These Terms of Service ("Terms") are a binding agreement between you and Visually Impressive Productions Corp, a Nevada corporation ("VIP", "we", "us"), covering your use of CueCaller: the web application at cuecaller.app, the installable app, the Showtime backstage boards, and everything we provide with them (together, the "Service").
By creating an account, clicking to accept, or using the Service, you agree to these Terms. If you are agreeing on behalf of a company, production, or touring organization, you confirm you are authorized to bind it, and "you" means that organization.
You need an account to use the Service. You must be at least 18 years old. Provide accurate information, keep your password private, and do not share credentials. You are responsible for everything that happens under your account.
We limit the number of devices signed in at once per account. Signing in on a new device may sign you out elsewhere. Tell us promptly at [email protected] if you suspect unauthorized access.
The Service is offered on several plans. Current plans, prices, and what each includes are listed at cuecaller.app. Plan contents may change as we develop the product; we will not materially reduce what a paid plan includes during a period you have already paid for.
The Free tier is free indefinitely, with no time limit and no card required. It is intentionally limited. As of the effective date it provides core timecode cue-calling with:
You may not remove, obscure, or alter the "Powered by CueCaller" attribution on the Free tier, and you may not work around the Free tier limits, including by creating multiple accounts to split one show across them. We may change the Free tier limits with notice on this page, and we may discontinue the Free tier for new signups; if we discontinue it entirely we will give existing Free accounts at least 30 days' notice.
The Tour plan includes a set number of named seats. Seats are for named individuals, not shared logins. The account owner controls the team, is responsible for the people they invite and what those people do, and can remove seats at any time. Shows shared to a team are visible to everyone holding a seat on it. If the owner's subscription lapses, team members lose access granted through that team.
Paid plans are sold as subscriptions and billed through Stripe. We do not receive or store your full card number.
Taxes may be added where required. If a payment fails we may retry it and will email you; if it keeps failing we may suspend or cancel the subscription. You are responsible for keeping your payment method current.
Complimentary and discounted access. We sometimes grant free or reduced-price access, for example to beta testers and early supporters. Where we have made such a commitment to you in writing, that commitment governs and these Terms do not reduce it. Complimentary access is not transferable.
Cancel any time from Billing inside your account. It takes effect at the end of the current paid period, and you keep full access until then. We will not require you to call, email, or chat with anyone to cancel, and we will not put a retention offer in front of you without also showing you a way to finish cancelling immediately.
When a paid subscription ends, your account does not disappear. It moves to the Free tier, so your shows stay on your device and you can keep calling shows within the Free limits. Cloud-stored shows are retained for 30 days after a paid plan ends so you can resume or export them, then may be deleted. Full detail is in the Refunds and Cancellation Policy.
Subscription fees are generally non-refundable, and we do not offer a blanket money-back guarantee. We do handle problems in good faith and case by case: if the Service failed in a way that is our fault, tell us and we will make it right, which may include a refund or credit. The full policy, including duplicate charges, unused annual terms, and chargebacks, is in the Refunds and Cancellation Policy, which is part of these Terms.
We may change prices. For an existing subscriber, a price increase applies only after we have emailed you at least 30 days before it takes effect, and only from your next renewal. You can cancel before then and not pay the new price. If we have separately committed to a locked or discounted rate for you in writing, we will honor it.
Your cue sheets, show files, notes, logos, and everything else you put into the Service are yours ("Your Content"). We claim no ownership of it. We do not sell it, and we do not use it to train machine learning models.
You grant us only the limited, non-exclusive licence we need to operate the Service for you: to store Your Content, transmit it between your devices and the people you share it with, display it back to you, and process it as you direct. Where you enable translated voice calls, cue text you choose to translate is sent to our translation subprocessor for that purpose; see the Subprocessor list.
You are responsible for having the right to upload what you upload, including any artist, venue, or production information that may be confidential. You can delete Your Content at any time, and you can ask us to delete your account and its data as described in the Privacy Policy.
Showtime boards. Publishing a Showtime board creates a link that anyone holding it can open, optionally protected by a PIN. Treat that link as public. Do not publish anything to a board that you would not be comfortable being seen outside your production, and revoke the link when the run ends.
The Service, including its software, interface, design, templates, documentation, and the CueCaller name and marks, belongs to VIP and its licensors. We grant you a limited, revocable, non-exclusive, non-transferable right to use the Service while your account is in good standing, for your own production work.
You may not copy, modify, translate, create derivative works from, reverse-engineer, decompile, or attempt to extract the source code of the Service, except to the extent that restriction is unenforceable where you live. You may not resell, sublicense, rent, or provide the Service to third parties as a service of your own without our written permission. You may not remove or alter any proprietary notice, including the Free tier attribution described in section 2.
Feedback. If you send us ideas or suggestions, thank you, and we may use them without obligation or payment. This does not affect any separate written agreement we have with you.
Do not: break, overload, probe, or circumvent the Service or its security; access other users' data; use the Service to store or transmit unlawful content; automate or script access in a way that degrades the Service for others; exceed or evade plan limits; or use the Service to build a competing product. We may suspend access that threatens the Service, our infrastructure providers, or other users.
Some parts of the Service call outside services on your behalf and cost us money per use, including translation and Google Sheet imports. Those are rate-limited. Do not attempt to defeat those limits.
The Service connects to third parties at your direction, including Google Sheets and Google Drive when you link a sheet, and Stripe when you subscribe. Your use of those services is governed by their terms, not ours. We are not responsible for third-party services, their availability, or changes they make. If you disconnect a third-party account, features that depend on it stop working.
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY. TO THE FULLEST EXTENT PERMITTED BY LAW, VIP DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; THAT CUES WILL BE DISPLAYED OR SPOKEN AT ANY PARTICULAR TIME OR AT ALL; THAT TIMECODE, AUDIO, MIDI, TRANSLATION, OR VOICE OUTPUT WILL BE ACCURATE; OR THAT THE SERVICE WILL WORK ON ANY PARTICULAR DEVICE, OPERATING SYSTEM, BROWSER, OR NETWORK, INCLUDING A VENUE NETWORK.
THE SERVICE IS NOT A LIFE-SAFETY SYSTEM. DO NOT USE IT AS A CONTROL OR INTERLOCK FOR PYROTECHNICS, FLAME, RIGGING, AUTOMATION, LASERS, OR ANY OTHER EFFECT WHERE A MISSED, EARLY, OR INCORRECT CUE COULD CAUSE INJURY OR PROPERTY DAMAGE. IT DISPLAYS AND SPEAKS INFORMATION TO A HUMAN OPERATOR WHO REMAINS RESPONSIBLE FOR EVERY CUE.
TO THE FULLEST EXTENT PERMITTED BY LAW, VIP WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, GOODWILL, DATA, OR BUSINESS OPPORTUNITY, EVEN IF WE WERE ADVISED THAT SUCH DAMAGES WERE POSSIBLE.
WITHOUT LIMITING THAT, VIP WILL NOT BE LIABLE FOR: A MISSED, EARLY, LATE, DUPLICATED, SILENT, OR INCORRECT CUE; A SHOW, PERFORMANCE, OR EVENT THAT IS DELAYED, INTERRUPTED, CANCELLED, OR CRITICIZED; PENALTIES, LIQUIDATED DAMAGES, OR REFUNDS YOU OWE A THIRD PARTY; LOST TICKET, MERCHANDISE, OR TOUR REVENUE; REPUTATIONAL HARM; OR THE COST OF REHEARSAL, CREW, VENUE, OR EQUIPMENT TIME.
OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE IS LIMITED TO THE GREATER OF (A) THE AMOUNT YOU ACTUALLY PAID US FOR THE SERVICE IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100). IF YOU ARE ON THE FREE TIER OR HOLD COMPLIMENTARY ACCESS, THAT MEANS $100.
THESE LIMITS APPLY REGARDLESS OF THE THEORY OF LIABILITY, INCLUDING CONTRACT, WARRANTY, NEGLIGENCE, AND STRICT LIABILITY, AND THEY SURVIVE TERMINATION. THEY DO NOT APPLY TO LIABILITY THAT CANNOT BE LIMITED BY LAW, INCLUDING FRAUD, WILLFUL MISCONDUCT, OR GROSS NEGLIGENCE WHERE APPLICABLE LAW PROHIBITS EXCLUSION. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS, SO PARTS OF THIS SECTION MAY NOT APPLY TO YOU.
You acknowledge that the price of the Service reflects this allocation of risk, and that we would not offer it at this price without these limits.
You will defend, indemnify, and hold harmless VIP and its officers, employees, and contractors from any third-party claim, loss, or expense, including reasonable legal fees, arising from: your use of the Service in or around a production; Your Content, including any claim that it infringes rights or discloses confidential information; your breach of these Terms; or the acts of people you invite to your team or share a Showtime board with. We will notify you of any such claim and you may control the defence, provided you do not settle in a way that admits fault on our part or imposes obligations on us without our consent.
You can stop using the Service at any time and cancel as described in section 5. We may suspend or terminate your access if you materially breach these Terms, if your payment fails and stays unresolved, if we are required to by law, or if your use threatens the Service or other users. Where practical and lawful we will tell you first and give you a chance to fix it.
If we terminate for our own convenience rather than for your breach, we will refund the unused portion of a prepaid term. On termination, sections 8 (your ownership), 9, 12, 13, 14, 16, 17, and 18 survive.
Talk to us first. Before starting a formal proceeding, email [email protected] with a description of the problem and what you want. We will try in good faith to resolve it within 30 days. Most things end here.
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS HOW DISPUTES ARE RESOLVED AND LIMITS YOUR RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION.
Binding arbitration. If we cannot resolve a dispute informally, you and VIP agree that any dispute arising out of or relating to these Terms or the Service will be resolved by final and binding individual arbitration, administered by the American Arbitration Association under its Consumer Arbitration Rules for individuals, or its Commercial Rules where you are using the Service for a business. The arbitration will be held in Clark County, Nevada, or by video or telephone at your election, or in your home county if you prefer. The arbitrator, not a court, decides all issues, except that a court decides whether this arbitration agreement is enforceable.
Class action and jury waiver. DISPUTES WILL BE ARBITRATED ONLY ON AN INDIVIDUAL BASIS. YOU AND VIP WAIVE THE RIGHT TO A JURY TRIAL AND THE RIGHT TO BRING OR PARTICIPATE IN A CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION. The arbitrator may not consolidate claims or preside over any form of class proceeding. If this waiver is found unenforceable as to a particular claim, that claim, and only that claim, proceeds in court, and the rest of this section still applies.
Exceptions. Either of us may (1) bring a claim in small-claims court if it qualifies, and (2) seek injunctive relief in court to protect intellectual property or stop unauthorized access. Nothing here prevents you from reporting a concern to a government agency.
Opting out. You may reject this arbitration agreement by emailing [email protected] with the subject "Arbitration Opt-Out" within 30 days of first accepting these Terms. Include your account email. Opting out costs you nothing and does not affect your account or any other part of these Terms.
Fees. AAA rules govern fees. Where the rules make you responsible for a filing fee that exceeds what a court would charge, we will pay the difference for claims under $10,000 unless the arbitrator finds the claim frivolous.
Changes. If we materially change this section, the change applies only to disputes arising after its effective date, and you may reject it using the opt-out above within 30 days of the change.
These Terms are governed by the laws of the State of Nevada, excluding its conflict-of-laws rules, and by applicable U.S. federal law, including the Federal Arbitration Act. Where a dispute proceeds in court rather than arbitration, you and VIP consent to the exclusive jurisdiction of the state and federal courts in Clark County, Nevada. If you are a consumer in a jurisdiction whose law grants you rights that cannot be waived by contract, nothing here removes those rights.
Changes. We may update these Terms. For material changes we will post the new version here with a new effective date and, for account holders, email you or notify you in the app at least 30 days before they take effect, except where a change must apply sooner for legal or security reasons. Continuing to use the Service after a change takes effect means you accept it. If you do not accept it, cancel before then.
Entire agreement. These Terms, together with the Privacy Policy and the Refunds and Cancellation Policy, are the whole agreement between us about the Service, and replace the previous Beta Terms of Use. If we have signed a separate written agreement with you, that agreement controls where it conflicts.
Assignment. You may not assign these Terms without our consent. We may assign them to an affiliate or in connection with a merger, acquisition, or sale of assets, on notice to you.
Severability and waiver. If a provision is unenforceable, it is modified to the minimum extent needed or severed, and the rest stands. Not enforcing a provision is not a waiver of it.
Force majeure. Neither of us is liable for delay or failure caused by events beyond reasonable control, including infrastructure or network outages at our providers, natural events, or government action.
Notices. We send notices to the email on your account, so keep it current. You send notices to us at the address in section 19.
No third-party beneficiaries. These Terms create rights only for you and VIP.
Visually Impressive Productions Corp
930 S 4th St, Ste 209
Las Vegas, NV 89101
General and technical: [email protected]
Billing: [email protected]
Privacy requests: [email protected]