Terms of Service

Last updated: October 25, 2023

This service is operated by Castos, Inc (“Castos”, “us”, “we”, or “our”).   Castos permits access and use of the Castos platform, including the website at https://castos.com website (collectively, the “Service”), subject to the terms and conditions in these Terms and Conditions (“Terms”, “Terms and Conditions”). These Terms apply to all visitors, users, and others who wish to access or use the Service.  Castos may, at its discretion, update these Terms at any time. You can access and review the most current version of these Terms at the URL for this page or by clicking on the “Terms” link within the Service or as otherwise made available by Castos.

PLEASE REVIEW THESE TERMS CAREFULLY. BY REGISTERING FOR AN ACCOUNT OR OTHERWISE ACCESSING OR USING THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS, INCLUDING ANY UPDATES OR REVISIONS POSTED HERE OR OTHERWISE COMMUNICATED TO YOU. IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THESE TERMS, YOU MAY NOT ACCESS OR USE THE SERVICES.

You represent and warrant that you: (a) are of legal age to form a binding contract; (b) have the right, authority, and capacity to agree to and abide by these Terms; and (c) are not a person barred from using the Services under the laws of any applicable jurisdiction. THE SERVICES ARE NOT INTENDED FOR USERS UNDER THE AGE OF 18, AND SUCH USERS ARE EXPRESSLY PROHIBITED FROM SUBMITTING ANY PERSONAL DATA OR USING ANY ASPECT OF THE SERVICES, AND BY TAKING SUCH ACTIONS YOU AGREE, REPRESENT, AND WARRANT THAT YOU ARE 18 YEARS OF AGE OR OLDER.

Communications

By creating an Account on our service, you agree to subscribe to newsletters, marketing or promotional materials, and other information we may send. However, you may opt out of receiving any or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send.

Purchases

If you wish to purchase any product or service made available through the Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.

You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.

The Service may employ the use of third party services for the purpose of facilitating payment and the completion of Purchases. 

Availability, Errors and Inaccuracies

We are continuously updating product and service offerings on the Service. We may experience delays in updating information on the Service and in our advertising on other websites. The information found on the Service may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Service and we cannot guarantee the accuracy or completeness of any information found on the Service.

We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

Subscriptions

Some parts of the Service are billed on a subscription basis (“Subscription(s)”). You will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription.

At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or Castos cancels it. You may cancel your Subscription renewal through your online account management page.

A valid payment method (“Authorized Payment Method”), including credit card, is required to process the payment for your Subscription. You shall provide Castos with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. By submitting an Authorized Payment Method, you automatically authorize Castos to charge all Subscription fees incurred through your account to any such payment instruments.

Should automatic billing fail to occur for any reason, Castos may issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.

Trial Period

We may offer a promotional fee or discounted trial period (“Trial Period”) anytime. To activate the Trial Period, you must (i) subscribe to the eligible plan of your choice; and (ii) provide an Authorized Payment Method at enrollment. Upon the expiration of the Trial Period, we will charge your Authorized Payment Method the full price of the applicable plan starting on the day the Trial Period ends unless you have canceled before the expiration of the Trial Period. You will then be charged monthly or annually, as applicable, at the then-current rate for your selected plan until you cancel or change to a different one. Before the expiration of the Trial Period, we will notify you of the upcoming end of your Trial Period by email to your Primary Email Address. If the Authorized Payment Method we have on file for you is declined, you must provide us with a new, valid Authorized Payment Method, or we reserve the right, without further notice, to immediately suspend or cancel your Account and your continued use of the Platform. 

Upgrades or Downgrades

‍Any change (including any upgrade, downgrade, or other modification) to any plan by you in a Trial Period will end the trial immediately.  Upon upgrading, you will immediately be billed for your first term period (i.e., the first annual or monthly period). Your Authorized Payment Method will automatically be charged the new rate on your next billing cycle for any upgrade or downgrade in plan level after any trial period. You will be billed immediately for the prorated difference for the current billing cycle for any upgrade to any higher-priced plan during that billing cycle. If a plan downgrade causes a credit to your Account, this credit will be used toward your next billing cycle(s). This credit will not be refunded.

Fee Changes

Castos, in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.

Castos will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.

Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.

If you upgrade from a free trial to any paid Plan, we will immediately bill you for the applicable Subscription Fees. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account.

Refunds

Certain refund requests for Subscriptions may be considered by Castos on a case-by-case basis and granted in sole discretion of Castos. Specifically, refunds may be given in the event of a material or security breach, or if Castos no longer fuflills their role as a hosting and distribution platform.

Content

Our Service allows you to upload, post, link, store, share, transmit and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for the Content that you post on or through the Service, including its legality, reliability, and appropriateness.  This means that you, and not Castos, are entirely responsible for all Content, and other users of the Service, and not Castos, are similarly responsible for all Content.

By posting Content on or through the Service, You represent and warrant that: (i) the Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, (ii) that the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, intellectual property rights, contract rights or any other rights of any person or entity, and (iii) any factual information presented in your Content is accurate and complete in all material respects. We reserve the right to terminate the account of anyone found to (x) be infringing or violating any privacy rights, publicity rights, intellectual property rights, contract rights or any other rights of any person or entity, (y) violate these Terms or (z) be deemed objectionable by us.

You acknowledge and agree that Castos has no obligation to pre-screen Content, although Castos reserves the right in its sole discretion to pre-screen, refuse or remove any Content.

Castos has the right but not the obligation to monitor all Content provided by users.

Those customers utilizing Castos’ Republishing feature are subject to YouTube’s Terms of Service.

In addition, Content found on or through this Service are the property of Castos or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.

Removal of Content

In addition to what is set forth above, Castos may, reject, refuse to post, remove, or block access to any Content, at any time and without notice, for any reason or no reason, and without liability. Additionally, we may notify you if we determine that any of your Content is inappropriate or does not comply with this Agreement, any posted policies, or applicable law.

Prohibited Conduct

In the interest of maintaining a functional environment for Castos users, certain activities are prohibited. The following represents a partial list of the activities that are prohibited when using any of the Services. The prohibited activities include, but is not limited to this partial listing.

When using the Services YOU AGREE NOT TO:

  • Upload, disseminate, distribute, transmit, engage in, link to or otherwise display Content that: (i) is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, that exploits the images of children under 18 years of age, discloses personally identifying information belonging to children under 18 years of age, or that is otherwise objectionable.
  • Use another’s podcast as your own; (ii) may not be made available under any law or under contractual or fiduciary relationships (such as confidential or proprietary information learned as part of an employment relationship or under a non-disclosure agreement); (iii) consists of unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, commercial electronic messages or any other form of solicitation; (iv) contains software viruses or any other code, files or programs designed to interrupt, destroy or limit the functionality of any software or hardware; or (v) consists of information that you know or have reason to know is false or inaccurate.
  • Upload any unlawfully recorded conversation.
  • Create or maintain a Castos Website that contains hyperlinks to content that is prohibited by Castos.
  • Use automated means, including spiders, robots, crawlers, or the like to download, extract or otherwise gather data from any Castos network or database.
  • Upload, disseminate, distribute, transmit, link to or otherwise display Content that infringes on any patent, trademark, service mark, trade secret, copyright or other proprietary rights, including the right of privacy and the right of publicity (collectively, “Intellectual Property Rights”) of any third party.
  • Upload, disseminate, transmit, link to or otherwise display Content that contains software viruses, worms, Trojan horses, time bombs, logic bombs, keystroke logging, or any other computer codes, files or programs designed to interrupt, destroy, impair or limit the functionality of any computer software, hardware, telecommunications equipment or other device or equipment.
  • Employ misleading email addresses or falsify information in the header, footer, return path, or any part of any communication, including emails, transmitted through the Services.
  • Transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
  • Attack the Services via a denial-of-service attack or a distributed denial-of-service attack.
  • Use the Services in any manner that could disable, overburden, damage, or impair the Services or interfere with any other user’s use of the Services, including his or her ability to engage in real time activities through the Services.
  • Use any device, software or routine that interferes with the proper working of the Services.
  • Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Services, the server on which the Services is stored, or any server, computer or database connected to the Services.
  • Modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link to, display or in any way exploit any Content from any Castos database, including, without limitation, by incorporating data from any Castos database into any email or “white-pages” products or services, whether browser-based, based on proprietary client-site applications, web-based, or otherwise.
  • Use the Services or access the platform any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
  • To impersonate or attempt to impersonate us, our employees, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm us or other users of the Services or expose them to liability.
  • Use any manual process to monitor or copy any of the material on the Services or for any other unauthorized purpose without our prior written consent.
  • Access the Services after your account or access to it has been terminated.

Accounts

When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders at our sole discretion.

Acceptable Use

You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Service’s systems or networks, or any systems or networks connected to the Service. This includes but is not limited to use of the Service in a way that requires unreasonable commercial efforts on Service’s part or creates a burden with regard to network, support, technical or staffing resources.

You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site.

If it is determined that your use of the Service is unwarranted, or used in a way contrary to the designs of the Service we may at any time suspend or terminate your account, or inact changes to the billing structure associated with your account.

You may not use the Service or any Content for any purpose that is unlawful or prohibited by these Terms of Service, or to solicit the performance of any illegal activity or other activity which infringes the rights of Seriously Simple Podcasting, Castos, or others.

Privacy

Your privacy is very important to us, which is why we’ve created a separate Privacy Policy in order to explain in detail how we collect, manage, process, secure, and store your private information. Our privacy policy is included under the scope of this User Agreement. To read our privacy policy in its entirety, click here. This information further details our commitment to your privacy under GDPR.

Intellectual Property The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of Castos and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Castos.

Links To Other Web Sites

Our Service may contain links to third party web sites or services that are not owned or controlled by Castos.

Castos has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

You acknowledge and agree that Castos shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third party websites or services that you visit.

Termination

We may terminate or suspend your account and bar access to the Service under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms. Written notice via email will be given when the Service is scheduled to be Terminated, and in the event that a customer is in breach of the Terms they will have 48 hours to become compliant before their account is automatically terminated.

Castos also reserves the right to temporarily or permanently suspend your ability to access the Services, without liability, if it determines, in its sole discretion, that you are engaging in abusive or excessively frequent use of the Services.

You may cancel your subscription and terminate your account at any time from within the Castos dashboard.

Upon termination of these Terms for any reason: (i) Castos, in its sole discretion, may remove and discard your Content and information; (ii) you will immediately cease your use of the Services; and (iii) all provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Indemnification

You agree to defend, indemnify and hold harmless Castos and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) a breach of these Terms, or b) Content posted on the Service.

Limitation Of Liability

IN NO EVENT SHALL CASTOS, NOR ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (I) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE; (II) ANY CONTENT OBTAINED FROM THE SERVICE; AND (II) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

Disclaimer

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,  CASTOS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED OR ARISING FROM STATUTE, COURSE OF DEALING, USAGE OF TRADE OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OR COURSE OF PERFORMANCE.

CASTOS ITS SUBSIDIARIES, AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT A) THE SERVICE WILL FUNCTION UNINTERRUPTED, SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; B) ANY ERRORS OR DEFECTS WILL BE CORRECTED; C) THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR D) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS.

Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

Procedure for Making Claims of Copyright Infringement

If you believe that your work has been made available through the Services in a way that constitutes copyright infringement, please provide Castos’ Agent for Notice of Copyright Claims the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) a description of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) a description of the material that you claim is infringing and where that material may be accessed within the Services; (d) your address, telephone number and email address; (e) a statement by you that you have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement from you that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, please contact Castos’ Agent for Notice of Copyright Claims. Castos’ Agent for Notice of Copyright Claims can be reached as follows:

Agent for Notice of Copyright Claims
1209 North Orange Street 

Wilmington, DE 12901
Email: [email protected] 

Governing Law

These Terms shall be governed and construed in accordance with the laws of Delaware, 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. 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 and replace any prior agreements we might have had between us regarding the Service. In the event of any conflict between or among these Terms and any end user license agreement, privacy policy or usage guidelines to which these Terms refers, the terms and conditions of these Terms shall take precedence and govern.  

California Users & Residents

In accordance with California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting such unit in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.

General Provisions

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. What constitutes a material change will be determined at our sole discretion. Notifications of change in these Terms will be provided by email to all users of the Service.

By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

Except as otherwise expressly provided in these Terms, there shall be no third-party beneficiaries to these Terms. For the purposes of these Terms, the words “such as,” “include,” “includes” and “including” shall be deemed to be followed by the words “without limitation.” You may not assign or delegate any right or obligation under these Terms without the prior written consent of Castos. The failure of Castos to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is held to be invalid or unenforceable under applicable law, then such provision shall be construed, limited, modified or, if necessary, severed to the extent necessary to eliminate its invalidity or unenforceability, without in any way affecting the remaining parts of these Terms. Any prevention of or delay in performance by Castos hereunder due to labor disputes, acts of god, failure of the Internet, governmental restrictions, enemy or hostile governmental action, fire or other casualty or other causes beyond its reasonable control shall excuse the performance of its obligations for a period equal to the duration of any such prevention or delay.

Contact Us

If you have any questions about these Terms, please contact us at [email protected].

Castos runs entirely on renewable energy.