Terms of Use

These Terms of Use ("Agreement") are a legal agreement between you ("User" or "you") and Tutu Studio LLC ("Company", "we", "us", or "our"), with offices at 1309 Coffeen Avenue STE 1200, Sheridan, Wyoming, USA, governing your use of PodVibe, our podcast listening, sync, and AI companion application and related services (the "Application" or "PodVibe").

IMPORTANT: By downloading, installing, accessing, or using PodVibe, you agree to be bound by this Agreement. If you do not agree, do not download, install, access, or use PodVibe.

1. License

Subject to your compliance with this Agreement, we grant you a limited, non-exclusive, non-transferable, revocable license to download, install, and use PodVibe for personal, non-commercial purposes on supported devices that you own or control, and as permitted by Apple app store usage rules.

PodVibe is licensed, not sold, to you. Tutu Studio LLC reserves all rights not expressly granted in this Agreement.

2. Accounts

Some features require an account. You are responsible for maintaining the confidentiality of your account credentials and for all activity under your account. You agree to provide accurate information and to notify us promptly of any unauthorized access or security issue.

3. Beta and Future Paid Features

The first public PodVibe beta is distributed through TestFlight for evaluation and feedback. PodVibe does not currently offer paid features in this beta unless a purchase option is explicitly presented inside the App or App Store flow.

We may offer optional paid features in the future. Any prices, billing periods, trial availability, renewal terms, and cancellation options will be shown before purchase in the applicable Apple purchase flow.

4. Refund Policy

If PodVibe offers paid features in the future, purchases made through the Apple App Store will be handled by Apple and subject to Apple's refund policies. If you encounter a technical issue that significantly affects your ability to use PodVibe, please contact us at support@podvibe.app and we will evaluate the issue and help where we can. Nothing in this Agreement limits any refund rights you may have under applicable law or store policies.

5. Podcast Content and AI Features

PodVibe helps you discover, organize, listen to, search, summarize, and interact with podcast content. Podcasts, episode artwork, descriptions, audio, feeds, and other third-party content remain the property and responsibility of their respective owners and publishers.

AI-generated summaries, transcripts, chapters, search results, and answers may be incomplete, inaccurate, delayed, or unavailable. You should use your own judgment before relying on AI-generated output. PodVibe is not intended for emergency, legal, medical, financial, or other high-stakes advice.

6. Restrictions

You shall not, and you agree not to enable others to:

• Copy, modify, redistribute, sublicense, sell, rent, lease, lend, or commercially exploit PodVibe or its services except as expressly allowed by us.
• Reverse engineer, decompile, disassemble, attempt to derive source code from, or create derivative works from PodVibe, except to the extent such restrictions are prohibited by law.
• Use PodVibe to infringe, misappropriate, or violate the rights of others.
• Use PodVibe in a manner that violates applicable laws, regulations, app store rules, or podcast publisher terms.
• Attempt to disrupt, bypass, abuse, scrape, overload, or gain unauthorized access to PodVibe, our systems, access controls, or third-party services.
• Remove, obscure, or alter proprietary notices, labels, or attribution.

Any attempt to violate these restrictions may result in immediate termination of your rights under this Agreement and may subject you to legal liability.

7. Ownership

PodVibe, including its software, design, interfaces, features, documentation, trademarks, and associated intellectual property, is and will remain the exclusive property of Tutu Studio LLC or its licensors. This Agreement does not convey any ownership interest in PodVibe or related intellectual property to you.

8. Privacy

Your use of PodVibe is subject to our Privacy Policy. By using PodVibe, you consent to our collection, use, and sharing of information as described in the Privacy Policy.

9. Third-Party Services

PodVibe may depend on third-party services, including app stores, authentication providers, hosting providers, podcast feeds, AI and transcription providers, diagnostics tools, and email delivery providers. We are not responsible for third-party services, content, policies, or availability, except as required by applicable law.

10. Modifications to PodVibe

We may update, modify, suspend, or discontinue PodVibe or any feature, content, access tier, or service associated with it, temporarily or permanently, with or without notice, subject to applicable law and store requirements.

11. Termination

This Agreement remains effective until terminated. Your rights under this Agreement will automatically terminate without notice if you fail to comply with its terms. Upon termination, you must cease all use of PodVibe and delete copies in your possession or control. We may suspend or terminate access to accounts or services where necessary to protect PodVibe, other users, third parties, or our rights.

12. No Warranties

THE APPLICATION IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TUTU STUDIO LLC DOES NOT WARRANT THAT PODVIBE WILL BE ERROR-FREE, UNINTERRUPTED, SECURE, OR THAT AI-GENERATED OUTPUT WILL BE ACCURATE OR COMPLETE.

13. Limitation of Liability

TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL TUTU STUDIO LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, OR LICENSORS BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, SUBSCRIPTION INTERRUPTION, OR ANY OTHER DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE PODVIBE, REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

14. Indemnification

You agree to indemnify and hold harmless Tutu Studio LLC and its affiliates, officers, directors, agents, and employees from and against any claims, liabilities, damages, losses, costs, expenses, or fees, including reasonable attorneys' fees, arising out of or relating to your violation of this Agreement, your use of PodVibe, or your misuse of podcast content or third-party services.

15. Governing Law

This Agreement is governed by and construed in accordance with the laws of the State of Texas, USA, without regard to its conflicts of law principles. You agree to submit to the exclusive jurisdiction of the courts located in Travis County, Texas, except where applicable law requires otherwise.

16. Changes to Terms

We may update this Agreement periodically. Modifications will be effective when posted on our website, within PodVibe, or as otherwise stated. Continued use of PodVibe after changes become effective constitutes your acceptance of the updated terms.

17. Severability

If any provision of this Agreement is held unenforceable, the remaining provisions will remain valid and enforceable.

18. Entire Agreement

This Agreement, together with the Privacy Policy and any purchase terms presented during a transaction, constitutes the entire understanding between you and Tutu Studio LLC concerning PodVibe and supersedes any prior agreements regarding the Application.

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