(If your billing address is in the US or you are a free plan user and don’t have a billing address with us, the following Podbean Terms and Policies apply to you. Otherwise, please check the Podbean Terms and Policies here.)

Last Updated: May 30, 2024

The Podbean Podcaster Agreement (“Agreement”) is between Podbean Inc. (“Podbean”) and the entity that opens a podcaster account, accepts these Master Terms (“Terms”) electronically and/or enters into an insertion order or other document (“IO”) that references these Terms (“Podcaster” or “you”). This Agreement governs Podcaster’s use of the Podbean podcasting platform, website and apps and your participation in Podbean’s monetization programs (all of the foregoing collectively, “Services”).

THESE TERMS REQUIRE USE OF BINDING INDIVIDUAL ARBITRATION TO RESOLVE DISPUTES RATHER THAN JURY TRIALS OR CLASS ACTIONS. Podcaster may opt out of the arbitration requirement by following the instructions in Section 14(F) below within 30 days of first accepting these Terms.

If you are using the Service or opening an account on the Service on behalf of a company, entity or organization, that company, entity or organization is the “Podcaster” and “you” under the Agreement. In that case, you represent and warrant that you are an authorized representative of Podcaster with the authority to bind Podcaster to the Agreement. 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. Our Agreement

The Agreement consists of these Terms, the Podbean Acceptable Use Policy, the Podbean Partner Privacy Requirements, all other policies or requirements that Podbean or an advertiser makes available to Podcaster, any IOs that both parties sign that references these Terms and, if applicable, the Additional Monetization Terms for Podcasters.

2. Services and License

The Services provide a communications platform that allows podcasters to create, host and monetize podcasts and to connect with end users.

Subject to your compliance with the Agreement, Podbean grants Podcaster a limited, non-exclusive, revocable permission to upload Podcast Content (defined below) and make personal, non-commercial (except as expressly permitted) use of the Services to publish Podcast Content.

Podbean may roll out additional features or services from time to time, which may require additional fees and terms and conditions as set forth in the user interface of the Services, an IO or a separate agreement between the parties.

Podcaster acknowledges and agrees that Podbean does not control and is not responsible for any third party content accessible in the Services (including third party ads).

3. Podcast Content and License

As between you and Podbean, you are solely responsible for and will always own your podcasts and the associated content, links, landing pages or other destinations to which you direct end users (including related URLs, waypoints, and redirects) and your services and products (collectively “Podcast Content”). Podbean may reject or remove Podcast Content at any time for any or no reason and may modify or cancel Services at any time.

You grant Podbean a non-exclusive, royalty-free, fully paid up, non-exclusive, worldwide license to use, download, store, reproduce, publicly display and perform, and make your Podcast Content available in and via the Services. You further grant Podbean a non-exclusive, fully paid up, non-exclusive, worldwide license to use, reproduce, and publicly display and perform in any media your Podcast Content for the purpose of promoting your Podcast Content as available in the Service (e.g., promotion in Podbean, on social media and other third party online properties, and through directed marketing emails to end users). Podbean may use the name and authorized likenesses of hosts and guests of your podcasts in furtherance of promoting your podcasts, although Podbean shall obtain further written approval from you if any such host or guest name, likeness, or identifying material is otherwise used as an endorsement of Podbean or Podbean products or services.

Podbean may edit, resize or crop Podcast Content Images to fit the specifications and requirements of the Services and may modify metadata as reasonably necessary to correct errors therein. Podbean may in its sole discretion use all or some of the metadata you provide hereunder, or supplement or replace such metadata.

If you endorse third party products or services or embed advertising and/or sponsorship messaging directly into your Podcast Content (all of the foregoing, "Embedded Promotions"), you must ensure that all Embedded Promotions comply with applicable laws and regulations. Podbean reserves the right to remove any Podcast Content that contains Embedded Promotions that do not comply with the Agreement. For the avoidance of doubt, Embedded Promotions are not part of Podbean’s Monetization Programs (defined below).

You are solely responsible for complying with all applicable laws applicable to you and your Podcast Content, including applicable disclosure requirements such as those available at https://www.ftc.gov/business-guidance/advertising-marketing/endorsements-influencers-reviews.

You represent and warrant that:

• You own or have the right to post Podcast Content, including all necessary rights relating to any sound recordings and musical works included in the Podcast Content and all rights necessary to grant Podbean the license described in these Terms;
• Such Podcast Content and its use by Podbean as permitted herein does not: (i) violate these Terms, applicable law, or the intellectual property or other rights of any third party; or (ii) imply any affiliation with or endorsement of you or your Podcast Content by Podbean or any artist, band, label, or other individual or entity, without the prior express written consent from Podbean or such individual or entity;
• You have and shall have acquired, retained and properly administered any third-party rights, licenses, authorizations, consents, permissions and approvals relating to the Podcast Content you post to the Service, including but not limited to any music in the Podcast Content, and relating to the exercise by Podbean of its rights under these Terms, and that all rights, licenses, consents, waivers, clearances, or approvals necessary required from any collecting society (including but not limited to collecting societies such as STIM, MCPS, PRS, PPL and VPL) or any other party in order for Podbean to lawfully exercise and enjoy its rights granted under this Agreement (including, without limitation, all necessary music, synchronization, mechanical transfer and performing rights clearances) have been or will be obtained and paid for and shall be maintained for the duration of these Terms;
• You shall be solely responsible for complying with the terms and conditions set forth in each of the third-party licenses, authorizations, consents, permissions and approvals referenced above, and you shall be solely responsible for making any and all payments of royalties, fees and any other monies (however characterized) to any and all third parties as and when required under such third-party licenses, authorizations, consents, permissions and approvals;
• No royalties, fees or other monies (however characterized) are or will be payable by or on behalf of Podbean to or on behalf of any third party in connection with, or arising out of, the Podcast Content you post to the Service, or the exercise by Podbean of its rights under these Terms;
• All Podcast Content you submit to the Service is correct, accurate, and does not violate the Acceptable Use Policy;
• You have and shall comply with all applicable laws, regulations and industry standards when posting Podcast Content to the Service, including the FTC's Guidelines Concerning the User of Testimonials and Endorsements in Advertising, the FTC's Disclosures Guide, the FTC's Native Advertising Guidelines, and any other guidelines issued by the FTC from time to time, and updates thereto.

In publicly posting or sharing Podcast Content, you acknowledge that Podcast Content will be publicly accessible, and may be used and re-shared by others.

Podbean is not a music distribution tool. You must not use the Service for the purpose of distributing music tracks, DJ mixes, etc.

4. Use of Services

Podcaster is solely responsible for its use of the Services, safeguarding usernames and passwords and all activity and payments owed under its account. If Podcaster requests Podbean’s help to use the Services, Podcaster consents to the actions that Podbean performs on its behalf. Podcaster retains sole responsibility for such assisted use of the Services.

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 or an advertiser makes available to Podcaster. Podcaster will direct communications regarding the Services only to Podbean.

At Podbean, our unlimited plans offer unmetered bandwidth and unlimited storage to support the growth of your podcast. However, to ensure stable service for all users, these plans are governed by a fair usage policy.

Podcasts exceeding these limits will need to transition to a Network plan. Public podcasts that surpass the bandwidth limit and do not switch may see reduced download speeds.

5. Analytics

If Podbean provides analytics through for Podcast Content, you acknowledge that such analytics are provided solely as a convenience to you and agree to use any data provided through such analytics solely for purposes of internal business analysis, including promotion and marketing purposes, and making data available to advertisers solely as necessary to monetize Podcast Content. Aside from the foregoing, you will not provide analytics information to any third parties and you will not allow third parties to access your account.

Without limiting the foregoing, you must not (a) aggregate (or permit any third party to aggregate) analytics information provided to you by Podbean with other podcasters’ analytics information, or contribute such information to a repository for cross-podcaster analytics or (b) use analytics information to attempt to identify or derive information about any particular end-user or device.

6. Monetization

The Additional Monetization Terms for Podcasters apply to the Podbean Services that allow you to monetize Podcast Content (collectively, “Monetization Programs”), including the Podbean Podcast Ads Marketplace.

7. Fees, Payment and Payment

Fees for our Services are shown on our website.

If you are using a free Podbean hosting plan, you agree that Podbean may include ads in your Podcast Content in order to support your use of the Services and that you will not receive any revenue from those ads.

All fees and other amounts due under this Agreement are exclusive of sales, service, use, business and any similar taxes (collectively, “Transaction Taxes”). Podcaster shall self-assess any applicable Transaction Taxes to the extent required or allowed under applicable law. In the event that Podcaster does not self-assess any such Transaction Taxes, Podcaster 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 Podcaster, Podcaster shall pay to Podbean the total amount due on Podbean’s invoice, including any Transaction Taxes, in accordance with the payment terms set forth in this Agreement. In the event that Podbean does not charge such Transaction Taxes at the time of initial invoicing, but the relevant government authority determines that Podbean should have charged such Transaction Taxes, Podbean shall charge to Podcaster, and Podcaster shall pay to Podbean, any such Transaction Taxes as soon as practicable after such determination.

8. Third Party Integrations

If you choose to automatically share podcast episodes to third party services (such as YouTube, Spotify, etc.) via Podbean, Podbean will upload Content to your third party accounts. By connecting your third party accounts to Podbean, you agree to comply with the applicable third party terms of use and privacy policies, whether or not the terms of use and privacy policies are listed in the Agreement.

The follow third party links are provided solely for convenience:

• YouTube - 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.

9. Termination, Suspension

Podcaster may close its account at any time, using the Podcaster portal in the Services. Podbean may terminate or suspend Podcaster’s account at any time upon notice, for any reason or no reason.

10. Disclaimers

TO THE FULLEST EXTENT PERMITTED BY LAW:

• PODBEAN AND PODCASTERS DISCLAIM ALL WARRANTIES, WHETHER IMPLIED, STATUTORY OR OTHERWISE, INCLUDING FOR NON-INFRINGEMENT, SATISFACTORY QUALITY, MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE, OR ARISING FROM ANY COURSE OF DEALING OR USAGE OF TRADE.
• THE SERVICES AND ANY ADVERTISING ARE PROVIDED “AS IS,” “AS AVAILABLE” AND “WITH ALL FAULTS”. PODBEAN, ITS AFFILIATES, AND ITS ADVERTISERS DO NOT MAKE ANY GUARANTEE IN CONNECTION WITH THE SERVICES OR SERVICE RESULTS.

11. Limitation of Liability

EXCEPT FOR SECTION 12 AND PODCASTER’S BREACH OF THE PODBEAN ACCEPTABLE USE POLICY, THE PODBEAN PARTNER PRIVACY REQUIREMENTS OR SECTION 3, TO THE FULLEST EXTENT PERMITTED BY LAW REGARDLESS OF THE THEORY OR TYPE OF CLAIM: (a) PODBEAN, ADVERTISERS, AND THEIR RESPECTIVE AFFILIATES WILL NOT BE HELD LIABLE UNDER THESE TERMS OR ARISING OUT OF OR RELATED TO THESE TERMS FOR ANY DAMAGES OTHER THAN DIRECT DAMAGES, EVEN IF THE PARTY IS AWARE OR SHOULD KNOW THAT SUCH OTHER TYPES OF DAMAGES ARE POSSIBLE AND EVEN IF DIRECT DAMAGES DO NOT SATISFY A REMEDY; AND (b) OTHER THAN PODCASTER’S PAYMENT OBLIGATIONS UNDER THESE TERMS, PODBEAN, ADVERTISERS, AND THEIR RESPECTIVE AFFILIATES WILL NOT BE HELD LIABLE FOR DAMAGES UNDER THESE TERMS OR ARISING OUT OF OR RELATED TO PERFORMANCE OF THESE TERMS FOR ANY GIVEN EVENT OR SERIES OF CONNECTED EVENTS IN THE AGGREGATE OF MORE THAN THE AMOUNT PAYABLE TO PODCASTER BY PODBEAN UNDER THE TERMS IN THE TWELVE MONTHS BEFORE THE DATE OF THE ACTIVITY FIRST GIVING RISE TO THE CLAIM.

12. Indemnification

Podcaster 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 the Agreement and/or your Podcast Content. Advertisers are intended third-party beneficiaries of this Section.

13. Changes

Podbean may make non-material changes to the Agreement at any time without notice and will make any material changes with advance notice. Changes to these Terms will be posted at podbean.com/podbean-podcaster-terms. 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 Terms, you may terminate your account.

Podbean may terminate or suspend Podcaster’s ability to participate in the Services at any time.

14. Dispute Resolution Agreement

• Arbitration of disputes. Podbean and Podcaster agree to arbitrate all disputes and claims that arise out of or relate in any way to the Services or the Agreement. This agreement to arbitrate (“Dispute Resolution Agreement” or “Section 14”) is intended to be broadly interpreted and includes, for example:
  1. claims brought under any legal theory;
  2. claims that arose before Podcaster first accepted any version of these Terms containing an arbitration provision;
  3. claims that may arise after the termination of Podcaster’s use of the Services;
  4. claims brought by or against Podbean, Podbean affiliates and the respective officers, directors, employees, agents, predecessors, successors, and assigns of these entities;
  5. claims brought by or against Podcaster, the respective affiliates and parent companies of Podcaster, 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 14(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 Podcaster 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. With respect to all disputes or claims that arise out of or relate in any way to the Services or the Agreement, this Dispute Resolution Agreement supersedes any contrary terms regarding dispute resolution in any other agreement between the parties.

• 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 Podcaster via Podcaster’s account. Podcaster’s Notice of Dispute to Podbean must provide, as applicable, (a) Podcaster’s name and mailing address, (b) the email address Podcaster uses to log into Podcaster’s account, (c) a description of the dispute, including identification of the relevant campaigns, 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 upon one party sending the other party or parties and the American Arbitration Association (“AAA”) a demand for arbitration. No arbitration demand may be submitted until at least 60 days after submission of the Notice of Dispute. Unless the parties agree otherwise, Podcaster’s demand for arbitration must be sent to Podbean’s Notice Address and entitled “Demand for Arbitration.” Podbean will send demands for arbitration to Podcaster at the e-mail and mailing addresses associated with Podcaster’s account.

• Arbitration procedures. The arbitration will be governed by the AAA’s Commercial Arbitration Rules ("AAA Rules"), as modified by these 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. If the AAA is unavailable, the parties will agree to another arbitration provider or the court will appoint a substitute. To the fullest extent permitted by applicable law, any evidentiary submissions made in arbitration will be maintained as confidential in the absence of good cause for its disclosure. The arbitrator’s award will be maintained as confidential only to the extent necessary to protect either party’s trade secrets or proprietary business information or to comply with a legal requirement mandating confidentiality.

  Unless the parties agree otherwise, any arbitration hearings will take place in the county (or parish) of Podcaster’s principal place of business. If the value of Podcaster’s claim is $25,000 or less, Podcaster may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, by telephone, or by an in-person hearing. If the value of Podcaster’s claim exceeds $25,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator will issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision is based. All issues are for the arbitrator to decide, except that only a court of competent jurisdiction may decide issues relating to the scope and enforceability of this arbitration provision, the arbitrability of disputes, or the interpretation of Section 14(E). Arbitration rulings will not have preclusive effect in any proceedings involving different Podcasters in any forum. The arbitrator can award the same individualized damages and relief that a court can award. Judgment on the award may be entered by any court having jurisdiction.

• Costs of arbitration. The AAA’s fee schedule is subject to change and may be found in the AAA Rules (available online at adr.org or by calling the AAA at 1-800-778-7879). Each party will pay all AAA filing, administrative, and arbitrator fees for any arbitration that such party commences.
• 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. PODCASTER AND PODBEAN AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL PROCEEDING. Upon motion of one or more affected parties, and after providing all other affected parties an opportunity to be heard, the arbitrator may, in its discretion, consolidate more than one Podcaster’s claims to promote efficiency in discovery and to avoid inconsistent legal rulings. For the avoidance of doubt, any consolidation under the preceding sentence will be limited only to currently-pending arbitrations initiated under this agreement, and the arbitrator may not preside over any form of a representative or class proceeding. All parties will retain the right to request an individualized hearing. If a court decides that applicable law precludes enforcement of any of these prohibitions or limitations on (a) non-individualized relief, (b) class, representative, and private attorney general claims, or (c) consolidation with respect to a particular claim or a particular request for relief (such as injunctive relief), and if all appeals challenging the court's decision are denied, then the parties agree that such a claim or request for relief will be decided by a court after all other claims and requests for relief are arbitrated.
• 30-day opt out period. Podcaster has the right to opt out of this Dispute Resolution Agreement. An Podcaster who does not wish to be bound by this Dispute Resolution Agreement (including its waiver of class and representative claims) must notify Podbean as set forth below within 30 days of the first acceptance date of any version of these Terms containing an arbitration provision (unless a longer period is required by applicable law). Podcaster’s notice to Podbean under this subsection must be submitted via email to contact@podbean.com. An opt-out notice does not revoke or otherwise affect any previous arbitration agreement between Podcaster and Podbean.
• Future changes to Dispute Resolution Agreement. If Podbean makes any changes to this Dispute Resolution Agreement (other than a change to Podbean’s Notice Address), Podcaster may reject any such change by notifying Podbean via the process set forth in Section 14(B) within 30 days of the change. It is not necessary to submit a rejection of the future change to this Dispute Resolution Agreement if Podcaster had properly opted out of arbitration in compliance with the requirements of Section 14(F). By rejecting a future change, Podcaster is agreeing that it will arbitrate any dispute in accordance with the language of this Dispute Resolution Agreement, as modified by any changes that Podcaster did not reject.

15. Miscellaneous.

• Any suggestions, comments, improvements, ideas, enhancement requests or feedback provided by Podcaster to Podbean relating to the Platform, the Services or any other services or products of Podbean (collectively, “Feedback”) are provided voluntarily. Podcaster agrees that all Feedback may be used by Podbean without compensation, accounting or attribution to Podcaster, and Podcaster grants a perpetual, irrevocable, fully paid up right and license to the Feedback.
• In the course of your use of Service, you may have access to certain information and materials that are confidential and are of substantial value to Podbean, which value would be impaired if such information were disclosed to third parties or used for purposes other than expressly permitted by the Agreement (“Podbean Confidential Information”). You agree to maintain any Podbean Confidential Information in confidence, and not disclose or otherwise make available Podbean Confidential Information to any third party without the prior written consent of Podbean.
• By providing any mobile or other telephone number to Podbean in connection with the Services, Podcaster authorizes 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. Podcaster further authorizes Podbean, its affiliates and their agents to send electronic mail to Podcaster for purposes of the Services.
• Under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at 1-800-952-5210 in order to resolve a complaint regarding the Service or to receive further information regarding use of the Service.
• ALL CLAIMS ARISING OUT OF OR RELATING TO THESE GENERAL TERMS OR THE SERVICES WILL BE GOVERNED BY DELAWARE LAW, EXCLUDING DELAWARE’S CONFLICT OF LAWS RULES, EXCEPT TO THE EXTENT THAT DELAWARE 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 NEW CASTLE COUNTY, DELAWARE; THE PARTIES CONSENT TO PERSONAL JURISDICTION IN THESE COURTS.
• The Agreement is the parties’ entire agreement relating to their subject matter and supersedes all other agreements between the parties relating to its subject matter. Podbean will not be bound by the terms of any Podcaster purchase orders or online portal.
• Neither party will make any public statement regarding the Agreement except (i) when required by law, and (ii) Podbean may include Podcaster’s name and logo in its marketing, promotional materials and customer lists.
• Except as provided in Section 14, 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 14, all other notices to Podcaster will be in writing and sent to an email address associated with Podcaster’s account. Notice will be treated as given on receipt, as confirmed by written or electronic means. These notice requirements do not apply to legal service of process, which is instead governed by applicable law, nor do they apply to Section 14.
• Except for modifications by Podbean under Section 13, any amendment must be agreed to by both parties and must expressly state that it is amending the Agreement. Neither party will be treated as having waived any rights by not exercising (or by delaying the exercise of) any rights under the Agreement. Except as provided in Section 14(E), if any provision of the Agreement is found unenforceable, that provision will be severed and the balance of the Agreement will remain in full force and effect.
• Podbean may assign any or all of the Agreement, and may assign or delegate, in whole or in part, any of its rights or obligations under the Agreement. You may not assign the Agreement, in whole or in part, nor transfer or sub-license your rights under the Agreement, to any third party except with our prior written consent. Except as explicitly provided above, there are no third-party beneficiaries to the Agreement. The Agreement does not create any agency, partnership, joint venture, or employment relationship among the parties.
• Except for payment obligations, no party or its affiliates are liable for failure or delay in performance to the extent caused by circumstances beyond its reasonable control.