Terms of Service

Please read these Terms of Service ("Terms") carefully before accessing or using the CueBox platform, website, or any related services provided by CueBox, Inc. ("CueBox," "we," "us," or "our"). By creating an account, accessing the platform, or using any CueBox service, you agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use our services.

If you are accepting these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms. In that case, "you" refers to that entity.

1. Acceptance of Terms

These Terms constitute a legally binding agreement between you and CueBox, Inc., a Delaware corporation headquartered at 1150 S. Olive Street, Suite 1000, Los Angeles, CA 90015, United States. By accessing or using CueBox's platform (the "Service") or website at getcuebex.com (the "Site"), you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference.

CueBox reserves the right to modify these Terms at any time. We will notify you of material changes by posting updated Terms on our Site with a revised "Last Updated" date and, for registered users, by sending an email notification to the address associated with your account. Your continued use of the Service after the effective date of updated Terms constitutes your acceptance of the changes.

2. Description of Service

CueBox provides a software-as-a-service platform designed for media teams and content operations professionals. The Service includes tools for AI-assisted content curation, editorial workflow management, publishing automation, multi-platform content distribution, audience analytics, and content performance optimization. The specific features available to you depend on the subscription plan you have selected.

CueBox may modify, update, add, or remove features of the Service at any time. We will endeavor to provide advance notice of significant feature changes. CueBox does not guarantee that any particular feature will continue to be available indefinitely, except as expressly committed in a separate written agreement between CueBox and your organization.

3. Account Registration and Security

To access the CueBox Service, you must create an account by providing accurate and complete registration information, including a valid business email address and, for paid plans, valid payment information. You agree to keep your account information current and accurate.

You are responsible for maintaining the confidentiality of your account credentials, including your password, and for all activity that occurs under your account. You must notify CueBox immediately at security@getcuebex.com if you become aware of any unauthorized use of your account or any security breach affecting your account. CueBox will not be liable for any loss or damage arising from unauthorized use of your account prior to your notification to us.

You may not share your account credentials with third parties, create accounts for multiple individuals under a single-user license, or use automated means to create accounts. CueBox reserves the right to terminate accounts created in violation of these restrictions.

4. Subscription Plans and Payment

Subscription Plans. CueBox offers several subscription tiers with varying features and user limits, as described on our pricing page at getcuebex.com/price.html. You may change your plan at any time through your account settings, subject to the terms of your current billing period.

Fees and Billing. Subscription fees are charged in advance for each billing period (monthly or annual, as selected). All fees are non-refundable except as expressly stated in these Terms or as required by applicable law. For monthly subscriptions, your plan will automatically renew each month until cancelled. For annual subscriptions, your plan will automatically renew each year unless cancelled at least 30 days before the renewal date.

Price Changes. CueBox reserves the right to change subscription prices. We will provide at least 30 days' notice before a price change takes effect for existing subscribers. Your continued use of the Service after a price change takes effect constitutes your agreement to the new pricing.

Taxes. Subscription fees do not include applicable taxes. You are responsible for paying all taxes, levies, and duties imposed by taxing authorities in connection with your use of the Service, excluding taxes on CueBox's net income.

Refunds. CueBox does not provide refunds for subscription fees except where required by applicable law, or at our sole discretion in cases of documented technical failures that prevented you from accessing the Service for an extended period.

5. Acceptable Use Policy

You agree to use the CueBox Service only for lawful purposes and in accordance with these Terms. You must not use the Service to:

• Violate any applicable local, state, national, or international law or regulation
• Transmit or store content that infringes any patent, trademark, trade secret, copyright, or other intellectual property rights of any party
• Distribute malware, viruses, or any other malicious code designed to interfere with any computer, system, or network
• Attempt to gain unauthorized access to any portion of the Service, other accounts, or connected computer systems or networks
• Harvest or collect user data about other CueBox customers without their consent
• Use the Service to send unsolicited communications (spam) to third parties
• Engage in any conduct that could disable, overburden, or impair the proper functioning of the Service
• Reproduce, duplicate, copy, sell, or resell any portion of the Service without CueBox's express written permission
• Use the Service to store, process, or transmit content that is illegal, abusive, fraudulent, defamatory, obscene, or otherwise objectionable
• Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Service

CueBox reserves the right to investigate violations of this policy and to suspend or terminate accounts found to be in violation, with or without notice, at our sole discretion.

6. Customer Content and Data

Ownership. You retain all ownership rights in the content you upload, create, or manage using the CueBox Service ("Customer Content"). These Terms do not transfer any intellectual property rights from you to CueBox.

License to CueBox. By using the Service, you grant CueBox a limited, non-exclusive, worldwide, royalty-free license to host, store, process, and transmit Customer Content solely for the purpose of providing the Service to you. This license terminates when you delete the content or close your account, except where retention is required for legal compliance or technical reasons related to backup and archiving systems, where content may persist for a reasonable period following deletion.

Responsibility for Customer Content. You are solely responsible for the accuracy, legality, and quality of Customer Content. CueBox does not review Customer Content and makes no representations regarding its accuracy or compliance with any legal requirements. You represent and warrant that Customer Content does not violate any third-party intellectual property rights, privacy rights, or applicable law.

7. Intellectual Property

CueBox Intellectual Property. The CueBox Service, including its software, algorithms, user interfaces, design, documentation, and all associated intellectual property, is owned by CueBox, Inc. or its licensors and is protected by copyright, trademark, patent, trade secret, and other intellectual property laws. These Terms do not grant you any ownership rights in the Service or CueBox's intellectual property.

Trademarks. "CueBox" and the CueBox logo are trademarks of CueBox, Inc. You may not use these marks without CueBox's prior written consent, except as necessary to identify CueBox as the provider of services you are using in factually accurate descriptions.

Feedback. If you provide CueBox with suggestions, ideas, or feedback about the Service ("Feedback"), you grant CueBox a perpetual, irrevocable, worldwide, royalty-free license to use that Feedback in any way, without obligation to you. CueBox has no obligation to implement or act on any Feedback.

8. Confidentiality

Each party agrees to protect the other's confidential information with at least the same degree of care it uses to protect its own confidential information, but in no event less than reasonable care. "Confidential Information" includes non-public information that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and circumstances of disclosure.

CueBox's Confidential Information includes, but is not limited to, technical and product information about the Service, pricing information not publicly available, and business plans. Your Confidential Information includes Customer Content and non-public information about your business operations shared with CueBox for support or implementation purposes.

9. Disclaimer of Warranties

THE CUEBOX SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

CUEBOX DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, COMPLETELY SECURE, OR THAT ANY DEFECTS WILL BE CORRECTED. CUEBOX DOES NOT WARRANT THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION PROVIDED THROUGH THE SERVICE, INCLUDING AI-GENERATED RECOMMENDATIONS AND ANALYTICS.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. TO THE EXTENT SUCH WARRANTIES CANNOT BE EXCLUDED BY LAW, CUEBOX LIMITS SUCH WARRANTIES TO THE MINIMUM SCOPE PERMITTED BY APPLICABLE LAW.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CUEBOX SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR COST OF SUBSTITUTE SERVICES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF CUEBOX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CUEBOX'S TOTAL CUMULATIVE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL FEES PAID BY YOU TO CUEBOX IN THE TWELVE MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED US DOLLARS ($100).

THESE LIMITATIONS APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY; IN SUCH JURISDICTIONS, OUR LIABILITY IS LIMITED TO THE MINIMUM EXTENT PERMITTED BY APPLICABLE LAW.

11. Indemnification

You agree to defend, indemnify, and hold harmless CueBox, Inc. and its officers, directors, employees, agents, licensors, and service providers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms, your use of the Service, your Customer Content, or your violation of any third-party rights.

12. Term and Termination

Term. These Terms are effective from the date you first access the Service and continue until terminated by either party in accordance with these Terms.

Termination by You. You may terminate your subscription and close your account at any time through your account settings. Termination will take effect at the end of your current paid billing period, and no refund will be issued for the remainder of that period.

Termination by CueBox. CueBox may suspend or terminate your access to the Service at any time, with or without cause, upon written notice (including email). In cases of material breach of these Terms, suspension or termination may be immediate. If CueBox terminates your account without cause, we will provide a pro-rata refund for any prepaid subscription fees covering the terminated period.

Effect of Termination. Upon termination, your right to access and use the Service ceases immediately. You may export your Customer Content before account closure using the data export features in your account settings. Following account closure, CueBox will retain your data for 30 days to allow for account reactivation, after which it will be deleted in accordance with our data retention practices.

13. Governing Law and Dispute Resolution

These Terms and any disputes arising out of or relating to the Service or these Terms shall be governed by the laws of the State of California, United States, without regard to its conflict of law provisions. The United Nations Convention on Contracts for the International Sale of Goods shall not apply.

You and CueBox agree to resolve any disputes through binding individual arbitration, rather than in court, except that either party may assert claims in small claims court if eligible. The arbitration will be conducted by JAMS under its applicable rules in Los Angeles, California. Any arbitration shall be conducted on an individual basis; class arbitrations and class actions are not permitted.

Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent or enjoin infringement of intellectual property rights or breach of confidentiality obligations.

14. General Provisions

Entire Agreement. These Terms, together with our Privacy Policy and any applicable order forms or separate written agreements between you and CueBox, constitute the entire agreement between you and CueBox with respect to the Service.

Severability. If any provision of these Terms is found to be unenforceable or invalid under applicable law, that provision will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will continue in full force and effect.

Waiver. CueBox's failure to exercise any right or enforce any provision of these Terms shall not constitute a waiver of that right or provision.

Assignment. You may not assign your rights or obligations under these Terms without CueBox's prior written consent. CueBox may freely assign these Terms in connection with a merger, acquisition, corporate restructuring, or sale of substantially all of its assets.

Force Majeure. CueBox shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including but not limited to natural disasters, acts of war, terrorism, civil unrest, government actions, internet or telecommunications failures, or third-party service failures.

Contact. Questions about these Terms should be directed to: legal@getcuebex.com or by mail to CueBox, Inc., Legal Department, 1150 S. Olive Street, Suite 1000, Los Angeles, CA 90015, United States.