Terms of Service

Updated June 6th 2024

Scope of These Terms

The aim of these Terms of Service is to clearly outline both your obligations as a user and our commitments as a service provider.

These Terms of Service establish the relationship between PodcastAI and you, the user. They set forth the legal parameters that govern us as a provider of services and detail specific guidelines for engaging with our Services, which we request you adhere to. Below is a summary of the sections included in these terms and their purpose:

About the terms

PodcastAI is a platform designed to help podcasters create amazing content with the help of artificial intelligence. We offer tools that make it easy for you to turn your ideas into engaging podcast episodes for your listeners to enjoy.

Service Provider

PodcastAI, Inc. is a company registered in the State of Delaware. You can find us at: 2810 N Church St, PMB 51378, Wilmington, DE, 19802-4447, US.

Age Requirements

If you're not an adult yet, you need to have your parent or legal guardian's permission to use our services. Parents and legal guardians, if you let your child use our services, you're responsible for what they do while using them.

Your Relationship with PodcastAI

By agreeing to these terms, you're starting a relationship with us. We'll give you permission to use our services as long as you follow these terms. Our services include AI-based host creation, topics and script generation.

What You Can Expect from PodcastAI

We're always working to improve. We're constantly working to make our services better. That means we might add or remove features, change usage limits, and even start or stop offering certain services. We'll also make changes to keep up with laws and regulations, prevent abuse or harm, address legal, regulatory, safety, or security issues, adapt to new technologies, and respond to changes in how many people use our services.

Site Management

We want to make sure our services are safe and enjoyable for everyone. To do this, we may monitor our services to make sure everyone is following these terms. If necessary, we can take action against users who break the rules. This might include things like restricting access to our services, blocking certain IP addresses, or taking other steps to protect our rights and property.

Your Content and Intellectual Property

We want to be clear: we don't claim any ownership over the content you upload or generate using our services. This includes things like your podcast transcripts, AI-generated hosts, and new podcast episodes. We won't use your content without your permission, except as necessary to provide our services.

We do use the content you upload to improve our services and models. We make sure to store and process your files securely to protect them from unauthorized access. You can ask us to delete your files, but we can't return them to you, as we don't offer a data storage service.

Modifications and Interruptions

We can't guarantee that our services will always be available. Sometimes, we might experience issues with our hardware, software, or other systems. We might also need to perform maintenance, which could cause interruptions, delays, or errors. In some cases, we may need to change, suspend, or stop offering our services without giving you notice.

For users with free plans, we reserve the right to change, suspend, or stop offering our services for any reason and without notice. If you're using a paid plan, we'll let you know in advance if any changes to our services might affect your experience.

Your Responsibilities

We expect you to follow these terms and any additional guidelines we provide for specific services. By using our services, you agree to respect the rights of others, including their intellectual property rights, publicity rights, and copyright. You also agree not to abuse or harm others, interfere with our services, or engage in any illegal or unauthorized activities while using our services.

Permission to Use Your Content

To provide our services, we need your permission to use the content you upload or generate. This includes things like your podcast transcripts and AI-generated content. By using our services, you give us the right to use your content for the purpose of providing and improving our services. You still own your content, and we won't use it for other purposes without your permission.

Using PodcastAI Services

Your Responsibilities

As a user of PodcastAI services, you are responsible for any content you upload and generate using our platform. Make sure you have the necessary rights, permissions, and consents before sharing or uploading files to our services.

For example, if you're using a voice recording from someone else, you must obtain their permission to use their voice for AI-generated content. You alone are responsible for securing these rights and permissions.

Acceptable Use

You agree not to use our services for any illegal or harmful activities, including but not limited to:

  • Violating any local, national, or international laws.
  • Infringing on the rights of others, such as copyright, trademarks, or privacy rights.
  • Harassing, threatening, or discriminating against any person or group.
  • Impersonating others or attempting to obtain sensitive account information.
  • Interfering with the operation, security, or integrity of our services.

Consequences of Violations

We may take action if we find that the content you upload or generate using our services violates the law, these terms, or could harm PodcastAI or others. Before taking action, we will generally notify you and give you an opportunity to fix the problem, unless we believe doing so would cause harm, violate the law, or compromise our services.

Actions we may take include:

  • Removing content that violates our policies or the law.
  • Suspending or terminating your access to PodcastAI services.
  • Deleting your PodcastAI account.

Reporting Infringements

If you believe that material hosted on our platform infringes upon your intellectual property rights, or the rights of a person you represent, please notify us at [email protected]. Be sure to include sufficient information to help us identify and locate the material, as well as your contact information.

Attribution

We kindly ask that you credit PodcastAI when sharing content generated by our services outside of our platform. You can do so by including "Generated by PodcastAI" or "podcastai.com" in the description.

Account Creation and Usage

To use certain features of PodcastAI services, you may be required to register and create a user account by providing an email address and password. By registering and agreeing to our Terms of Service, you accept these terms and any applicable policies.

You must keep your password confidential and be responsible for all use of your account and password. You are not allowed to share or resell access to your account with others.

User-Generated Content

By uploading files to our services, you confirm that you either own the files or have the necessary rights and permissions to use them. You are solely responsible for the content generated using uploaded files that you do not own or do not have permission to use.

Prohibited Activities

At PodcastAI, we are committed to creating a safe and respectful environment for all users of our Services. As a user, it is important to adhere to the following prohibited activities, which aim to ensure compliance with the law and maintain a positive community:

  1. Violate Laws: Do not engage in any activities that violate national or international laws.
  2. Harmful Content: Do not generate or share content that is illegal, threatening, fraudulent, or harmful. This includes content that discriminates against individuals based on race, color, national or ethnic origin, religion, age, sex, gender, sexual orientation, preference, or physical handicap.
  3. Intellectual Property Infringement: Respect the intellectual property rights of others. Do not infringe upon copyrights, right of publicity, right of likeness, or any other intellectual property rights. Additionally, refrain from defaming or portraying third parties in a false light.
  4. Impersonation: Do not fraudulently impersonate individuals or companies.
  5. Protection of Minors: Do not exploit or harm minors in any way.
  6. Harassment and Threats: Do not harass, threaten, or promote violence against individuals or specific groups.
  7. Misleading Conduct: Do not mislead or trick us or other users, especially in attempts to gain sensitive account information.
  8. Security Interference: Do not disable, interfere with, or circumvent security features of our Services.
  9. Service Disruption: Do not disrupt or burden our Services, the connected networks, or other services.
  10. Automated Use: Do not engage in automated use of our systems, except for our Public API. This includes the use of scripts, data mining, robots, or similar tools for sending comments or messages, or extracting data.
  11. Software Copying: Do not copy or reproduce our Services' software, including its code.
  12. Source Code Discovery: Do not attempt to discover the source code or underlying components of our Services, such as models, algorithms, and systems, unless contrary to applicable law.
  13. Profile Transfer: Do not sell or transfer your profile to others.
  14. Employee Harassment: Do not harass, annoy, intimidate, or threaten our employees who provide assistance or support.
  15. Improper Support Use: Do not make improper use of our support services or submit false reports of abuse or misconduct.
  16. Harm to PodcastAI: Do not engage in any activities that harm us or our Services in any way.

Taking Action in Case of Violations

Maintaining a fair and just community is our priority. If we find that your content breaches these terms, violates applicable laws, or could harm others or PodcastAI, we reserve the right to take appropriate action in accordance with the law. This may include the removal of some or all of your content. Examples of content that may be removed include material facilitating human trafficking or harassment, content containing terrorist material, or content infringing upon someone else's intellectual property rights.

Suspending or Terminating Access to PodcastAI Services

While we strive to provide uninterrupted access to our Services, there may be instances where we need to suspend or terminate your access or delete your PodcastAI Account. We reserve the right to take such action if any of the following occur:

  1. Material Breach: You materially or repeatedly breach these terms.
  2. Legal Compliance: We are required to suspend or terminate your access to comply with a legal requirement or a court order.
  3. Harm or Liability: We reasonably believe that your conduct causes harm or liability to a user, a third party, or PodcastAI. This includes actions such as harassment, misleading behavior, impersonation, defamation, hacking, phishing, or unauthorized scraping of content.

If you believe that your account has been suspended or terminated in error, you have the right to appeal and address the issue with us.

You are always free to stop using our Services at any time. Simply discontinue your usage if you no longer wish to avail of our offerings.

EU Specific
If you are a Consumer based in the European Economic Area (EEA), you have the additional right to withdraw from these terms within 14 days of accepting them. This provides you with an opportunity to reconsider your agreement.

We value your trust and aim to provide a reliable and satisfactory service. If you have any questions or concerns, please don't hesitate to reach out to us at [email protected].

Using PodcastAI services on behalf of an Organization or Business

You have the option to use our Site or Service as a Consumer or as a Business Customer. A "Consumer" refers to a natural person acting outside the scope of an economic activity, while a "Business Customer" includes natural or legal persons and partnerships who engage in commercial or self-employed professional activities.

If you wish to use our Services on behalf of an Organization, an authorized representative of that Organization must agree to these terms.

To provide you with our Services, we may send you important announcements, updates, and other relevant information. For more details on how we communicate with you, please refer to our Privacy Policy.

Payment, Term, and Termination

If you choose a paid plan, you will be charged on a monthly basis, starting from the day of subscription. The specific price will be based on the current information displayed on our pricing page, plus all applicable taxes.

You can terminate your subscription at any time before the end of the current billing period to avoid a renewal of your plan. You will continue to have use of your plan until the end of your current billing period.

Refund Policy

Please note that refund requests for payments made more than 48 hours ago will not be honored.

In Case of Problems and Disagreements

Both the law and these terms provide you with certain rights and mechanisms to address any issues that may arise.

EU & UK Specific
If you are a Consumer based in the EU or UK, you are entitled to all the legal rights granted to Consumers under applicable law.

EU Specific
If you are based in the EU and have agreed to our Terms of Service, EU Consumer laws provide you with a legal guarantee for the digital services we provide. Under this guarantee, we are liable for any lack of conformity that you discover at any time during the "continuous" supply of digital content or services.

Your national laws may provide an even longer guarantee period. If you need to make a guarantee claim, please contact us at [email protected].

US Specific (Warranty Disclaimer)
While we continuously strive to improve our Services to meet your needs, it is important to note that we offer our Services without warranties unless explicitly stated in our Service-specific additional terms. To comply with legal requirements, we must provide the following warranty disclaimer using specific language:

THE SITE AND OUR SERVICES, INCLUDING THE AI-BASED HOST CREATION THAT ALLOWS FOR VOICE CLONING SERVICE, ARE PROVIDED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. YOUR USE OF THE SITE AND OUR SERVICES IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE. WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS. WE ARE NOT LIABLE FOR ANY INFRINGEMENT OF THE RIGHTS OF ANY THIRD PARTY, INCLUDING COPYRIGHT INFRINGEMENT AND RIGHT OF PUBLICITY, ARISING FROM YOUR USE OF OUR SERVICES, INCLUDING THE AI-BASED HOST CREATION THAT ALLOWS FOR VOICE CLONING SERVICE. WE ARE NOT RESPONSIBLE FOR ANY PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE. WE DO NOT WARRANT THAT OUR SECURE SERVERS AND ANY PERSONAL OR FINANCIAL INFORMATION STORED THEREIN WILL BE FREE FROM UNAUTHORIZED ACCESS OR USE. WE DISCLAIM ANY LIABILITY FOR INTERRUPTIONS OR CESSATION OF TRANSMISSION TO OR FROM THE SITE. WE ARE NOT RESPONSIBLE FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR SIMILAR HARMFUL COMPONENTS TRANSMITTED THROUGH THE SITE BY ANY THIRD PARTY. ADDITIONALLY, WE ARE NOT LIABLE FOR ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS, NOR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE.

WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE OR ANY LINKED WEBSITE. WE WILL NOT BE A PARTY TO OR RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF ANY PRODUCT OR SERVICE, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

Liabilities

For all users

US & UK Specific
These terms and the law aim to establish a fair balance regarding the liabilities between PodcastAI and its users. We may limit our liability for certain matters but not for others.

Our liability is limited to the extent permitted by law. However, please note that these terms do not intend to limit our liability for fraud, fraudulent misrepresentation, or death or injury caused by negligence or willful misconduct.

Except for the breaches mentioned above, PodcastAI is only liable for our breaches of these terms, as allowed by applicable law.

US Specific
To the extent permitted by law, PodcastAI is only liable for its breaches of these terms or any applicable Service-specific additional terms.

PodcastAI is not liable for:

  • Loss of profits, revenues, business opportunities, goodwill, or anticipated savings.
  • Indirect or consequential losses.
  • Punitive damages.

You agree to indemnify, defend, release, and hold us harmless, including our subsidiaries, affiliates, officers, agents, partners, and employees, from any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, arising from claims made by any natural person or third party in connection with the use, processing, and storage of the files you upload to our Services.

You also agree to accept full legal responsibility for and pay any royalties, penalties, fees, or damages awards resulting from any claims of intellectual property infringement brought against us by others as a result of the files and content you upload and generate using our services, which you do not own or are not authorized to provide to us.

We are not liable for any statements or representations in your uploaded files and generated content. You are solely responsible for the files you upload and the content you generate using our service. You expressly agree to release us from any responsibility and refrain from any legal action against us regarding your generated content.

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, ARISING FROM YOUR USE OF THE SITE AND/OR OUR SERVICES, INCLUDING THE VOICE CLONING SERVICE, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF OUR SERVICES. THIS INCLUDES, BUT IS NOT LIMITED TO, THE FOLLOWING, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES:

  1. ANY ERRORS, MISTAKES, INACCURACIES, OR OMISSIONS IN ANY CONTENT, INFORMATION, OR SERVICES.
  2. ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF OUR SERVICES, INCLUDING THE VOICE CLONING SERVICE, OR ANY CONTENT (OR INFORMATION) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES.
  3. ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF INFRINGEMENT OF THE RIGHTS OF ANY THIRD PARTY, INCLUDING COPYRIGHT INFRINGEMENT AND RIGHT OF PUBLICITY, ARISING FROM THE USE OF OUR SERVICES, INCLUDING THE VOICE CLONING SERVICE.
  4. PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES.
  5. ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVICES, SECURE SERVERS, AND/OR ANY PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN.
  6. ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE OR SERVICES.
  7. ANY BUGS, VIRUSES, TROJAN HORSES, OR SIMILAR HARMFUL COMPONENTS TRANSMITTED TO OR THROUGH THE WEBSITE OR SERVICES BY ANY THIRD PARTY.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

EU Specific
We acknowledge unrestricted liability for damages caused by deliberate intention or gross negligence.

In cases of slight negligence, our liability is limited to the infringement of essential contractual obligations, which jeopardize the purpose of the contract or the fulfillment of duties necessary for proper contract implementation and upon which you generally rely. In such cases, we are liable only for typical and foreseeable damages at the time the respective service was provided.

We shall not be held liable for:

(i) failure to perform our obligations due to events beyond our reasonable control, including acts of God, terrorism, civil unrest, war, fires, power cuts, or epidemics, or

(ii) initial defects without fault as defined in § 536a (1) of the German Civil Code (BGB).

The limitations of liability mentioned above also extend to the personal liability of our employees, legal representatives, and performance assistants.

The aforementioned limitations of liability do not apply to cases of damages to life, body, or health, cases of product warranty, cases of fraudulent concealment of defects by us, our legal representatives, or performance assistants, or under the German Product Liability Act (Produkthaftungsgesetz).

Our liability for the loss of data is limited to the amount that would have been incurred to restore the data if it had been properly and regularly backed up.

In the case of users on a free plan, the following deviations apply: We are not obligated to remedy a defect in the service. We shall be liable for damages only if the defect was willfully concealed by us. Otherwise, our liability is limited to intentional acts and gross negligence.

For Business Customers and Organizations

US Specific
If you are a Business Customer or Organization:

To the extent permitted by applicable law, you agree to indemnify PodcastAI and its directors, officers, employees, and contractors for any third-party legal proceedings, including actions by government authorities, arising from your unlawful use of the services or violation of these terms or service-specific additional terms. This indemnification covers any liability or expense arising from claims, losses, damages, judgments, fines, litigation costs, and legal fees.

• If you are legally exempt from certain responsibilities, including indemnification, those responsibilities do not apply to you under these terms. For example, if you have certain immunities from legal obligations as recognized by relevant authorities, these terms do not override those immunities.

PodcastAI's total liability arising from or relating to these terms is limited to the greater of (1) $200 or (2) the fees paid to use the relevant services within the 12 months preceding the dispute.

EU & UK Specific
If you are a Business Customer or Organization:

To the extent allowed by applicable law, you agree to indemnify PodcastAI and its directors, officers, employees, and contractors for any third-party legal proceedings, including actions by government authorities, arising from your unlawful use of the services or violation of these terms or service-specific additional terms. This indemnification covers any liability or expense arising from claims, losses, damages, judgments, fines, litigation costs, and legal fees.

• If you are legally exempt from certain responsibilities, including indemnification, those responsibilities do not apply to you under these terms. For example, if you have certain immunities from legal obligations as recognized by relevant authorities, these terms do not override those immunities.

PodcastAI will not be responsible for the following liabilities:

  • Loss of profits, revenues, business opportunities, goodwill, or anticipated savings
  • Indirect or consequential loss
  • Punitive damages

PodcastAI's total liability arising from or relating to these terms is limited to the greater of (1) €500 or (2) 125% of the fees you paid to use the relevant services within the 12 months preceding the breach.

Handling Requests for Your Data

Respect for the privacy and security of your data is of utmost importance to us when responding to data disclosure requests. For detailed information, please refer to our Privacy Policy.

Settling Disputes, Governing Law, and Courts

US Specific

Informal Negotiation
To expedite resolution and manage the costs of any dispute, controversy, or claim (referred to as "Dispute" or collectively as "Disputes") arising from these Terms of Service, both you and PodcastAI (referred to individually as a "Party" and collectively as the "Parties") agree to attempt informal negotiations for a minimum of thirty (30) days before initiating arbitration, unless otherwise specified in the provisions below. Informal negotiations begin upon written notice from one Party to the other Party.

For contact information regarding PodcastAI, please refer to the appropriate section. If you are a Business Customer, and to the extent permitted by applicable law, the exclusive jurisdiction and venue for disputes shall be the location where our company is based.

Exceptions to Informal Negotiations and Arbitration
The Parties acknowledge that the following Disputes are not subject to the provisions regarding informal negotiations and binding arbitration: (a) Disputes related to the enforcement, protection, or validity of any Party's Intellectual Property Rights; (b) Disputes arising from theft, piracy, invasion of privacy, or unauthorized use allegations; and (c) Claims for injunctive relief. If any provision is deemed illegal or unenforceable, neither Party will elect to arbitrate Disputes falling within that portion. Such Disputes shall be resolved by a competent court within the jurisdiction listed above, and both Parties agree to submit to the personal jurisdiction of that court.

If you are a resident of, or an Organization based in, the United States, these Terms of Service and your use of the Site are governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law principles.

EU Specific
If you are a resident of, or an Organization based in, the European Economic Area (EEA) or Switzerland, these terms and your relationship with PodcastAI under these terms and Service-specific additional terms are governed by the laws of your country of residence, and you may file legal disputes in your local courts. If you are an EEA-based Consumer, please contact us directly to resolve any issues.

The European Commission provides an online platform for dispute resolution, accessible at http://ec.europa.eu/Consumers/odr/. We are not obliged to participate in alternative dispute resolution before a Consumer dispute settlement commission, nor will we do so voluntarily.

UK Specific
If you are a resident of, or an Organization based in, the United Kingdom, these terms and your relationship with PodcastAI under these terms and Service-specific additional terms are governed by English law, and you may file legal disputes in the English courts.

The Parties agree to waive any right to bring claims against each other as representatives or members of a class or in any representative action, unless such waiver is prohibited by law or determined by a court of law to be contrary to public policy.

Instructions for EEA Members to Withdraw

Contact PodcastAI to Withdraw from these terms

If you're a resident of the European Economic Area (EEA), you're entitled to cancel this agreement without providing any explanation within a period of 14 days. This 14-day cancellation period commences from the date the contract was concluded.

How to Exercise Your Withdrawal Rights

To withdraw from this agreement, you need to send us a clear statement of your decision. You can do this by sending a written communication either by post or email to:

PodcastAI, Inc.
2810 N Church St, PMB 51378,
Wilmington, DE, 19802, USA
Email: [email protected]

Deadline for Withdrawal

Your withdrawal is considered timely if you send your withdrawal communication before the 14-day period has ended. The exact timing of the message, whether you send it on the first or last day of the withdrawal period, is not as important as ensuring it is sent before the period lapses.

Effects of withdrawal

Reimbursement Upon Contract Withdrawal
If you decide to cancel this contract, we are committed to refunding all payments we have received from you. This includes delivery costs, with the only exception being any additional costs that arose from your selection of a delivery method other than our standard, least expensive option. This reimbursement will be made without unnecessary delay, and no later than 14 days from the day we are notified of your decision to withdraw from the contract.

The reimbursement will be processed using the same payment method you used for the initial transaction unless you explicitly agree to a different method. In any case, this reimbursement will not result in any additional fees on your end.

Payment for Services Provided Before Contract Withdrawal
If you requested the commencement of Services within the withdrawal period, you will be required to pay a proportionate amount for the Services provided up to the point you informed us of your contract withdrawal. This amount will be calculated relative to the full scope of the contract.

Premature Expiry of Withdrawal Rights
Your right to withdraw from the Agreement may expire before the end of the withdrawal period under certain conditions. This happens if we began providing Services after you, as a consumer, expressly agreed that we should start executing the contract before the end of the withdrawal period. In addition, you must have confirmed that you understand that the right to withdraw from the contract will be lost once the contract execution begins.

Model withdrawal form

[Your Name]
[Your Address]
[City, State, Zip]
[Your Email Address]
[Today's Date]
I/We, [Your Full Name], hereby give notice of my/our intention to withdraw from our agreement for the provision of the following service: [Specify the Service].

The service was ordered on/received on: [Specify the Date].
Please consider this as formal notice for my/our withdrawal from this contract. Kindly proceed with the necessary steps to facilitate this process.
If there are additional steps needed to complete this process, please provide specific instructions.

Best Regards,
[Your Full Name]

Please note that if you're submitting this form in physical form, remember to include your signature.

Definitions

Affiliate - an entity that belongs to the PodcastAI group of companies, which includes PodcastAI Inc. and its subsidiaries
Business Customer - a natural or legal person or a partnership with legal capacity who, when entering into a legal transaction, acts in the course of its commercial or self-employed professional activity
Consumer - a natural person who is acting outside the scope of an economic activity
Copyright - a legal right that grants the creator of an original work (such as a blog post, photo, or video) the authority to control the use of that work by others, subject to certain limitations and exceptions (such as "fair use")
Disclaimer - a statement that limits someone's legal responsibilities
PodcastAI (also referred to as "we," "us," and/or "our") - PodcastAI, Inc., a company incorporated in Delaware, United States, with its address at 2810 N Church St, PMB 51378,
Wilmington, DE, 19802, and its affiliates
Generated Content / Content you Generate - the podcast audio content generated by a user using our services, including the AI-based Host Creation and Topics and Script Generation.
Indemnity or indemnify - an individual or organization's contractual obligation to compensate for the losses suffered by another individual or organization from legal proceedings, such as lawsuits
Intellectual Property Rights - rights over creations of the mind, including inventions (patent rights), literary and artistic works (copyright), designs (design rights), and symbols, names, and images used in commerce (trademarks). IP rights may belong to you, another individual, or an organization
Liability - losses arising from any type of legal claim, whether based on a contract, tort (including negligence), or other reason, and whether or not those losses could have been reasonably anticipated or foreseen
Organization - a legal entity (such as a corporation, nonprofit, or educational institution) and not an individual person
Service, Services - include any and all of the following services provided by PodcastAI:

  • Site - https://podcastai.com
  • AI-based Host Creation - Our service that aids in the development of AI-based host characters using voice, past transcripts, and photographs.
  • Topics and Script Generation - This feature utilizes AI to generate topics and scripts relevant to your podcast’s context. It adheres strictly to the usage parameters outlined in our Terms of Service.

Trademark - symbols, names, and images used in commerce that can distinguish the goods or services of one individual or organization from those of another
Uploaded Files - any materials uploaded by a user to their profile on the PodcastAI platform
Warrant, warranty - an assurance that a product or service will meet a certain standard
Your Content - files that you create, upload, submit, store, send, generate, or receive using our services
Your Contributions - all feedback, suggestions, and input you provide to the platform and in your communications with us

​​Contact us

If you encounter any issues or have any concerns related to our Site or the use of our services, we are more than ready to help. To initiate the resolution process or to request further information regarding the use of our services, please get in touch with us at:

[email protected]

PodcastAI, Inc.
2810 N Church St, PMB 51378,
Wilmington, DE, 19802
United States