Skip to main content

Terms of Service

Terms and conditions for using CuePad

Effective Date: March 30, 2026

These Terms of Service (“Terms”) govern your access to and use of CuePad’s website, applications, and related services (collectively, the “Service”). The Service is operated by Ximon Software, LLC (“CuePad,” “we,” “us,” or “our”), located in Florida, United States.

By accessing or using the Service, you agree to these Terms. If you do not agree, do not use the Service.

1. Eligibility

You must be at least 13 years old to use the Service. By using CuePad, you represent and warrant that you meet this requirement and that you have the legal capacity to enter into these Terms.

2. Your Account

You may need to create an account to use some or all features of the Service. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

You agree to provide accurate information and to keep your account information reasonably up to date.

3. Subscription Plans and Billing

CuePad may offer free and paid plans, including Core, Pro, and Theatre plans.

Paid subscriptions are billed through Stripe and may renew automatically unless canceled before the next billing cycle.

You may cancel your paid subscription at any time. Unless otherwise stated, cancellation takes effect at the end of the current billing period. You will continue to have access to paid features until the end of that billing period, after which your account may be downgraded to a free plan if applicable.

All payments are non-refundable. CuePad does not provide refunds or credits for partial billing periods, unused time, or downgrades, unless required by applicable law.

We reserve the right to change pricing, plan structure, or features, but changes will apply prospectively.

4. License to Use the Service

Subject to these Terms, CuePad grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your internal personal, educational, or business use in connection with theatrical, production, rehearsal, and related workflow purposes.

5. User Content

CuePad allows users to upload, store, create, and manage scripts, notes, cues, ground plans, annotations, and other materials (“User Content”).

You retain ownership of your User Content. However, you grant CuePad a limited, non-exclusive license to host, store, process, reproduce, transmit, and display your User Content solely as necessary to operate, maintain, secure, improve, and provide the Service to you and, where applicable, your authorized collaborators.

You are solely responsible for your User Content and for ensuring that you have all rights, permissions, and authority necessary to upload, store, use, and share that content through CuePad.

6. Copyright and Content Responsibility

CuePad is a platform tool. We do not claim ownership of scripts or other uploaded production materials.

Because CuePad may store or process copyrighted scripts or other protected materials, you represent and warrant that you have the necessary rights, permissions, licenses, or legal authority to upload and use any such materials through the Service.

You may not upload, transmit, or use content through CuePad in a way that infringes another party’s copyright, trademark, trade secret, privacy, publicity, or other rights.

If you believe content on CuePad infringes your copyright, please review our DMCA / Copyright Policy at /dmca.

7. Acceptable Use

You agree not to:

  • use the Service for any unlawful, fraudulent, or deceptive purpose;
  • upload content you do not have the right to use;
  • upload malware, harmful code, or content designed to disrupt the Service;
  • interfere with, disrupt, or attempt to gain unauthorized access to the Service or related systems;
  • scrape, reverse engineer, or exploit the Service except as permitted by law;
  • impersonate another person or misrepresent your affiliation;
  • use the Service to harass, abuse, or harm others;
  • violate applicable laws or regulations in connection with your use of the Service.

8. Beta Features

Certain features may be identified as beta, early access, preview, or experimental features. Such features may change, be suspended, or be discontinued at any time, with or without notice. CuePad makes no guarantees regarding the continued availability, performance, or reliability of beta features.

9. Service Availability and Backups

CuePad may change, suspend, or discontinue any part of the Service at any time.

While we may maintain backup and recovery processes, we do not guarantee uninterrupted availability, error-free operation, or that all data will always be recoverable. You are responsible for maintaining your own copies of important materials where appropriate.

Deleted content may be removed from active systems promptly, but backup copies may persist for up to 30 days.

10. Third-Party Services

The Service may integrate with or rely on third-party providers, including Clerk, Supabase, Stripe, Postmark, Google Analytics, and PostHog. We are not responsible for third-party services, and your use of such services may also be governed by their terms and privacy policies.

11. Suspension and Termination

We may suspend, restrict, or terminate your access to the Service, with or without notice, if we reasonably believe:

  • you violated these Terms;
  • you uploaded unlawful or infringing content;
  • your use poses a security risk;
  • your conduct could harm CuePad, other users, or third parties;
  • we are required to do so by law.

You may stop using the Service at any time. If you cancel a paid plan, your cancellation will take effect as described in the billing section above.

12. Intellectual Property in the Service

CuePad and its associated branding, software, design, text, graphics, interfaces, and other non-user materials are owned by or licensed to Ximon Software, LLC and are protected by intellectual property laws.

Except for the limited rights expressly granted in these Terms, no rights are granted to you in or to the Service.

13. Disclaimers

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY LAW.

CuePad does not warrant that the Service will be uninterrupted, secure, error-free, or that defects will be corrected.

14. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, XIMON SOFTWARE, LLC AND ITS AFFILIATES, OFFICERS, MEMBERS, EMPLOYEES, CONTRACTORS, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATED TO THE SERVICE OR THESE TERMS.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF XIMON SOFTWARE, LLC FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS SHALL NOT EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID TO CUEPAD FOR THE SERVICE IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM; OR (B) FIFTY U.S. DOLLARS (US $50).

15. Indemnification

You agree to defend, indemnify, and hold harmless Ximon Software, LLC and its affiliates, officers, members, employees, contractors, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys’ fees, arising out of or related to:

  • your User Content;
  • your violation of these Terms;
  • your misuse of the Service; or
  • your infringement or violation of any rights of another person or entity.

16. Governing Law and Venue

These Terms are governed by the laws of the State of Florida, without regard to conflict of laws principles.

Any dispute arising out of or relating to these Terms or the Service shall be brought exclusively in the state or federal courts located in Palm Beach County, Florida, and you consent to the personal jurisdiction and venue of those courts.

17. Changes to These Terms

We may modify these Terms from time to time. If we make material changes, we may update the effective date above and provide notice where appropriate. Your continued use of the Service after updated Terms become effective constitutes acceptance of the revised Terms.

18. Contact

Questions about these Terms may be sent to:

Ximon Software, LLC
Florida, United States
support@cuepad.app