Terms of Service

The following terms and conditions govern all your use of our Service, including, but not limited to, the Website (podsworth.com) and all other apps, tools, data, software, APIs, content, products, and services available at or through the Website or otherwise provided by Podsworth. The Service is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies, and procedures that may be published from time to time on this Website by Podsworth (collectively, the “Agreement”).

Please read this Agreement carefully before accessing the App or using the Service. By accessing the Website or App or using any part of the Service, you agree to become bound by the terms and conditions of this Agreement. If you do not agree to all the terms and conditions of this Agreement, then you may not access the Website or use any part of the Service. If these terms and conditions are considered an offer by Podsworth, acceptance is expressly limited to these terms.

You can create a Podsworth “Account” with your email address and a password, or by signing in with Google. Give us accurate information and keep it up to date. You are responsible for keeping your password and any API keys secret, and for all activity under your Account or its keys. Tell us right away at info@podsworth.com if you think someone has used your Account without permission.

Teams. An Account can create a team and invite other people to it. A team’s owners and admins decide who belongs to the team and what each member can do. Members can place orders with the team’s credits, and the team’s orders and credit history are visible to its members. If you create or manage a team for an organization, you confirm that you are allowed to accept these terms on its behalf.

Shows. A team Account can organize its projects into shows, for example one for each podcast, each with its own settings, artwork and usage. API keys and webhook endpoints can be limited to one show, and then only reach that show’s projects. A show’s name, settings and artwork are part of your Content, so the rules below apply to them too: upload only artwork you have the right to use. An archived show takes no new projects and keeps the ones it has.

Podsworth will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.

It is Podsworth’s policy that, if your account information or Content stored on our servers is requested for the purpose of a legal investigation, we will notify you of this request prior to disclosure, unless this is prohibited by applicable law.

Podsworth is not a data storage or backup service. We do not backup your Content, and you are responsible for keeping backups of your own work.

Your uploaded files, processed files and any associated files are permanently deleted from our servers, including all metadata and any copies at external services, thirty (30) days after they were created, unless you keep them (see Keep below), and except for any excerpts we keep as described below. API users can delete a project’s files sooner. Copies we send where you ask, such as a Google Drive or Dropbox folder you connected, are yours: we don’t delete them. We will, however, keep billing metadata associated with your orders in an internal database (e.g. how many hours of audio you have processed, etc.).

Also, we may elect to store selected audio files (or excerpts thereof) from your Content in an internal storage space for the purpose of improving our audio processing algorithms. You will not have access to either this internal database or storage space, and we do not guarantee that we will keep your metadata or audio files for any specific period of time.

Keep. With a Podsworth Account, you can keep a project’s files longer than 30 days: both the files you uploaded and the files we sent back. Keeping a project costs a one-time fee, taken from the Account’s credits and based on what the project was charged: the fee shown on our Pricing page when you keep it. It’s charged when the files are kept: at once if the project is finished, or when it finishes. If the Account doesn’t have enough credits for the fee then, the project isn’t kept, and you can ask again while its files still exist. Kept files stay until you delete them or your Account is closed, and deleting them doesn’t return the fee. If we ever stop offering Keep, we’ll email you at least thirty (30) days before we delete kept files. Keep is not a backup: keep your own copies of anything you can’t afford to lose.

When using our Service, you fully retain any rights that you have with regards to your Content, including copyright. The only rights with regards to your Content that you grant Podsworth are for the following purposes:

• To process your files, such that Podsworth can create new media files from your Content according to your instructions.

• To improve our audio processing algorithms. For this purpose, you agree that your Content may be viewed and/or listened to by Podsworth employees or any person(s) contracted by Podsworth to work on our audio processing algorithms.

• To deliver your Content where you tell us to send it: your own folders and webhook endpoints, and apps you connect.

• To store the files you keep (see Keep above).

We will not share your Content, or metadata associated with or generated from your Content, with third parties, except with the service providers that store or process it on our behalf, as described in our Privacy Policy, and where you tell us to send it (your own folders and webhook endpoints, and apps you connect). We may occasionally share statistical data concerning processing times and other non-personal technical data with third parties, but if we do so, the data will be presented in an aggregated form that is not ascribable to an individual user.

You can pay for each order by card, or, with a Podsworth Account, with prepaid credits. Card payments are handled by our payment processor; we never see or store your full card number.

Credits. One credit covers one minute of audio. We charge credits by the second for the audio we measure in your files, with a minimum charge per project (the current minimum is in our FAQs). Current prices are on our Pricing page. Credits you buy don’t expire; a plan’s hours follow the plan rules below. Credits have no cash value, and can’t be sold or transferred, except that credits bought for a team belong to that team and its members use them. A project uses plan hours first, then free credits, then credits you bought.

Free trial. New accounts may get a one-time allowance of free credits. We may decline or remove trial credits if we believe an account was created to get more than one trial.

Monthly plans. A plan is a monthly subscription that adds its hours to your Account each month. It renews automatically every month until you cancel it, and you authorize us to charge the card saved for it at each renewal. A month’s hours are added when its payment goes through. Unused plan hours roll over, up to one month’s worth: at each renewal, plan hours above one month’s are removed before the new month’s are added. You can change or cancel your plan at any time under Billing details on your account page. A change or a cancellation takes effect at your next renewal, and you keep the hours you already have; hours left when a plan ends don’t expire. We may change a plan’s price or hours, including for existing subscriptions. We’ll email you at least thirty (30) days before a change applies to yours: it takes effect at a renewal after that notice, and you can cancel before then. Plan payments are non-refundable, like other purchases (see Refunds below).

If a renewal payment fails, that month’s hours aren’t added until it’s paid. We email the Account’s owners and billing members a link to pay, and our payment processor tries the card again. If the renewal is still unpaid after its last try, the plan ends; hours already added stay usable.

Auto top-up. You can have your Account buy a credit bundle you choose whenever its balance drops below a level you set, charged to its saved card without asking you each time. You also set a monthly limit on how many of these purchases it makes, counted by calendar month (US Central time). If a charge fails, auto top-up pauses until someone on the Account turns it back on, and we email the owners and billing members. Projects that need more credits than the Account has can’t start until credits are added.

Paying by invoice. On request, we can let an Account buy credit bundles on invoice. Each invoice is due thirty (30) days after it’s sent and can be paid by bank transfer, ACH debit or card. Its hours are added when the invoice is sent, before it’s paid. We set a limit on how much an Account may owe on unpaid invoices at once, and while an invoice is overdue the Account can’t get another (buying with a card still works). We email reminders to the Account’s owners and billing members before the due date and after it. We don’t charge late fees or interest, but if an invoice is more than thirty (30) days overdue, we may suspend the Account after telling its owners and billing members by email. If an unpaid invoice is cancelled or written off, we remove its hours that haven’t been used; hours already used are still owed.

Refunds. If we can’t process a project, or you cancel it before processing starts, the credits it used are returned to your account automatically, and a card order that we can’t process is refunded to your card. Purchased credits, including credits you haven’t used, are non-refundable, as are other payments, except where the law requires otherwise. For help with an order, email support@podsworth.com.

Prices don’t include taxes unless we say so. We may change prices for future purchases at any time; a change never affects credits you already have.

If you make (or allow any third party to make) any of your Content available by means of our Service, you are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question is the original audio files, the processed audio files, text created from either of these audios, video including either of these audios, or any other kind of data. By making your Content available on our Website or any third-party site through our Service, you represent and warrant that:

• the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;

• if your employer has rights to intellectual property you create, you have either
  — received permission from your employer to make available the Content, or
  — secured from your employer a waiver as to all rights in or to the Content;

• you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;

• the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content.

Without limiting any of those representations or warranties, Podsworth has the right (though not the obligation) to, in Podsworth’s sole discretion,

• refuse or remove any Content that, in Podsworth’s reasonable opinion, violates any Podsworth policy or is in any way harmful or objectionable, or

• terminate or deny access to and use of the Website to any individual or entity for any reason, in Podsworth’s sole discretion.

We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which podsworth.com links and that link to podsworth.com. Podsworth does not have any control over those non-Podsworth websites and webpages, and is not responsible for their contents or their use. By linking to a non-Podsworth website or webpage, Podsworth does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Podsworth disclaims any responsibility for any harm resulting from your use of non-Podsworth websites and webpages.

With a Podsworth Account, you can use the Podsworth API to send audio for processing from your own software. When you do:

• Keep your API keys secret. Anything done with your keys counts as done by you. If you think a key was exposed, revoke it on your account page.

• Stay within the API’s limits. We limit how many requests each key can make, and we may slow down or suspend keys that put the Service at risk or break these terms.

• Use test keys for building and testing. Test projects are never processed or charged: their results are your own files, returned the way real results are, with a placeholder transcript. Test mode has its own daily limits, and test and live projects never see each other.

• If you add a webhook endpoint, we send your Account’s events to it, signed so you can check they came from us. We retry a delivery that fails for up to 3 days, and turn off an endpoint that hasn’t accepted one in 3 days, with an email to the Account’s owners and admins. Events describe your projects and credits, so protect the endpoint as you would your keys.

• You may use the API to process audio for yourself or for your clients. Don’t share your keys, try to get around limits or security measures, or offer access to the Service itself to others as an API or tool without our written permission.

We may change the API. When we can, we will give reasonable notice before removing a feature you rely on. If you build an app that other people use with their own Podsworth Accounts, you are responsible for how your app handles their Content and data, and you agree not to misuse their credentials. We are not responsible for how third-party developers handle your Content and your Podsworth user data.

You can connect an app, such as an AI assistant, to your Podsworth Account so it can work with Podsworth for you. When you connect one, you choose what it may do: see the Account and its projects, work in test mode, spend credits on projects, and buy credits with the Account’s saved card. You can give spending and buying each a monthly limit (in hours of credits, or in dollars), counted by calendar month (US Central time), and limit the app to one show. An app never gets more than you have: if your role on the Account changes, or you leave it, the app’s access changes with it.

What a connected app does with the permissions you gave it counts as done by you, and the Account is responsible for it, including the credits it spends and the credits it buys. We stop an app at the limits you set; without a limit, it can use everything you allowed. Apps are made by other companies, and how they handle your information is governed by their own terms, so connect only apps you trust. You can disconnect an app at any time on your account page, which ends its access at once, and the Account’s owners and admins can disconnect any app connected to it.

An app can give you an upload link for one of your projects. Anyone with that link can add files to the project for 24 hours, so share it only with people you trust.

Given the automated nature of the Podsworth App, Podsworth employees do not usually inspect in any way content submitted by users for processing, and we do not verify whether or not users have the rights to any content they submit for processing. Any violation of Your Responsibilities as laid out in the section of the same name above does not transfer any liability, responsibility, or obligation to Podsworth.

Podsworth reserves the right, at its sole discretion, to modify or replace any part of this Agreement. If this happens, we will publish the new version on our website. If a change materially affects Account holders, we will also tell them by email before it takes effect. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Podsworth may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.

Podsworth may terminate your access to all or any part of our Service, and/or permanently delete any Content and data associated with your Account, at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement, you may simply discontinue using the Website. To close your Account, email info@podsworth.com. Unused credits end when an Account is closed. Closing an Account cancels its plan at once, without a refund for the current month, and deletes its kept files. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

The Website is provided “as is”. Podsworth and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Podsworth nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.

In no event will Podsworth, or its suppliers or licensors, be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability, or other legal or equitable theory for:

• any special, incidental or consequential damages
• the cost of procurement for substitute products or services
• for interruption of use or loss or corruption of data.

Podsworth shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

You represent and warrant that:

• your use of the Website will be in strict accordance with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the country in which you reside) and
• your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.

You agree to indemnify and hold harmless Podsworth, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.