Terms & Conditions Agreement

1. Introduction and Acceptance

Welcome to Cued It, a movie discovery, watchlist management, review, and social viewing platform.

These Terms and Conditions (the "Terms") constitute a legally binding agreement between you and CUED IT PTY LTD (ABN: 89693960851), a company incorporated in Queensland, Australia ("we," "us," "our," or "Cued It"), governing your access to and use of:

• The Cued It mobile applications for iOS and Android
• The Cued It web platform
• All related services, features, and functionalities

For App Store Connect Guideline 4.1, our app displays third-party movie metadata via licensed data providers.

We have attached documentary evidence of our provider rights/terms and subscription status in App Review Information. Here: https://raw.githubusercontent.com/movieofthenight/streaming-availability-api/main/TERMS.md

Cued It Pty Ltd gives attribution to The API Provider, by stating that the streaming availability information and movie information metadata is provided by Streaming Availability API by Movie of the Night; here is a link to the website: https://www.movieofthenight.com/about/api.

We do not claim affiliation with studios or streaming services.

(Collectively referred to as the "Services").

By creating an account, accessing, or using our Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you must not access or use our Services.

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Cued It regarding your use of the Services and supersede any prior agreements or understandings.

2. Eligibility and Mature Content Warning

2.1 Age Requirement

The Services are intended for users who are 15 years of age or older. By using the Services, you represent and warrant that you are at least 15 years old.

If you are under 18 years of age, you should use the Services only with the involvement, supervision, and approval of a parent or legal guardian.

We do not knowingly collect information from users under 15 years of age. If we learn that we have collected personal information from a user under 15, we will delete that account and associated information promptly.

2.2 Mature Content Warning and Acknowledgment

IMPORTANT: The Services feature movies with various content classifications, including mature content.

By using Cued It, you expressly acknowledge, understand, and agree that:

1. Mature Content Availability: The Services provide access to information about, and recommendations for, movies with mature content ratings including:
   • M (Mature) - Recommended for mature audiences 15+
   • MA 15+ (Mature Accompanied) - Not suitable for people under 15
   • R 18+ (Restricted) - Restricted to adults 18 years and older
   • Equivalent international ratings (e.g., R, NC-17, 18, etc.)
2. Content May Include: Mature movies may contain violence, sexual content, strong language, drug use, disturbing themes, and other content that may be inappropriate or offensive.
3. User Responsibility: You assume all risk and responsibility for:
   • Your exposure to mature content through the Services
   • Any emotional, psychological, mental, or other reactions to movie content
   • Determining whether specific content is appropriate for you or those in your care
   • Verifying content ratings before viewing any movie
4. No Liability: Cued It is NOT responsible or liable for:
   • Your reaction to any movie content, whether positive or negative
   • Any distress, offense, or harm caused by exposure to mature content
   • The accuracy or appropriateness of content ratings provided by third parties
   • Decisions you make about which movies to watch
5. Parental Responsibility: If you are a parent or guardian of a user under 18, you are responsible for:
   • Supervising their use of the Services
   • Determining what content is appropriate for them
   • Monitoring their watchlist, reviews, and interactions
   • Any consequences of their exposure to mature content
6. Independent Verification: We provide content classification information as a courtesy based on third-party data. You should independently verify content ratings and descriptions before viewing any movie.

BY USING THE SERVICES, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND ACCEPTED THIS MATURE CONTENT WARNING AND AGREE TO ASSUME ALL RISKS ASSOCIATED WITH EXPOSURE TO SUCH CONTENT.

2.3 Additional Eligibility Requirements

You may not use the Services if:

• You are under 15 years of age
• You have been previously banned or had your account terminated by Cued It for violations of these Terms
• You are legally prohibited from using the Services under applicable law
• You are a convicted sex offender (where such restriction is permitted by law)

3. Account Registration and Security

3.1 Account Creation

To access features of the Services, you must create an account. When creating an account, you agree to:

1. Provide Accurate Information: Provide true, accurate, current, and complete information, including:
   • A valid email address
   • A unique username (3-20 characters, alphanumeric with underscores)
   • A secure password (minimum 8 characters recommended, with numbers and special characters "@", "!", "#", etc)
2. One Account Per Person: Create only one account for your personal use. You may not create multiple accounts or create accounts on behalf of others without permission.
3. Username Requirements: Choose a username that:
   • Does not impersonate another person or entity
   • Does not violate any trademark or intellectual property rights
   • Is not offensive, vulgar, or inappropriate
   • Complies with our Acceptable Use Policy
4. Optional Information: You may optionally provide:
   • An avatar/profile picture
   • Additional profile information

3.2 Authentication Methods

We support the following authentication methods:

• Email and Password: Traditional account creation with email verification
• Apple Sign-In (for iOS users): Authentication through your Apple ID, subject to Apple's terms and privacy policies
• Google Sign-In: Authentication through your Google Account, subject to Google's terms and privacy policies

3.3 Account Security

You are responsible for maintaining the security of your account and password. You agree to:

1. Keep Credentials Confidential: Not share your password or account access with anyone
2. Strong Password: Use a strong, unique password that you don't use for other services
3. Secure Access: Not allow others to access your account or use your login credentials
4. Notify Us Promptly: Immediately notify us at founder@cuedit.app if you suspect unauthorised access to your account or any security breach

You are solely responsible for all activities that occur under your account, whether or not authorised by you. We are not liable for any loss or damage arising from unauthorised use of your account due to your failure to maintain account security.

3.4 Account Verification

We require you to verify your email address before accessing features. We will send verification emails or security alerts to the email address associated with your account.

4. Acceptable Use Policy

4.1 General Conduct

You agree to use the Services only for lawful purposes and in accordance with these Terms. You agree NOT to:

1. Violate Laws: Use the Services in any manner that violates applicable local, state, national, or international law or regulation
2. Infringe Rights: Infringe upon the intellectual property rights, privacy rights, or other rights of Cued It or any third party
3. Harm Others: Harass, abuse, threaten, defame, or otherwise harm other users or any person
4. Impersonate: Impersonate any person or entity, or falsely state or misrepresent your affiliation with any person or entity
5. Interfere with Services: Interfere with, disrupt, or create an undue burden on the Services or networks connected to the Services

4.2 Prohibited Activities

You specifically agree NOT to:

1. Spam or Manipulation:
   • Post spam, fake reviews, or manipulated ratings
   • Engage in any form of review manipulation or vote manipulation
   • Create fake accounts or use bots to interact with the Services
   • Abuse the review reaction system (likes/dislikes)
2. Automated Access:
   • Use any robot, spider, scraper, or other automated means to access the Services without our express written permission
   • Attempt to collect user information or content through automated means
   • Circumvent any measures we use to prevent or restrict access to the Services
3. System Interference:
   • Upload or transmit viruses, malware, or any other malicious code
   • Attempt to gain unauthorised access to any portion of the Services, other accounts, or computer systems or networks
   • Probe, scan, or test the vulnerability of the Services or breach security or authentication measures
   • Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Services
4. Watch Party Abuse:
   • Exceed watch party participant limits through technical means
   • Create excessive numbers of watch parties for spam or abuse purposes
   • Use watch parties to harass or spam other users
5. Content Violations:
   • Post content that violates our content guidelines (see Section 5)
   • Share content you do not have the right to share
   • Post reviews that are defamatory, obscene, threatening, or otherwise unlawful
6. Commercial Misuse:
   • Use the Services for unauthorised commercial purposes without our written permission
   • Sell, transfer, or sublicense your account to any other party
   • Attempt to sell or monetize access to the Services or user data

4.3 Consequences of Violations

If you violate this Acceptable Use Policy, we may:

• Issue a warning
• Remove or restrict access to content
• Temporarily suspend your account
• Permanently terminate your account
• Report illegal activities to law enforcement
• Take legal action to enforce these Terms

We reserve the right to investigate suspected violations and cooperate with law enforcement authorities.

5. User-Generated Content

5.1 Types of User-Generated Content

You may create and share the following types of content on the Services:

• Movie Reviews: Text reviews of movies (50-500 characters) with star ratings (1-5 stars)
• Review Reactions: Likes or dislikes on other users' reviews
• Watchlists: Personal collections of movies you want to watch
• Profile Information: Avatar, and other profile content

5.2 Content Ownership

You retain ownership of all intellectual property rights in the content you create and post on the Services.

Nothing in these Terms transfers ownership of your content to Cued It. You remain free to share your content with others outside of the Services.

5.3 License Grant to Cued It

By posting, uploading, or submitting content to the Services, you grant Cued It a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to:

• Host, store, and display your content
• Distribute and make your content available to other users (consistent with your privacy settings and these Terms)
• Modify, adapt, and create derivative works from your content for the purposes of operating, providing, and improving the Services
• Use your content for promotional purposes, including displaying reviews in marketing materials (with attribution to your username)

This license continues for as long as your content is stored on our Services and ends when you delete your content or your account, except:

• Where your content has been shared by others and they have not deleted it
• Where we are required to retain it for legal, safety, or security purposes
• Where technical limitations prevent immediate deletion (in which case deletion will occur as soon as technically feasible)

5.4 Public Content and Visibility

Important: Reviews and certain other content you post are PUBLIC and visible to all users of the Services.

When you post a review, the following information is publicly visible:

• Your username
• Your avatar (if set)
• The review text and star rating
• The date you posted the review
• Reactions (likes/dislikes) from other users

Other users can:

• View, search, and read your reviews
• React to your reviews (like/dislike)
• View your public profile, including your review history
• See your watchlist when participating in watch parties with you

You should not post anything you wish to keep private. Be mindful of what information you share in reviews, as it will be publicly accessible.

5.5 Content Guidelines

All content you post must comply with the following guidelines:

1. Authenticity: Reviews must be genuine and based on your actual opinions or experiences
2. No Spam: Do not post repetitive, irrelevant, or promotional content
3. Respectful: Do not post content that is harassing, threatening, defamatory, or hateful
4. Legal: Do not post content that is illegal, fraudulent, or violates others' rights
5. Appropriate: Do not post content that is sexually explicit, excessively violent, or otherwise inappropriate
6. Original: Do not copy reviews from other sources or plagiarize others' work
7. Relevant: Reviews must be about the movie in question
8. Length Limits: Reviews must be between 50-500 characters

5.6 Content Moderation

We reserve the right, but have no obligation, to:

• Monitor, review, and moderate user-generated content
• Remove or refuse to display content that violates these Terms or our content guidelines
• Suspend or terminate accounts that repeatedly violate content guidelines
• Report illegal content to appropriate authorities

We are not responsible for the content posted by users. We do not endorse, support, represent, or guarantee the accuracy, completeness, or reliability of any user-generated content.

5.7 Copyright and Intellectual Property

You represent and warrant that:

• You own or have the necessary rights to post all content you submit
• Your content does not infringe any third party's intellectual property rights, privacy rights, or other rights
• Your content complies with all applicable laws

If you believe content on our Services infringes your copyright, please contact us at founder@cuedit.app with:

• A description of the copyrighted work you claim has been infringed
• The location of the infringing content on our Services
• Your contact information
• A statement that you have a good faith belief that the use is not authorised
• A statement that the information in your notice is accurate
• Your physical or electronic signature

5.8 Deletion of Content

You may delete your reviews and other content at any time through the app. When you delete content:

1. It is immediately removed from public view
2. It is permanently deleted from our systems within 6 months
3. It may persist in backup systems for up to 90 days after deletion from production systems
4. We may retain it longer if required for legal, safety, or security purposes

6. Watch Parties

6.1 Watch Party Features

Watch Parties allow you to:

• Create a virtual viewing group with other users
• Share a synchronized watchlist with party participants
• View participants' movie preferences and ratings
• Coordinate movie selections with friends

6.2 Watch Party Rules

When using Watch Parties, you agree to:

1. Expiration: Watch parties automatically expire and are deleted 2 hours after creation
2. Participant Limits: Respect maximum participant limits as enforced by the app
3. Host Responsibilities: As a party host, you are responsible for:
   • Managing participant access
   • Ensuring participants comply with these Terms
   • The conduct of participants in your party
4. Participant Conduct: As a participant, you agree to:
   • Respect other participants
   • Not abuse shared watchlist features
   • Not spam or harass other party members

6.3 Shared Data in Watch Parties

When you join or host a watch party, the following information is shared with all participants:

• Your username and display name
• Your avatar (if set)
• Your shared watchlist
• Your movie ratings and preferences (as relevant to party recommendations)

By joining a watch party, you consent to sharing this information with other participants.

6.4 Watch Party Termination

We may terminate or remove access to watch parties if:

• They are used to violate these Terms
• They are used to harass or abuse other users
• Technical issues prevent proper operation
• We discontinue the watch party feature

7. Third-Party Content and Services

7.1 Third-Party Services We Use

The Services integrate with and rely upon third-party services, including:

1. Supabase: Backend infrastructure, authentication, and data storage
2. RapidAPI (Streaming Availability API): Movie metadata, streaming availability data, and popularity information
3. OpenAI: AI-powered movie recommendation taxonomy and filtering
4. Apple Services: Apple Sign-In authentication (for iOS users)
5. Google Services: Google Sign-In authentication

Your use of these third-party services through our Services is subject to their respective terms of service and privacy policies. We encourage you to review:

• Supabase Terms: https://supabase.com/terms
• RapidAPI Terms: https://rapidapi.com/terms
• OpenAI Terms: https://openai.com/terms
• Apple Terms: https://www.apple.com/legal/internet-services/itunes/
• Google Terms: https://developers.google.com/terms

7.2 Movie Data and Information

All movie information, including titles, descriptions, cast, crew, ratings, streaming availability, and related metadata, is provided by RapidAPI and other third-party sources.

We do not create, verify, or guarantee the accuracy of this information. You acknowledge and agree that:

1. Accuracy Not Guaranteed: Movie data may be incomplete, inaccurate, or outdated
2. Streaming Availability: Information about which streaming services offer specific movies may not be current or accurate for your region
3. Content Ratings: Content classification ratings (M, MA, R, etc.) are provided by third parties and may not reflect current or accurate ratings
4. Third-Party Responsibility: We are not responsible for errors, omissions, or inaccuracies in third-party movie data

We provide all movie information "AS IS" without warranties of any kind.

7.3 AI-Powered Recommendations (OpenAI)

We use OpenAI's technology to power our movie recommendation and filtering system. You acknowledge and agree that:

1. How It Works: When you search for movies using filters (genre, mood, year, rating, etc.), we send only your selected filters to OpenAI to help categorise and recommend movies
2. AI Limitations: AI-generated recommendations are suggestions only and may not always be accurate, relevant, or appropriate
3. No Personal Data to OpenAI: We do NOT share your personal information, email, username, watchlist, ratings, or reviews with OpenAI (only your search filter selections)
4. No Guarantees: We do not guarantee the quality, accuracy, or appropriateness of AI-generated recommendations
5. User Discretion: You are solely responsible for deciding which movies to watch based on recommendations

7.4 External Streaming Services

Our Services provide information about the availability of movies on external streaming platforms (Netflix, Disney+, Amazon Prime Video, etc.). You acknowledge and agree that:

1. No Affiliation: We are not affiliated with, endorsed by, or sponsored by any streaming service
2. Separate Subscriptions: Access to movies on streaming platforms requires separate subscriptions or purchases from those services
3. Availability Changes: Streaming availability information may change without notice
4. Third-Party Terms: Your use of streaming services is governed by their respective terms and conditions
5. No Responsibility: We are not responsible for:
   • The availability or removal of content on streaming services
   • The quality of content on streaming services
   • Subscription costs or billing issues with streaming services
   • Technical issues with streaming platforms

7.5 Links to Third-Party Websites

The Services may contain links to third-party websites or resources. We are not responsible for:

• The availability, accuracy, or content of third-party websites
• The privacy practices or terms of service of third-party websites
• Any transactions you enter into with third parties

Links to third-party websites do not constitute endorsement by Cued It.

8. Intellectual Property Rights

8.1 Cued It's Intellectual Property

The Services, including all content, features, functionality, software, designs, text, graphics, logos, icons, images, audio, video, and the selection and arrangement thereof, are owned by Cued It and protected by:

• Australian and international copyright laws
• Trademark laws
• Trade secret laws
• Other intellectual property laws

All rights not expressly granted to you in these Terms are reserved by Cued It.

8.2 Trademarks

"Cued It", the Cued It logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Cued It PTY LTD.

You may not use these trademarks without our prior written permission. Use of these trademarks as part of a link to or from any website is prohibited without our express written consent.

8.3 Restrictions on Use

You may not:

1. Modify or Copy: Reproduce, modify, create derivative works from, distribute, publicly display, or otherwise exploit the Services or any part thereof without our written permission
2. Reverse Engineer: Reverse engineer, decompile, disassemble, or attempt to discover the source code of the Services
3. Remove Notices: Remove, alter, or obscure any copyright, trademark, or other proprietary rights notices
4. Commercial Use: Use the Services or any content for commercial purposes without our written authorisation
5. Data Mining: Use any data mining, robots, or similar data gathering or extraction methods
6. Frame or Mirror: Frame or mirror any part of the Services without our written authorisation

8.4 Permitted Uses

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to:

• Access and use the Services for your personal, non-commercial use
• Download and use the mobile applications on devices you own or control
• View and interact with content available on the Services

This license automatically terminates if you violate these Terms.

8.5 Feedback and Suggestions

If you provide us with feedback, suggestions, or ideas about the Services ("Feedback"), you agree that:

1. We may use, disclose, and exploit the Feedback without restriction or compensation to you
2. You grant us a perpetual, irrevocable, worldwide, royalty-free license to use the Feedback
3. We have no obligation to keep Feedback confidential
4. We have no obligation to implement or use any Feedback

9. Account Termination

9.1 Termination by You

You may delete your account at any time through the app settings or by contacting us at founder@cuedit.app.

When you delete your account:

1. Your account is immediately quarantined and becomes inaccessible to you and other users
2. Your public profile, reviews, and other content are removed from public view
3. All personal data is permanently deleted after 6 months from the deletion request
4. During the 6-month quarantine period:
   • Your data is not processed or used for recommendations
   • You cannot reactivate your account
   • Your content is not visible to other users
5. After 6 months, all data is permanently and irreversibly deleted

Important: Account deletion is permanent. Once the deletion process is complete, you cannot recover your account, watchlist, reviews, ratings, or any other data.

9.2 Termination by Cued It

We reserve the right to suspend, disable, or terminate your account at our sole discretion, with or without notice, if:

1. Terms Violations: You violate any provision of these Terms
2. Repeated Violations: You repeatedly violate our content guidelines or acceptable use policy
3. Illegal Activity: You engage in illegal or fraudulent activity
4. Harm to Others: Your conduct harms or may harm other users or Cued It
5. Inactive Account: Your account remains inactive for an extended period (typically 12+ months)
6. Unconfirmed Account: Your account is not confirmed through email verification within a reasonable time
7. Security Concerns: We detect unauthorised use or security concerns with your account
8. Legal Requirements: We are required to do so by law or legal process

9.3 Effect of Termination

Upon termination of your account (whether by you or by us):

1. Your right to access and use the Services immediately ceases
2. You must stop using the Services
3. All licenses granted to you in these Terms terminate
4. We may (but are not obligated to) delete your content
5. Sections that by their nature should survive termination will survive, including: Sections 5.3 (License Grant), 8 (Intellectual Property), 9.3 (Effect of Termination), 10 (Disclaimers), 11 (Indemnification), 13 (Dispute Resolution), and 14 (Miscellaneous)

9.4 Data Retention After Termination

After account termination, we may retain certain information:

• For legal, regulatory, or compliance purposes
• To resolve disputes or enforce our agreements
• To prevent fraud and abuse
• For safety and security purposes
• As described in our Privacy Policy

See our Privacy Policy for more details on data retention.

9.5 Appeal Process

If we terminate your account and you believe it was in error, you may contact us at founder@cuedit.app to request a review. We will review your appeal and respond within a reasonable time, but we are not obligated to reinstate your account.

10. Disclaimers and Limitations of Liability

10.1 Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

To the maximum extent permitted by applicable law, Cued It disclaims all warranties, including but not limited to:

1. Implied Warranties: Warranties of merchantability, fitness for a particular purpose, title, and non-infringement
2. Service Availability: That the Services will be uninterrupted, timely, secure, or error-free
3. Accuracy: That any information, content, or recommendations will be accurate, reliable, or complete
4. Quality: That the Services will meet your requirements or expectations
5. Third-Party Content: The accuracy, reliability, or quality of third-party content, including movie data, streaming availability information, or AI-generated recommendations

SPECIFIC DISCLAIMERS:

• Mature Content: We do not warrant that content ratings or descriptions are accurate, current, or appropriate. You assume all risk for your exposure to mature content.
• Movie Information: All movie data, streaming availability information, and content ratings are provided by third parties and may be inaccurate, incomplete, or outdated.
• AI Recommendations: AI-generated recommendations are suggestions only. We do not warrant their accuracy, relevance, or appropriateness.
• Streaming Services: We do not warrant that movies will be available on any particular streaming service or that streaming availability information is current.
• User Content: We do not endorse, verify, or guarantee the accuracy of user-generated content, including reviews and ratings.

10.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CUED IT AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, LICENSORS, AND SERVICE PROVIDERS (COLLECTIVELY, "CUED IT PARTIES") SHALL NOT BE LIABLE FOR:

1. Indirect Damages: Any indirect, incidental, special, consequential, or punitive damages, including:
   • Loss of profits, revenue, data, or goodwill
   • Loss of use or inability to use the Services
   • Cost of substitute services
   • Emotional distress or psychological harm
2. Content-Related Damages: Any damages arising from:
   • Your exposure to mature content or specific movies
   • Reactions to movie content (emotional, psychological, or otherwise)
   • Inaccurate movie information, ratings, or descriptions
   • Reliance on AI-generated recommendations
   • User-generated content, including reviews
3. Third-Party Issues: Any damages arising from:
   • Third-party services (Supabase, RapidAPI, OpenAI, Apple, streaming services)
   • Inaccurate streaming availability information
   • Unauthorised access to your account
   • Actions or content of other users
4. Service Issues: Any damages arising from:
   • Interruptions, delays, or errors in the Services
   • Data loss or corruption
   • Security breaches (unless caused by our gross negligence)
   • Bugs, viruses, or other harmful components

THESE LIMITATIONS APPLY WHETHER THE LIABILITY IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, WARRANTY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT CUED IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

10.3 Cap on Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF CUED IT PARTIES FOR ANY CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE GREATER OF:

The amount you paid to Cued It in the 12 months preceding the claim (currently $0, as the Services are free)

THIS LIMITATION APPLIES REGARDLESS OF THE NUMBER OF CLAIMS OR THE THEORY OF LIABILITY.

10.4 Exceptions to Limitations

THE ABOVE DISCLAIMERS AND LIMITATIONS DO NOT:

1. Exclude or limit liability for death or personal injury caused by our negligence
2. Exclude or limit liability for fraud or fraudulent misrepresentation
3. Exclude or limit any liability that cannot be excluded or limited under applicable law

10.5 Australian Consumer Law

If you are a consumer in Australia, nothing in these Terms excludes, restricts, or modifies any guarantee, warranty, term, condition, or remedy implied or imposed by the Australian Consumer Law or any other applicable law that cannot lawfully be excluded, restricted, or modified.

Subject to the above, our liability for breach of any consumer guarantee that cannot be excluded is limited, at our option, to:

• In the case of services: re-supplying the services or paying the cost of having the services re-supplied
• In the case of goods: replacing the goods, supplying equivalent goods, repairing the goods, or paying the cost of having the goods repaired or replaced

10.6 Basis of the Bargain

YOU ACKNOWLEDGE AND AGREE THAT:

1. The disclaimers and limitations in this Section 10 are fundamental elements of the agreement between you and Cued It
2. Cued It would not provide the Services without these limitations
3. These limitations allocate the risks between you and Cued It
4. The fees charged (currently $0) reflect these allocations of risk and the limitations of liability

11. Indemnification

11.1 Your Indemnification Obligation

You agree to defend, indemnify, and hold harmless Cued It and the Cued It Parties from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from or relating to:

1. Your Use of Services: Your access to or use of the Services
2. Your Content: Any content you post, upload, or submit to the Services
3. Terms Violations: Your violation of these Terms or any applicable law
4. Rights Violations: Your violation of any third party's rights, including intellectual property rights, privacy rights, or other proprietary rights
5. Your Conduct: Your conduct in connection with the Services, including interactions with other users
6. Misrepresentation: Any misrepresentation you make to us or to other users
7. Third-Party Claims: Any third-party claims arising from your use of the Services

11.2 Defense and Settlement

We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you. You agree not to settle any such matter without our prior written consent.

You agree to cooperate with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.

11.3 Survival

This indemnification obligation survives the termination of these Terms and your use of the Services.

12. Changes to Terms

12.1 Right to Modify

We reserve the right to modify, update, or change these Terms at any time at our sole discretion. Changes may be necessary to:

• Reflect changes to our Services or business practices
• Comply with legal or regulatory requirements
• Improve safety, security, or user experience
• Address new features or functionality
• Clarify existing provisions

12.2 Notice of Changes

For Material Changes, we will provide you with notice at least 30 days before the changes take effect by:

• Posting the updated Terms on the Services with a new "Last Updated" date
• Sending an email notification to the email address associated with your account
• Displaying a prominent notice within the app or website

For Non-Material Changes (such as clarifications or corrections), we may post them immediately with an updated "Last Updated" date.

12.3 Your Acceptance

Your continued use of the Services after the effective date of updated Terms constitutes your acceptance of the changes.

If you do not agree to the updated Terms, you must:

1. Stop using the Services immediately
2. Delete your account
3. Uninstall our mobile applications

12.4 Review Obligation

We encourage you to review these Terms periodically. It is your responsibility to check for updates. The "Last Updated" date at the top of these Terms indicates when they were last revised.

13. Dispute Resolution and Governing Law

13.1 Governing Law

These Terms and any disputes arising from or relating to these Terms or the Services shall be governed by and construed in accordance with the laws of the State of Queensland, Australia, without regard to its conflict of law principles.

13.2 Jurisdiction and Venue

For Australian Users: You and Cued It agree that any legal action or proceeding arising from or relating to these Terms or the Services shall be brought exclusively in the courts of Queensland, Australia, and you irrevocably submit to the jurisdiction of such courts.

For International Users: Subject to applicable consumer protection laws in your jurisdiction:

• If you are a consumer, you may bring claims in the courts of your country of residence
• For all other disputes, you agree to submit to the exclusive jurisdiction of the courts of Queensland, Australia

13.3 Dispute Resolution Process

Before Filing a Claim: We encourage you to contact us first at founder@cuedit.app to attempt to resolve any dispute informally. Many disputes can be resolved quickly and efficiently through direct communication.

If we cannot resolve the dispute informally within 30 days, either party may pursue formal dispute resolution.

13.4 Class Action Waiver

TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AND CUED IT AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING.

This means:

• No class arbitrations or class actions
• No representative actions or consolidated proceedings
• Claims must be brought individually

Exception: This waiver does not apply where prohibited by law, including under Australian consumer protection laws.

13.5 Consumer Rights

Nothing in this Section 13 affects any statutory rights that cannot be waived or limited by contract, including rights under the Australian Consumer Law.

If you are a consumer in Australia or the European Union, you may have additional rights under local consumer protection laws that cannot be limited by these Terms.

14. Miscellaneous

14.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Cued It regarding the Services and supersede all prior agreements, understandings, representations, and warranties, whether written or oral, relating to the subject matter herein.

14.2 Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be:

• Modified to the minimum extent necessary to make it valid and enforceable
• If modification is not possible, severed from these Terms
• The remaining provisions shall remain in full force and effect

14.3 Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing.

No waiver of any term shall be deemed a further or continuing waiver of such term or any other term.

14.4 Assignment

You may not assign or transfer these Terms or your rights and obligations under these Terms without our prior written consent.

We may freely assign or transfer these Terms and our rights and obligations, in whole or in part, without notice or your consent, including in connection with:

• A merger, acquisition, or sale of assets
• Corporate reorganisation
• Operation of law

These Terms shall be binding upon and inure to the benefit of the parties and their respective successors and permitted assigns.

14.5 No Third-Party Beneficiaries

These Terms are for the benefit of, and are enforceable only by, you and Cued It. These Terms are not intended to confer any right or benefit upon any third party.

14.6 Force Majeure

We shall not be liable for any failure or delay in performing our obligations under these Terms due to circumstances beyond our reasonable control, including:

• Natural disasters (earthquakes, floods, fires)
• War, terrorism, or civil unrest
• Pandemics or public health emergencies
• Government actions or regulations
• Internet or telecommunications failures
• Acts of third parties (including cyber attacks)
• Labor disputes or strikes

14.7 Notices

Notices to You: We may provide notices to you by:

• Email to the address associated with your account
• Posting on the Services
• Push notifications through the mobile app
• In-app messages

You consent to receive communications from us electronically, and you agree that such electronic communications satisfy any legal requirement that communications be in writing.

Notices to Us: You may send notices to us at:

For legal notices, please include "Legal Notice" in the subject line.

14.8 Language

These Terms are prepared in English. If these Terms are translated into another language, the English version shall prevail in the event of any conflict or inconsistency.

14.9 Headings

The section headings in these Terms are for convenience only and have no legal or contractual effect.

14.10 Relationship of Parties

Nothing in these Terms shall be deemed to create a partnership, joint venture, agency, employment, or franchise relationship between you and Cued It.

14.11 Survival

The following sections shall survive termination of these Terms: 5.3 (License Grant), 8 (Intellectual Property Rights), 9.3 (Effect of Termination), 10 (Disclaimers and Limitations of Liability), 11 (Indemnification), 13 (Dispute Resolution and Governing Law), and 14 (Miscellaneous).

14.12 Mobile Application Terms

Apple App Store: If you download our mobile application from the Apple App Store, you acknowledge and agree that:

• These Terms are between you and Cued It, not Apple
• Apple has no obligation to provide maintenance or support for the app
• Apple is not responsible for addressing any claims relating to the app
• In the event of any third-party claim that the app infringes intellectual property rights, Cued It (not Apple) is responsible for investigation and defense
• Apple and its subsidiaries are third-party beneficiaries of these Terms as they relate to your use of the app from the Apple App Store

Google Play Store: If you download our mobile application from the Google Play Store, you agree to comply with Google's Terms of Service applicable to Android applications.

14.13 Interpretation

In these Terms:

• "Including" means "including but not limited to"
• "Or" is not exclusive (i.e., "A or B" means "A or B or both")
• The singular includes the plural and vice versa
• References to "days" mean calendar days unless otherwise specified
• References to "writing" or "written" include email and electronic communications

15. Contact Information

If you have any questions, concerns, or feedback about these Terms, please contact us:

15.1 Support and General Inquiries

For general support, technical issues, or product feedback:

Email: founder@cuedit.app

Subject line: "Support Request" or "Feedback"

15.2 Legal Notices

For legal matters, copyright claims, or terms-related inquiries:

Email: founder@cuedit.app

Subject line: "Legal Notice" or "Terms Inquiry"

15.3 Account Issues

For account-related issues, including deletion requests, data access requests, or account recovery:

Email: founder@cuedit.app

Subject line: "Account Issue"

15.4 Response Time

We aim to respond to all inquiries within 5-7 business days. Legal notices and urgent security matters will be prioritised.