These Terms of Use ("Terms") constitute a legally binding agreement between you and Zuke Technologies LLC ("we", "us", "our") governing your access to and use of the Cutup mobile application and the website located at cutupsports.com, including all Player Pages. By downloading, accessing, or using Cutup, you agree to be bound by these Terms. Zuke Technologies' general company terms at https://www.zuketechnologies.com/terms/ also apply; where the two differ regarding Cutup, these Terms apply.
If you are under 18 years of age, your parent or legal guardian must review and accept these Terms on your behalf.
1. App License & Purchases
- Software License: We grant you a personal, revocable, non-exclusive, non-transferable, limited license to download and use the Cutup application on Apple-branded devices that you own or control, in accordance with the Apple Media Services Terms and Conditions and Apple's Standard Licensed Application End User License Agreement (EULA): https://www.apple.com/legal/internet-services/itunes/dev/stdeula/
- In-App Purchases: One-time purchases (such as watermark removal, end cards, effect packs, title card packs, and bundles) are processed through and linked to your Apple Account and may be restored on other devices signed in to the same Apple Account.
2. Your Content & Intellectual Property
- Ownership: You retain full ownership of the original video clips, photos, graphics, titles, and highlight reels you process in Cutup. We claim no ownership rights over your content.
- Your Responsibility: You are solely responsible for all content incorporated into a reel or published on a Player Page. You represent and warrant that you hold all necessary rights, permissions, and licenses for any footage, photos, audio, team logos, or school graphics used. Athletic footage obtained from schools, leagues, or third-party video services may be subject to third-party restrictions; you agree to adhere to all such rules.
- Cutup Music Library: Audio tracks provided within the Cutup built-in music library are licensed solely for inclusion within reels created inside Cutup (including reels hosted on Player Pages or shared to third-party social media platforms). You may not extract, isolate, resell, or redistribute Cutup audio tracks as standalone files.
- User-Imported Music: You assume full legal responsibility for any custom music tracks you import into the app. Reels published to public Player Pages may only utilize tracks from the Cutup library or contain no background audio.
3. Player Pages (Optional Subscriptions)
- Subscription & Auto-Renewal: A Player Page subscription costs $9.99 per month (plus applicable taxes), billed directly through your Apple Account. Your subscription automatically renews each month unless canceled at least 24 hours prior to the end of the current billing period. You can manage or cancel your subscription at any time within your Apple Account settings. All payment processing, billing disputes, and refund requests are governed exclusively by Apple's App Store policies.
- Hosting & Display License: To enable us to host and display your Player Page and published reels, you grant Zuke Technologies LLC a worldwide, royalty-free, non-exclusive license to host, store, copy, format, transcode, and publicly display your published content solely for the purpose of operating, maintaining, and serving your Player Page. This license automatically terminates when your content or page is deleted.
- Age Requirements: Player Pages may only be set up and managed by individuals who are 13 years of age or older. If the athlete is under 13, a parent or legal guardian must set up and manage the page. If you set up a page on behalf of another person, you confirm that you are their parent, legal guardian, or authorized representative.
- Subscription Termination: If a subscription lapses or is canceled, the associated Player Page is taken down immediately. Page data and media are retained for 60 days to allow seamless restoration upon resubscription, after which all content is permanently deleted from our primary servers.
- Prohibited Conduct: You agree not to publish any content that is illegal, defamatory, harassing, abusive, sexually explicit, hate speech, or excessively violent; reveals confidential or direct personal contact details of minors; infringes third-party intellectual property or privacy rights; impersonates any person or entity; or utilizes a Player Page for any commercial or non-athletic purpose outside of showcasing an athlete.
- Content Removal & DMCA Copyright Policy: We reserve the right to review, edit, disable, or
remove any Player Page or content that violates these Terms, with or without prior notice.
- DMCA Takedown Notices: If you believe that content hosted on a Player Page infringes your copyright, please send a written notice to our Designated Copyright Agent at support@zuketechnologies.com (or by mail to PO Box 1174, Robertsdale, AL 36567). Your notice must include: (a) your physical or electronic signature; (b) identification of the copyrighted work claimed to have been infringed; (c) the specific Player Page URL or content location; (d) your contact information; (e) a statement of good-faith belief that the use is unauthorized; and (f) a statement under penalty of perjury that the information in the notification is accurate.
- Analytics & Search Engines: View statistics displayed in the app are aggregate estimates and may exclude automated web crawlers. If you opt in to search engine indexing, we submit your page URL to search indexes; we cannot guarantee whether or when third-party search engines will index your page.
4. No Recruiting Guarantees
Cutup is a video highlight creation and publishing tool designed to help present athletic activity. Zuke Technologies LLC is not a sports talent agency, scout, or recruiting service. We do not guarantee that any college, high school, recruiter, scout, or coach will view your reel, visit your Player Page, or offer athletic opportunities.
5. Disclaimers & Limitation of Liability
THE CUTUP APP, WEBSITE, AND PLAYER PAGES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ZUKE TECHNOLOGIES LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES. OUR TOTAL AGGREGATE LIABILITY FOR ANY CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF CUTUP IS STRICTLY LIMITED TO THE GREATER OF $50 USD OR THE TOTAL AMOUNT YOU PAID TO US FOR CUTUP SERVICES IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.
6. Governing Law & Dispute Resolution
- Governing Law: These Terms and any dispute arising out of or related to your use of Cutup shall be governed by and construed in accordance with the laws of the State of Alabama, without giving effect to any principles of conflicts of law.
- Jurisdiction & Venue: You agree that any legal action or proceeding arising out of or relating to these Terms shall be brought exclusively in the state or federal courts located in Baldwin County, Alabama (or the U.S. District Court for the Southern District of Alabama), and you consent to personal jurisdiction in such courts.
- Class Action Waiver: YOU AND ZUKE TECHNOLOGIES LLC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING.
7. Changes & Termination
We may update these Terms from time to time. If we make material modifications, we will provide notice through the Cutup app or via email prior to the changes taking effect. Your continued use of Cutup following notice of changes constitutes acceptance of the revised Terms. You may stop using Cutup at any time. We reserve the right to suspend or terminate access to Player Pages or the app for anyone who breaches these Terms.
8. Contact Us
If you have any questions regarding these Terms, please contact us at:
Zuke Technologies LLC
PO Box 1174
Robertsdale, AL 36567
Email: support@zuketechnologies.com
Website: https://www.zuketechnologies.com