These terms (the “Acast Terms”) constitute a legal agreement between you and Acast AB ("Acast", “Us” or “We”) and are the terms upon which We, at our discretion, permit you to access and use the Acast application (the “App”), regardless of whether you create an account in the App or not, and all associated information or content accessible through, or in conjunction with, the App (“Content”), subject, in the case of certain content, to payment of an applicable charge, as further described in Section 4 of the Acast Terms.
The Acast Terms also apply to you who use the Acast+ Service, and thus have entered into a membership subscription agreement for Premium Content Offers (as defined below), as described in Section 5 of the Acast Terms, and to any communications between you and Us, and software which We make available to you via the App (“Acast Software”) or at any website where the Acast Embed Player is used. References in these terms to “Services” means the App, the Embed Player, the Content, the Acast+ Service and/or the Acast Software.
1. INFORMATION ABOUT US
We are Acast AB (organisation number 556946-8498), a company registered in Sweden whose principal place of business is Kungsgatan 28, 111 35 Stockholm, Sweden.
2. IMPORTANT NOTICE
When you download the App from the relevant app store (“App Store”), you are acknowledging that you have read, understand and accept the Acast Terms.
When you use the Embed Player at acast.com or at any other website you visit, you are acknowledging that you have read, understand and accept the Acast Terms.
If you do not agree to the Acast Terms, We will not license the Services to you, you must stop using the Services, and you must stop using and/or uninstall the Acast Software from your devices by following the method appropriate to your particular device.
Section 13 of the Acast Terms includes a limitation on our liability to you.
3. YOUR DEVICES
You must ensure you have all necessary rights to access the Services from, and/or download to, or use the Acast Software on, the device(s) you use for these acts (“Device”). Charges, such as mobile phone data charges, may be applied by service providers for internet access on such Devices.
4. IN-APP PURCHASES
You may download the App free of charge. You may use some Content free of charge, but you acknowledge that certain additional premium Content may be only applicable to subscribers of this premium Content for which there will be a specified fee which you will pay, by way of an in-app purchase (“In-App Purchases”).
If you purchase any premium Content through In-App Purchases, then the App Store provider’s terms and conditions (sometimes referred to as an “EULA”) applicable to in-app purchases will apply. You acknowledge and agree any billing and transactions are handled by the App Store provider. You should contact the App Store provider directly if you have any payment related issues with In-App Purchases.
The use of a voucher code or promotion code which you may acquire and use for the purposes of the App may be subject to other terms.
5. The Acast+ Service
5.1 Service description
By signing up for a membership subscription agreement with Us for the Acast+ Service, you will receive podcast content and additional content or products related thereto, such as bonus material, ad-free or sponsorship-free episodes, early access to episodes and other related offers ("Premium Content Offers") provided by podcaster ("Podcasters") that are using the Acast+ Service.
This Section 5 apply to you who have entered into one or several membership subscription agreement(s) with Us with respect to Premium Content Offers made available within the Acast+ Service.
5.2 User account
In order to use the Acast+ Service, you need to register an account for the use of the Acast+ Service in the App or on our website. Your account will include information regarding all on-going membership subscription agreement(s), price, tier, start and end date of the membership subscription agreement(s), payments etc. and in your user account, you will be able to change tiers and terminate a membership subscription agreement(s).
5.3 Prices and payment
In order to access the Premium Content Offers made available by Podcasters via the Acast+ Service, you will need to add your payment card details, or select any other available payment method, as instructed, and pay the fees associated with the applicable subscription. The fee is always payable in advance, and may be recurring monthly, quarterly, yearly or as otherwise specifically indicated, or may be a one-time payment, as decided by the Podcaster and as described in relation to the applicable Premium Content Offer.
The fee, payment terms (including frequency) and other terms and conditions relating to the applicable Premium Content Offer will be presented to you in connection with your order for the subscription to the applicable Premium Content Offer, before you make the payment.
Recurring payments (subscriptions) will be withdrawn from your registered credit card (or other applicable payment method) in advance and upon the renewal date of the subscription.
Failure to make full payment of the fees may result in the suspension of your access to the Acast+ Service until the outstanding amounts are paid. Repeated occurrence of overdue payments may result in a complete termination of your user account.
Depending on your location, some banks and credit card providers may also charge transaction fees. Acast does not control this charge. Please contact your bank for further information.
5.4 Communication with Podcasters and changes
In connection with the entry of a membership subscription agreement, you may consent to (i) the transfer of your personal data from Us to the Podcaster offering the applicable Premium Content Offer, and (ii) to receive electronic marketing and other information from such Podcaster. Acast will only transfer your personal data to a Podcaster if and to the extent you have provided your consent to such transfer.
You acknowledge that the specific terms and conditions in relation to a Premium Content Offer are provided by the applicable Podcaster, and any changes to such specific terms and conditions will be communicated to you in advance, either by us or by the Podcaster directly. If you do not accept such changes, you may immediately terminate the applicable membership subscription agreement by giving notice of this.
You may delete your account and stop use the Acast+ Service at any time and for any reason. In such case, your rights and obligations under the Acast Terms will also terminate except for such obligations of yours that have arisen as a consequence of your use of the Acast+ Service before the deletion of your account. For the avoidance of doubt, any fees already paid will not be refunded.
6. PERSONAL INFORMATION
We are not responsible for the privacy practices of any third-party applications, websites or services that we link to in our Services. You should ensure you read their privacy policies carefully before using these third-party applications, websites or services.
7. YOUR RIGHTS TO USE THE SERVICES
In exchange for you complying with the Acast Terms, We grant you, at our discretion, the right to: access and use the App and/or Embed Player; and download or stream a copy of the Acast Software and any Content onto your Device and to view, use and display the Acast Software and any Content on your Device(s).
You acknowledge that your use of the Services grants you no rights in or to the Services or any of our intellectual property rights (including copyright, trademarks and patents) other than the right to use the Services in accordance with the Acast Terms. We do not sell the App or Acast Software to you.
8. ACCEPTABLE USE OF THE SERVICES
To the extent that this functionality is available, you acknowledge that the Services may enable you to communicate with other users of our Services and post messages, personal information, images, text and other material (“User Content”) which can be seen by others.
You agree that in using the Services, including in relation to any User Content, you will not:
- disseminate any content which is defamatory, obscene, or may have the effect of being harassing, threatening or abusive to an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability; or
- create spam messages; or
- distribute viruses or any other technologies that may harm Us or the interests of any other users of the Services, or otherwise interfere with or disrupt our systems; or
- advertise or promote third party or your own products or services including by way of the distribution of ‘spam’ email.
By posting or making available any User Content via our Services, or by sending any User Content to Us, you are promising Us that you have the right and all necessary approvals to use such User Content and that We can use it in any media without any payment or obligation to you or anyone else. You further promise Us that the availability or publishing of any such User Content as part of our Services will not cause Us to infringe the rights of any third party or to be in breach of any applicable law or regulation. You agree to compensate Us for any losses We suffer as a direct result of any breach by you of any of the promises made by you in this Section 8.
We may remove any User Content which we reasonably consider does not comply with the Acast Terms. Any use of any User Content on the App is not a recommendation or representation by Us and you should not rely on its accuracy. Any such reliance is done so at your own risk.
9. RESTRICTIONS ON YOUR USE OF THE SERVICES
- not to copy the Services (or any part of any of them);
- not to make alterations to, or modifications of, the whole or any part of the Services, or permit the Services or any part of any of them to be combined with, or become incorporated in, any other programs;
- not to do anything which may disrupt, damage, or impair our Services (or any part thereof), or prevent other users from using any part of our Services;
- not to deliberately exploit any bugs you find in our Services;
- not to use the Services for any purpose other than your personal use; and
- not to use our Services for any illegal or unlawful purpose.
10. ENDING YOUR USE OF OUR SERVICES
You can simply choose to stop using the Services and remove the Acast Software from your Device(s) at any time. You can also choose to delete your account from your account settings in the Apps. If you choose to delete your account, you are still allowed to use a limited part of the Acast Services.
You may need to create an account with Us to login and access or use the Acast Software or certain features of the App and in connection with the use of the Acast+ Service. Your account is personal to you and may not be transferred to or shared with others.
You are responsible for keeping your account and login details secure and are responsible for all activities that are carried out under them. You should choose a strong, unique password, which you do not disclose to anyone else or use with any other service. We will not be responsible for any losses suffered by you in circumstances where your account is used by someone else, unless this is caused by our negligence.
You warrant that any and all user information provided by you to Acast in connection with creating an account is true and correct and that, when necessary, you will update your user information so that it remains true and correct at all times.
12. CONTENT AND THIRD-PARTY LINKS
You acknowledge that We are not responsible for the accuracy of the Content that is uploaded to the App and that reliance on such Content is expressly at your own risk. We accept no liability for direct or consequential loss arising as a result of the accuracy, timeliness, completeness or usefulness of information available on or through the App.
The Services may contain links to third party websites or services which are not operated or controlled by Us. You acknowledge and agree that We are not responsible for and do not endorse their content or its accuracy and such services may be subject to their own terms and conditions.
Any arrangement made between you and any third party named on the App is at your sole risk and responsibility.
13. YOUR LEGAL RIGHTS AND THE LIMITS ON OUR LIABILITY TO YOU
We accept liability for death or personal injury caused by our negligence or that of our employees and agents. We do not seek to exclude liability for fraudulent misrepresentation by Us or Our employees or agents.
If We breach the Acast Terms, We shall only be liable for losses which are a reasonably foreseeable consequence of such a breach. Losses are foreseeable where they could be contemplated by You and Us at the time of entering into these Acast Terms.
We are not responsible for: (i) losses not caused by our breach; (ii) indirect losses which are a side effect of the main loss or damage and which are not reasonably foreseeable by you and Us at the time of entering into the Acast Terms, for example loss of profits or loss of opportunity; (iii) any loss arising as a result of the accuracy, timeliness, completeness or usefulness of any information in any Content on the App; or (iv) failure to provide the Services or to meet any of our obligations under the Acast Terms where such failure is due to events beyond our control (for example a network failure).
You have certain rights under the law. These include that We will provide the Services with reasonable care and skill. Nothing in the Acast Terms (including in this section 13) is intended to or will affect your statutory rights.
Other than as set out above Our total liability to you for any loss or damage arising in connection with the Acast Terms shall be limited to £100.00.
14. Right to withdrawal
You have the right to cancel any Services agreement that you have entered in to with Us within fourteen days without giving any reason. The withdrawal period begins when the Services agreement is concluded. To exercise your right of withdrawal, you must give us notice of your wish to cancel the Services agreement. Such notice may be given by using the withdrawal form issued by the Swedish Consumer Agency (Sw. Konsumentverket). The withdrawal form can be found here: http://publikationer.konsumentverket.se/kontrakt-och-mallar/angerblankett.]
In the event that you cancel a Services agreement, we will reimburse you for any payments that we have received from you, without undue delay, and no later than fourteen days from the date when we received your notice of cancellation. Any amounts to be repaid will be repaid by use of the same means of payment as you used in the original transaction, unless expressly agreed otherwise with you.
We may charge you a reasonable compensation for the Services already performed by Us prior to the receipt of your notice of cancellation.
If you breach the Acast Terms, then (without limiting any other remedy We may have), We may at our sole discretion, disable, partially disable, modify, or delete any or all of your accounts, block your IP address or Device from accessing our Services or in any other lawful way partially or fully restrict your access to any of our Services. This shall not limit our right to take any other action against You that We consider appropriate to defend our rights or those of any other person.
16. AVAILABILITY OF SERVICES
Whilst We use reasonable efforts to provide a reliable service and software, We do not guarantee that the App or our Acast Software will be available 100% of the time.
We want to continually improve our Services and so We reserve the right to alter the App and Acast Software at any time, including adding, removing or changing features (which may advantage or disadvantage you).
17. PUSH NOTIFICATIONS
The App may offer push notification features. You can turn these off by visiting the settings menu on your Device.
18. CHANGES TO THE ACAST TERMS
You agree that We may update or amend the Acast Terms to reflect updates to our Services and/or as a result of legal or regulatory changes. We will give you reasonable notice of any changes to the Acast Terms, and your continued use of the App, the Embed Player or Acast Software will signify your agreement to those changes.
19. RIGHTS OF THE THIRD PARTIES
The Acast Terms are not intended to give rights to anyone except you and Us, except as stated otherwise below.
When accessing the App through the iTunes App Store or Mac Store
Acknowledgement: You acknowledge that the Acast Terms are concluded between you and Us, and not with Apple, Inc. You acknowledge that your use of the App is subject to the iTunes usage rules as set out at http://www.apple.com/legal/internet-services/itunes/us/terms.html (the “iTunes Usage Rules”) (which you acknowledge you have had the opportunity to review) and in the event of a conflict between these Acast Terms and the iTunes Usage Rules, the iTunes Usage Rules shall take precedence.
Scope of Licence: Your licence to use the Services is limited to use of the Services on an Apple device that you own or control and as permitted in accordance with iTunes Usage Rules.
Maintenance and Support: Apple, Inc. has no obligation whatsoever to furnish any maintenance and support services with respect to the App.
Warranty: To the maximum extent permitted by applicable law, Apple, Inc. will have no warranty obligation whatsoever with respect to the App.
Product Claims: We acknowledge that We, not Apple, Inc. are responsible for addressing any claims you or any third party may have relating to the App or your possession and/or use of that App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. Our liability to you is not limited beyond what is permitted by applicable law.
Intellectual Property Rights: In the event of any third party claim that the App or your possession and use of that App infringes any third party’s intellectual property rights, We, and not Apple, Inc. will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
Legal Compliance: You represent and warrant 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) you are not listed on any U.S. Government list of prohibited or restricted parties.
Third Party Beneficiary: Apple, Inc. and its subsidiaries, are third party beneficiaries of the Acast Terms, and that, upon your acceptance of the Acast Terms, Apple, Inc. will have the right (and will be deemed to have accepted the right) to enforce the Acast Terms against you as a third party beneficiary thereof.
When accessing the App through the GooglePlay Marketplace
You acknowledge that your use of the App is subject to the Google Play terms of service, as set out at https://play.google.com/intl/en-GB_uk/about/play-terms.html (the “Google Play Marketplace Terms”).
When accessing the App through any other App Store
You acknowledge that your use of the App may be subject to the terms of service of any relevant App Store through which you access the App.
When accessing the Embed Player through acast.com
When accessing the Embed Player through any other website
You acknowledge that We may transfer our rights under the Acast Terms (and any related claims) to any third party without having to obtain your prior consent. Such transfer will be regulated according to applicable laws.
21. NO WAIVER OF LEGAL RIGHTS
If you breach the Acast Terms and We take no action against you, We will still be entitled to use our rights and remedies in any other situation where you breach the Acast Terms.
These Terms shall be governed by and construed in accordance with the laws of Sweden without regard to its conflict of laws principles, unless otherwise provided by mandatory law in the law of the country the consumer lives in.
We will do Our best to resolve any disputes over these Acast Terms.
If We are unable to resolve any disputes between you and Us about these Acast Terms, you have the right to refer the dispute to the EU’s Online Dispute Resolution platform at https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage
If you are a consumer in Sweden, any dispute arising out of or in connection with your order of Services or these Terms may be referred to the Swedish National Board of Consumer Disputes (ARN), Box 174, 101 23 Stockholm, www.arn.se.
23. CONTACT DETAILS
If you have any questions, complaints or comments about Us or our services then please contact Us by email using firstname.lastname@example.org, or in writing, by post, to Acast AB, Kungsgatan 28, 111 35 Stockholm, Sweden.