Terms of Service

Please read these terms carefully before using our service. By using PodFlyy, you agree to these terms.

Last updated: January 2025

Welcome to PodFlyy LLC (“PodFlyy,” “we,” “us,” or “our”). These Terms of Service (“Terms”) govern your use of the services (the “Services”) provided through our application, website, or any related platforms (collectively, the “Platform”). By using the Platform, you agree to be bound by these Terms. If you do not agree, discontinue using our Services immediately.

PodFlyy LLC

33 N GOULD ST

SHERIDAN, WY 82801, USA

2. Acceptance of Terms

  1. By creating an account, accessing, downloading, or using any of our Services, you acknowledge that you have read and understood these Terms and agree to be legally bound by them.
  2. You affirm that you are at least eighteen (18) years of age or have obtained the necessary consent from a parent or legal guardian to enter into these Terms.

3. Changes to the Terms

  1. We reserve the right, at our sole discretion, to update or revise these Terms at any time.
  2. We will provide notice of any changes by posting the revised Terms on our website or through other means of notice.
  3. Your continued use of the Platform after such changes constitutes your acceptance of the revised Terms.

4. Description of Services

4.1 What is PodFlyy?

PodFlyy is an AI‑powered application that generates personalized podcast episodes on demand. Key features include:

  • Hyper-realistic, human-indistinguishable voices.
  • Options for specific episode lengths (15, 30, or 60 minutes).
  • AI-based language difficulty adaptation (if enabled).
  • AI-generated visual aids (images synced with audio) for an enhanced learning experience.

4.2 Main Use Cases

  • Language Learner: Focused on improving language proficiency.

• Curious Listener: Seeks entertainment via podcasts on interesting topics.

• Learner (Deep Dive): Engages with topics more deeply for study, professional development, or personal enrichment.

Our Platform may contain links to third-party websites, resources, or materials. These are provided for informational purposes only, and PodFlyy has no control over—and assumes no responsibility for—the content, privacy policies, or practices of any third-party websites or services.

5. User Accounts

  1. Registration: To access certain features, you may be required to create an account, provide accurate information, and update it as necessary.
  2. Security: You are responsible for maintaining the confidentiality of your account credentials. You agree to notify us immediately of any unauthorized use of your account or any security breach.

6. Credits and Payments

6.1 Credits Purchase

  • Users purchase “credits,” which are required to generate AI-powered podcast episodes. Credits are non-refundable under all circumstances.
  • 1 minute of audio = 1 credit. If the podcast has visuals, 1 minute of audio = 2 credits.

6.2 Non-Refundable Policy

All credit purchases are final. We do not provide refunds or exchanges for any unused or remaining credits.

6.3 Pricing and Taxes

We reserve the right to change our pricing structure at any time. Prices are exclusive of all taxes unless stated otherwise, and you are responsible for payment of any applicable taxes.

7. User Content and Community Library

  1. User-Generated Content and Prompts: You are responsible for the prompts and other inputs you provide to the Services (“User Prompts”). Content in the community library is generated by users leveraging third-party AI services, facilitated by PodFlyy. PodFlyy does not create this content itself and is not responsible for its accuracy, completeness, legality, or any rights clearance of such content. You represent and warrant that your User Prompts do not infringe upon or violate the rights of any third party.
  2. Rights and Permissions: You represent and warrant that you have all necessary rights, licenses, and permissions to submit User Prompts and to authorize PodFlyy to generate content based on those prompts for your use and for inclusion in the community library if you choose to share it.
  3. Copyright Infringement: We do not actively review or verify all generated content for copyright infringement. However, if you become aware of any infringing content, please contact us immediately at legal@podflyy.com, and we will review and address the situation as appropriate.

8. Intellectual Property

8.1 PodFlyy IP

  • All logos, graphics, designs, text, software, AI models, and other materials used in our Platform (collectively, “PodFlyy IP”), excluding User Prompts and Generated Content (as defined below), are owned by or licensed to PodFlyy and are protected by intellectual property laws. You may not use our trademarks without our prior written consent. You acquire no ownership rights in the PodFlyy IP or the Services.

8.2 User Prompts and Generated Content

  • User Prompts: You retain any ownership rights you have in your User Prompts. You grant PodFlyy a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, modify, adapt, prepare derivative works from, distribute, perform, and display your User Prompts solely for the purposes of operating, providing, developing, and improving the Services, and for creating Generated Content.
  • Generated Content: The podcast audio, visual cues (images), and any other content generated by the Services based on User Prompts is referred to as “Generated Content.”
  • Your Rights to Generated Content: Subject to your compliance with these Terms, and to the extent permitted by applicable law and any third-party licensors (including AI model providers), PodFlyy grants you a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Generated Content that you create through the Services for your personal or commercial purposes. You are responsible for ensuring that your use of Generated Content complies with all applicable laws and does not infringe third-party rights.
  • PodFlyy’s Rights to Generated Content: You acknowledge that Generated Content is created by an AI system. While you are granted broad rights to use the specific Generated Content you create, PodFlyy (and its licensors) retain all rights in the underlying AI models and technology used to produce the Generated Content. You also grant PodFlyy a worldwide, non-exclusive, irrevocable, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, display, perform, and create derivative works from the Generated Content (including for content shared in the community library) in connection with providing, maintaining, promoting, and improving the Services. This license continues even if you stop using our Services.

9. Disclaimers

  1. Accuracy and Nature of AI-Generated Content: PodFlyy uses AI‑powered technology and external third-party Language Model and image generation APIs to generate podcast episodes, including audio and visual elements. While we strive to ensure high-quality and accurate content, we cannot and do not guarantee its correctness, reliability, uniqueness, non-infringement, or comprehensiveness. AI-generated content may contain errors, biases, or reflect inaccuracies from the data on which the AI was trained. Output may be unexpected, and similar prompts may result in different or similar Generated Content for different users.
  2. No Legal or Professional Advice: The content generated is for informational or entertainment purposes only and does not constitute legal, medical, financial, or other professional advice. You should not rely on Generated Content as a substitute for advice from a qualified professional.
  3. Use at Your Own Risk: You acknowledge and agree that your use of the Platform and all AI‑generated content (including audio and visuals) is at your own risk. PodFlyy is not liable for any decisions made or actions taken based on Generated Content.
  4. Visual Content: AI-generated visual aids are created based on interpretations of audio content or User Prompts and may not always be accurate, relevant, or appropriate. You are responsible for reviewing visual content before use.

10. Limitation of Liability

  1. To the fullest extent permitted by law, PodFlyy, its directors, employees, or agents shall not be liable for any indirect, incidental, special, consequential, or exemplary damages resulting from:
    • Your use or inability to use the Platform.
    • Any loss or damage to your content or data.
    • Unauthorized access, use, or alteration of your transmissions or data.
  2. In no event will PodFlyy’s total liability exceed the amount you have paid to PodFlyy for credits in the last twelve (12) months prior to the event giving rise to the liability.

11. Indemnification

You agree to defend, indemnify, and hold harmless PodFlyy, its affiliates, officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, or expenses (including reasonable attorneys’ fees and costs) arising out of or in any way connected with:

  1. Your breach of these Terms.
  2. Your violation of any applicable law or regulation.
  3. Your user-generated content, including any claims it infringes a third party’s rights.

12. User Conduct and Acceptable Use

  1. Prohibited Activities: You agree not to engage in any of the following prohibited activities:

    • Using the Services for any illegal purpose or in violation of any local, state, national, or international law.
    • Creating or disseminating content that is unlawful, harmful, defamatory, obscene, abusive, infringing, harassing, or racially or ethnically offensive.
    • Generating content that exploits, abuses, or endangers children.
    • Attempting to reverse engineer, decompile, disassemble, or otherwise discover the source code or underlying algorithms of the Services, including the AI models used.
    • Using any automated system, including without limitation “robots,” “spiders,” or “offline readers,” to access the Services in a manner that sends more request messages to the PodFlyy servers than a human can reasonably produce in the same period by using a conventional on-line web browser.
    • Impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity.
    • Interfering with the proper working of the Services or attempting to bypass any measures we may use to prevent or restrict access to the Services.
    • Uploading or transmitting viruses, worms, or any other malicious code.
    • Using the Services to generate unsolicited promotions, advertising, or spam.
    • Using User Prompts that you know or have reason to believe infringe upon any third party’s intellectual property rights.

  2. Responsibility for Conduct: You are solely responsible for your conduct and any User Prompts you submit, as well as any Generated Content you create and share.

13. User Feedback

If you provide PodFlyy with any feedback, suggestions, improvements, or feature requests related to the Services (“Feedback”), you hereby grant PodFlyy a worldwide, perpetual, irrevocable, royalty-free, fully paid-up, non-exclusive, sublicensable, and transferable license to use, reproduce, modify, adapt, create derivative works from, distribute, display, perform, and otherwise exploit such Feedback for any purpose, without any obligation, attribution, or compensation to you.

14. Termination

  1. Termination by You: You may terminate your account at any time by discontinuing use of our Services.
  2. Termination by PodFlyy: We may suspend or terminate your account if you violate these Terms or our policies, or if we discontinue the Services.
  3. Effect of Termination: Upon termination, you lose any right to access or use the Services (including any unspent credits).

15. Governing Law and Dispute Resolution

These Terms and your use of the Services are governed by the laws of the State of Wyoming, USA, without regard to conflict of law provisions. Any disputes arising out of or connected to these Terms shall be resolved by binding arbitration or in the courts in Sheridan, Wyoming, as applicable.

16. General Provisions

  1. Severability: If any provision of these Terms is found to be invalid, illegal, or unenforceable, such provision shall be enforced to the maximum extent permissible, leaving the remaining provisions in full force and effect.
  2. No Waiver: Our failure to exercise or enforce any right or provision of these Terms does not constitute a waiver of such right or provision.
  3. Entire Agreement: These Terms, along with our Privacy Policy (if applicable) and any additional legal notices or agreements published by us on our Platform, shall constitute the entire agreement between you and PodFlyy concerning our Services.

17. Contact Information

If you have any questions or concerns about these Terms or our Services, please contact us:

PodFlyy LLC

33 N GOULD ST

SHERIDAN, WY 82801, USA

Email: legal@podflyy.com

MOBILE APPLICATION END USER LICENSE AGREEMENT (EULA) FOR IOS APPLICATIONS

The terms in this section apply to you if you use the PodFlyy mobile application on an Apple iOS device (the “Licensed Application”). This EULA is a part of the overall Terms of Service.

1. Acknowledgement: The End-User acknowledges that this EULA is concluded between PodFlyy LLC (“PodFlyy,” “we,” “us,” or “our”) and the End-User only, and not with Apple Inc. (“Apple”). PodFlyy, not Apple, is solely responsible for the Licensed Application and the content thereof.

2. Scope of License: PodFlyy grants to the End-User a limited, non-exclusive, non-transferable, revocable license to use the Licensed Application for their personal, non-commercial purposes on any Apple-branded products that the End-User owns or controls and as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions (the “Usage Rules”). The terms of this EULA will govern any content, materials, or services accessible from or purchased within the Licensed Application as well as upgrades provided by PodFlyy that replace or supplement the original Licensed Application, unless such upgrade is accompanied by a separate EULA. Except as provided in the Usage Rules, the End-User may not distribute or make the Licensed Application available over a network where it could be used by multiple devices at the same time. The End-User may not transfer, redistribute or sublicense the Licensed Application and, if the End-User sells their Apple Device to a third party, the End-User must remove the Licensed Application from the Apple Device before doing so. The End-User may not copy (except as permitted by this license and the Usage Rules), reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Application, any updates, or any part thereof (except as and only to the extent that any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open-sourced components included with the Licensed Application).

3. Maintenance and Support: PodFlyy is solely responsible for providing any maintenance and support services with respect to the Licensed Application, as specified in this EULA or as required under applicable law. The End-User acknowledges that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Licensed Application.

4. Warranty: PodFlyy 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, the End-User may notify Apple, and Apple may refund the purchase price for the Licensed Application to that End-User (if any); and that, 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 PodFlyy’s sole responsibility. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE LICENSED APPLICATION IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED APPLICATION AND ANY SERVICES PERFORMED OR PROVIDED BY THE LICENSED APPLICATION ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND PODFLYY HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED APPLICATION AND ANY SERVICES, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NONINFRINGEMENT OF THIRD-PARTY RIGHTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY PODFLYY OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE LICENSED APPLICATION OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.

5. Product Claims: The End-User acknowledges that PodFlyy, not Apple, is responsible for addressing any claims of the End-User or any third party relating to the Licensed Application or the End-User’s possession and/or use of that 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.

6. Intellectual Property Rights: The End-User acknowledges that, in the event of any third-party claim that the Licensed Application or the End-User’s possession and use of that Licensed Application infringes that third party’s intellectual property rights, PodFlyy, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.

7. Legal Compliance: The End-User represents and warrants that (i) they 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) they are not listed on any U.S. Government list of prohibited or restricted parties. The End-User also agrees that they will not use the Licensed Application for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture, or production of nuclear, missile, or chemical or biological weapons. The End-User may not use or otherwise export or re-export the Licensed Application except as authorized by United States law and the laws of the jurisdiction in which the Licensed Application was obtained.

8. Developer Name and Address: End-User’s questions, complaints or claims with respect to the Licensed Application should be directed to: PodFlyy LLC 33 N GOULD ST SHERIDAN, WY 82801, USA Email: legal@podflyy.com

9. Third Party Terms of Agreement: The End-User must comply with applicable third-party terms of agreement when using the Licensed Application. For example, the End-User must not be in violation of their wireless data service agreement when using the Licensed Application.

10. Third Party Beneficiary: The End-User acknowledges and agrees that Apple, and Apple’s subsidiaries, are third-party beneficiaries of this EULA, and that, upon the End-User’s acceptance of the terms and conditions of this EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce this EULA against the End-User as a third-party beneficiary thereof.

Thank you for choosing PodFlyy! We appreciate your support and look forward to delivering personalized podcasts that enrich your learning and entertainment experience.