Terms of service

Effective as of December 5th, 2019.

By accessing or using the Service or the getcue.app website (“Service”), a service provided by Four Dots Doo (“Four Dots Doo”, “Company”) or by clicking a button or checking a box marked “I Agree” (or something similar), you signify that you have read, understood, and agree to be legally bound by these Terms and Conditions (this “Agreement”, “Terms of Service”, “Terms of Use”) and to the collection and use of your information as set forth in our Privacy Policy (the “Privacy Policy”), whether or not you are a registered user of the Service. This Agreement applies to all visitors, users, and others who access the Service (“Users”).

Four Dots Doo reserves the right to update and modify the Terms of Service infrequently without notice, except when we are required to notify you in order to ask for your consent or to comply with your right to be informed. Continued use of the Service subsequent to any alterations you don’t need to be informed of, will establish your consent to such alterations. Violation of any of the terms below will lead to the termination of your Account. You agree to utilize the Service at your own risk. The Service is provided on an “as-is” and “as-available” basis. We reserve the right to update or modify our Service and its features, or create usage limits for the Service. Our employees are contractually obliged to respect your privacy and have received basic training in data protection best practices. You comprehend that Four Dots Doo uses third party vendors and hosting partners to provide fundamental software, hardware, storage, networking, and other related technology that is required to run the Service. Third-party service providers that we work with are required to offer the same degree of security and privacy as we do and to adhere to the same rules. When required, Privacy Policy pages of those providers will be made available to you.

Account Terms

You must be at least 16 years old to use this Service. Accounts registered by bots or other automated methods are prohibited. You must supply a valid email address so as to finalize the signup process. You are accountable for maintaining the security of your account and password. Four Dots Doo cannot and will not be held responsible for any mishaps or damage resulting from your inability to comply with this security obligation. You are held accountable for all Content posted and all activity that takes place under your account (even when Content is posted by others who have access to your account). You may not use the Service for any unconstitutional or illegal purpose. You must not, during the use of the Service, defy any laws in your jurisdiction (including but not limited to copyright laws). Likewise, as a user of our service, you will not: (a) access content or data not intended for you, probe, scan, or test the vulnerability of the Service, the Site, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfere or attempt to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site or Service, overloading, “flooding,” “spamming,” “ma or log onto a server or account that you are not authorized to access; (b) attempt to il bombing” or “crashing”; (d) upload personal data without first getting the consent of the data subject it is referring to.

You are solely accountable for correctly canceling your account through account settings inside app.getcue.app. Sending an email to [email protected] to cancel your account is not considered a cancellation. Most of your content will be momentarily removed from the service upon cancellation, however, some third-party providers we are using, like FastSpring, might need to keep some of your data until the period you have paid for expires. This information cannot be restored once your account is canceled.

Services

During the Term, we will provide the Services to the Client on, and subject to, the terms of this agreement.

Cue is a social proof and conversion rate optimization software. 

The purpose of the Service is to leverage Client’s Intercom or Custom user data to increase their number of trials, sales or leads by creating a sense of urgency and social proof because people tend to copy the actions of others in an attempt to undertake behavior in a given situation. All of the settings and authorizations are done by a Client. 

The Services do not provide an analysis of such information and data, and are not intended to amount to advice on which the Client should rely.

We may, from time to time during the Term:

• make new features, functionality, applications or tools available in respect of the Services;
• modify the Software by issuing updates or new releases;

provided that such change does not adversely affect the then existing functionality of the Services.

User Accounts

Your account on the Service (your “User Account”) gives you access to the services and functionality that we may establish and maintain from time to time and in our sole discretion. We may maintain different types of User Accounts for different types of Users. If you open a User Account on behalf of a company, organization, or other entity, then: (i) “you” includes you and that entity; and (ii) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to this Agreement, and that you agree to this Agreement on the entity’s behalf. By connecting to Cue with a third-party service, you give us permission to access and use your information from that service as permitted by that service, and to store your log-in credentials for that service.

You may never use another User’s User Account without permission. When creating your User Account, you must provide accurate and complete information, and you must keep this information up to date. You are solely responsible for the activity that occurs on your User Account, and you must keep your User Account password secure. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your User Account. You must notify Cue immediately of any breach of security or unauthorized use of your User Account. Cue will not be liable for any losses caused by any unauthorized use of your User Account.

You may control your User profile and how you interact with the Service by changing the settings in your Settings page. 

Limited License to use Services

If and when you access and/or use the above-described Services on the Site, the technology enabling you to do so is deemed under this Agreement to be licensed to you by the Company for your personal, non-commercial use only, unless you select a paid plan which allows commercial use of the Product by business entities and agencies. The Company does not transfer either the title or any of the intellectual property rights to the underlying software of the Services, and Company retains full and complete title to any and all intellectual property rights currently belonging to Company. Nothing contained on the Site or offered in the Services should be understood to grant you a license to use any of the trademarks, service marks, or logos owned by the Company.

Newsletter and Email Policy

If you have previously chosen to receive our newsletter, you can always opt-out by following the ‘unsubscribe’ link in the emails we send, in which case you will not receive regular information and words of advice regarding Cue. However, Four Dots Doo reserves the right to inform you of any major updates or other significant information regarding your account, as well as send courtesy follow-up emails regarding your trial period version for as long as your account is active. If you do not wish to receive these emails, please do not sign up for the newsletter, or delete your account.

Payment, Refunds, Upgrading and Downgrading Terms

There are three account types: Free Trial period with all features and functionalities included, Freemium (free) plan with limited features, and Premium (paid) plan with all features and functionalities included.
A valid credit card is needed for paying accounts. You can upgrade, downgrade or cancel your paying plan at any time. The Service is billed in advance on a monthly basis and is non-refundable. There will be no credits or refunds for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. To alter/cancel your service, log into your account and modify/cancel your actual plan. Most changes to your account will be instant, but some third-party solutions, like FastSpring, might need more time to remove you from their system.

Subscriptions to the Services will begin with a free trial period during which you can try out the Services for 14 days from the date you register (“Free Trial Period”). You can view our pricing page here.

Four Dots Doo reserves the right to occasionally and at any time modify or discontinue, temporarily or permanently, the Service (or any part of the Service) with or without notice. Prices of all Services, including but not limited to, monthly subscription plan fees to the Service, are subject to change upon 30 days’ notice from us. We may also terminate our Services at any time, without penalty, obligation to refund and without notice, if you fail to comply with any of the terms of this Agreement or the intellectual property protections applicable to these Services.

Supported Browsers

Cue supports present and previous major releases of Chrome, Firefox, Internet Explorer, and Safari. Every time a new version is released, we begin supporting that version and stop supporting the third most recent version. We are devoted to providing our clients with regularly advanced features and better user experience. We support the latest browser versions so that you can make the most out of Cue. Please contact our support team for any inquiries you might have.

Copyright and Content Ownership

You are not allowed to duplicate, copy, or reuse any quantity of the HTML/CSS/JS or visual design elements without express written permission from Four Dots Doo. The look and feel of the Service is the copyrighted property of Four Dots Doo. The entirety of the content posted on the Service must comply with Serbian copyright laws.

Controlling Law and Jurisdiction

These Terms will be interpreted in accordance with the laws applicable in Serbia, without regard to its conflict-of-law provisions. You and we hereby agree, for any claim or lawsuit resulting from any reason whatsoever in relation to these Terms, the Software, or the Website, to attorn to the judicial district of Belgrade, Serbia, as the relevant location for the hearing of said claim or lawsuit and excluding any other judicial district or any other district which might have jurisdiction concerning any such matter.

Privacy

Protecting our customers’ information and privacy is our main priority. Cue’s privacy policy incorporates its employees, partners, affiliates, and contractors.

We consider information about our customers, including personal information, strictly confidential and consistent with all legal and regulatory requirements. We use a synthesis of technology and standard practices to ensure that your information is secured from unauthorized access or exposure. The information we collect about you in the course of conducting normal business will only be shared with third parties upon your consent or as required by law. We gather customer information based on our mutual business relationship and your use of the services and solutions we provide.

Some Examples Include:

• Contact information that allows us to communicate with you, including your name and email address.
• Billing information concerning your financial relationship with us, including your payment data and history. Our third-party payment provider, FastSpring, must receive your payment data in order to process your payment with Cue. However, we don’t store your credit card data anywhere. You can view the FastSpring privacy policy here: FastSpring Privacy Policy and Terms of use.
• Data used for connecting our social proof solution to your or your clients’ data sources.

For additional information or to address any concerns, please contact [email protected] or refer to our Privacy Policy page.

Do You Store My Passwords?

Yes, but only for your account login, in an encrypted state. The majority of data source providers obtain a secure way of authentication that does not require you to provide your credentials. For connecting your Cue account with your Intercom account we use the standardized process of OAuth 2.0. We only encrypt and store the secure token that is given by the API provider when you finish the authorization process. This makes it possible for us to fetch data and generate your unique Cue code for your website. Other data sources will need an API key. This key is sensitive and must be handled like a password.

How Safe is Cue?

Internet communications between Cue and all 3rd party APIs use SSL encrypted HTTPS connections. We know that data confidentiality is of the utmost importance to our clients and their trust in our product is dependent on our capacity to protect their data. Therefore, we are dedicated to implementing the best security practices in the industry.

What Customer’s Data do you Store?

We store aggregate data of your Intercom account or custom data in our database. This is for performance purposes only. 

In order to keep your data safe, we protect it through pseudonymisation. This data masking method strips data of personal identifiers, making it impossible to connect sets of data to particular data subjects without additional information (often an encryption key). This additional information is stored separately, which significantly reduces the risk of personal data being compromised during potential breaches.

Most of the time, data from data source providers is read-only; therefore, under no circumstances can we add, update or delete it. If you want data that we are not controlling but only processing to be deleted or modified, we can convey your wishes to the data controller, but we are not responsible for when or whether they will comply.

Data Property

You are the owner of your data. We do not use any integration provided data. Any stored data will be deleted upon a client’s request, apart from the data we are not in control of, but are only processing. The only exception to this is when Cue needs to rely on a legitimate interest lawful basis and keep a record of our previous clients’ emails in a separate database, in order to prevent the abuse of our free trial program. We only keep the email address without any associated personal data we may have previously been at the disposal of.

Four Dots as a processor of User/Client Data

Depending on the context of the personal information you provide, Four Dots may be the data controller (“controller”) or data processor (“processor”) of your personal information under this policy. Four Dots is a processor of Client Data, personal information submitted to the Service or collected through the Service on behalf of or at the direction of subscribers.

Service Users may not upload personal data without first getting consent from the subjects that data is pertaining to or without qualifying for a different lawful basis. If we find out that you have been uploading data you are not authorized to handle, we reserve the right to delete the data in its entirety.

Article 28 of the GDPR specifies that the relationship between the controller and the processor should be made in writing (electronic form is acceptable under subsection (9) of the same Article). Four Dots’ Terms and Conditions and Privacy Policy serve as your data processing agreement, setting out the instructions that you are giving to Four Dots with regard to processing the personal data you control and establishing the rights and responsibilities of both parties. Four Dots will only process your Client Data based on your written instructions as the data controller unless required by law to act without such instructions.

Who Will Have Access to My Data?

You and those to whom you authorize access to your Cue app.

Our staff might access your data for debugging any issues or to make minor adjustments with the goal of improving performance. This will be tracked in our logs, so you can revise the full extent of our interactions with your data, since the moment we receive it. Cue will not reveal your data to anyone, under any circumstances.

What Happens When I Delete a Cue account?

Everything is deleted, along with your configuration, as well as any data we would have retrieved and stored.

Indemnification

You hereby agree to indemnify and hold harmless the Company, its assignees, and/or successors in interest from and against any and all claims, damages, liabilities, costs and expenses, including legal expenses and reasonable counsel fees, arising out of any breach or alleged breach of your warranty, representation or agreement, express or implied, made by you herein, which results in a judgment by a court of competent jurisdiction.

User Content

Content Uploaded to Cue

You are legally responsible for all information, data, text, software or other materials uploaded, posted, stored and/or shared online in connection with your use of the Services (“Content”). Company is not responsible for your Content; you are solely responsible for any Content that may be lost or unrecoverable through your use of the Services. You are encouraged to back up your Content regularly and frequently.

You hereby grant Company a limited license to use the Content you upload or otherwise make available to the Service for the purpose of enabling your use of the Service, and for the purpose of enabling the Service to provide you with its Product. By posting, uploading, displaying, transmitting, or otherwise distributing Content to the Site or Service, you are granting Company, its affiliates, officers, directors, employees, agents, and representatives a worldwide, perpetual, royalty-free, non-exclusive license to host and use the Content in connection with the Service, including without limitation the right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, and reformat your Content. You will not be compensated for the Company’s use of your Content. By uploading Content to the Site or Service you warrant and represent that, in accordance with Section 13.4., you own the rights to the Content or are otherwise authorized to post, display, perform, transmit, or otherwise distribute your Content.

By accepting these Terms of Service, you also accept that we can use your company’s logo for informational and referral purposes on our website (getcue.app) or in other publications mentioning Cue.

No Warranties

The Company hereby disclaims all warranties. The Company is making the site available “as is” without warranty of any kind. You assume the risk of any and all damage or loss from the use of, or inability to use, the site or the Service. To the maximum extent permitted by law, the company expressly disclaims any and all warranties, express or implied, regarding the site, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose, or non-infringement. The company does not warrant that the site or the service will meet your requirements or that the operation of the site or the service will be uninterrupted, timely, virus or error-free, or that data displayed by the services will be accurate or reliable.

Limited Liability

The Company’s liability to you is limited. To the maximum extent permitted by law, in no event shall the company, its affiliates or suppliers be liable for damages of any kind (including, but not limited to, special, incidental, or consequential damages, lost or compromised data, lost profits or revenue due to service interruption or computer failure, regardless of the foreseeability of those damages) arising out of or in connection with your use of the site or services of the company. You hereby agree that the company’s liability to you will not exceed any fees paid by you to the company for the service. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action.

Links and Affiliated Sites

The Company has no control over, and no liability for any third-party websites or materials. The Company works with a number of partners and affiliates whose Internet sites may be linked to or from the Site. Because neither Company nor the Site has control over the content and performance of these partner and affiliate sites, Company makes no guarantees about the accuracy, currency, content, or quality of the information provided by such sites, and the Company assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites. Similarly, from time to time in connection with your use of the Site, you may have access to content items (including, but not limited to, websites) that are owned by third parties. You acknowledge and agree that Company makes no guarantees about, and assumes no responsibility for, the accuracy, currency, content, or quality of this third party content, and that, unless expressly provided otherwise, these Terms of Use shall govern your use of any and all third party content.

Severability; Waiver; Assignment

If for whatever reason, a court of competent jurisdiction finds any term or condition in these Terms of Use to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of these Terms of Use shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party. Four Dots may assign or delegate some or all of its rights and obligations under this Agreement.

Modifications and Amendments

Company may, in its sole discretion and without prior notice, (a) revise these Terms of Use; (b) modify the Site and/or the Service; and (c) discontinue the Site and/or Service at any time. Company shall post any revision to these Terms of Use to the Site, and the revision shall be effective immediately upon such posting. You agree to review these Terms of Use and other online policies posted on the Site periodically to be aware of any revisions. You agree that, by continuing to use or access the Site following notice of any revision, you shall abide by any such revision.

Publicity

The Client hereby gives Four Dots permission to refer to the Client and the Services provided to the Client under this agreement, and use the Client’s corporate logo in connection with the promotion of the Services in any media during the Term, including but not limited to the website getcue.app. If you want to revoke this permission, you can contact us on [email protected].

Do You Have Any Additional Questions or Concerns?

Do not hesitate to contact us at [email protected].