Effective: 26 August 2026
These Terms of Service ("Terms") govern access to and use of Cue (the "Service"), operated by Marcus Barta ("we", "us", "our"). By creating a venue account or otherwise using the Service, you ("you", "your", the venue operator) agree to these Terms. If you do not agree, do not use the Service.
Cue is a web-based playlist management tool for hospitality venues that connects to a venue's Spotify account and switches playback automatically based on time slot and crowd level, provided on a "trial" (free, limited-feature) or "full" (paid) plan. Features available to your venue depend on the plan assigned to your account.
Using the Service's playback features requires a Spotify account and, depending on the feature, a Spotify Premium subscription — these are provided directly by Spotify and are not part of the Service. Spotify's own terms of service govern your use of Spotify. We are not responsible for the availability, functionality, or policies of Spotify's platform.
Access to a venue's Service instance is controlled by a PIN you set and are responsible for keeping confidential. You are responsible for all activity that occurs under your venue's login, and for restricting access to authorised staff. Notify us promptly if you believe your PIN has been compromised.
You agree not to: use the Service for any unlawful purpose; attempt to gain unauthorised access to another venue's data or to the Service's infrastructure; interfere with or disrupt the Service; or use the Service in a way that breaches Spotify's own terms of service or developer policies.
You retain ownership of the playlist and venue configuration data you enter into the Service ("Your Data"). You grant us a licence to host, process, and display Your Data solely to provide the Service to you. See our Privacy Policy for how we handle personal information, including the Spotify connection you authorise on behalf of your venue.
Trial accounts are provided free of charge, with a limited feature set, and may be changed or discontinued at any time. Paid ("full") plan pricing, invoicing, and payment terms are agreed with you directly and are not processed automatically within the Service. See our Refund Policy for cancellation and refund terms.
We aim to keep the Service available and reliable but do not guarantee uninterrupted or error-free operation. The Service may be unavailable from time to time for maintenance, updates, or reasons outside our control (including outages of third-party infrastructure providers we rely on, such as our hosting and database providers, or Spotify's own API and service availability).
To the maximum extent permitted by law, 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, and non-infringement. We do not warrant that the Service will meet your requirements, be uninterrupted, timely, secure, or error-free.
To the maximum extent permitted by law, and subject to Section 8 above, we exclude all liability for indirect, special, incidental, or consequential loss, or loss of profits, revenue, data, or goodwill, arising out of or in connection with the Service or these Terms, however caused, whether in contract, tort (including negligence), or otherwise.
To the maximum extent permitted by law, our total aggregate liability arising out of or in connection with the Service, whether in contract, tort, or otherwise, is limited to the amount you paid us for the Service in the 12 months preceding the event giving rise to the claim.
We are not liable for the availability, functionality, or conduct of Spotify's platform, or for changes Spotify makes to its API or policies that affect the Service.
You may stop using the Service at any time, including by disconnecting your Spotify account. We may suspend or terminate access to the Service, with or without notice, for breach of these Terms, non-payment of agreed fees, or conduct that risks harm to the Service or other venues.
We may update these Terms from time to time. We will update the "Effective" date above when we do. Continued use of the Service after changes take effect constitutes acceptance of the revised Terms.
These Terms are governed by the laws of the Australian Capital Territory, Australia, and each party submits to the non-exclusive jurisdiction of the courts of that territory.
Questions about these Terms can be sent to marcusbarta@icloud.com.