Terms of Service

1. The agreement

These Terms of Service, together with our Privacy Policy, form a binding agreement between you and PodWire (“PodWire”, “we”, “us”). They take effect the first time you access or use the Service and continue for as long as you have an account or owe us any amount.

2. The Service

PodWire polls publicly-available podcast RSS feeds you select, transcribes each new episode, generates a written summary using third-party AI models, and emails the summary to you. Paid tiers receive additional features such as weekly digests, custom prompts, and higher per-user feed limits as described on our pricing page.

The Service is provided over the internet. Availability depends on your network, your email provider, and our third-party infrastructure providers.

3. Eligibility and accounts

You must be at least 18 years old and able to form a legally binding contract to use the Service. If you are using the Service on behalf of an organization, you represent that you have authority to bind that organization to these Terms, and “you” refers to both you and the organization.

You are responsible for keeping your account credentials confidential and for all activity that occurs under your account. Notify us at admin@podwire.ai immediately if you suspect unauthorized access.

4. Subscriptions, billing, and refunds

Free tier and trial

We may offer a free tier or free trial period. The features and limits of the free tier are described on the pricing page and may change. We may end the free tier at any time on prior notice.

Paid plans

Paid subscriptions are billed in advance on a recurring monthly or annual cycle. By starting a paid subscription you authorize us, through Stripe, to charge your payment method on each renewal at the then-current price for your plan until you cancel. Pricing in effect at the start of a billing cycle applies for that cycle.

Auto-renewal and cancellation

Your subscription automatically renews at the end of each billing cycle unless you cancel before the renewal date. You can cancel at any time from the billing page in your account settings. Cancellation takes effect at the end of the then-current billing cycle, and you retain access until then.

Refunds

Except where required by applicable law, fees are non-refundable, including for partially used billing periods. If we materially reduce the Service available to you mid-cycle other than as permitted by these Terms, we will issue a pro-rated refund of the unused portion. We may, in our sole discretion, issue goodwill refunds outside this policy.

Taxes and price changes

Fees are exclusive of taxes. You are responsible for any applicable taxes other than taxes on our net income. We may change subscription prices at any time on at least 30 days’ notice; changes take effect at your next billing cycle and you may cancel before then if you do not accept the new price.

Failed payments

If a payment fails, we may suspend or terminate your access after reasonable notice and retry attempts. You remain responsible for unpaid fees through the date of termination.

5. Acceptable use

You agree that you will not:

• Use the Service in any way that violates applicable law or infringes the rights of others;
• Resell, sublicense, rent, lease, transfer, or otherwise commercially exploit the Service or any output of it without our prior written permission;
• Share your account credentials, allow more than one person to use a single seat, or scrape or otherwise extract content from the Service in bulk;
• Reverse engineer, decompile, or attempt to derive the source code of the Service, except as permitted by law;
• Probe, scan, or test the vulnerability of the Service, or breach or circumvent any security or authentication mechanism, except under an authorized security disclosure arrangement with us;
• Use the Service to send spam, phishing messages, malware, or any unsolicited content;
• Use the Service to generate or distribute content that is defamatory, harassing, hateful, sexually explicit involving minors, or otherwise unlawful;
• Interfere with or disrupt the Service, including by overloading, flooding, or sending excessive automated requests;
• Use the Service to train any machine-learning model that competes with the Service.

We may investigate and take action against any violation of these rules, including warning you, removing content, suspending features, or terminating your account.

6. Third-party podcast content

The Service produces summaries derived from podcast episodes published by third parties on publicly-available RSS feeds. PodWire does not own, control, endorse, or assume responsibility for the underlying podcasts, their hosts, their guests, or any statement made on them. Use of any podcast brand name, episode title, or host name on the Service is nominative and does not imply endorsement or affiliation.

The summaries we generate are intended as transformative reference material to help you decide what to listen to and to surface what was discussed. They are not a substitute for the original episode and cannot replace your understanding and judgment of the original content.

If you are a podcast rights holder and you would like your feed removed from the Service, email admin@podwire.ai. We will remove the feed within a reasonable time of confirming the request.

7. AI output and no professional advice

The Service uses large language models and automated transcription. Because of the probabilistic nature of these models, the output may be inaccurate, incomplete, biased, or out of date. The output may misattribute statements, hallucinate facts, or fail to capture nuance. You must evaluate the output for accuracy and appropriateness for your use case, including by listening to the underlying episode before relying on the output for any decision that matters.

THE OUTPUT OF THE SERVICE IS NOT INVESTMENT, FINANCIAL, TRADING, LEGAL, TAX, ACCOUNTING, OR OTHER PROFESSIONAL ADVICE. The Service is a research and productivity tool, not an advisor. You are solely responsible for any investment, trading, allocation, or other decision you make based on or informed by the output, and you should consult qualified professionals before acting on it.

PodWire makes no representation or warranty that the transcripts or summaries are accurate, complete, current, reliable, or fit for any particular purpose, and disclaims liability for any decision you take in reliance on them. See sections 11 and 12.

8. Intellectual property

Our IP. PodWire and its licensors retain all rights in the Service, including its software, design, trademarks, logos, and the methods by which we produce summaries. These Terms grant you a limited, non-exclusive, non-transferable, revocable right to use the Service for your internal business or personal use during your subscription, subject to these Terms.

Your inputs. You retain ownership of any custom prompts, settings, or other content you submit to the Service (“Your Content”). You grant us a worldwide, non-exclusive, royalty-free license to host, store, process, transmit, and display Your Content solely to operate and improve the Service for you.

Output. Subject to your compliance with these Terms, we assign to you whatever rights we have, if any, in the summaries generated for your account, so that you may use them for your internal purposes. Because the same summary methodology and the underlying podcast content can produce similar output for other users, the output is not exclusive to you, and we may generate, store, and deliver similar or identical output to other users.

Feedback. If you send us suggestions, feedback, or feature ideas, you grant us a perpetual, irrevocable, worldwide, royalty-free license to use them for any purpose without obligation to you.

9. Copyright complaints

PodWire respects intellectual property rights and accepts notices of alleged copyright infringement under any applicable law, including the U.S. Digital Millennium Copyright Act for U.S. claimants, the Canadian Copyright Act notice-and-notice regime for Canadian claimants, and the EU Digital Services Act for EU claimants. Send all notices to admin@podwire.ai. We will terminate the accounts of repeat infringers in appropriate circumstances.

For DMCA notices specifically, include the following in your written notice to our designated agent:

• Your physical or electronic signature, and your contact information;
• Identification of the copyrighted work claimed to have been infringed;
• Identification of the material on the Service that you claim is infringing, with enough detail for us to locate it;
• A statement, under penalty of perjury, that the information in the notice is accurate and that you are the copyright owner or authorized to act on the owner’s behalf; and
• A statement that you have a good-faith belief that the use of the material is not authorized by the copyright owner, its agent, or the law.

Non-U.S. claimants should provide the equivalent information required under their applicable law (for example, the elements required by section 41.25 of the Canadian Copyright Act, or by Article 16 of the EU Digital Services Act) so that we can identify the work, locate the material, and verify your standing to make the complaint.

10. Suspension and termination

You may cancel your subscription and delete your account at any time from your account settings.

We may suspend or terminate your access to the Service, in whole or in part, immediately and without notice if (a) you violate these Terms in a way that causes or is likely to cause significant harm to PodWire, our other customers, or the Service, (b) we are required to do so by law, or (c) your account has been inactive or unpaid for an extended period. For other material breaches, we will give you reasonable notice and an opportunity to cure before terminating.

On termination your right to use the Service ends. Sections that by their nature should survive termination (including sections 7, 8, 11, 12, 13, 16, and 17) will survive.

11. Warranty disclaimer

THE SERVICE AND ALL CONTENT AND OUTPUT IT PRODUCES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PODWIRE DISCLAIMS ALL WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

PODWIRE DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; THAT TRANSCRIPTIONS OR SUMMARIES WILL BE ACCURATE OR COMPLETE; OR THAT ANY EMAIL WILL BE DELIVERED, NOT BE FILTERED, OR ARRIVE IN ANY PARTICULAR TIMEFRAME.

12. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL PODWIRE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, BUSINESS OPPORTUNITY, OR TRADING OR INVESTMENT LOSSES, ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICE, WHETHER IN CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT PODWIRE HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.

PODWIRE’S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU HAVE PAID TO PODWIRE FOR THE SERVICE IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS (USD $100).

The limitations in this section apply regardless of the form of action and reflect a reasonable allocation of risk between you and PodWire given the fees paid and the nature of the Service. Some jurisdictions do not allow the exclusion of certain warranties or the limitation of certain damages, so parts of this section may not apply to you, in which case our liability is limited to the maximum extent permitted by law.

13. Indemnification

You agree to defend, indemnify, and hold harmless PodWire and its officers, employees, contractors, and agents from and against any claim, demand, loss, liability, damage, or expense (including reasonable attorneys’ fees) arising out of or relating to (a) your use of the Service, (b) your breach of these Terms, (c) Your Content, (d) your violation of any law or the rights of any third party, or (e) any decision you or anyone acting on your behalf makes in reliance on the output of the Service. We will give you prompt notice of any such claim and reasonable cooperation in the defense.

14. Changes to the Service

The Service is offered as a continuously updated product. We may add, modify, or remove features at any time. If we materially reduce a feature you rely on, we will use reasonable efforts to give you advance notice and, where the reduction is mid-cycle and not caused by your breach, offer the pro-rated refund described in section 4.

15. Changes to these Terms

We may revise these Terms from time to time. If we make a material change, we will notify you at least 30 days before the change takes effect by email to the address associated with your account and by posting a notice on the Service. Non-material changes take effect when posted. Your continued use of the Service after the effective date of a revision means that you accept the revised Terms. If you do not accept a revision, you may cancel your subscription as described in section 4 before it takes effect.

16. Governing law and dispute resolution

These Terms are governed by the laws of the Province of British Columbia and the federal laws of Canada applicable in British Columbia, without regard to conflict-of-laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

Any dispute, claim, or controversy arising out of or relating to these Terms or the Service that the parties cannot resolve informally will be brought exclusively in the courts located in Vancouver, British Columbia, and you and PodWire consent to personal jurisdiction in those courts.

To the extent permitted by applicable law in your jurisdiction, you agree to bring any claim individually rather than as a member of any class or representative proceeding. If applicable law, including consumer-protection law in your jurisdiction, prohibits class-action waivers, this paragraph does not apply to you and your statutory rights are unaffected.

Any claim must be filed within one (1) year after the cause of action arises, or it is permanently barred to the extent allowed by law.

17. General terms

Entire agreement. These Terms, together with our Privacy Policy and any order form or pricing page incorporated by reference, are the entire agreement between you and PodWire regarding the Service and supersede any prior agreements between us on the subject.

Severability. If any provision of these Terms is held to be unenforceable, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

No waiver. Our failure to enforce any right or provision is not a waiver of that right or provision.

Assignment. You may not assign these Terms or transfer your account without our written consent. We may assign these Terms to a successor in connection with a merger, acquisition, or sale of substantially all of our assets.

Force majeure. Neither party is liable for any failure or delay in performance due to causes beyond its reasonable control, including acts of God, war, terrorism, riots, pandemics, embargoes, labor disputes, internet or utility outages, or failures of third-party providers.

Independent contractors. The parties are independent contractors. These Terms do not create any partnership, agency, franchise, or employment relationship.

Notices. We may give you notices by email to the address associated with your account or by posting on the Service. You must send notices to us at admin@podwire.ai.

18. How to contact us

PodWire
Attn: Legal
Email: admin@podwire.ai