1. Acceptance of 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.

2. Eligibility

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.

3. Account Registration

3.1 Account Creation

To access certain features, you must create an account. You agree to:

• Provide accurate, current, and complete information
• Maintain and update your information
• Keep your password secure and confidential
• Notify us immediately of any unauthorized access
• Accept responsibility for all activities under your account

3.2 Account Security

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.

4. Service Description

PodBrain provides:

• Transcript Access: Searchable transcripts of YouTube videos and podcasts
• AI-Generated Summaries: Key takeaways, quotes, and structured notes
• Personal Library: Save, organize, and highlight transcripts
• Chrome Extension: Capture transcripts while browsing YouTube
• Mobile App: Access your library on the go
• Search Functionality: Find content across all transcripts

5. Free and Subscription Services

5.1 Free Tier

Free accounts include access to public transcripts with basic features and limited podcast notes.

5.2 Subscription

Subscriptions provide:

• Unlimited access to all transcripts
• Unlimited podcast notes
• Priority support
• Early access to new features
• Export functionality (PDF, EPUB)

5.3 Pricing and Payment

• Subscription pricing is displayed on our pricing page
• Payments are processed securely through third-party payment processors
• All fees are in U.S. dollars unless otherwise stated
• You authorize us to charge your payment method on a recurring basis
• Prices may change with 30 days' notice to active subscribers

5.4 Billing and Renewal

• Subscriptions automatically renew unless canceled
• You will be charged at the beginning of each billing period
• Cancellation takes effect at the end of the current billing period
• No refunds for partial billing periods

5.5 Cancellation

You may cancel your subscription at any time through account settings. Upon cancellation:

• You retain access until the end of the current billing period
• Your account reverts to free tier after the billing period ends
• Saved transcripts and highlights are retained

5.6 Refunds

We offer refunds within 7 days of initial purchase if you are not satisfied with the Service. Refund requests must be submitted to [email protected]. Refunds are not available for renewals or after 7 days from initial purchase.

6. Acceptable Use

6.1 Permitted Use

You may use the Service for lawful, personal, and non-commercial purposes.

6.2 Prohibited Activities

You agree NOT to:

• Violate any laws, regulations, or third-party rights
• Share your account credentials with others
• Use automated systems (bots, scrapers) to access the Service
• Attempt to reverse engineer, decompile, or hack the Service
• Remove or modify copyright, trademark, or proprietary notices
• Republish, redistribute, or resell transcripts or summaries
• Use the Service to spam, harass, or harm others
• Interfere with or disrupt the Service or servers
• Access content you do not have authorization to view
• Circumvent access restrictions or payment systems
• Use the Service for competitive analysis or benchmarking
• Collect user information without consent

6.3 Consequences of Violation

Violation of these terms may result in:

• Immediate suspension or termination of your account
• Legal action and liability for damages
• Referral to law enforcement authorities

7. Intellectual Property

7.1 PodBrain Content

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.

7.2 Third-Party Content

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.

7.3 User Content

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.

7.4 Copyright Infringement

We respect intellectual property rights. If you believe your copyright has been infringed, contact us at [email protected] with:

• Description of the copyrighted work
• Location of the infringing material
• Your contact information
• A statement of good faith belief
• A statement of accuracy under penalty of perjury
• Your physical or electronic signature

8. Disclaimers and Warranties

8.1 "As Is" Service

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.

8.2 No Guarantee of Availability

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.

8.3 AI-Generated Content

AI-generated summaries are provided for informational purposes only. We do not guarantee accuracy, completeness, or reliability. You should verify important information independently.

8.4 Third-Party Services

We are not responsible for the availability, content, or practices of third-party services (YouTube, podcast platforms, payment processors).

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, PODBRAIN AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR:

• Indirect, incidental, special, consequential, or punitive damages
• Loss of profits, revenue, data, or business opportunities
• Service interruptions or data loss
• Third-party conduct or content
• Unauthorized access to or alteration of your data

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.

10. Indemnification

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:

• Your use of the Service
• Your violation of these Terms
• Your violation of any third-party rights
• Content you submit or create

11. Termination

11.1 By You

You may terminate your account at any time through account settings or by contacting support.

11.2 By PodBrain

We may suspend or terminate your account immediately if you:

• Violate these Terms
• Engage in fraudulent or illegal activity
• Fail to pay subscription fees
• Create risk or legal exposure for PodBrain

11.3 Effect of Termination

Upon termination:

• Your access to the Service ends immediately
• Your data may be deleted within 30 days (unless legally required to retain)
• You remain liable for any outstanding fees
• Sections of these Terms that should survive termination will continue to apply

12. Dispute Resolution

12.1 Informal Resolution

Before filing a legal claim, you agree to contact us at [email protected] to attempt to resolve the dispute informally. We will attempt to resolve disputes within 30 days.

12.2 Arbitration Agreement

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.

12.3 Exceptions

Either party may seek equitable relief in court for intellectual property infringement or unauthorized access to the Service.

13. Governing Law

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.

14. Changes to Terms

We may update these Terms at any time. We will notify you of material changes by:

• Posting the updated Terms with a new "Last Updated" date
• Sending an email notification (for significant changes)
• Displaying a notice in the Service

Continued use after changes constitutes acceptance of the updated Terms. If you do not agree, you must stop using the Service.

15. Miscellaneous

15.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and PodBrain.

15.2 Severability

If any provision is found invalid or unenforceable, the remaining provisions will remain in full effect.

15.3 No Waiver

Our failure to enforce any provision does not constitute a waiver of that provision or any other provision.

15.4 Assignment

You may not assign or transfer these Terms without our written consent. We may assign these Terms without restriction.

15.5 Force Majeure

We are not liable for delays or failures caused by circumstances beyond our reasonable control (natural disasters, strikes, war, pandemics, etc.).

15.6 Notices

We may send notices to the email address associated with your account. You agree that such notices satisfy any legal communication requirements.

16. Contact Information

If you have questions about these Terms, please contact us:

• Email: [email protected]
• Legal Inquiries: [email protected]
• Website: https://podbrain.app