Terms of Service

1. Acceptance

By creating a TalkPod account, by using TalkPod, or by completing a purchase through our checkout, you agree to these Terms, including the Acceptable Use Policy in section 4. These Terms govern TalkPod as one service, whether you use it on the web or in our iOS or Android apps.

You must be at least 13 years old to use TalkPod. If you are under the age of majority where you live, you confirm that a parent or guardian has reviewed and agreed to these Terms on your behalf.

2. Accounts

When you register, give us accurate information and keep it up to date. You are responsible for keeping your sign-in credentials secure and for activity that happens under your account. Tell us at hello@talkpod.io if you believe your account has been compromised.

We may suspend or close your account if you materially breach these Terms — in particular the Acceptable Use Policy — to the extent permitted by law. You can stop using TalkPod at any time, and you can request deletion of your account and associated data by contacting us at privacy@talkpod.io. How we handle your personal information, including on deletion, is described in our Privacy Policy, which is separate from these Terms.

3. Subscriptions and billing

TalkPod offers free features and paid subscriptions. Paid subscriptions come in two separate families: Premium, for listeners, and Creator plans, for podcasters. They are different products with different features and prices. The features, price, and any promotional pricing for a plan are those shown at checkout when you subscribe.

Where you buy matters. Subscriptions purchased on our website are processed by Stripe, and you can manage or cancel them in the billing portal in your account. Subscriptions purchased in our iOS app are processed by Apple through your App Store account, and subscriptions purchased in our Android app are processed by Google through your Google Play account. For purchases made through Apple or Google, billing, cancellation, and refunds are handled by that store under its terms, in your store account settings — we cannot directly refund a purchase made through the App Store or Google Play. This does not limit any right you have under consumer law (see section 8).

Auto-renewal.Your subscription renews automatically unless you cancel at least 24 hours before the end of the current period. If you cancel, you keep your subscription's features until the end of the period you have paid for.

Promotional pricing. We may offer promotional pricing from time to time. The promotional price, its duration, and any conditions are those displayed at checkout, and any promised duration or price lock shown at checkout will be honoured. Where a promotion is offered in connection with a free trial, you must subscribe before your own trial ends to receive it. Promotions may be limited in number or availability and may be withdrawn for new subscribers at any time.

Price changes. We may change subscription prices. A price change will not affect a period you have already paid for, and we will give you notice before a change applies to you. Prices are shown inclusive or exclusive of applicable taxes as indicated at checkout.

3a. Free trial (where offered)

We may offer a free trial of Premium — for example, by invitation from our waitlist. Where a trial is offered:

• The trial runs for 7 days and begins only when you choose to start it in the app. It never starts automatically.
• During the trial you get full Premium features. Use of Ask TalkPod during a trial is subject to the trial limit in the Current limits table in section 4.
• We do not collect a payment method for the trial, and you will not be charged when it ends. When your trial ends, your account simply returns to the free plan. You can subscribe at any time, before or after the trial ends.
• Trials are limited to one per account. We may allow exceptions at our discretion.

4. Acceptable Use Policy

This policy exists so that TalkPod stays fast, fair, and safe for everyone.

Fair use. Some features — including Ask TalkPod — are subject to limits, published below under Current limits. The Premium limits are an abuse backstop, not a target: almost no one reaches them in normal use. The free plan's Ask allowance is different in kind — it is the amount of Ask included at no cost, and it is meant to be used. The app shows you your usage as you approach a limit. Each limit resets on the cadence shown beside it: the free-plan Ask allowance resets at the start of each calendar month, and the Premium fair-use window is a rolling 30 days.

Prohibited conduct.You must not use TalkPod to break the law or to infringe anyone's rights, and you must not:

• post content that is unlawful, infringing, or that harasses, threatens, or defames others;
• impersonate any person or misrepresent your affiliation with anyone;
• send spam or post misleading content;
• scrape the service, access it by automated means, or use it to build a competing dataset or service;
• reverse engineer the service, probe or circumvent its security, or circumvent its limits, including the fair-use limits above;
• interfere with the operation of the service or other people's use of it.

Moderation. You can report content you believe breaks these rules — for example as spam, misleading, harmful, copyright infringement, or impersonation. Show owners can moderate the comments on their own shows. We may review and remove content, and we may act on reports, but we do not commit to review timelines and we do not proactively monitor all content. You can also block other users.

Enforcement. If we reasonably believe your use breaches this policy, we may throttle, review, or suspend your access to some or all features, or close your account, to the extent permitted by law.

5. Your content

You can submit content to TalkPod — today that means comments, and new features may let you submit other kinds of content in the future.

You own what you submit. By submitting content to the service, you grant TalkPod a worldwide, non-exclusive, royalty-free licence to host, store, reproduce, adapt for technical purposes (such as formatting and transcoding), display, and distribute that content for the purposes of operating, improving, and promoting the service. This licence ends when you delete the content or your account, except where the content has been shared with others and they have not deleted it, or where we are required to retain it by law.

You promise that you have the rights to the content you submit and that it does not infringe anyone else's rights. We may remove content that breaches these Terms.

New features may carry additional terms, which we will present to you when you first use the feature. Those additional terms, together with these Terms, govern your use of that feature.

6. Intellectual property

TalkPod — including our apps, website, software, design, and brand — belongs to TalkPod Pty Limited and its licensors. We grant you a limited, personal, non-transferable licence to use the service as these Terms allow. No other rights are granted.

Podcast content belongs to its creators and rights holders. TalkPod indexes and plays podcasts that their publishers have made publicly available via RSS. We do not claim ownership of any podcast. If you are a rights holder and believe content on TalkPod infringes your rights, contact us at hello@talkpod.io or use the in-app copyright report, and we will respond.

AI-generated material. Some material on TalkPod — including Ask TalkPod answers, episode summaries, and chapters — is generated by artificial intelligence from podcast content. It may be incomplete or inaccurate, and it is not a substitute for the podcast itself or for professional advice.

7. Disclaimers and liability

To the extent permitted by law, TalkPod is provided “as is”, and we do not warrant that the service will be uninterrupted, error-free, or always available.

To the extent permitted by law, we are not liable for: the content of third-party podcasts, which we do not control; inaccuracies in AI-generated material (see section 6); or loss caused by events outside our reasonable control.

To the extent permitted by law, our total liability to you in connection with the service is limited to the greater of the amounts you paid us in the 12 months before the event giving rise to the claim, and AUD $100; and we exclude liability for indirect or consequential loss.

Nothing in this section limits the rights described in section 8.

8. Consumer rights

Australian Consumer Law. Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy conferred on you by the Australian Consumer Law or any other applicable law that cannot lawfully be excluded, restricted, or modified. Where our liability for breach of a non-excludable guarantee can be limited, it is limited, at our option, to resupplying the service or paying the cost of resupply.

EU and UK. If you live in the European Union or the United Kingdom, you benefit from mandatory provisions of your local consumer law. Nothing in these Terms, including the choice of law in section 9, deprives you of the protection of those provisions.

Store purchases.If you purchased your subscription through the App Store or Google Play, you may also have refund rights under Apple's or Google's own policies, in addition to your rights under consumer law.

9. Governing law

These Terms are governed by the laws of New South Wales, Australia. You and we submit to the non-exclusive jurisdiction of the courts of New South Wales. This does not prevent you from relying on the mandatory consumer protection law of the place where you live (see section 8).

10. Changes to these Terms

We may amend these Terms from time to time — for example, when we launch new features, which may carry additional terms as described in section 5. If a change is material, we will give you notice before it takes effect, by email or in the app. Your continued use of TalkPod after a change takes effect constitutes acceptance of the amended Terms. If you do not agree to a change, stop using the service and, if you have a subscription, cancel it before the change takes effect.

Contact: hello@talkpod.io · TalkPod Pty Limited (ABN 67 698 909 938)