PODBEAN GENERAL TERMS OF USE

Podbean-general-TOU

Last Updated: March 18, 2026

These Podbean General Terms of Use (“General Terms”) are between Podbean Inc. (“Podbean”) and end users who use our website, apps and other services (“Services”) to interact with podcasts (e.g., to listen, view, share, rate, comment, etc.) and/or any end users who visit our website without opening a podcaster or advertiser account.

For Podcasters: If you use our Services to host, distribute, or manage a podcast, the Podbean Podcaster Master Terms apply to you in addition to these General Terms.

For Advertisers: If you use our Services to purchase, manage, or run advertisements, the Podbean Advertiser Terms apply to you in addition to these General Terms.

THESE TERMS REQUIRE USE OF BINDING INDIVIDUAL ARBITRATION TO RESOLVE DISPUTES RATHER THAN JURY TRIALS OR CLASS ACTIONS. BY USING THE SERVICES, YOU AGREE TO WAIVE YOUR RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION, AS FURTHER DESCRIBED IN SECTION 13 BELOW.

You must be at least 18 years old to use the Services. For information about how we collect, use and disclose personal information, please refer to our Privacy Policy.

1. License

Subject to your compliance with these General Terms, Podbean grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to access and use the Services and any of content, information and materials made available on the Services (“Content”) on your personal electronic devices, solely for your personal, non-commercial use. Use of the Services is subject to the Podbean Acceptable Use Policy at podbean.com/podbean-aup and all other policies or requirements that Podbean makes available to you (“Policies”).

2. Use of Services

You are solely responsible for your use of the Services, safeguarding usernames and passwords and all activity and payments owed under your account.

3. Third Party Content

You acknowledge that all third party Content (including podcasts and related materials) is the sole responsibility of the person from whom such Content originated. We do not control, monitor, endorse, sponsor or approve third party Content and do not guarantee the accuracy, integrity, or quality of such Content. You understand that by using the Services, you may be exposed to Content that is offensive, indecent, or objectionable. Under no circumstances will we be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content made available on or via the Services.

You acknowledge that some Content available on the Services may have been created, modified, or enhanced using artificial intelligence tools and features (“AI Features”), including AI-generated audio, AI-generated episode titles, show notes, chapters, and AI-generated scripts. Such AI-generated or AI-enhanced Content is the responsibility of the Podcaster or user who created or published it, and Podbean does not separately review, verify, or endorse AI-generated Content. Podbean makes no representations or warranties regarding the accuracy, completeness, originality, or non-infringement of any AI-generated Content. Your use of and reliance on any AI-generated Content is at your own risk.

4. Your Content

If you provide Podbean with any content such text, images and/or other material (“Your Content”), including by posting Your Content to or via the Services, the following sections apply. (For the avoidance of doubt, these sections do not apply to podcasts, which are covered by the Podbean Podcaster Master Terms.)

Your Content belongs to you (or to the relevant third parties). However, you grant Podbean the following non-exclusive license: a worldwide, transferable and sub-licensable right to use, copy, modify, create derivative works of, distribute, publish, translate and process Your Content, without any notice, compensation or further consent.

You acknowledge that other users may access and share Your Content on and off the Services, including on social media. You are solely responsible for Your Content. We do not make an initial review of Your Content and we are merely providing you a platform for online distribution and publication of Your Content. If you wish us to remove Your Content from the Services, please send an email to contact@podbean.com. Removal of Your Content is at our discretion. We reserve the right to remove Your Content at any time, for any reason or no reason.

If you use any AI tools (whether provided by Podbean or third parties) to generate, modify, or assist in creating Your Content (such as comments, ratings, reviews, or other submissions), you are solely responsible for the accuracy, legality, and appropriateness of such content. Podbean prohibits the use of AI tools to generate spam, fake reviews, misleading comments, or any content that violates the Acceptable Use Policy. Podbean reserves the right to remove AI-generated user content and suspend or terminate accounts that misuse AI tools to manipulate reviews, ratings, or community features.

5. Fees

Podbean may provide the ability to pay fees and make payments to obtain certain Content or to support Podcasters. Such charges are collected by our “Billing Service Provider,” which is currently Stripe. Stripe’s own legal terms also apply to such charges. All fees are stated in U.S. dollars (USD) and exclude applicable taxes, unless otherwise specified.

You will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date). You hereby authorize Podbean to bill you in accordance with the terms of your plan until you terminate your account, and you agree to pay any charges so incurred. Podbean reserves the right to modify fees at any time, with changes effective at the end of your current billing cycle. You will receive reasonable prior notice of any fee changes via email, and continued use after the change constitutes your agreement.

5.1 In-App Purchases and Premium Services

(a) Third-Party Billing. We may make certain products, premium services, or subscriptions available to Podcasters of the Podbean Application for a fee (“In-App Purchases”). If you choose to make an In-App Purchase via a Third-Party App Store (such as the Apple App Store or Google Play Store), the transaction will be processed and billed by that Third-Party App Store. You agree that all billing and transaction processes are handled by the Third-Party App Store in accordance with their specific terms of service and privacy policies. Podbean does not process these payments directly and does not have access to your credit card or billing information for these transactions.

(b) Taxes and Fees. The Third-Party App Store will charge your account the applicable fees for the In-App Purchases. Depending on your location, the Third-Party App Store may also charge you applicable sales tax, VAT, or GST, which is determined and collected by them, not Podbean.

(c) Automatic Renewal and Cancellation. If you purchase an auto-recurring periodic subscription (e.g., “Premium Membership” or Premium Content) through an In-App Purchase, your Third-Party App Store account will continue to be billed for the subscription at the end of each billing cycle until you cancel. To change or terminate your subscription, you must log in to your Third-Party App Store account (Apple ID or Google Account) and follow their specific instructions to cancel the subscription. Important: Deleting your Podbean member account or deleting the Podbean application from your device does not cancel your subscription. The Third-Party App Store will continue to charge you until you manually cancel the subscription through their platform settings. We are unable to cancel these subscriptions on your behalf.

(d) Refunds. Because In-App Purchases are processed by the Third-Party App Store, Podbean generally does not have the authority to issue refunds for these transactions. Any requests for refunds regarding In-App Purchases must be directed to the Apple App Store or Google Play Store support teams in accordance with their refund policies.

6. Affiliate Program Rules and Guidelines

For a detailed review of the Podbean Affiliate Program’s Rules and Guidelines, kindly click here. Please note that failure to comply with these rules may result in membership termination and the loss of any earned commissions.

7. Taxes

All fees and other amounts due under this Agreement are exclusive of sales, service, use, business and any similar taxes (collectively, “Transaction Taxes”). You shall self-assess any applicable Transaction Taxes to the extent required or allowed under applicable law. In the event that you do not self-assess any such Transaction Taxes, you shall indemnify and hold harmless Podbean against such Transaction Taxes and any applicable interest or penalties. If self-assessment is not required or allowed and Podbean is required to charge applicable Transaction Taxes to you, you shall pay to Podbean the total amount due. In the event that Podbean does not initially charge such Transaction Taxes but the relevant government authority determines that Podbean should have charged such Transaction Taxes, Podbean shall charge to you, and you shall pay to Podbean, any such Transaction Taxes as soon as practicable after such determination.

8. Closing Accounts, Termination, Cancellation

You may close your account at any time using the portal in the Services. Except at Podbean’s sole discretion, your account closure will not affect your obligations as to any amounts you owe. Podbean may terminate or suspend your account at any time upon notice, for any reason or no reason.

9. Disclaimers

PODBEAN DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME PODBEAN MAY REMOVE THE SERVICES FOR INDEFINITE PERIODS OF TIME, CANCEL THE SERVICES AT ANY TIME, OR OTHERWISE LIMIT OR DISABLE YOUR ACCESS TO THE SERVICES WITHOUT NOTICE TO YOU.

YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, OR ACTIVITY IN CONNECTION WITH THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES AND ALL CONTENT DELIVERED TO YOU THROUGH THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU.

YOU AGREE THAT UNLESS REQUIRED BY APPLICABLE LAW, PODBEAN HAS NO RESPONSIBILITY TO CONTINUE MAKING CONTENT AVAILABLE TO YOU THROUGH OUR SERVICES, AND PODBEAN WILL NOT BE LIABLE TO YOU IF CONTENT, INCLUDING PURCHASED CONTENT, BECOMES UNAVAILABLE FOR DOWNLOAD, REDOWNLOAD, OR STREAMING.

PODBEAN SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH THE SERVICES, BUT YOU AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND YOU HEREBY RELEASE PODBEAN FROM ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.

PODBEAN DOES NOT REPRESENT OR GUARANTEE THAT THE SERVICES WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION. YOU ARE RESPONSIBLE FOR BACKING UP YOUR OWN SYSTEMS, INCLUDING ANY CONTENT PURCHASED OR ACQUIRED THROUGH THE SERVICES.

PODBEAN IS NOT RESPONSIBLE FOR DATA CHARGES YOU MAY INCUR IN CONNECTION WITH YOUR USE OF THE SERVICES.

PODBEAN OFFERS AI-POWERED FEATURES TO PODCASTERS THAT MAY BE USED TO GENERATE, MODIFY, OR ENHANCE CONTENT AVAILABLE ON THE SERVICES, INCLUDING AUDIO, TEXT, METADATA, AND OTHER MATERIALS. PODBEAN DOES NOT WARRANT OR REPRESENT THAT ANY AI-GENERATED CONTENT IS ACCURATE, COMPLETE, ORIGINAL, NON-INFRINGING, OR FREE FROM ERRORS. AI-GENERATED CONTENT MAY CONTAIN INACCURACIES, BIASES, OR UNINTENDED OUTPUTS. YOU ACKNOWLEDGE THAT PODBEAN IS NOT THE AUTHOR OR PUBLISHER OF AI-GENERATED CONTENT AND THAT YOUR USE OF OR RELIANCE ON ANY SUCH CONTENT IS AT YOUR SOLE RISK. PODBEAN DISCLAIMS ALL LIABILITY ARISING FROM OR RELATED TO AI-GENERATED CONTENT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

LIMITATION OF DAMAGES; RELEASE

TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, IN NO CASE SHALL PODBEAN, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, OR CONTRACTORS (“PODBEAN PARTIES”) BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF ANY OF THE SERVICES OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES AND/OR CONTENT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY INJURY, LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY. BECAUSE SOME COUNTRIES, STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH COUNTRIES, STATES OR JURISDICTIONS, THE PODBEAN PARTIES’ LIABILITY SHALL BE LIMITED TO THE EXTENT SUCH LIMITATION IS PERMITTED BY LAW.

TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE THAT THE AGGREGATE LIABILITY OF THE PODBEAN PARTIES COLLECTIVELY FOR CLAIMS ARISING UNDER THESE TERMS OR RELATED TO THE SERVICES OR CONTENT SHALL BE LIMITED TO THE GREATER OR TEN DOLLARS (USD$10.00) OR THE AMOUNT PAID BY YOU TO PODBEAN IN THE 12 MONTHS PRIOR TO THE DATE THE CAUSE OF ACTION AROSE. THIS LIMITATION OF LIABILITY IS CUMULATIVE AND NOT PER-INCIDENT (I.E., THE EXISTENCE OF TWO OR MORE CLAIMS WILL NOT ENLARGE THIS LIMIT). THIS LIMITATION WILL NOT EXCLUDE LIABILITY FOR OUR WILLFUL MISCONDUCT OR GROSS NEGLIGENCE.

10. Indemnification

You will defend, indemnify and hold harmless Podbean, podcasters and their respective agents, affiliates, and licensors against all claims, liabilities, damages, losses, costs, fees (including reasonable attorneys’ fees and costs), and expenses relating to any third-party claim, allegation, investigation or legal proceeding to the extent arising out of or related to your breach of these General Terms, your violation of any law or third party rights or Your Content. Podcasters are intended third-party beneficiaries of this Section.

11. Changes

Podbean may make non-material changes to these General Terms at any time without notice and will make any material changes with advance notice. Changes will be posted at podbean.com/podbean-general-TOU. Your use of the Services following any changes will constitute your acceptance of such changes. If you do not wish to continue using the Services under the updated General Terms, you may stop using the Services and terminate your account. Podbean may terminate or suspend your ability to participate in the Services at any time.

12. Intellectual Property

You agree that the Services and the Content, including but not limited to graphics, user interface, audio clips, video clips, editorial content, and the scripts and software used to implement the Services, contain proprietary information and material that is owned by Podbean, its licensors and/or podcasters, and is protected by applicable intellectual property and other laws, including but not limited to copyright. You agree that you will not use such proprietary information or materials in any way whatsoever except for use of the Services for personal, noncommercial uses in compliance with these General Terms. No portion of the Content or Services may be transferred or reproduced in any form or by any means, except as expressly permitted by these General Terms. You agree not to modify, rent, loan, sell, share, or distribute the Services or Content in any manner, and you shall not exploit the Services in any manner not expressly authorized.

The Podbean name, the Podbean logo and other Podbean trademarks, service marks, graphics, and logos used in connection with the Services are trademarks or registered trademarks of Podbean in the U.S. and other countries throughout the world. You are granted no right or license with respect to any of the aforesaid trademarks.

The AI Features provided by Podbean, including the underlying algorithms, models, software, and interfaces, are proprietary to Podbean and/or its third-party AI service providers and are protected by intellectual property laws. You may not reverse-engineer, decompile, disassemble, or otherwise attempt to derive the source code or underlying technology of any AI Features. The output generated by AI Features for Podcasters is subject to the terms of the Podcaster Agreement Master Terms and does not confer any intellectual property rights on end users beyond the license granted in Section 1 of these General Terms.

13. Dispute Resolution Agreement

(A) Arbitration of disputes. Podbean and you agree to arbitrate all disputes and claims that arise out of or relate in any way to the Services or these General Terms. This agreement to arbitrate (“Dispute Resolution Agreement” or “Section 13”) is intended to be broadly interpreted and includes, for example: claims brought under any legal theory; claims that arose before you first accepted any version of these General Terms containing an arbitration provision; claims that may arise after the termination of your use of the Services; claims brought by or against Podbean, Podbean affiliates and the respective officers, directors, employees, agents, predecessors, successors, and assigns of these entities; and claims brought by or against you, the respective affiliates and parent companies of you, and the respective officers, directors, employees, agents, predecessors, successors, and assigns of these entities.

This Dispute Resolution Agreement does not preclude any party from seeking an individualized preliminary injunction or temporary restraining order until a claim is arbitrated, or from bringing an individualized action in small claims court, in any court that has jurisdiction; provided that, as limited by Section 13(C) below, the arbitrator will have exclusive jurisdiction to finally resolve claims not within the jurisdiction of a small claims court. Nor does this Dispute Resolution Agreement bar any party from bringing issues to the attention of federal, state, or local agencies.

Podbean and you agree that, by entering into this arbitration agreement, all parties are waiving their respective rights to a trial by jury or to participate in a class or representative action. The Federal Arbitration Act governs the interpretation and enforcement of this Dispute Resolution Agreement.

(B) Notice of disputes. If any party intends to seek arbitration of a dispute, that party must provide the other party with notice in writing (“Notice of Dispute”). This Notice of Dispute to Podbean must be sent to the following address (“Podbean’s Notice Address”): 5940 S Rainbow Blvd Ste 400 #56077 Las Vegas, NV 89118-2507.

Podbean may send notice to you at the e-mail and mailing addresses associated with your account. Your Notice of Dispute to Podbean must provide, as applicable, (a) your name and mailing address, (b) the email address you use to log into your account, (c) a description of the dispute, and (d) a statement of the relief requested. If the parties are unable or unwilling to resolve the dispute within 60 days after the Notice of Dispute is submitted, the dispute will be resolved by arbitration.

(C) Arbitration procedures. The arbitration will be governed by the AAA’s Commercial Arbitration Rules (“AAA Rules”), as modified by these General Terms, and will be administered by the AAA. Unless the parties agree otherwise, the Expedited Procedures of the AAA Rules will apply to any claim of $75,000 or less. The AAA Rules are available online at adr.org.

(D) Costs of arbitration. The AAA’s fee schedule is subject to change and may be found in the AAA Rules. Podbean will pay all AAA filing, administrative, and arbitrator fees for any arbitration that Podbean commences. If you commenced arbitration at least 60 days after submitting the Notice of Dispute to Podbean, and the value of your claim is $75,000 or less, Podbean will pay your share of any such AAA fees.

(E) No class or representative arbitration. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim without affecting other Podbean users or other customers or advertisers.

YOU AND PODBEAN AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL PROCEEDING.

(F) Future changes to Dispute Resolution Agreement. Podbean may update this Dispute Resolution Agreement from time to time. Any changes will be posted at podbean.com/podbean-general-TOU. Your continued use of the Services after the effective date of any changes constitutes your acceptance of the updated Dispute Resolution Agreement. If you do not agree to any changes, your sole remedy is to stop using the Services and close your account.

For the avoidance of doubt, disputes arising from or related to AI-generated Content available on the Services, including claims relating to the accuracy, reliability, originality, or intellectual property status of AI-generated Content, are subject to this Dispute Resolution Agreement and shall be resolved through arbitration as set forth above.

14. Consent to Receive Electronic Communications

For contractual purposes, you (a) consent to receive emails via the email address you have submitted when you sign up on the Services; and (b) agree that all General Terms, agreements, notices, disclosures, and other communications that Podbean provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your non-waivable rights.

Podbean may also use your email address to send you other messages, including information about Podbean and Services and special offers. You may opt out of such email by changing your account settings or sending an email to contact@podbean.com.

15. Apple App Store Additional Terms

If the Podbean application (“App”) is provided to you through the Apple Inc. (Apple Inc. together with all of its affiliates, “Apple”) App Store, the following terms and conditions apply to you in addition to all the other terms and conditions of these General Terms: The parties acknowledge that Apple has no obligation to furnish any maintenance or support services with respect to the App. If any of the terms and conditions in these General Terms are inconsistent or in conflict with Apple’s applicable instructions for Minimum General Terms for Developer’s End User License Agreement, or the App Store General Terms and Conditions, as applicable, the terms and conditions of those Apple documents will apply to the extent of such inconsistency or conflict.

16. Google Play Additional Terms

If the App is provided to you through Google Inc. (Google Inc. together with all of its affiliates, “Google”) Google Play, the following terms and conditions apply to you in addition to all the other terms and conditions of these General Terms of Use: You acknowledge that Google is not responsible for providing support services for the App. If any of the terms and conditions in these General Terms of Use are inconsistent or in conflict with Google’s Google Play Developer Distribution Agreement, the terms and conditions of Google’s agreement will apply to the extent of such inconsistency or conflict.

17. YouTube Terms of Service

If you choose to automatically share podcast episodes to YouTube via Podbean, Podbean will use YouTube API Services to upload videos to your YouTube account. By connecting your YouTube account, you agree to YouTube’s Terms of Service and Google Privacy Policy. You can manage the third-party access to your Google account at the Google Security Setting page.

18. Notice for California Users

Under California Civil Code Section 1789.3, California users are entitled to the following specific consumer rights notice: Current rates for the Service are at https://www.podbean.com/podcast-hosting-pricing. You may contact us at contact@podbean.com. The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210.

19. Miscellaneous

Any suggestions, comments, improvements, ideas, enhancement requests or feedback provided by you to Podbean relating to the Platform, the Services or any other services or products of Podbean (collectively, “Feedback”) are provided voluntarily. You agree that all Feedback may be used by Podbean without compensation, accounting or attribution to you, and you grant a perpetual, irrevocable, fully paid up right and license to the Feedback.

By providing any mobile or other telephone number to Podbean in connection with the Services, you authorize Podbean, its affiliates and their agents to call and send text messages (for which standard message and data rates may apply) to the provided telephone numbers, including by an automatic telephone dialing system, for purposes of the Services. However, Podbean will not rely on this permission to initiate autodialed calls or text messages for marketing purposes. You further authorize Podbean, its affiliates and their agents to send electronic mail to you for purposes of the Services.

ALL CLAIMS ARISING OUT OF OR RELATING TO THESE GENERAL TERMS OR THE SERVICES WILL BE GOVERNED BY NEVADA LAW, EXCLUDING NEVADA’S CONFLICT OF LAWS RULES, EXCEPT TO THE EXTENT THAT NEVADA LAW IS CONTRARY TO OR PREEMPTED BY FEDERAL LAW.

EXCEPT AS PROVIDED IN SECTION 13, ALL CLAIMS ARISING OUT OF OR RELATING TO THESE GENERAL TERMS OR THE SERVICES WILL BE LITIGATED EXCLUSIVELY IN THE FEDERAL OR STATE COURTS OF CLARK COUNTY, NEVADA; THE PARTIES CONSENT TO PERSONAL JURISDICTION IN THESE COURTS.

These General Terms are the parties’ entire agreement relating to their subject matter and supersede all other agreements between the parties relating to its subject matter. Except as provided in Section 13, all notices must be in writing and sent via email. The email address for notices being sent to Podbean is contact@podbean.com. Except as provided in Section 13, all other notices to you will be in writing and sent to your email address. Notice will be treated as given on receipt, as confirmed by written or electronic means.

Podbean will not be treated as having waived any rights by not exercising (or by delaying the exercise of) any rights under these General Terms. Except as provided in Section 13(E), if any provision of these General Terms is found unenforceable, that provision will be severed and the balance of the General Terms will remain in full force and effect.

Podbean may assign any or all of these General Terms, and may assign or delegate, in whole or in part, any of its rights or obligations under these General Terms. You may not assign these General Terms, in whole or in part, nor transfer or sub-license your rights under these General Terms, to any third party.

Except as explicitly provided above, there are no third-party beneficiaries to these General Terms. These General Terms do not create any agency, partnership, joint venture, or employment relationship among the parties.

Podbean is not liable for failure or delay in performance to the extent caused by circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemics or epidemics, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, earthquakes, accidents, strikes, shortages of transportation, facilities, fuel, energy, labor, or materials, failure of telecommunications or information technology infrastructure, cyberattacks, AI system outages or failures, changes in applicable law or regulation, or any other event beyond Podbean’s reasonable control.

20. User Representations and Warranties

By using the Services, you represent and warrant that: (a) you are at least 18 years of age and have the legal capacity to enter into these General Terms; (b) all information you provide to Podbean in connection with the Services is accurate, current, and complete; (c) you will comply with all applicable laws, rules, and regulations in your use of the Services; (d) your use of the Services, including any Content you post or submit, will not violate any applicable law, regulation, or third-party right, including intellectual property, privacy, or publicity rights; (e) you will not use the Services for any fraudulent, deceptive, or unlawful purpose; and (f) you will not use automated tools, bots, or AI systems to access the Services in a manner that violates these General Terms, the Acceptable Use Policy, or any applicable Policies.

21. Survival

The following provisions of these General Terms shall survive any termination or expiration of these General Terms or your use of the Services: Section 4 (Your Content, including the license granted therein), Section 7 (Taxes), Section 9 (Disclaimers, including Limitation of Damages), Section 10 (Indemnification), Section 12 (Intellectual Property), Section 13 (Dispute Resolution Agreement), Section 19 (Miscellaneous, including governing law and venue), Section 20 (User Representations and Warranties), and this Section 21 (Survival). Any other provisions that by their nature are intended to survive shall also survive termination or expiration.