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Terms of Service

Last Updated: January 1, 2025

1. Acceptance of Terms

By downloading, installing, or using CastKeeper ("the App"), you agree to be bound by these Terms of Service. If you do not agree to these terms, do not use the App.

2. Description of Service

CastKeeper is a podcast archiving and playback application that allows you to:

  • Search for and subscribe to podcasts via public RSS feeds
  • Download and archive podcast episodes to your device or chosen storage service
  • Play audio content locally on your device
  • Sync your library across your devices using iCloud or third-party storage services
  • Generate transcriptions and chapter markers using on-device AI

3. Your Responsibilities

Content Ownership

You are solely responsible for ensuring you have the right to download, store, and play any podcast content you archive using CastKeeper. Podcasts are copyrighted works owned by their creators and publishers.

Personal Use

CastKeeper is intended for personal, non-commercial use only. You may not redistribute, sell, publicly perform, or create derivative works from content archived through the App.

Storage Services

If you choose to use third-party storage services (such as Cloudflare R2 or other compatible services), you are responsible for:

  • Complying with their terms of service
  • Managing your own account credentials securely
  • Any costs associated with storage and data transfer
  • Backing up your data appropriately

Compliance

You agree to use the App in compliance with all applicable laws and regulations, including but not limited to copyright laws, privacy laws, and terms of service of podcast providers.

4. Privacy & Data

CastKeeper is designed with privacy as a core principle:

  • All podcast processing (transcription, chapter generation, AI features) occurs on your device
  • We do not collect, store, or transmit your listening data
  • Your podcast library syncs via iCloud (using your Apple ID) or your chosen storage provider
  • We do not have access to your podcast archives, playback history, or any user-generated content
  • We do not use analytics or tracking tools that identify individual users

For complete details, please review our Privacy Policy.

5. Intellectual Property

Podcast Content

All podcast content accessed through the App remains the property of its respective creators, publishers, and copyright holders. CastKeeper does not claim ownership of any podcast content. You acknowledge that downloading and archiving podcast content does not transfer any ownership rights to you.

App Ownership

CastKeeper, including its software, design, user interface, features, and documentation, is owned by 121 Gigawatz LLC and protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, sell, or lease any part of the App or its underlying code.

6. Disclaimers

AS-IS Basis

The App is provided "as is" and "as available" without warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.

No Guarantees

We do not guarantee that:

  • The App will be error-free, uninterrupted, or free from viruses or other harmful components
  • Podcast feeds will always be available, accurate, or up-to-date
  • Downloaded content will be permanently preserved or accessible
  • Third-party storage services will function as expected or be continuously available
  • On-device AI features will produce perfect or error-free results
  • The App will be compatible with future operating system updates

Content Accuracy

We are not responsible for the accuracy, quality, legality, appropriateness, or availability of podcast content accessed through the App, or any AI-generated content. Podcast content is provided by third-party creators and distributors.

7. Limitation of Liability

To the maximum extent permitted by applicable law:

No Consequential Damages

We are not liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to:

  • Loss of data or archived content
  • Loss of profits or revenue
  • Loss of use or enjoyment of the App
  • Costs of procurement of substitute services
  • Storage service fees or charges

Data Loss

You are solely responsible for backing up your podcast library and any generated content (such as transcriptions or notes). We are not liable for any loss of data, whether due to app errors, device failures, storage service issues, software bugs, or any other cause.

Maximum Liability

Our total liability to you for any claims arising from your use of CastKeeper shall not exceed the amount you paid for the App.

8. Third-Party Services

CastKeeper integrates with or references third-party services including:

  • iTunes Search API for podcast discovery
  • RSS feed providers for podcast content distribution
  • Apple iCloud and CloudKit for optional cloud sync
  • Cloudflare R2 and other compatible storage services (optional)
  • Podcast hosting platforms and content delivery networks

Third-Party Responsibility

We are not responsible for:

  • The availability, accuracy, functionality, or content of third-party services
  • Changes to third-party APIs, terms of service, or pricing
  • Costs incurred from third-party service usage
  • Data loss or security breaches at third-party services
  • Termination or modification of third-party services

Your Agreements

Your use of third-party services through CastKeeper is subject to those services' own terms and conditions. You are responsible for reviewing and complying with such terms.

9. Copyright & DMCA

Respect for Copyright

CastKeeper respects the intellectual property rights of content creators and copyright holders, and will not allow any new content to be archived to cloud storage that is not private to the user. While the App allows you to download and archive publicly available podcast content, you are responsible for ensuring your use complies with applicable copyright laws. Any distribution of archived content to third parties is at your own risk, and you are legally responsible for any copyright violations.

DMCA Notifications

If you believe that content available through the App infringes your copyright, please contact us at support@castkeeper.app with:

  • A description of the copyrighted work you claim has been infringed
  • Information about where the allegedly infringing material is located
  • Your contact information
  • A statement that you have a good faith belief that the use is not authorized
  • A statement that the information in your notice is accurate
  • Your physical or electronic signature

User Compliance

You agree not to use the App to infringe upon any copyrights or other intellectual property rights. Any distribution of copyrighted content to third parties is at your own risk, and you are legally responsible for any copyright violations.

10. Modifications to Service

We reserve the right to:

  • Modify, update, or discontinue the App or any features at any time
  • Update these Terms of Service at any time
  • Change App features, functionality, or pricing for future versions
  • Discontinue support for older operating system versions

Continued use of the App after changes constitutes acceptance of modified terms.

11. Termination

You may stop using the App at any time by deleting it from your devices. Upon deletion:

  • Your iCloud sync data may persist according to Apple's retention policies
  • Data in third-party storage services will remain until you delete it

We reserve the right to terminate or restrict your access to certain features if you violate these terms, though the offline nature of the App limits enforcement mechanisms.

12. Apple-Specific Terms

If you access CastKeeper through the Apple App Store, the following additional terms apply:

  • These terms are between you and 121 Gigawatz LLC, not Apple
  • Apple has no obligation to provide support or maintenance for the App
  • Apple is not responsible for any product warranty claims
  • Apple is not responsible for addressing any claims you or third parties have relating to the App
  • You acknowledge that Apple and Apple's subsidiaries are third-party beneficiaries of these terms

13. Governing Law & Disputes

These Terms are governed by the laws of the Commonwealth of Virginia, United States, without regard to conflict of law provisions.

Any disputes arising from these terms or your use of the App shall be resolved in the state or federal courts located in Virginia, and you consent to the personal jurisdiction of such courts.

14. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

15. Entire Agreement

These Terms of Service, together with our Privacy Policy, constitute the entire agreement between you and 121 Gigawatz LLC regarding the use of CastKeeper and supersede any prior agreements.

16. Contact Information

For questions, concerns, or notices regarding these Terms of Service, please contact us at:

Support: support@castkeeper.app

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