PodLume Terms of Use

These Terms of Use ("Terms") govern your access to and use of the PodLume iPhone app, the PodLume website at podlume.ai, related web applications, and associated services (collectively, the "Services") provided by PodMAX AI Inc. ("PodLume," "we," "our," or "us"). By creating an account or using the Services, you agree to these Terms.

1. Eligibility

You must be at least 13 years old to use the Services. By agreeing to these Terms, you represent that you meet this requirement. If you are under 18, you represent that your parent or legal guardian has reviewed and agrees to these Terms on your behalf.

2. Accounts

To access most features, you must create an account using an email address, Sign in with Apple, or Google sign-in. You are responsible for maintaining the confidentiality of your credentials and for all activity under your account. You agree to notify us promptly of any unauthorized use.

You may delete your account at any time from within the app. Deleting your account permanently removes your data and cancels any active subscriptions. This action cannot be undone.

3. Subscriptions and Billing

PodLume offers free and paid subscription plans. Paid plans are billed as auto-renewable subscriptions through Apple's App Store or via the web through Stripe.

• Auto-renewable subscriptions. When you subscribe through the App Store, payment is charged to your Apple ID account at confirmation of purchase. Subscriptions automatically renew at the end of each billing period (monthly) unless you cancel at least 24 hours before the end of the current period.
• Managing and canceling. You can manage or cancel your subscription in your Apple ID account settings or through the app. Cancellation takes effect at the end of the current billing period; you retain access until then.
• Price changes. Subscription prices may change. We will notify you in advance of any price increase, and you will have the opportunity to cancel before the new price takes effect.
• Free trial. If a free trial is offered, it converts to a paid subscription at the end of the trial period unless you cancel beforehand.

4. What Subscriptions Include

Each paid subscription tier provides access to enhanced features during the subscription period. Specific quotas -- such as the number of show subscriptions, ad-hoc episode processing, highlights, and AI agent queries -- vary by plan and are displayed on the subscription screen in the app and on our website.

Certain capabilities such as playback, transcript access, and exports are provided without strict per-unit limits on paid plans but are subject to the Fair Use Policy below. We reserve the right to adjust fair-use thresholds at any time with reasonable notice.

5. Fair Use Policy

Features described as "unlimited" or provided without a stated cap are intended for normal, individual, non-commercial use. You agree not to use these features in a manner that is disproportionate to typical individual usage, including but not limited to:

• automated or scripted bulk downloading, processing, or exporting of content;
• sharing account credentials to allow multiple people to use a single subscription; or
• sustained usage patterns that place unreasonable load on our infrastructure.

If we determine that your usage materially exceeds normal individual patterns, we may contact you to discuss your usage, apply reasonable limits, or, in extreme cases, suspend access to the affected features. We will make reasonable efforts to notify you before taking action.

6. Acceptable Use

You agree not to:

• use the Services for any unlawful purpose or in violation of any applicable law;
• attempt to gain unauthorized access to any part of the Services, other accounts, or related systems;
• interfere with or disrupt the integrity or performance of the Services;
• use automated means to access the Services except as expressly permitted;
• reverse engineer, decompile, or disassemble any part of the Services;
• use the Services to transmit harmful, abusive, or objectionable content; or
• circumvent any usage limits, access controls, or security measures.

7. Intellectual Property

The Services, including the app, website, design, code, and documentation, are owned by PodMAX AI Inc. and protected by intellectual property laws. You retain ownership of content you create (such as highlights, notes, and agent queries), but you grant us a limited license to use that content as necessary to provide and improve the Services.

Podcast content available through the Services is owned by its respective creators and publishers. PodLume does not claim ownership of third-party podcast content.

8. Privacy

Your use of the Services is also governed by our Privacy Policy, which describes how we collect, use, and share information.

9. Disclaimers

The Services are provided "as is" and "as available" without warranties of any kind, whether express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Services will be uninterrupted, error-free, or secure.

Transcripts, entity extraction, and AI-generated content are produced using automated systems and may contain errors. They are provided for informational purposes and should not be relied upon as authoritative.

PodMAX AI Inc. is solely responsible for any product warranties applicable to the PodLume iPhone app, whether express or implied by law, to the extent not effectively disclaimed. Additional warranty terms applicable to users who obtain the PodLume iPhone app through Apple's App Store are set forth in Section 15 below.

10. Limitation of Liability

To the maximum extent permitted by law, PodMAX AI Inc. will not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of data, revenue, or profits, arising out of or related to your use of the Services, regardless of the theory of liability. Our total liability for any claim arising under these Terms will not exceed the amount you paid us in the twelve months preceding the claim.

11. Termination

You may stop using the Services and delete your account at any time. We may suspend or terminate your access if you violate these Terms or if we discontinue the Services. Upon termination, your right to use the Services ceases, and we may delete your data in accordance with our Privacy Policy.

12. Changes to These Terms

We may update these Terms from time to time. If we make material changes, we will update the "Last updated" date on this page and may notify you through the Services. Your continued use of the Services after changes are posted constitutes acceptance of the updated Terms.

13. Governing Law

These Terms are governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions.

14. Contact Us

If you have questions about these Terms, contact us at:

PodMAX AI Inc.
3960 Lynn Valley Rd.
North Vancouver, BC V7K 2S9
Canada
Phone: 604-315-6514
Email: info@podlume.ai

15. Apple App Store Additional Terms

The following additional terms (the "Apple Terms") apply to your use of the PodLume iPhone app (the "Licensed Application") obtained through Apple's App Store. In the event of a conflict between this Section 15 and any other provision of these Terms with respect to the Licensed Application, this Section 15 controls.

• Acknowledgement. You and PodMAX AI Inc. acknowledge that these Terms are concluded between you and PodMAX AI Inc. only, and not with Apple Inc. ("Apple"), and that PodMAX AI Inc., not Apple, is solely responsible for the Licensed Application and the content thereof. These Terms do not provide for usage rules for the Licensed Application that conflict with the Apple Media Services Terms and Conditions in effect as of the date you accept these Terms.
• Scope of License. The license granted to you for the Licensed Application is a non-transferable license to use the Licensed Application on any Apple-branded products that you own or control and as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions, except that the Licensed Application may also be accessed and used by other accounts associated with the purchaser via Family Sharing or volume purchasing.
• Maintenance and Support. PodMAX AI Inc. is solely responsible for providing any maintenance and support services with respect to the Licensed Application as specified in these Terms or as required under applicable law. You and PodMAX AI Inc. acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Licensed Application.
• Warranty. PodMAX AI Inc. is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the Licensed Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Licensed Application to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Licensed Application, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be PodMAX AI Inc.'s sole responsibility.
• Product Claims. You and PodMAX AI Inc. acknowledge that PodMAX AI Inc., not Apple, is responsible for addressing any claims by you or any third party relating to the Licensed Application or your possession and/or use of the Licensed Application, including but not limited to: (i) product liability claims; (ii) any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation.
• Intellectual Property Rights. You and PodMAX AI Inc. acknowledge that, in the event of any third-party claim that the Licensed Application or your possession and use of the Licensed Application infringes that third party's intellectual property rights, PodMAX AI Inc., not Apple, 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.
• Developer Contact Information. Any questions, complaints, or claims with respect to the Licensed Application should be directed to PodMAX AI Inc. at the contact information set forth in Section 14 above.
• Third-Party Terms of Agreement. You agree to comply with all applicable third-party terms of agreement when using the Licensed Application (for example, your wireless data service agreement).
• Third-Party Beneficiary. You and PodMAX AI Inc. acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of these Terms with respect to the Licensed Application, and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.