Terms of Service

Introduction

Welcome to Podcraftr!

Podcraftr is a revolutionary service designed to transform your email newsletters into engaging podcasts instantly. Our platform leverages cutting-edge technology to provide users with a seamless experience from newsletter to podcast, making content creation more accessible than ever.

By accessing or using the Podcraftr service, applications, or website (“Service”), you agree to be bound by these Terms of Service (“Terms”). These Terms govern your access to and use of Podcraftr and outline your rights and responsibilities when using our Service. If you do not agree to these Terms, you must not access or use the Service.

Please read these Terms carefully, as they constitute a legal agreement between you, the user, and Podcraftr. By accepting these Terms, you acknowledge that you have read, understood, and agreed to be bound by them.

Eligibility and Access

Age Requirements

The Podcraftr Service is not available to persons under the age of 13. If you are between 13 and 18 years old (or the age of majority in your jurisdiction), you may use Podcraftr only under the supervision of a parent or legal guardian who agrees to be bound by these Terms. By using the Service, you represent and warrant that you meet the age requirement set forth in this section and that your use of the Service complies with any and all applicable laws and regulations.

Legal Capacity to Enter into Agreements

By agreeing to these Terms, you represent and warrant that you have the legal capacity to enter into a binding agreement. If you’re using the Service on behalf of a company, organization, or another entity, you represent and warrant that you have the authority to bind such entity to these Terms, in which case the terms “you” and “your” as used in these Terms shall refer to such entity.

Account Creation and Responsibilities

To access certain features of the Service, you may be required to create a Podcraftr account. In doing so, you agree to (a) provide accurate, current, and complete account information, (b) maintain and promptly update, as necessary, your account information, (c) maintain the security of your password and accept all risks of unauthorized access to your account and the information you provide to us, and (d) immediately notify us if you discover or otherwise suspect any security breaches related to the Service.

By creating an account, you agree not to share your account information or allow others to use your account. You are solely responsible for all activities that occur under your account, whether or not you have authorized such activities. Podcraftr will not be liable for any loss or damage arising from your failure to comply with the above requirements.


This expanded section provides users with a clear understanding of the Service’s nature, the agreement’s scope upon accepting the Terms, and the criteria for eligibility and account management. It sets the foundation for a transparent and legally sound relationship between Podcraftr and its users.

Privacy and Data Protection

Data Collection and Use

Podcraftr is committed to safeguarding the privacy and personal information of our users. Our Service collects data to provide, improve, protect, and promote our Service. This data may include personal information you provide when creating an account, such as your name, email address, and content you generate while using our service. Additionally, we may collect technical data such as log files, device information, and usage metrics to enhance the functionality and security of our Service.

User Consent

By using Podcraftr, you consent to the collection, use, and sharing of your data as described in our Privacy Policy and these Terms. We will not use or share your information except as outlined in our Privacy Policy or under these Terms. You may withdraw your consent at any time by discontinuing your use of the Service or contacting us directly to request the deletion of your data.

Data Sharing and Disclosure

Podcraftr may share your data with third parties under the following circumstances:

  • With service providers who assist us in providing the Service, under strict confidentiality agreements.
  • To comply with legal obligations, such as responding to a valid court order or regulatory requirement.
  • In connection with a merger, acquisition, bankruptcy, dissolution, reorganization, or similar transaction or proceeding involving Podcraftr.

We will not share, sell, rent, or disclose your personal information to third parties for their marketing purposes without your explicit consent.

Rights of Users Under Privacy Laws

Depending on your jurisdiction, you may have certain rights regarding your personal information, including:

  • The right to access and receive a copy of your personal information.
  • The right to request the correction of inaccurate or incomplete personal information.
  • The right to request the deletion of your personal information under certain circumstances.
  • The right to object to or restrict the processing of your personal information.

Please review our Privacy Policy or contact us directly for more information about exercising these rights.

User Content and Intellectual Property

Definition of User Content

“User Content” refers to all audio, text, images, and any other content that you upload, publish, or display through the Podcraftr Service. This includes podcasts generated from email newsletters and any other material you provide to be incorporated into your podcasts.

Ownership and Rights

You retain all rights and ownership of your User Content. By uploading, posting, or otherwise making your content available to the Service, you represent and warrant that you have all the rights necessary to use your content, including for commercial purposes, and grant the licenses described in these Terms without infringing on the rights of others.

Licensing to Podcraftr

By submitting, posting, or displaying User Content on or through the Service, you grant Podcraftr a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute such User Content in any and all media or distribution methods now known or later developed, solely for the purpose of operating, promoting, and improving our Service, and to develop new ones. You maintain the right to use your User Content for your own commercial purposes outside of the Service. This license continues even if you stop using our Service.

Intellectual Property Infringement

Podcraftr respects the intellectual property rights of others and expects users of the Service to do the same. We will respond to notices of alleged copyright or intellectual property infringement that comply with applicable law. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify us. We reserve the right to remove content alleged to be infringing without prior notice, at our sole discretion, and to terminate the accounts of repeat infringers.

Use of the Service

Permitted Uses

Podcraftr is provided for your personal and commercial use and is aimed at allowing users to convert their email newsletters into podcasts. As part of these Terms, you are expressly permitted to use the podcasts and any content you create or generate through the Podcraftr Service for your own commercial purposes. This includes, but is not limited to:

  • Creating and distributing podcasts from your email newsletters.
  • Sharing podcasts on social media platforms, provided you adhere to the terms of those platforms and do not infringe on any third-party rights.
  • Selling access to your podcasts.
  • Incorporating your podcasts into commercial offerings.
  • Using your podcasts for advertising or promoting products or services.

Prohibited Conduct

Users of Podcraftr must not engage in conduct that:

  • Violates any applicable law, regulation, or ordinance.
  • Infringes on the intellectual property rights of others or on the privacy or publicity rights of others.
  • Is harmful, fraudulent, deceptive, threatening, abusive, defamatory, obscene, or otherwise objectionable.
  • Involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing or “spamming.”
  • Interferes with or disrupts the Service.
  • Attempts to gain unauthorized access to the Service, other user accounts, or computer systems or networks connected to the Service.

Service Limitations and Modifications

Podcraftr aims to provide a reliable and efficient service but does not guarantee that the service will be available at all times, uninterrupted, or error-free. We reserve the right to:

  • Modify, suspend, or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
  • Limit certain features or parts of the Service without notice or liability.
  • Refuse or cancel services, remove or edit content, or cancel orders at our sole discretion.

Subscriptions, Payments, and Cancellations

Subscription Plans and Pricing

Podcraftr offers various subscription plans to meet different user needs. Details regarding the subscription options, including features and pricing, are available on our website. Prices for subscriptions can change, and we will provide advance notice of any price changes.

Payment Methods and Billing

Payments for subscriptions to Podcraftr are processed using third-party payment processors. By subscribing to our Service, you agree to pay the subscription fees and any taxes applicable to your subscription. Billing occurs on a recurring basis on the anniversary of your subscription until canceled.

Renewals and Cancellations

Your Podcraftr subscription will automatically renew at the end of each subscription period, unless you cancel your subscription through your account settings before the end of the current subscription period. The cancellation will take effect the day after the last day of the current subscription period.

Refunds Policy

All payments made to Podcraftr are non-refundable, and there are no refunds or credits for partially used periods, except as required by applicable law. In certain jurisdictions, subscribers might have the right to cancel a subscription purchase within a certain number of days from the transaction date and obtain a refund.

Monetization of Podcasts

Podcraftr Monetization at Free Subscription Tier

At the free subscription tier, Podcraftr reserves the right to monetize users’ podcasts through advertising, sponsorships, or other means for Podcraftr’s own benefit. By using the Service at the free subscription tier, you agree that Podcraftr may insert advertisements or promotions before, during, or after your podcast, and you will not be entitled to any revenue generated from such advertisements or promotions.

User Monetization at Paid Subscription Tiers

Users subscribed to any of Podcraftr’s paid tiers retain the right to monetize their own podcasts through advertising, sponsorships, or other means for their own benefit. Podcraftr will not insert its own advertisements or promotions in podcasts hosted on paid subscription tiers, allowing users full control over monetization opportunities.

Monetization Through Podcraftr Platform

Should users choose to monetize their podcasts through advertising or sponsorships facilitated by the Podcraftr platform, the following conditions will apply:

  • Impressions and Earnings Reporting: Podcraftr will provide users with daily reports on impressions and earnings generated through monetization activities on the platform. These reports aim to maintain transparency and allow users to track their monetization performance effectively.
  • Payout Schedule: Users’ earnings from monetization activities will be paid out 90 days after the end of the month in which the impressions are processed. This payout schedule allows for the necessary processing and verification of earnings to ensure accurate and fair compensation for users.

Third-party Services and Content

Use of Third-party Services

Podcraftr may integrate or offer access to services provided by third parties, which can include, but is not limited to, data storage, analytics services, and payment processing. The use of any such third-party services will be subject to their respective terms of service and privacy policies. You acknowledge that Podcraftr has no control over and assumes no responsibility for the content, privacy policies, or practices of any third-party services.

Links to Third-party Websites

Our Service may contain links to third-party websites or resources. These links are provided for your convenience only and do not imply any endorsement by Podcraftr of the site or any association with its operators. Podcraftr has no control over the contents of those sites or resources and accepts no responsibility for them or for any loss or damage that may arise from your use of them.

No Endorsement or Responsibility for Third-party Content

Podcraftr does not endorse, approve, or verify the content available on third-party services or websites. You agree that Podcraftr is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites. The inclusion of such a link does not imply endorsement by Podcraftr or any association with its operators.

Prohibited Conduct

Comprehensive List of Prohibited Actions

When using Podcraftr, you agree not to:

  • Engage in any activities that violate any applicable law, contract, intellectual property, or other third-party right.
  • Upload, distribute, or disseminate any unlawful, defamatory, harassing, abusive, fraudulent, obscene, or otherwise objectionable content.
  • Transmit viruses, malware, or any other malicious or harmful code.
  • Attempt to decipher, decompile, disassemble, or reverse engineer any of the software or algorithms used to provide the Service.
  • Bypass any measures Podcraftr uses to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein.
  • Use the Service to collect or harvest any personally identifiable information, including account names, from the Service.
  • Impersonate another person or otherwise misrepresent your affiliation with a person or entity, conduct fraud, hide or attempt to hide your identity.
  • Use the Service in any manner not permitted by these Terms.

Consequences of Prohibited Conduct

Engaging in prohibited conduct may result in immediate termination or suspension of your Podcraftr account, legal action against you, and the disclosure of information necessary to comply with a court order, legal process, or government request. Furthermore, you may be liable for monetary damages, fines, or other penalties for violating these Terms. Podcraftr reserves the right to investigate and prosecute any suspected breaches of these Terms or the Service.

Podcraftr also reserves the right, at any time and without prior notice, to remove or disable access to any content that Podcraftr, at its sole discretion, considers to be in violation of these Terms or otherwise harmful to the Service or its users.

Content Moderation

Podcraftr’s Moderation Policy

Podcraftr is committed to maintaining a safe and respectful environment for all users. We reserve the right, but are not obligated, to monitor and moderate content submitted to the Service. Our moderation efforts are aimed at preventing the spread of harmful, illegal, or otherwise inappropriate content.

Reporting Inappropriate Content

If you encounter content on Podcraftr that you believe violates our Terms of Service or is otherwise harmful or inappropriate, we encourage you to report it to us. Please provide a detailed description of the offending content and where it can be found on the Service. Podcraftr will review all reports and take appropriate action in accordance with our moderation policy and applicable law.

Enforcement Actions

Depending on the severity of the violation, Podcraftr may take one or more of the following actions:

  • Remove or refuse to post the reported content.
  • Issue a warning to the user who posted the offending content.
  • Temporarily or permanently suspend the user’s account.
  • Take other legal or technical steps to enforce the Terms and protect the Service and its users.

Termination and Account Cancellation

Conditions for Termination by User

You may terminate your Podcraftr account at any time, for any reason, by following the instructions on the Service for account cancellation or by contacting our support team.

Conditions for Termination by Podcraftr

Podcraftr may terminate your account or access to the Service without notice if:

  • You breach any provision of these Terms.
  • Your actions could cause legal liability for Podcraftr or our users.
  • Your actions are found to be detrimental to the performance or operation of the Service.

Effects of Termination

Upon termination, your right to use the Service will immediately cease, and Podcraftr may delete your account and all related information and files in your account. Termination of your account may also include removing access to all offerings within the Service. Podcraftr will not have any liability whatsoever to you for any termination of your rights under these Terms, including for termination of your account.

Warranties and Disclaimers

Service “As Is” and “As Available”

Podcraftr provides the Service “as is” and “as available,” without any warranties of any kind, either express or implied. We do not guarantee the Service will be uninterrupted, secure, or free from errors or omissions.

No Warranties Regarding Content

Podcraftr makes no warranties or representations about the accuracy, reliability, completeness, or timeliness of the content submitted to the Service by users or third parties. Use of the Service and its content is at your own risk.

Limitations of Liability

To the fullest extent permitted by applicable law, Podcraftr, its affiliates, officers, employees, agents, partners, and licensors will not be liable for any direct, indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not we have been informed of the possibility of such damage.

Indemnification

You agree to defend, indemnify, and hold harmless Podcraftr, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Service or your use of the Service, including, but not limited to, your User Content, any use of the Service’s content, services, and products other than as expressly authorized in these Terms or your use of any information obtained from the Service.

Dispute Resolution

Governing Law

These Terms of Service and any disputes arising out of or related to the Service shall be governed by and construed in accordance with the laws of [Jurisdiction], without giving effect to any choice or conflict of law provision or rule.

Arbitration Agreement

You and Podcraftr agree that any dispute, claim, or controversy between you and Podcraftr arising in connection with or relating in any way to these Agreements or to your relationship with Podcraftr as a user of the Service will be determined by mandatory binding individual (not class) arbitration. You and Podcraftr further agree that the arbitrator shall have the exclusive power to rule on his or her own jurisdiction, including any objections with respect to the existence, scope, or validity of the arbitration agreement or to the arbitrability of any claim or counterclaim.

Class Action Waiver

YOU AND PODCRAFTR AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

General Provisions

Notification Procedures

Podcraftr may provide notifications to you as required by law or for marketing or other purposes via email to the primary email address associated with your Podcraftr account, hard copy, or posting of such notice on our website. Podcraftr is not responsible for any automatic filtering you or your network provider may apply to email notifications.

Entire Agreement

These Terms constitute the entire agreement between you and Podcraftr regarding the use of the Service and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Service.

No Waiver

The failure of Podcraftr to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision.

Assignment

You may not assign your rights under these Terms without the prior written consent of Podcraftr, and any unauthorized assignment by you shall be null and void.

Changes to the Terms of Service

Podcraftr reserves the right, at its sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms.

Contact Information

For questions about these Terms of Service or other inquiries, you may contact Podcraftr by:

  • Email: info@podcraftr.com
  • Mailing Address:
    Podcraftr
    1333 E 2nd St
    Unit #1395
    Dayton, OH 45403