Terms of Use

Last updated: [EFFECTIVE DATE — confirm at launch]

These Terms of Use (“Terms”) form a binding agreement between you and Daedally(“Podcust”, “we”, “us”) and govern your use of the Podcust website and service (the “Service”). By creating an account or using the Service, you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Service.

1. Eligibility

The Service is available only to individuals who are at least 18 years old and have the legal capacity to enter into a binding contract. By using the Service, you represent and warrant that you meet these requirements. The Service is not directed to and may not be used by anyone under 18.

2. Accounts

You are responsible for the information you provide, for activity under your account, and for keeping your credentials secure. Notify us promptly of any unauthorized use. We may suspend or terminate accounts that violate these Terms or that we reasonably believe create risk or legal exposure.

3. Credits and payments

• The Service uses prepaid credits. Credits may be granted as a promotional sign-up bonus or purchased in one-time credit packs priced in U.S. dollars through our payment processor, Stripe.
• Generating an episode consumes credits at the rate shown at the time of the request. Credits have no cash value, are not a deposit or stored-value instrument, are non-transferable, and are not redeemable for money except where required by law.
• Except where required by applicable consumer law, purchased credits are non-refundable once purchased, and credits already consumed to generate content are non-refundable. [CONFIRM REFUND TERMS WITH COUNSEL]
• If you are an EU/UK consumer, you may have a statutory right to withdraw from a purchase within 14 days; by requesting immediate delivery of digital content (credit generation), you may acknowledge that this right is lost once generation begins. [CONFIRM EU CONSUMER WITHDRAWAL HANDLING WITH COUNSEL]
• We may change pricing and credit rates prospectively. Taxes may apply and will be handled as indicated at checkout.

4. Acceptable use

You agree not to use the Service to create, upload, or share content or to take any action that:

• is unlawful, infringing, defamatory, deceptive, fraudulent, hateful, harassing, or that violates the rights or privacy of others;
• impersonates any person or entity, or replicates the voice, likeness, or identity of a real person without their clear authorization and all necessary rights;
• is sexually explicit, exploits or endangers minors, or is intended for or directed to anyone under 18;
• contains malware, attempts to disrupt or gain unauthorized access to the Service, or scrapes or harvests data except as expressly permitted;
• generates spam, misinformation presented as fact, or content that violates any applicable law or third-party terms.

5. AI-generated content

Episodes are produced using automated AI systems. AI output can be inaccurate, incomplete, outdated, or fabricated, and may not reflect real events or real people. The Service does not provide professional, legal, medical, financial, or other advice. You are solely responsible for reviewing generated content before relying on it or sharing it publicly, and for ensuring it complies with these Terms and applicable law.

6. Your content and licenses

You retain ownership of the original inputs you submit. You represent that you have the rights necessary to submit those inputs and to authorize the resulting use. You grant us a worldwide, non-exclusive, royalty-free license to host, store, process, reproduce, adapt, and display your inputs and the generated content as needed to operate, provide, secure, and improve the Service, including through the third-party processors described in our Privacy Policy. Content you publish may be viewed, played, saved, and reshared by other users through the Service’s features.

7. Our intellectual property

The Service, including its software, design, and branding, is owned by Daedally or its licensors and is protected by intellectual property laws. These Terms do not grant you any rights in the Service except as expressly stated.

8. Moderation and termination

We may review, remove, or restrict content and may suspend or terminate access at our discretion, including for violations of these Terms or to comply with law. You may stop using the Service and delete your account at any time. Provisions that by their nature should survive termination will survive.

9. Disclaimers

To the maximum extent permitted by law, the Service is provided “as is” and “as available” without warranties of any kind, whether express or implied, including merchantability, fitness for a particular purpose, accuracy, and non-infringement. This does not exclude warranties or rights that cannot be excluded under applicable law.

10. Limitation of liability

To the maximum extent permitted by law, Daedally will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for loss of profits, data, or goodwill, arising from or related to the Service. Our aggregate liability for any claim will not exceed the greater of the amounts you paid to us in the 12 months before the claim or USD 100. Some jurisdictions do not allow certain limitations, and mandatory consumer rights are not affected. [CONFIRM LIABILITY CAP WITH COUNSEL]

11. Indemnification

You agree to indemnify and hold harmless Daedally from claims and expenses arising out of your content, your use of the Service, or your violation of these Terms or applicable law, to the extent permitted by law.

12. Governing law and disputes

These Terms are governed by the laws of [GOVERNING LAW JURISDICTION], without regard to conflict-of-laws rules, and disputes will be resolved in the courts of [VENUE / DISPUTE FORUM], except where applicable law gives consumers the right to bring proceedings in their place of residence. Mandatory consumer-protection rights in your country of residence are not overridden by this section. [CONFIRM GOVERNING LAW, VENUE, AND ANY ARBITRATION/CLASS-WAIVER TERMS WITH COUNSEL]

13. Changes to these Terms

We may update these Terms from time to time. We will post the updated version with a revised “Last updated” date and, where required, provide additional notice. Continued use after changes take effect constitutes acceptance.

14. Contact

Daedally. Our registered business address is available on request. Questions about these Terms: mail@amoshaviv.com.