Cue8 End User License Agreement

The short version

Cue8 is yours to make music with. When you choose to share a groove with the community, it becomes public and other people can see, import, edit, and build on it, so only share work you have the right to share, and keep it clean. We have zero tolerance for illegal or abusive content and will remove it. Apple handles all payments and refunds. These terms are the full agreement; the plain-language lines are only a summary. If you are a consumer, your mandatory local rights always come first.

1. Who we are and what you are agreeing to

Cue8 is developed and published by August Audio, the trading name of Armağan Ünlü, an individual developer based in the Republic of Türkiye ("August Audio", "we", "us"), contactable at Hamidiye Mah. Gürbüz Sk. No: 22/1 D: 9, 34782 Çekmeköy, İstanbul and at contact@augustaudio.io. This End User License Agreement (the "Terms") is a binding agreement between you and August Audio governing your use of the Cue8 application and its community features (together, the "App"). By downloading, installing, or using the App, you accept these Terms. If you do not agree, do not use the App.

2. Who may use the App

• You must be old enough to enter into a binding agreement in your country. If you are below the age of majority, you may use the App only with the consent and supervision of a parent or legal guardian, who agrees to these Terms on your behalf.
• To use the community features, you must also meet the minimum age for us to process your personal data with your consent in your country, this is 13 in most places and up to 16 in parts of the European Union. Below that age, a parent or guardian must provide consent. We do not knowingly allow children under 13 to create a community profile; if we learn that we have, we delete it.
• You are responsible for keeping your device and your Apple Account secure.

3. Your licence to use Cue8

On purchase, we grant you a personal, limited, non-exclusive, non-transferable licence (revocable only in accordance with Section 16) to use Cue8 for your own music-making, on Apple-branded devices you own or control, in accordance with the App Store Terms of Service and Usage Rules. You may not copy, resell, rent, sublicense, reverse-engineer, or attempt to extract the source or assets of the App, except to the limited extent this restriction is prohibited by applicable law. Your rights in the music you make with the App, including the factory content in it, are set out in Section 11 and are broader than this App licence.

4. Purchases, price, and refunds

• Cue8 is a one-time purchase sold through the Apple App Store. Apple processes all payments; we never see your payment details.
• The purchase price may change over time. Any price change applies only to purchases made after it takes effect, if you have already bought the App, you keep your access without paying again.
• Refunds are handled by Apple under its standard policies. To request one, contact Apple Support; we cannot issue App Store refunds directly.
• Where Family Sharing is enabled for the App, your purchase may be shared with your Apple Family group in accordance with Apple's rules.

5. Your community account

• The core App works without an account. To publish to, or build a creator profile in, the community, you create a community profile linked to your Apple account. Your profile handle, your artist or display name, and a monogram avatar, your initials, in colours you choose, form your public creator identity.
• You are responsible for activity on your account. Do not impersonate others or create accounts to evade a suspension.
• You can delete your account from within the App. When you do, we take reasonable steps to remove your public profile and the content you have published, usually within 30 days. In rare cases some items may need a follow-up request. Copies already imported by other users, and limited backups or aggregate non-identifying statistics, may persist as described in Section 6.

6. The community and your content

"Your Content" means anything you publish or make available through the community (each published item, a "release"), including your projects and grooves, your profile handle, your artist or display name, and your monogram avatar (your initials and chosen colours).

• It is public. Anything you publish is stored in the App's public iCloud database and is visible to, and may be downloaded, imported, and used by, other Cue8 users. Do not put private, sensitive, or third-party personal information in Your Content.
• The rights you grant. You keep ownership of Your Content. You grant August Audio a worldwide, non-exclusive, royalty-free licence to host, store, reproduce, and display Your Content in order to operate the community. You also grant other Cue8 users who import Your Content a licence to reproduce, modify, adapt, create derivative works from, use, perform, and export (including as MIDI) the imported content for their own music-making. Rights granted to a user who has already imported Your Content are perpetual and survive your deletion of Your Content; otherwise the licence ends when you delete Your Content, apart from backups or logs kept for a reasonable period.
• Your promises. Each time you publish, you confirm that Your Content is yours or that you have all rights needed to share it and to grant the licences above, that it does not infringe anyone's intellectual property or other rights, and that it complies with these Terms and applicable law. If your groove recreates or is derived from someone else's composition, you are responsible for having the rights to share it.
• Content from others. Community content is created by other users, not by August Audio, and we do not verify that it is free of third-party rights. If you import, adapt, perform, or export (including as MIDI) content from the community, you are responsible for ensuring your use, including the distribution of a derived track, does not infringe anyone's rights.

7. Content rules: zero tolerance

We operate a zero-tolerance policy for objectionable content. You must not publish or share anything, including in a groove, handle, or name, that:

• is illegal, or promotes or facilitates illegal activity;
• sexually exploits or endangers minors in any way, this is reported to the relevant authorities and results in immediate, permanent termination;
• infringes anyone's copyright, trademark, or other intellectual-property or privacy rights;
• is hateful, harassing, threatening, defamatory, or that impersonates another person or brand;
• is sexually explicit, obscene, or gratuitously violent;
• is spam, a scam, or misleading, or that contains malware or links to harmful resources.

8. Moderation, reporting, and removal

• We use automated filters to screen handles, names, and text at the point of submission and block those that break these rules.
• You can report any published item or profile from within the App, and you can block any other producer, blocking removes their profile and content from your feeds.
• We aim to review reports of objectionable content as soon as reasonably possible, and normally within 24 hours, and then to remove or disable content that breaks these rules and, where warranted, remove the producer's community access. Content that sexually exploits minors or is otherwise seriously illegal is treated as a priority, removed, and reported to the relevant authorities.
• We may also review, hide, remove, or disable access to any content, and suspend a community account, where we reasonably believe these Terms or the law have been breached. Except where content is seriously illegal or we are legally required to act without delay, we will give affected users in the European Union a statement of the reasons for the action and a way to contest it. If you believe a removal or suspension was a mistake, contact us at the address in Section 22.

9. Copyright and takedown notices

We respect intellectual-property rights and expect users to do the same. We do not pre-screen or monitor community content for infringement, but we operate a notice-and-takedown process. If you believe content in the community infringes your copyright, send a notice to contact@augustaudio.io including:

• your physical or electronic signature;
• your name and contact details;
• identification of the work you say is infringed;
• identification of the specific community content and enough detail for us to find it;
• a statement that you have a good-faith belief the use is not authorised by the rights holder, its agent, or the law;
• a statement, made under penalty of perjury, that the information in your notice is accurate and that you are the rights holder or authorised to act on the owner's behalf.

We will review valid notices and remove or disable the identified content. If your content is removed and you believe that was a mistake, you may send a counter-notice to the same address including: your signature; identification of the removed content and where it appeared; a statement, under penalty of perjury, that you have a good-faith belief it was removed by mistake or misidentification; and your name, address, and phone number. Where the law provides for it, if the original complainant does not pursue legal action within 10 to 14 business days, we may restore the content. We terminate the accounts of users who repeatedly infringe.

10. Our intellectual property

The App, its name, logo, sounds, presets, factory templates, interface, and code are owned by August Audio or its licensors and are protected by law. Except for the licence in Section 3 and the Factory Content Licence in Section 11, these Terms grant you no rights in our intellectual property.

11. Factory content licence

"Factory Content" means the factory templates, presets, and sounds that ship with the App, and the official releases we publish to the community from the August Audio profile, in each case as they appear in music you make with the App. It does not include the App's code, interface, name, or logo, and it does not include content published by other users, which is covered by Section 6.

• Your licence. We grant you a worldwide, perpetual, irrevocable, non-exclusive, royalty-free, sublicensable licence to use, reproduce, modify, adapt, create derivative works from, perform, record, and distribute Factory Content as part of any musical work or audiovisual production, including commercial and synchronisation use. This expressly includes music you make for others, such as commissioned work, client work, advertising, film, games, and broadcast. No additional fee, notification, or credit is required.
• Your release chain is covered. The licence is sublicensable so that the parties who handle your finished work, such as labels, publishers, distributors, streaming services, and broadcasters, receive the rights they need from you without contacting us.
• It is permanent. This licence survives the end of these Terms, any suspension or termination under Section 16, and the deletion of your account. Future versions of these Terms will not narrow this licence for music you have already made.
• It prevails. This section applies to Factory Content however you obtained it, bundled with the App or imported from the official August Audio community profile, and where it conflicts with Section 3, 6, or 10 for Factory Content, this section prevails.
• What it does not cover. You may not redistribute Factory Content as content, on its own or as part of a sample pack, preset or template collection, or a competing product; use the August Audio or Cue8 names or branding, or suggest that we endorse your work; or use Factory Content as training data for a machine learning or generative AI model.

12. Privacy, analytics, and telemetry

Our handling of your information is described in our Privacy Policy, which forms part of these Terms. In summary:

• The core App works without an account, and your patterns, projects, and settings stay on your device and in your own iCloud storage. We have no access to them.
• Analytics are opt-in and off by default. Cue8 collects anonymous usage and diagnostic data only if you turn analytics on in the App's settings. You can turn them back off at any time, and turning them off stops further collection. Declining analytics does not limit any feature of the App.
• When analytics are on, the data is anonymous and is not tied to your identity, your community profile, or the content you make. There is no advertising identifier and no cross-app tracking. We do not currently use a third-party analytics provider. If we add one, it will be a privacy-focused provider acting on our behalf, the data will be kept no longer than needed and never more than 90 days, and we will say so in the Privacy Policy before that collection starts.
• Community participation includes anonymous, aggregate play counts. When you play a release from the community, including the factory templates, while you have a community profile, we record an anonymous count and length of the play to rank releases in the community. It carries no name or identifier, is kept for a limited period, and is recorded whether or not the optional analytics above are on. What you publish is public by design, as described in Sections 5 and 6, and is likewise separate from the optional analytics.

13. Availability and "as is"

• The App and its community are provided "as is" and "as available". To the fullest extent permitted by law, we make no warranties that the App will be uninterrupted, error-free, or that community content will always be available.
• The community relies on Apple's iCloud infrastructure. We do not guarantee that published content will be preserved, and you are responsible for keeping your own copies of work that matters to you. Cue8 exports MIDI; it does not export audio.
• We may change, suspend, or discontinue any part of the App or its community features.
• If you are a consumer, this section does not affect your statutory rights, including any legal guarantee that the App and its digital content conform to the contract; those rights apply in addition to these Terms.

14. Limitation of liability

Nothing in these Terms limits or excludes any liability that cannot be limited or excluded by law, including liability for death or personal injury caused by negligence, for fraud, for gross negligence or wilful misconduct, or any liability or remedy that cannot be limited or excluded under the mandatory consumer law of your country of residence. Subject to that, and to the fullest extent permitted by law, August Audio is not liable for indirect or consequential loss, loss of data, or loss of profit, and our total liability arising out of or relating to the App will not exceed the amount you paid for it.

15. Your responsibility

To the extent permitted by law, you agree to cover August Audio for reasonably foreseeable losses and costs arising from Your Content or from your breach of these Terms or of someone else's rights. This does not apply to losses caused by August Audio's own act or omission, and, if you are a consumer acting outside a business, applies only to the extent permitted by the mandatory law of your country.

16. Suspension and termination

If you materially or repeatedly breach these Terms, we may suspend or end your access to the community features, your profile, publishing, and social actions, in a way proportionate to the breach and, where required, with the statement of reasons described in Section 8. This does not remove your purchased right to use the core App, which you keep unless required otherwise by law or by Apple. You may stop using the App at any time and delete your account. Sections that by their nature should survive, including Sections 6, 10, 11, 14, 15, 18, and 21, continue to apply after termination.

17. Changes to these Terms

We may update these Terms from time to time. For material changes we will give reasonable advance notice, by updating the date above and, where appropriate, notifying you in the App, and such changes will not retroactively reduce rights you have already paid for. If you do not accept a material change, your remedy is to stop using the affected features and, if you wish, delete your community account; you keep your purchased App. Minor, non-material updates may be made without advance notice. Continuing to use a feature after a change to it takes effect means you accept the update for that feature.

18. Governing law and your consumer rights

These Terms are governed by the laws of the Republic of Türkiye. If you are a consumer, you keep the benefit of any mandatory consumer-protection rights of the country where you live, and nothing in these Terms overrides them or deprives you of the right to bring a claim in your local courts where the law gives you that right.

19. Apple App Store

• These Terms are between you and August Audio only, not Apple. Apple is not responsible for the App or its content.
• Your licence to use the App is limited to Apple-branded devices you own or control and is subject to the App Store Usage Rules.
• August Audio, not Apple, is solely responsible for the App, its content, maintenance, and support, and for any product warranties, whether express or implied. If the App fails to conform to any applicable warranty, you may notify Apple, and Apple may refund the purchase price to you; Apple has no other warranty obligation for the App.
• August Audio, not Apple, is responsible for addressing any claims relating to the App, including product-liability, legal or regulatory, and consumer-protection claims, and any claim that the App or your use of it infringes a third party's intellectual-property rights.
• You confirm that you are not located in a country subject to a U.S. Government embargo or designated as terrorist-supporting, and that you are not on any U.S. Government list of prohibited or restricted parties.
• Apple and Apple's subsidiaries are third-party beneficiaries of these Terms and may enforce them against you. You must also comply with any applicable third-party terms (for example, your wireless data-plan agreement) when using the App.

20. Point of contact for the community service

For matters relating to the community, users and authorities can reach August Audio electronically at contact@augustaudio.io, in English. Where we are required by law to appoint a legal representative for users in a particular region, that representative's details will be published here.

21. General

• If any provision of these Terms is held invalid or unenforceable, it is limited or severed to the minimum extent necessary, and the remaining provisions stay in full force.
• Our not enforcing a provision is not a waiver of our right to enforce it later.
• We may transfer our rights and obligations under these Terms to another party, provided this does not reduce your rights; you may not transfer yours without our consent.

22. Contact

General questions: contact@augustaudio.io. Copyright notices, abuse reports, and community/legal matters: contact@augustaudio.io. Postal: August Audio, Hamidiye Mah. Gürbüz Sk. No: 22/1 D: 9, 34782 Çekmeköy, İstanbul, Türkiye.