Terms of Service

§ 1 Contracting parties and scope

(1) These Terms of Service govern the legal relationship between the user and Patrick Stigler Tech, sole proprietorship, trading under the CutCue brand, Goethestraße 38, 70736 Fellbach, Germany ("CutCue"). The platform is available at cutcue.io and app.cutcue.io and associated subdomains.

(2) CutCue is exclusively directed at entrepreneurs within the meaning of § 14 BGB. Consumers within the meaning of § 13 BGB are excluded from use.

(3) By registering, the user confirms that they are acting as an entrepreneur within the meaning of § 14 BGB and accepts these Terms of Service.

(4) Deviating terms of the user do not apply unless CutCue agrees in text form.

§ 2 Subject matter of the contract

(5) CutCue is a cloud-based SaaS platform that enables automated analysis and evaluation of audio content. Use is browser-based without local installation.

(6) To provide the service, audio files are uploaded or imported via Twitch integration, processed automatically, and deleted no later than after 24 hours. Supported upload formats: MP3, WAV, FLAC, AAC, M4A, OGG, OPUS, PCM, WebM. Maximum file size: 2 GB per upload.

(7) Sub-processors used: Deepgram (speech-to-text), OpenAI (text analysis), IONOS SE (infrastructure), Cloudflare (network security), Netlify (frontend), Twitch Interactive, Inc. (VOD data source via OAuth, if activated by the user). Details in the privacy policy and the DPA.

§ 3 Trial / free tier

(8) CutCue may offer new users a free trial period. A trial is currently not offered. If a trial is introduced, its scope and terms will be shown on the website.

(9) The trial is limited to one account per natural person and per company.

(10) CutCue reserves the right to change, restrict, or discontinue the trial at any time.

(11) Trial credits expire when the trial period ends and cannot be transferred to a paid subscription.

(12) Users without an active subscription may only view analysis results already generated. New processing is not possible without an active subscription.

(13) By registering, the user accepts these Terms of Service and the privacy policy.

§ 4 Conclusion of contract and term

(14) A contract of use is formed upon successful registration at cutcue.io.

(15) Paid subscriptions are billed via Lemon Squeezy LLC, 222 S Main St, Suite 500, Salt Lake City, UT 84101, USA (merchant of record). The software usage contract exists exclusively between the user and Patrick Stigler Tech.

(16) Subscriptions run for 30 days (monthly plan) from the date of first payment and renew automatically unless cancelled in good time. Annual plans (365 days) are in preparation.

§ 5 Services and availability

(17) During the contract term, CutCue provides the user with the functions included in the booked plan and is entitled to further develop, modify, adapt, replace, or discontinue individual functions, provided the agreed core service remains available. CutCue aims for monthly availability of 99%. This target is an operational goal and does not constitute a contractual guarantee.

(18) Planned maintenance is announced in advance. Technical interruptions do not give rise to claims for reduction or refund unless due to intent or gross negligence on the part of CutCue.

(19) CutCue is entitled to restrict the service without prior notice if there is an urgent security need. Force majeure does not give rise to liability on the part of CutCue.

(20) Beta features are provided without warranty of availability, stability, or freedom from errors. Liability only in cases of intent or gross negligence.

§ 6 Credits and analysis balance

Please read this section carefully before purchasing a subscription or credit package.

6.1 Types of credits

• Subscription credits: credits regularly credited under the active plan.
• Rollover credits: unused subscription credits from the expired cycle that remain available for a further period.
• Package credits: credits purchased once (valid indefinitely while the account is active).

6.2 Subscription credits and rollover

(21) Subscription credits are credited at the start of each 30-day cycle.

(22) Unused subscription credits are automatically converted into rollover credits at the end of the cycle. Rollover credits expire after the following periods from creation:

(23) CutCue sends automatic reminder emails: (a) when a plan-specific credit threshold is undercut; (b) 7 days before rollover credits expire.

6.3 Package credits

(24) Package credits are purchased by one-off purchase via Lemon Squeezy and do not expire while the account is active. (25) Package credits are account-specific, non-transferable, and not redeemable for cash.

6.4 Order of consumption

(26) System-controlled order: 1. subscription credits of the current cycle, 2. rollover credits (oldest first, FIFO), 3. package credits.

6.5 Behaviour upon cancellation

(27) After cancellation, the subscription continues until the natural end of the current billing period. Rollover expiry periods continue as scheduled thereafter. Package credits are retained but frozen without an active subscription.

(28) Fees already paid and credits acquired are generally not refunded unless mandatory statutory provisions provide otherwise.

6.6 Credit price changes

(29) Adjustments to credit costs are announced by email at least 30 days in advance. Special right of cancellation until the change takes effect.

6.7 Consumed credits and refunds

(30) Credits are deemed fully performed digital services when used to execute a platform function and are not reclaimable. (31) In the event of unjustified chargebacks, CutCue is entitled to block the account and charge processing fees incurred.

§ 7 Prices and payment

(32) Valid prices as per cutcue.io, net plus statutory VAT. (33) Subscriptions are paid in advance; credit packages upon purchase. (34) Payment processing and invoicing exclusively via Lemon Squeezy LLC. (35) In the event of payment default, CutCue is entitled to block access. (36) Price changes are announced at least 30 days in advance; special right of cancellation until they take effect.

§ 8 Licence grant

(37) CutCue grants a non-exclusive, non-transferable, non-sublicensable right to browser-based use, limited in time to the contract term. (38) Not permitted: sharing login credentials, sublicensing, reverse engineering. (39) All rights in the platform, source code, databases, and algorithms remain with Patrick Stigler Tech. (40) The user retains all rights in uploaded content and analysis results to which they are entitled.

§ 9 User obligations and acceptable use

(41) The user uploads only audio content or imports Twitch content for which they hold all necessary rights.

(42) Where CutCue processes third-party personal data, the parties conclude the DPA at https://app.cutcue.io/dpa.

(43) When using the Twitch integration, the user expressly warrants that: (a) they are entitled to have the imported VOD content and the third-party data contained therein (chat messages, event data) processed by CutCue; (b) they comply with the Twitch terms of use; (c) they are the data protection controller for the processing of personal data of Twitch viewers (chat participants) in connection with their use and have ensured the necessary legal bases.

(44) The following uploads are expressly prohibited: (a) recordings without required consent; (b) content that unlawfully discloses third-party trade secrets; (c) content for the commission of criminal offences; (d) content for circumventing copy protection; (e) content that infringes copyright.

(45) Login credentials must be kept secure. Unauthorised use must be reported immediately. (45a) The user is responsible for exporting and backing up their own data.

(46) Prohibited: mass requests/scraping/API flooding; attempts to extract internal system architecture; attacks on infrastructure; resale without permission; use to create competing products.

(47) Violations entitle CutCue to block or delete the account.

§ 10 Indemnification

(48) The user indemnifies CutCue against all third-party claims arising from legal violations due to uploaded or imported content (in particular copyright, personality rights, data protection rights). (49) The indemnification obligation also includes the costs of reasonable legal defence.

§ 11 Limitation of liability

(50) Unlimited liability: CutCue is fully liable for damage resulting from injury to life, body, or health and for damage caused by intent or gross negligence on the part of CutCue or its vicarious agents.

(51) Limited liability for slight negligence: For slight negligent breach of essential contractual obligations (cardinal obligations), liability is limited in amount to the foreseeable, typical contractual damage.

(52) Exclusion: Otherwise, liability for slight negligence is excluded. In particular, CutCue is not liable for indirect damage, lost profit, data loss, production downtime, or consequential damage, insofar as legally permissible.

(53) Overall liability cap: CutCue's total liability to the user per damaging event is — insofar as legally permissible — limited to the fees actually paid by the user in the twelve (12) months before the event giving rise to the damage.

(54) The above limitations also apply to vicarious agents. The Product Liability Act remains unaffected.

§ 12 Disclaimer for AI results

(55) All automatically generated content (transcriptions, chapter markers, highlight suggestions, engagement graphs, analyses, subtitles) is produced by AI systems. CutCue does not warrant accuracy, completeness, or suitability. (56) The user checks AI results for accuracy before use.

§ 13 Data protection and processing

(57) Data processing in accordance with the privacy policy at https://cutcue.io/de/datenschutz/.

(58) Where users upload third-party personal data or import it via Twitch, the user is the controller and CutCue is the processor (Art. 4 No. 8 GDPR). The parties conclude the DPA at https://app.cutcue.io/dpa.

(59) Audio files and VOD audio are deleted after analysis, no later than after 24 hours. Twitch chat and event raw data are processed only in RAM and not stored persistently. Note: Deepgram may use audio data for model improvement (see privacy policy § 7.2).

§ 14 Confidentiality

(60) Both parties keep confidential information secret. Not confidential: generally known, already known, independently developed, or legally required disclosures. (61) The duty of confidentiality applies for the contract term and 5 years thereafter.

§ 15 Cancellation and termination

(62) The user may cancel at any time effective at the end of the billing period via account settings or by email to contact@cutcue.io. (63) CutCue may cancel on ordinary notice with 30 days' notice. (64) The right to extraordinary termination for good cause remains unaffected.

(65) The end of a subscription does not trigger automatic account deletion. After 24 months of inactivity without an active subscription, CutCue may delete the account and remove personal data within 30 days.

§ 16 Changes to these Terms of Service

(66) CutCue may change these Terms of Service for objectively justified reasons. (67) Changes are announced by email at least 42 days before they take effect, with notice of the change, deadline, right to object, and consequence of silence. (68) Failure to object within 42 days in text form constitutes consent. If the user objects, CutCue may terminate the contract at the time the change takes effect.

§ 17 Transfer of contract

(69) The user may not transfer rights and obligations without CutCue's written consent. (70) CutCue may transfer the contract to a legal successor in the context of business transactions.

§ 18 Applicable law and jurisdiction

(71) German law applies to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG). (72) Exclusive place of jurisdiction: Stuttgart, Germany.

§ 19 Final provisions

(73) Severability: Invalid provisions are replaced by valid provisions that come closest to the economic purpose. (74) Changes and supplements require text form. (75) Set-off is only permitted against undisputed or legally established claims.