TERMS OF SERVICE
CUE_PROTOCOL

Effective: 2026-01-01 · Jurisdiction: State of Delaware, USA · Document Hash: accepted_terms_v1.0

→ Attestation → DMCA → Stripe Isolation → Section 230 → Fail-Safes → Jurisdiction

§ 1.0

Attestation Warranties

By uploading any asset to CUE, the User unconditionally attests and warrants that:

[01] The User holds full, exclusive, and unencumbered copyright, master, and publishing rights to every sample, stem, vocal, and instrument contained in the uploaded master file.
[02] No uncleared third-party samples, AI-generated voice clones, or interpolations of pre-existing copyrighted works are embedded within the asset.
[03] All collaborators (producers, features, songwriters, engineers) have executed written split agreements PRIOR to upload and have consented to distribution via the CUE protocol.
[04] The User indemnifies and holds harmless CUE, its operators, infrastructure providers, and payment processors against ANY claim arising from breach of this attestation, including but not limited to legal fees, settlements, statutory damages, and reputational claims.

Breach of any clause in §1.0 results in immediate asset takedown, account termination, and forfeiture of all pending and cleared balances under §3.0.

§ 2.0

DMCA Safe Harbor

CUE operates as a neutral conduit under 17 U.S.C. § 512 (Digital Millennium Copyright Act, Safe Harbor provision).

[01] CUE does not pre-screen, curate, or editorially endorse User-uploaded masters.
[02] Designated DMCA agent: legal@cue.audio. Valid takedown notices are actioned within 48 business hours.
[03] Repeat infringers (3 substantiated notices in any 12-month period) are permanently terminated under §1.0 indemnification.
[04] Counter-notices must include sworn statement under penalty of perjury and submission to Delaware federal jurisdiction.

§ 3.0

Stripe Isolation & Payout Escrow

CUE is a sub-merchant facilitator. All payment rails are operated by Stripe Connect under Stripe's Connected Account Agreement.

[01] CUE does not hold, custody, or commingle User funds. Balances reside in Stripe Connect sub-merchant accounts.
[02] All artist/label revenue is held in a 7-day pending_clearance escrow from transaction timestamp before becoming withdrawable.
[03] CUE platform cut (10%) routes instantly and is non-refundable except under §4.0 fail-safe rules.
[04] Stripe processor fees (2.9% + $0.30) are deducted from the gross at point of capture and are never recoverable.

§ 4.0

Section 230 / Communications Decency Act

CUE is an interactive computer service under 47 U.S.C. § 230 and is not the publisher or speaker of any information provided by another information content provider.

[01] User-generated content (titles, metadata, semantic tags, masters) is the sole responsibility of the uploading User.
[02] CUE retains good-faith moderation discretion under § 230(c)(2) without forfeiting safe harbor.

§ 5.0

The Four Scenario Fail-Safes

SCENARIO 01 · STOLEN SAMPLE LAWSUIT

If a third party initiates litigation alleging uncleared sample use, CUE invokes §1.0 indemnification. All pending_clearance balances on the implicated User's account are immediately frozen pending resolution. CUE's maximum liability exposure is capped at the platform cut earned from the specific infringing asset.

SCENARIO 02 · FINANCIAL CHARGEBACKS

Upon receipt of a Stripe chargeback notification, the corresponding transaction's sub-merchant balance is frozen via admin freeze_transaction action. If the chargeback prevails, the artist/label share is clawed back via clawback_transaction. The User authorizes CUE to debit unwithdrawn balances to cover the dispute.

SCENARIO 03 · SERVER / DATA OUTAGES

CUE's cumulative liability for downtime, data loss, or infrastructure failure (including upstream providers) is capped at the LESSER of: (a) the User's trailing 30-day platform cut, or (b) USD $100.00. No consequential, incidental, or lost-profit damages are recoverable.

SCENARIO 04 · INTERNAL ROSTER DISCONNECT

Inter-roster disputes (producer/artist/label split conflicts, ownership claims, unauthorized uploads by a former collaborator) are NOT mediated by CUE. Affected balances enter a frozen state under §5.0/02 until claimants present a notarized release OR a Delaware court order. CUE charges no mediation fee and assumes no resolution duty.

§ 6.0

Jurisdiction, Liability Caps & Indemnification

[01] These Terms are governed by the laws of the State of Delaware, without regard to conflict-of-laws principles.
[02] Exclusive venue: state and federal courts located in New Castle County, Delaware. Class actions waived.
[03] AGGREGATE LIABILITY CAP: CUE's total liability for any and all claims is capped at the greater of (a) $100 USD or (b) fees actually paid by the User to CUE in the trailing 12 months.
[04] The User indemnifies CUE against any third-party claim arising from the User's content, attestation breach, or misuse of the protocol.

[ END.OF.PROTOCOL ]HASH: accepted_terms_v1.0