Terms of Use for Podix

Welcome to Podix! These Terms of Use ("Terms") govern your access to and use of the Podix application, website, and services (collectively, the "Service") provided by Podix ("Podix," "we," "us," or "our").

1. Description of Service

Podix provides a service that allows users to upload PDF and PPT documents ("User Content") which are then processed using artificial intelligence ("AI") to generate audio podcast versions ("Generated Content"). The Service is intended to help users absorb knowledge more easily.

2. Eligibility and Accounts

• You must be at least 13 years old (or the age of legal majority in your jurisdiction) to use the Service. If you are using the Service on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.
• You may be required to create an account to access certain features. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

3. User Content and Copyright Responsibility

Your Responsibility for User Content:

You are solely responsible for the User Content you upload, submit, or otherwise make available through the Service. You represent and warrant that you own all rights, title, and interest in and to your User Content, OR you have obtained all necessary licenses, rights, consents, and permissions to submit your User Content to the Service.

No Infringing Material:

You agree not to upload, transmit, or share User Content that is copyrighted, protected by trade secret, or otherwise subject to third-party proprietary rights, unless you are the owner of such rights or have permission from their rightful owner.

License to Podix for Processing:

By submitting User Content to the Service, you grant Podix a limited, worldwide, non-exclusive, royalty-free license to use, reproduce, distribute, prepare derivative works of, display, and perform your User Content solely for the purpose of operating, providing, and improving the Service to you. This license terminates when your User Content is deleted from our systems.

4. Use of the Service and Generated Content

Personal, Non-Commercial Use:

The Service and any Generated Content are provided for your personal, educational, and non-commercial use only.

Restrictions on Generated Content:

You agree not to resell, sublicense, rent, lease, or otherwise commercially exploit the Generated Content. You also agree not to distribute, publicly perform, or publicly display the Generated Content in a manner that implies it is for commercial use or that infringes upon the rights of the original copyright holder.

AI-Generated Nature:

You acknowledge that the Generated Content is created by AI and may not always be perfectly accurate, complete, or a flawless representation of the User Content. Podix makes no warranties regarding the quality, accuracy, or suitability of the Generated Content.

5. Podix's Intellectual Property

Excluding your User Content, all rights, title, and interest in and to the Service itself, including its "look and feel" (e.g., text, graphics, images, logos), proprietary content, information, and other materials, are and will remain the exclusive property of Podix and its licensors. The Service is protected by copyright, trademark, and other laws of Hong Kong and foreign countries.

6. Prohibited Conduct

• Violating these Terms or any applicable laws or regulations.
• Uploading User Content that infringes on any third-party's intellectual property or other rights.
• Using the Service for any illegal purpose or in violation of any local, state, national, or international law.
• Attempting to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running the Service.
• Reverse engineering, decompiling, disassembling, or otherwise attempting to discover the source code of the Service.
• Using the Service in any manner that could damage, disable, overburden, or impair it.

7. Third-Party Services

The Service relies on third-party services, including AI models and cloud hosting (as detailed in our Privacy Policy). Your use of these third-party services may be subject to their respective terms and conditions and privacy policies. Podix is not responsible or liable for the actions or omissions of any third-party service providers.

8. Disclaimers

PODIX MAKES NO WARRANTY THAT: (I) THE SERVICE WILL MEET YOUR REQUIREMENTS; (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE (INCLUDING GENERATED CONTENT) WILL BE ACCURATE OR RELIABLE; OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.

9. Limitation of Liability

IN NO EVENT SHALL PODIX'S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE EXCEED THE GREATER OF SEVEN HUNDRED AND EIGHTY HONG KONG DOLLARS (HKD 780.00) OR THE AMOUNTS PAID BY YOU TO PODIX FOR THE PAST SIX MONTHS FOR THE SERVICES IN QUESTION.

10. Indemnification

You agree to defend, indemnify, and hold harmless Podix, its affiliates, officers, directors, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from your use of and access to the Service, your violation of any term of these Terms, your violation of any third-party right, or any claim that your User Content caused damage to a third party.

11. 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.
• You may terminate your use of the Service at any time by ceasing to use it and, if applicable, deleting your account.

12. Governing Law and Dispute Resolution

These Terms shall be governed and construed in accordance with the laws of the Hong Kong Special Administrative Region of the People's Republic of China ("Hong Kong"), without regard to its conflict of law provisions.

Any dispute, controversy, difference, or claim arising out of or relating to these Terms shall be referred to and finally resolved by arbitration administered by the Hong Kong International Arbitration Centre (HKIAC) under the HKIAC Administered Arbitration Rules. The seat of arbitration shall be Hong Kong. The number of arbitrators shall be one. The arbitration proceedings shall be conducted in English.

13. Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect, which may be provided through the Service or by email. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms.

14. Entire Agreement, Severability, Waiver

These Terms, together with the Privacy Policy, constitute the entire agreement between you and Podix concerning the Service. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.

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