Terms of Use & Software License

1. Acceptance of These Terms

By accessing the Diamond Media Cue website, purchasing Diamond Audio Cue, downloading the Mac App, using the Web App, activating a license, or otherwise using our services, you agree to these Terms of Use and Software License. If you do not agree, do not use the software or services.

2. Product and License

Diamond Audio Cue is licensed, not sold. A purchase gives you a limited, non-exclusive, non-transferable license to use Diamond Audio Cue in accordance with these Terms.

Your license includes access to the Diamond Audio Cue Mac App and Web App under the licensing terms in effect for your purchase.

3. Active Device Limit

One Diamond Audio Cue license permits use on up to three active devices at a time.

You may deactivate a device and reassign that activation to another device when needed. Circumventing, disabling, manipulating, or attempting to defeat the activation system is prohibited.

4. Permitted Use

You may use Diamond Audio Cue for personal, professional, commercial, theatrical, educational, corporate, or entertainment performances, provided that your use complies with these Terms and applicable law.

You are responsible for obtaining any music, sound recording, performance, synchronization, public-performance, or other rights required for the audio or media you choose to use with the software.

5. Restrictions

You may not:

• share, resell, sublicense, rent, lease, or distribute your license key or account access;
• use one license beyond the permitted active-device limit;
• copy or redistribute the Mac App except for your own licensed installation or backup purposes;
• reverse engineer, decompile, disassemble, bypass, or attempt to defeat licensing or security controls, except where applicable law expressly permits it;
• use the software or website to violate law or the rights of others; or
• misrepresent Diamond Audio Cue as your own software product.

6. Purchases and Merchant of Record

Diamond Audio Cue purchases may be processed using Stripe Managed Payments. For Managed Payments transactions, Stripe's merchant-of-record service handles the customer transaction, including applicable indirect taxes, transaction-level support, fraud prevention, and related order processing.

The checkout page, receipt, and transaction terms presented by the payment provider may contain additional terms that apply to the purchase transaction.

7. Pricing

Prices displayed on the website may change prospectively. A price change does not alter the price of a completed purchase.

Diamond Audio Cue is currently offered as a one-time purchase and is not a recurring subscription unless a future product or offer is clearly identified otherwise before purchase.

8. Refunds

Refund requests are handled in accordance with applicable law and the terms and processes applicable to the transaction through the merchant-of-record/payment provider. Contact support@diamondmediacue.com if you need product-related assistance with a purchase.

If a purchase is refunded or reversed, the associated Diamond Audio Cue license may be deactivated.

9. Software Updates and Changes

We may update, improve, modify, remove, or add software features over time. We may also change technical requirements, browser compatibility, hosting infrastructure, or supported workflows as technology changes.

Unless specifically promised in writing, purchase of the current product does not guarantee any particular future feature, product, platform version, or service.

10. Web App and Internet Services

The Diamond Audio Cue Web App depends on compatible browser technology and online infrastructure. Browser behavior, operating systems, hosting providers, security policies, and third-party services may change outside our control.

Some Web App functions may depend on an internet connection, while other app content or behavior may be stored or processed locally in the browser.

11. Mac App

The Mac App may include license validation designed to confirm that a valid license remains active. Operating-system updates, security settings, hardware changes, or future macOS versions may affect compatibility.

We do not guarantee perpetual compatibility with every future version of macOS or every future device configuration.

12. User Content and Audio Files

You retain ownership of the show information, cue data, notes, branding, audio files, and other content you create or import, subject to any rights held by third parties in that content.

You are responsible for maintaining appropriate backups of your shows, audio, exported files, and other important performance material.

13. External Controllers and Third-Party Hardware

Diamond Audio Cue may work with compatible wired or Bluetooth controllers that send supported keyboard commands. AirTurn has been tested in the developer's workflow, but compatibility with every controller, firmware version, operating system, browser, or hardware configuration is not guaranteed.

14. Third-Party Services

Diamond Audio Cue may be used with or alongside third-party services such as browsers, cloud-storage providers, file-sharing tools, payment processors, hosting providers, and hardware manufacturers. Those services are governed by their own terms and may change independently.

15. Performance Use and Responsibility

Diamond Audio Cue is designed for live-performance use, but no software or hardware system can guarantee uninterrupted operation in every environment.

You are responsible for testing your show, verifying your audio, confirming device power and connectivity, maintaining backups, and using an appropriate contingency plan before a live performance.

16. Disclaimer of Warranties

To the fullest extent permitted by law, Diamond Audio Cue and related services are provided “as is” and “as available,” without warranties of uninterrupted operation, error-free performance, fitness for a particular performance environment, or compatibility with every device, browser, controller, audio format, or third-party service.

Nothing in these Terms excludes any warranty or consumer right that cannot legally be excluded.

17. Limitation of Liability

To the fullest extent permitted by law, Diamond Media Cue will not be liable for indirect, incidental, special, consequential, or punitive damages, including lost revenue, lost bookings, lost performance opportunities, loss of data, or interruption of a show arising from use of or inability to use the software or services.

Where liability cannot legally be excluded, it will be limited only to the extent permitted by applicable law.

18. Suspension or Termination

We may suspend or terminate access to licensing or services when reasonably necessary to address fraud, unauthorized redistribution, license abuse, security threats, legal requirements, or material violations of these Terms.

19. Intellectual Property

Diamond Media Cue, Diamond Audio Cue, associated logos, interface designs, website content, software, graphics, and related materials are owned by or licensed to Diamond Media Cue and are protected by applicable intellectual-property laws.

20. Privacy

Your use of the website and software is also subject to our Privacy Policy.

21. Changes to These Terms

We may update these Terms when products, services, laws, payment arrangements, licensing systems, or business practices change. Revised Terms will display an updated date.

22. Governing Law

These Terms are governed by applicable law, subject to any mandatory consumer-protection rights that apply based on your location.

23. Contact

Questions regarding these Terms may be sent to support@diamondmediacue.com.