Terms and Conditions

1. Acceptance of Terms

By accessing or using CueCall ("the Service"), you agree to be bound by these Terms and Conditions. If you do not agree to these terms, you may not use the Service.

CueCall is a cloud-based production management platform designed for theatre organizations to manage productions, coordinate teams, and organize creative and logistical elements.

Operating Entity: CueCall is owned and operated by Daily Evolution LLC, a limited liability company. All references to "CueCall," "we," "us," or "our" in these Terms refer to Daily Evolution LLC.

2. User Accounts

Account Creation: You must create an account to use certain features of the Service. You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate and current.

Account Security: You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.

Age Requirements: If you are under 18 years of age, you must have permission from a parent or legal guardian to use the Service. Accounts are not offered to children under 13: creating an account requires attesting that you are at least 13 years old. A child under 13 may still take part in a production — a parent or legal guardian creates and holds the account, and the child participates through it. Where a production collects a date of birth and it shows a cast member is under 13, the Service will only send that person's invitation to the parent or guardian email on their profile.

Children under 13 may not submit information through public audition or signup forms on their own behalf; a parent or legal guardian completes the form and states that they are doing so.

Educational Institutions: Schools and educational institutions using the Service agree to comply with FERPA (Family Educational Rights and Privacy Act) and COPPA (Children's Online Privacy Protection Act) as applicable, including obtaining necessary consents for student data. CueCall does not currently rely on the school-consent pathway COPPA permits in place of parental consent for children under 13; the guardian-held account described above applies to school productions as it does to any other. Section 9 sets out our commitments for student information, and educational institutions may request a Data Protection Agreement by contacting us.

Audition Registrants (No Account Required): Certain features allow individuals to submit information through public pages without creating an account — for example, registering for a theatre organization's auditions. By submitting such a form, you agree to these Terms and our Privacy Policy. Information you submit through a public audition page is collected on behalf of, and shared with, the theatre organization that published the page. If the person registering is under 18 years of age, a parent or legal guardian must review and provide the required acceptances on their behalf.

3. Service Description and Use

CueCall provides tools for managing theatre productions, including but not limited to:

• Show, scene, character, and script management
• Cast and crew coordination, including casting and auditions, public signup sheets, and volunteer scheduling
• Inventory tracking (props, costumes, sets, equipment) and costume measurements
• Scheduling, calendar feeds, rehearsal planning, and rehearsal reports
• Budget and expense tracking, and hours and compensation tracking for a production's team
• File storage and sharing
• Notes, announcements, tasks, and other collaboration tools
• Public pages a production or organization chooses to publish, such as a show program or a company page
• Organization tools, including membership programs, member communications, and fundraising records (Section 8)
• AI-assisted features (Section 5)
• A Marketplace for renting theatre items between organizations (Section 6)
• An iOS app that provides access to the same Service

Some features can be turned on or off per production or per organization, and some are made available to particular customers before general release. The features available to you are the ones shown in the Service.

You agree to use the Service only for lawful purposes and in accordance with these Terms.

Messages sent on your behalf: Several features send email or push notifications to people you have added to a production or organization — announcements, audition notices, cast offers, rehearsal reports, member messages, signup reminders, and similar. When you use them, you are the sender. You are responsible for having the right to contact each recipient, for the content of the message, and for honoring any request to stop. You may not use these features to send unsolicited commercial email or messages to people who have no connection to your production or organization. We may limit, delay, or suspend sending that generates complaints or appears to be abusive.

Public pages: Where the Service lets you publish a page that anyone with the link can open — a show program, a company or production page, a signup sheet, an audition page, a costume slideshow — you decide what goes on it and you are responsible for it, including for obtaining any consent the people named on it require. We may unpublish a page that violates these Terms.

4. User Content

Your Content: You retain all rights to content you upload, create, or share through the Service ("User Content"), including production files, notes, photos, budgets, and other materials.

License to CueCall: By uploading User Content, you grant CueCall a non-exclusive, worldwide, royalty-free license to store, process, and display your content solely for the purpose of providing the Service to you.

Your Rights to Upload and Share: You may upload, share, or otherwise make available through the Service only content that you own or that you are licensed or otherwise legally permitted to use in that way. By uploading or sharing User Content, you represent and warrant that (a) you own it or have obtained every license, right, consent, and permission needed to upload it, share it with the people you share it with, and grant the license above; (b) where the content depicts or contains the personal information of other people, you have any consent the law requires to provide it; and (c) neither the content nor CueCall's use of it as permitted by these Terms will infringe or misappropriate anyone else's rights. This applies to every kind of content, including scripts, scores, recordings, choreography, designs, photos, and files you upload for use with AI features. If you are uploading on behalf of a theatre organization, you represent that the organization holds those rights and that you are authorized to act for it.

Content Restrictions: You agree not to upload or share content that:

• Violates any third-party rights, including copyrights, trademarks, or privacy rights
• Contains unlawful, harmful, threatening, abusive, or offensive material
• Contains viruses, malware, or other harmful code
• Violates any applicable laws or regulations

Copyright Compliance: Theatre organizations are responsible for ensuring they have appropriate rights and permissions for scripts, music, choreography, and other copyrighted materials used in their productions.

Organization Waivers and Agreements: Theatre organizations may upload their own waiver or agreement documents (such as participation waivers, photo releases, or codes of conduct) for audition registrants to review and acknowledge. Such documents are agreements solely between the registrant and the organization that provided them; CueCall is not a party to those agreements and is not responsible for their content, validity, or enforceability. Organizations are solely responsible for ensuring their waiver documents comply with applicable law and for obtaining any consents those laws require.

5. AI Features

Some features use artificial intelligence to generate or extract content — for example suggesting scenes and characters, drafting descriptions and messages, reading a cast list or schedule out of a document you upload, and generating images or short video for backdrops, posters, and design references. These features run on third-party models, currently Google’s Gemini and Veo models. Content you submit to an AI feature is sent to that provider to produce the result; see the Privacy Policy for what is sent and when.

Your own API key: If you or your organization supply your own Google API key, AI features run on that key, we do not charge you for them, and your agreement with Google governs that use. Keep that key confidential; you are responsible for charges Google bills to it.

Output: AI output is generated automatically and may be inaccurate, incomplete, or unsuitable for your production. Review it before relying on it. You are responsible for how you use AI output, including for confirming that an image, description, or document is accurate and appropriate before you publish it or share it with your cast and crew. As between you and CueCall, you own the output generated from your prompts and content, subject to the rights of others; because models can produce similar output for different users, we do not guarantee that output is unique or protectable by copyright. The Service marks AI-generated images so you can tell them apart from photographs.

What you may not do: You may not use AI features to generate the likeness of a real person without their consent, to generate content that is unlawful or that violates Section 4, or to submit content to an AI feature that you do not have the right to use in that way (Section 4, Your Rights to Upload and Share).

Charges: Most AI features are paid for with AI credits (Section 7). Import assistance on documents you have already uploaded is free within a daily limit. A generation that fails is not charged; video generation is charged when it starts and refunded if it fails.

6. Marketplace

The Service includes a Marketplace where organizations can list, discover, and arrange rentals of theatre items (props, costumes, equipment, etc.).

Listing Accuracy: Users listing items for rent agree to provide accurate descriptions, photos, pricing, and availability information.

Rental Agreements: CueCall facilitates communication between parties but is not a party to rental agreements. Rental terms, the rental price, deposits, insurance, delivery, item condition, and any damage or adjustment are the responsibility of the organizations involved. Unless a payment feature described below is offered and used, rental amounts are settled directly between the organizations, outside the Service. An owner may set its own rental terms, which the renter accepts in the Service; we record that acceptance, including the time, IP address, and browser used, as evidence for both parties.

CueCall Booking Fee: Where a booking fee is enabled, the renting organization pays CueCall a flat fee, shown before payment, to confirm an approved request; the booking is confirmed when the fee is paid. The fee is charged by CueCall through Stripe and is separate from any rental amount owed to the owner. If the renter cancels after paying, the fee is not refunded. If the owner cancels a confirmed booking, the fee is refunded in full. If we offer to process rental payments through the Service, the fees and terms for that will be shown where it is offered, before you pay.

Liability: CueCall is not responsible for disputes, damages, losses, or injuries related to rental transactions conducted through the Marketplace.

7. Payment: Shows, Plans, and AI Credits

Certain features of the Service require payment. Prices are shown in the Service at the time of purchase, in U.S. dollars unless stated otherwise, and payments are processed by Stripe. By purchasing, you agree to pay the price shown and any applicable taxes. Some or all of these charges may be switched off for a period; while they are, the corresponding features are free.

Free shows: Each account, and each organization, may create a stated number of shows at no charge; each free show includes a year of full access from the day it is created. After that year, and for any show beyond the free allowance, the show becomes read-only until it is purchased or covered by a plan. Read-only means you and your collaborators can still open, view, and export everything in the show; nothing is deleted. A new show beyond the free allowance gets a short grace period of full access so you can decide.

Show purchase: A show purchase is a one-time payment for one year of full access to one show, added to any access the show still has. It does not renew automatically. Only the show’s owner can purchase it; collaborators never pay. Once purchased, a refund ends that access immediately.

Unlimited plan: The Unlimited plan is a yearly subscription that covers every show its holder owns — a personal plan covers shows you own personally, and an organization plan, purchased by an organization owner or admin, covers that organization’s shows. It is billed in advance and renews each year until cancelled. You may cancel at any time through the billing portal; cancellation takes effect at the end of the paid year, and no refund is given for the unused part of a year. If a renewal payment fails, it is retried; access ends if it cannot be collected. We will tell you before a price change takes effect for your next renewal, and at least 30 days before if the change is an increase.

AI credits: AI features are paid for with prepaid credits. Credits are sold in packs at the prices shown, are added to the balance of the account or organization that bought them, and are spent by AI features at the per-action costs shown in the Service before you run them. New accounts receive a starting grant of credits at no charge. Credits do not expire, have no cash value, cannot be transferred between accounts, and are not refundable except where the law requires. If a credit purchase is refunded or disputed, the unspent credits from that pack are removed. An organization’s credits pay for work on its shows; a member may choose, for a single generation, to pay for organization work from their own credits instead. We may change credit prices and per-action costs; a change applies to purchases and generations made after it takes effect, never to credits already bought.

Refunds and disputes: To request a refund, contact support with the payment reference from your receipt. If a payment is refunded or charged back, the access or credits it bought are withdrawn. We may suspend an account that disputes charges for services it has used.

8. Organizations Collecting Money Through the Service

Some organization features involve money that is not ours. In each case the organization, not CueCall, is the party collecting it.

Membership dues: An organization may collect membership dues through its own Stripe account, which it connects to the Service. The organization is the merchant of record: the payment is between the member and the organization, funds settle to the organization’s Stripe account, and the organization is responsible for its pricing, its refund policy, taxes, disputes, and compliance with Stripe’s terms and applicable law. CueCall never holds these funds. If we introduce a platform fee on dues, we will tell the organization before it applies. Members manage their payment method and cancellation through the billing portal the organization’s Stripe account provides.

Fundraising records: An organization may connect its own fundraising platform account (currently GiveButter) so that donations appear in its member records. CueCall does not process those donations; it reads records the organization’s own account provides and stores the gifts the organization records by hand. The fundraising platform’s terms govern the donations themselves.

Hours and compensation: The hours feature lets a production record hours worked and calculate stipends or hourly amounts for its own use. CueCall is not an employer, a payroll provider, or a payment service for those amounts. The organization is solely responsible for how it classifies and pays the people who work on its productions, and for complying with wage, labor, and tax law.

9. Student and School Users

When a school, district, college, or other educational institution uses the Service, information about its students may be education records under FERPA and student data under state student privacy laws (for example California’s SOPIPA, New York Education Law §2-d, and Illinois’ SOPPA). In addition to everything else in these Terms and the Privacy Policy, CueCall commits to the following for that information:

• We use student information only to provide the Service to the institution and for the purposes the institution directs, acting as a “school official” with a legitimate educational interest where FERPA applies
• We do not use student information for targeted advertising, do not build a profile of a student for any purpose other than providing the Service, and do not sell it
• We do not disclose student information to third parties except to the service providers listed on our sub-processor page, as the institution directs, or as the law requires
• The institution owns and controls its student information. It can export it, correct it, and delete it through the Service, and we will delete it on the institution’s written request unless the law requires us to keep it
• We protect student information with the security measures described in the Privacy Policy and will notify the institution without unreasonable delay if we learn of a breach affecting it
• On request, we will enter into a data processing agreement with the institution that documents these commitments

Students under 13: CueCall does not rely on school consent in place of parental consent under COPPA. A student under 13 takes part through an account held by a parent or legal guardian, as Section 2 describes, in a school production as in any other. An institution that wants to use the Service with students under 13 must be able to reach each student’s parent or guardian for that purpose.

Students 13 to 17: A student who is at least 13 may hold their own account with a parent or legal guardian’s permission (Section 2). The institution is responsible for obtaining any consent its own policies or state law require before adding a student to a production.

10. Data Storage and Backups

While we implement reasonable measures to protect and backup your data, you are solely responsible for maintaining your own backups of important information.

CueCall is not liable for any loss, corruption, or deletion of User Content. We recommend regularly exporting and backing up critical production data.

11. Intellectual Property

The Service, including its design, features, functionality, and underlying technology, is owned by CueCall and protected by copyright, trademark, and other intellectual property laws.

You may not copy, modify, distribute, sell, or create derivative works from the Service or its proprietary elements without our express written permission.

12. Copyright Policy (DMCA)

We respect the intellectual property rights of others and expect users of the Service to do the same. We respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act (DMCA).

Reporting infringement: if you believe material on the Service infringes your copyright, send a written notice to our designated copyright agent at dmca@cuecall.app (Daily Evolution LLC, Attn: Copyright Agent). Your notice must include:

• A physical or electronic signature of the copyright owner or a person authorized to act on their behalf
• Identification of the copyrighted work claimed to have been infringed
• Identification of the material claimed to be infringing and information reasonably sufficient to locate it
• Your contact information, including address, telephone number, and email address
• A statement that you have a good-faith belief that the use is not authorized by the copyright owner, its agent, or the law
• A statement, made under penalty of perjury, that the information in the notice is accurate and that you are the copyright owner or authorized to act on their behalf

What we do: upon receiving a compliant notice, we will remove or disable access to the material and notify the user who provided it.

Counter-notice: if you believe your material was removed in error or through misidentification, you may send a counter-notice to the same address containing your signature, identification of the removed material and where it appeared, a statement under penalty of perjury that you have a good-faith belief the material was removed by mistake or misidentification, your contact information, and your consent to the jurisdiction of the federal court for the district where you reside (or, if outside the United States, any district in which we may be found). Unless the original complainant notifies us that they have filed a court action, we may restore the material in 10 to 14 business days.

Repeat infringers: we will terminate, in appropriate circumstances, the accounts of users who repeatedly infringe the copyrights of others. Submitting a materially false notice or counter-notice may make you liable for damages.

13. Privacy and Data Protection

Your use of the Service is also governed by our Privacy Policy, which describes how we collect, use, and protect your personal information. By using the Service, you consent to our data practices as described in the Privacy Policy.

Support sessions: To help with a support request, a CueCall administrator may open a time-limited, read-only view of your account. Every support session is logged with the administrator’s name and the reason, and billing, AI generation, stored API keys, and account deletion are never reachable from one.

14. Disclaimers and Limitation of Liability

Service "As Is": The Service is provided "as is" and "as available" without warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.

No Guarantee: We do not guarantee that the Service will be uninterrupted, error-free, or free from viruses or other harmful components.

Limitation of Liability: To the maximum extent permitted by law, Daily Evolution LLC and its officers, directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or other intangible losses, arising from your use of the Service.

Liability Cap: In no event shall the total liability of Daily Evolution LLC exceed the amount you have paid to us in the twelve (12) months preceding the claim, or one hundred dollars ($100), whichever is greater.

15. Indemnification

You agree to indemnify and hold harmless Daily Evolution LLC and its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from your use of the Service, your User Content (including any claim that your User Content infringes or misappropriates a third party's copyright, trademark, privacy, or other rights), or your violation of these Terms.

16. Termination

We reserve the right to suspend or terminate your access to the Service at any time, with or without cause or notice, including for violation of these Terms.

Upon termination, your right to use the Service will immediately cease. We may delete your account and User Content, though we will make reasonable efforts to provide you an opportunity to export your data.

17. Modifications to Terms

We may modify these Terms at any time. We will notify users of material changes via email or through the Service. Your continued use of the Service after such changes constitutes acceptance of the modified Terms.

If you do not agree to the modified Terms, you must stop using the Service.

18. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the United States, without regard to its conflict of law provisions.

Any disputes arising from these Terms or your use of the Service shall be resolved through binding arbitration, except that either party may seek injunctive relief in court for intellectual property matters.

19. Miscellaneous

Entire Agreement: These Terms constitute the entire agreement between you and Daily Evolution LLC regarding the Service and supersede all prior agreements.

Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

Waiver: No waiver of any term shall be deemed a further or continuing waiver of such term or any other term.

iOS app: These Terms are between you and Daily Evolution LLC, not Apple. Apple is not responsible for the app or its content, has no obligation to provide maintenance or support for it, and is not a party to these Terms; Apple and its subsidiaries are third-party beneficiaries of this section and may enforce it against you. Purchases are made on our website through Stripe, not through the App Store, and the app must be used in compliance with the App Store terms.

20. Contact Information

If you have questions about these Terms, contact us at support@cuecall.app or through the support channels available within the Service.

• Privacy questions and requests: privacy@cuecall.app
• Copyright notices (Section 12): dmca@cuecall.app