Terms of Service

Effective from 27 November, 2022

Welcome to Cued!

These Terms of Service (or "Terms") govern your access to and use of Cued, including our website and mobile application, which we refer to collectively as services (or the "Services"). By using Cued, you agree to these Terms.

1. Who May Use the Services

You must be at least 13 years of age to use the Services. Also, depending on your country, if you are under a certain age, you may only use the Services after the consent of your parent or guardian. Please be sure your parent or guardian has reviewed and agreed to these Terms before you start to use the Service. By using the Services, you represent, warrant, and agree that you can form a binding contract with Cued and are you are not a person who is barred from using the Services under the law of the applicable jurisdiction.

We reserve the right to request proof of age at any time to verify your age so that no one under the age of 13 is using the Service. If it comes to our knowledge that someone under the age of 13 is using the Services, we will restrict that person from enjoying the Services and remove the account as soon as possible, including any personally identifiable information according to our Privacy Policy.

If you are using the Services on behalf of a company, organization, government, or other legal entity, you represent that you are authorized to bind that entity to these Terms, and you agree to these Terms on behalf of that entity. In that case, all references to "you" and "your" in these Terms shall refer to you as the end user and that entity.

2. Your Use of the Services

Our Services are currently under development and experimental. As such, we may add or remove features or functionalities, and we may also suspend or stop the Services altogether. We may also remove any Content on the service and suspend or terminate users without liability to you. We may take any of such actions at any time for any reason, and when we do, may not provide you with any notice beforehand.

Regarding your access and use of the Services, you agree that the Services may include advertising placements, including in close proximity to your content. We have certain prohibitions regarding the use of the Services. You may not, whether on your behalf or another entity, do any of the following while accessing or using the Services: (i) access or attempt to gain unauthorized access to the Services by any means (through the use of bots or other automations or otherwise), including the accounts of other users of the Services; (ii) access, attempt to gain access to or tamper with non-public areas of the Services, our computer systems, or any technical delivery systems of our providers; (iii) prove, scan, or test the vulnerability of our systems, networks, or Services, or breach any security or authentication measures; (iv) use the Services to transmit, distribute, display, or share any content that may infringe third party rights, including intellectual property and privacy rights, or which may contain any unlawful content; (v) use the Services to transmit any virus, worm, Trojan Horse, spyware, or any other computer code, program or file that may or is intended to harm the operation of any software or hardware of computer or telecommunications system; (vi) Use software, script or any other process (including crawlers) to scrape the Services or otherwise copy profiles and other data from the Services; (vii) remove or delete copyright notices and signs indicating proprietary rights of Cued, including copyright mark (&COPY;) or trademark (&REG; or ™); (viii) Interfere with or disrupt the operation of the Services (or the servers that host the Services) or attempt to do same, including, without limitation, posting viruses, initiating a denial of service attack, spamming, or by scripting the creation of Content in such a manner as to disrupt the Services or overburden the servers that host the Services; or (ix) access or use the Services in an illegal, immoral, or unauthorized manner. We may terminate or suspend your access to the Services if you violate any of these prohibitions and may also refer you for criminal prosecution.

3. Privacy

We take your privacy seriously. Our Privacy Policy explains how we collect and handle the information you provide to us when you use our Services. It also explains how you can control your data.

4. Your Account

You need to create an account to access and use certain Services on Cued. When you create an account, you agree to provide us with accurate, complete, and updated information for your account. You are responsible for all the activities on your account, including any purchases made and/or payment obligations arising under your account. You are also responsible for keeping your account secure. One way to achieve this is to use a strong password that you don't use for any other account. If you believe your account or password has been compromised, please notify us at support@cued.app. When you sign-up or sign in to Cued using sign-on functionalities provided by third-party platforms, such as Google or Apple, you agree to comply with the relevant third-party platform's terms and conditions. You agree not to create any account if your account has been previously removed or terminated unless we consent otherwise.

5. Termination

You may terminate these Terms at any time and for any reason by deactivating your account and discontinuing your use of the Services (you can remove or delete your account from the profile page of the mobile app by clicking on "Delete account").

We may terminate or temporarily suspend your access to and use of the Services, at our sole discretion, at any time for any reason and without advance notice, including but not limited to: (i) if we determine that you fail to comply with these Terms, our Community Guidelines; if required by the law; or (iii) if after registration your account is not confirmed or if your account is inactive for an extended period. When we take such action, we will try to inform you beforehand by the email address associated with your account. However, we can't guarantee to send notices in all circumstances for reasons such as technical difficulties on our part, where we are prohibited by the law, or because doing so will put our community of users at harm or compromise any of our services.

Upon termination of these Terms, whether by you or Cued, the following provisions will survive: Section 3, 4 (Rights you Grant Us, Additional Terms for Specific Services) and 6-8 (Safety, Your Account, etc.).

6. Indemnity

You agree to defend, indemnify and hold harmless Cued, our affiliates, directors, officers, stockholders, employees, licensors, and agents from and against any claims, complaints, charges, damages, losses, costs, liabilities, debts, fines, and expenses (including attorneys' fees) due to or arising directly or indirectly out of or in connection with your Content or any other use of the Services.

7. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE CUED ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF CUED ENTITIES EXCEED THE GREATER OF TEN U.S. DOLLARS ($10) OR THE AMOUNT YOU PAID CUED, IF ANY, IN THE PAST THREE (3) MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM. THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT, OR OTHERWISE, AND WHETHER OR NOT THE PARTIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE.

8. General

We may make changes to these Terms from time to time. When you make changes to these Terms that we determine to be material, we will notify you (through the email associated with your account) as legally required to give you time to review them before the changes come into effect. If you keep using the Services after the revisions come into effect, you agree to be bound by the revised Terms. If you do not agree to the revised Terms, you can delete your account and stop using the Services.

The words "include" and "including" as used in these Terms are to be construed without limitation. The invalidity of any provision of these Terms will not affect the validity or enforceability of any other provision or any remaining provision. Cued's delay or failure in enforcing any provision of these Terms will not be construed as a waiver of any rights under that provision. You may not delegate, assign or transfer these Terms or any rights or obligations under these Terms without Cued's prior consent.

These Terms set out the agreement between you and Cued Ltd., 71-75 Shelton Street, Covent Garden, London, WC2H 9JQ, U.K.

Cued welcomes your comments, questions, concerns, or suggestions on these Terms. Please contact us through the following: website: https://www.cued.app; or email: support@cued.app.