Terms of Service
Podbean Mobile App Terms of Service
1. Your Acceptance of Terms
Welcome to Podbean Mobile App
The following Terms of Service (“TOS”) are between you and Podbean and constitute a legal agreement that governs your use of the Mobile App product, software, services and websites (collectively referred to as the “Service”). You must agree to these TOS before you can use the Service. You can agree to these TOS by: a) actually using the Service, b) selecting a service plan that includes an app or c) checking the box to begin the process to build the app within the Service interface. If you do not agree to any of the following terms, please do not use the Service. You should print or otherwise save a copy of these TOS for your records. "Podbean" as used herein means Podbean LLC (“Podbean”) , located at 501 Silverside Road, Wilmington, DE 19809
To use and/or register for the Service you must be: a) of legal age to form a binding contract with Podbean, and b) cannot be a person barred from receiving the Service under the laws of the United States or other applicable jurisdiction, including the country in which you reside or from where you use the Service. By accepting these TOS you represent that you understand and agree to the foregoing including where applicable representing that you are of sufficient legal age to use or participate in such Service or (subject to applicable local law) that the account you are using was created and registered by your parent or legal guardian.
Podbean may update or change these TOS from time to time and recommends that you review the TOS on a regular basis. You can review the most current version of the TOS at any time at http://www.podbean.com/podbean-terms
If Podbean makes a change to the TOS, it will post the revised TOS on our website at the link as herein noted. You understand and agree that your continued use of the Service after the TOS has changed constitutes your acceptance of the TOS as revised. Without limiting the foregoing, if Podbean makes a change to the TOS that materially impacts your use of the Service, Podbean may post notice of any such change on our website and/or email you notice of any such change to the contact information provided at sign-up.
2. Description of the Service
Unless otherwise agreed to in writing by both parties, use of the Service for the Mobile App requires but is not limited to the following as outlined in the Mobile App Product Sheet:
* Upon selection of a level of service that includes an App or by checking the box to begin the process to build the app within the Service interface, you agree to have a Basic Mobile App built for any supported or planned App platforms and submitted to corresponding the App Stores based on the metadata contained in your feed.
* The revenue share for the App is 30% of net revenue. (Net revenue is revenue received by Podbean afterthe App Store’s share: : 30% App Store, 49% You, 21% Podbean)
* The development, support and maintenance of the Mobile App and those features outlined in the Mobile App Product Sheet are provided by Podbean at no cost to you as part of the Service. Additional Premium features and upgrades may require additional fees.
* Apps can be offered in the App Stores for a fee; in-app purchasing and subscription models can be activated upon App customization and based upon the guidelines and support for such in each App Store.
* The minimum price to be charged is $ 1.99 for non-ad supported App
* If your App is offered as a Free App, a $99 annual service fee will be charged to cover the development, support and maintenance cost of the Mobile App.
* You can customize your Smartphone App before it is published to App store. There will be $99 per time charge to customize the App after it is published.
* You agree to produce and upload the necessary content for the App.
* You maintain ownership of all of the content used for the App
* You maintain all branding rights to the App and images, features and content can be customized and tailored by you
* Podbean maintains ownership of the actual App
* Podbean will handle the reporting, process and transfer of all payments from App sales on a 60-day cycle.
* You understand that approval process varies depending on the App Store and is not one that Podbean has control over and that your App can take over two weeks to be approved and appear in the App Store.
* The App will not include any materials subject to trademark or copyright for which you do not own or have permission to use/distribute
* The App will not include any pornographic images or commentary in text, audio or video form.
Changing the Service
Podbean reserves the right to modify or stop the Service (or any part thereof), either temporarily or permanently, at any time or from time to time, with or without prior notice to you. Without limiting the foregoing, Podbean may post on our website and/or send email to your Mobile App account, notice of such changes to the Service. It is your responsibility to review our website and/or check your Mobile App email address for any such notices. You agree that Podbean shall not be liable to you or any third party for any modification or cessation of the Service.
Limitations on Use
You agree to use the Service only for purposes as permitted by these TOS and any applicable law, regulation, or generally accepted practice in the applicable jurisdiction. Mobile App features are described in the Mobile App product sheet. You are allocated certain levels of storage capacity and other features for the Service level you have selected as described on the hosting plan page. You are responsible for selecting the Service level for storage and other features to best fit any additional requirements for the use of the Mobile App Service. Podbean reserves the right to modify these Service levels and product offerings at any time.
Availability of the Service
The Service, or any feature or part thereof, may not be available in all languages or in all countries and Podbean makes no representation that the Service, or any feature or part thereof, is appropriate or available for use in any particular location. To the extent you choose to access and use the Service, you do so at your own initiative and are responsible for compliance with any applicable laws, including, but not limited to, any applicable local laws.
Nothing in these TOS shall be construed to convey to you any interest, title, or license in the App or similar resource used by you in connection with the Service.
3. Billing and Payment Information
Revenue Share and Payment Method
Podbean revenue share for monetization through the Service (including but not limited to advertising and apps) is 30% of net revenue. You are responsible for providing Podbean with current accurate contact information and appropriate tax reporting and payment information for revenue share purposes and keeping it up to date at all times. Podbean is not responsible for any delays in revenue share payments that may result from your contact information, tax reporting or revenue share payment information being out of date, in error or otherwise invalid. You further acknowledge and agree that Podbean is not responsible nor can be held liable for delays in payments from third-parties. You acknowledge that the revenue share payment process will be in accordance with The Podbean Standard Payment Policy and Requirements which is subject to change with 30 days written notice by Podbean.
Account Information and Billing Inquiries
All billing inquires for the Service should be directed to firstname.lastname@example.org.
Changes in Price
Podbean may at any time, upon notice required by applicable law, change the price of the Service or any part thereof, or institute new charges or fees. Price changes and institution of new charges implemented during your subscription term will apply to subsequent subscription terms and to all new subscribers after the effective date of the change. If you do not agree to any such price changes, then you must cancel your account and stop using the Service. Your continued use of the Service after the effective date of any such change shall constitute your acceptance of such change.
4. Content Submitted or Made Available by You on the Service
License from You
Except for material we may license to you, Podbean does not claim ownership of the materials and/or content you submit or make available on the Service. However, by submitting or posting such Content on areas of the Service that are accessible by the public, you grant Podbean a worldwide, royalty-free, non-exclusive license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content on the Service solely for the purpose for which such Content was submitted or made available. Said license will terminate within a commercially reasonable time after you or Podbean remove such Content from the public area. By submitting or posting such Content on areas of the Service that are accessible by the public, you are representing that you are the owner of such material and/or have authorization to distribute it.
5. Application and Software
Podbean’s Proprietary Rights
You acknowledge and agree that Podbean and/or its licensors own all legal right, title and interest in and to the Service, and any software provided to you as a part of and/or in connection with the Service (the “Software”), including any and all intellectual property rights that exist therein, whether registered or not, and wherever in the world they may exist. You further agree that the Service (including the Software or any other part thereof) contains proprietary and confidential information that is protected by applicable intellectual property and other laws.
License From Podbean
Podbean grants you a non-exclusive, non-transferable, limited license for use of the Mobile App as provided to you by Podbean as a part of the Service and in accordance with these TOS; provided that you do not (and do not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile, or otherwise attempt to discover the source code (unless expressly permitted or required by law), sell, lease, sublicense, assign, grant a security interest in or otherwise transfer any right in the Mobile App.
As part of the Service, Podbean may elect to update the Mobile App . These updates may be automatically downloaded and installed to third party devices or platforms. These updates may include bug fixes, feature enhancements or improvements, or entirely new versions of the App. You agree that Podbean may automatically deliver such updates to you as part of the Service and you shall receive and install them as required.
6. Links and Other Third Party Materials
Certain Content, components or features of the Service may include materials from third parties and/or hyperlinks to other web sites, resources or Content. Because Podbean may have no control over such third party sites and/or materials, you acknowledge and agree that Podbean is not responsible for the availability of such sites or resources, and does not endorse or warrant the accuracy of any such sites or resources, and shall in no way be liable or responsible for any Content, advertising, products or materials on or available from such sites or resources. You further acknowledge and agree that Podbean shall not be responsible or liable in any way for any damages you incur or allege to have incurred, either directly or indirectly, as a result of your use and/or reliance upon any such Content, advertising, products or materials on or available from such sites or resources.
PODBEAN DOES NOT PROMISE THAT THE SERVICE OR FEATURE OF THE SERVICE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE, SERVICE AND PODBEAN’S CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. PODBEAN CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM OR UPLOAD TO THE SERVICE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. PODBEAN DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. PODBEAN DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE, YOUR CONTENT AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST PODBEAN FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.
The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.
Podbean reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, including, but not limited to, the Service, for any reason; (2) to modify or change the Site, or any portion of the Site, including, but not limited to, the Service, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, including, but not limited to, the Service, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
8. Limitation of Liability
Except where prohibited by law, in no event will Podbean be liable to you for any indirect, consequential, exemplary, incidental, statutory or punitive damages, including lost profits, even if Podbean has been advised of the possibility of such damages.
If, notwithstanding the other provisions of these Terms of Service, Podbean is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Service, Podbean’s liability shall in no event exceed the lesser of (1) the total of any subscription or similar fees with respect to the Service or feature of or on the Site paid in the six months prior to the date of the initial claim made against Podbean; or (2) US$100.00. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.
You agree to defend, indemnify and hold Podbean, its affiliates, subsidiaries, directors, officers, employees, agents, partners and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by a third party, relating to or arising from: (a) any Content you submit, post, transmit, or otherwise make available through the Service; (b) your use of the Service; (c) any violation by you of these TOS; or (d) your violation of any rights of another. This obligation shall survive the termination or expiration of these TOS and/or your use of the Service. You acknowledge that you are responsible for all use of the Service using your account, including any use by Sub-accounts, and that these TOS apply to any and all usage of your account, including any use by Sub-accounts. You agree to comply with these TOS and to defend, indemnify and hold harmless Podbean from and against any and all claims and demands arising from usage of your account or any Sub-account, whether or not such usage is expressly authorized by you.
These TOS constitute the entire agreement between you and Podbean, govern your use of the Mobile App Service and completely replace any prior agreements between you and Podbean in relation to the Mobile App Service. You may also be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party software. If any part of these TOS is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. The failure of Podbean to exercise or enforce any right or provision of these TOS shall not constitute a waiver of such right or provision