Terms & Conditions
Last updated: June 29th, 2023
Provider Account Access and Third-Party Provider Accounts
You may choose to provide us with your login information for your Third-Party Provider Account or grant us access to it, as long as it doesn't violate any terms and conditions set by the third-party service provider. By granting us access, you agree that we can access, make available, and store any content you have provided in your Third-Party Provider Account (referred to as "Social Media Content"). This allows us to display it on our Services through your account. Depending on the privacy settings of the Third-Party Provider Accounts you connect, personally identifiable information you post may be visible on our Services. Please note that Social Media Content may become unavailable if the Third-Party Provider Account or associated service becomes unavailable or if our access to the account is canceled by the third-party service provider. You can disconnect your Services account from Third-Party Provider Accounts at any time. Your relationship with third-party service providers associated with your Third-Party Provider Accounts is governed by your agreements with them.
Intellectual Property
All Intellectual Property Rights associated with the Services, including their unique content, features, and functionality, belong exclusively to Podify and its licensors. You shall not dispute or challenge our ownership of these rights, even after termination of the license granted herein. Copyright, trademark, and other laws protect the Services in the United States and other countries. The trademarks and trade dress of Podify cannot be used without written permission from Podify.
Feedback
If you provide us with any ideas, proposals, suggestions, or other materials (collectively referred to as "Feedback"), you acknowledge and agree that such Feedback is not confidential, and you provide it to us voluntarily and without any restrictions. Your provision of Feedback does not create a fiduciary or other obligation. We are free to use Feedback without compensating you and without imposing any restrictions or obligations on you.
Links to Third-Party Websites
Our Services may include links to third-party websites or services that are not owned or controlled by Podify. We have no control over the content, privacy policies, or practices of these third-party websites. We do not endorse these entities/individuals or their websites. You acknowledge that Podify is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by using or relying on third-party material, goods, or services. We recommend that you read the terms and privacy policies of any third-party websites you visit.
Termination
We reserve the right to cancel or suspend your account and deny access to the Services for any reason, including a breach of these Terms. If your account is canceled, we may delete User Content. If you wish to close your account, you can simply stop using the Service. The provisions of these Terms that should survive termination, including ownership provisions, warranty disclaimers, indemnity, and liability limits, will continue to be in effect.
Indemnification
You agree to defend, indemnify, and hold harmless Podify, its licensee and licensors, and their employees, contractors, agents, officers, and directors, from and against any and all claims, actions, settlements, damages, obligations, losses, liabilities, costs, or debt, including attorney's fees, arising out of or related to (a) your use and access of the Service, and (b) your violation of these Terms. We have the right to control the defense of any matter for which you must indemnify us, and you agree to cooperate with our defense. We will make reasonable efforts to notify you of any indemnified claim, action, or process.
Limitation of Liability
Podify and its partners, employees, directors, agents, affiliates, and suppliers shall not be liable for any indirect, incidental, special, exemplary, consequential, or punitive damages arising from (1) your access or use of the Service, (2) any conduct or content of other users or third parties on or through the Service, (3) any content obtained from the Service, or (4) unauthorized access, use, or alteration of your transmissions or content. This limitation applies unless required by applicable law and even if a provided remedy fails to achieve its intended purpose. According to applicable law, our maximum liability to you in relation to the Services or arising from these Terms will not exceed one hundred dollars. This limit applies regardless of the number of claims.
Disclaimer
You use the Services at your own risk. The Services are provided "as is" and "as available," without warranties of any kind. This includes implied warranties of merchantability, fitness for a particular purpose, non-infringement, and performance. Podify, its subsidiaries, affiliates, and licensors do not guarantee that (1) the Services will be uninterrupted, secure, or available at any specific time or location, (2) any errors or defects will be corrected, (3) the Services are free of viruses or other harmful components, or (4) the results of using the Services will meet your requirements.
Exclusions
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for consequential or incidental damages. Therefore, the limitations and exclusions stated in these Terms may not apply to you.
Governing Law
These Terms will be governed and interpreted according to the laws of Wyoming, United States, without regard to its conflict of law provisions. You waive any rights to a jury trial in any legal proceedings arising from or related to these Terms. Podify's failure to enforce any rights under these Terms does not constitute a waiver of those rights. If any part of these Terms is declared invalid or unenforceable by a court, the remaining provisions will remain in effect. These Terms constitute the entire agreement between us regarding the Service and supersede any prior agreements.
Copyright
The Digital Millennium Copyright Act (DMCA) protects copyright owners whose rights have been infringed online. If you believe your copyrighted work has been copied without permission and is available on the Services, you can notify our agent as outlined below. Your notice must include: (1) a physical or electronic signature of a person authorized to act on behalf of the copyright owner; (2) identification of the copyrighted work claimed to have been infringed or a representative list of such works if multiple copyrighted works are covered by the notification; (3) identification of the infringing material that needs to be removed or disabled; (4) a statement that you believe the disputed use is not authorized by the copyright owner, its agent, or the law; and (5) a declaration that the information in the notification is accurate and that you are authorized to act on behalf of the owner of the exclusive right allegedly infringed.
General
These Terms replace any prior agreements, understandings, negotiations, and conversations, whether oral or written. Only Podify can make changes to these Terms; you cannot modify them. Without our written consent, you cannot assign or sublicense your rights or duties. Infringements will lead to termination. All rights not granted by Podify are reserved by our licensors. Our failure to enforce any aspect of these Terms does not waive our rights or affect their validity or our right to take subsequent action. Headings in these terms are for convenience and do not affect their interpretation. These Terms do not form a joint venture, partnership, employment, or agency relationship.
You agree not to use these Terms against Podify. You waive any defense based on these agreements being electronic and unsigned. If a court finds a term, condition, or provision invalid, illegal, or unenforceable, it will be severed, and the remaining provisions will remain valid to the fullest extent permitted by law. A printed version of these Terms and any electronic notice will be admissible in court or administrative proceedings as other printed business documents and records.
Contact Us
If you have any questions about these Terms, please contact us at:hi@podify.io