PodExtra Terms of Service

Effective Date: October 1, 2024

1. Introduction

Welcome to PodExtra (hereinafter referred to as "the Service"). Please read the following Terms of Service carefully before using the Service. By using the Service, you agree to comply with these terms and conditions.

2. Acceptance of Terms

Your use of the Service constitutes your acceptance of these Terms of Service. If you do not agree to all of the terms herein, you are not permitted to use the Service. These Terms of Service, along with our Privacy Policy (which can be found on our website), govern your relationship with PodExtra and your use of the Service.

3. User License

PodExtra grants you a personal, non-exclusive, non-transferable license to use the Service on your own devices for your personal, non-commercial use only. You may not copy, modify, distribute, sublicense, or reverse-engineer the Service, or any part thereof, in any way. This license is based on the functionality and features provided by PodExtra as of the Effective Date of these Terms of Service and may be subject to change in accordance with the provisions herein.

4. Service Use

4.1 General Use

You may use the Service only in accordance with these Terms of Service and all applicable laws and regulations. You are responsible for ensuring that you have a stable internet connection and any necessary equipment to access and use the Service properly.

4.2 Prohibited Use

You are prohibited from using the Service in any way that:

5. Content and Intellectual Property

5.1 Service Content

All content provided by the Service is the property of PodExtra or its licensors and is protected by applicable copyright, trademark, and other intellectual property laws. You may not use, copy, modify, distribute, or sublicense such content without the express written permission of PodExtra or the relevant licensor.

5.2 Your Content

If you submit any content to the Service (such as comments, feedback, or custom preferences), you retain ownership of the intellectual property rights in such content. However, by submitting your content, you grant PodExtra a worldwide, non-exclusive, royalty-free, transferable, and sublicenseable license to use, store, reproduce, modify, create derivative works, display, and distribute your content for the purposes of providing, improving, and promoting the Service. This license continues even if you stop using the Service.

6. Data Usage and Privacy

Our use of data is governed by our Privacy Policy, which can be found on our website. By using the Service, you understand and agree that we may collect, analyze, and process certain data, including personal information, in accordance with the Privacy Policy to provide the Service and its features. We are committed to protecting your privacy and handling your data in a secure and compliant manner.

7. Accuracy and Limitations of Service

7.1 Accuracy

The transcripts, summaries, mind maps, outlines, highlights, and takeaways provided by the Service are generated by our AI system and are intended to be useful references. However, they may not be 100% accurate or complete and should not be considered a substitute for listening to the original podcast or conducting your own research and analysis. You are responsible for verifying the accuracy of any information obtained from the Service.

7.2 Limitations

PodExtra makes no warranties or guarantees regarding the availability, reliability, or suitability of the Service for any particular purpose. The Service may be subject to interruptions, outages, or technical issues from time to time. We will make reasonable efforts to handle and resolve such issues promptly, but we do not guarantee that the Service will always be available or function without errors.

8. Disclaimer of Liability

8.1 General Disclaimer

To the extent permitted by applicable law, PodExtra and its affiliates, officers, agents, and employees shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages arising out of or in connection with your use of the Service, including but not limited to damages for loss of data, loss of profits, business interruption, or personal injury.

8.2 No Warranty

The Service is provided "as is" and "with all faults." PodExtra does not provide any express or implied warranties regarding the Service, including but not limited to warranties of merchantability, fitness for a particular purpose, non-invasion of privacy, or accuracy of content.

8.3 Third-Party Content and Services

The Service may contain links to third-party websites or services. PodExtra is not responsible for the content, privacy policies, or practices of such third parties. Your use of any third-party content or services is at your own risk, and you should review the relevant terms and policies of those third parties before using them.

9. Termination

9.1 By PodExtra

We reserve the right to terminate or suspend your access to the Service at any time, with or without prior notice, for any reason, including but not limited to if you violate these Terms of Service, engage in improper or illegal behavior, or if we determine that it is necessary for technical, and security, or business reasons. In the event of termination, you will no longer have access to the Service, and any data associated with your account may be deleted in accordance with our data retention policies.

9.2 By You

You may stop using the Service at no time by discontinuing your access to it. However, please note that any data you have provided to the Service may still be subject to our data retention and privacy policies even after you stop using the Service.

10. Changes to Terms of Service

We may modify these Terms of Service from time to time to reflect changes in our business, the law, or other relevant factors. We will post notice of any changes on this page at least 14 days in advance of the effective date of the changes (except for the changes required by law, which may be effective immediately). Your continued use of the Service after the effective date of any changes indicates your acceptance of the new terms. If you do not agree to the modified terms, you should stop using the Service.

11. Applicable Law and Dispute Resolution

Applicable Law

The present Terms of Service shall be subject to the laws and regulations of the jurisdiction that pertains to the utilization of the services or the location of the user during relevant events or transactions. The determination of the applicable law shall take into account various factors, including but not limited to the location from which the user accesses the service, the nature of the issue or dispute under consideration, and any other relevant circumstances.

Dispute Resolution

Initial Resolution Attempt

In the event of any disputes or controversies arising out of or in connection with these Terms of Service or the utilization of the service, both parties, namely the user and the website operator, are obligated to initially endeavor to resolve the matter amicably through direct communication. The user may initiate such communication by contacting the website operator at [email protected].

Legal Resolution in Case of Failure

Should an amicable resolution not be reached within a reasonable period of time (determined on a case-by-case basis), the parties shall seek to resolve the dispute through the appropriate legal channels. The specific court or arbitration body to which the dispute shall be submitted for resolution shall be contingent upon the applicable law as determined above and the nature of the dispute itself.

Cost Allocation

Each party shall bear its own costs associated with the process of dispute resolution, unless otherwise mandated by the applicable law or as determined by the court or arbitration body handling the dispute.

It is to be noted that by availing of the service, the user hereby waives any right to a jury trial and any right to institute a class action lawsuit against the website operator in connection with any disputes arising out of or in connection with these Terms of Service or the utilization of the service.