Terms of Service

Acceptance of Terms

By accessing or using Prodcast Studio ("Prodcast," "we," "us," or "the Platform"), you agree to be bound by these Terms of Service. If you do not agree to these terms, you may not use the Platform.

We reserve the right to modify these Terms at any time. We will provide at least 14 days' notice of material changes via email or in-app notification. Changes become effective upon the date specified in the notice. Continued use of the Platform after the effective date constitutes acceptance of the modified Terms. If you do not agree to the modified Terms, you must stop using the Platform before the effective date.

Eligibility

You must be at least 18 years of age to use this Platform. By using Prodcast, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into these Terms.

Content Takedown Policy (DMCA)

Prodcast respects the intellectual property rights of others and complies with the Digital Millennium Copyright Act (DMCA).

Filing a Takedown Notice

If you are a copyright owner or authorized agent and believe content on our Platform infringes your copyright, submit a DMCA takedown notice through our in-app contact feature with the following information:

• Identification of the copyrighted work claimed to be infringed
• Identification of the infringing material and its location on the Platform
• Your contact information (name, address, email, phone)
• A statement that you have a good faith belief the use is not authorized by the copyright owner, its agent, or the law
• A statement under penalty of perjury that the information in your notice is accurate and that you are the copyright owner or authorized to act on their behalf
• Your physical or electronic signature

Counter-Notification

If you believe your content was removed in error, you may submit a counter-notification through our in-app contact feature including:

• Identification of the removed material and its prior location
• A statement under penalty of perjury that you have a good faith belief the material was removed by mistake or misidentification
• Your name, address, and phone number
• A statement consenting to jurisdiction in Orange County, Florida and that you will accept service of process from the complaining party
• Your physical or electronic signature

Upon receiving a valid counter-notification, Prodcast may restore the content within 10-14 business days unless the copyright owner initiates legal action.

Payment Terms

Our platform utilizes Stripe for payment management. By making a purchase or subscription on our platform, you agree to be bound by Stripe's terms of service. You agree to provide current, complete, and accurate purchase and account information for all purchases made via our platform.

Creator Bonus Program

Service Relationship

By uploading or connecting podcast content to Prodcast, you ("Creator") grant Prodcast the right to index, catalog, and generate affiliate links for product mentions extracted from your content. All affiliate links generated by the Platform are the exclusive property of Prodcast Studio Inc. and may only be used within Prodcast-hosted pages as described in the Affiliate Link Restrictions section. This grant does not restrict your ability to independently monetize your content through your own affiliate relationships outside the Platform.

Payment Structure

In consideration for providing high-quality source material that enables our AI indexing service, Prodcast pays you a Creator Bonus calculated based on the commercial performance of your indexed content.

This Creator Bonus is a service fee for metadata creation and is NOT a direct commission split or revenue share from third-party merchant networks. Prodcast Studio Inc. is the sole party responsible for all merchant network commercial relationships. You do not have any direct relationship with our merchant partners.

Affiliate Link Restrictions

All affiliate and commercial links generated by the Platform must remain exclusively within the Prodcast-hosted bridge pages. You are prohibited from extracting, copying, or redirecting these links for use on your own websites, social media profiles, or any other third-party platforms. "Extracting" includes, but is not limited to: copying link URLs, using browser developer tools to identify underlying affiliate parameters, or recreating affiliate links outside the Platform. Prodcast remains the sole affiliate of record for all transactions generated through the Platform.

Monitoring & Auditing

Prodcast reserves the right to monitor link usage and audit traffic sources at any time to ensure compliance with these Terms. You agree to cooperate with any such audit and provide information regarding the source of traffic to Prodcast-hosted pages upon request.

Failure to comply with these directions may result in account suspension or closure. For first-time violations, Prodcast may provide a 7-day cure period following written notice. Failure to remedy the violation within this period, or subsequent violations, may result in immediate account termination and forfeiture of pending Creator Bonuses and account credits.

Bonus Tiers

Creator Bonuses are calculated according to your subscription tier:

• Free Tier: 10% Creator Bonus
• Verified Tier: 50% Creator Bonus
• Pro Tier: 75% Creator Bonus
• Enterprise (BYOK): 0% Creator Bonus (you maintain your own merchant accounts and receive 100% of revenue directly from networks)

Your bonus percentage applies to the net revenue Prodcast receives from merchant networks after validation, returns, and chargebacks.

Payment Terms

• Minimum Payout Threshold: $25.00 USD
• Payment Method: All bonuses are paid via Stripe Connect to your linked bank account
• Payment Schedule: Monthly, subject to merchant network validation periods
• Validation Period: Merchant networks typically require 30-60 days to validate transactions. Your bonus payment occurs after Prodcast receives validated revenue.
• Payment Timing: Expect to receive bonuses approximately 60-90 days after the end of the month in which the activity occurred.

Withholding Rights

Prodcast reserves the right to withhold bonus payments if:

• Pending merchant network validations have not completed
• Your Stripe Connect account information is incomplete or invalid
• Required tax documentation (W-9 or W-8BEN) is missing or failed IRS verification
• Your account is under investigation for policy violations
• Chargebacks, returns, or fraud flags affect the underlying transactions

Invalid Traffic & Clawback Policy

You agree not to engage in fraudulent or manipulative behavior including but not limited to:

• Self-clicking commercial links generated from your own content
• Extracting or using affiliate links outside of Prodcast-hosted bridge pages
• Incentivizing fraudulent purchases or traffic
• Using bots, scripts, or automated tools to generate artificial engagement
• Cookie stuffing or other deceptive practices
• Violating any merchant network's terms of service

If a merchant network rejects, reverses, or claws back revenue due to policy violations attributable to your content or audience behavior, Prodcast reserves the right to:

• Withhold future Creator Bonuses
• Deduct clawed-back amounts from pending bonuses
• Suspend or terminate your account (which may result in immediate account closure)
• Seek recovery of previously paid bonuses in cases of fraud or intentional misconduct

Content License

By uploading or connecting podcast content, you grant Prodcast a non-exclusive, worldwide, royalty-free license to:

• Transcribe and index your podcast content
• Extract product mentions and create searchable metadata
• Generate monetized links from detected products
• Display your podcast name, episode titles, and excerpts on the Platform
• Use your content for Platform marketing (with attribution)

This license continues for 90 days after account termination to allow for merchant validation periods. You retain all ownership rights to your original content.

Enterprise & Custom Agreements

For users on Enterprise plans or those with custom negotiated agreements ("Enterprise Agreements"), specific terms regarding fee structures, revenue sharing, merchant network keys (BYOK), and service levels may vary from these standard Terms of Service.

Superseding Terms

In the event of a conflict between these Terms of Service and a valid, executed Enterprise Agreement, the terms of the Enterprise Agreement shall control to the extent of the conflict. All other provisions of these Terms remain in full force and effect.

Custom Arrangements

Enterprise arrangements may include custom configurations such as:

• Hybrid Monetization: Flexible combinations of Prodcast-managed merchant keys and Creator-owned keys (BYOK).
• Custom Financial Terms: Bespoke revenue sharing models, flat service fees, or performance-based bonus structures that differ from standard tiers.
• Service Level Agreements: Specific commitments regarding platform uptime, support priority, or feature availability.

Limitation of Liability

No Revenue Guarantees

Prodcast makes no guarantees regarding the amount of Creator Bonuses you may earn. Earnings depend on multiple factors including audience engagement, merchant network policies, and valid transaction completion. Past performance is not indicative of future results.

Merchant Network Changes

We are not liable for changes to merchant network terms, fee structures, or program discontinuations. If a merchant partner changes their policy or terminates their relationship with Prodcast, your potential bonuses may be affected immediately and without prior notice.

Maximum Liability

To the maximum extent permitted by law, Prodcast's total liability to you for any claims arising from or related to these Terms or your use of the Platform shall not exceed:

• For Paid Tiers: The total Creator Bonuses paid to you in the 12 months preceding the claim
• For Free Tier: One hundred U.S. Dollars ($100.00 USD)

Exclusion of Damages

In no event shall Prodcast be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, use, goodwill, or other intangible losses, resulting from your access to or use of or inability to access or use the Platform.

Tax Reporting & Compliance

US-Based Creators

If you are a US-based Creator and earn $600.00 or more in Creator Bonuses during a calendar year, Prodcast will issue IRS Form 1099-NEC (Nonemployee Compensation) by January 31 of the following year.

Your Responsibilities:

• Provide accurate tax information via Stripe Connect onboarding (W-9 form)
• Report bonus income on your federal tax return (typically Schedule C)
• Pay self-employment taxes (Creator Bonuses are self-employment income subject to ~15.3% tax)
• Make estimated quarterly tax payments if required
• Maintain records for at least 7 years

Independent Contractor Status: You are an independent contractor, NOT an employee. Prodcast does not withhold income taxes or pay employer-side payroll taxes.

International (Non-US) Creators

If you are not a US person, you must complete IRS Form W-8BEN during Stripe Connect onboarding. Creator Bonuses may be subject to 30% US withholding tax unless your country has a tax treaty with the United States.

Backup Withholding

If your Tax Identification Number fails IRS verification, Prodcast is required by law to implement backup withholding at a rate of 24% of all bonus payments.

Not Tax Advice

Prodcast does not provide tax, legal, or financial advice. You are strongly encouraged to consult with a qualified tax professional regarding your specific obligations.

Merchant Network Partners

This platform collaborates with various merchant network partners to monetize product metadata.

When listeners discover products through your indexed content on Prodcast, you earn a Creator Bonus based on your tier.

YouTube Integration

By connecting your YouTube account, you agree to comply with the YouTube Terms of Service (available at https://www.youtube.com/t/terms).

Prodcast reserves the right to remove your access to the OAuth usage at any time for any reason.

Account Termination

Termination by You

You may cancel your Prodcast subscription at any time. Upon cancellation:

• You retain 100% of all confirmed Creator Bonuses paid prior to cancellation
• Pending bonuses continue to be processed according to normal validation timelines (30-90 days)
• Your indexed content remains live for 90 days to allow merchant validation, then is removed
• No refunds are provided for partial months

Termination by Prodcast

Prodcast reserves the right to suspend or terminate your account (which may result in immediate account closure) if:

• You violate these Terms of Service
• You extract or use affiliate links outside of Prodcast-hosted pages
• Your content violates merchant network policies
• You engage in fraudulent or manipulative practices
• Your account incurs excessive chargebacks or returns
• You harass or abuse Prodcast staff or other users

Upon termination by Prodcast for policy violations, pending bonuses and account credits may be withheld or forfeited entirely. Subscription fees are non-refundable.

Governing Law & Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of Florida, without regard to conflict of law principles. Any dispute arising from or relating to these Terms or your use of the Platform shall be resolved exclusively through binding arbitration administered by the American Arbitration Association in Orange County, Florida. You agree to waive any right to participate in a class action lawsuit or class-wide arbitration against Prodcast. For claims under $10,000, arbitration may be conducted online or by phone. The arbitrator's decision shall be final and binding.

Notwithstanding the foregoing, Prodcast may seek injunctive relief in any court of competent jurisdiction to protect its intellectual property rights.

Warranty Disclaimer

THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. PRODCAST DOES NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE. YOUR USE OF THE PLATFORM IS AT YOUR SOLE RISK.

Indemnification

You agree to indemnify, defend, and hold harmless Prodcast Studio Inc., its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Platform; (b) your violation of these Terms; (c) your content or any claims that your content infringes third-party rights; or (d) your violation of any applicable law or merchant network policy.

Severability

If any provision of these Terms is found to be unenforceable or invalid by a court of competent jurisdiction, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

Privacy

Your use of the Platform is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy to understand how we collect, use, and protect your information.

Contact Us

If you have any questions about these Terms, wish to file a DMCA notice, or need to report a policy violation, please use the contact feature within the Prodcast application.