These terms and conditions outline the rules and regulations for the use of Podder’s Website, located at https://www.podderapp.com/.

By accessing this website we assume you accept these terms and conditions. Do not continue to use Podderapp if you do not agree to take all of the terms and conditions stated on this page.

The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and all Agreements: “Client”, “You” and “Your” refers to you, the person log on this website and compliant to the Company’s terms and conditions. “The Company”, “Ourselves”, “We”, “Our” and “Us” “Podderapp” “Podder Audio Advertising S.L.”, refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services, in accordance with and subject to, prevailing law of Netherlands. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.

Cookies

We employ the use of cookies. By accessing Podderapp, you agreed to use cookies in agreement with the Podder’s Privacy Policy.

Most interactive websites use cookies to let us retrieve the user’s details for each visit. Cookies are used by our website to enable the functionality of certain areas to make it easier for people visiting our website. Some of our affiliate/advertising partners may also use cookies.

License

Unless otherwise stated, Podder and/or its licensors own the intellectual property rights for all material on Podderapp. All intellectual property rights are reserved. You may access this from Podderapp for your own personal use subjected to restrictions set in these terms and conditions.

You must not:
- Republish material from Podderapp
- Sell, rent or sub-license material from Podderapp
- Reproduce, duplicate or copy material from Podderapp
- Redistribute content from Podderapp

Parts of this website offer an opportunity for users to post and exchange opinions and information in certain areas of the website. Podder does not filter, edit, publish or review Comments prior to their presence on the website. Comments do not reflect the views and opinions of Podder,its agents and/or affiliates. Comments reflect the views and opinions of the person who post their views and opinions. To the extent permitted by applicable laws, Podder shall not be liable for the Comments or for any liability, damages or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.

Podder reserves the right to monitor all Comments and to remove any Comments which can be considered inappropriate, offensive or causes breach of these Terms and Conditions.

You warrant and represent that:
- You are entitled to post the Comments on our website and have all necessary licenses and consents to do so;
- The Comments do not invade any intellectual property right, including without limitation copyright, patent or trademark of any third party;
- The Comments do not contain any defamatory, libelous, offensive, indecent or otherwise unlawful material which is an invasion of privacy
- The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.

You hereby grant Podder a non-exclusive license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats or media.

Hyperlinking to our Content

The following organizations may link to our Website without prior written approval:

- Government agencies;
- Search engines;
- News organizations;
- Online directory distributors may link to our Website in the same manner as they hyperlink to the Websites of other listed businesses; and
- System wide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Web site.

These organizations may link to our home page, to publications or to other Website information so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products and/or services; and (c) fits within the context of the linking party’s site.

We may consider and approve other link requests from the following types of organizations:
- commonly-known consumer and/or business information sources;dot.com community sites;
- associations or other groups representing charities;
- online directory distributors;
- internet portals;
- accounting, law and consulting firms; and
- educational institutions and trade associations.

We will approve link requests from these organizations if we decide that: (a) the link would not make us look unfavorably to ourselves or to our accredited businesses; (b) the organization does not have any negative records with us; (c) the benefit to us from the visibility of the hyperlink compensates the absence of Podder; and (d) the link is in the context of general resource information.

These organizations may link to our home page so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party’s site.

If you are one of the organizations listed in paragraph 2 above and are interested in linking to our website, you must inform us by sending an e-mail to Podder. Please include your name, your organization name, contact information as well as the URL of your site, a list of any URLs from which you intend to link to our Website, and a list of the URLs on our site to which you would like to link. Wait 2-3 weeks for a response.

Approved organizations may hyperlink to our Website as follows:

- By use of our corporate name; or
- By use of the uniform resource locator being linked to; or
- By use of any other description of our Website being linked to that makes sense within the context and format of content on the linking party’s site.

No use of Podder’s logo or other artwork will be allowed for linking absent a trademark license agreement.

iFrames

Without prior approval and written permission, you may not create frames around our Webpages that alter in any way the visual presentation or appearance of our Website.

Content Liability

We shall not be hold responsible for any content that appears on your Website. You agree to protect and defend us against all claims that is rising on your Website. No link(s) should appear on any Website that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.

Your Privacy

Podder Audio Advertising S.L. respects the privacy of it’s users. For more details please visit our Privacy Policy (located on our website podderapp.com).

Reservation of Rights

We reserve the right to request that you remove all links or any particular link to our Website. You approve to immediately remove all links to our Website upon request. We also reserve the right to amen these terms and conditions and it’s linking policy at any time. By continuously linking to our Website, you agree to be bound to and follow these linking terms and conditions.

Removal of Link From Our Website

If you find any link on our Website that is offensive for any reason, you are free to contact and inform us any moment. We will consider requests to remove links but we are not obligated to or so or to respond to you directly.

We do not ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we promise to ensure that the website remains available or that the material on the website is kept up to date.

Registration

You may be required to register with Podder Audio Advertising S.L. in order to access and use certain features of our Service. If you choose to register for the Service, you agree to provide and maintain true, accurate, current and complete information about yourself as prompted by the Service’s registration form. Registration data and certain other information about you are governed by our Privacy Policy. If you are under 13 years of age, you are not authorized to use the Service, with or without registering. In addition, if you are under 18 years old, you may use the Service, with or without registering, only with the approval of your parent or guardian.

License to Use Website

Unless otherwise stated, Podder Audio Advertising S.L. and/or its licensors own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved.

You may view, download for caching purposes only, and print pages or OTHER CONTENT from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.

Member, Account, Password and Security

You may never use another’s account, and you may not provide another person with the username and password to access your account. You are fully responsible for any and all activities that occur under your password or account, and it is your responsibility to ensure that your password remains confidential and secure. You agree to (a) immediately notify Podder Audio Advertising S.L. of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing the Service. Podder Audio Advertising S.L. will not be liable for any loss or damage arising from your failure to comply with this Section.

Acceptable Use

You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without Podder Audio Advertising S.L.’s express written consent.

You must not use this website to transmit or send unsolicited commercial communications.

You must not use this website for any purposes related to marketing without Podder Audio Advertising S.L.’s express written consent.

Recurring Payments/Subscriptions

If you select a Service with an auto renewal feature (displayed as “National Fame”, “Worldwide Fame or the “Legends”) you authorize Podder Audio Advertising S.L. to maintain your account information and charge that account automatically upon the renewal of the Service with no further action required by you. In the event that Podder Audio Advertising S.L. is unable to charge your account as authorized by you when you enrolled in a Recurring Subscription, Podder Audio Advertising S.L., may, in its sole discretion: (i) bill you for your Service and suspend your access to the Service until payment is received, and/or (ii) seek to update your account information through third party sources (i.e., your bank or a payment processor) to continue charging your account as authorized by you.

Podder Audio Advertising S.L. may change the price for Recurring Subscriptions from time to time and will communicate any price changes to you in advance and, if applicable, how to accept those changes. Price changes for Recurring Subscriptions will take effect at the start of the next subscription period following the date of the price change. As permitted by local law, you accept the new price by continuing to use your Recurring Subscription after the price change takes effect. If you do not agree with the price changes, you have the right to reject the change by cancelling your Recurring Subscription before the price change goes into effect. Please therefore make sure you read any such notification of price changes carefully.

Payments are nonrefundable and there are no refunds or credits for partially used periods. You may cancel a Recurring Subscription at any time, but if you cancel your subscription before the end of the current subscription period, we will not refund any subscription fees already paid to us. Following any cancellation, however, you will continue to have access to the service through the end of your current subscription period. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our users.

Cancellation of Service/Subscription

You can cancel by contacting Support at hello@podderapp.com and/or our support chat messenger on the website and confirming in a written form that you wish your subscription to be cancelled. The support then will manually cancel your subscription within the next 5 working days, after receiving and confirming your request. You won’t be charged a subscription fee for the review period of your request, in case this coincides with another subscription renewal period, or if by mistake you get charged, Podder Audio Advertising S.L. will refund you the wrongfully charged fee.

Refund Policy

Should you become dissatisfied with the Service within the first 14 days after your first interivew is proposed to you, Podder Audio Advertising S.L. will refund the full amount of your purchase and subsequently terminate the rest of your subscription. Refunds are not available for customers 21 days after a purchase. Refunds are not available for accounts which have violated the terms of service; violations are determined at Podder Audio Advertising S.L.’s sole discretion, based on our Terms.

In order to get a refund, the user must contact Podder Audio Advertising S.L. and request it. (You can contact us using the contact forms located on the website, live-chat support messenger on the website or by e-mail at hello@podderapp.com) The refund will be paid in full after a review if there are no violations of the terms from the user’s side and our mandatory feedback form is filled. We’ll provide the mandatory feedback form upon request.

No Warranties

This website is provided “as is” without any representations or warranties, express or implied. Podder Audio Advertising S.L. makes no representations or warranties in relation to this website or the information and materials provided on this website.

Without prejudice to the generality of the foregoing paragraph, Podder Audio Advertising S.L. does not warrant that:

this website will be constantly available, or available at all; or the information on this website is complete, true, accurate or non-misleading.

Nothing on this website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any legal, financial or medical matter you should consult an appropriate professional.

No Warranties

You can cancel by contacting Support at hello@podderapp.com and/or our support chat messenger on the website and confirming in a written form that you wish your subscription to be cancelled. The support then will manually cancel your subscription within the next 5 working days, after receiving and confirming your request. You won’t be charged a subscription fee for the review period of your request, in case this coincides with another subscription renewal period, or if by mistake you get charged, Podder Audio Advertising S.L. will refund you the wrongfully charged fee.

Limitation of Liability

Podder Audio Advertising S.L. will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:

for any indirect, special or consequential loss; or for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

These limitations of liability apply even if Podder Audio Advertising S.L. has been expressly advised of the potential loss.

Integrations

At Podder, we provide users with the option to integrate their Spotify and/or Apple accounts, allowing us to collect their podcast consumption and followers data for analysis. We want to make it clear that using this integration is entirely optional and not mandatory. You can choose not to integrate your accounts and still use Podder's other features.

It's worth noting that while the integration of your Spotify and/or Apple accounts with Podder allows us to collect your podcast consumption and followers data, it's important to be aware that this collection may not be in compliance with the user agreements of these platforms. We want to make it clear that there may be risks associated with using this integration, such as warnings, temporary and/or permanent bans of user accounts.

By choosing to integrate your accounts with Podder, you acknowledge that there may be risks involved and agree to use the integration at your own discretion. However, we assure you that we take the security and privacy of your data very seriously and will handle it in accordance with our privacy policy and terms of service.

Please also note that the data collected from this integration powers the following features on our website: Consumption, Consumption Breakdown, and Followers. These features are designed to provide you with valuable insights into your podcast consumption habits and breakdowns, which may not be available on the Apple and Spotify platforms. By integrating your Spotify and/or Apple accounts with Podder, you can enhance your user experience and gain a better understanding of your audience's listening habits.

By choosing to integrate your Spotify and/or Apple accounts with Podder, you agree to our terms and conditions and privacy policy. If you do not agree with the terms mentioned here, please do not use this integration. We recommend that you also review Spotify's and Apple's user agreements to fully understand their policies regarding third-party data collection.

Exceptions

Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit Podder Audio Advertising S.L.’s liability in respect of any:

death or personal injury caused by Podder Audio Advertising S.L.’s negligence; fraud or fraudulent misrepresentation on the part of Podder Audio Advertising S.L.; or matter which it would be illegal or unlawful for Podder Audio Advertising S.L. to exclude or limit, or to attempt or purport to exclude or limit, its liability.

Reasonableness

By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.If you do not think they are reasonable, you must not use this website.

Other Parties

You accept that, as a limited liability entity, Podder Audio Advertising S.L. has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against Podder Audio Advertising S.L.’s officers or employees in respect of any losses you suffer in connection with the website.

Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect Podder Audio Advertising S.L.’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Podder Audio Advertising S.L.

Unenforceable provisions

If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

Indemnity's

You hereby indemnify Podder Audio Advertising S.L. and undertake to keep Podder Audio Advertising S.L. indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Podder Audio Advertising S.L. to a third party in settlement of a claim or dispute on the advice of Podder Audio Advertising S.L.s legal advisers) incurred or suffered by Podder Audio Advertising S.L. arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.

Breaches of these Terms & Conditions

Without prejudice to Podder Audio Advertising S.L.’s other rights under these terms and conditions, if you breach these terms and conditions in any way, Podder Audio Advertising S.L. may take such action as Podder Audio Advertising S.L. deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

Variation

Podder Audio Advertising S.L. may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.

Assignment

Podder Audio Advertising S.L. may transfer, sub-contract or otherwise deal with Podder Audio Advertising S.L.’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.

Severability

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Entire Agreement

These terms and conditions, together with the Privacy Policy (located at the website), constitute the entire agreement between you and Podder Audio Advertising S.L. in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.

Disclaimer

To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website. Nothing in this disclaimer will:

- limit or exclude our or your liability for death or personal injury;
- limit or exclude our or your liability for fraud or fraudulent misrepresentation;
- limit any of our or your liabilities in any way that is not permitted under applicable law; or
- exclude any of our or your liabilities that may not be excluded under applicable law.

The limitations and prohibitions of liability set in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer, including liabilities arising in contract, in tort and for breach of statutory duty.

As long as the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.