Terms of Service

PodPitch LLC Terms of Service
Last Updated: 10/24/2023

1. Introduction and Acceptance of Terms By accessing, using, or subscribing to any services ("Services") provided by PodPitch, LLC. ("PodPitch", "we", "our", or "us"), whether via our website, mobile applications, APIs or other platforms, you ("User", "you", "your") hereby expressly acknowledge and agree to be bound by these Terms of Service ("Terms"), including any future amendments or updates thereto. If you do not agree to abide by or be bound by these Terms, you are expressly prohibited from using the Services and must discontinue use immediately.
1.1 Incorporation of Other Terms
In addition to these Terms, PodPitch’s Privacy Policy is expressly incorporated herein by reference and forms part of the governing conditions.
1.2 Eligibility
These Services are intended solely for Users who are eighteen (18) years of age or older, and any use or access to the Services by anyone under 18 is unauthorized and in violation of these Terms.
‍2. Description of Services
‍2.1 Scope of Services
PodPitch provides a multifaceted service designed to facilitate your appearances on various podcasts. This service is complex and includes features like automatic pitching to podcast hosts, scheduling, and content editing, among other features as may be introduced from time to time.
2.2 Specifics of What is Offered
Automatic Pitching: Our proprietary AI technology sends individualized pitches to podcast hosts that we identify as relevant to your area of expertise.
Automatic Scheduling: Using intelligent algorithms and calendar synchronization, we determine the optimal times for your podcast appearances, doing our utmost to adhere to your stated availability.
Content Preparation: Our human team compiles detailed briefings and talking points, as well as information about the podcast and its audience, to prepare you for each appearance.
2.3 Service Modifications
We reserve the right to modify, suspend, or discontinue the Services at any time, including the introduction of new features, with or without notice to you. We will not be liable to you or any third party for any modification, suspension, or discontinuation of the Services.
‍3. Eligibility and User Obligations
‍3.1 Legal Age Requirement
You must be at least 18 years of age to create an account on PodPitch and use the Services. By creating an account and using the Service, you represent and warrant that you can form a binding contract with PodPitch.
3.2 User Responsibilities
As a User, you agree to provide true, accurate, current, and complete information about yourself. You are responsible for maintaining the confidentiality of your account and are fully responsible for all activities that occur under your account.
3.3 Authorized Use
You are only authorized to use the Services in manners that are legal and in accordance with these Terms and any applicable local, state, national, or international laws and regulations.
‍4. Fees, Payments, and Refunds
‍4.1 Payment Terms
Various parts of the Service may be provided for a fee or other charge. These fees and charges are described on the platform, and in the event you elect to use paid aspects of the Service, you agree to the pricing and payment terms.
4.2 No Refund Policy
Unless explicitly provided for in these Terms or as required by applicable law, all purchases are final and non-refundable, with the exception of our Limited Guarantee of Results
4.3 Payment Information
You are responsible for providing accurate and current payment information when signing up for the Service. PodPitch reserves the right to block access to the Service pending resolution of any amounts due by you to PodPitch.
‍5. Limited Guarantee of Results
‍5.1 No Warranties of Outcome
While PodPitch utilizes advanced technology and methods to facilitate your appearances on podcasts, we make only a limited guarantee about the number, frequency, or quality of such appearances. We guarantee four podcast bookings per month and will refund a pro-rated rate if unable to book one, two, three, or four bookings per month. The pro-rated refund rate will be proportional to the failed podcast bookings. For example, three bookings in a month would result in a 25% refund. The refund shall be due no later than 30 days after the month in which the violation occurs, made back to the original payment method.
5.2 Performance Metrics
PodPitch may from time to time share performance metrics with you, but these are not to be considered as guarantees of future performance.
5.3 User Cooperation
The successful scheduling of podcast appearances also depends on the cooperation and responsiveness of the User, for which PodPitch cannot be held responsible.
‍6. Data Protection and Intellectual Property
‍6.1 Privacy Policy
Our Privacy Policy, which is incorporated into these Terms, describes our data collection and usage. You should review this policy fully to understand how we handle your data.
6.2 Intellectual Property Ownership
Any content generated through your use of the Services remains your intellectual property or that of the respective podcast host. However, by using the Services, you grant PodPitch a non-exclusive license to use, reproduce, and display such content solely for the purpose of delivering the Services.
6.3 Third-Party Data Sharing
We will not share or sell your personal data with third parties for their marketing purposes unless you expressly consent.
‍7. Termination
‍7.1 Right to Terminate
We reserve the right to terminate or restrict your account and access to the Services for violations of these Terms, illegal activity, or other reasons that may harm the Service or endanger users.
7.2 Obligations Upon Termination
Upon termination, you are obliged to cease all use of the Services immediately. Any provisions of these Terms that by their nature should survive termination shall survive termination.
‍8. Disclaimers and Limitation of Liability
‍8.1 AS-IS Service
The Services are provided “as-is” and “as-available,” without any warranties of any kind, either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
8.2 Limitation of LiabilityPodPitch shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly.
‍9. Governing Law
‍9.1 Applicable Laws
These Terms are governed and interpreted in accordance with the laws of the State of Delaware, without regard to its conflict of law principles.
9.2 JurisdictionYou agree that the federal and state courts located in the State of Delaware will have exclusive jurisdiction over any dispute arising from or relating to these Terms or the use of the Services.
‍10. Amendments and Contact
‍10.1 Right to Amend
PodPitch reserves the right to modify these Terms at any time, effective upon posting of an updated version on the Service. You are responsible for regularly reviewing these Terms. Continued use of the Service after any such changes shall constitute your consent to such changes.
10.2 Contact Information
For any questions about these Terms or the Services, please contact us at neal@podpitch.com.
Note: This document is for informational purposes and should be reviewed by a legal expert for compliance with laws and regulations applicable to your jurisdiction.
‍11. Miscellaneous
‍11.1 Entire Agreement
These Terms, including any legal notices and disclaimers contained herein, constitute the entire agreement between PodPitch and you concerning the use of the Service, and supersede all prior agreements and understandings with respect to the same.
11.2 No Waiver
No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and PodPitch's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
11.3 Severability
If any provision of these Terms is found to be unenforceable or invalid under any applicable law, the unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.
11.4 Assignment
You may not assign your rights and/or obligations under these Terms to any other party without our prior written consent. We may assign our rights and/or obligations under these Terms to any other party at our discretion.
11.5 Force Majeure
PodPitch is not liable for any failure to perform due to causes beyond its reasonable control including, but not limited to, acts of God, acts of civil authorities, acts of military authorities, riots, embargoes, acts of nature and natural disasters, and other acts which may be due to unforeseen circumstances.
‍12. Dispute Resolution
‍12.1 Arbitration
You agree that all disputes between you and PodPitch will be resolved by binding, individual arbitration under the American Arbitration Association's rules for arbitration of consumer-related disputes and you and PodPitch hereby expressly waive trial by jury.
12.2 Class Action Waiver
As part of the arbitration agreement, both you and PodPitch agree to waive the right to bring any claims in a class action format. That is, there will be no right or authority for any dispute to be brought, heard or arbitrated as a class action, as a private attorney-general, or in any other proceeding in which either party acts or proposes to act in a representative capacity.
12.3 Opt-Out Period
You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth above by sending written notice of your decision to opt-out to neal@podpitch.com within 30 days.
‍13. Customer Support
‍13.1 Customer Service Contact
For any issues concerning the Service or these Terms, you may contact PodPitch Customer Service at hi@podpitch.com.
13.2 Response Time
While we strive for efficiency, you agree that any customer support provided will be available on an “as-is” and “as-available” basis, and we make no guarantees or warranties regarding the speed or efficacy of response.
13.3 Service Limitations
Our customer service team is able and equipped to resolve most issues concerning your use of the Service. However, certain technical issues may require direct interaction with third-party service providers, for which PodPitch cannot assume responsibility.
‍14. External Links and Third-Party Interactions
‍14.1 Third-Party Websites
The Service may include links to third-party websites that are not owned or controlled by PodPitch. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites.
14.2 Third-Party Interactions
Your interactions with organizations and/or individuals found on or through the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals.
14.3 Liability Limitation
You agree that PodPitch shall not be responsible or liable for any loss or damage of any sort incurred as the result of any dealings with third-parties.
Note: This document is for informational purposes and should be reviewed by a legal expert for compliance with laws and regulations applicable to your jurisdiction.keep goingChatGPT
‍15. Data Security and Privacy
‍15.1 Data Security
We implement a variety of security measures to maintain the safety of your personal information when you use the Service. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes.
15.2 Data Retention
We retain your data only for as long as necessary to fulfill the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.
15.3 Data Breach
In the event of a data breach, we will notify you and the applicable authorities as required by law.
‍16. Content Ownership and Intellectual Property
‍16.1 Ownership
All content provided through the Service is owned by PodPitch or its licensors and is protected by applicable intellectual property laws.
16.2 Licensing
By using the Service, you are granted a limited, non-exclusive, non-transferable, revocable license to access and use the content and services in accordance with these Terms.
16.3 Restrictions
You may not use, copy, modify, distribute, or create derivative works from any content obtained through the Service, except as expressly authorized by these Terms or applicable license.
‍17. Compliance with Laws
‍17.1 Local Laws
You are responsible for complying with local laws, if and to the extent local laws are applicable.
17.2 Export Compliance
You may not use, export, re-export, import, or transfer the Service except as authorized by United States law, the laws of the jurisdiction in which you obtained the Service, and any other applicable laws.
‍18. Termination
‍18.1 Right to Terminate
We reserve the right to terminate or suspend your account and access to the Services for conduct that we believe violates these Terms or is harmful to other users of the Services, us, or third parties, or for any other reason.
18.2 Obligations Upon Termination
Upon termination, all rights and obligations will be extinguished, except such rights and obligations which by their nature should survive termination shall survive termination, including but not limited to, intellectual property rights, disclaimers, and limitations of liability.Note: This document is for informational purposes and should be reviewed by a legal expert for compliance with laws and regulations applicable to your jurisdiction.
‍19. User Conduct and Responsibilities
‍19.1 Code of Conduct
You agree to use the Service responsibly and in a manner that respects the rights and dignity of others. Harassment, abuse, or any form of malicious behavior towards other users or PodPitch staff is strictly prohibited.
19.2 Account Integrity
You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
19.3 Reporting Violations
You agree to promptly report any violations of these Terms or any perceived misconduct within the Service to PodPitch customer service.
‍20. Representations and Warranties
‍20.1 Your Representations
You represent and warrant that you have the legal capacity to enter into these Terms, and that you will comply with these Terms.
20.2 Disclaimer
Except as expressly provided in these Terms, the Service is provided "as is" and "as available" without any warranties of any kind, either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
‍21. Indemnification
‍21.1 Your Indemnification Obligations
You agree to indemnify, defend, and hold harmless PodPitch, its officers, directors, employees, agents, licensors and suppliers from and against all losses, liabilities, expenses, damages, and costs, including reasonable attorneys' fees, resulting from any violation of these Terms, or any activity related to use of the Service (including but not limited to negligent or wrongful conduct) by you or any other person accessing the Service using your account.
21.2 Cooperation
You agree to cooperate fully in the defense of any claim asserted against PodPitch as a result of your actions. PodPitch reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
‍22. Notices and Communication
‍22.1 Electronic CommunicationYou consent to receive electronic communications from PodPitch and agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements.
22.2 Contact Preferences
You can manage your contact preferences in the user account settings. Failure to maintain accurate contact information may result in lack of critical information about your account or the Services.
23. Modifications to the Service
‍23.1 Right to Modify
PodPitch reserves the right to modify or discontinue the Service or any features or portions thereof without prior notice. You agree that PodPitch will not be liable for any modification, suspension, or discontinuance of the Service or any part thereof.
23.2 Notification of Changes
While we aim to provide advance notice of significant changes, this may not always be feasible. Changes will be communicated through the Service interface, email, or other reasonable means.
‍24. Governing Law and Jurisdiction
‍24.1 Applicable LawThese Terms are governed by and construed in accordance with the laws of the State of Delaware, without giving effect to any principles of conflicts of laws.
24.2 Jurisdiction
You agree that any action arising out of or relating to these Terms will be filed only in the state or federal courts located in Delaware and you hereby consent to the personal jurisdiction of such courts.
‍25. Dispute Resolution and Arbitration
‍25.1 Agreement to Arbitrate
You and PodPitch agree that any dispute, claim, or controversy arising out of or in relation to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Service will be resolved exclusively through final and binding arbitration.
25.2 Arbitration Process
The arbitration will be conducted by a mutually agreed-upon arbitrator, or if none can be agreed upon, by an arbitrator appointed by a court of competent jurisdiction. The arbitration proceedings will be conducted in English and in accordance with the rules of an established arbitration body, as decided by PodPitch.
‍26. Miscellaneous
‍26.1 Entire Agreement
These Terms, along with any additional terms or policies incorporated herein by reference, represent the entire agreement between you and PodPitch regarding the use of the Service.
26.2 Severability
If any provision of these Terms is found to be unlawful, void, or unenforceable, then that provision shall be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions.
26.3 No Waiver
No waiver of any provision of these Terms by PodPitch shall be deemed a further or continuing waiver of such provision or any other provision, and PodPitch's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
‍27. Assignment and Delegation
‍27.1 Assignment by User
You may not assign these Terms or any rights or obligations herein without the prior written consent of PodPitch and any attempted assignment in violation of this provision shall be null and void.
27.2 Assignment by PodPitch
PodPitch may assign these Terms, in whole or in part, at any time without notice to you.
‍28. Force Majeure
‍28.1 Definition
Neither party shall be liable for any failure or delay in performance under these Terms due to causes beyond its reasonable control, including but not limited to, labor disputes, strikes, lockouts, internet or telecommunications failures, shortages of or inability to obtain labor, energy, or supplies, war, terrorism, riot, or acts of God.
28.2 Notification
The affected party will notify the other party as soon as practicable after the occurrence of any such event.
‍29. Business Transfers
‍29.1 Transfer or Sale
In the event that PodPitch is involved in a bankruptcy, merger, acquisition, reorganization, or sale of assets, your personal information may be sold or transferred as part of that transaction
.29.2 Continued Service
The promises in these Terms will apply to your information as transferred to the new entity.
‍30. Beta Services
‍30.1 Definition
From time to time, PodPitch may offer new "beta" features or tools with which its users may experiment. Such services are offered solely for experimental purposes and may be modified or discontinued at PodPitch’s sole discretion.30.2 Exclusion of LiabilityThe provisions of these Terms relating to warranties and liabilities do not apply to Beta Services.
‍31. Feedback and Suggestions
‍31.1 FeedbackAny feedback, comments, or suggestions you may provide regarding PodPitch or the Services is entirely voluntary and we will be free to use such feedback, comments, or suggestions as we see fit and without any obligation to you.
31.2 No Compensation
You agree that you will not be entitled to any compensation if PodPitch uses any of your feedback for improving its Services.
‍32. Email Representation Authority and Limitation of Liability
‍32.1 Grant of Authority
By using the Services, you expressly grant PodPitch, its agents, employees, and subcontractors, the unrestricted authority to represent you via email to the fullest extent and for the purposes as outlined in these Terms and related policies. This includes, but is not limited to, reaching out to podcast hosts, scheduling appearances, and negotiating terms on your behalf.
32.2 Scope of Representation
You acknowledge and agree that the manner, timing, and method by which PodPitch represents you via email shall be at the sole discretion of PodPitch. This may include the automated sending of emails by our AI systems, as well as manually crafted emails by our team members.
32.3 No Approval Required
You waive any right to review, approve, or otherwise exercise editorial or managerial control over the emails and other communications sent on your behalf. You trust PodPitch to execute email-based representation based on its expertise and judgment.
32.4 Limitation of Liability
You understand and agree that PodPitch's representation of you via email is provided "as is" and "as available," without any warranties of any kind, either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. PodPitch shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to damages for loss of profits, goodwill, or other intangible losses, arising out of or in connection with the email representation conducted by PodPitch.
32.5 Indemnification for Representation
You agree to indemnify, defend, and hold harmless PodPitch from and against any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys' fees and costs) that such parties may incur as a result of or arising from PodPitch's email representation of you, including any third-party claims alleging that such representation infringes on their rights or violates any applicable law.
32.6 Revocation of Authority
This authority may only be revoked by you through the termination of your account and discontinuation of the Services, subject to the termination clauses in these Terms.
33. Non-Disparagement Clause
33.1 Agreement to Non-Disparagement
You agree not to make any statements, written or verbal, or cause or encourage others to make any statements, written or verbal, that defame, disparage or in any way criticize the personal or business reputation, practices, or conduct of PodPitch, its employees, directors, and officers. This prohibition extends to statements made in any manner or medium, including, without limitation, statements made on social media platforms, forums, blogs, and other online channels, as well as offline channels.
33.2 Scope
This non-disparagement clause is not intended to limit any bona fide reviews or opinions you may have, but rather to prohibit defamatory or disparaging remarks that harm PodPitch or its business interests. This clause is also not intended to infringe upon any rights you may have under applicable law, including your right to provide truthful information to government authorities or participate in a governmental investigation.
33.3 Consequences for Breach
A breach of this Non-Disparagement Clause shall be considered a material breach of these Terms. In case of such a breach, PodPitch reserves the right to terminate your access to the Service, without limiting any other rights and remedies that PodPitch may have.
33.4 Legal Remedies
You agree that damages for breach of this provision may be difficult to quantify and therefore, upon any such breach or threat thereof, PodPitch shall be entitled to seek injunctive relief without the need to post any security, in addition to whatever remedies it may have at law or under these Terms.
33.5 Survival
This Non-Disparagement Clause shall survive the termination or expiration of these Terms and your use of the Service.