Terms of Service

1About these terms

These terms are an agreement between you and Cueboss LLC (“CueBoss”, “we”, “us”) about your use of the CueBoss app and the cueboss.co website. You accept them when you create an account, or when you install or use the App. If you don’t accept them, please don’t use CueBoss.

Our Privacy Policy and Cookie Policy explain how we handle personal information and cookies. They are separate documents, and these terms refer to them.

2Definitions

• App: the CueBoss desktop application for macOS and Windows, including every update to it.
• Website: cueboss.co and every page on it.
• Service: the App and the Website together, including accounts and the emails we send about them.
• Account: the account you create on the Website.
• Your library: your rekordbox library and everything in it, including the rekordbox database on your computer, your cue points, loops and playlists, and your music files.
• Paid plan: any paid license, subscription or feature we may offer in the future.
• You: the person who accepts these terms. If you use CueBoss for a business, “you” also means that business, and you confirm that you are allowed to accept these terms for it.

3Your account

To create an account, you give us your email address, first name, last name and country, and choose a password. If you sign up with your Google account instead, Google shares your name and email address with us, and you give us your country; you don’t need a separate password.

• You must be at least 16 years old to create an account.
• The information you give us must be accurate, and you should keep it up to date. Your email address has to be confirmed before your account can be used.
• An account is for one person. Keep your password to yourself and don’t share your account.
• You are responsible for what happens under your account. If you think someone else has used it, change your password and tell us at hello@cueboss.co.

4Your license to use the App

The App reads and changes the cue points, loops and related data in the rekordbox library on your own computer. It does that work on your computer, and it does not upload your library or your music anywhere.

As long as you follow these terms, we give you a personal, non-exclusive, non-transferable license, which we can revoke as section 14 describes, to install and use the App on computers you own or control, for your own DJ work, whether that work is personal or professional. A paid plan may set its own limits, which we will show you before you buy it.

You may not:

• sell, rent, lend, sublicense or redistribute the App, apart from sharing a link to the Website so others can download it;
• modify, decompile or reverse engineer the App, except where the law allows it regardless of this restriction;
• remove or change any copyright, trademark or license notice in it;
• get around any license check or technical limit in it;
• use it, or anything learned from taking it apart, to build a competing product.

The App includes open-source components, listed with their licenses in the file LICENSE-THIRD-PARTY.txt that comes with it. Those licenses govern those components, and nothing in these terms limits the rights they give you.

The App is licensed to you, not sold. We keep ownership of it.

5Paid plans

We may offer paid plans. If we do, we will show you the price, what the plan includes, how billing and any renewal work, and any terms that apply to that plan alone before you buy it. Those terms will apply alongside these. We will never charge you for anything you have not agreed to buy.

6Your library stays yours

You own your library. These terms give us no rights to it. The App works with your library only on your computer and only to do what you ask of it, and we never receive your library, your music files, your cue points or your playlists.

You are responsible for having the right to use the music and other material in your library.

Keep your own backups. The App changes your rekordbox database directly. It will not write to it while rekordbox is running, and before its first change in each session it copies the database to a backup on your computer. Even so, a mistake, a bug, a failing disk or a change in rekordbox can cost you data, so keep backups of your own, for example with rekordbox’s own backup feature.

7Acceptable use

When you use the Service, you must not:

• break the law, or infringe anyone else’s rights, including copyright;
• try to get into accounts, systems or data that aren’t yours, or probe, scan or test the Website’s security without our written permission;
• overload or disrupt the Website, or access it with automated tools beyond what an ordinary browser or the App itself does;
• create an account with false information, for someone else without their permission, or in bulk;
• send us or upload anything that contains malware or is designed to cause harm.

If you find a security problem, please tell us at hello@cueboss.co before telling anyone else, so we can fix it.

8Updates

Each time the App starts, and whenever you choose Check for Updates…, it checks https://cueboss.co/updates/latest.json for a newer version. When it finds one, it downloads it from cueboss.co and installs it, and the new version runs the next time CueBoss starts. The App installs an update only if it carries our signature.

The App asks you to sign in with your account, through the Website, before it opens. It checks for and downloads updates as that account, so it receives them only while downloads are open to the account. Once it is signed in to an account that downloads are open to, it opens without an internet connection.

Updates can add, change or remove features, and we may stop supporting older versions of the App or of macOS and Windows. rekordbox can also change how it stores your library in an update of its own; if it does, the App may stop working with your library until we release an update for it, and we cannot promise that we will. These terms apply to every update.

9rekordbox, Google and other third parties

rekordbox is a product of AlphaTheta Corporation. CueBoss is not affiliated with, endorsed by or sponsored by rekordbox, Pioneer DJ or AlphaTheta Corporation. Their names are their owners’ trademarks, and we use them only to say what CueBoss works with.

If you sign in with Google, Google’s own terms and privacy policy apply to your Google account. We are not responsible for products or services we do not provide, including rekordbox and Google’s.

10Intellectual property

The App, the Website, the CueBoss name and logo, and the Website’s text and images belong to Cueboss LLC or the people who license them to us. These terms don’t give you any right to use our name or logo.

If you send us ideas or suggestions, we may use them freely, without owing you anything for them.

11Privacy

The Privacy Policy explains what personal information we collect, why, and what rights you have over it, and the Cookie Policy lists the cookies the Website uses. In short: your library stays on your computer; the Website collects what your account needs, and keeps a log of update checks and downloads that stores a hash in place of your IP address; and the Privacy Policy lists everything else, including the server’s access logs and error reports.

12No warranties

We work hard to make CueBoss reliable, but we provide the Service “as is” and “as available”. As far as the law allows, we give no warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose and non-infringement. We do not promise that the Service will be uninterrupted or free of errors, that it will work with every version of rekordbox, or that it will never change or lose data in your library.

If you are a consumer, the law where you live may give you rights that cannot be excluded, such as a right to software that works as described. Nothing in these terms takes those rights away.

13Limitation of liability

As far as the law allows:

• we are not liable for indirect, incidental, special or consequential losses, or for lost data (including anything in your library), profits, revenue, business or goodwill, arising out of or related to the Service;
• our total liability for all claims arising out of or related to the Service is limited to the greater of what you paid us for the Service in the 12 months before the claim arose, and US$100.

These limits do not apply to liability that the law does not allow us to limit, such as liability for death or personal injury caused by our negligence, or for fraud. If you are a consumer, they also do not limit our responsibility for losses that were foreseeable and caused by our breach of these terms or our failure to use reasonable care and skill, where the law where you live makes us responsible for those.

14Suspension and termination

You can stop using CueBoss at any time. To close your account, email us at hello@cueboss.co from the address on the account.

We may suspend or close your account, or end your license, if you seriously or repeatedly break these terms, if the law requires us to, or if it is needed to protect the Service or other people. Where it is reasonable to, we will tell you first and give you a chance to put things right.

We may also stop offering the Service or any part of it. If we close accounts altogether, we will tell you in advance. What happens to a paid plan in that case is set out in that plan’s terms.

If your account is closed or suspended, the App on your computers stops receiving updates and, once it has reached cueboss.co, asks you to sign in again. If downloads are no longer open to your account, the App stops receiving updates and, once it has reached cueboss.co, tells you it is waiting for access instead of opening.

When your account closes, we delete your account information as the Privacy Policy describes. Sections 6, 10, 12, 13, 16 and 17 continue to apply after these terms end.

15Changes to these terms

We may change these terms, for example when we add features or paid plans, or when the law changes. The date and version at the top of this page change with them, and your account records which version you accepted. If a change affects you significantly, we will tell you by email or on the Website before it takes effect. If you keep using the Service after that, the new terms apply to you; if you don’t accept them, stop using the Service and close your account.

16Governing law and disputes

These terms are governed by the laws of the State of New York, USA, and disputes about them will be decided by the state and federal courts located in New York County, New York. If you are a consumer, you also keep the protection of the mandatory laws of the country where you live, and you may bring a claim in your local courts.

If something goes wrong, please contact us first. Most problems are quicker to solve by email than by anything more formal.

17General

• These terms, together with the Privacy Policy, the Cookie Policy and the terms of any paid plan you buy, are the whole agreement between you and us about the Service.
• If any part of these terms can’t be enforced, the rest still applies.
• If we don’t enforce part of these terms straight away, we can still enforce it later.
• You may not transfer your rights under these terms without our written permission. We may transfer ours to a business that takes over CueBoss, and doing so will not reduce your rights.

18Contact