Podseeker Terms and Conditions

1. Terms

By accessing the website at https://www.podseeker.co, you are agreeing to be bound by these terms of service ("Terms"), all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site ("Service"). The materials contained in this website are protected by applicable copyright and trademark law.
Certain features of the Service may be subject to additional guidelines, terms, or rules, which will be posted on the Service in connection with such features. Furthermore, your use of features integrating with third-party services (such as Google Gmail or Microsoft Outlook) may require you to agree to and comply with the terms and conditions of those third-party services. All such additional terms, guidelines, and rules are incorporated by reference into these Terms.

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2. Use License

Permission is granted to temporarily download one copy of the materials (information or software) on Podseeker’s website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
a. modify or copy the materials;
b. use the materials for any commercial purpose, or for any public display (commercial or non-commercial), except as explicitly permitted by a purchased service or license from Podseeker;
c. attempt to decompile or reverse engineer any software contained on Podseeker’s website;
d. remove any copyright or other proprietary notations from the materials; or
e. transfer the materials to another person or “mirror” the materials on any other server.
f. use any integrated third-party service (such as the Gmail or Outlook integration) in a manner that violates the terms of service of that third party, including but not limited to sending spam or engaging in prohibited activities;

This license shall automatically terminate if you violate any of these restrictions and may be terminated by Podseeker at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format, unless such materials were obtained through a legitimate purchase of data explicitly permitting retention.

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3. Third-Party Integrations, Email Sending, and Tracking

a. Functionality: Podseeker may offer integrations with third-party email services, such as Google Mail ("Gmail") and Microsoft Outlook ("Outlook"), allowing you to interact with those services via our platform. For these integrations (e.g., Gmail, Outlook), features may include sending emails directly from Podseeker using your connected email account and tracking the engagement of those emails.
b. Required Permissions: To enable these features, Podseeker requires your explicit authorization via the respective provider's (e.g., Google's, Microsoft's) consent screen to access specific permissions:
i. Permission to send emails (e.g., gmail.send for Gmail, Mail.Send for Outlook, or similar scopes): Necessary to compose and send emails (e.g., pitches) on your behalf, initiated by you through Podseeker.
ii. Permission to read emails sent via Podseeker (e.g., gmail.readonly for Gmail, Mail.ReadBasic or Mail.Read for Outlook, or similar scopes): Necessary to access the content and metadata of emails that you have specifically sent using the Podseeker platform. This access enables end-to-end tracking features within Podseeker, such as detecting replies and bounces related to your sent pitches.
iii. Podseeker does NOT request nor access permission to read, index, or manage the content of your general email inbox (whether Gmail, Outlook, or other connected providers), received emails, drafts, or any emails not sent via the Podseeker platform. Access is strictly limited as described here and in our Privacy Policy.
c. Authorization: By connecting your third-party account (e.g., Google Account, Microsoft Account) and granting these permissions, you authorize Podseeker to perform these actions on your behalf as described. You can manage or revoke these permissions at any time through your Podseeker account settings or your third-party account settings (e.g., Google Account security settings, Microsoft Account security settings), which may disable related features.
d. Email Engagement Tracking:
i. Sent Mail Analysis: Using the read permission described above (3.b.ii), Podseeker analyzes emails sent via the platform to provide you with engagement data like detected replies and bounces. This analysis is performed to enhance the service provided to you.
ii. Pixel Tracking: Emails sent via Podseeker may also include an invisible tracking pixel (a small image) to allow you, the sender, to see if and when a recipient has opened your email. This pixel typically collects limited information like the time of open and the IP address associated with the open event. [Optional: Add "You may be able to disable pixel tracking in your account settings." - Only include if this is true and distinct from revoking the main read permission].
iii. Purpose: Tracking features (both sent mail analysis and pixel tracking) are provided for your convenience to monitor the performance of emails sent through Podseeker. Data handling is governed by our Privacy Policy.
e. User Responsibility: When using integrations like the Gmail or Outlook feature:
i. You are solely responsible for the content of communications sent via the integration using your account.
ii. You agree to comply fully with the terms of service, acceptable use policies (including anti-spam policies), and other rules of the third-party service provider (e.g., Google/Gmail, Microsoft/Outlook). Podseeker is not responsible for your compliance or non-compliance. Violation of third-party terms may lead to suspension of your Podseeker account or integration access.
iii. You acknowledge that sending emails uses your own third-party account's sending limits, reputation, and is subject to their deliverability practices. Podseeker is not responsible for deliverability issues, emails marked as spam, or any actions (like blocks or limitations) taken by the third-party provider against your account resulting from your use of the integration.
f. Reliance on Third Parties: The functionality and availability of third-party integrations depend entirely on the respective third-party providers (e.g., Google, Microsoft). Podseeker does not control these services and is not responsible for their availability, performance, security, or any changes they make (e.g., to APIs, policies, or features) that may affect or break the integration. Features relying on these integrations may change, become limited, or cease to be available without notice due to third-party actions.
g. Data Handling: Your use of third-party integrations is subject to our Privacy Policy, which provides detailed information on how we collect, use, and protect data accessed via these integrations, including adherence to policies like the Google API Services User Data Policy and Microsoft's applicable API terms and data policies (such as the Microsoft Services Agreement or specific API terms of use).

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4. Data Purchases

Podseeker may offer features allowing you to search for and directly purchase specific sets of podcast-related data ("Data Purchases"). You acknowledge and agree that all Data Purchases are final and non-refundable. Please ensure the data you intend to purchase meets your requirements before completing the transaction.

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5. Subscription Terms, Payments, and Cancellation

a. Subscription Plans: We offer various subscription plans for our Service ("Subscription"). Details of our current Subscriptions, including features and pricing, are available on our website.

b. Billing and Automatic Renewal: By purchasing a Subscription, you authorize us to charge your chosen payment method ("Payment Method") on a recurring basis (e.g., monthly or annually) without further authorization from you, until you cancel. YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW AT THE END OF EACH BILLING CYCLE UNLESS YOU CANCEL IT through your account settings or by contacting us before the renewal date.

c. Price Changes: We reserve the right to change the price of our Subscriptions. We will provide you with reasonable prior notice of any price changes, for example by email or a notice on the Service. If you do not agree to the price change, you must cancel your Subscription before it takes effect.

d. Failed Payments: If your Payment Method fails, we may suspend your access to the paid features of the Service until payment is successfully processed. You remain responsible for any uncollected amounts.

e. Cancellation: You may cancel your Subscription at any time. Your cancellation will take effect at the end of the current billing period, and you will retain access to the paid features until that date.

f. No Refunds for Subscriptions: Payments for Subscriptions are non-refundable, and we do not provide refunds or credits for any partial subscription periods or unused Service, except as may be expressly provided in these Terms (such as in Section 13) or required by law.

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6. User Conduct and Prohibited Activities

As a condition of your use of the Service, you agree not to:

a. Use the Service for any purpose that is unlawful or prohibited by these Terms.

b. Harass, threaten, defame, or otherwise infringe or violate the rights of any other party, including Podseeker staff, affiliates, and other users.

c. Publicly disparage, or make statements you know to be false or malicious about, the Service, Podseeker, or its employees, agents, or affiliates.

d. Use the Service to send unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," or any other form of duplicative or unsolicited messages.

e. Engage in any activity that is abusive, fraudulent, or interferes with or disrupts the Service or the servers and networks connected to the Service (including as described in Section 13, "Excessive Use").

f. Attempt to gain unauthorized access to the Service, other accounts, computer systems, or networks connected to the Service.

g. Violate the terms of service of any integrated third-party service (e.g., Google, Microsoft).

Violation of this section may result in the immediate suspension or termination of your account, at our sole discretion.

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7. Termination

a. Termination by You: You may terminate your account at any time by cancelling your Subscription and ceasing to use the Service.

b. Termination by Podseeker: We reserve the right to suspend or terminate your account and access to the Service, at our sole discretion, without notice or liability, for any reason, including but not limited to a breach of these Terms.

c. For Cause: If we terminate your account for a breach of these Terms (including but not limited to violations of Section 6, "User Conduct"), you will not be eligible for any refund of Subscription fees or other payments.

d. Effect of Termination: Upon termination, your right to use the Service will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

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8. Intellectual Property Rights

The Service and its original content, features, functionality, and the underlying database, software, and materials (excluding data you provide) are and will remain the exclusive property of Podseeker and its licensors. The Service is protected by copyright, trademark, and other laws of both the Republic of Singapore and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Podseeker.

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9. Disclaimer

The materials and services (including any third-party integrations, email tracking features, and purchased data) on Podseeker’s website are provided on an ‘as is’ basis. Podseeker makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, non-infringement of intellectual property or other violation of rights, or the availability, reliability, accuracy, security, or effectiveness of the service, any tracking data provided, or any integrated third-party services (like Gmail or Outlook).

Further, Podseeker does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials (including purchased data) or the service on its website or otherwise relating to such materials or on any sites linked to this site. Use of features relying on third-party integrations is at your own risk.

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10. Limitations

In no event shall Podseeker or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials or services on Podseeker’s website, including any damages arising from the use, non-availability, failure, or inaccuracies of integrated third-party services (such as the Gmail or Outlook integration) or associated tracking features, or the nature or accuracy of purchased data, even if Podseeker or a Podseeker authorised representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

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11. Accuracy of materials

‍The materials appearing on Podseeker’s website (including data offered for purchase) could include technical, typographical, or photographic errors. Podseeker does not warrant that any of the materials on its website are accurate, complete or current. Podseeker may make changes to the materials contained on its website at any time without notice. However Podseeker does not make any commitment to update the materials.

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12. Links

‍Podseeker has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Podseeker of the site. Use of any such linked website is at the user’s own risk.

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13. Excessive Use

‍Whilst we do have subscription plans that may be described as 'unlimited' regarding certain features (e.g., exports under a subscription), this does not permit excessive, automated, or abusive extraction of large portions of our proprietary database unrelated to typical usage patterns. If we determine, in our sole discretion, that a user's export activity or overall usage is 'unreasonably high' or intended to replicate significant parts of our database, we reserve the right to limit or block that user's access to the software or specific features. In cases where access is blocked due to such excessive use under a subscription plan, we may, at our discretion, refund the most recent subscription payment made by the user. This provision does not apply to Data Purchases as defined in Section 4, which are non-refundable.

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14. Modifications to Terms

Podseeker reserves the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect, which may be provided via email to the address associated with your account or through a prominent notice on our Service. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you must stop using the Service.

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15. Governing Law and Dispute Resolution

a. Governing Law: These terms and conditions are governed by and construed in accordance with the laws of the Republic of Singapore.

b. Dispute Resolution: You agree to irrevocably submit to the exclusive jurisdiction of the courts of Singapore to handle any dispute arising out of or relating to these Terms or the Service. [Optional but Recommended - consult a lawyer]Alternatively, for more protection, consider an arbitration clause like this: "Any dispute, controversy, or claim arising out of or relating to these Terms, or the breach, termination, or invalidity thereof, shall be settled by arbitration in accordance with the rules of the Singapore International Arbitration Centre (SIAC). The seat of arbitration shall be Singapore. The language of the arbitration shall be English."

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16. Indemnification

You agree to defend, indemnify, and hold harmless Podseeker and its licensee and licensors, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, or b) a breach of these Terms.

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17. General Provisions

a. Entire Agreement: These Terms constitute the entire agreement between you and Podseeker regarding our Service and supersede and replace any prior agreements we might have had between us regarding the Service.

b. Severability: If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.

c. 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 Podseeker’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.