Legal Terms of Use

These Terms of Use ("Terms") are a legally binding agreement between you and Dispatch FM, LLC ("Dispatch," "we," "us," or "our"), a Delaware limited liability company. They govern your access to and use of the Dispatch website at dispatch.fm, the hosted podcast platform at app.dispatch.fm, and all related software, tools, and services (collectively, the "Service").

By creating an account or using the Service in any way, you agree to these Terms. If you do not agree, do not use the Service.

1. Eligibility

You must be at least 18 years old to use the Service. By using the Service, you represent and warrant that you are 18 or older and have the legal capacity to enter into a binding contract. If you are accessing the Service on behalf of a company or other legal entity, you represent that you have authority to bind that entity to these Terms, and "you" refers to that entity.

You may not use the Service if you are barred from doing so under applicable law or if your account has been previously terminated by us for violation of these Terms.

2. Accounts

To access most features of the Service, you must register for an account. You agree to:

• Provide accurate, current, and complete information during registration and keep it updated;
• Maintain the confidentiality of your password and restrict access to your account;
• Notify us immediately at [email protected] if you suspect unauthorized access to your account;
• Accept responsibility for all activity that occurs under your account.

We reserve the right to refuse registration, suspend, or terminate accounts at our discretion, including for violation of these Terms.

3. Subscriptions and Billing

3.1 Paid Plans

Certain features of the Service require a paid subscription. By subscribing to a paid plan, you authorize us to charge your payment method on a recurring basis (monthly or annually, depending on your selection) until you cancel.

3.2 Auto-Renewal

Subscriptions automatically renew at the end of each billing period at the then-current subscription price unless you cancel before the renewal date. We will provide advance notice of any price changes. Continued use of the Service after a price change constitutes acceptance of the new price.

3.3 Cancellation

You may cancel your subscription at any time through your account settings or by contacting us at [email protected]. Cancellation takes effect at the end of the current billing period; you will retain access to paid features until that date. We do not provide prorated refunds for partial billing periods unless required by applicable law.

3.4 Free Trials

We may offer free trials from time to time. Unless you cancel before the trial ends, your subscription will automatically begin and your payment method will be charged at the applicable plan rate.

3.5 Taxes

Subscription fees are exclusive of applicable taxes. You are responsible for all taxes, levies, or duties imposed by taxing authorities in connection with your use of the Service, excluding taxes on our net income.

3.6 Refunds

All fees are non-refundable except as required by applicable law or as expressly stated in these Terms. If you believe you have been incorrectly charged, contact [email protected] within 30 days of the charge.

4. Your Content

4.1 Ownership

You retain full ownership of all audio files, episode text, artwork, show notes, and other content you upload, create, or publish through the Service ("Your Content"). These Terms do not transfer any intellectual property rights in Your Content to us.

4.2 License to Dispatch

By uploading or publishing Your Content through the Service, you grant Dispatch a non-exclusive, worldwide, royalty-free, sublicensable license to host, store, transcode, reproduce, distribute, display, and transmit Your Content solely as necessary to operate and provide the Service to you and your listeners. This license terminates when you delete Your Content from the Service or close your account, subject to reasonable backup retention periods.

4.3 Public Content

If you publish a podcast as publicly available, you acknowledge that it may be indexed, distributed to podcast directories (such as Apple Podcasts, Spotify, and others), and accessible to anyone on the internet in accordance with your distribution settings.

4.4 Content Representations

You represent and warrant that:

• You own or have all necessary rights, licenses, and permissions to upload and publish Your Content;
• Your Content does not infringe any third party's intellectual property, privacy, publicity, or other rights;
• Your Content complies with all applicable laws and these Terms;
• You have obtained all required consents from any individuals who appear in or are identified in Your Content.

4.5 Content Standards

You agree not to upload, publish, or transmit content that:

• Is unlawful, defamatory, obscene, pornographic, harassing, threatening, or invasive of another's privacy;
• Promotes violence, discrimination, or illegal activity;
• Infringes any copyright, trademark, patent, trade secret, or other intellectual property right;
• Contains malware, viruses, or any code designed to disrupt or damage computer systems;
• Violates the rights of minors or constitutes child sexual abuse material (CSAM);
• Constitutes spam, unsolicited commercial communications, or deceptive content.

We reserve the right, but have no obligation, to review, remove, or restrict access to any content that we determine, in our sole discretion, violates these standards or these Terms.

5. AI Features

The Service includes AI-powered features such as automated transcription, episode summaries, and related tools ("AI Features"). By using AI Features, you acknowledge:

• AI-generated outputs (transcripts, summaries, etc.) may contain errors and are provided for convenience only. You are responsible for reviewing and verifying any AI output before relying on it;
• Your audio content is transmitted to our third-party AI service providers (currently AssemblyAI) for processing when you use these features. This transmission is governed by our Privacy Policy;
• You retain ownership of your original content; AI-generated outputs produced from your content belong to you, subject to any limitations imposed by applicable AI provider terms;
• You must not use AI Features to generate content that violates Section 4.5 or any applicable law.

6. Intellectual Property

6.1 Dispatch IP

The Service, including its software, design, text, graphics, logos, and all other content provided by Dispatch (excluding Your Content), is owned by or licensed to Dispatch and is protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, sell, or lease any part of the Service, or reverse engineer or attempt to extract the source code of the Service, without our prior written consent.

6.2 Feedback

If you submit suggestions, ideas, or feedback about the Service ("Feedback"), you grant Dispatch a perpetual, irrevocable, royalty-free license to use, incorporate, and exploit that Feedback for any purpose without compensation to you.

6.3 Trademarks

"Dispatch," "Dispatch.fm," and our logos are trademarks of Dispatch FM, LLC. Nothing in these Terms grants you any right to use our trademarks without our prior written permission.

7. DMCA and Copyright

Dispatch respects intellectual property rights and responds to notices of alleged copyright infringement in accordance with the Digital Millennium Copyright Act (DMCA), 17 U.S.C. § 512.

If you believe content on the Service infringes your copyright, please send a written notice containing all of the following to our designated agent:

• A physical or electronic signature of the copyright owner or an authorized agent;
• Identification of the copyrighted work claimed to have been infringed;
• Identification of the allegedly infringing material and information sufficient to locate it on the Service;
• Your contact information (name, address, telephone number, and email);
• A statement that you have a good-faith belief that the use is not authorized by the copyright owner, its agent, or the law;
• A statement, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the owner's behalf.

DMCA Agent: Dispatch FM, LLC
c/o Legalinc Corporate Services Inc., 131 Continental Dr Suite 305, Newark, Delaware 19713
Email: [email protected]

Repeat infringers will have their accounts terminated in appropriate circumstances.

8. Prohibited Uses

In addition to the content restrictions in Section 4.5, you agree not to:

• Use the Service for any unlawful purpose or in violation of any applicable law or regulation;
• Attempt to gain unauthorized access to any part of the Service, other accounts, or computer systems connected to the Service;
• Interfere with or disrupt the integrity or performance of the Service or its underlying infrastructure;
• Use automated tools (bots, scrapers, crawlers) to access the Service without our express written permission;
• Impersonate any person or entity or misrepresent your affiliation with any person or entity;
• Use the Service to send unsolicited communications or spam;
• Resell, sublicense, or otherwise commercialize access to the Service without our written consent;
• Use the Service in a way that could damage, disable, overburden, or impair our servers or networks.

9. Third-Party Services and Links

The Service integrates with third-party services (such as podcast directories, analytics providers, and payment processors) and may contain links to third-party websites. These third-party services and websites have their own terms of service and privacy policies, which you should review. We are not responsible for the content, practices, or availability of any third-party service or website, and your use of them is at your own risk.

10. Termination

You may close your account at any time through your account settings or by contacting us at [email protected]. Upon closure, your right to use the Service ceases, and we will delete or anonymize your data in accordance with our Privacy Policy.

We may suspend or terminate your access to the Service immediately and without prior notice if:

• You breach any material provision of these Terms;
• We are required to do so by law or legal process;
• Your account has been inactive for an extended period (we will provide reasonable advance notice in this case);
• We determine, in our sole discretion, that continued access poses a risk to the Service, other users, or third parties.

Sections 4 (Your Content — license survives for backup/retention periods), 6, 7, 11, 12, 13, 14, and 15 survive termination of these Terms.

11. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, DISPATCH EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

DISPATCH DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY DEFECTS WILL BE CORRECTED. YOU ASSUME ALL RISK FOR ANY DAMAGE TO YOUR DEVICE OR LOSS OF DATA RESULTING FROM USE OF THE SERVICE.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL DISPATCH, ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES — INCLUDING LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS — ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF DISPATCH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN ALL CASES, DISPATCH'S TOTAL AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL FEES PAID BY YOU TO DISPATCH IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN DAMAGES. IN SUCH JURISDICTIONS, THE ABOVE LIMITATIONS APPLY ONLY TO THE FULLEST EXTENT PERMITTED BY LAW.

13. Indemnification

You agree to indemnify, defend, and hold harmless Dispatch and its members, managers, officers, employees, agents, and licensors from and against any claims, liabilities, damages, judgments, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Service; (b) Your Content; (c) your violation of these Terms; or (d) your violation of any third-party right, including any intellectual property, privacy, or publicity right.

14. Dispute Resolution

14.1 Informal Resolution

Before initiating any formal dispute, you agree to first contact us at [email protected] and provide a written description of your claim. We will attempt to resolve the dispute informally within 30 days. If we cannot reach a resolution, either party may proceed as set forth below.

14.2 Binding Arbitration

EXCEPT FOR CLAIMS THAT QUALIFY FOR SMALL CLAIMS COURT OR INJUNCTIVE RELIEF TO PROTECT INTELLECTUAL PROPERTY RIGHTS, ANY DISPUTE, CONTROVERSY, OR CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL BE RESOLVED BY BINDING INDIVIDUAL ARBITRATION administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules, rather than in court. The arbitration will be conducted in English. The arbitrator's decision will be final and binding and may be entered as a judgment in any court of competent jurisdiction.

14.3 Class Action Waiver

YOU AND DISPATCH AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. If this waiver is found unenforceable with respect to a particular claim, that claim must be severed from arbitration and litigated in court; all other claims remain subject to arbitration.

14.4 Governing Law and Venue

These Terms are governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law provisions. For any dispute not subject to arbitration under Section 14.2, you and Dispatch each consent to the exclusive jurisdiction and venue of the state and federal courts located in the State of Delaware.

15. General Provisions

15.1 Changes to Terms

We may update these Terms at any time. For material changes, we will provide at least 30 days' notice via email or a prominent in-Service notification before the new Terms take effect. Your continued use of the Service after the effective date constitutes acceptance of the revised Terms. If you do not agree to the updated Terms, you must stop using the Service and may close your account.

15.2 Entire Agreement

These Terms, together with our Privacy Policy and Cookies Policy, constitute the entire agreement between you and Dispatch regarding the Service and supersede all prior agreements and understandings.

15.3 Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will continue in full force and effect.

15.4 Waiver

Our failure to enforce any right or provision of these Terms will not be deemed a waiver of that right or provision. Any waiver must be in writing and signed by an authorized representative of Dispatch to be effective.

15.5 Assignment

You may not assign or transfer these Terms or any rights or obligations hereunder without our prior written consent. We may assign these Terms without restriction, including in connection with a merger, acquisition, or sale of assets, with notice to you.

15.6 Force Majeure

Dispatch will not be liable for any failure or delay in performance resulting from causes beyond our reasonable control, including acts of God, natural disasters, war, terrorism, government action, internet outages, or third-party service failures.

15.7 Electronic Communications

By using the Service, you consent to receiving communications from us electronically, including via email and in-Service notifications. You agree that all agreements, notices, and disclosures provided electronically satisfy any legal requirement that such communications be in writing.

16. Contact Us

Questions about these Terms? Contact us at:

• Email: [email protected]
• Mail: Dispatch FM, LLC, c/o Legalinc Corporate Services Inc., 131 Continental Dr Suite 305, Newark, Delaware 19713
• Web: dispatch.fm/contact