Welcome to DeepCast Pro, a B2B software platform for podcast creators provided by DeepCast, Inc. ("DeepCast," "we," "us," or "our"). These Terms of Service ("Terms") govern your access to and use of the DeepCast Pro service, including any associated websites, content, and software applications (collectively, the "Service").
By accessing or using the Service, you agree to be bound by these Terms. If you are using the Service on behalf of an organization, you are agreeing to these Terms for that organization and promising that you have the authority to bind that organization to these Terms. In that case, "you" and "your" will refer to that organization.
BY ACCESSING, BROWSING, OR USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS AND OUR PRIVACY POLICY, WHICH IS INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS OR OUR PRIVACY POLICY, PLEASE DO NOT USE THE SERVICE.
We may modify these Terms at any time. If we make changes to these Terms, we will provide notice of such changes by updating the date at the top of these Terms and, in some cases, we may provide additional notice (such as adding a statement to our homepage or sending you an email notification). Your continued use of the Service after any such changes constitutes your acceptance of the new Terms.
DeepCast Pro is a comprehensive platform designed for podcast creators, offering tools for content management, analytics, audience engagement, and monetization. The Service may include both free and paid features, with specific functionalities outlined on our website or within the Service interface.
5.1. To access certain features of the Service, you must have a DeepCast account. If you already have a DeepCast consumer account, you may use that account to access DeepCast Pro. If you do not have an existing account, you must register for one. Whether you are using an existing account or creating a new one, you agree to provide and maintain accurate, current, and complete information. You are responsible for updating this information to keep it accurate, current, and complete.
5.2. You are responsible for safeguarding your account credentials and for any activities or actions under your account, whether it's used for consumer services, DeepCast Pro, or both. You agree to notify us immediately of any unauthorized use of your account.
5.3. To be eligible to use DeepCast Pro, you must be at least 18 years old and capable of forming a binding contract with DeepCast. If you are using the Service on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.5.4. By using an existing consumer account for DeepCast Pro or upgrading to DeepCast Pro, you acknowledge that these Terms of Service will govern your use of DeepCast Pro, in addition to any existing terms governing your consumer account use.
6.1. DeepCast Pro offers both free and paid subscription tiers. The features available in each tier are described on our website or within the Service.
6.2. For paid subscriptions, you agree to pay all fees associated with your chosen plan. Payments will be processed through our third-party payment provider, Stripe. By providing your payment information, you authorize us to charge your chosen payment method for all fees associated with your subscription. DeepCast does not store or have direct access to your full payment instrument details. Fees are non-refundable except as required by law or as explicitly stated in these Terms.
6.3. We may change our fees at any time. If we increase fees for a service to which you're subscribed, we will provide notice of the change and the opportunity to cancel your subscription before the change takes effect.
6.4. You acknowledge that your use of Stripe's payment services is subject to Stripe's terms of service and privacy policy. We encourage you to review these documents, as DeepCast is not responsible for Stripe's services or practices.
7.1. You retain all rights in, and are solely responsible for, the content you create, upload, or otherwise provide through the Service ("User Content").
7.2. By using the Service, you grant DeepCast a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, translate, distribute, and display User Content for the purposes of providing and improving the Service. When you discontinue your User Content from the Service or close your account, except where we are required by law to retain copies or where your content has been shared with others who have not deleted it.
7.3. Content Restrictions and DeepCast's Role:a) You acknowledge and agree that certain types of content are not permitted to be distributed through the Service. This includes, but is not limited to, content that contains pornographic material, promotes illegal firearms, ammunition, weapons, illegal drugs, cigarettes, tobacco or e-cigarettes, or content that promotes services directly competitive to DeepCast. We reserve the right to define and update these restrictions at our discretion.b) DeepCast operates as a passthrough service for audio content hosted by you or your delegates. We do not modify the contents of your audio files as provided in your RSS feed. However, this does not absolve you of responsibility for the content you distribute through our Service.c) You understand and agree that you are solely responsible for ensuring your content complies with all applicable laws and regulations, including but not limited to those related to free speech, decency, copyright, and other relevant laws. DeepCast bears no responsibility for the legality, accuracy, or appropriateness of the content you distribute through our Service.d) While we do not actively monitor or control the content distributed through our Service, we reserve the right to remove or disable access to any content that we believe, in our sole discretion, violates these Terms, our Content Guidelines, or applicable laws.
7.4. Right to Remove Content: DeepCast reserves the right to remove or disable access to any User Content from the Service in its sole discretion, including, but not limited to, when User Content violates these Terms, our Content Guidelines, or applicable laws. DeepCast may take these actions without prior notification to you.7.5. Responsibility for Content: You are solely responsible for all User Content that you post, upload, or otherwise make available through the Service. DeepCast acts solely as a platform provider and not as a publisher of your content. You understand and agree that you are entirely responsible for compliance with all applicable laws and regulations regarding your content.7.6. No Monitoring Obligation: DeepCast does not have any obligation to monitor User Content or to exercise editorial control over such content. However, we reserve the right to review and monitor User Content for compliance with these Terms and applicable laws.7.7. Indemnification for Content: You agree to indemnify and hold DeepCast harmless from any claims, damages, liabilities, costs, or expenses arising from your User Content or your violation of these Terms or any applicable laws.
You agree not to:
8.1. Use the Service for any illegal purpose or in violation of any local, state, national, or international law.
8.2. Violate or encourage others to violate the rights of third parties, including intellectual property rights.
8.3. Upload or transmit viruses, malware, or other types of malicious software, or links to such software.
8.4. Interfere with or disrupt the integrity or performance of the Service.
8.5. Attempt to gain unauthorized access to the Service or its related systems or networks.
8.6. Use the Service to distribute unsolicited promotional or commercial content or other unwanted or mass solicitations.
9.1. The Service may contain links to third-party websites or services that are not owned or controlled by DeepCast. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services.
9.2. If you choose to use any third-party services in conjunction with DeepCast Pro, you do so at your own risk and subject to the terms and conditions of such third-party services.
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, DEEPCAST DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL DEEPCAST BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE.
You agree to defend, indemnify, and hold harmless DeepCast and its officers, directors, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Service; (ii) your violation of any term of these Terms; (iii) your violation of any third-party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your User Content caused damage to a third party.
13.1. We may terminate or suspend your access to the Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms.
13.2. You may terminate your account at any time by contacting us or using the account deletion feature within the Service, if available.
13.3. Upon termination, your right to use the Service will immediately cease.
14.1. These Terms shall be governed and construed in accordance with the laws of California, United States, without regard to its conflict of law provisions.
14.2. Any dispute arising out of or relating to these Terms or the Service will be resolved through binding arbitration in accordance with the American Arbitration Association's rules for arbitration of consumer-related disputes, and you and DeepCast hereby expressly waive trial by jury. You and DeepCast agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures.
15.1. These Terms constitute the entire agreement between you and DeepCast regarding the Service and supersede all prior agreements and understandings.
15.2. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.
15.3. If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms will remain in effect.
If you have any questions about these Terms, please contact us via our service desk here.
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