Cueist app, associated website www.cueist.app, and services (collectively referred to as "Cueist") are created and operated by Denis Godeša. By accessing the website, registering an account or using the app, you acknowledge that you have read, understood, and agree to be bound by these Terms of service.
To use Cueist, you must be, and you must represent and warrant that you are at least 18 years old or otherwise of legal age in your jurisdiction, or, if you have parental consent, at least 13 years of age, and competent to agree to these Terms.
These Terms of service may change or update from time to time. In such cases, we will indicate at the bottom of the Terms of service the date these terms were last revised or post a notice on our website.
Cueist allows users to access and use a variety of pool training services on their mobile device, including a range of practice drills and performance statistics. We may modify or discontinue, temporarily or permanently, the services (or any part thereof) with or without notice. You agree that Cueist will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services.
In order to access and use the Cueist app, you may be required to have a user account. This account contains certain information about you that is submitted by you. Account information includes, but is not limited to, your name, email address, and password. You agree to provide and maintain accurate, current, and complete information about yourself. You may delete your account at any time, for any reason, by following the instructions in the app or contacting us at support@cueist.app.
You are solely responsible for all activity that occurs on your account. You must inform us immediately of any unauthorized use or any other breach of security. We cannot and will not be liable for any loss or damage arising from your failure to comply with these requirements.
We are providing you with access to Cueist pursuant to a personal, revocable, limited, non-exclusive, non-transferable, and non-sublicensable license. You can use Cueist for personal and non-commercial use only, and subject to these Terms of service. This license is available to you as long as you are not barred from Cueist by applicable law and your account is not terminated by you or by us.
Cueist app and services contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Any unauthorized use, reproduction, modification, creation of derivative works, distribution, display, or performance of the app or website content is strictly prohibited. You may not disassemble, reverse compile or reverse engineer any part of the app or website content.
You acknowledge and agree that any comments, suggestions, ideas, feedback, questions, or other information about the app, website or related services (collectively "feedback") provided by you to Cueist are non-confidential. Cueist may use and distribute this feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you. Cueist alone will own the right, title, and interest, including all related intellectual property rights, in and to all such feedback.
When you use our app, certain information is created; for example, data about your usage of the app, progress, and performance (collectively "training data"). You acknowledge that training data is owned by Cueist. Subject to these Terms, we grant you a personal, limited license to view your training data and share it for non-commercial use.
Cueist may establish general practices and limits concerning the use of the services, including limiting the maximum period of time your data will be retained by us. We also reserve the right to terminate accounts that are inactive for an extended period of time.
You acknowledge that Cueist has no responsibility or liability for the deletion or failure to store any data or other content maintained by Cueist. We regularly back up your account information and training data. However, backups may fail, and you acknowledge that we have no obligation to you for any such failures, or any damages related to them, which are outside of our reasonable control.
You are responsible for your use of the services and any use of the services made using your account. We strive to create a safe and positive user experience in our app, and we prohibit certain kinds of conduct that may be harmful to other users or to us.
You will not:
Engaging in prohibited activities and uses will cause immediate termination of your account and may also subject you to civil or criminal penalties.
We provide access to certain features in our app on a free basis. For a fee, we offer premium version (paid subscriptions) that includes additional features or enhanced functionality of the app. If you subscribe to a paid subscription, you agree to pay subscription fees along with any required taxes.
You must designate and provide information about your preferred payment method to pay the subscription fee. You are responsible for maintaining your payment information accurate and up to date. You hereby authorize us to collect the appropriate fees for your paid subscription via your designated payment method.
All subscription fees are payable in advance. They are billed automatically at the start of the applicable subscription period (monthly or annually). Subscriptions are auto-renewing, which means your Cueist account will be billed continuously until you terminate the subscription. After the first subscription period and again after any subsequent subscription period, your subscription will automatically renew for an additional corresponding period. All incurred charges for the paid subscriptions are final and non-refundable, except at our sole discretion.
If you do not pay the fees due for using the paid subscription, we will make reasonable efforts to inform you of payment failure. However, if the issue is not resolved, we reserve the right to disable your access to the paid subscription.
You can change or terminate your subscription through your Google Play Store account. After you cancel a subscription, it will remain active until the end of your current subscription period (for example, if you have a monthly subscription and cancel during a given month, you will be charged for the entirety of that month and keep access to the paid subscription through the end of that month). When you cancel a paid subscription, you retain your Cueist user account and access to the features in our app that are offered free of charge. Please note that deleting your Cueist user account or uninstalling the app will not terminate a subscription.
We reserve the right to change subscription fees or institute new fees at any time. We will give you advance notice of any such pricing changes by sending an email to the email address you provided for your account or through the notification in the app. If you choose not to pay new prices, you can terminate the subscription before the pricing change goes into effect.
Cueist app and website may contain links to other websites or services operated by third parties or refer to events or activities not owned or controlled by Cueist. We do not accept responsibility for the content of any third-party site or any links contained within third-party sites.
If you access a third-party site from Cueist, you do this at your own risk. You understand that these Terms of service do not apply to your use of such sites. Third-party sites are subject to their own terms and policies, including those relating to privacy, tracking, and information-gathering practices.
Cueist may also contain advertisements, which may be targeted to the content of the app, information on the website, or other user data. In consideration of Cueist giving you access to and use of the app, you agree that Cueist and its third-party partners may display such advertising in connection with the information submitted by you or others or the content of the app or website.
You agree to release, indemnify and hold Cueist and its developer Denis Godeša harmless from any and all losses, damages, and expenses, including attorneys' fees, rights, claims, actions of any kind, and injury (including death) arising out of or relating to your use of the app, any user content, your connection to the services, your violation of these Terms of service, your violation of third-party rights, or any violation of data protection or privacy laws.
The Cueist services are provided to you by Cueist on an "as is" and "as available" basis for your use at your own risk.
Cueist expressly disclaims all warranties of any kind with respect to the services, either express or implied, or statutory, including any warranties of title, noninfringement of third-party rights, merchantability, fitness for a particular purpose, accuracy, and quiet enjoyment.
Without limiting the generality of the foregoing, Cueist makes no warranty of any kind relating to accuracy or completeness of the services, results that may be obtained from your use of the services, or that the services will meet your requirements. Access and use of the services may be unavailable during system upgrades, malfunctions, maintenance, or for other reasons. Some jurisdictions do not allow the exclusions of implied warranties, so the above exclusions may not apply to you.
In no event will Cueist be liable to you or any third party claiming through you for any indirect, incidental, special, consequential, or exemplary damages resulting from or related to your access or use of the app or any service provided by Cueist, including but not limited to any damages resulting from loss of use or profits, inaccurate results, business interruption or damages arising from loss or corruption of data or data being rendered inaccurate, the costs of recovering any data, or claims by you or third parties for any damage to mobile devices, computers, modems, software, or other property.
Cueist's total aggregate liability to you or any third party claiming through you for any cause whatsoever is limited to the amount paid by you to Cueist in the twelve (12) months prior to the initial action giving rise to the claim. The existence of more than one claim will not increase this limit.
If you are a California resident, in accordance with California Civ. Code Section 1789.3, you are entitled to report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834. For more detailed information on how to contact them, visit their website at https://www.dca.ca.gov/about_us/contactus.shtml.
We respect the intellectual property of others. We will process and investigate any notice of alleged infringement and take appropriate actions under the Digital Millennium Copyright Act ("DMCA").
If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, contact us by email to support@cueist.app or at the following address:
Cueist
Denis Godeša,
Rusjanov trg 2,
1000 Ljubljana,
Slovenia, Europe.
Your complaint should include the following information:
Please note that any falsities in a written notification automatically subject you to liability for any damages, costs, and attorney's fees incurred by us in relation to the written notification and allegation of copyright infringement.
These Terms of service will remain in full force and effect for any period of time during which you are a user.
We may terminate your Cueist account and your use of the services immediately, at any time, for any reason including, without limitation, for lack of use or if we believe that you have violated or acted inconsistently with these Terms of service. Any suspected fraudulent, abusive or illegal activity that may be grounds for terminating your use of Cueist, may be referred to appropriate law enforcement authorities.
You may terminate your account at any time and for any reason by sending us a termination notice to our email at support@cueist.app or by following the instructions in the app. In the event that we suspend or terminate your use of the services or you close your account voluntarily, you understand and agree that you will receive no refund or exchange of any kind.
You acknowledge that termination of your account will involve deletion of your account information from our databases. We will have no liability whatsoever to you for any suspension or termination of your account, any suspension or termination of our app, or any deletion of any information you have provided to us.
We may modify the Cueist app at any time, for any reason. We may also, at our sole discretion and at any time, discontinue providing the services, or any part thereof, with or without prior notice. You agree that Cueist shall not be liable to you or any third party for any termination of your access to the services.
The provisions of these Terms of service relating to the protection and enforcement of Cueist's proprietary rights, your disclaimer of warranties, release and indemnities, limitations of liability and types of damages, ownership of data and information, governing law and venue, and miscellaneous provisions will survive any such termination.
We respect the privacy of our users. Use of Cueist is governed by our Privacy policy, which you can find at www.cueist.app/privacy-policy. By using the services, you consent to the terms of our Privacy Policy.
If you have any questions about these Terms of service, please contact us at support@cueist.app