Last updated: January 2025
(1) These Terms of Service (ToS) apply to all contracts between C&P Apps Michael Knochen, Colliser Str. 11, 07546 Gera, Germany (hereinafter "Provider") and the user (hereinafter "Customer") regarding the use of the platform "Podcastify" (hereinafter "Service").
(2) Deviating, conflicting, or supplementary terms of the Customer shall only become part of the contract if and to the extent that the Provider has expressly agreed to their validity in writing.
(1) The Provider provides the Customer with a web-based platform for AI-powered podcast creation.
(2) The services include:
(1) Use of the Service requires registration. The Customer must provide truthful information and keep it up to date.
(2) By registering, the Customer makes an offer to conclude a usage agreement. The contract is concluded when the Provider confirms the registration by activating the account.
(3) The minimum age for use is 18 years. Minors require the consent of a legal guardian.
(1) Use of the Service is based on a credit system. Credits are a virtual currency required to create podcasts.
(2) Upon registration, the Customer receives 3 free credits. Additionally, each active user receives 1 free credit daily.
(3) Credits can be purchased in the following packages:
(4) Credit consumption depends on the selected voice provider and podcast length:
(5) Purchased credits do not expire and can be used indefinitely.
(6) Refunds for already purchased credits are excluded, unless the Service can no longer be provided permanently.
(1) Payment is processed through the payment service provider Stripe. By making a payment, the Customer accepts Stripe's terms of use.
(2) The invoice amount is due immediately. Credits are credited immediately upon successful payment.
(3) In case of payment default, the Provider is entitled to block use of the Service until full payment is made.
(1) The Customer receives a simple, non-exclusive, temporally unlimited right of use for all purposes, including commercial use, to the podcasts created with the Service.
(2) The Customer is solely responsible for the content of their podcasts. They guarantee that the inputs used do not infringe any third-party rights.
(3) The Provider reserves the right to analyze created podcasts anonymously for quality assurance and improvement purposes.
The Customer agrees not to use the Service for:
In case of violations, the Provider is entitled to suspend or delete the account.
(1) The Provider strives for uninterrupted availability of the Service. However, there is no entitlement to a specific availability.
(2) Maintenance work will be announced whenever possible. Short-term maintenance without announcement is permissible.
(3) The Provider is not liable for outages caused by force majeure, disruptions at third-party providers (OpenAI, ElevenLabs, Google), or other circumstances beyond their control.
(1) The Provider is liable without limitation for damages arising from injury to life, body, or health, as well as for intent and gross negligence.
(2) In cases of slight negligence, the Provider is only liable for breach of essential contractual obligations. In this case, liability is limited to the foreseeable, typically occurring damage.
(3) The Provider is not liable for the quality of AI services provided by third parties (OpenAI, ElevenLabs, Google).
(4) The Provider is not liable for legal violations caused by the Customer through the created content.
(1) The Customer may delete their account at any time without giving reasons. Unused credits will be forfeited without compensation.
(2) The Provider may terminate the contractual relationship with a notice period of 14 days. In case of contractual violations by the Customer, extraordinary termination without notice is possible.
(3) Upon account deletion, all stored data and podcasts are irrevocably deleted. Recovery is not possible.
(1) The Provider reserves the right to change these Terms of Service if required for legal reasons or to improve the Service.
(2) Changes will be communicated to the Customer by email. They are deemed approved if the Customer does not object within 4 weeks of receiving the notification.
(1) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods.
(2) The place of jurisdiction for all disputes is Gera, provided the Customer is a merchant or has no general place of jurisdiction in Germany.
(3) Should individual provisions of these Terms of Service be invalid, the validity of the remaining provisions shall remain unaffected.