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Terms of Service

Introduction

Welcome to CueCatch! These Terms of Service ("ToS") govern your access to and use of the CueCatch website ("Site") and our survey creation, collaboration, and data-reporting services ("Services"). Please read these ToS carefully. By accessing or using CueCatch, you agree to be bound by these ToS.

Account Creation

  • Eligibility: Our Services are intended for individuals who are at least 16 years old. By creating an account, you affirm that you meet this age requirement.
  • Information Accuracy: You agree to provide accurate, complete, and current information during the registration process and to update such information to keep it accurate, complete, and current.
  • Account Security: You are responsible for maintaining the confidentiality of your account credentials. You must notify us immediately of any unauthorized use of your account.

CueCatch's Role

  • Service Provider: We provide tools for survey creation, data collection, and reporting. However, we are not responsible for the content of your surveys or the data you collect.

Your Responsibilities

  • Legal Compliance: You are solely responsible for ensuring that your surveys and data handling practices comply with all applicable laws and regulations. This includes obtaining necessary consents and informing survey respondents about how their data will be used.
  • Survey Content: You agree not to use CueCatch to create surveys that are unlawful, defamatory, discriminatory, harmful, or infringe on anyone's intellectual property rights.
  • Respectful Community: You agree not to use our Services to distribute spam, malware, or engage in any abusive or disruptive behavior.
  • Webhook Security: If you use webhooks, you are responsible for the security and privacy practices of the destination endpoints. CueCatch is not liable for any data breaches related to those third-party services.
  • Self-Hosting Responsibilities: If you choose the self-hosting option, you assume full responsibility for the following:
    • Data Hosting & Security: You are responsible for implementing and maintaining secure hosting infrastructure to protect sensitive survey data.
    • Delivery & Collection: You will ensure the reliability and accessibility of your self-hosted surveys, including any required load balancing or scaling.
    • Compliance: It is your sole responsibility to ensure compliance with all relevant data privacy regulations when self-hosting. This includes GDPR, CCPA, and any industry-specific regulations.

Fees and Subscriptions

  • Services Availability: We offer various Service plans, including a free tier. Details about subscription plans, functionalities, add-ons, and pricing are available on our Site.
  • 30-Day Money Back Guarantee: If you are not completely satisfied with our paid Services within the first 30 days of your initial subscription, you may contact our support team (support@cuecatch.com) to request a full refund. No questions will be asked. However, this guarantee only applies to your first subscription period and cannot be invoked for renewals.
  • Automatic Renewal: Paid subscriptions automatically renew unless you cancel them in your account settings before the renewal date. Please consider the automatic renewal when requesting refunds or changing your plan.
  • Refunds: To ensure fairness, refunds outside the 30-Day Money Back Guarantee will be evaluated on a case-by-case basis. We do not normally offer refunds for partial subscription periods.

Fair Use Policy

Plans described as "unlimited" are subject to a fair use policy. These plans are designed for normal, legitimate survey usage and are not intended for automated, programmatic, or unusually high-volume activity that places excessive load on our infrastructure.

We reserve the right to contact you if your usage significantly exceeds the average usage of other customers on the same plan. In such cases, we may work with you to find a suitable solution. If abusive or excessive usage continues after notice, we reserve the right to throttle, suspend, or terminate access to the affected Services.

Intellectual Property

  • CueCatch Materials: All rights, title, and interest in and to the Site, Services, and any associated materials, including any registered or unregistered trademarks of CueCatch, are owned by CueCatch and its licensors. You may not use or reproduce these without our explicit written permission.
  • Your Content: You retain ownership of the surveys you create. By using CueCatch, you grant us a limited, non-exclusive license to operate and display your surveys as necessary to provide the Services to you.

Termination

  • By Us: We reserve the right to suspend or terminate your account if you violate these ToS, engage in illegal activity, or pose a risk to the security or integrity of our platform.
  • By You: You can delete your account at any time. Procedures for data deletion can be found in our Privacy Policy.

Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DO NOT GUARANTEE THAT THE SERVICES WILL BE ERROR-FREE, UNINTERRUPTED, OR COMPATIBLE WITH ALL DEVICES AND SOFTWARE.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, CUECATCH WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, ARISING OUT OF YOUR USE OF THE SITE OR SERVICES.

Indemnification

You agree to defend, indemnify, and hold harmless CueCatch, its officers, directors, employees, and agents, from and against any claims, liabilities, damages, losses, and expenses, arising out of your violation of these ToS, applicable laws, or third-party rights.

Changes to These Terms

We may update these ToS from time to time. We will notify you of any significant changes through email or in-app messages. Your continued use of CueCatch after such updates constitutes your acceptance of the revised terms.