Terms of Service

Last updated: Jan 15, 2024

TERMS OF SERVICE

1. Introduction
Welcome to GPTPodcast, LLC (referred to in these terms as “we”, “our” and “us”)! As you have just clicked our Terms of Service, please pause, grab a cup of coffee and carefully read the following pages. It will take you approximately 20 minutes.

These Terms of Service (“Terms”, “Terms of Service”) govern your use of our odds data, data feeds, website and any other services provided at https://thegptpodcast.com and Custom LLM (the “Service”) operated by GPTPodcast, LLC.

Our Privacy Policy also governs your use of our Service and explains how we collect, safeguard and disclose information that results from your use of our web pages.

Your agreement with us includes these Terms and our Privacy Policy (“Agreements”). You acknowledge that you have read and understood the Agreements, and agree to be bound by them.

You may not use the Service for any revenue-generating endeavor or commercial enterprise.

If you do not agree with (or cannot comply with) these Agreements, then you may not use the Service, but please let us know by emailing support@thegptpodcast.com so we can try to find a solution. These Agreements apply to all visitors, users and others who wish to access or use the Service.

Thank you for being responsible.

2. 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 by emailing support@thegptpodcast.com

3. Purchases
If you wish to purchase any product or service made available through 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.

We may employ the use of third party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.

We reserve the right to refuse or cancel your order at any time for reasons including but not limited to product or service availability, errors in the description or price of the product or service, errors in your order or other reasons.

We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.

4. Contests, Sweepstakes and Promotions
Any contests, sweepstakes or other promotions (collectively, “Promotions”) made available through Service may be governed by rules that are separate from these Terms of Service. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms of Service, Promotion rules will apply.

5. 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 we cancel it. You may cancel your Subscription renewal either through your online account management page by typing in /delete_account into the bot, then canceling via the stripe link that is presented, instantly.

A valid payment method, including credit card or PayPal, is required to process the payment for your subscription. You shall provide us with accurate and complete billing information including full name, address, state, zip code, telephone number, and valid payment method information. By submitting such payment information, you automatically authorize us to charge all Subscription fees incurred through your account to such payment instruments.

Should automatic billing fail to occur for any reason, we will 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.

6. Free Trial

We may, in our sole discretion, offer a Subscription with a free trial for a limited period of time (“Free Trial”).

You may be required to enter your billing information in order to sign up for a Free Trial.

If you do enter your billing information when signing up for a Free Trial, you will not be charged until the Free Trial has expired. On the last day of the Free Trial period, unless you cancel your Subscription, you will be automatically charged the applicable Subscription fees for the type of Subscription you have selected.

At any time and without notice, we reserve the right to (i) modify these Terms of Service of any Free Trial offer, or (ii) cancel any Free Trial offer.

You may not sign up for multiple free trials using different identification information (names, email addresses, and identities).

7. Fee Changes

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

We will provide you with 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.

8. Refunds

Except when required by law, paid Subscription fees are non-refundable.

9. Content

Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for Content that you post on or through the Service, including its legality, reliability, and appropriateness.

By posting Content on or through 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 right and license provided in these Terms, and (ii) that the posting of your Content on or through Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing our rights or the rights of any third party.

You retain any and all of your rights to any Content you submit, post or display on or through Service and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third party posts on or through Service. However, by posting Content using Service you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms.

We have the right but not the obligation to monitor and edit all Content provided by users.

In addition, all Content other than user-generated Content found on or through this Service is the property of GPTPodcast, LLC. or used with permission.

You may not distribute, modify, transmit, reuse, download, repost, copy, or use such Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.

10. Prohibited Uses

You may use the Service only for lawful purposes and in accordance with these Terms. You agree not to use Service:

(a) In any way that violates any applicable national or international law or regulation.

(b) For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content or otherwise.
(c) To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter,” “spam,” or any other similar solicitation.
(d) To impersonate or attempt to impersonate us, our employees, another user, or any other person or entity.
(e) In any way that infringes upon the rights of others, or in any way is illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.
(f) To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of Service, or which, as determined by us, may harm or offend us or users of Service or expose them to liability.

Additionally, you agree not to:

(a) Use Service in any manner that could disable, overburden, damage, or impair the Service or interfere with any other party’s use of Service, including their ability to engage in real time activities through Service.
(b) Use any robot, spider, or other automatic device, process, or means to access the Service for any purpose, including monitoring or copying any of the material on the Service.
(c) Use any manual process to monitor or copy any of the material on the Service or for any other unauthorized purpose without our prior written consent.
(d) Use any device, software, or routine that interferes with the proper working of the Service.
(e) Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful.
(f) Attempt to gain unauthorized access to interfere with, damage, or disrupt any parts of the Service, the server on which the Service is stored, or any server, computer, or database connected to the Service.
(g) Attack Service via a denial-of-service attack or a distributed denial-of-service attack.
(h) Take any action that may harm us or damage the Service.
(i) Otherwise attempt to interfere with the proper working of the Service.
(j) Use the Service as part of any effort to compete with us or otherwise use the Service and/or the Content for any revenue-generating endeavor or commercial enterprise.

12. No Use By Minors

Service is intended only for access and use by individuals at least eighteen (18) years old. By accessing or using the Service, you warrant and represent that you are at least eighteen
(18) years of age and with the full authority, right, and capacity to enter into the Agreements and abide by the Terms. If you are not at least eighteen (18) years old, you are prohibited from both accessing or using the Service.

13. 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.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.

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

14. Intellectual Property

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

17. Copyright Policy

We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Service infringes on the copyright or other intellectual property rights (“Infringement”) of any person or entity.

If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim as outlined below.

You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

(a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright's interest;

(b) a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
(c) identification of the URL or other specific location on the Service where the material that you claim is infringing is located;
(d) your address, telephone number, and email address;
(e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
(f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

18. Confidentiality

From time to time, we may disclose or make available to you, our proprietary information which is not generally known to the public that we use, developed or have obtained (“Confidential Information”). Without limiting the foregoing: (a) if we discuss information about our Services with you, such discussions are considered GPTPodcast, LLC's Confidential Information; (b) if you learn it behind our paywall, it is considered GPTPodcast's Confidential Information; and (c) if your Subscription includes delivery o data or a data feed (“Service Data”), such Service Data shall be considered GPTPodcast's Confidential Information. Confidential Information does not include any information that: (w) is or becomes generally available to the public other than as a result of Receiving Party's breach of this section; (x) is or becomes available to you on a non-confidential basis from a third-party source, provided that such third party is not and was not prohibited from disclosing such Confidential Information; (y) was in your possession prior to disclosure hereunder; or (z) was or is independently developed by you without using any Confidential Information.

You must: (a) protect and safeguard the confidentiality of our Confidential Information with at least the same degree of care as you would protect your own Confidential Information, but in no event with less than a commercially reasonable degree of care; (b) not our Confidential Information, or permit it to be accessed or used, for any purpose other than to exercise your rights or perform your obligations under these Terms; and (c) not disclose any such Confidential Information to any other person or entity. If you are required by applicable law or legal process to disclose any Confidential Information, you must, prior to making such disclosure, use commercially reasonable efforts to notify us of such requirements to afford us the opportunity to seek, at our sole cost and expense, a protective order or other remedy.

You represent and warrant that you: (a) will not publish the Service or any Service Data received through the Service; (b) will not allow any person to access the Services or Service Data received; and (c) will use the Services and Service Data consistent with all applicable laws. You represent and warrant that you have obtained all requisite approvals, registrations, permits, authorizations, or licenses necessary to provide your products and services.

Notwithstanding anything herein or in any other agreement between you and us to the contrary, we may disclose, to any gaming authority or other regulatory body, without any violation of these Terms or any other agreement between you and us, a copy of these Terms and any other agreement.

19. Error Reporting and Feedback

You may report any feedback to support@thegptpodcast.com You acknowledge and agree that: (i) you shall not retain, acquire or assert any intellectual property right or other right, title or interest in or to the Feedback; (ii) we may have development ideas similar to the Feedback; (iii) Feedback does not contain confidential information or proprietary information from you or any third party; and (iv) we are not under any obligation of confidentiality with respect to the Feedback. In the event the transfer of the ownership to the Feedback is not possible due to applicable mandatory laws, you grant us and our affiliates an exclusive, transferable, irrevocable, free-of-charge, sub-licensable, unlimited and perpetual right to use (including copy, modify, create derivative works, publish, distribute and commercialize) Feedback in any manner and for any purpose.

20. Links To Other Web Sites

Our Service may contain links to third party websites or services that are not owned or controlled by us.

We have no control over, and assume 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 GPTPODCAST, LLC. 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 OF SERVICE AND PRIVACY POLICIES OF ANY THIRD PARTY WEBSITES OR SERVICES THAT YOU VISIT.

21. Disclaimer Of Warranty

THESE SERVICES ARE PROVIDED BY US ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICES, SERVICE DATA, OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED THEREIN. YOU EXPRESSLY AGREE THAT YOUR USE OF THESE SERVICES, SERVICE DATA, INFORMATION, CONTENT, AND ANY MATERIALS OBTAINED FROM US IS AT YOUR SOLE RISK.

NEITHER WE NOR ANY PERSON ASSOCIATED WITH US MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER WE NOR ANYONE ASSOCIATED WITH US REPRESENTS OR WARRANTS THAT THE SERVICES, THE SERVICE DATA, THE CONTENT, OR ANY MATERIALS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE

CORRECTED, THAT THE SERVICES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICES, SERVICE DATA, THE CONTENT, OR ANY MATERIALS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

22. Limitation Of Liability

EXCEPT AS PROHIBITED BY LAW, YOU WILL HOLD US AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, HOWEVER IT ARISES (INCLUDING ATTORNEYS' FEES AND ALL RELATED COSTS AND EXPENSES OF LITIGATION AND ARBITRATION, OR AT TRIAL OR ON APPEAL, IF ANY, WHETHER OR NOT LITIGATION OR ARBITRATION IS INSTITUTED), AND WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE, ARISING FROM THIS AGREEMENT AND ANY VIOLATION BY YOU OF ANY FEDERAL, STATE, OR LOCAL LAWS, STATUTES, RULES, OR REGULATIONS, EVEN IF WE HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EXCEPT AS PROHIBITED BY LAW, IF THERE IS LIABILITY FOUND ON OUR PART, IT WILL BE LIMITED TO THE AMOUNT PAID FOR THE SERVICE DATA AND/OR SERVICES, AND UNDER NO CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL OR PUNITIVE DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE PRIOR LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

23. Termination

We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of these Terms.

If you wish to terminate your account, you may simply discontinue using the Service.

All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

24. Governing Law

These Terms shall be governed and construed in accordance with the laws of State of Delaware 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 Service.

25. Changes To Service

We reserve the right to withdraw or amend our Service, and any service or material we provide via the Service, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Service, or the entire Service, to users, including registered users.

26. Amendments To Terms

We may amend these Terms at any time by posting the amended terms on this site. It is your responsibility to review these Terms periodically.

You are expected to check this page frequently so you are aware of any changes, as they are binding on you.

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.

27. Waiver And Severability

No waiver by us of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure by us to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms will continue in full force and effect.

28. Acknowledgement

BY USING THE SERVICE OR OTHER SERVICES PROVIDED BY US, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE AND AGREE TO BE BOUND BY THEM.

29. Contact Us

Please send your feedback, comments, requests for technical support: By email: support@thegptpodcast.com
By visiting this page on our website: https://thegptpodcast.com

This Privacy Policy outlines how GPTPODCAST, LLC (“THEGPTPODCAST”, “we”, “us”) your personal information through our website – www.convowithgpt.com, our mobile applications, our interactions with you through other modes of communication (such as SMS or instant messaging), and any other sites or services that link to this Privacy Policy (collectively, the “Services”).

The information that you obtain from the Services is provided for informational purposes only.

Our General Approach

Conversational artificial intelligence is at the technological frontier. We believe that this emerging technology will fundamentally change the way that we engage with and think about computers in our everyday lives. Ultimately, our goal is to use AI to build safe, smart, kind, and engaging conversational partners.

Our Privacy Policy reflects our belief that achieving this goal and making the technology truly useful for all will require a deep understanding of how our users talk and collaborate with AIs. As users interact with our AIs, we learn a lot about how to make AI better and more useful to you.

Users deserve transparency regarding how that process works, particularly when it comes to their data. This Policy is one part of that transparency. It documents what data we collect, how we keep it secure, and describes how we use that data to improve our Services for everyone. Here are the top level points:

When you use Our Platform, we collect data including your name, phone number, and IP address. We use this data to run Our Platform, inform improvements to the platform, keep you safe, and comply with all applicable laws.Keeping your conversations with Our Platform private and safe is our top priority, and we will never sell or share your data for advertising or marketing purposes. We have strict internal controls over the use of and access to user data.You agree to follow our Acceptable Use policy. When you talk to Our Platform, you should not try to get it to talk about harmful, abusive, or illegal topics. You also should not attempt to evade our security measures or learn about the models, algorithms, prompts, or source code of Our Platform. If our automated systems detect this activity, you may be suspended.You are not permitted to use Our Platform if you are under the age of 18.Our Platform may make up facts, events, or advice. You should never rely on anything it tells you without double-checking the facts yourself or, if appropriate, talking to a professional.Information We Collect

Information you provide to us

Contact and account information, such as your first and last name, email address, and your phone number.Content and metadata of any messages that you send using the Services or to THEGPTPODCAST directly.Communications that we exchange with you, including when you respond to our surveys or contact us with questions, feedback or otherwise.Other data not specifically listed here, which we will use as described in this Privacy Policy or as otherwise disclosed at the time of collection.Automatic data collection. We and our service providers may automatically log and combine information about you, your computer or mobile device, and your interaction over time with the Services, online resources and our communications, such as:

Device data such as your computer’s or mobile device’s operating system type and version, manufacturer and model, browser type, screen resolution, device type (e.g., phone, tablet), IP address, unique identifiers, language settings and general location information such as city, state or geographic area.Online activity data such as pages or screens you viewed, how long you spent on a page or screen, the website you visited before browsing to the Services, navigation paths between pages or screens, information about your activity on a page or screen, access times, duration of access, and whether you have opened or otherwise engage with our communications.We use the following tools for automatic data collection:

Cookies, which are text files that websites store on a visitor‘s device to uniquely identify the visitor’s browser or to store information or settings in the browser for the purpose of helping you navigate between pages efficiently, remembering your preferences, enabling functionality, and helping us understand user activity and patterns.Local storage technologies, like HTML5, that provide cookie-equivalent functionality but can store larger amounts of data, including on your device outside of your browser in connection with specific applications.Web beacons, also known as pixel tags or clear GIFs, which are used to demonstrate that a webpage or email was accessed or opened, or that certain content was viewed or clicked.Information we obtain from other sources. If you choose to contact or otherwise interact with our Services over a third-party messaging platform such as Facebook Messenger or Instagram, we will collect an identifier of your profile on these platforms.

Sensitive data. In your conversations with the Services, you may choose to provide sensitive information. This includes, but is not limited to, your religious views, sexual orientation, political views, health, racial or ethnic origin, philosophical beliefs, or trade union membership. By providing sensitive information, you consent to our use of it for the purposes set out in this Privacy Policy.

How We Use Your Information

We use personal information for the following purposes or as otherwise described at the time of collection:

Provide our Services. We use personal information to operate, maintain, and provide you with our Services. In particular, we use personal information to perform our contractual obligations under our Terms of Service.

Communicate with you about our Services. It is in our legitimate business interests to use personal information to respond to your requests, provide customer support, and communicate with you about our Services, including by sending announcements, surveys, reminders, updates, security alerts, and support and administrative messages.

Improve, monitor, personalize, and protect our Services. It is in our legitimate business interests to improve and keep our Services safe for our users, which includes:

Understanding your needs and interests, and personalizing your experience with the Services and our communications.Troubleshooting, testing, and research, and keeping the Services secure.Investigating and protecting against fraudulent, harmful, unauthorized, or illegal activity.Research and development. We may use personal information for research and development purposes where it is in our legitimate business interests, including to analyze and improve the Services and our business. As part of these activities, we may create or use aggregated, de-identified or other anonymized data from personal information we collect. We make personal information into anonymized data by removing information that makes the data personally identifiable to you. We may use this anonymized data and share it with third parties for our lawful business purposes, including to analyze and improve the Services and promote our business.

Compliance and protection. We may use personal information to comply with legal obligations, and to defend us against legal claims or disputes, including to:

Protect our, your, or others’ rights, privacy, safety, or property (including by making and defending legal claims).Audit our internal processes for compliance with legal and contractual requirements and internal policies.Enforce the terms and conditions that govern the Services.Prevent, identify, investigate and deter fraudulent, harmful, unauthorized, unethical, or illegal activity, including cyberattacks and identity theft.Comply with applicable laws, lawful requests, and legal process, such as to respond to subpoenas or requests from government authorities.Sharing Your Information

We do not sell or share your personal information with third-parties for interest-based advertising purposes . We may disclose your personal information as described below:

Service providers. We may rely on third-party service providers in furtherance of the purposes described above. In these cases, personal information may be accessed by these third-parties and processed or stored on our behalf. These service providers can include hosting services, cloud computing and storage services, maintenance services, security services, and customer support services. We also may share hashes of names and phone numbers and limited device data for advertising attribution and measurement services. This means that the recipient can recognize your name and phone number only if they already have that information from another source.

Business transferees. Personal information may be transferred to another entity in the event of a bankruptcy, change of control, or shutdown of THEGPTPODCAST. We may also transfer personal information in the course of a sale or merger of the business.

Authorities and others. If we are legally obliged or otherwise believe it necessary to do so, personal information may be disclosed to regulatory agencies, law enforcement agencies, courts, and other government authorities, including for the compliance and protection purposes described above.

Privacy Rights and Choices

Delete your account. You may request that we delete your account by contacting us as provided in the “How to Contact Us” section below.

Opt out of SMS messaging. If you wish to opt out of receiving text messages from Our Platform, reply with STOP to any mobile message sent from us. Please note that this may prevent us from sending one-time codes to your phone and may limit your experience. If you would like to allow these codes but disable all other messages, reply with PAUSE to any mobile message sent from us.

Online tracking technologies opt-out. You can opt out of third-party cookies as described in our Cookie Policy.

Personal information requests. We offer you choices that affect how we handle the personal information that we control. Depending on your location and the nature of your interactions with our Services, you may request the following in relation to your personal information:Personal information requests. We offer you choices that affect how we handle the personal information that we control. Depending on your location and the nature of your interactions with our Services, you may request the following in relation to your personal information:

Information about how we have collected and used personal information. We have made this information available to you without having to request it by including it in this Privacy Policy.Access to a copy of the personal information that we have collected about you. Where applicable, we will provide the information in a portable, machine-readable, readily usable format.Correction of personal information that is inaccurate or out of date.Deletion of personal information that we no longer need to provide the Services or for other lawful purposes.Withdrawal of consent, where we have collected and processed your personal information with your consent. Withdrawing your consent will not affect the lawfulness of any processing we conducted prior to your withdrawal, nor will it affect processing of your personal information conducted in reliance on lawful processing grounds other than consent.Additional rights, such as to object to and request that we restrict our use of personal information.To make a request, please email us or write to us as provided in the “How to Contact Us” section below. We may ask for specific information from you to help us confirm your identity. Depending on where you reside, you may be entitled to empower an authorized agent to submit requests on your behalf. We will require authorized agents to confirm their identity and authority, in accordance with applicable laws. You are entitled to exercise the rights described above free from discrimination.

Limits on your privacy rights and choices. In some instances, your choices may be limited, such as where fulfilling your request would impair the rights of others, our ability to provide a service you have requested, or our ability to comply with our legal obligations and enforce our legal rights. If you are not satisfied with how we address your request, you may submit a complaint by contacting us as provided in the “How to Contact Us” section below. Depending on where you reside, you may have the right to complain to a data protection regulator where you live or work, or where you feel a violation has occurred.

Do Not Track. Some Internet browsers can be configured to send “Do Not Track” signals to the online services that you visit. We currently do not respond to “Do Not Track” or similar signals. To find out more about “Do Not Track,” please visit http://www.allaboutdnt.com.

Security

Security is integral to the success of conversational AI: people need to trust that their data is being handled responsibly and safely in order to fully get the benefits of our Services.

Ensuring the integrity of your data is a major priority for us. THEGPTPODCAST has technical measures in place to protect personal information against unauthorized access, corruption, loss, or misuse. This includes internal measures that limit access to personal information to a dedicated set of specialist employees working on improving the safety or quality of our Services. Where possible and appropriate, we also deidentify sensitive data like conversational logs to preserve user privacy.

However, these measures are not a guarantee of absolute security and you acknowledge and accept that your use of our Services is ultimately at your own risk.

Also, please note that you are responsible for managing access to any accounts that you maintain with THEGPTPODCAST. Failure to limit access to your devices or browser might enable third-parties to have unauthorized access to your personal information.

Third-Party Websites and Content

Please be advised that you may encounter links or content through our Services that are provided by third-parties that THEGPTPODCAST does own or otherwise control. You acknowledge that any data you provide to these third-parties shall be governed solely by the terms of service, privacy policies, and other terms applicable to those third-parties.

Children

Our Services are not intended for minors under the age of 18. We do not knowingly collect or solicit personal information from minors under the age of 18. If you are a minor under the age of 18, please do not attempt to use our Services, register an account with us, or send any personal information to us.

If you believe that a minor under the age of 18 has provided personal information to us or is otherwise using our Services, please let us know immediately at privacy@thegptpodcast.com and we will seek to delete this information and revoke access as quickly as possible.

Retention

Where required under applicable laws, we retain personal information only for as long as is necessary to fulfill the purposes for which it was collected and processed, in accordance with our retention policies, and in accordance with applicable laws and regulatory obligations or until you withdraw your consent (where applicable).

To determine the appropriate retention period for personal information, we consider the amount, nature, and sensitivity of the personal information, the potential risk of harm from unauthorized use or disclosure of personal information, the purposes for which we use personal information and whether we can achieve those purposes through other means, and the applicable legal and regulatory requirements.

International Data Transfers

You will provide personal information directly to our Services in the United States. We may also transfer personal information to our affiliates, partners, and service providers in the United States and other jurisdictions. Please note that such jurisdictions may not provide the same protections as the data protection laws in your home country.

Job Applicants

When you visit the careers portion of our websites, we collect the information that you provide to us in connection with your job application. This includes but is not limited to business and personal contact information, professional credentials and skills, educational and work history and other information of the type that may be included in a resume. This may also include diversity information that you voluntarily provide. We use this information on the basis of our legitimate business interests to facilitate our recruitment activities and process employment applications, such as by evaluating a job candidate for an employment activity, to monitor recruitment statistics and to respond to surveys. We may also use this information to provide improved administration of the Services and as otherwise necessary (i) to comply with relevant laws or to respond to subpoenas or warrants served on us, (ii) to protect and defend our or others’ rights or property, (iii) in connection with a legal investigation and (iv) to investigate or assist in preventing any violation or potential violation of the law, this Privacy Policy or our Terms of Service.

Changes To This Policy

We are continuing to iterate on our Services, and this Privacy Policy will need to be updated. Please be aware that we reserve the right to modify this Privacy Policy at any time.

When we do so and unless required by law to provide an alternative notice, we will post an updated version on this page. If you choose to continue your use of our Services after such a revision, you consent to be governed by the amended Privacy Policy.

Responsible entity. THEGPTPODCAST is the entity responsible for the processing of personal information under this Privacy Policy (as a controller, where provided under applicable law).

Please reach out to the THEGPTPODCAST team at privacy@thegptpodcast.com if you have any questions or concerns pertaining to this Privacy Policy.

Privacy Snapshot

The chart below provides a high-level snapshot of our privacy practices. You need to read the entire Privacy Policy for complete information.

Category Do We Collect? How We Collect Primary Purposes of Processing Key Recipients / Disclosures Can You Limit Sharing?Identifiers such as a real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name Yes When you visit or use our Services; from third-party sites and services; when you apply for a job with us To provide our Services; to improve, monitor, and personalize our Services; to communicate with you; to process your job application Service providers NoCharacteristics of protected classifications under CA or federal law Yes When you apply for a job with us To process your job application Service providers NoCommercial information, including but not limited to records of personal property, products or services purchased, obtained or considered No N/A N/A N/A N/APersonal information categories listed in the CA Customer Records Statute (e.g., name, contact details) Yes When you visit or use our Services; from third-party sites and services; when you apply for a job with us To provide our Services; to improve, monitor, and personalize our Services; to communicate with you; to process your job application Service providers NoBiometric information No N/A N/A N/A N/AInternet or other electronic network activity information, including information regarding a consumer’s interaction with a website Yes When you visit or use our Services To provide our Services; to improve, monitor, and personalize our Services Service providers NoGeolocation data Yes When you visit or use our Services To provide our Services; to improve, monitor, and personalize our Services Service providers NoAudio, electronic, visual, thermal, olfactory or similar information No N/A N/A N/A N/AProfessional or employment-related information Yes When you apply for a job with us To process your job application Service providers NoEducation information, defined as information that is not publicly available personally identifiable information as defined in FERPA No N/A N/A N/A N/AInferences drawn from information identified to create a profile about a consumer Yes When you visit or use our Services To provide our Services; to improve, monitor, and personalize our Services Service providers NoSensitive personal information (as defined in CA Civil Code 1798.140 (ae)) Yes When you visit or use our Services; when you apply for a job with us To provide our Services; to improve, monitor, and personalize our Services; to process your job application Service providers NoCookie Policy

Last updated: May 1, 2023

This Cookie Policy explains how THEGPTPODCAST, LLC (“THEGPTPODCAST”, “we”, or “us”) uses cookies and similar technologies when you visit our Services as defined in our Privacy Policy. Here, we explain what these technologies are and why we use them, as well as your rights to control our use of them.

What are cookies and similar technologies?

Cookies. A cookie is a text file containing a string of characters that is sent to your device when you visit a website. When you visit the website again, the cookie allows that website to recognize your browser. Cookies may store user preferences and other information. Cookies set by the website owner are called “first party cookies.” Cookies set by parties other than the website owner are called “third party cookies.” Third party cookies enable third party features or functionality to be provided on or through a website (e.g., interactive content, and analytics). The parties that set these third party cookies can recognize your device both when it visits the website in question and also when it visits certain other websites.

Local storage. Local storage technologies refer to the methods that websites and applications use to store data locally on your device. The most commonly used local storage technology is called “local Storage” and is part of the HTML5 standard. This technology allows websites or applications to store data that persists even after the user closes their browser or application, or restarts their device.

Session storage. Session storage is a feature of your web browser or device that allows a website or application to temporarily store data on your device while you are actively using the website or application. This data is deleted as soon as you close your browser or application, or navigate away from the website. Websites and applications may use session storage to improve your experience and ensure that certain information is readily available during your browsing session.

Other tracking technologies. Websites and apps use a variety of other tracking technologies too, including web beacons (also known as tracking pixels), third-party tracking scripts, and analytics tools. These technologies provide data on how visitors use websites. We may also use web beacons and “clear GIFs” in communications with you to allow us to count how many people read them and to verify any clicks through to links within an email. If you do not wish for the web beacon to be downloaded onto your device, you should select to receive emails from us in plain text rather than HTML.

This Cookie Policy refers to all these technologies collectively as “cookies.”

What type of information do cookies collect?

We and our service providers may automatically log and combine information about you, your computer or mobile device, and your interaction over time with the Services, online resources and our communications, such as:

Device data such as your computer’s or mobile device’s operating system type and version, manufacturer and model, browser type, screen resolution, device type (e.g., phone, tablet), IP address, unique identifiers, language settings and general location information such as city, state or geographic area.Online activity data such as pages or screens you viewed, how long you spent on a page or screen, the website you visited before browsing to the Services, navigation paths between pages or screens, information about your activity on a page or screen, access times, duration of access and whether you have opened or otherwise engage with our communications.We use both persistent cookies and session cookies. Persistent cookies stay on your device for a set period of time or until you delete them, while session cookies are deleted once you close your web browser.

Why do we use cookies?

We only use essential cookies. These cookies are strictly necessary to provide you with our Services, by, for example, providing page navigation and access to secure areas of the Services.

How can you control cookies?

You can set your browser to block cookies, but then some parts of the Services will not work given that we only use cookies that are strictly necessary to provide you with our Services. To do this, follow the instructions in your browser settings. Many browsers accept cookies by default until you change your settings. For more information about cookies, including how to see what cookies have been set on your device and how to manage and delete them, visit www.allaboutcookies.org. Use the following links to learn more about how to control cookies and online tracking through your browser: Firefox; Chrome; Microsoft Edge; Safari.

Note that because these opt-out mechanisms are specific to the device or browser on which they are exercised, you will need to opt out on each browser and device that you use.

How often will we update this Cookie Policy?

We may update this Cookie Policy from time to time in order to reflect, for example, changes to the cookies we use or for other operational, legal or regulatory reasons. We will notify you of any material changes to this Cookie Policy prior to the changes becoming effective by posting the changes on this page and providing a more prominent notice with on-site or email notifications. Please therefore re-visit this Cookie Policy regularly to stay informed about our use of cookies and related technologies.

The date at the top of this Cookie Policy indicates when it was last updated.

Where can you get further information?

Please reach out to the THEGPTPODCAST team at privacy@thegptpodcast.com if you have any questions or concerns pertaining to this Cookie Policy.

Last updated: Jan 15, 2024

These Terms of Use (“Terms”) govern your use of GPTPODCAST, LLC (“THEGPTPODCAST”, “we”, “us”) products and services including our website and conversational AIs (“Services”).

These Terms incorporate by reference our Privacy Policy, as well as any other written policies and documentation that we may provide from time to time. You agree to use our Services in compliance with these Terms.

Your use of our Services in any manner means that you agree to the Terms. Unfortunately, if you do not agree with these Terms, you may not access or use our Services.

Our Services

THEGPTPODCAST believes that conversational AI will fundamentally reshape the way that we interact and use computers in our everyday lives. As you interact with our Services, we will learn more about how to make this emerging technology ever more helpful, collaborative, and fun to communicate with.

Given the early state of this technology, we also acknowledge that there are areas that we will need to continually improve on to make sure that our Services can reach their full potential. As part of that, you recognize that:

We will use the content of your conversations to improve our Services. We will use the content of your conversations as well as other metadata to train our models, improve our Services, and create new Services. Our uses of this data are detailed in our Privacy Policy.You must use our Services in accordance with our Acceptable Use policy. Your access to our Services is conditioned on your agreement to use the Services in accordance with these Terms generally and our Acceptable Use policy (as detailed below in “Acceptable Use”).The information you receive from our Services may not be accurate. You recognize that any information you receive from our Services may not be accurate or otherwise trustworthy. Do not rely on this information without fact-checking on your own first or consulting with a professional. Getting factuality right remains an active area of research for the entire field of conversational AI, and it remains a major priority for the development of THEGPTPODCAST services going forward. Please review the “No Warranties” section below.Registering for Our Services

You register for our Services by providing us with your name and phone number. In doing so, you agree to:

Provide us with complete and accurate registration information. You may not use a phone number that you do not control, and you may not attempt to impersonate another person in registration.If you are registering for our Services on behalf of an organization, you warrant that you are authorized to agree to these Terms on their behalf.Be responsible for the security of your account. You accept that you are solely responsible for all activities that take place through your account, and that failure to limit access to your devices or browser may permit unauthorized use by third-parties.Finally, our Services are not intended for minors under the age of 18. If you are a minor under the age of 18, please do not register for our Services or send any Personal Information to us. If you have reason to believe that a minor under the age of 18 is using our Services, please let us know immediately at privacy@thegptpodcast.com and we will seek to revoke access and delete any associated information as quickly as possible.

Acceptable Use

You agree that you will use our Services in accordance with the following rules, as well as any other written policies we may provide from time to time:

Illegal Use: You must use our Services in compliance with the law. If your use of our Services are limited by the laws applicable to you, you are not authorized to use our Services for that purpose.Harmful Uses: You may not use or attempt to use our Services to generate harmful content. Such content includes material that may lead to serious harm to yourself or others, content relating to unethical behavior, or content that may spread misinformation. This policy also bars attempts to use the Services to create content to be fraudulently represented as human-generated.Abusive Content: You may not use or attempt to use our Services to generate hateful or discriminatory content, sexually explicit content, descriptions of graphic violence, or other types of shocking material.Infringing Rights: You may not use or attempt to use our Services to infringe or violate the rights of others, including violations of the privacy of others. This includes queries to surface the personal information of individuals, including phone numbers, addresses, and other similar sensitive data.Security: You may not attempt to engage with our Services in an effort to disable, disrupt, or otherwise subvert the security of our Services. This includes attempts to bypass or disable any content moderation and safety measures implemented within our Services.Reverse Engineering: You may not use or attempt to use our Services to reverse engineer, decompile, or otherwise attempt to obtain the underlying models, algorithms, or source code of the Services. You may not engage in this or any other activities with regards to our Services to build products that may be competitive with THEGPTPODCAST.Scraping: You may not scrape or attempt to “crawl” or “spider” any page, data, or portion of our Services, either via manual or automated means.Content

You will input text and other forms of media (“Content”) during your use of our Services. You agree that you shall not input any Content that is not owned by you unless you have prior written consent from the relevant rightsholder of that Content.

While you will own any Content, you agree to provide a royalty-free, perpetual, irrevocable, and worldwide license to THEGPTPODCAST to the Content for the following limited purposes:

Operating the Services: You grant THEGPTPODCAST a license to use, reproduce, modify, or otherwise act on the Content in order to enable the provision and maintenance of the Services. This includes uses to comply with applicable laws, enable the provision of our Services across channels and platforms, ensure user safety and security, and enforce our policies.Improving the Services: You grant THEGPTPODCAST a license to use the Content to improve our Services and develop new Services. This license shall permit uses including but not limited to analysis of the content of conversations to understand opportunities for new features, the use of Content for model training and fine-tuning, and evaluating the performance of our existing Services.This license should be read alongside our Privacy Policy, which details how we use the Content and manage it internally. Please review it carefully.

Intellectual Property

THEGPTPODCAST Intellectual Property: These Terms do not provide you with any right, title, or interest in our Services, our trademarks, or other intellectual property of THEGPTPODCAST.Feedback: We welcome any and all feedback, ideas for improvement, product proposals, and other suggestions. However, if you provide this to us, you recognize that we may use this without restriction and without any further notice or compensation to you.Copyright Notices: If you believe that your copyright has been infringed by something on our Services, you can send us a DMCA compliant copyright notice by sending an email to copyright@thegptpodcast.com. On receipt of a compliant notice, we shall work to promptly remove or disable material identified as infringing. Please include the following information in your notice:A description of the work or works you claim have been infringed;A description of the content on our Services you claim to be infringing;Your contact information, including mailing address, telephone number, and email address;Your statement confirming 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;Your statement confirming that the information you’ve provided 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;Your signatureLimitation of Liability

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (WHETHER IN CONTRACT, TORT, OR OTHERWISE) SHALL THEGPTPODCAST BE LIABLE TO YOU OR ANY THIRD PARTY FOR (A) ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST SALES OR BUSINESS, LOST DATA, OR (B) FOR ANY DIRECT DAMAGES, COSTS, LOSSES OR LIABILITIES IN EXCESS ONE HUNDRED ($100) U.S. DOLLARS. THE PROVISIONS OF THIS SECTION ALLOCATE THE RISKS UNDER THESE TERMS BETWEEN THE PARTIES, AND THE PARTIES HAVE RELIED ON THESE LIMITATIONS IN DETERMINING WHETHER TO ENTER INTO THESE TERMS.

No Warranties

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THEGPTPODCAST EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

THEGPTPODCAST MAKES NO WARRANTY THAT (A) THE SERVICES WILL MEET YOUR REQUIREMENTS; (B) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.

Third Party Services and Websites

The Services may provide links or other access to services, sites, technology, and resources that are provided or otherwise made available by third parties (the “Third-Party Services”). Your access and use of the Third-Party Services may also be subject to additional terms and conditions, privacy policies, or other agreements with such third party, and you may be required to authenticate to or create separate accounts to use Third-Party Services on the websites or via the technology platforms of their respective providers. For more information about the implications of activating Third-Party Services and our use, storage and disclosure of information related to you and your use of such Third-Party Services within the Service, please see our Privacy Policy.

THEGPTPODCAST has no control over and is not responsible for such Third-Party Services, including for the accuracy, availability, reliability, or completeness of information shared by or available through Third-Party Services, or on the privacy practices of Third-Party Services. We encourage you to review the privacy policies of the third parties providing Third-Party Services prior to using such services. You, and not THEGPTPODCAST, will be responsible for any and all costs and charges associated with your use of any Third-Party Services. THEGPTPODCAST enables these Third-Party Services merely as a convenience and the integration or inclusion of such Third-Party Services does not imply an endorsement or recommendation. Any dealings you have with third parties while using the Service are between you and the third party. THEGPTPODCAST will 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 Third-Party Services.

Terminating Your Account

THEGPTPODCAST is free to terminate or suspend access to your use of our Services at any time and for any reason at our discretion. Reasons for termination may include our determination that you have violated these Terms, where we determine it is necessary to ensure user safety, for legal compliance reasons, or where we believe it necessary to protect the rights or property of THEGPTPODCAST.

You may also request a deletion of our account by contacting support@thegptpodcast.com. Please be advised that for security and privacy reasons we may request information to verify your entity in order to process these requests.

You agree that provisions of these Terms pertaining to indemnification, limitations of liability, intellectual property, dispute and arbitration, and any other terms that - by their nature - should survive termination of the Terms, shall survive.

Changes to the Services

Artificial intelligence is a fast-moving field, and THEGPTPODCAST is continually working to make our Services better for our users. This means that our Services can and will change over time. THEGPTPODCAST may augment, modify, discontinue, or suspend any part of our Services at any time. We will work to provide advance notice to you where appropriate, but you acknowledge that this may not always be possible.

Changes to These Terms

THEGPTPODCAST reserves the right to amend these Terms at any time for any reason. We will provide notice of these changes by updating this page with the revised Terms and updating the effective date. No other amendments to the Terms shall be effective unless in writing and signed by you and a representative of THEGPTPODCAST.

The use of any of our Services after such an amendment to the Terms shall be considered an acceptance of all changes to the Terms. If you do not agree with the revised Terms, you must immediately cease any use of our Services.

Miscellaneous Terms

Violations: THEGPTPODCAST reserves the sole discretion to determine whether or not a user is in violation of any of the provisions of these Terms.Indemnification: To the fullest extent allowed by applicable law, you agree to indemnify and hold THEGPTPODCAST, its affiliates, officers, agents, employees, and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any third party claims relating to (a) your use of our Services (including any actions taken by a third party using your account), and (b) your violation of these Terms.Assignment: You may not assign or delegate any rights or obligations under these Terms, including in connection with a change of control. Any purported assignment and delegation shall be null and void. We may assign these Terms in connection with a merger, acquisition or sale of all or substantially all of our assets, or to any affiliate or as part of a corporate reorganization.Choice of Law: These Terms are governed by and will be construed under applicable federal law and the laws of the State of California, without regard to the conflicts of laws provisions thereof.Arbitration: Any dispute arising from or relating to the subject matter of these Terms shall be finally settled by arbitration in Santa Clara County, California, in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, LLC (“JAMS”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the Streamlined Arbitration Rules and Procedures of JAMS. Judgment upon the award so rendered may be entered in a court having jurisdiction, or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, you and THEGPTPODCAST shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator.Jurisdiction and Venue: For all purposes of these Terms, you consent to exclusive jurisdiction and venue in the state or federal courts located in, respectively, Santa Clara County, California, or the Northern District of California. The prevailing party in any action or proceeding arising out of these Terms will be entitled to an award of costs and attorneys’ fees.Class Action Waiver: To the fullest extent permitted by law, you and THEGPTPODCAST agree that all claims against the other can only be brought in an individual capacity, and not as a plaintiff or class member in any purported class, consolidated, or other representative proceeding. We agree that arbitrators may not conduct any class, consolidated, or representative proceeding, and are limited to providing relief warranted by an individual party’s claim.No Joint Venture or Beneficiaries: You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of THEGPTPODCAST, and you do not have any authority of any kind to bind us in any respect whatsoever. There are also no third-party beneficiaries intended under these Terms.Waiver: The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder.Notices: Notices under these Terms shall be provided to you under the information provided to THEGPTPODCAST when you registered your account. Notices to THEGPTPODCAST may be provided by sending a message to support@thegptpodcast.com or by mail at THEGPTPODCAST, 254 Chapman Rd, Ste 209 Newark DE 19702. Notice shall be considered effective as of the date of receipt.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, so that these Terms shall otherwise remain in full force and effect and enforceable.Entire Agreement: You agree that these Terms are the complete and exclusive statement of the mutual understanding between you and us, and that it supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms.