Terms and Conditions

These Terms and Conditions (also "Terms"), is a legal agreement between you and Podcastle Inc., ("our" "us" "Company" "Podcastle"). These Terms and Conditions govern your access to and use of the Podcastle website available at http://podcastle.ai, the Podcastle Chrome Extension and any and all of our products and services ("Services").

The Services/product we provide:

Podcastle studio is an AI powered collaborative audio content creation, enhancement and editing platform with following features:

These Terms and Conditions set out the rights and obligations of all users: visitors and account holders. Please read these Terms carefully. By accessing and using our Services you agree to be bound by our Terms and Privacy Policy, as updated from time to time. If you disagree with any of these Terms, do not access or use any of our Services.

YOU REPRESENT THAT YOU ARE OVER THE AGE OF 13. USE OF OUR SERVICES BY PEOPLE UNDER 13 IS PROHIBITED AND ALL SUCH ACCOUNTS DETECTED BY THE COMPANY WILL BE DELETED WITHOUT A SUBSCRIPTION REFUND.

Your access and use of the Services are also conditioned on your acceptance of and compliance with our Privacy Policy. Our Privacy Policy describes our policies and procedures on the collection, use and disclosure of your personal information when you use our Services and tells you about your privacy rights. These Terms and Conditions together with our Privacy Policy apply to all Services provided to you by the Company and/or any of our affiliates and govern your access to and use of our Services. Please read our Privacy Policy here carefully before using our Service.

The Services or some parts of the Services are available only with a paid Subscription. For more details on Subscription, please visit here. You will be billed in advance on a recurring and periodic basis, depending on the type of Subscription plan you select when purchasing the Subscription.

At the end of each period, your Subscription will automatically renew under the exact same conditions unless you or the Company cancels it. When your Subscription ends, you will lose access to the Services that require a Subscription, however you may continue using our Services that are open without Subscription.

Teams’ Account Subscription is designed to enable teams of 2 or more people to collaborate on shared content. The Teams’ Account Subscription term is one year and will be renewed automatically, unless terminated by the Account Owner upon completion of the one year subscription period. Teams’ Account Owner (the member who subscribes to the account and invites other members to join) shall have permissions to administer the account: invite, replace, and/or disinvite Team members, as well as assign roles to the members to work on collaborative projects. The Owner will be the responsible user for the account and management of the subscription, and will be the main contact person for Podcastle on the Teams’ Account.

You may cancel your Subscription renewal either through your account settings or by contacting the Company. In case you cancel your Subscription within 7 (seven) days, you may request a refund from Podcastle by filling out the refund form provided by Customer success team. You will not receive a refund for the fees you already paid for your current Subscription period, if you cancel after the 7 (seven) days period, and you will be able to access the Service until the end of your current Subscription period.

The Company shall charge you via Stripe or PayPal platforms, which will request you to provide them with accurate and complete billing information including full name, address, state, zip code, telephone number, and valid payment method information. Please note that this information is out of Company’s reach.

Should automatic billing fail to occur for any reason, the Company will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.

You are solely responsible for ensuring that your billing information is correct to prevent cancellation of your subscription. If we cannot charge your payment method for any reason (such as expiration or insufficient funds), and you have not canceled your subscription, you remain responsible for any uncollected amounts, and we will attempt to charge the payment method as you may update your payment method information. This may result in a change to the start of your next subscription period and may change the date on which you are billed for each period. We reserve the right to cancel your subscription if we are unable to successfully charge your payment method to renew your subscription.

We reserve the right to change, modify or vary the price, package and features of the Subscription plans that we make available from time to time. Any Subscription plan changes will become effective at the end of the then-current Subscription period.

If we change or modify the price and package of such Subscription plans, we will provide you with advanced notice of the applicable changes or modifications. Your continued use of the Service after the Subscription plans changes come into effect constitutes Your agreement to them.

The Subscription shall continue until you cancel your Subscription or until terminated by Podcastle as defined above. You may cancel your Subscription at any time, although only an authorized representative of an Enterprise Subscriber or Teams’ Owner may cancel the Enterprise Subscriber’s or Teams’ account respectively. If you cancel your subscription, you will not receive a refund for any amounts that have been charged, unless you terminate within 7 days from the date of Subscription and fill out and submit the refund form, as defined above. Your cancellation will be effective at the end of your then-current subscription period, subject to applicable law, and you may use the Services until your cancellation is effective (unless your access is suspended or terminated as set forth below, or you have canceled your Subscription within 7 days).Except as may be expressly set forth herein, all Fees paid or accrued in connection with any Services are non-refundable, and Podcastle will not prorate any Fees paid for a subscription that is terminated before the end of its term.

The Company may, at its sole discretion, offer a Freemium Subscription. You are not required to enter your billing information in order to sign up for the Free package. All the main functionalities are available in a free package but with limited amounts of hours for the Magic dust and Text to speech/Speech to text tools. For detailed information please visit podcastle.ai/pricing.

‍At any time and without notice, the Company reserves the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free Trial offer.

Any contests, sweepstakes or other promotions or discounts (“Promotions”) made available through the Service will be governed by rules that are separate from these Terms.

If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms, the Promotion rules will apply.

When you create and register an account with us, you must provide us with information that is accurate, complete, and current at all times. If you provide any registration information that is untrue, inaccurate, not current or incomplete, the Company has the right to limit, suspend or terminate your account and your access to the Services (or any portion thereof).

You may not use as a username the name of another person or entity or one that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.

As part of our service to you, we may send various notifications, notices and newsletters on the email you have provided to us, however, if at any time you no longer want to see any of those emails, you may easily unsubscribe by making just one click through a link provided in our email.

You are responsible for safeguarding your account information including your username and password, which should be kept strictly confidential, including account information and password used to log in through Third-Party Services (Facebook or Google accounts). You agree not to disclose your password to any third party. You are solely responsible for all activities performed under your account.

You must notify us immediately upon becoming aware of any breach of security or unauthorized access or use of your account.

Do not use our Services for any illegal or unauthorized purpose; including, without limitation, unlawful, harassing, libelous, invasion of another’s privacy, abusive, threatening or obscene purposes. Violators will be reported and accounts terminated at the Company’s sole discretion. Appropriate legal action may be taken for any illegal or unauthorized use of the Services.The Company will not be liable for any damages arising from your failure to comply with this section.

Our services are governed by our Master Service Agreement (MSA). By using our services, you agree to be bound by the terms and conditions outlined in the MSA.

You can access our MSA by clicking here.

Podcastle may deny you access to all or any part of the Services or terminate your account with or without prior notice if you engage in any conduct or activities that Podcastle determines, in its sole discretion, violate this Agreement, Terms and Conditions or the rights of Podcastle without limitation.

Upon termination of your account(s) for any reason, your right to use the Services and Software and to access the Site and any of its content will immediately cease and all content in your account(s) will be deleted. All provisions of this Agreement that by their nature should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, limitations of liability and miscellaneous provisions.

If you wish to terminate your account, you can delete it through your account settings – if you are a Paid Subscriber your subscription plan will be canceled automatically. You will not receive a refund for the Subscription plan but your plan will no longer automatically renew.

All materials (including software and content whether downloaded or not, features and functionality) contained in the Services are owned by the Company (or our affiliates and/or third-party licensors, where applicable), unless indicated otherwise. You agree and acknowledge that the materials are valuable property and that other than any specific and limited license for use of such materials, you shall not acquire any ownership rights in or to such materials. The materials may not be used except as provided for in these Terms, and any other relevant terms and conditions provided to you without our prior written permission.

You acknowledge and agree that certain materials on or in the products and services are the property of third party licensors and, without prejudice to any and all other rights and remedies available, each such licensor has the right to directly enforce a claim against you in case of your unauthorized use.

All the materials you upload, develop, and/or generate on our platform are your own Content. We do not claim any ownership rights on your Content. For any purpose related to our Services to you and in connection with our business, you grant us a worldwide, non-exclusive, royalty-free, sublicensable and transferable license to use your Content—including to host, process, and display, as needed and appropriate for the provision and improvement of Podcastle Services.

In case a Teams’ Account members are using a Content or data that specifically belongs to one of the Team members, including Personal Data containing such person’s voice, all Team members hereby receive explicit permission from the owner to use that Content or data. We expressly consider such permission granted upon the moment this Content or data is uploaded to the Teams’ collaborative space, unless the Team member, who is the owner of the Content or data informs us otherwise. In such a case, the owner of such Content or data may request us to take it down from the Account by emailing at  [email protected].

The Company will remove any Content if properly notified that such Content infringes another’s intellectual property rights. We respond to notices of copyright infringement in compliance with the U.S. Digital Millennium Copyright Act (DMCA) and have a policy of terminating repeat infringers in appropriate circumstances. If you have a valid claim, report infringement of your intellectual property by sending your claim to [email protected]. Any intellectual property claim, including copyright, submitted to the Company in writing must contain the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of an exclusive intellectual property interest; (ii) a description of the intellectual property, including any registration numbers, that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Services that is reasonably sufficient to enable the Company to identify and locate the material; (iv) contact information (name, address, email, phone) for how you would like the Company to contact you; (v) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by you that the above information in your notice is accurate and under penalty of perjury that you are authorized to act on behalf of the copyright owner or the owner of an exclusive right in the material. You may access the DMCA claim form here.

In the event you have been notified that Content you posted has been removed due to a valid copyright DMCA take-down request from a third party and you believe you have a valid basis for appealing the removal of your content, you may submit a counter-notice by sending a notification to [email protected] that includes: (i) your physical or electronic signature; (ii) identification of the content that has been removed; (iii) a statement that you have a good faith believe that the content was removed as a result of mistake of a misidentification of the content; (iv) your contact information (name, address, email, phone); (v) a statement that you consent to the jurisdiction of the Federal Court for the judicial district in which your address is located and that you will accept service of process from the third party who submitted the initial infringement claim to the Company. You may access the Counter-Notice Form here. Once the Company receives your counter-notice, the Company will send a copy of your counter-notice, including the contact information provided by you, to the third party who submitted the initial infringement claim to the Company. If the third party who submitted the initial infringement claim does not notify us that they have filed an action seeking a court order to restrain you from engaging in infringing activity on Podcastle within 10 to 14 business days, the Company will allow you to place the contested content again on the platform in accordance with DMCA procedures. Please, note that restoration of content by the Company may not always be technically feasible.

You may not otherwise download, display, copy, reproduce, distribute, modify, perform, transfer, create derivative works from, sell or otherwise exploit any content, code, data or materials in the Service.

Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.

You assign all rights, title and interest in any feedback you provide the Company. If for any reason such assignment is ineffective, you agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.

Our Service may contain links to third-party websites or services that are not owned or controlled by the Company.

The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.

The Service is provided to you "AS IS" and "AS AVAILABLE"; with any and all faults and defects without warranty of any kind, whether express or implied. To the maximum extent permitted under applicable law, the Company, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice.

Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components. You acknowledge that your use of the Services is at your sole risk. The Company does not warrant that your use of the Services is lawful in any particular jurisdiction, and the Company specifically disclaims such warranties.

Some jurisdictions do not allow for the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, in which case some or all of the above exclusions and limitations may not apply to you. Nevertheless, the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY AND ITS AFFILIATES, SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OR FOR ANY LOSS OF PROFITS, REVENUES, LOSS OF DATA OR CONTENT, GOOD-WILL OR OTHER INTANGIBLE LOSSES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, ARISING OR RESULTING FROM (i) YOUR ACCESS TO AND USE OF THE SERVICES OR INABILITY TO ACCESS OR USE THE SERVICES THEREOF; (ii) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, INCLUDING ANY DAMAGE CAUSED TO YOUR DEVICES OR INFORMATION STORED THEREIN; (iii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iv) ANY UNAUTHORIZED ACCESS TO, USE OR ALTERATION OF YOUR CONTENT, INFORMATION OR TRANSMISSIONS; (v) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT PROVIDED THROUGH OUR SERVICES.

NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE COMPANY FOR ALL CLAIMS AND DAMAGES UNDER THIS AGREEMENT, WHETHER ARISING FROM STATUTE, CONTRACT TORT (INCLUDING NEGLIGENCE) OR OTHERWISE EXCEED ONE HUNDRED U.S. DOLLARS ($100).

Some jurisdictions do not allow for the exclusion of certain types of warranties or limitations of liability for incidental or consequential damages, in which case some of the above limitations may not apply to you. Nevertheless, our liability will be limited to the greatest extent permitted by applicable law.

These Terms shall be governed by the laws of the State of Delaware, without respect to its conflict of laws principles.

If you have any concern or dispute about the Services, you agree to first try to resolve the dispute informally by contacting the Company.

In the event a dispute cannot be resolved through communications with the Company, you agree that any dispute, claim, or controversy arising out of or relating to the Terms and Conditions or your use of the Services, shall be resolved through final and binding arbitration administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules. Judgment on any award entered by the arbitrator may be enforced in any court having jurisdiction thereof. You acknowledge and agree that you may bring claims against the Company only in an individual capacity and not as a plaintiff or class member in any purported class or representative proceeding. You waive any right to participate in a class-action lawsuit or class-wide arbitration.

You represent and warrant that (i) you are not located in a country that is subject to a United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) you are not listed on any United States government list of prohibited or restricted parties.

These Terms, the Privacy Policy and any additional agreements you may enter into with the Company constitute the entire agreement between you and Company. If any provision is held to be unenforceable or invalid, such provision will be amended to accomplish the objectives of the provision or eliminated to the minimum extent possible and the remaining provisions of these Terms will continue in full force and effect.

Failure to exercise a right or to require performance of an obligation under these Terms shall not constitute a waiver. A waiver of one provision or a term shall not constitute a waiver of these Terms.

These Terms may have been translated if we have made them available to you on our Service. You agree that the original English text shall prevail in the case of a dispute.

We reserve the right, at our sole discretion, to modify, change or replace these Terms at any time. If a significant change is made, we will make reasonable efforts to notify customers by email before the new terms take effect. We will determine, at our sole discretion, what qualifies as a significant change.

By continuing to access or use our Services after modifications become effective, you agree to be bound by the updated terms. If you do not agree to the new terms, in whole or in part, please stop using the Website and the Services.

We may send you communications and notices by email or through our Services. You hereby consent to receive communications from the Company in an electronic form, and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. The foregoing does not affect your non-waivable rights.

If you have any questions about these Terms and Conditions, you can contact us: