Terms of Service

These Terms of Service ("Terms") are an agreement between you and 42Ten Media LLC ("42Ten Media," "we," "us," or "our") governing your access to and use of CueKit. CueKit is a product of 42Ten Media LLC. By creating an account, joining a workspace, purchasing a subscription, or otherwise using CueKit, you agree to these Terms.

1. Eligibility and Accounts

You must be legally able to enter into these Terms and must provide accurate, current account information. You are responsible for protecting your credentials and for activity under your account. Do not share credentials or use an account you are not authorized to access. Notify us promptly if you suspect unauthorized access.

2. Organizations and Workspaces

CueKit is organized around workspaces that may contain multiple users, events, and roles. Workspace owners and admins may invite or remove users, assign roles, manage billing, and control workspace settings according to the permissions available in CueKit. Organizations may designate people to administer their workspace, and we may rely on instructions from authorized owners and admins. Workspace owners and admins are responsible for managing the users they authorize.

3. Customer Content and Event Data

You and your organization retain ownership of content entered or uploaded to CueKit, including event, program, run-of-show, staff, speaker, presenter, file, and other operational information ("Customer Content"). You grant 42Ten Media a limited, non-exclusive license to host, store, reproduce, process, transmit, back up, and display Customer Content solely as necessary to provide, secure, maintain, and support CueKit and comply with law.

You are responsible for Customer Content and for obtaining the rights, notices, permissions, and consents needed to collect, upload, use, and share it through CueKit, including information about speakers, presenters, staff, and event participants.

4. Acceptable Use

You may not use CueKit to:

• Violate law or another person's intellectual property, privacy, or other rights;
• Access accounts, workspaces, data, or systems without authorization;
• Introduce malware or interfere with CueKit's availability, integrity, or security;
• Circumvent access controls, usage limits, or security measures;
• Harass, abuse, deceive, or harm others;
• Reverse engineer CueKit except to the limited extent applicable law does not allow that restriction; or
• Use automated means in an excessive or abusive manner that disrupts CueKit or other customers.

5. Plans, Subscriptions, and Billing

CueKit offers a Free plan and paid subscription plans. Some features and levels of use require a paid plan. Paid subscriptions are processed by Stripe, our payment provider, and may be offered on monthly or annual billing intervals. Your access is based on the selected plan, which may include limits on events, team seats, or other usage. Current plan details and prices are shown on the Pricing page and during checkout. Applicable taxes may be added.

We may change plan features, limits, or prices prospectively. If a change materially affects an active paid subscription, we will provide notice as required by law or otherwise reasonably appropriate before the change takes effect.

6. Automatic Renewal

Paid subscriptions automatically renew for successive periods matching the selected billing interval unless canceled before renewal, subject to the billing terms presented at purchase. By purchasing a subscription, you authorize Stripe to charge the payment method associated with the subscription for recurring fees and applicable taxes.

7. Upgrades, Downgrades, and Plan Changes

Workspace owners and admins may manage an existing paid subscription through the billing area and Stripe's customer portal. Depending on the change and the terms shown in the portal, an upgrade or other plan change may take effect immediately or at the start of the next billing period. Scheduled downgrades take effect at the date shown in the billing area; the workspace keeps its current plan access until then. Any charge, credit, or billing adjustment is determined by the terms displayed when the change is confirmed.

8. Cancellation and Refunds

Workspace owners and admins may cancel a paid subscription through the account billing area. Unless the billing flow states otherwise, cancellation takes effect at the end of the current paid billing period, and paid access continues until that date. When the subscription ends, the workspace moves to the Free plan and its applicable limits.

Payments are generally non-refundable except where required by law or expressly agreed by 42Ten Media. Cancellation does not itself create a right to a refund or credit for the remaining portion of a billing period.

9. Failed Payments

If a payment fails, Stripe may retry the payment and the subscription may be marked past due. CueKit may provide a reasonable opportunity to update payment information. If payment remains overdue, we may restrict paid functionality, downgrade the workspace, suspend access, or cancel the subscription, subject to applicable law.

10. Free Plan

The Free plan is subject to the features and limits shown in CueKit. 42Ten Media may modify or discontinue free offerings prospectively. Free access does not guarantee permanent availability of a particular feature or limit.

11. Service Availability

We make reasonable efforts to keep CueKit reliable and available. However, no online service is uninterrupted or error-free. CueKit may be unavailable because of maintenance, updates, security work, technical failures, third-party infrastructure, or circumstances outside our reasonable control. We may make reasonable changes needed to protect the service, customers, and data.

12. Operational Copies and Contingency Planning

CueKit supports live-event operations, but it is not a life-safety or emergency system. Customers should maintain reasonable copies, exports, or other contingency plans for mission-critical event information when appropriate for their operations.

13. Changes to CueKit

We may improve, modify, add, or remove features over time. We will not intentionally make a material reduction to the core paid service during a prepaid term without providing a reasonable remedy, transition, or notice as appropriate, except when a change is necessary for security, law, or circumstances outside our reasonable control.

14. Intellectual Property

CueKit's software, branding, design, documentation, and underlying technology are owned by 42Ten Media LLC or its licensors and are protected by applicable intellectual-property laws. These Terms give you a limited right to use CueKit during your authorized access; they do not transfer ownership of CueKit. Customer Content remains Customer Content.

15. Feedback

If you provide ideas or suggestions about CueKit, you permit us to use them without restriction, compensation, or obligation to you. This does not give us ownership of your Customer Content.

16. Third-Party Services

CueKit may use or interact with services operated by third parties, including payment, email, authentication, hosting, and storage providers. Third-party services are governed by their own terms and privacy practices. We are not responsible for third-party services that we do not control.

17. Suspension and Termination

We may suspend or terminate access when reasonably necessary to address a material violation of these Terms, illegal use, a security threat, nonpayment, harm to CueKit or other users, or a legal requirement. Where reasonable, we will provide notice and an opportunity to address the issue. Workspace owners may discontinue use and request workspace deletion by contacting us; subscription cancellation should be completed through the billing area.

18. Effect of Termination

When access terminates, your right to use CueKit ends. Customer Content may eventually be deleted, but we may retain information for legitimate legal, billing, security, fraud-prevention, backup, dispute-resolution, or compliance purposes. Provisions that by their nature should survive termination will remain in effect, including provisions about ownership, disclaimers, liability, indemnification, and disputes.

19. Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY LAW, CUEKIT IS PROVIDED "AS IS" AND "AS AVAILABLE." 42TEN MEDIA DISCLAIMS IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT CUEKIT WILL BE UNINTERRUPTED, ERROR-FREE, OR SUITABLE FOR EMERGENCY, LIFE-SAFETY, MEDICAL, OR OTHER HIGH-RISK SYSTEMS. Some jurisdictions do not allow certain disclaimers, so some of these terms may not apply to you.

20. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, 42TEN MEDIA AND ITS AFFILIATES, OWNERS, EMPLOYEES, CONTRACTORS, AND LICENSORS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATED TO CUEKIT OR THESE TERMS.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF 42TEN MEDIA FOR ALL CLAIMS ARISING OUT OF OR RELATED TO CUEKIT OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT PAID TO 42TEN MEDIA FOR THE AFFECTED WORKSPACE DURING THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM OR (B) US$100. These limits apply regardless of the form of action and even if a remedy fails of its essential purpose. They do not limit liability that cannot legally be limited.

21. Indemnification

To the extent permitted by law, you agree to indemnify and hold harmless 42Ten Media LLC and its owners, employees, contractors, and affiliates from third-party claims, damages, liabilities, and reasonable expenses arising from your Customer Content, illegal use of CueKit, infringement of another person's rights, or material violation of these Terms. This obligation does not apply to the extent a claim results from 42Ten Media's negligence, willful misconduct, or violation of law.

22. Governing Law

These Terms are governed by the laws of the State of Ohio, without regard to conflict-of-law principles. To the extent permitted by applicable law, disputes arising from these Terms or CueKit will be brought in an appropriate state or federal court located in Ohio. Nothing in these Terms limits consumer rights that cannot legally be waived.

23. Changes to These Terms

We may update these Terms to reflect changes to CueKit, our business practices, or legal requirements. We will post the updated Terms and revise the Last Updated date. For material changes, we will provide reasonable notice through CueKit, by email, or through another appropriate method. Continued use after updated Terms take effect constitutes acceptance to the extent permitted by law.

24. General Terms

These Terms and our Privacy Policy are the entire agreement between you and 42Ten Media regarding CueKit unless a separate written agreement applies. If a provision is unenforceable, the remaining provisions remain effective. Failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them in connection with a merger, reorganization, or sale of relevant business or assets.

25. Contact

Legal notices and questions:

For general CueKit product or support questions, email hello@cuekit.live.