Welcome to Earpocket. These Terms of Service (“Terms”) govern your use of the Earpocket browser extension, website, and related services (collectively, the “Service”) operated by Earpocket (“we,” “us,” or “our”).
By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of these Terms, you may not access the Service.
1. Use of Service
Earpocket provides a service that converts web articles into audio format for personal listening. By using our Service, you agree to:
- Use the Service only for lawful purposes and in accordance with these Terms
- Not use the Service to convert content you do not have the right to access
- Not attempt to circumvent paywalls or access restricted content
- Not use the Service for any commercial purpose without our prior written consent
- Not interfere with or disrupt the Service or servers connected to the Service
2. Content and Copyright
Earpocket converts publicly accessible web content into audio format for personal use. You acknowledge and agree that:
- Original Content Ownership: The original articles and content you convert remain the property of their respective owners. Earpocket does not claim ownership of any third-party content.
- Personal Use Only: Audio files generated through our Service are for your personal, non-commercial use only. You may not redistribute, sell, or publicly broadcast converted audio.
- Your Responsibility: You are responsible for ensuring you have the right to access and convert the content you submit to our Service.
- DMCA Compliance: We respect intellectual property rights and will respond to valid takedown requests in accordance with the Digital Millennium Copyright Act (DMCA).
3. User Accounts and Feed Tokens
When you use Earpocket, we generate a unique feed token to deliver audio content to your podcast app. You are responsible for:
- Keeping your feed token confidential
- All activity that occurs through your feed
- Notifying us immediately if you believe your feed has been compromised
We reserve the right to disable any feed token at our sole discretion, including if we reasonably believe the Terms have been violated.
4. Publisher Terms
If you embed the Earpocket widget on your website (“Publisher”), you additionally agree to:
- Only embed the widget on websites you own or have authorization to modify
- Not modify, reverse engineer, or tamper with the widget code
- Comply with all applicable laws regarding your website content
- Display any required attribution as specified in our documentation
5. Prohibited Uses
You agree not to use the Service to:
- Violate any applicable laws or regulations
- Infringe upon the intellectual property rights of others
- Transmit any malicious code, viruses, or harmful data
- Attempt to gain unauthorized access to our systems or other users' data
- Use automated systems or bots to access the Service in a manner that exceeds reasonable use
- Resell, sublicense, or commercially exploit the Service without authorization
- Convert content that is illegal, defamatory, or violates third-party rights
6. Intellectual Property
The Service and its original content (excluding content provided by users), features, and functionality are and will remain the exclusive property of Earpocket. The Service is protected by copyright, trademark, and other laws. Our trademarks may not be used in connection with any product or service without our prior written consent.
7. Disclaimer of Warranties
THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DO NOT WARRANT THAT:
- The Service will be uninterrupted, secure, or error-free
- The results obtained from using the Service will be accurate or reliable
- The quality of any audio generated will meet your expectations
- Any errors in the Service will be corrected
8. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, EARPOCKET SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:
- Your use or inability to use the Service
- Any unauthorized access to or use of our servers
- Any interruption or cessation of transmission to or from the Service
- Any bugs, viruses, or other harmful code transmitted through the Service
- Any content obtained from the Service
9. Indemnification
You agree to defend, indemnify, and hold harmless Earpocket and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or in any way connected with your access to or use of the Service, your violation of these Terms, or your violation of any third-party rights.
10. Termination
We may terminate or suspend your access to the Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms.
Upon termination, your right to use the Service will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
11. Changes to Terms
We reserve the right to modify or replace these Terms at any time at our sole discretion. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms.
12. Governing Law
These Terms shall be governed and construed in accordance with the laws of the United States, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.
13. Severability
If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service and supersede any prior agreements.
14. Contact Us
If you have any questions about these Terms, please contact us at [email protected].