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Terms and conditions

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By accessing or using Recast, you agree to be legally bound by Terms and Conditions. Please read this document carefully. If you do not agree with one or more provisions of these Terms and Conditions, you should not use Recast.

1. General information

1.1 These Recast Terms and Conditions (the “Terms”) constitute a legally binding agreement between an individual user or an entity (“you” and “your”) accessing the website https://reca.st, the related software and services (collectively, “Recast”) and the owner and operator of Recast, namely, Recast, LLC, a Delaware company having an address at 2021 Fillmore St #146, San Francisco, CA 94115, USA (“we”, “us”, and “our”). Recast is a software product that allows you to transform online content (e.g. articles and text) into another format (e.g. audio).

1.2 License to use Recast. We grant you a worldwide, personal, revocable, non-exclusive, non-transferable and limited license to use Recast pursuant to these Terms.

1.3 Disclaimer. Although we regularly monitor the information available on Recast, we cannot guarantee the accuracy, reliability, currency, relevance, and completeness of all information, whether provided by us, the users of Recast or by third parties.

1.4 Third-party links. Recast may contain links to websites, applications, and other online sources owned and operated by third parties. We are not responsible or liable in any manner for the content of such third-party links, information, and advertisements, as well as the security and privacy practices deployed by the operators of the third-party websites. Please exercise your due diligence before clicking on any of such third-party links or advertisements.

1.5 Support. Any general requests for customer support should be addressed to us by email at hello@reca.st.

1.6 Minors. Recast is not marketed and intended for use by persons under the age of 18.

1.7 Privacy and other relevant terms. The documents that include important provisions regarding your use of Recast and should be read and interpreted together with these Terms are our:

i. Privacy Policy which describe in detail how we handle your personal data collected through Recast;

ii. Our Intellectual Property Policy that governs the intellectual property made available on Recast, accessed through Recast, processed through Recast, or generated by using Recast; and

iii. Other individual terms and conditions made available by us on Recast.

2. Fees and Payments

2.1 The Fees. Your use of Recast is subject to the applicable service fees (the “Fees”). By concluding a sales contract with us (i.e. purchasing your plan), you agree to pay the Fees for each billing cycle in accordance with these Terms, the terms and conditions of your chosen payment plan, and other terms and conditions in force at the moment the sale contract is concluded. The Fees are billed at the beginning of each billing cycle. Some of the plans available on Recast may be subject to automatic recurring payments. If you choose such a plan, we will automatically renew the subscription plan based on its renewal cycle and your credit card will be charged the Fees due (unless you cancel the subscription prior to the expiration of then-current subscription term). The Fees remain valid for as long as (i) they are featured on Recast or (ii) as communicated by us. The Fees are subject to a change with at least 30 calendar days prior notice to you (if you hold a plan) or without notice (if you do not hold a plan).

2.2 Taxes. Unless indicated otherwise, the Fees exclude all applicable sale taxes, levies, and other duties. You are responsible for paying the said taxes.

2.3 Payment of the Fees. The Fees can be paid by using a credit card. All payments are processed by our payment processor Stripe. You are responsible for ensuring that all payment information is correct and the funds necessary for paying the Fees are available. You shall not hold us liable for payments that do not reach us due to your error (e.g., incorrect payment information) or if your payment is refused for any other reason.

2.4 Refunds. Unless specified otherwise on Recast or there is an error on our side, we do not issue refunds for any Fees paid.

2.5 Cancellation of subscription. If you hold a subscription plan, your subscription plan must be canceled at least 3 calendar days prior to expiration of then-current billing period through your user account to avoid automatic renewal and charge. If you cancel your subscription later, the cancellation will not be guaranteed. The cancellation request can be submitted through your user account or by contacting us at hello@reca.st. Your inactivity on Recast does not substitute your request for the cancellation of your subscription.

2.6 Trial period. We offer a free trial period that allows you to try Recast free of charge. The trial period may have limitations with regard to its length, to the amount of audio provided, and to available functions of Recast. As soon as your trial period expires, you will be invited to choose a plan, subject to the Fees. You are entitled to use a free trial only once. We reserve the right, at our sole discretion, to refuse registration of your user account, if we have grounds to believe that your use of Recast breaches our free trial policy.

3. User Account

3.1 Registration of User Account. In order to use the full functionality of Recast (e.g. convert your files), you must register a user account (the “User Account”). Before creating the User Account, you will be requested to read and accept these Terms, our Intellectual Property Policy, and review our Privacy Policy. Your User Account is not transferable and you are solely responsible for any activities occurring through your User Account. We reserve the right, at our sole discretion, to refuse registration of any User Account for any reason whatsoever.

3.2 Your warranties. By registering your User Account, you acknowledge, agree, and warrant that:

i. You will comply with these Terms and all applicable local, state, national and foreign laws, treaties, and regulations in connection with your use of Recast;

ii. You provide only true, accurate, complete, and up-to-date personal data;

iii. You will update your user Account as soon as any changes to your personal data or other information occur;

iv. You can conclude legally binding contracts with us;

v. You will register a single User Account (multiple User Accounts are not permitted); and

vi. You are a human individual.

3.3 Security of User Account. You are solely responsible for maintaining the confidentiality of your User Account, including keeping secure your login details. You agree to immediately notify us about allegedly unauthorized use of your User Account or any other security breach related to your User Account. You are also responsible for using a secure Internet connection and protected networks while using Recast. We cannot and will not be liable for any loss or damage resulting from your failure to comply with these security obligations

3.4 Deletion of User Account. At any time, you may delete your User Account through your dashboard. Upon deletion of the User Account, these Terms shall terminate.

3.5 Suspension and termination of the Account. We reserve the right to suspend or terminate your Account if you fail to pay the Fees or, at our sole discretion, we have grounds to believe that your use of Recast seriously and repeatedly breaches these Terms. We may also suspend or terminate your User Account upon a lawful request of a public authority.

4. Intellectual Property

For the rules and procedures governing the intellectual property made available on Recast, accessed through Recast, processed through Recast, or generated by using Recast, please refer to our Intellectual Property Policy.

5. Prohibited Use

Recast can be used for lawful purposes only. Please be advised that we work closely with law enforcement and we report any inappropriate content that may infringe applicable laws. You are not permitted to use Recast_ _in any manner that substitutes or contributes to the following activities (the list is representative and not exhaustive):

Any unlawful activity, including violation of any laws, statutes, ordinances, or regulations;
Intellectual property (e.g. copyright, trademark, or access rights) infringement;
Any unauthorized access to machines, programs, data, or committing any other forms of cyber offenses;
Fraud;
Provision of false, inaccurate, or misleading information;
Spreading of malware (e.g., viruses, worms, Trojan horses), spam, and other illegal messaging;
Spreading ethnically, racially, or otherwise objectionable information;
Spreading sexually explicit, libelous, harassing, defamatory, abusive, profane, vulgar, threatening, hateful, obscene behavior and terrorism-related content;
Copying, distributing, renting, reselling, modifying, compromising, damaging, disabling, impairing, and overburdening Recast;
Interfering with or abusing other users of Recast;
Using bots, scripts, and other automated methods; and
Collecting and disclosing any information about other users of Recast.

6. Availability And Force Majeure

6.1 We put reasonable efforts to ensure that Recast is always accessible to you. However, the availability of Recast may be affected by factors, which we cannot control, such as bandwidth problems, equipment failure, acts and omissions of third-parties, or force majeure events, including, but not limited to: strikes; work stoppages; accidents; acts of war or terrorism; civil or military disturbances; nuclear or natural catastrophes and interruptions; shortage of supply, breakdowns, loss or malfunctions of utilities and communications or computer (software and hardware) services. We take no responsibility for the unavailability of Recast caused by such factors.

6.2 The content generated by you by using Recast (e.g. podcast episodes) will be stored in our systems and made available to you as long as your User Account is active. Upon expiration, termination, or deletion of your User Account, your access to any content on Recast will cease and we will remove your content from our systems. Your content may also be removed (in part or in full) upon receipt of a copyright infringement (DMCA) notice referring to your content.

7. Disclaimer Of Warranties

7.1 We provide Recast on “AS AVAILABLE”, “AS IS”, and “WITH ALL FAULTS” basis. To the extent permitted by the applicable law, we do not make any representations or warranties about the reliability, suitability, and accuracy, for any purpose, of Recast, the content provided by you or third parties for processing through Recast, or other content featured on or access by using Recast, and hereby disclaim all warranties regarding Recast and its operation.

7.2 It is your sole responsibility to verify and assess the fit for the purpose of Recast prior to using it and to decide whether or not Recast fits for the intended use.

7.3 By using Recast, you acknowledge that we may use third-party suppliers to provide software, hardware, storage, networking, and other technological services. The acts and omissions of third-party suppliers may be outside of our reasonable control. To the maximum extent permitted by law, we exclude any liability for any loss or damage resulting from the acts and omissions of such third-party suppliers.

7.4 Nothing in these Terms shall affect any statutory rights that you are entitled to as a consumer and that you cannot contractually agree to alter or waive.

8. Limitation Of Liability

8.1 Unless otherwise excluded or limited by the applicable law, we will not be liable for any damages, including, but not limited to, incidental, punitive, special or other related damages, arising out or in connection with your use of Recast, any content made available through Recast, whether provided by us or by third parties, any transactions concluded through Recast, or use of Recast for unauthorized or unlawful purposes. You agree not to hold us liable in respect of any losses arising out of any event or events beyond our reasonable control.

8.2 This Section 8 shall apply whether or not we have been advised of or should have been aware of the possibility of any such losses arising.

9. Indemnification

You agree to indemnify, defend and hold us, our subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including attorneys’ fees, made by any third party due to or arising out of your breach of these Terms, your use of Recast, or your violation of any law or the rights of a third party.

10. Severity

In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such a provision shall nonetheless be enforceable to the fullest extent permitted by the applicable law, and the unenforceable portion shall be deemed to be severed from these Terms. The validity and enforceability of the remaining provisions shall not be affected as a result.

11. Governing Law And Disputes

11.1 Governing law. These Terms shall be governed and construed in accordance with the laws of California, USA, without regard to its conflicts of law provisions.

11.2 Jurisdiction. You agree to resolve any disputes arising out of or relating to these Terms by means of negotiation with us. If the dispute cannot be resolved by means of negotiation, the dispute shall be submitted to courts in California, USA. This Section 11 does not affect any statutory rights that you are entitled to as a consumer.

12. Miscellaneous

12.1 Term and termination. The Terms enter into force on the date indicated at the top of the Terms or when you accept them and remain in force until updated or terminated by us.

12.2 Amendments. We reserve the right to modify these Terms at any time, effective upon posting of an updated version on Recast. Such amendments may be necessary due to new features of Recast, changes in the requirements of laws, regulations, or our business practices. We will send you a notification (if we have your email address) about any material amendments to the Terms that may be of importance to you. You are responsible for regularly reviewing these Terms. Your continued use of Recast after any changes shall constitute your consent to such changes. We also reserve the right to modify the services provided through Recast at any time, at our sole discretion.

12.3 Breach of the Terms. If we believe, at our sole discretion, that you violate these Terms and it is appropriate, necessary or desirable to do so, we may:

Send you a formal warning;
Temporarily or permanently prohibit your use of Recast;
Report you to the relevant public authorities; or
Commence a legal action against you.

12.4 Transfer of rights. You are not allowed to assign your rights under these Terms. We are entitled to transfer our rights and obligations under these Terms entirely or partially to a third party by giving a prior notice to you. If you do not agree to the transfer, you can terminate these Terms with immediate effect by deleting your User Account, cancelling the Fees, and ceasing to use Recast.

12.5 Merger or acquisition. In the event we, during the term of these Terms, are acquired, merged, or sell all or substantially all of our assets, these Terms shall not automatically be terminated and we agree to use our best efforts to ensure that the transferee or surviving company shall assume and be bound by the provisions of these Terms.

12.6 Entire agreement. These Terms, together with the documents referred to therein, represent the entire agreement between you and us regarding your relationship with us and govern your use of Recast.

13. Contact

If you have any questions about these Terms, please contact us by using the following contact details:

Email:
hello@reca.st
Postal address:
Recast, LLC, 2021 Fillmore St #146, San Francisco, CA 94115, USA