Terms of Service

1. Acceptance of Terms

Welcome to PodCurator! These Terms of Service ("Terms") govern your access to and use of PodCurator's website, services, and applications (collectively, the "Service"). By accessing or using the Service, you agree to be bound by these Terms and our Privacy Policy.

If you do not agree to these Terms, you may not use the Service.

These Terms constitute a legally binding agreement between you and PodCurator ("we," "us," or "our"). If you are using the Service on behalf of an organization, you represent and warrant that you have authority to bind that organization to these Terms.

2. Description of Service

PodCurator is an AI-powered podcast discovery and curation service that helps you find podcast episodes based on your interests and search queries. Our Service includes:

• AI-powered search and curation of podcast episodes and videos from Spotify and YouTube
• Personalized episode recommendations based on your queries
• Episode metadata, descriptions, and links to Spotify or YouTube for listening and viewing
• Credit-based usage system for searches and premium features

Important: PodCurator is a discovery tool that helps you find podcasts. We do not host, stream, or distribute podcast audio. All listening occurs through Spotify or other podcast platforms.

3. User Accounts and Eligibility

3.1 Account Creation

To use certain features of the Service, you must create an account by providing:

• A valid email address
• A secure password, or
• Authentication through a supported third-party provider (e.g., Google)

3.2 Eligibility

You must meet the following requirements to use the Service:

• Be at least 13 years old (or 16 in the European Economic Area)
• Have the legal capacity to enter into binding contracts
• Not be prohibited from using the Service under applicable law
• Comply with all local laws and regulations in your jurisdiction

3.3 Account Security

You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorized access or security breach

We reserve the right to suspend or terminate accounts that we believe have been compromised or are being used in violation of these Terms.

4. Credits and Payments

4.1 Credit System

PodCurator uses a credit-based system for AI-powered searches. Each search consumes one credit. Credits can be:

• Included with your account upon registration (free tier)
• Purchased through our payment provider (Polar.sh)
• Granted as promotional bonuses at our discretion

4.2 Purchases

• All purchases are processed securely through Polar.sh
• Prices are displayed in USD and may vary based on your location
• Payment methods accepted include credit cards and other methods supported by Polar
• Credits are added to your account immediately upon successful payment

4.3 Refund Policy

Due to the instant digital nature of our Service, all credit purchases are final and non-refundable, except as required by law or in the following circumstances:

• Technical errors that prevent you from using purchased credits
• Duplicate charges due to payment processing errors
• Unauthorized purchases (subject to verification)

To request a refund for eligible circumstances, contact us at [email protected] within 14 days of purchase.

4.4 Credit Expiration

Credits may be subject to expiration as follows:

• Free credits: May expire if unused for an extended period (you will be notified)
• Purchased credits: Do not expire unless your account is closed
• Promotional credits: May have specific expiration terms disclosed at time of grant

4.5 Price Changes

We reserve the right to change our pricing at any time. Price changes will not affect credits already purchased. We will provide reasonable notice of significant price changes.

5. Acceptable Use Policy

You agree to use the Service only for lawful purposes and in accordance with these Terms. You agree NOT to:

5.1 Prohibited Activities

• Violate any applicable laws, regulations, or third-party rights
• Use the Service to infringe intellectual property rights
• Attempt to gain unauthorized access to our systems or other users' accounts
• Interfere with or disrupt the Service or servers
• Use automated scripts, bots, or scraping tools without permission
• Reverse engineer, decompile, or disassemble any part of the Service
• Resell, redistribute, or commercially exploit the Service without authorization
• Submit false, misleading, or fraudulent information
• Harass, abuse, or harm other users
• Transmit malware, viruses, or other harmful code

5.2 Spotify Content Usage

When using content sourced from Spotify through our Service, you agree to:

• Use Spotify content only as displayed through PodCurator for personal, non-commercial discovery purposes
• Not download, reproduce, or distribute Spotify content outside of the Service
• Respect Spotify's End User Agreement and Developer Terms
• Acknowledge that podcast content remains the property of respective creators and Spotify

5.3 Enforcement

We reserve the right to investigate and take appropriate action against anyone who violates these Terms, including:

• Removing content that violates these Terms
• Suspending or terminating accounts
• Reporting to law enforcement authorities
• Taking legal action to recover damages

6. Intellectual Property Rights

6.1 Our Rights

The Service, including its design, software, algorithms, text, graphics, logos, and other content (excluding third-party content like Spotify data), is owned by or licensed to PodCurator and is protected by copyright, trademark, and other intellectual property laws.

You may not copy, modify, distribute, sell, or lease any part of our Service without our express written permission.

6.2 Third-Party Content

Podcast and video content, metadata, and images displayed through the Service are sourced from:

• Spotify: Subject to Spotify's terms and the rights of content creators
• YouTube: Video content, metadata, and thumbnails subject to YouTube's Terms of Service and the rights of content creators
• Podcast Creators: Retain all rights to their original content

We do not claim ownership of third-party content. All rights remain with their respective owners.

6.3 Trademarks

"PodCurator" and associated logos are trademarks of PodCurator. "Spotify" is a trademark of Spotify AB. All other trademarks are the property of their respective owners.

Disclaimer: PodCurator is not affiliated with, endorsed by, or sponsored by Spotify AB or any podcast creators whose content appears in search results.

6.4 User Feedback

If you provide feedback, suggestions, or ideas about the Service, you grant us a perpetual, irrevocable, worldwide, royalty-free license to use, modify, and incorporate such feedback without compensation or attribution.

7. AI-Generated Content and Disclaimers

7.1 AI Curation

Our Service uses artificial intelligence (AI) to analyze search queries and curate podcast episode recommendations. The AI processes episode metadata and provides reasoning for its selections.

Important Disclaimers:

• AI recommendations are automated and may not always be accurate or relevant to your needs
• AI-generated explanations are for informational purposes and should not be relied upon as professional advice
• We do not guarantee the quality, accuracy, or suitability of AI-curated results
• The AI may occasionally produce unexpected or imperfect results

7.2 Content Accuracy

While we strive to provide accurate information sourced from Spotify, we do not guarantee:

• The accuracy, completeness, or timeliness of podcast metadata
• The availability of episodes (content may be removed by creators or Spotify)
• That all podcasts or episodes meet your expectations

8. Disclaimers and Limitation of Liability

8.1 Service "As Is"

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do not warrant that:

• The Service will be uninterrupted, secure, or error-free
• Defects will be corrected
• The Service will meet your requirements or expectations
• Search results will always be relevant or accurate

8.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, PODCURATOR SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR USE, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY, OR $100, WHICHEVER IS GREATER.

8.3 Jurisdictional Limitations

Some jurisdictions do not allow the exclusion of certain warranties or limitation of liability for incidental or consequential damages. In such jurisdictions, our liability will be limited to the maximum extent permitted by law.

Australian Consumers: If you are an Australian consumer, these Terms do not exclude, restrict, or modify any statutory rights or remedies you may have under the Australian Consumer Law.

9. Indemnification

You agree to indemnify, defend, and hold harmless PodCurator, its affiliates, officers, directors, employees, agents, and licensors from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising from:

• Your use or misuse of the Service
• Your violation of these Terms
• Your violation of any third-party rights, including intellectual property or privacy rights
• Any fraud or intentional misconduct by you

We reserve the right to assume exclusive defense and control of any matter subject to indemnification, at your expense.

10. Termination

10.1 Termination by You

You may terminate your account at any time by contacting us at [email protected]. Upon termination:

• Your access to the Service will cease
• Unused credits will be forfeited (no refunds unless required by law)
• Your personal data will be deleted or anonymized within 30 days

10.2 Termination by Us

We may suspend or terminate your account immediately, without prior notice, if:

• You violate these Terms or our Acceptable Use Policy
• We are required to do so by law
• Your account is suspected of fraudulent or malicious activity
• We discontinue the Service (with reasonable notice when possible)

10.3 Effect of Termination

Upon termination, provisions of these Terms that by their nature should survive (including intellectual property rights, disclaimers, limitations of liability, and indemnification) will remain in effect.

11. Changes to the Service and Terms

11.1 Service Changes

We reserve the right to modify, suspend, or discontinue the Service (or any part thereof) at any time, with or without notice. We will not be liable to you or any third party for any such changes.

11.2 Terms Updates

We may update these Terms from time to time. When we make material changes, we will:

• Update the "Last Updated" date at the top of this page
• Notify you via email or a prominent notice in the Service
• Give you an opportunity to review the changes before they take effect

Your continued use of the Service after changes become effective constitutes acceptance of the updated Terms. If you do not agree to the changes, you must stop using the Service and may terminate your account.

12. Third-Party Links and Services

The Service may contain links to third-party websites, services, or resources (including Spotify). These links are provided for your convenience only.

We do not control, endorse, or assume responsibility for any third-party sites or services. Your use of third-party services is subject to their own terms and privacy policies. We are not liable for any harm or damages related to third-party services.

13. Governing Law and Dispute Resolution

13.1 Governing Law

These Terms are governed by and construed in accordance with the laws of [Your Jurisdiction], without regard to its conflict of law principles.

13.2 Dispute Resolution

In the event of any dispute arising from or relating to these Terms or the Service, you agree to first contact us at [email protected] to attempt to resolve the dispute informally.

13.3 Arbitration (if applicable)

[Optional: Include arbitration clause if you choose to require binding arbitration for disputes. Consult with a lawyer to draft appropriate arbitration terms for your jurisdiction.]

13.4 Jurisdiction

Subject to any mandatory consumer protection laws, you agree to submit to the exclusive jurisdiction of the courts located in [Your Jurisdiction] for the resolution of any disputes.

14. General Provisions

14.1 Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices or agreements published on the Service, constitute the entire agreement between you and PodCurator regarding your use of the Service.

14.2 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect, and the invalid provision will be modified to the minimum extent necessary to make it valid and enforceable.

14.3 Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. No waiver of any provision shall be deemed a further or continuing waiver of such provision or any other provision.

14.4 Assignment

You may not assign or transfer these Terms or your account without our prior written consent. We may assign these Terms to any affiliate or successor without restriction.

14.5 Force Majeure

We will not be liable for any failure to perform our obligations under these Terms due to circumstances beyond our reasonable control, including natural disasters, war, terrorism, labor disputes, or governmental actions.

14.6 Language

These Terms are written in English. Any translations are provided for convenience only, and the English version will prevail in the event of any conflict.

15. Contact Information

If you have questions, concerns, or requests regarding these Terms, please contact us:

16. Acknowledgment

BY USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEM. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT USE THE SERVICE.