Terms of Service

These terms govern the CueStream website, your account and the online guest service (together the "Service"). The CueStream desktop application is free software licensed separately under the GNU General Public License v2; nothing in these terms limits your rights under that license.

1. Provider and contract partner

Your contract partner is Newa Produktion, owner Ahmet Azad Göcer, Berlinerstr. 8, 51063 Köln, Germany (see imprint).

2. The Service

The Service lets you create rooms, invite remote guests through a browser link and connect them to your desktop studio, and unlocks the live features of the desktop application (live streaming, graphics, NDI, guests) within the limits of your plan as shown on the pricing page. Recording in the desktop application is free and needs no account.

3. Account

• You must give a valid email address and keep your password secret.
• You are responsible for activity under your account and for everything you broadcast or record.
• You must be at least 18 years old to buy a plan.

4. Conclusion of the contract

The plans shown on our website are not a binding offer. By completing the checkout ("Subscribe" / "Pay") you make a binding offer to conclude a subscription; the contract is concluded when we confirm it, at the latest when the first payment is taken. The contract language is English or Turkish, as you choose on the website. We store the contract data; your plan and invoices are always available on your account page.

5. Prices, payment and renewal

• Prices are in euros. As a small business under § 19 of the German VAT Act (UStG) we charge no VAT; the price shown is the final price.
• Plans are paid in advance, monthly or yearly, through our payment provider Stripe. Your card details are processed by Stripe only and never reach us.
• Subscriptions renew automatically for the same period until cancelled. You can cancel at any time in the billing portal on your account page; the plan stays active until the end of the period already paid for. Consumers can also cancel at any time with one month's notice after an initial yearly term (§ 309 No. 9 BGB).
• The Pro plan can start with a 7-day free trial, which needs a payment method. If you do not cancel during the trial, the paid subscription starts automatically at its end.
• If a payment fails we keep your plan for 3 days while the payment is retried; after that, paid features are limited until payment succeeds.
• We may change prices for future periods with at least 6 weeks' notice by email. You can cancel before the change takes effect; the old price applies until then.

6. Right of withdrawal and refunds

Consumers have a statutory right of withdrawal. The withdrawal instructions, the model withdrawal form and our refund rules are on the refund and withdrawal page.

7. Acceptable use

You may not use the Service to broadcast unlawful content, infringe the rights of others, broadcast or record people without the consent required by law, attack or overload our systems, or get around the limits of your plan. We may block content or accounts in case of serious or repeated violations, after notice where reasonable.

8. Guests

As the host you are responsible for telling your guests that they will be broadcast and, where applicable, recorded, and for getting any consent the law requires.

9. Availability and changes

We aim for high availability but cannot guarantee uninterrupted operation; maintenance, faults of third parties (internet, hosting, payment provider) or force majeure can interrupt the Service. Shows already on air are not interrupted when a plan ends; only new rooms and invites are blocked. We may develop the Service further as long as its essential features stay available for the period you paid for.

10. Liability

• We are liable without limitation for intent and gross negligence, for injury to life, body or health, under the German Product Liability Act and where we gave a guarantee.
• For slight negligence we are liable only for breaches of essential contractual obligations (obligations whose fulfilment makes the contract possible in the first place and on which you may rely), limited to the damage typical and foreseeable when the contract was concluded.
• Otherwise our liability for slight negligence is excluded. These limits also apply to our employees and agents.
• You are responsible for keeping your own backups of recordings and show files.

11. Term and termination

You can delete your account at any time on your account page; a running subscription must be cancelled first. The right of both parties to terminate for good cause stays unaffected.

12. Changes to these terms

We will inform you of changes by email at least 6 weeks before they take effect. If you object within that time, the old terms continue to apply and both parties may cancel at the end of the current period. We will point this out in the notice.

13. Governing law and jurisdiction

• German law applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). If you are a consumer, this choice of law does not take away the protection of mandatory provisions of the law of the country where you live.
• If you are a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes is Cologne, Germany.
• We are neither willing nor obliged to take part in dispute resolution proceedings before a consumer arbitration board.

14. Final provisions

Should individual provisions be invalid, the remaining provisions stay valid. Contact: support@cuestream.de, product support support@cuestream.de.