Terms and Conditions

Agreement to Our Legal Terms

We are DigitalCue LLC (“Company,” “we,” “us,” “our”), a company registered in Florida, United States at 3236 Forum Blvd., #1053, Fort Myers, FL 33905.

We operate the website https://digitalcue.io (the “Site”), as well as any other related products and services that refer or link to these legal terms (the “Legal Terms”) (collectively, the “Services”).

You can contact us by phone at (+1) 561-872-2600, email at support@digitalcue.io, or by mail to 3236 Forum Blvd., #1053, Fort Myers, FL 33905, United States.

These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”), and DigitalCue LLC, concerning your access to and use of the Services. You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Legal Terms. If you do not agree with all of these Legal Terms, then you are expressly prohibited from using the Services and you must discontinue use immediately.

We will provide you with prior notice of any scheduled changes to the Services you are using. The modified Legal Terms will become effective upon posting or notifying you by support@digitalcue.io, as stated in the email message. By continuing to use the Services after the effective date of any changes, you agree to be bound by the modified terms.

The Services are intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Services.

We recommend that you print a copy of these Legal Terms for your records.

1. Our Services

The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

The Services are not tailored to comply with industry-specific regulations, including Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), and similar regulations. If your interactions would be subjected to such laws, you may not use the Services. You may not use the Services in a way that would violate the Gramm-Leach-Bliley Act (GLBA).

2. Intellectual Property Rights

Our intellectual property

We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (collectively, the “Content”), as well as the trademarks, service marks, and logos contained therein (the “Marks”).

Our Content and Marks are protected by copyright and trademark laws and treaties in the United States and around the world.

The Content and Marks are provided in or through the Services “AS IS” for your internal business purpose only.

Your use of our Services

Subject to your compliance with these Legal Terms, including the “Prohibited Activities” section below, we grant you a non-exclusive, non-transferable, revocable license to:

• access the Services; and
• download or print a copy of any portion of the Content to which you have properly gained access, solely for your internal business purpose.

Except as set out in this section or elsewhere in our Legal Terms, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

If you wish to make any use of the Services, Content, or Marks other than as set out in this section or elsewhere in our Legal Terms, please address your request to: support@digitalcue.io. If we ever grant you permission to post, reproduce, or publicly display any part of our Services or Content, you must identify us as the owners or licensors of the Services, Content, or Marks and ensure that any copyright or proprietary notice appears or is visible on posting, reproducing, or displaying our Content.

We reserve all rights not expressly granted to you in and to the Services, Content, and Marks. Any breach of these Intellectual Property Rights will constitute a material breach of our Legal Terms and your right to use our Services will terminate immediately.

Your submissions and contributions

Please review this section and the “Prohibited Activities” section carefully prior to using our Services to understand the rights you give us and the obligations you have when you post or upload any content through the Services.

Submissions: By directly sending us any question, comment, suggestion, idea, feedback, or other information about the Services (“Submissions”), you agree to assign to us all intellectual property rights in such Submission. You agree that we shall own this Submission and be entitled to its unrestricted use and dissemination for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.

Contributions: The Services may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality during which you may create, submit, post, display, transmit, publish, distribute, or broadcast content and materials to us or through the Services, including but not limited to text, writings, video, audio, photographs, music, graphics, comments, reviews, rating suggestions, personal information, or other material (“Contributions”). Any Submission that is publicly posted shall also be treated as a Contribution.

You understand that Contributions may be viewable by other users of the Services and possibly through third-party websites.

When you post Contributions, you grant us a license, including use of your name, trademarks, and logos: By posting any Contributions, you grant us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully paid, worldwide right and license to use, copy, reproduce, distribute, sell, resell, publish, broadcast, retitle, store, publicly perform, publicly display, reformat, translate, excerpt, and exploit your Contributions for any purpose, commercial, advertising, or otherwise, to prepare derivative works of, or incorporate into other works, your Contributions, and to sublicense the licenses granted in this section.

This license includes our use of your name, company name, franchise name, and any trademarks, service marks, trade names, logos, and personal and commercial images you provide.

You are responsible for what you post or upload. By sending us Submissions and/or posting Contributions through any part of the Services, you confirm that your Submissions and/or Contributions are lawful, non-confidential, and do not infringe third-party rights. You are solely responsible for your Submissions and/or Contributions and agree to reimburse us for losses we may suffer because of your breach of these Legal Terms, any third party’s intellectual property rights, or applicable law.

We may remove or edit your Content: Although we have no obligation to monitor Contributions, we may remove or edit any Contributions at any time without notice if we reasonably consider them harmful or in breach of these Legal Terms. If we remove or edit such Contributions, we may also suspend or disable your account and report you to the authorities.

Copyright infringement

We respect the intellectual property rights of others. If you believe that any material available on or through the Services infringes upon any copyright you own or control, please refer to the “Digital Millennium Copyright Act (DMCA) Notice and Policy” section below.

3. User Representations

By using the Services, you represent and warrant that: (1) you have the legal capacity and you agree to comply with these Legal Terms; (2) you are not a minor in the jurisdiction in which you reside; (3) you will not access the Services through automated or non-human means, whether through a bot, script, or otherwise; (4) you will not use the Services for any illegal or unauthorized purpose; and (5) your use of the Services will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services, or any portion thereof.

4. Purchases and Payment

We accept the following forms of payment:

• Visa
• Mastercard
• American Express
• Discover
• Check

You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Services. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time. All payments shall be in US dollars.

You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees, and you authorize us to charge your chosen payment provider for any such amounts upon placing your order. If your order is subject to recurring charges, then you consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge until such time as you cancel the applicable order. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.

We reserve the right to refuse any order placed through the Services. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

5. Refund Policy

All sales are final and no refund will be issued.

6. Prohibited Activities

You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

As a user of the Services, you agree not to:

• Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
• Trick, defraud, or mislead us and other users.
• Circumvent, disable, or otherwise interfere with security-related features of the Services.
• Disparage, tarnish, or otherwise harm us and/or the Services.
• Use any information obtained from the Services to harass, abuse, or harm another person.
• Make improper use of our support services or submit false reports of abuse or misconduct.
• Use the Services in a manner inconsistent with any applicable laws or regulations.
• Engage in unauthorized framing of or linking to the Services.
• Upload or transmit viruses, Trojan horses, spam, or other material that interferes with any party’s use and enjoyment of the Services.
• Engage in automated use of the system, including scripts, data mining, robots, or similar data gathering tools.
• Delete copyright or other proprietary rights notices from any Content.
• Attempt to impersonate another user or person.
• Upload or transmit spyware, passive collection mechanisms, web bugs, cookies, or similar devices.
• Interfere with, disrupt, or create an undue burden on the Services or related networks.
• Harass, annoy, intimidate, or threaten any of our employees or agents.
• Attempt to bypass measures designed to prevent or restrict access to the Services.
• Copy or adapt the Services’ software or code.
• Decipher, decompile, disassemble, or reverse engineer any software comprising part of the Services, except as permitted by applicable law.
• Use, launch, develop, or distribute any automated system that accesses the Services, except as may result from standard search engine or browser usage.
• Use a buying agent or purchasing agent to make purchases on the Services.
• Make any unauthorized use of the Services, including collecting usernames or email addresses for unsolicited email.
• Use the Services as part of an effort to compete with us or for any revenue-generating endeavor or commercial enterprise not approved by us.
• Use the Services to advertise or offer to sell goods and services.
• Sell or otherwise transfer your profile.

7. User Generated Contributions

The Services may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Services, including text, writings, video, audio, photographs, graphics, comments, suggestions, personal information, or other material (“Contributions”). Contributions may be viewable by other users of the Services and through third-party websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary.

When you create or make available any Contributions, you represent and warrant that:

• Your Contributions do not infringe the proprietary rights of any third party.
• You own or have the necessary licenses, rights, consents, releases, and permissions to use and authorize us to use your Contributions.
• You have the written consent, release, and/or permission of each identifiable individual person in your Contributions.
• Your Contributions are not false, inaccurate, or misleading.
• Your Contributions are not unsolicited or unauthorized advertising, promotional materials, spam, or other forms of solicitation.
• Your Contributions are not obscene, violent, harassing, libelous, slanderous, or otherwise objectionable.
• Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
• Your Contributions are not used to harass or threaten any other person or promote violence.
• Your Contributions do not violate any applicable law, regulation, or rule.
• Your Contributions do not violate the privacy or publicity rights of any third party.
• Your Contributions do not violate any applicable law concerning child pornography or the protection of minors.
• Your Contributions do not include offensive comments connected to race, national origin, gender, sexual preference, or physical handicap.
• Your Contributions do not otherwise violate, or link to material that violates, any provision of these Legal Terms or any applicable law or regulation.

Any use of the Services in violation of the foregoing violates these Legal Terms and may result in termination or suspension of your rights to use the Services.

8. Contribution License

By posting your Contributions to any part of the Services, you automatically grant, and represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully paid, worldwide right and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt, and distribute such Contributions for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorize sublicenses of the foregoing.

This license will apply to any form, media, or technology now known or later developed, and includes our use of your name, company name, franchise name, and any trademarks, service marks, trade names, logos, and personal or commercial images you provide. You waive all moral rights in your Contributions and warrant that moral rights have not otherwise been asserted in your Contributions.

We do not assert ownership over your Contributions. You retain full ownership of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area of the Services. You are solely responsible for your Contributions to the Services.

We have the right, in our sole and absolute discretion, to edit, redact, re-categorize, pre-screen, or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.

9. Third-Party Websites and Content

The Services may contain, or you may be sent via the Site, links to other websites (“Third-Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (“Third-Party Content”). Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us. We are not responsible for Third-Party Websites accessed through the Services or any Third-Party Content posted on, available through, or installed from the Services.

Inclusion of, linking to, or permitting the use or installation of Third-Party Websites or Third-Party Content does not imply approval or endorsement by us. If you leave the Services and access Third-Party Websites or use Third-Party Content, you do so at your own risk, and these Legal Terms no longer govern. Any purchases you make through Third-Party Websites are exclusively between you and the applicable third party.

10. Advertisers

We allow advertisers to display advertisements and other information in certain areas of the Services, such as sidebar advertisements or banner advertisements. We simply provide the space to place such advertisements and have no other relationship with advertisers.

11. Services Management

We reserve the right, but not the obligation, to: (1) monitor the Services for violations of these Legal Terms; (2) take appropriate legal action against anyone who violates the law or these Legal Terms; (3) refuse, restrict access to, limit the availability of, or disable any of your Contributions or any portion thereof; (4) remove from the Services or otherwise disable files and content that are excessive in size or burdensome to our systems; and (5) otherwise manage the Services in a manner designed to protect our rights and property and facilitate proper functioning of the Services.

12. Privacy Policy

We care about data privacy and security. Please review our Privacy Policy: https://digitalcue.io/privacy-policy/. By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Legal Terms.

Please be advised the Services are hosted in the United States. If you access the Services from any other region of the world with laws or requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Services, you are transferring your data to the United States and expressly consent to have your data transferred to and processed in the United States.

13. Digital Millennium Copyright Act (DMCA) Notice and Policy

Notifications

We respect the intellectual property rights of others. If you believe that any material available on or through the Services infringes upon any copyright you own or control, please immediately notify our Designated Copyright Agent using the contact information provided below. A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification.

All Notifications should meet the requirements of DMCA 17 U.S.C. § 512(c)(3) and include: (1) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right allegedly infringed; (2) identification of the copyrighted work claimed to have been infringed; (3) identification of the material claimed to be infringing and information sufficient to permit us to locate the material; (4) information sufficient to permit us to contact the complaining party; (5) a statement that the complaining party has a good faith belief that use of the material is not authorized; and (6) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner.

Counter Notification

If you believe your copyrighted material has been removed from the Services as a result of a mistake or misidentification, you may submit a written counter notification to us using the contact information below. To be effective under the DMCA, your Counter Notification must include substantially the information required by applicable law.

If you send us a valid written Counter Notification, we will restore your removed or disabled material unless we first receive notice from the party filing the Notification informing us that such party has filed a court action to restrain you from engaging in infringing activity related to the material in question.

14. Term and Termination

These Legal Terms shall remain in full force and effect while you use the Services. Without limiting any other provision of these Legal Terms, we reserve the right, in our sole discretion and without notice or liability, to deny access to and use of the Services to any person for any reason or for no reason, including for breach of these Legal Terms or any applicable law or regulation. We may terminate your use or participation in the Services or delete any content or information that you posted at any time, without warning, in our sole discretion.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. We also reserve the right to take appropriate legal action.

15. Modifications and Interruptions

We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. We also reserve the right to modify or discontinue all or part of the Services without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.

We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance, resulting in interruptions, delays, or errors. You agree that we have no liability for any loss, damage, or inconvenience caused by your inability to access or use the Services during downtime or discontinuance.

16. Governing Law

These Legal Terms and your use of the Services are governed by and construed in accordance with the laws of the State of Florida applicable to agreements made and to be entirely performed within the State of Florida, without regard to its conflict of law principles.

17. Dispute Resolution

Informal Negotiations

To expedite resolution and control the cost of any dispute, controversy, or claim related to these Legal Terms, each a “Dispute,” the Parties agree to first attempt to negotiate any Dispute informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.

Binding Arbitration

If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute will be finally and exclusively resolved by binding arbitration. You understand that without this provision, you would have the right to sue in court and have a jury trial. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes.

The arbitration may be conducted in person, through the submission of documents, by phone, or online. Except where otherwise required by applicable AAA rules or applicable law, the arbitration will take place in Palm Beach County, Florida.

If for any reason a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in Palm Beach County, Florida, and the Parties consent to jurisdiction and venue in such courts.

In no event shall any Dispute related in any way to the Services be commenced more than one (1) year after the cause of action arose.

Restrictions

The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, no arbitration shall be joined with any other proceeding, there is no right or authority for any Dispute to be arbitrated on a class-action basis, and there is no right or authority for any Dispute to be brought in a representative capacity on behalf of the general public or any other persons.

Exceptions to Informal Negotiations and Arbitration

The Parties agree that certain Disputes are not subject to the above provisions, including Disputes seeking to enforce or protect intellectual property rights, Disputes related to theft, piracy, invasion of privacy, or unauthorized use, and claims for injunctive relief.

18. Corrections

There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information on the Services at any time, without prior notice.

19. Disclaimer

The Services are provided on an as-is and as-available basis. You agree that your use of the Services will be at your sole risk. To the fullest extent permitted by law, we disclaim all warranties, express or implied, in connection with the Services and your use thereof, including the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

We make no warranties or representations about the accuracy or completeness of the Services’ content or the content of any websites or mobile applications linked to the Services. We will assume no liability or responsibility for errors, mistakes, inaccuracies, personal injury or property damage, unauthorized access to or use of our servers or information, interruption or cessation of transmission, bugs, viruses, or any loss or damage incurred as a result of the use of any content posted, transmitted, or otherwise made available via the Services.

20. Limitations of Liability

In no event will we or our directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of the Services, even if we have been advised of the possibility of such damages.

Notwithstanding anything to the contrary contained herein, our liability to you for any cause whatsoever and regardless of the form of action will at all times be limited to the amount paid, if any, by you to us during the six (6) month period prior to any cause of action arising. Certain laws do not allow limitations on implied warranties or exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers or limitations may not apply, and you may have additional rights.

21. Indemnification

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: your Contributions; use of the Services; breach of these Legal Terms; any breach of your representations and warranties; your violation of third-party rights; or any harmful act toward another user of the Services.

We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of such claims.

22. User Data

We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services. Although we perform routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you undertake using the Services. You agree that we shall have no liability for any loss or corruption of such data.

23. Electronic Communications, Transactions, and Signatures

Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications and agree that all agreements, notices, disclosures, and other communications we provide electronically satisfy any legal requirement that such communication be in writing.

You agree to the use of electronic signatures, contracts, orders, records, and electronic delivery of notices, policies, and records of transactions initiated or completed by us or via the Services.

24. California Users and Residents

If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.

25. Miscellaneous

These Legal Terms and any policies or operating rules posted by us on the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision.

These Legal Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control.

If any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision or part is deemed severable and does not affect the validity and enforceability of any remaining provisions.

There is no joint venture, partnership, employment, or agency relationship created between you and us as a result of these Legal Terms or use of the Services. You agree these Legal Terms will not be construed against us by virtue of having drafted them.

26. Contact Us

In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at: