1. Agreement
These Terms of Service (“Terms”) are a legal agreement between you (“Customer”, “you”) and Red Yellow Blue Pty Ltd ACN 695 759 525 trading as IndustryCue (“IndustryCue”, “we”, “us”) governing your use of IndustryCue at industrycue.com and app.industrycue.com (“the Service”).
By creating an account or using the Service, you agree to be bound by these Terms. If you are agreeing on behalf of an organisation, you represent that you have authority to bind that organisation.
If you do not agree to these Terms, do not use the Service.
2. The service
IndustryCue is a relationship intelligence platform that connects to your HubSpot CRM, monitors your contacts for career signals, scores re-engagement opportunities, and delivers alerts to your sales team.
The Service includes:
- Contact enrichment via web search (Brave Search) and email validation (Hunter.io)
- Career signal detection (job changes, promotions, champion moves, email bounces)
- Revenue Moment scoring using AI analysis (Anthropic Claude)
- HubSpot task creation and custom property management
- A dashboard, signals feed, and moments feed for your team
We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time with reasonable notice. We will provide at least 30 days’ notice of material changes that affect your use of the Service.
3. Accounts and eligibility
3.1 Eligibility
You must be at least 18 years old and capable of entering into a binding contract to use the Service. The Service is intended for business use only — not for personal or consumer purposes.
3.2 Account registration
You must provide accurate and complete information when creating your account. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
3.3 One account per organisation
Each IndustryCue account is for use by a single organisation. You may not share your account credentials or allow others outside your organisation to access the Service using your account.
3.4 Free accounts
Free accounts receive 500 tokens per month permanently. Free accounts are subject to these Terms. We reserve the right to modify or discontinue the free tier at any time with 30 days’ notice.
4. Tokens and billing
4.1 Token-based pricing
IndustryCue uses a token-based consumption model. Operations consume tokens from your balance. Token costs per operation are published at industrycue.com/pricing and may be updated with 30 days’ notice.
4.2 Subscription plans
Paid subscription plans include a monthly token allowance. Subscription tokens reset at the start of each billing period and do not roll over. Token top-up bundles purchased separately roll over indefinitely.
4.3 Payment
Payments are processed by Stripe. By subscribing, you authorise us to charge your payment method the applicable subscription fee on a recurring basis (monthly or annual) until cancelled. All prices are in USD. Applicable taxes (including GST for Australian customers) are added at checkout.
4.4 Annual subscriptions
Annual subscription fees are charged upfront and are non-refundable except as provided in clause 4.6 (money-back guarantee) or as required by law. If you cancel an annual subscription mid-term, the Service remains available until the end of the paid period.
4.5 Token top-ups
Token top-up purchases are non-refundable once processed, unless the Service is materially unavailable (see clause 9).
4.6 Money-back guarantee
If you are not satisfied with a paid subscription, you may request a full refund within 14 days of your first payment by emailing hello@industrycue.com. This guarantee applies once per customer and to the initial subscription purchase only — not to renewals or top-ups.
4.7 Failed payments
If a payment fails, we will retry the charge up to 3 times over 7 days. If all attempts fail, your subscription will be suspended. You will retain access to your data but enrichment will pause until payment is resolved. Accounts suspended for non-payment for more than 60 days may be terminated.
4.8 Price changes
We will provide 30 days’ notice of any price increases. If you do not agree to a price increase, you may cancel before the new pricing takes effect.
5. Your data and HubSpot integration
5.1 Your data is yours
You retain all ownership of data you import into IndustryCue, including your HubSpot contacts and any enriched data generated on your behalf. We do not claim any ownership over your data.
5.2 HubSpot connection
By connecting your HubSpot portal, you authorise IndustryCue to read contact data, read company data, read owner data, create and update custom contact properties, and create tasks in your HubSpot portal on your behalf.
5.3 Your obligations
You are solely responsible for ensuring you have lawful authority to import and process your HubSpot contacts using IndustryCue. You must not use IndustryCue to process data of individuals who have exercised opt-out or erasure rights under applicable privacy law.
5.4 Data accuracy
Enrichment data generated by IndustryCue is derived from publicly available web sources and third-party data providers. We do not warrant that enriched data is accurate, complete, or current. You are responsible for verifying enriched data before relying on it for business decisions.
5.5 Confidentiality threshold
IndustryCue’s confidence threshold (default 60%) reduces the risk of inaccurate data being written to your HubSpot records, but does not eliminate it. By using the write-back feature, you accept that some enriched data may be inaccurate.
6. Acceptable use
You must not use IndustryCue to:
- Process contact data for any purpose other than legitimate B2B sales and marketing activities for your own organisation
- Violate any applicable privacy law, anti-spam law, or data protection regulation
- Circumvent rate limits, scrape the IndustryCue API, or reverse-engineer the Service
- Transmit malicious code, interfere with the Service, or attempt to gain unauthorised access
- Resell or sublicense the Service without our written consent (except as permitted under Scale plan white-label provisions)
- Process data of individuals who have exercised statutory rights to opt out or be forgotten under applicable law
- Engage in deceptive, harassing, or unlawful conduct directed at contacts
We reserve the right to suspend or terminate accounts that violate these acceptable use provisions.
7. Intellectual property
7.1 Our IP
IndustryCue, including the software, algorithms, scoring models, prompts, documentation, and visual design, is owned by Red Yellow Blue Pty Ltd and protected by copyright and other intellectual property laws. Nothing in these Terms transfers any IP ownership to you.
7.2 Your licence to use the Service
We grant you a limited, non-exclusive, non-transferable, revocable licence to access and use the Service for your internal business purposes during your subscription term.
7.3 Feedback
If you provide suggestions, feedback, or ideas about the Service, you grant us an irrevocable, royalty-free licence to use that feedback for any purpose, including improving the Service.
8. Confidentiality
Each party agrees to keep confidential the other party’s confidential information disclosed during the use of the Service. IndustryCue’s confidential information includes pricing not published on the website, internal product roadmaps disclosed in support conversations, and API architecture details. Your confidential information includes your HubSpot data, business contact lists, and usage patterns.
Confidential information does not include information that is publicly available, independently developed, or disclosed under legal obligation.
9. Service availability and SLA
9.1 Uptime target
We target 99.5% monthly uptime for the IndustryCue application and API. Scheduled maintenance will be communicated at least 48 hours in advance.
9.2 Exclusions
Downtime caused by factors outside our control (AWS outages, HubSpot API unavailability, Stripe outages, third-party enrichment provider outages, force majeure events) does not count toward downtime calculations.
9.3 Remedy
If monthly uptime falls below 99.0% due to factors within our control, you may request a service credit equal to the pro-rated daily subscription fee for each day of downtime exceeding the threshold. Service credits are your sole remedy for downtime.
10. Limitation of liability
10.1 Disclaimer of warranties
10.2 Limitation of liability
10.3 Exclusion of consequential loss
10.4 Australian Consumer Law
Nothing in these Terms excludes, restricts, or modifies any right or remedy, or any guarantee, warranty, or other term or condition, implied or imposed by any legislation (including the Australian Consumer Law) that cannot lawfully be excluded or limited.
11. Indemnity
You agree to indemnify, defend, and hold harmless IndustryCue and its directors, officers, employees, and agents from any claim, loss, damage, liability, or expense (including reasonable legal fees) arising from: (a) your use of the Service in violation of these Terms; (b) your violation of any applicable law or third-party rights; (c) your failure to obtain lawful authority to process the contact data you import into IndustryCue.
12. Term and termination
12.1 Term
These Terms begin when you create an account and continue until your account is terminated.
12.2 Cancellation by you
You may cancel your subscription at any time through the Stripe Customer Portal accessible from your IndustryCue billing settings. Cancellation takes effect at the end of the current billing period. You will retain access to the Service until then.
12.3 Termination by us
We may suspend or terminate your account immediately if: (a) you materially breach these Terms and fail to cure within 7 days of notice; (b) you breach the acceptable use policy; (c) we are required to do so by law; (d) your account remains suspended for non-payment for more than 60 days.
12.4 Effect of termination
On termination, your right to use the Service ends immediately. We will retain your data for 30 days following termination to allow data export, after which it will be deleted in accordance with our retention policy. You may request a data export before termination by contacting hello@industrycue.com.
13. Dispute resolution
13.1 Negotiation
Before initiating any formal dispute resolution, you agree to first contact us at hello@industrycue.com to attempt to resolve the dispute informally. We will attempt to respond within 10 business days.
13.2 Governing law
These Terms are governed by the laws of New South Wales, Australia. Both parties submit to the non-exclusive jurisdiction of the courts of New South Wales.
13.3 Class action waiver
To the extent permitted by law, you waive any right to participate in a class action lawsuit or class-wide arbitration against IndustryCue.
14. General
14.1 Entire agreement
These Terms, together with our Privacy Policy, constitute the entire agreement between you and IndustryCue regarding the Service and supersede all prior agreements.
14.2 Severability
If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force.
14.3 Waiver
Our failure to enforce any provision of these Terms does not constitute a waiver of that provision.
14.4 Assignment
You may not assign your rights under these Terms without our written consent. We may assign our rights in connection with a merger, acquisition, or sale of all or substantially all of our assets.
14.5 Notices
Notices to IndustryCue should be sent to hello@industrycue.com. Notices to you will be sent to the email address associated with your account. Notices are effective when sent.
14.6 Force majeure
Neither party is liable for failure to perform due to causes beyond their reasonable control, including natural disasters, government actions, internet outages, or third-party service failures.
15. Contact
For questions about these Terms:
Email: hello@industrycue.com
Mail: Red Yellow Blue Pty Ltd, 22 Lidiard St, Hawthorn, Melbourne VIC 3101, Australia