Podimo terms and conditions of use

1. INTRODUCTION

Hi and Welcome to Podimo!

Please take time to read these terms and conditions of use for the Podimo Service and any terms and policies that they reference (jointly “Podimo Terms”). The Podimo Terms are a legally binding agreement between the consumer that makes the order (“You”) and the seller Podimo ApS, contact, registration number: 40447024 ("Podimo") and cover Your access to and use of the personalized service for podcasts and other content, related software applications and all the content and other material offered on the service by Podimo from time to time (jointly “Podimo Service”).

You acknowledge that the Podimo Service is only available to individuals who (i) are 18 years or older, or between 13 and 18 years old and have parental consent, (ii) have the power to entire into a binding agreement with Podimo, and are not barred from doing so under any applicable law, (iii) are a resident of a country in which the Podimo Service is available, and (iv) use the Podimo Service for private non-commercial use.

By accepting the Podimo Terms and/or accessing or using the Podimo Service, you acknowledge that you have entered into an agreement with Podimo and represent and warrant that you meet the above requirements.  

2. CHANGES TO THE PODIMO TERMS

Podimo may occasionally make changes to the Podimo Terms for valid reasons such as changed functionality and development of the Podimo Service, implementing new technology and ensuring legal compliance. When material changes are made, Podimo will notify and/or seek your agreement as appropriate. If You are notified, Your continued use of the Podimo Service will constitute Your acceptance of the changed terms. Please do not continue to use the Podimo Service if You do not agree to the changed terms. If You would like to terminate Your Podimo account due to changed terms, please email us at hello@podimo.com and request termination of Your account or go to Your settings and delete your Account. If you are on a trial or paid subscription through a third party, You must cancel through the relevant third party.

3. THE PODIMO SERVICE

3.1 Your Podimo Account

In order to use the Podimo Service, You will have to create a password protected account (“Podimo Account”). You represent and warrant that all information You provide to Podimo is accurate and correct, and that You will keep the information up to date. You agree not to share Your Podimo Account or password and that You are solely responsible for all activity that occurs on Your Podimo Account (including any unauthorized use). If You believe there has been any unauthorized access or use of Your Podimo Account, You must notify Podimo immediately and change Your password as soon as possible. Podimo will not be responsible for any activities on Your Podimo Account unless it has been caused by Podimo’s negligence.

3.2 Membership and Payment

When You use the Podimo Service, You will have access to some content, features and functionality for free. However, You acknowledge that in order to have access to certain exclusive content, features and functionality (as applicable) (“Membership”), You will have to pay a specified subscription fee for a Podimo membership.

You may purchase a membership subscription directly from Podimo using the payment options available in your market from time to time, or through a third party such as the Apple App Store. When You purchase a membership subscription through a third party, the terms and conditions of that third party will apply. The Podimo Service is delivered, and You will have access to the content, immediately after signup. Podimo is not responsible for fees or penalties charged to You by Your bank or credit card company in connection with processing Your payment. By subscribing to a membership, You authorize Podimo or the applicable third party to automatically charge Your payment method monthly or otherwise in accordance with the terms of the subscription You purchased for the then applicable membership subscription fee. YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW AT THE END OF THE APPLICABLE SUBSCRIPTION PERIOD. IF YOU DO NOT WANT AUTOMATIC RENEWAL, YOU HAVE TO CANCEL YOUR SUBSCRIPTION PRIOR TO THE END OF THE THEN APPLICABLE SUBSCRIPTION PERIOD. Your cancellation will be effective on the first day immediately following the end of the then current membership subscription period for which You have paid. If You purchased Your membership subscription directly from Podimo, You can cancel Your subscription in Your account settings. If You have purchased Your membership subscription from a third party, You must cancel through that third party.

Podimo reserves the right to make changes to a membership subscription, including recurring subscription fees or pre-paid periods from time to time. Podimo will inform You in advance of such price changes and, if applicable, how to accept them. Price changes will take effect at the start of the next subscription period following the date of the price change. Subject to applicable law, You accept the new price by continued use of Your membership after the price change takes effect. If You do not agree to a price change, You may reject the price change by unsubscribing Your membership prior to the change taking effect.

3.3 Trials

Podimo may offer trials to a membership for a specified period without payment or at a reduced rate (a “Trial”). Podimo reserves the right to determine Your eligibility for a Trial and revoke or modify a Trial at any time without prior notice with no liability to You to the greatest extent permitted under applicable law.

For some Trials, You will be required to provide Your payment details to start the Trial. By providing such details You acknowledge that Podimo may automatically begin charging You for a membership subscription on the first day following the end of the Trial on a recurring monthly basis or other interval (as applicable) provided that this was stated in the conditions for the Trial. IF YOU DON’T WANT THIS CHARGE, YOU MUST CANCEL THE APPLICABLE SUBSCRIPTION BEFORE THE END OF THE TRIAL IN YOUR ACCOUNTS SETTINGS, OR IF YOU SIGNED UP FOR THE TRIAL THROUGH A THIRD PARTY, THROUGH THE THIRD PARTY. 

4. YOUR USE OF THE PODIMO SERVICE

The Podimo Service and all intellectual property rights associated with it is the property of Podimo or Podimo’s licensors. Without limiting the foregoing, Podimo grants You a limited, non-exclusive, revocable, non-transferrable, non-sublicensable right to access and use the Podimo Service solely for Your personal and non-commercial entertainment and use. You accepts and agrees that You may not redistribute or transfer the Podimo Service or its content.

You acknowledge that You may only use the Podimo Service in the countries where Podimo offers the Podimo Service, and that the content on the Podimo Service may vary based on Your geographical location. You further acknowledge that except for the rights expressly granted to You in these Podimo Terms, Podimo grants no rights, title or interest to You in the Podimo Service or its content.

5. RIGHTS YOU GRANT PODIMO

In consideration for the rights Podimo grants to You under these Podimo Terms, You accept and agree that Podimo has a right to provide advertising and other information to You. You also accept and agree that content made available by Podimo may contain advertising as a part of the content (e.g. podcasts) and that Podimo makes such content available to You unmodified via the Podimo Service.

6. FEEDBACK AND UNSOLICITED IDEAS

If You provide feedback, ideas, or suggestions to Podimo in connection with the Podimo Service or content generally (“Feedback”), You acknowledge that the Feedback is not confidential and that Podimo has a right to use that Feedback without restriction and without payment to You.

You also acknowledge that Podimo does not accept unsolicited ideas or materials for content on the Podimo Service, and that Podimo is not responsible if the content included on the Podimo Service is similar to ideas or materials that You have submitted to Podimo. You waive any claims against Podimo and Podimo’s licensors in connection with the use of similar ideas or materials.

7. SERVICE LIMITATIONS AND MODIFICATIONS

Podimo will make reasonable efforts to keep the Podimo Service operational. Notwithstanding the foregoing, Podimo reserves the right to modify or discontinue the Podimo Service or functions or features thereof temporarily or permanently without liability to You to the fullest extent permitted by law. Podimo will give You advance notice where possible. If You have prepaid fees to Podimo for a membership, and the membership is permanently discontinued prior to the end of the pre-paid period, Podimo will refund You the prepaid fees for that prepaid period after such discontinuation. You understand and accept that the content on the Podimo Service will vary from time to time, and that Podimo and the owners of any content may from time to time remove content from the Podimo Service without notice to You.

You are responsible for using a functioning device to use the App, Webplayer or other device compatible with the Podimo Service. You are also responsible for any data traffic costs. 

8. THIRD PARTY RIGHTS

You accept and agree that the Podimo Terms do not grant any rights to anyone except You and Podimo, and that the Podimo Terms shall in no event create any third party beneficiary rights with the following exception.

If You access or use the Podimo Service via a software application that You have downloaded from the Apple Inc. (Apple) App Store or that runs on an iOS operating system (“Podimo iOS App”), You confirm that You have read, understood and agree to the following in relation to Apple.

• The Podimo Terms are between You and Podimo only, and not with Apple.

• Apple is not responsible for the Podimo Service and its content.

• Apple has no obligation to provide any maintenance and support services with respect to the Podimo iOS App. If You have any maintenance or support questions in relation to the Podimo iOS App, please contact Podimo and not Apple.

• The Podimo iOS App may only be accessed and used on a device owned or controlled by You and using Apple’s iOS operating system.

• In the event of any failure of the Podimo iOS App to conform to any applicable warranty, You may notify Apple and Apple will refund any applicable purchase price for the application (if any) to You. Subject to the foregoing, and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the Podimo iOS App. 

• Except as expressly set forth in these Podimo Terms, and to the maximum extent permitted by applicable law, Apple is not responsible for addressing any claims by You or any third party relating to the possession or use of the Podimo iOS App.

• In the event of any third party claim that the Podimo iOS App or Your possession and use of the Podimo iOS App infringes any third party’s intellectual property rights, Podimo, and not Apple will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.

• Apple and its subsidiaries are third party beneficiaries of the Podimo Terms, and when You accept the Podimo Terms You accept and agree that Apple will have a right to enforce the Podimo Terms against You as a third party beneficiary.

• You warrant and represent that (i) You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and (ii) that You are not listed on any U.S. Government list of prohibited or restricted parties.

When accessing a Podimo application through any other App Store than the Apple App Store, You accept and agree that Your use of the relevant Podimo application may be subject to the terms of service or any relevant app store terms.

9. CONTENT AND THIRD PARTY LINKS

You accept and agree that Podimo is not responsible for information in the content on the Podimo Service (e.g. podcasts), and reliance on such information is expressly at Your own risk. Podimo accepts no liability for direct or consequential loss arising as a result of the accuracy, timeliness, completeness or usefulness of information available through content on the Podimo Service.

The Podimo Service may contain links to third party websites or services (“Third Party Services”). These Third Party Services are not controlled by Podimo, and Podimo takes no responsibility for their content and separate third party terms may govern Your use of these Third Party Services.

10. PERSONAL DATA

Your use of the Podimo Service is subject to Podimo’s Privacy Policy, which is available here.

11. EXPORT CONTROL

You agree not to export, re-export, resell, ship, divert, or cause to be exported, re-exported, resold, shipped, or diverted directly or indirectly any regulated material, including technical data, to any country for which the U.S. government, any government agency or any other sovereign government, requires an export license or other governmental approval without first obtaining the required license or approval.

12. TERM AND TERMINATION

These Podimo Terms will continue until terminated by You or Podimo. You may terminate the Podimo Terms by emailing Podimo on hello@podimo.com and request that Your Podimo Account is closed, or by simply deleting Your account in Your account settings and by ceasing all other access to and use of the Podimo Service. Podimo may pause, suspend or terminate Your access to the Podimo Service or any part thereof at our discretion including but not limited to if You have violated the Podimo Terms. You have a statutory right to withdraw within 14 days of signing up to the Podimo Service, and you may exercise this right by making a statement clearly expressing your intent to exercise your right of withdrawal here. However, you acknowledge that if you have signed in to the Podimo Service, and thereby accessing the digital content, You have forfeited Your right of withdrawal.   All terms of these Podimo Terms that should survive a termination by their nature, will survive and these terms include but are not limited to the following sections: Introduction, The Podimo Service, Your use of the Podimo Service, Rights You Grant Podimo, Feedback and Unsolicited Ideas, Service Limitations and Modifications, Third Party Rights, Content and Third Party Links, Personal Data, Export Control, Term and Termination, Entire Agreement, Assignment, Indemnity, Warranty Disclaimer, Governing Law and Jurisdiction, Class Action Waiver.

13. ENTIRE AGREEMENT

With the exception of what is stated below in this section, these Podimo Terms and any terms and policies that they refer to constitute all of the terms and conditions agreed between You and Podimo and supersedes any prior agreements in relation to the subject matter of the Podimo Terms.

Please note that certain offers to access and use the Podimo Service may be governed by additional terms. This includes but is not limited to access and use of the Podimo Service as a result of a free trial, gift card or together with other products or services. When You are presented with such an offer You will also be presented with and asked to accept any related additional terms that are applicable. To the extent that there is a conflict between these Podimo Terms and such additional terms, the additional terms shall prevail.

14. ASSIGNMENT

Podimo may assign and delegate any of its rights and obligations under the Podimo Terms in whole or in part.

15. INDEMNITY

You agree to indemnify and hold Podimo harmless from and against all damages, losses and expenses of any kind (including reasonable legal fees and costs) arising out of or related to (i) Your breach of the Podimo Terms, (ii) any activity You engage in on or through the Podimo Service, and (iii) Your violation of any law or the right of a third party. 

16. WARRANTY DISCLAIMER

YOU ACCESS AND USE THE PODIMO SERVICE AT YOUR OWN RISK. YOU ACCEPT AND AGREE THAT THE PODIMO APP, THE PODIMO SERVICE AND ALL ITS CONTENT IS PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, PODIMO DISCLAIM ALL WARRANTIES OF ANY KIND, WHEATHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. PODIMO DOES NOT REPRESENT OR WARRANT THAT THE PODIMO APP AND/OR THE PODIMO SERVICE, OR YOUR ACCESS TO OUR USE THEREOF WILL BE SECURE, RELIABLE, ACCURATE, UNINTERRUPTED ERROR-FREE OR FREE OF VIRUSES, MALWARE OR OTHER HARMFUL COMPONENTS, OR WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

PODIMO MAKES NO REPRESENTATION OR WARRANTIES ABOUT THE QUALITY OF YOUR LISTENING EXPERIENCE, WHICH MAY VARY DEPENDING ON YOUR DEVICE, INTERNET CONNECTION, LOCATION OR BANDWIDTH. PODIMO IS NOT RESPONSIBLE FOR ANY INTERNET OR CELLULAR DATA ACCESS CHARGES.

YOU ACCEPT AND AGREE THAT BY USING OR ACCESSING THE PODIMO SERVICE YOU MAY BE EXPOSED TO, AND AGREE THAT, PODIMO IS NOT RESPONSIBLE FOR YOUR EXPOSURE TO CONTENT THAT YOU MAY FIND OFFENSIVE, INDECENT, INACCURATE, MISLEADING OR OTHERWISE OBJECTIONABLE.

PODIMO IS NOT RESPONSIBLE FOR ANY THIRD PARTY SOFTWARE, SERVICES, WEBSITES, LINKS OR APPLICATIONS WHICH ARE LINKED TO, REFERENCED IN OR INTEGRATED WITH THE PODIMO APP AND/OR THE PODIMO SERVICE.

THE ABOVE WORDING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

17. GOVERNING LAW AND JURISDICTION

The Podimo Terms, and all disputes or claims (“Disputes”) between You and Podimo relating to the Podimo Terms, the Podimo Service or the content provided via the Podimo Service, are governed by and construed exclusively in accordance with the laws of Denmark without regard to conflict of law principles. The City Court of Copenhagen shall have exclusive jurisdiction of all Disputes, notwithstanding the The European Commission’s Online Dispute Resolution (ODR) platform (available to you on this link) as well as your local out of court body for consumer dispute resolution (searchable on this link). 18. LIMITATION OF LIABILITY

YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE PODIMO SERVICE, INCLUDING BUT NOT LIMITED TO PROBLEMS OR DISSATISFACTIONS RELATING TO THE CONTENT MADE AVAILABLE ON THE PODIMO SERVICE, IS TO UNINSTALL AND TO STOP USING THE PODIMO SERVICE AND RELATED SOFTWARE APPLICATIONS. 

IN ANY EVENT, YOU ACCEPT AND AGREE THAT IN NO EVENT SHALL PODIMO, ITS OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, DIRECTORS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, SUPPLIERS, OR LICENSORS

(I) BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE PODIMO SERVICE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND IRRESPECTIVE OF IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE. 

(II) BE LIABLE FOR AN AGGREGATE LIABILITY EXCEEDING THE AMOUNTS PAID BY YOU TO PODIMO DURING THE 12-MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE CLAIM. 

(III) BE LIABLE FOR ANY CLAIM OR CAUSE OF ACTION YOU MAY HAVE ARISING OUT OF OR RELATING TO THE PODIMO TERMS OR THE PODIMO SERVICE THAT HAS NOT BEEN COMMENCED WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES AND YOU ACCEPT AND AGREE THAT ANY CAUSE OF ACTION THAT IS OLDER THAN ONE YEAR WILL BE PERMANENTLY BARRED.

THIS SECTION APPLIES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW AND YOU MAY HAVE RIGHTS IN YOUR JURISDICTION WHICH PROVIDES FOR REMEDIES IN ADDITION TO THOSE SET OUT ABOVE.

19. CLASS ACTION WAIVER

WHERE PERMITTED UNDER THE APPLICABLE LAW, YOU AND PODIMO AGREE TO BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. Unless both You and Podimo agree, no judge may consolidate individual claims or otherwise preside over any form of a representative or class proceeding. 

20. CONTACT INFORMATION

If You have any questions, complaints or comments to the Podimo Service, please contact Podimo by using this link, or in writing by mail to Podimo ApS, Gasværksvej 16, 4. sal, 1656 Copenhagen V, Denmark attention Customer Support.