Last Updated: January 15, 2025
Welcome to PodBrain! These Terms of Service ("Terms") govern your access to and use of PodBrain's website, mobile application, and browser extension (collectively, the "Service"). By accessing or using the Service, you agree to be bound by these Terms.
By creating an account, accessing, or using PodBrain, you agree to these Terms and our Privacy Policy. If you do not agree, do not use the Service.
These Terms constitute a legally binding agreement between you and PodBrain. We may modify these Terms at any time, and your continued use of the Service constitutes acceptance of any changes.
You must be at least 13 years old to use the Service. If you are under 18, you must have permission from a parent or legal guardian. By using the Service, you represent that you meet these requirements.
To access certain features, you must create an account. You agree to:
You are solely responsible for maintaining the security of your account. PodBrain is not liable for any loss or damage from your failure to maintain account security.
PodBrain provides:
Free accounts include access to public transcripts with basic features and limited podcast notes.
Premium subscriptions provide:
You may cancel your subscription at any time through account settings. Upon cancellation:
We offer refunds within 7 days of initial purchase if you are not satisfied with the Service. Refund requests must be submitted to support@podbrain.app. Refunds are not available for renewals or after 7 days from initial purchase.
You may use the Service for lawful, personal, and non-commercial purposes.
You agree NOT to:
Violation of these terms may result in:
The Service, including its design, features, code, and branding, is owned by PodBrain and protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, or create derivative works without our written permission.
Transcripts are derived from publicly available YouTube videos and podcasts. Original content remains the property of the respective creators. Our AI-generated summaries, formatting, and organization are our intellectual property.
You retain ownership of content you create (highlights, notes, annotations). By using the Service, you grant PodBrain a worldwide, non-exclusive, royalty-free license to use, store, and display your content solely to provide the Service.
We respect intellectual property rights. If you believe your copyright has been infringed, contact us at copyright@podbrain.app with:
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ACCURACY.
We do not guarantee that the Service will be uninterrupted, secure, or error-free. We may modify, suspend, or discontinue the Service at any time without notice.
AI-generated summaries are provided for informational purposes only. We do not guarantee accuracy, completeness, or reliability. You should verify important information independently.
We are not responsible for the availability, content, or practices of third-party services (YouTube, podcast platforms, payment processors).
TO THE MAXIMUM EXTENT PERMITTED BY LAW, PODBRAIN AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR:
OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM, OR $100, WHICHEVER IS GREATER.
Some jurisdictions do not allow limitation of liability, so these limitations may not apply to you.
You agree to indemnify, defend, and hold harmless PodBrain and its affiliates from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from:
You may terminate your account at any time through account settings or by contacting support.
We may suspend or terminate your account immediately if you:
Upon termination:
Before filing a legal claim, you agree to contact us at support@podbrain.app to attempt to resolve the dispute informally. We will attempt to resolve disputes within 30 days.
If informal resolution fails, disputes will be resolved through binding arbitration rather than in court, except that you may assert claims in small claims court if your claims qualify.
Arbitration will be conducted by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. You and PodBrain agree to waive the right to a jury trial or to participate in a class action.
Either party may seek equitable relief in court for intellectual property infringement or unauthorized access to the Service.
These Terms are governed by the laws of the State of California, United States, without regard to conflict of law principles. You consent to the exclusive jurisdiction of courts in San Francisco County, California for any disputes not subject to arbitration.
We may update these Terms at any time. We will notify you of material changes by:
Continued use after changes constitutes acceptance of the updated Terms. If you do not agree, you must stop using the Service.
These Terms, together with our Privacy Policy, constitute the entire agreement between you and PodBrain.
If any provision is found invalid or unenforceable, the remaining provisions will remain in full effect.
Our failure to enforce any provision does not constitute a waiver of that provision or any other provision.
You may not assign or transfer these Terms without our written consent. We may assign these Terms without restriction.
We are not liable for delays or failures caused by circumstances beyond our reasonable control (natural disasters, strikes, war, pandemics, etc.).
We may send notices to the email address associated with your account. You agree that such notices satisfy any legal communication requirements.
If you have questions about these Terms, please contact us:
BY USING PODBRAIN, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE.
