Last Updated: March 18, 2026

These Podbean Advertiser Terms (“Terms”) are between Podbean Inc. (“Podbean”) and the entity that opens an advertiser account, accepts these Terms electronically and/or enters into an insertion order or other document (“IO”) that references these Terms (“Advertiser”). These Terms govern Advertiser’s use of and participation in the Podbean Podcast Ads Marketplace (“Ads Marketplace” or “Services”).

THESE TERMS REQUIRE USE OF BINDING INDIVIDUAL ARBITRATION TO RESOLVE DISPUTES RATHER THAN JURY TRIALS OR CLASS ACTIONS. BY ACCEPTING THESE TERMS, ADVERTISER AGREES TO WAIVE THE RIGHT TO A JURY TRIAL AND THE RIGHT TO PARTICIPATE IN CLASS ACTIONS.

If Advertiser is using the Service or opening an account on the Service on behalf of a company, entity or organization, that company, entity or organization is the “Advertiser” under these Terms. In that case, the individual entering into these Terms represents and warrants that they are an authorized representative of Advertiser with the authority to bind Advertiser to these Terms.

For information about how we collect, use and disclose personal information, please refer to our Privacy Policy.

1. Services and Ads

The Services allow advertisers to place advertising (“Ads”) in third party podcasts and include features that assist Advertiser with campaign planning, management and targeting. By using the Services, Advertiser authorizes Podbean and its podcasters to place Ads in podcasts.

The Services may include artificial intelligence and machine learning features (“AI Features”), such as AI-generated campaign recommendations and optimizations, AI-assisted ad copy suggestions, AI-based performance predictions and analytics, and automated bid and budget optimization. AI Features are provided as tools to assist Advertiser and do not replace Advertiser’s judgment or responsibility for campaign decisions.

Advertiser is solely responsible for all Ads and campaigns, Ad trafficking and targeting, links within Ads, landing pages or other destinations to which Ads direct end users (including related URLs, waypoints, and redirects) and Advertiser’s services and products. Podbean or podcasters may reject or remove Ads, links or targeting at any time for any or no reason. Podbean may modify or cancel Services at any time.

Advertiser is solely responsible for any Ad content created, modified, or optimized using AI Features, including AI-generated or AI-suggested ad copy, or creative elements. Use of AI Features does not transfer or diminish Advertiser’s responsibility for compliance with applicable laws, these Terms, or any Policies.

Advertiser acknowledges and agrees that podcasts and all related content are provided by third party podcasters and that Podbean is not responsible for podcasts or related content.

Podbean may roll out additional features or services from time to time, which may require additional fees and terms and conditions as set forth in the user interface of the Services, an IO or a separate agreement between the parties.

As between the parties, Podbean’s records of impression counts and other metrics shall be determinative.

2. Use of Services

Advertiser is solely responsible for its use of the Services, safeguarding usernames and passwords and all activity and payments owed under its account. If Advertiser requests Podbean’s help to use the Services, Advertiser consents to the actions that Podbean performs on its behalf. Advertiser retains sole responsibility for such assisted use of the Services.

Use of the Services is subject to the Podbean Acceptable Use Policy at podbean.com/podbean-aup, the Podbean Partner Privacy Requirements at podbean.com/podbean-partner-privacy, and all other policies or requirements that Podbean or a podcaster makes available to Advertiser (“Policies”). All information provided in the Podbean interface is solely for the internal use of Advertiser (and clients, if applicable as described below). Advertiser will direct communications regarding podcasts only to Podbean.

Advertiser will not create targeting profiles or segments on the basis of the podcasts that a user has visited or the general interest area(s) covered by the podcast (e.g., Advertiser may not create an “ESPN Audience” segment based on any information obtained during a prior campaign on ESPN podcasts).

Advertiser shall not use AI Features or any third-party AI tools in connection with the Services to: (a) generate Ads that are deceptive, misleading, or that misrepresent the nature or origin of the advertised products or services; (b) create synthetic voice or audio content that impersonates any real person without that person’s express written consent; (c) produce Ads that contain deepfake or manipulated media designed to mislead listeners; (d) circumvent or manipulate Podbean’s ad review, targeting, or fraud detection systems; (e) generate spam, fake engagement, or artificial listener interactions; or (f) reverse-engineer, extract, or attempt to derive the underlying models, algorithms, or training data of any AI Features.

3. Advertiser Representations and Warranties

Advertiser represents and warrants that: (a) it has full power and authority to enter into these Terms and perform its obligations hereunder; (b) all Ads and campaign content (whether created manually or with the assistance of AI Features) comply with all applicable federal, state, local, and international laws, rules, and regulations, including without limitation the Federal Trade Commission Act, the Lanham Act, CAN-SPAM Act, TCPA, and any applicable state consumer protection and advertising laws; (c) Ads do not infringe, misappropriate, or violate any third party’s intellectual property rights, right of publicity, right of privacy, or other proprietary rights; (d) Advertiser has obtained all necessary rights, licenses, consents, and permissions for all content included in Ads, including any music, images, voice recordings, likenesses, and trademarks; (e) Ads do not contain any content that is defamatory, obscene, unlawful, or otherwise objectionable; and (f) all factual claims made in Ads are truthful, substantiated, and not misleading.

4. Advertiser Clients

If Advertiser is using the Services on behalf of its clients, Advertiser represents and warrants that it is authorized to act on behalf of such clients and has bound such clients to these Terms. All references to “Advertiser” in these Terms will also apply to such clients, as applicable. For the avoidance of doubt, Advertiser is responsible for fulfilling all obligations under these Terms. Podbean may, upon request of a client, share client-specific information with such client.

Advertiser is responsible for ensuring that its clients’ use of AI Features complies with these Terms, including the AI-specific restrictions set forth herein. Advertiser shall inform its clients that AI Features are available and ensure that any AI-generated Ad content submitted on behalf of clients has been reviewed and approved by Advertiser or the client prior to submission.

5. Make-Goods

If an IO includes a guaranteed number of impressions and Podbean fails to deliver the guaranteed number, Advertiser’s sole remedy is to make a claim during the 60 days following the guaranteed delivery end date (“Claim Period”). If Podbean confirms the accuracy of the claim, then, at Podbean’s reasonable discretion, Podbean will either (a) not charge Advertiser for the undelivered Ads, (b) provide advertising credits, which must be used within 90 days (“Use-By Date”), (c) place Ads in a position Podbean deems comparable within 60 days of Podbean’s confirmation of the accuracy of the claim or (d) extend the term of the campaign. Podbean cannot assure that any programmatic or auction-based Ads will be delivered and therefore make-goods do not apply to auction-based Ads.

6. Budgets and Payment

Advertisers are solely responsible for accurately establishing campaign budgets, monitoring impressions for campaigns/by podcast and modifying, pausing or cancelling campaigns as needed. Unless the parties agree to different pricing in writing (e.g., in an IO), advertising payments are calculated based on the CPM rate on the verified downloads in which the ads were served.

Advertisers will be required to authorize payment when setting up a campaign. Podbean does not handle payment directly or collect your information. All payments are processed by a third-party payment processor and Advertisers agree to their terms directly. Late payments may be assessed an interest charge at the rate of 1.5% per month (or the highest rate permitted by law, if less). For any late payment not disputed in good faith, Advertiser will also pay all reasonable expenses and legal fees Podbean incurs in collecting late payments. Podbean may, in its sole discretion, extend, revise or revoke credit at any time. Podbean is not obligated to deliver any Ads in excess of any credit limit.

If Podbean does not deliver Ads to any guaranteed destinations, then Advertiser’s sole remedy is to make a claim for advertising credits within the Claim Period, after which Podbean will issue the credits following claim validation which must be used by the Use-By Date. Advertiser understands that third parties may generate impressions or clicks on Advertiser’s Ads for prohibited or improper purposes and if that happens, Advertiser’s sole remedy is to make a claim for advertising credits within the Claim Period, after which Podbean will issue the credits following claim validation, which must be used by the Use-By Date.

TO THE FULLEST EXTENT PERMITTED BY LAW, ADVERTISER WAIVES ALL CLAIMS RELATING TO ANY SERVICE CHARGES UNLESS A CLAIM IS MADE WITHIN THIRTY DAYS OF THE APPLICABLE INVOICE DATE.

7. Taxes

All fees and other amounts due under this Agreement are exclusive of sales, service, use, business and any similar taxes (collectively, “Transaction Taxes”). Advertiser shall self-assess any applicable Transaction Taxes to the extent required or allowed under applicable law. In the event that Advertiser does not self-assess any such Transaction Taxes, Advertiser shall indemnify and hold harmless Podbean against such Transaction Taxes and any applicable interest or penalties. If self-assessment is not required or allowed and Podbean is required to charge applicable Transaction Taxes to Advertiser, Advertiser shall pay to Podbean the total amount due on Podbean’s invoice, including any Transaction Taxes, in accordance with the payment terms set forth in this Agreement. In the event that Podbean does not charge such Transaction Taxes at the time of initial invoicing, but the relevant government authority determines that Podbean should have charged such Transaction Taxes, Podbean shall charge to Advertiser, and Advertiser shall pay to Podbean, any such Transaction Taxes as soon as practicable after such determination.

8. Confidentiality

Each party acknowledges that in the course of performing under these Terms, it may receive or have access to confidential information of the other party (“Confidential Information”). Confidential Information includes, without limitation: pricing and fee structures, campaign performance data, audience analytics, platform technology, AI models and algorithms, business strategies, customer lists, and any information designated as confidential or that a reasonable person would understand to be confidential. The receiving party shall: (a) hold all Confidential Information in strict confidence; (b) not disclose Confidential Information to any third party without the disclosing party’s prior written consent, except to employees, agents, or advisors with a need to know who are bound by confidentiality obligations at least as protective as those herein; and (c) use Confidential Information solely for the purposes contemplated by these Terms. Confidential Information does not include information that: (i) is or becomes publicly available through no fault of the receiving party; (ii) was known to the receiving party prior to disclosure; (iii) is independently developed by the receiving party without use of Confidential Information; or (iv) is rightfully obtained from a third party without restriction. Notwithstanding the foregoing, either party may disclose Confidential Information as required by law, regulation, or court order, provided it gives the other party prompt written notice (to the extent permitted by law) and reasonably cooperates to limit the scope of disclosure. The obligations under this Section survive termination of these Terms for a period of three (3) years.

9. Closing Accounts, Termination, Cancellation

Advertiser may close its account at any time using the Advertiser portal in the Services. Except at Podbean’s sole discretion, Advertiser’s account closure will not affect Advertiser’s obligations as to any minimum campaign term or minimum fees agreed in an IO. Podbean may terminate or suspend Advertiser’s account at any time upon notice, for any reason or no reason.

Unless an IO provides otherwise, either party may cancel any Ad at any time before the earlier of Ad auction or placement, but if Advertiser cancels an Ad after a commitment date provided by Podbean (e.g., a host-read ad campaign), then Advertiser is responsible for any cancellation fees communicated by Podbean to Advertiser, and the Ad may still be published.

Cancelled Ads will generally cease serving within 8 business hours or as described in a Policy or IO, and Advertiser remains obligated to pay all charges resulting from served Ads (e.g., fees based on conversion).

Advertiser must cancel a campaign (i) online through Advertiser’s account, if the functionality is available, (ii) if this functionality is not available, with notice to Podbean via email to Advertiser’s account representative, or (iii) if this functionality is not available and Advertiser does not have an account representative, with notice to Podbean via email to support@podbean.com. Advertiser will not be relieved of any payment obligations for Ads not submitted or submitted by Advertiser after the due date provided by Podbean.

Upon termination or closure of Advertiser’s account, Podbean may retain aggregated, de-identified data derived from Advertiser’s use of AI Features for the purpose of improving the Services. Podbean will delete Advertiser-specific AI training data, custom models, or personalized AI configurations within ninety (90) days of account closure, unless retention is required by law.

10. Data Protection and Privacy

Advertiser shall comply with all applicable data protection and privacy laws and regulations in connection with its use of the Services, including without limitation the General Data Protection Regulation (GDPR), the California Consumer Privacy Act / California Privacy Rights Act (CCPA/CPRA), and any other applicable federal, state, or international privacy laws. Advertiser shall: (a) maintain a clear and accurate privacy policy that discloses its data collection and use practices, including the use of third-party advertising services; (b) obtain all necessary consents from end users prior to collecting, using, or sharing personal data through or in connection with Ads; (c) not provide Podbean with any personal data of children under the age of 13 (or the applicable age of consent in the relevant jurisdiction); (d) promptly notify Podbean of any data subject requests, regulatory inquiries, or data breaches that may affect data processed through the Services; and (e) comply with the Podbean Partner Privacy Requirements. Advertiser shall indemnify and hold Podbean harmless from any claims, fines, penalties, or losses arising from Advertiser’s failure to comply with applicable data protection laws.

11. Disclaimers

TO THE FULLEST EXTENT PERMITTED BY LAW:

PODBEAN AND PODCASTERS DISCLAIM ALL WARRANTIES, WHETHER IMPLIED, STATUTORY OR OTHERWISE, INCLUDING FOR NON-INFRINGEMENT, SATISFACTORY QUALITY, MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE, OR ARISING FROM ANY COURSE OF DEALING OR USAGE OF TRADE.

THE SERVICES AND PODCASTS ARE PROVIDED “AS IS,” “AS AVAILABLE” AND “WITH ALL FAULTS”. PODBEAN, ITS AFFILIATES, AND ITS PODCASTERS DO NOT MAKE ANY GUARANTEE IN CONNECTION WITH THE SERVICES OR SERVICE RESULTS. WITHOUT LIMITING THE FORGOING, PODBEAN DOES NOT GUARANTEE ANY RESPONSE TO THE ADS OR THAT ADS WILL BE HEARD/VIEWED BY ANY MINIMUM NUMBER OF USERS.

AI FEATURES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. PODBEAN DOES NOT WARRANT THAT AI FEATURES WILL BE ACCURATE, COMPLETE, ERROR-FREE, OR UNINTERRUPTED. AI-GENERATED RECOMMENDATIONS, AD COPY SUGGESTIONS, PERFORMANCE PREDICTIONS, AND OPTIMIZATIONS ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND DO NOT CONSTITUTE GUARANTEES OF CAMPAIGN PERFORMANCE OR RESULTS. PODBEAN DISCLAIMS ALL LIABILITY FOR DECISIONS MADE BY ADVERTISER IN RELIANCE ON AI-GENERATED OUTPUTS. AI FEATURES MAY UTILIZE THIRD-PARTY AI PROVIDERS, AND PODBEAN MAKES NO WARRANTIES REGARDING THE PERFORMANCE, AVAILABILITY, OR ACCURACY OF SUCH THIRD-PARTY SERVICES.

12. Limitation of Liability

EXCEPT FOR SECTION 13 AND ADVERTISER’S BREACH OF SECTION 2, TO THE FULLEST EXTENT PERMITTED BY LAW REGARDLESS OF THE THEORY OR TYPE OF CLAIM: (a) PODBEAN, ADVERTISER, AND THEIR RESPECTIVE AFFILIATES WILL NOT BE HELD LIABLE UNDER THESE TERMS OR ARISING OUT OF OR RELATED TO THESE TERMS FOR ANY DAMAGES OTHER THAN DIRECT DAMAGES, EVEN IF THE PARTY IS AWARE OR SHOULD KNOW THAT SUCH OTHER TYPES OF DAMAGES ARE POSSIBLE AND EVEN IF DIRECT DAMAGES DO NOT SATISFY A REMEDY; AND (b) OTHER THAN ADVERTISER’S PAYMENT OBLIGATIONS UNDER THESE TERMS, PODBEAN, ADVERTISER, AND THEIR RESPECTIVE AFFILIATES WILL NOT BE HELD LIABLE FOR DAMAGES UNDER THESE TERMS OR ARISING OUT OF OR RELATED TO PERFORMANCE OF THESE TERMS FOR ANY GIVEN EVENT OR SERIES OF CONNECTED EVENTS IN THE AGGREGATE OF MORE THAN THE AMOUNT PAYABLE TO PODBEAN BY ADVERTISER UNDER THE TERMS IN THE TWELVE MONTHS BEFORE THE DATE OF THE ACTIVITY FIRST GIVING RISE TO THE CLAIM..

WITHOUT LIMITING THE FOREGOING, PODBEAN SHALL NOT BE LIABLE FOR ANY LOSSES, DAMAGES, OR CLAIMS ARISING FROM: (a) ADVERTISER’S RELIANCE ON AI-GENERATED RECOMMENDATIONS, PREDICTIONS, OR OPTIMIZATIONS; (b) INACCURACIES, ERRORS, OR BIASES IN AI FEATURE OUTPUTS; (c) INTERRUPTIONS OR CHANGES TO AI FEATURES; OR (d) ANY INTELLECTUAL PROPERTY CLAIMS ARISING FROM AI-GENERATED AD CONTENT THAT ADVERTISER ELECTED TO USE.

13. Indemnification

Advertiser will defend, indemnify and hold harmless Podbean, podcasters and their respective agents, affiliates, and licensors against all claims, liabilities, damages, losses, costs, fees (including reasonable attorneys’ fees and costs), and expenses relating to any third-party claim, allegation, investigation or legal proceeding to the extent arising out of or related to Advertiser’s breach of these Terms, any Ads and campaigns, Ad trafficking and targeting, links within Ads, landing pages or other destinations to which Ads direct end users (including related URLs, waypoints, and redirects) and Advertiser’s services and products. Podcasters are intended third-party beneficiaries of this Section.

Without limiting the foregoing, Advertiser’s indemnification obligations expressly extend to claims arising from: (a) Ad content generated, modified, or optimized using AI Features or third-party AI tools, including claims of intellectual property infringement, false advertising, defamation, or right of publicity violations; (b) Advertiser’s use of AI-generated synthetic voice, likeness, or persona in Ads without obtaining required consents; and (c) any violation of applicable laws, regulations, or industry standards resulting from Advertiser’s use of AI-generated or AI-assisted Ad content.

14. Changes

Podbean may make non-material changes to these Terms at any time without notice and will make any material changes with advance notice. Changes will be posted at podbean.com/podbean-ad-terms. Your use of the Services following any changes will constitute your acceptance of such changes. If you do not wish to continue using the Services under the updated Terms, you may terminate your account.

Podbean may terminate or suspend Advertiser’s ability to participate in the Services at any time. In all cases, the running of any Advertiser campaigns after termination or suspension is in Podbean’s sole discretion.

Podbean may modify, suspend, or discontinue AI Features at any time without prior notice. Podbean may introduce new AI Features, change the underlying AI models or providers, or alter the functionality of existing AI Features. Continued use of the Services following any changes to AI Features constitutes acceptance of such changes.

15. Dispute Resolution Agreement

Arbitration of disputes. Podbean and Advertiser agree to arbitrate all disputes and claims that arise out of or relate in any way to the Services or these Terms. This agreement to arbitrate (“Dispute Resolution Agreement” or “Section 15”) is intended to be broadly interpreted and includes, for example:

• claims brought under any legal theory;
• claims that arose before Advertiser first accepted any version of these Terms containing an arbitration provision;
• claims that may arise after the termination of Advertiser’s use of the Services;
• claims brought by or against Podbean, Podbean affiliates and the respective officers, directors, employees, agents, predecessors, successors, and assigns of these entities;
• claims brought by or against Advertiser, the respective affiliates and parent companies of Advertiser, and the respective officers, directors, employees, agents, predecessors, successors, and assigns of these entities.

For the avoidance of doubt, disputes and claims arising from or relating to AI Features, AI-generated content, AI-powered targeting or recommendations, or the accuracy or performance of any AI-related functionality are subject to this Dispute Resolution Agreement.

This Dispute Resolution Agreement does not preclude any party from seeking an individualized preliminary injunction or temporary restraining order until a claim is arbitrated, or from bringing an individualized action in small claims court, in any court that has jurisdiction; provided that, as limited by Section 15(C) below, the arbitrator will have exclusive jurisdiction to finally resolve claims not within the jurisdiction of a small claims court. Nor does this Dispute Resolution Agreement bar any party from bringing issues to the attention of federal, state, or local agencies. Podbean and Advertiser agree that, by entering into this arbitration agreement, all parties are waiving their respective rights to a trial by jury or to participate in a class or representative action. The Federal Arbitration Act governs the interpretation and enforcement of this Dispute Resolution Agreement. With respect to all disputes or claims that arise out of or relate in any way to the Services or these Terms, this Dispute Resolution Agreement supersedes any contrary terms regarding dispute resolution in any other agreement between the parties.

Notice of disputes. If any party intends to seek arbitration of a dispute, that party must provide the other party with notice in writing (“Notice of Dispute”). This Notice of Dispute to Podbean must be sent to the following address (“Podbean’s Notice Address”): 5940 S Rainbow Blvd, Ste 400 #56077, Las Vegas, NV 89118-2507. Podbean may send notice to Advertiser at the e-mail and mailing addresses associated with Advertiser’s account. Advertiser’s Notice of Dispute to Podbean must provide, as applicable, (a) Advertiser’s name and mailing address, (b) the email address Advertiser uses to log into Advertiser’s account, (c) a description of the dispute, including identification of the relevant campaigns, and (d) a statement of the relief requested. If the parties are unable or unwilling to resolve the dispute within 60 days after the Notice of Dispute is submitted, the dispute will be resolved by arbitration upon one party sending the other party or parties and the American Arbitration Association (“AAA”) a demand for arbitration. No arbitration demand may be submitted until at least 60 days after submission of the Notice of Dispute. Unless the parties agree otherwise, Advertiser’s demand for arbitration must be sent to Podbean’s Notice Address and entitled “Demand for Arbitration.” Podbean will send demands for arbitration to Advertiser at the e-mail and mailing addresses associated with Advertiser’s account.

Arbitration procedures. The arbitration will be governed by the AAA’s Commercial Arbitration Rules (“AAA Rules”), as modified by these Terms, and will be administered by the AAA. Unless the parties agree otherwise, the Expedited Procedures of the AAA Rules will apply to any claim of $75,000 or less. The AAA Rules are available online at adr.org. If the AAA is unavailable, the parties will agree to another arbitration provider or the court will appoint a substitute. To the fullest extent permitted by applicable law, any evidentiary submissions made in arbitration will be maintained as confidential in the absence of good cause for its disclosure. The arbitrator’s award will be maintained as confidential only to the extent necessary to protect either party’s trade secrets or proprietary business information or to comply with a legal requirement mandating confidentiality. Unless the parties agree otherwise, any arbitration hearings will take place in the county (or parish) of Advertiser’s principal place of business. If the value of Advertiser’s claim is $25,000 or less, Advertiser may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, by telephone, or by an in-person hearing. If the value of Advertiser’s claim exceeds $25,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator will issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision is based. All issues are for the arbitrator to decide, except that only a court of competent jurisdiction may decide issues relating to the scope and enforceability of this arbitration provision, the arbitrability of disputes, or the interpretation of Section 15(D). Arbitration rulings will not have preclusive effect in any proceedings involving different Advertisers in any forum. The arbitrator can award the same individualized damages and relief that a court can award. Judgment on the award may be entered by any court having jurisdiction.

Costs of arbitration. The AAA’s fee schedule is subject to change and may be found in the AAA Rules (available online at adr.org or by calling the AAA at 1-800-778-7879). Each party will pay all AAA filing, administrative, and arbitrator fees for any arbitration that such party commences.

No class or representative arbitration. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim without affecting other Podbean users or other customers or advertisers. ADVERTISER AND PODBEAN AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL PROCEEDING. Upon motion of one or more affected parties, and after providing all other affected parties an opportunity to be heard, the arbitrator may, in its discretion, consolidate more than one Advertiser’s claims to promote efficiency in discovery and to avoid inconsistent legal rulings. For the avoidance of doubt, any consolidation under the preceding sentence will be limited only to currently-pending arbitrations initiated under this agreement, and the arbitrator may not preside over any form of a representative or class proceeding. All parties will retain the right to request an individualized hearing. If a court decides that applicable law precludes enforcement of any of these prohibitions or limitations on (a) non-individualized relief, (b) class, representative, and private attorney general claims, or (c) consolidation with respect to a particular claim or a particular request for relief (such as injunctive relief), and if all appeals challenging the court’s decision are denied, then the parties agree that such a claim or request for relief will be decided by a court after all other claims and requests for relief are arbitrated.

Binding Agreement. By accepting these Terms, Advertiser acknowledges and agrees that this Dispute Resolution Agreement is a mandatory and binding condition of Advertiser’s use of the Services. There is no opt-out period for this Dispute Resolution Agreement. If Advertiser does not agree to resolve disputes through binding individual arbitration as set forth in this Section, Advertiser must not use the Services.

Future changes to Dispute Resolution Agreement. If Podbean makes any changes to this Dispute Resolution Agreement (other than a change to Podbean’s Notice Address), you may reject any such change by notifying Podbean within 30 days of the change. By not providing a rejection, you are agreeing that the parties will arbitrate any dispute in accordance with the language of this Dispute Resolution Agreement, as modified by any changes that you did not reject.

16. Miscellaneous

Any suggestions, comments, improvements, ideas, enhancement requests or feedback provided by Advertiser to Podbean relating to the Platform, the Services or any other services or products of Podbean (collectively, “Feedback”) are provided voluntarily. Advertiser agrees that all Feedback may be used by Podbean without compensation, accounting or attribution to Advertiser, and Advertiser grants a perpetual, irrevocable, fully paid up right and license to the Feedback.

By providing any mobile or other telephone number to Podbean in connection with the Services, Advertiser authorizes Podbean, its affiliates and their agents to call and send text messages (for which standard message and data rates may apply) to the provided telephone numbers, including by an automatic telephone dialing system, for purposes of the Services. However, Podbean will not rely on this permission to initiate autodialed calls or text messages for marketing purposes. Advertiser further authorizes Podbean, its affiliates and their agents to send electronic mail to Advertiser for purposes of the Services.

ALL CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICES WILL BE GOVERNED BY NEVADA LAW, EXCLUDING NEVADA’S CONFLICT OF LAWS RULES, EXCEPT TO THE EXTENT THAT NEVADA LAW IS CONTRARY TO OR PREEMPTED BY FEDERAL LAW.

EXCEPT AS PROVIDED IN SECTION 15, ALL CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICES WILL BE LITIGATED EXCLUSIVELY IN THE FEDERAL OR STATE COURTS OF CLARK COUNTY, NEVADA; THE PARTIES CONSENT TO PERSONAL JURISDICTION IN THESE COURTS.

These Terms are the parties’ entire agreement relating to their subject matter and supersede all other agreements between the parties relating to its subject matter. Podbean will not be bound by the terms of any Advertiser purchase orders or online portal.

Neither party will make any public statement regarding these Terms except (i) when required by law, and (ii) Podbean may include Advertiser’s name and logo in its marketing, promotional materials and customer lists.

Except as provided in Section 15, all notices must be in writing and sent via email. The email address for notices being sent to Podbean is contact@podbean.com. Except as provided in Section 15, all other notices to Advertiser will be in writing and sent to an email address associated with Advertiser’s account. Notice will be treated as given on receipt, as confirmed by written or electronic means. These notice requirements do not apply to legal service of process, which is instead governed by applicable law, nor do they apply to Section 15.

Except for modifications to these Terms by Podbean under Section 14, any amendment must be agreed to by both parties and must expressly state that it is amending these Terms. Neither party will be treated as having waived any rights by not exercising (or by delaying the exercise of) any rights under these Terms. Except as provided in Section 15(D), if any provision of these Terms is found unenforceable, that provision will be severed and the balance of the Terms will remain in full force and effect.

Podbean may assign any or all of these Terms, and may assign or delegate, in whole or in part, any of its rights or obligations under these Terms. Advertiser may not assign these Terms, in whole or in part, nor transfer or sub-license Advertiser’s rights under these Terms, to any third party. Except as explicitly provided above, there are no third-party beneficiaries to these Terms. These Terms do not create any agency, partnership, joint venture, or employment relationship among the parties.

Except for payment obligations, no party or its affiliates are liable for failure or delay in performance to the extent caused by circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, pandemics, government actions, labor disputes, internet or telecommunications failures, power outages, third-party AI service provider outages or failures, cyberattacks, or any other force majeure event.

17. AI-Powered Advertising Features

This Section applies to Advertiser’s use of any AI-powered features within the Services (“AI Advertising Features”).

• a. Nature of AI Features. AI Advertising Features are designed to assist Advertiser with campaign optimization and are not a substitute for Advertiser’s independent judgment. AI outputs, including ad copy suggestions, bid optimizations, and performance predictions, are probabilistic in nature and may contain errors, inaccuracies, or biases. Podbean does not guarantee any specific outcomes from the use of AI Advertising Features.
• b. Data Usage. Advertiser acknowledges that AI Advertising Features may process campaign data, Ad content and performance metrics to generate recommendations and optimizations. Podbean may use aggregated, de-identified data derived from Advertiser’s use of AI Advertising Features to improve the Services generally. Advertiser shall not input any personal data, sensitive personal information, or data subject to specific regulatory restrictions into AI Features except as expressly permitted by the Services and in compliance with Podbean’s Privacy Policy and applicable law.
• c. Intellectual Property. As between Podbean and Advertiser: (i) Podbean retains all rights in the AI models, algorithms, and underlying technology powering the AI Advertising Features; (ii) Advertiser retains ownership of its original Ad content and campaign data that it inputs into the AI Features; and (iii) AI-generated outputs (such as suggested ad copy or recommendations) are provided as a service and Advertiser assumes all responsibility for any AI-generated content it elects to use. Podbean does not warrant that AI-generated outputs will not infringe third-party intellectual property rights.
• d. Third-Party AI Providers. AI Advertising Features may incorporate or rely upon third-party AI services and models. Podbean is not responsible for the performance, availability, accuracy, or output of third-party AI providers. Advertiser’s use of AI Advertising Features constitutes acceptance of this reliance on third-party services.
• e. Compliance. Advertiser is solely responsible for ensuring that its use of AI Advertising Features and any AI-generated Ad content complies with all applicable laws, regulations, and industry standards, including without limitation laws governing advertising disclosures, truth in advertising, data protection, consumer protection, and the use of artificial intelligence. Where applicable law requires disclosure that Ad content was generated or assisted by AI, Advertiser is solely responsible for making such disclosures.

18. Survival

The following Sections shall survive any termination or expiration of these Terms: Section 3 (Representations and Warranties), Section 6 (Budgets and Payment) (with respect to amounts owed), Section 7 (Taxes), Section 8 (Confidentiality), Section 11 (Disclaimers), Section 12 (Limitation of Liability), Section 13 (Indemnification), Section 15 (Dispute Resolution Agreement), Section 16 (Miscellaneous), Section 17 (AI-Powered Advertising Features), and this Section 18 (Survival).