Last Updated on Feb 04, 2025
These Terms of Use ("Terms", "Terms of Use") govern your use of the Cue mobile application (the "Service") operated by 44pixels Limited ("us", "we", or "our"), a company registered in the United Kingdom with its registered address at 99 Milton Keynes Business Centre, Foxhunter Drive, Linford Wood, Milton Keynes, MK14 6GD, United Kingdom.
Acceptance of Terms
Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who wish to access or use the Service. By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of the Terms, then you do not have permission to access the Service.
Use of the Service
Cue enables you to record and transcribe audio content, including but not limited to meetings and conversations, via the mobile application. You acknowledge and agree that:
User Responsibility:
Content and Consent: You are solely responsible for any audio you record, upload, transmit, or share using the Service (“User Content”), as well as for ensuring you obtain all necessary consents from individuals who are being recorded. You must comply with all applicable local, national, and international laws in relation to recording and data protection.
Accuracy and Verification: Transcriptions may use AI-based technology. You understand transcribed content may be inaccurate or incomplete. You are responsible for verifying the accuracy of transcriptions before relying on them.
No Liability for Content: We are not liable for any User Content, including any errors, omissions, or inaccuracies in recorded or transcribed material, or any loss or damage of any kind incurred as a result of the use of any content made available through the Service.
Compliance with Law: You must comply with all laws, regulations, and guidelines regarding the legality of recording conversations. Where consent is required by law, you are responsible for obtaining such consent. You agree to indemnify and hold 44pixels harmless for any claims arising from your failure to adhere to legal requirements regarding audio recording.
Right to Remove Content: 44pixels reserves the right (but has no obligation) to review, moderate, and remove any content that violates these Terms or is otherwise objectionable. We may restrict or terminate access to the Service for any user who violates these Terms, and we reserve the right to terminate user accounts and take legal action where necessary.
Payments and Refunds
In-App Purchases
Certain features of the Service may be offered for a fee. You can make a purchase through the respective mobile application store where you downloaded the App (the "Purchase"). We may change the Purchase fee and/or payment structure at any time to the maximum extent permitted by law. Any pricing changes will be posted on or through the App and/or communicated via email.
Subscriptions
The Service may offer subscriptions that automatically renew. Unless cancelled before the end of the subscription period, the mobile application store is authorised to charge you for the renewal term. Any terms of auto-renewal and cancellation (including notice periods) will be disclosed on the Service.
Trial Periods
We may offer trial subscriptions that provide access for a limited time. Unless you cancel before the end of the trial, the subscription may auto-renew. We reserve the right to modify or terminate any trial offer and to limit your ability to take advantage of multiple trials.
Refund Policy
Purchases made via a mobile application store are subject to that store’s refund policies. We cannot grant refunds directly for purchases made through a mobile application store. You acknowledge that any refund request must be directed to the relevant store’s support team.
Age Requirements
Our apps are not intended for children under the age of 13 (“Children”). We do not knowingly collect personally identifiable information from Children. If you are a parent or guardian and believe your Child has provided us with personal information, please contact us at [email protected] so we can remove it. We comply with applicable laws, including the Children’s Online Privacy Protection Act (COPPA) and relevant global regulations.
Intellectual Property
The Service and its original content, features, and functionality are owned by 44pixels Limited and protected by international copyright, trademark, patent, trade secret, and other intellectual property laws. 44pixels Limited retains all intellectual property rights related to the Service, including source code, UI/UX design, and trademarks. Users are granted a limited, non-exclusive, non-transferable licence to use the app for personal, non-commercial purposes only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Service without prior written consent.
User-Generated Content
Your Rights:
Any audio recordings or transcriptions you create (“User Content”) remain your intellectual property.
Licence to Us:
By recording, uploading, transmitting, creating, storing, using, editing, or sharing User Content, you grant 44pixels a perpetual, non-exclusive, irrevocable, fully paid, royalty-free, sub-licensable, transferable, worldwide licence to use, reproduce, modify, create derivative works of, and otherwise exploit the User Content for the purpose of operating, improving, and developing our existing and future products and services, including but not limited to training our transcription and other AI models.
Warranties:
You represent and warrant that you possess all necessary rights to grant the above licence, and that the User Content does not infringe upon any third-party rights.
Prohibited Uses and User Conduct
You may use the Service only for lawful purposes and in accordance with these Terms. You agree not to:
Record or transcribe individuals without their knowledge and/or lawful consent, where required.
Violate any applicable laws or regulations, including data protection or privacy laws.
Upload or generate content that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
Promote sexually explicit or pornographic material, violence, or discrimination.
Infringe any copyright, trademark, patent, trade secret, or other intellectual property rights of any third party.
Impersonate or attempt to impersonate 44pixels, an employee, another user, or any other person or entity.
Transmit any material that is malicious or technologically harmful.
Engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Service, or which may harm 44pixels or users of the Service.
Attempt to circumvent any security measures or features of the Service.
Generate spam, engage in illegal activities, or violate the rights of others.
Attempt to gain unauthorised access to the Service, or interfere with, damage, or disrupt any parts of the Service.
44pixels reserves the right to review, moderate, and remove any content that violates these Terms or is otherwise objectionable, and to restrict or terminate access for any user who violates these Terms. We may also terminate user accounts and take legal action as required.
Fair Usage Policy
Purpose
This Fair Usage Policy ensures that all users enjoy a high-quality experience.
Reasonable Use
Users are expected to use the Service in a manner consistent with personal, non-commercial use. We reserve the right to monitor usage and take action if usage is deemed excessive or unreasonable.
Usage Limits
We may impose usage limits on the Service, such as the number of recordings per day, transcription duration limits, or storage limits. These limits may vary based on subscription tier and may be updated from time to time.
Prohibited Activities
Users must not attempt to bypass any usage limits, use automated systems to interact with the Service, resell the Service or outputs without express permission, or use the Service in a manner that could damage or impair our servers or networks.
Consequences of Violation
We may issue warnings, suspend or limit access, or terminate accounts in the event of repeated or severe violations of this Fair Usage Policy.
Changes to the Policy
We reserve the right to modify this Fair Usage Policy at any time. Continued use of the Service after changes constitute acceptance of the updated policy.
Third Party Services
The Service may include or link to third-party services or APIs, such as transcription providers or cloud services (e.g., OpenAI API, Firebase). These services are not under our control, and we are not responsible for their content, privacy policies, or practices. Your interactions with these services are solely between you and the applicable third party. By using the Service, you agree to comply with the terms and policies of these third-party services.
Privacy Policy
Please refer to our Privacy Policy at 44pixels.ai/privacy-policy for information on how we collect, use, and disclose information from our users. You acknowledge and agree that your use of the Service is subject to our Privacy Policy, and that we will handle your data in accordance with applicable data protection laws, including the UK GDPR.
Disclaimer of Warranties
The Service is provided to you “AS IS” and “AS AVAILABLE” without any warranty of any kind. To the maximum extent permitted under applicable law, 44pixels Limited and its affiliates, as well as their licensors and service providers, disclaim all warranties, whether express, implied, statutory, or otherwise. This includes implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and warranties that may arise out of course of dealing, performance, usage, or trade practice.
We do not warrant that the Service will meet your requirements or operate without interruption or error. We specifically do not guarantee the accuracy, reliability, or completeness of any transcribed content, as the transcription process may be automated and subject to errors.
Limitation of Liability
44pixels shall not be liable for any damages arising from the use of the Service, including but not limited to actions taken or decisions made based on recorded or transcribed content. In no event shall we (and our affiliates) be liable to you or any third party for any lost profit or indirect, consequential, exemplary, incidental, special, or punitive damages arising from these Terms or your use of the Service, even if we have been advised of the possibility of such damages.
Your access to and use of the Service is at your own discretion and risk. You are solely responsible for any damage to your device or data. Notwithstanding anything to the contrary contained herein, you agree that the aggregate liability of 44pixels to you for all claims arising from the use of the Service is limited to the amounts you have paid to us for access to and use of the Service.
Indemnification
You agree to indemnify, defend, and hold harmless 44pixels Limited, its officers, directors, employees, agents, licensors, and suppliers from and against all claims, losses, liabilities, expenses, damages, and costs (including reasonable legal fees) arising from or relating to:
Your violation of these Terms.
Your use of the Service, including your User Content.
Any claims related to content recorded or transcribed by you.
Your violation of any rights of another person or entity, including but not limited to intellectual property or privacy rights.
You warrant that you possess all necessary legal rights to upload and record content, and that doing so does not infringe third-party rights. You agree to indemnify 44pixels for any loss suffered due to a breach of this warranty.
Governing Law and Dispute Resolution
These Terms and any dispute or claim arising out of or in connection with them (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of England and Wales. You agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute arising out of or in connection with these Terms. Users must first attempt to resolve disputes through informal negotiation or mediation before proceeding to litigation.
Changes to the Terms
We reserve the right, at our sole discretion, to modify or replace these Terms at any time without prior notice. Changes become effective immediately upon posting. By continuing to access or use the Service after any revisions become effective, you agree to be bound by the revised Terms. If you do not agree, you must discontinue using the Service.
Entire Agreement
These Terms and our Privacy Policy constitute the entire agreement between you and 44pixels Limited regarding your use of the Service, superseding any prior agreements related to the Service.
Severability
If any provision of these Terms is deemed unenforceable or invalid, that provision will be modified and interpreted to accomplish its objectives to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.
Contact Us
If you have any questions about these Terms, please contact us at [email protected]