Terms of Service

Last updated: October, 2024
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Please note that CueCard is the officially registered DBA (“Doing Business As”) name of the legal entity Lander Inc. All official terms and policies apply to the CueCard brand and platform.

Welcome to CueCard, a product of Lander Inc. (“CueCard,” “we,” “us,” “our”), and thank you for using our products and services (“Services”). The following Terms and Conditions of Use (“Terms”) govern all use of the Services, so please read carefully.

ACCEPTANCE

The Services are offered subject to your acceptance of these Terms, our Privacy Policy, and any additional terms and policies (including operating rules, guidelines, and procedures) that may apply depending on your particular use of the Services.
By using the Services or by clicking on an acceptance box for these Terms, you are agreeing to be bound by these Terms, our Privacy Policy, and all other applicable terms and policies. If you do not agree with these Terms and policies, do not use or access the Services or click on the acceptance box.
If you are using the Services on behalf of a company or other entity, you agree to these Terms on behalf of that entity and represent that you have the authority to do so. In such cases, “you” and “your” will refer to that entity. Additionally, since the Services are available only to individuals who are at least 18 years old, you represent and warrant that you are at least 18 years old and take full responsibility for the selection and use of the Services. These Terms are void where prohibited by law, and the right to access the Services is revoked in such jurisdictions.

REGISTRATION

In order to use certain features of the Services, you may be required to register for a Services account. You warrant that any registration information (such as name, contact information, or other information) you submit to CueCard is accurate, complete, and not misleading, and you agree to keep such information up to date. Failure to do so constitutes a breach of these Terms and may result in immediate termination of your account.

To the extent you are able to select a “user name,” you may not:

We reserve the right, in our sole discretion, to cancel or refuse registration of any user name that violates these Terms, our policies, or the law. You are responsible for maintaining the confidentiality of your password and other account information. CueCard is not liable for any loss or damage arising from your failure to comply with this Section 2.

YOUR CONTENT

As between you and CueCard, you retain ownership of the intellectual property rights to the content you submit to us or the Services (“Your Content”), except for the limited rights that enable us to perform the Services. To perform the Services, you grant us a non-exclusive, worldwide, royalty-free, transferable, and irrevocable license to use, reproduce, and display Your Content as reasonably necessary to provide you with the Services.
You are responsible for maintaining, protecting, and making backups of Your Content. To the maximum extent permitted by applicable law, we will not be liable for the loss or corruption of Your Content. Your Content will be deleted upon request by you.

OUR CONTENT

Using the Services does not give you ownership of any intellectual property rights in the Services. You agree that all CueCard content and materials delivered via the Services (collectively, “Our Content”) are protected by copyrights, trademarks, patents, or other proprietary rights and laws. Except as expressly authorized by CueCard, you agree not to sell, license, modify, distribute, copy, or reproduce Our Content. You may print or download copies for personal informational purposes, retaining all copyright notices. Reproducing or distributing Our Content for any other purpose is strictly prohibited.

USE OF THE SERVICES

You represent and warrant that your use of the Services will comply with all applicable laws and regulations. You agree not to infringe third-party intellectual property rights or engage in any unlawful activities in connection with Your Content or use of the Services. CueCard reserves the right to remove or prevent access to content that violates these Terms.

ACCOUNTS AND FEES

CueCard offers various subscription levels, including a free trial. If you upgrade to a paid license, you agree to pay the applicable fees as outlined on our pricing page at CueCard Pricing. Fees are billed in advance (monthly or annually) and are non-refundable. Subscription upgrades will automatically adjust your billing at the next subscription period, and you are responsible for any applicable taxes. You may cancel your subscription by providing written notice at least 10 days before the renewal date.

CHANGES TO THE TERMS

We may amend these Terms from time to time by posting an updated version on our website or within the Services. Continued use of the Services after any updates will constitute your acceptance of the revised Terms. If you do not agree to the amendments, you must stop using the Services.

CHANGES TO SERVICES

CueCard reserves the right to modify or discontinue any part of the Services at any time without notice. While we strive to provide consistent service, you acknowledge that we may need to alter or remove functionalities from time to time. CueCard is not liable for any changes to the Services.

ANTI-SPAM AND EMAIL POLICY

CueCard strictly prohibits SPAM and the sending of unsolicited email. If you are found to be engaging in such practices, your account will be terminated. You are responsible for ensuring that all recipients of your emails have voluntarily subscribed. Failure to adhere to this policy may result in account termination.

OTHER RESTRICTIONS

You agree not to use any automated systems or software (such as “robots” or “spiders”) to access the Services or bypass any measures we employ to enforce restrictions. Additionally, you may not engage in activities that disrupt the integrity or performance of the Services.

SERVICE LEVELS

CueCard will use commercially reasonable efforts to maintain an uptime of 99.5%. Service levels are subject to exclusions such as force majeure events or scheduled maintenance.

THIRD-PARTY SITES

CueCard may include links to third-party websites. We are not responsible for the content or practices of these sites.

INDEMNIFICATION

You agree to defend, indemnify, and hold CueCard harmless from any claims or liabilities arising from your use of the Services or Your Content.

LIMITATION OF LIABILITY

CueCard is not liable for any indirect, incidental, or consequential damages arising from your use of the Services. Our liability is limited to $500 in direct damages.

TERMINATION BY YOU

You may terminate your account by providing 30 days’ written notice to support@cuecard.ai if we fail to deliver Services or breach these terms.

TERMINATION BY US

CueCard may terminate your account for violation of these Terms, failure to pay fees, or as required by law.

ELECTRONIC COMMUNICATIONS AND NOTICES

By using CueCard, you consent to receive electronic communications from us, including marketing emails, product updates, and legal notices.

DISPUTES

These Terms are governed by the laws of the State of Oregon, and disputes shall be resolved through binding arbitration in Portland, Oregon.

MISCELLANEOUS

These Terms constitute the entire agreement between you and CueCard. They supersede any prior agreements and may only be modified in writing signed by both parties.