms, and your payment details are handled by the store rather than by us. If we offer another way to pay, you must provide us with information about your preferred payment method, and you authorise us and our third-party payment processors to receive, store and encrypt your payment information. No refunds (in whatever form) will be provided by us, other than as provided for in these Terms or as required by the policies of the app store through which you purchased.
Free trial
At our sole discretion, we may provide you with a free trial period. If a free trial is being offered, it will be indicated before you activate your subscription.
Auto-renewal
Subscription fees will be billed automatically at the start of each subscription period, as applicable. These fees will auto-renew until your subscription is downgraded or cancelled. You may cancel your subscription at any time, as described below.
Cancellation
If you subscribed through an app store, you may cancel your subscription through the corresponding store. If you subscribed through our website, you may cancel through our website or the app. When your subscription ends, your account will remain and revert to the free tier. You can renew your subscription at any time against the then-applicable subscription fee.
Account deletion
Regardless of whether you have activated a subscription, you can delete your account at any time.
Content
Content ownership
You own the information, data, sound, photographs, graphics, video, messages, or other materials you make available in connection with or through the Services (the Content), regardless of whether publicly posted, privately transmitted, or submitted through a third-party API.
License
To the extent the Services need to handle your Content in order to operate, for example to store, sync, share or export a project on your instruction, you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use, reproduce, modify, adapt, publish and display that Content, and any name, username or other information you post in connection with the Services, solely for the purpose of operating, providing, securing and improving the Services, without compensation to you.
Responsibility for Content
You agree that we are not responsible for the Content made available through the Services. If your Content violates these Terms or any applicable laws, you are legally responsible for the Content. You represent that you have all rights necessary to use your Content with the Services. We will not be liable for any use or any disclosure of the Content that you choose to share or publish.
Confidentiality of the Content
Content you keep on your device or mark as private is treated as confidential. If you choose to share, publish or export Content so that it becomes available to others, you are responsible for the public nature of your Content.
Third-party products and services
Third-party products and services are made and offered directly by the applicable third party. When you use or purchase any such product or service, including when you export or publish Content to a third-party platform, you acknowledge that you are contracting directly with such third party and not with us. You agree that we shall not be liable for any loss or damages of any kind incurred by you as the result of your interactions with third-party service providers available through the Services.
Intellectual property rights
Our proprietary rights
The Services, including any software used in connection with the Services, any aggregated data based on usage of the Services, and any content made available by us on the Services, contain proprietary information that is protected by applicable intellectual property and other laws. Except as expressly permitted by us or by any third party holding the necessary rights, you agree not to copy, modify, distribute, reverse engineer or create derivative works based on the Services or the content we make available on the Services (other than the Content that you own).
Third-party intellectual property rights infringements
If you believe in good faith that materials hosted by us infringe your copyright or trademark rights, you may send us a notice requesting that the material be removed or that access to it is blocked. Such notice and takedown request must include at least the following information: (i) identification of the copyrighted work or trademark claimed to have been infringed, (ii) identification of the Content that is claimed to be infringing and information reasonably required for us to locate the material on the Services, and (iii) the name, address, telephone number and email address of the complaining party. If we determine that infringing materials are provided on or through the Services, we will inform you of the action we will take in relation to these materials.
Limitation of liability
No liability
The Services and any content that is made available to you through the Services are provided to you “as is” and “as available”, without warranties of any kind. We, including any of our subsidiaries, affiliates, partners, employees or officers, do not accept any liability in relation to the Services as provided by us or any of the content made available through the Services, to the fullest extent permitted by applicable law.
Limited liability
In the event that we are nevertheless found liable, this liability is limited to direct damages you suffer as a result of a shortcoming or wrongful act that can be attributed to us. Direct damage only includes material damage to goods, reasonable costs incurred to prevent or limit direct damage, and reasonable costs incurred to determine the cause of the damage. We shall in no event be liable for any special, incidental, indirect or consequential damages, including, but not limited to, loss or damage of data, loss of profits and lost sales.
Limitation period
In any event, any liability shall lapse within one year following the earlier of the provision of the Services resulting in any (alleged) liability, or one year following the moment as of which the liability could have been reasonably known.
Indemnification
You agree to indemnify and hold us, including any subsidiaries, affiliates, officers, employees, licensors and partners, harmless from any claim or demand made by any third party due to or arising out of Content, services or products you submit, transmit, offer or otherwise make available through the Services, your use of the Services, your violation of the Terms, your violation of any data protection laws, or your violation of any rights of another person or entity.
Termination
Under certain circumstances and without prior notice, we may immediately either suspend or terminate your account and/or access to the Services. These circumstances may include: (i) breaches of these Terms or other policies, (ii) a request by you (for example, in relation to account deletion), (iii) discontinuation or material modification of the Services, (iv) unexpected technical or security issues or problems, (v) extended periods of inactivity, (vi) any violation of intellectual property rights, and/or (vii) non-payment of any fees owed by you in connection with the Services. Any such suspensions or terminations shall be made in our sole discretion. You agree that we shall not be liable to you or any third party for any suspension or termination of your account or access to the Services. Termination shall not affect the provisions of these Terms concerning General, Limitation of liability and Dispute resolution.
General
Entire agreement
These Terms and the Privacy Policy constitute the entire agreement between you and us with respect to your use of the Services.
Unenforceability
If any provision of these Terms is found by a court (or other competent body) of competent jurisdiction to be invalid, you and we agree that the court should endeavour to give effect to these Terms to the greatest extent possible. The other provisions of these Terms remain in full force and effect.
Assignment
You may not assign or otherwise transfer your account or your rights and obligations under the Terms without our written consent. We have the right, in our sole discretion, to transfer or assign all or any part of our rights and obligations under these Terms. Furthermore, we have the right to delegate to or use third-party contractors to fulfil our duties and obligations under these Terms and in connection with the Services.
Force majeure
In the case of force majeure, the non-fulfilment of the agreement between you and us will not qualify as an attributable failure, and we are released from all contractual obligations and liability. Force majeure includes, but is not limited to, illness of employees and/or absence of personnel crucial for the provision of the Services, disruptions of the electricity supply, fire, natural disasters, strikes, floods, failures to perform by third parties engaged by us, hardware disruptions, disruptions in the (telecommunications) networks and other unforeseen circumstances.
Changes to the Terms
We reserve the right, in our sole discretion, to update the Terms at any time and for any reason. We will notify you of any material changes to the Terms or to any service or other features of the Services. If you continue to access or use the Services after we have informed you of such change, you agree to be bound by the modified Terms.
Changes to the Services
Both we and our third-party service providers may make, at any time and for any reason in our sole discretion, improvements and/or changes to the Services, software applications, features and prices. The app may download and install upgrades, updates and additional features in order to improve and further develop the Services. We reserve the right to modify or discontinue, either temporarily or permanently, the Services in full or in part with or without notice. We shall not be liable to you or any third party for any modification, suspension or discontinuance of the Services.
Dispute resolution
Applicable law
The Services, the Terms, the Privacy Policy, your relationship with us, and any action in relation thereto, shall be governed by the laws of India, without regard to its conflict of law provisions. Nothing in these Terms limits any rights you may have under mandatory consumer protection laws in your country of residence.
Competent court
The competent courts of Maharashtra, India, shall have exclusive jurisdiction in relation to any actions regarding the Services, the Terms, the Privacy Policy, and any other aspects of your relationship with us.
Questions
If you have any questions or requests for support in relation to the Services, please contact us at hi@cues.app.