Terms & Conditions

Last updated: August 15, 2023

Please read these Terms and Conditions (“Terms”) carefully before using the https://squadcast.fm/ website (“Site”) and/or the SquadCast mobile application (“App”) operated by SquadCast Studios, Inc. (“SquadCast,” “us”, “we”, or “our”) via which we provide tools to amplify collaboration by enabling remote production of high-quality podcasts and other content (“Podcasts”). To make these Terms easier to read, the Site, our services and App are collectively called the “Service.” BY ACCEPTING THESE TERMS OR USING OR ACCESSING THE SERVICE, YOU AGREE TO BE BOUND BY THESE TERMS.

IMPORTANT NOTICE REGARDING ARBITRATION: WHEN YOU AGREE TO THESE TERMS AS AN INDIVIDUAL USER, AND NOT ON BEHALF A COMPANY OR LEGAL ENTITY, YOU ARE AGREEING (WITH LIMITED EXCEPTION) TO RESOLVE ANY DISPUTE BETWEEN YOU AND SQUADCAST THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. PLEASE REVIEW CAREFULLY SECTION 21 “DISPUTE RESOLUTION BY BINDING ARBITRATION” BELOW FOR DETAILS REGARDING ARBITRATION.

Agreement. Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. Each use by you shall constitute and be deemed your unconditional acceptance of the Terms If you do not agree to these Terms, you should not use the Service. These Terms may be modified at any time by SquadCast upon posting of the modified Terms. The “Last Updated” date indicates when these Terms were last changed. You can view the most recent version of these Terms at any time at www.squadcast.fm. Each use by you shall constitute and be deemed your unconditional acceptance of the Terms and your continued use of the Service signifies and confirms your acceptance of any modifications made to the Terms.

These Terms apply to all visitors, users, guests, third-parties and others who wish to access and/or use the Service, either directly or indirectly through the use of your account and password.
Privacy. Your access to and use of the Service is also governed by our Privacy Notice. Please review our Privacy Notice at https://squadcast.fm/privacy-policy/ for information on how we collect, use and share your information.
Communications. By creating an account on our Service, you are subscribing to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we may send.
Account and Payment Information. You may be required to set up an account before using the Service. You must provide complete and accurate information as requested in the registration process and must maintain and update all information provided as required to keep it current, complete and accurate. Any failure to do so may, among other things, result in deletion of your account and a refusal to allow you to resume use of the Service. Account credentials may not be shared or transferred. You agree to maintain the security and confidentiality of user names and passwords. You are responsible for any and all activities that occur under your account, and you agree to immediately notify us of any unauthorized use of your account or any other breach of security related to your account or the Service.
Availability, Errors and Inaccuracies. We are constantly updating product and service offerings on the Service and may experience delays in updating information on the Service and in our advertising on other web sites. As a result, the information found on the Service may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Service, and we cannot guarantee the accuracy or completeness of any information found on the Service. We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
Podcasts and Audio/Video Recording. By using and or accessing the Service as a user, you expressly consent to the recording of any and all audio and video data collected from your device and of your name, image, voice and likeness in connection with the recording of audio and/or video Content (“Podcast Content”). You further acknowledge and agree that the Service captures voluntary and involuntary video and audio recordings in the Podcasts and consequently you agree to inform and obtain the consent of any person who appears in such Podcasts in connection with the recording of the Podcast Content.
Subscriptions; Autorenewal. 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 same conditions unless you cancel it as set forth below or SquadCast cancels it. Between five (5) and fourteen (14) days before your monthly Billing Cycle ends, thirty (30) and sixty (60) days before your yearly Billing Cycle ends, SquadCast will send you a reminder regarding the autorenewal with the then-current Subscription fee that will apply to the renewal term (prices subject to change). By agreeing to these Terms and electing to purchase a Subscription, you consent to these autorenewal terms and accept responsibility for all recurring payment obligations prior to cancellation of your Subscription by you or SquadCast. You may cancel your Subscription renewal either through your online account management page or by contacting SquadCast customer support team at https://squadcast.fm/contact-us/.

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

Should automatic billing fail to occur for any reason, SquadCast 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.
Free Trial. SquadCast may, at its 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 the Free Trial. If you do enter your billing information when signing up for the Free Trial, you will not be charged by SquadCast until the Free Trial has expired. On the last day of the Free Trial period, unless you cancelled your Subscription as described above, you will be charged the applicable Subscription fees for the type of Subscription you have selected and your Subscription will thereafter automatically renew on a recurring basis for the time period you selected at the then-current Subscription fee (prices subject to change). Subject to applicable law, at any time and without notice, SquadCast reserves the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free Trial offer.
Fee Changes. SquadCast, in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle. SquadCast will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.

Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.
Refunds. All sales are final. No refunds are due in the event of a cancellation prior to the end of the prior Billing Cycle. SquadCast may, however, consider refund requests on a case-by-case basis, and decisions on whether to grant a refund request are in the sole discretion of SquadCast.
Content. Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material, including Podcast Content (“Content”). You are responsible for the Content or communications that you post on or through the Service, including its legality, reliability, and appropriateness. SquadCast shall have no liability of any kind with respect to any Content posted by you or other users of the Service. You agree that you must assess and bear all risks associated with your use of any Content.

You agree to use the Service to create Podcast Content and to post and receive communications and Content that are legal and proper.
1. You must not abuse, defame, harass, stalk, threaten, intimidate, or otherwise violate the legal rights of others.
2. You must not violate the privacy or publicity rights of others.
3. You must not create, upload, post or link to any material that is inappropriate, defamatory, infringing, obscene, vulgar, libelous, racially or ethnically hateful, objectionable, or unlawful (or promote or provide instructional information about illegal activities or communications that could reasonably cause damage, loss, harm, or injury to any individual or group).
4. You must not create, post, upload or link to (a) anything that promotes or distributes pyramid schemes or chain letters, or (b) other disruptive, illegal or immoral communications of any kind.
5. You must not create, post, upload or link to anything that could potentially exploit or harm children by exposing them to inappropriate Content, asking for personally identifiable details or information, or otherwise exposing them to materials or information which in any way could cause damage, injury, or harm of any kind.
6. You must abide by all applicable Federal, State and local laws. If you are outside the United States, you must comply with all local laws as well with respect to your online conduct and acceptable Content including without limitation the exportation of data to the United States or to your country or residence. You will not use the Services to encourage others to break the law.
SquadCast does not claim any ownership rights in any of your Content, including Podcast Content, and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit your Content, or any ownership rights in your Content. By making any Content available through the Service you hereby grant to SquadCast a non-exclusive, transferable, worldwide, royalty-free license, with the right to sublicense, to copy, modify (for formatting purposes only), distribute, publicly display, publicly perform, and otherwise use such Content in connection with operating and providing the Service. You hereby irrevocably waive any ‘moral rights’ or other rights with respect to attribution of authorship or integrity of materials regarding Content that you may have under any applicable law or under any legal theory. Subject to the foregoing license grant, you retain any and all of your rights to any Content you submit, post or display on or through the 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 the Service.

By making any Content available through the Service, you represent and warrant that: (i) the Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights or other intellectual property rights, 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 on a copyright.

User acknowledges and agrees that SquadCast relies on third-party service providers to provide Service and capture Content. Accordingly, SquadCast makes no representation or warranty whatsoever as to the quality of the Service provided or the Content that is captured through the use of the Service, including, but not limited to, sound and video quality. User shall be solely responsible for the quality of the Content that is captured through the Service, and SquadCast shall have no responsibility to edit or modify Content connected to any user account.

SquadCast has the right, but not the obligation, to monitor your use of the Service and may at any time, for any reason, in its sole discretion, terminate your use of the Service or remove all or any portion of your Content. Content stored by SquadCast may or may not be retained after termination of your Subscription. SquadCast annually reviews storage of inactive and terminated accounts and may in its sole discretion delete Content associated with such accounts.
Rights and Terms for Apps.
1. App License. If you comply with these Terms, SquadCast grants to you a limited non-exclusive, non-transferable license, with no right to sublicense, to download and install the App on your personal computers, mobile handsets, tablets, wearable devices, and/or other devices and to run the App solely for your own personal non-commercial purposes. Except as expressly permitted in these Terms, you may not: (i) copy, modify or create derivative works based on the App; (ii) distribute, transfer, sublicense, lease, lend or rent the App to any third party; (iii) reverse engineer, decompile or disassemble the App (unless applicable law permits, despite this limitation); or (iv) make the functionality of the App available to multiple users through any means.
2. App License. If you comply with these Terms, SquadCast grants to you a limited non-exclusive, non-transferable license, with no right to sublicense, to download and install the App on your personal computers, mobile handsets, tablets, wearable devices, and/or other devices and to run the App solely for your own personal non-commercial purposes. Except as expressly permitted in these Terms, you may not: (i) copy, modify or create derivative works based on the App; (ii) distribute, transfer, sublicense, lease, lend or rent the App to any third party; (iii) reverse engineer, decompile or disassemble the App (unless applicable law permits, despite this limitation); or (iv) make the functionality of the App available to multiple users through any means.
3. Additional Information: Apple App Store. This Section 12(c) applies to any App that you acquire from the Apple App Store or use on an iOS device. Apple has no obligation to furnish any maintenance and support services with respect to the App. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the App purchase price to you (if applicable) and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App. Apple is not responsible for addressing any claims by you or any third party relating to the App or your possession and use of it, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third-party claim that your possession and use of the App infringe that third party’s intellectual property rights. Apple and its subsidiaries, are third-party beneficiaries of these Terms, and upon your acceptance of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a terrorist-supporting country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You acknowledge that the usage rules for the iOS App are subject to any additional restrictions set forth in the Usage Rules for the Apple iOS App Store Terms of Service as of the date you download the App, and in the event of any conflict, the Usage Rules in the Apple iOS App Store will govern if they are more restrictive. You acknowledge that you have had the opportunity to review the Usage Rules. You must also comply with any applicable third-party terms of service when using the App.
4. The following terms apply if you install, access, or use the Services on any device that contains the Android mobile operating system (the “Android App”) developed by Google, Inc. (“Google”):
  1. You acknowledge that these Terms are between you and us only, and not with Google.
  2. Your use of our Android App must comply with Google’s then-current Android Market Terms of Service.
  3. Google is only a provider of the Android Market where you obtained the Android App. We, and not Google, are solely responsible for our Android App and the Services and content available thereon. Google has no obligation or liability to you with respect to our Android App or these Terms.
  4. Google is a third-party beneficiary to the Terms as they relate to our Android App.
Accounts. When you create an account with us, you guarantee that you are 18 years or older, 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.
Repeat Infringer Policy; Copyright Complaints. In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable law, we have adopted a policy of terminating, in appropriate circumstances the accounts of users who repeatedly infringe the copyrights of others.

If you are a copyright owner, or authorized on behalf of one, and you believe that anything on our Service infringes any copyright that you own or control, please submit your claim to our Designated Agent as follows:

Designated Agent: Copyright Agent
Email: dmca@squadcast.com
Address:385 Grove Street, San Francisco, CA 94102
Telephone Number: 415-231-7449

If emailing please use the subject line: “Copyright Infringement.”

Please see Section 512(c)(3) of the DMCA for the requirements of a proper notification. If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your notice may not be effective. If you knowingly materially misrepresent that any activity or material on our Services is infringing, you may be liable to SquadCast for certain costs and damages.
Intellectual Property. The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of SquadCast and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of SquadCast. Users of the Service have no proprietary interest in the code and proprietary software, system, source code, run code or other intellectual property of SquadCast.
Links to Other Web Sites. Our Service may contain links to third-party web sites or services that are not owned or controlled by SquadCast. SquadCast has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third-party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites. Therefore, you acknowledge and agree that SquadCast is not responsible for the availability of such links, resources and content, and does not endorse, and is not responsible or liable for, any content, advertising, products, or other materials made available on or from these linked websites. You also acknowledge and agree that SquadCast is not responsible or liable, directly or indirectly, for any damage or loss caused by or alleged to have been caused by, or in relation to, the use of any Content, goods or services offered through these links or any failures and/or disruption to your computer system that results from your use of any such links, or for any intellectual property or other third-party claims relating to your using such links.
Termination of Service. 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 the Terms. If you wish to terminate your account, you may simply discontinue using the Service. Upon any termination or cancellation of the Service or your account, the following Sections will survive: 4 (only for payments due and owing to SquadCast prior to the termination), 5, 10, 11, and 13 – 29.
Indemnification. To the fullest extent permitted by law, you agree to defend, indemnify and hold harmless SquadCast and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), along with any claims made by a third-party, guest, invitee or otherwise relating to your use of your account and password, resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password, including any third-party claims arising from your use of your account and password; b) a breach of these Terms, or c) Content posted by you to the Service.
Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL SQUADCAST, OR ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES (COLLECTIVELY, THE “SQUADCAST PARTIES”), BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (II) ANY CONDUCT OR CONTENT OF ANY THIRD-PARTY ON THE SERVICE; (III) ANY CONTENT OBTAINED FROM THE SERVICE; AND (IV) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

TO THE MAXIMUM EXTENT PERMITTED BY THE LAW OF THE APPLICABLE JURISDICTION, IN NO EVENT WILL THE SQUADCAST PARTIES’ TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICE EXCEED THE LESSER OF THE AMOUNTS YOU HAVE PAID OR ARE PAYABLE BY YOU TO SQUADCAST FOR USE OF THE SERVICE GIVING RISE TO THE CLAIM OR ONE HUNDRED DOLLARS ($100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO SQUADCAST, AS APPLICABLE.

THE LIMITATIONS SET FORTH IN THIS SECTION WILL NOT LIMIT OR EXCLUDE LIABILITY FOR THE GROSS NEGLIGENCE, FRAUD, OR INTENTIONAL MISCONDUCT OF SQUADCAST OR THE OTHER SQUADCAST PARTIES OR FOR ANY OTHER MATTERS IN WHICH LIABILITY CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. ADDITIONALLY, SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
Disclaimer. THE SERVICE IS MADE AVAILABLE ON AN “AS IS,” “AS AVAILABLE” BASIS. YOU AGREE THAT USE OF THIS SERVICE IS AT YOUR SOLE RISK. SQUADCAST DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

SQUADCAST MAKES NO WARRANTY THAT: (A) THE SERVICE OR THE PODCASTS WILL MEET YOUR REQUIREMENTS; (B) THE SERVICE OR THE PODCASTS WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR THE PODCASTS, WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY PODCASTS, OR THE SERVICE WILL, MEET YOUR EXPECTATIONS OR ARE SUITABLE FOR YOUR USE OR CIRCUMSTANCES.

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

TO THE EXTENT YOUR JURISDICTION DOES NOT ALLOW LIMITATIONS ON WARRANTIES, THIS LIMITATION MAY NOT APPLY TO YOU. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE SITE SHALL BE TO DISCONTINUE USING THE SERVICE.
Dispute Resolution by Binding Arbitration.

PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES YOU AND SQUADCAST TO ARBITRATE CERTAIN DISPUTES AND CLAIMS AND LIMITS THE MANNER IN WHICH WE CAN SEEK RELIEF FROM EACH OTHER. ARBITRATION PRECLUDES YOU AND SQUADCAST FROM SUING IN COURT OR HAVING A JURY TRIAL. YOU AND SQUADCAST AGREE THAT ARBITRATION WILL BE SOLELY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS ARBITRATION, CLASS ACTION, OR ANY OTHER KIND OF REPRESENTATIVE PROCEEDING. SQUADCAST AND YOU ARE EACH WAIVING THE RIGHT TO TRIAL BY A JURY.

FOLLOW THE INSTRUCTIONS BELOW IF YOU WISH TO OPT OUT OF THE REQUIREMENT OF ARBITRATION ON AN INDIVIDUAL BASIS. NO CLASS OR REPRESENTATIVE ACTIONS OR ARBITRATIONS ARE ALLOWED UNDER THIS ARBITRATION AGREEMENT.
1. Informal Dispute Resolution Prior to Arbitration. For any dispute or claim that you have against SquadCast, that SquadCast has against you, or that you have or SquadCast has arising from or relating to these Terms, our Services, or any aspect of the relationship between you and SquadCast as relates to these Terms, our Services, including any privacy or data security claims, (collectively, “Claims”, and each a “Claim”), you and SquadCast agree to attempt to first resolve the Claim informally via the following process:
  - If you assert a Claim against SquadCast, you will first contact SquadCast by sending a written notice of your Claim (“Claimant Notice”) to SquadCast by email to support@squadcast.fm. The Claimant Notice must (i) include your name, residence address, email address, and telephone number; (ii) describe the nature and basis of the Claim; and (iii) set forth the specific relief sought.
  - If SquadCast asserts a Claim against you, SquadCast will first contact you by sending a written notice of SquadCast’s Claim (“SquadCast Notice”), and each of a Claimant Notice and SquadCast Notice, a “Notice”) to you via email to the primary email address associated with your account. The SquadCast Notice must (i) include the name of a SquadCast contact and the contact’s email address and telephone number; (ii) describe the nature and basis of the Claim; and (iii) set forth the specific relief sought.
  - If you and SquadCast cannot reach an agreement to resolve the Claim within thirty (30) days after you or SquadCast receives such a Notice, then either party may submit the Claim to binding arbitration as set forth below. The statute of limitations and any filing fee deadlines shall be tolled for thirty (30) days from the date that either you or SquadCast first send the applicable Notice so that the parties can engage in this informal dispute-resolution process.
2. Claims Subject to Binding Arbitration; Exceptions. Except for individual disputes that qualify for small claims court and any disputes exclusively related to the intellectual property or intellectual property rights of you or SquadCast, including any disputes in which you or SquadCast seek injunctive or other equitable relief for the alleged unlawful use of your or SquadCast’s intellectual property or other infringement of your or SquadCast’s intellectual property rights (“IP Claims”), all Claims, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, including Claims that are not related to intellectual property or intellectual property rights but are jointly filed with IP Claims, that are not resolved in accordance with Section 21(a) will be resolved by a neutral arbitrator through final and binding arbitration instead of in a court by a judge or jury. Such Claims include, without limitation, disputes arising out of or relating to interpretation or application of this arbitration provision, including the enforceability, revocability, or validity of the arbitration provision or any portion of the arbitration provision. The arbitrator will have the authority to grant any remedy or relief that would otherwise be available in court.
3. Federal Arbitration Act. These Terms affect interstate commerce, and the enforceability of this Section 21 will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq., to the extent permitted by law. As limited by the FAA, these Terms, and the AAA Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any dispute and to grant any remedy that would otherwise be available in court, including the power to determine the question of arbitrability.
4. Arbitration Procedure (Consumers and Businesses). All Claims must be submitted to the American Arbitration Association (the “AAA”) and will be resolved through binding arbitration before one arbitrator. The AAA administers arbitration pursuant to the due process standards set forth by the AAA and rules set forth by the AAA. Such rules differ if you are a consumer or a business as further described below:
  - If you are an individual using the Services for your personal use, you are a “Consumer”, and the then-current version of the AAA’s Consumer Arbitration Rules, which are available on the AAA’s website (adr.org), as amended by these Terms as follows, will apply to any arbitration between you and SquadCast:
    - YOU AND SQUADCAST AGREE THAT ANY ARBITRATION UNDER THESE TERMS WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED, AND YOU AND SquadCast ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION. The arbitrator may conduct only an individual arbitration and, except as described below for the additional procedures to govern if twenty-five (25) or more similar or coordinated claims are asserted against SquadCast or you by the same or coordinated counsel, may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding, or preside over any proceeding involving more than one individual.
    - For any arbitration you initiate, you will pay the consumer filing fee, and SquadCast will pay the remaining AAA fees and costs. For any arbitration initiated by SquadCast, SquadCast will pay all AAA fees and costs.
    - For all arbitrations where the Claims asserted are $25,000 or less, the arbitration shall be resolved according to the AAA’s Procedures for the Resolution of Disputes through Document Submission, and for all other arbitrations the following procedure will apply: (i) the arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate; (ii) any in-person appearances will be held at a location that is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances, and (iii) if the parties are unable to agree on a location, such determination will be made by the AAA or by the arbitrator.
    - If you or SquadCast submits a dispute to arbitration and the arbitrator orders any exchange of information, you and SquadCast agree to cooperate to seek from the arbitrator protection for any confidential, proprietary, trade secret, or otherwise sensitive information, documents, testimony, and/or other materials that might be exchanged or the subject of discovery in the arbitration. You and SquadCast agree to seek such protection before any such information, documents, testimony, and/or materials are exchanged or otherwise become the subject of discovery in the arbitration.
    - The arbitrator’s decision will follow these Terms and will be final and binding. The arbitrator will have authority to award temporary, interim or permanent injunctive relief or relief providing for specific performance of these Terms, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. Notwithstanding any of the foregoing, nothing in these Terms will preclude you from bringing issues to the attention of federal, state or local agencies and, if the law allows, they can seek relief against us for you.
    - The AAA Supplementary Rules for Multiple Case Filings and the AAA Multiple Consumer Case Filing Fee Schedule will apply if twenty-five (25) or more similar claims are asserted against SquadCast or against you by the same or coordinated counsel or are otherwise coordinated.
      - In addition to the application of the AAA Supplementary Rules for Multiple Case Filings and the AAA Multiple Consumer Case Filing Fee Schedule, you and SquadCast understand and agree that when twenty-five (25) or more similar claims are asserted against SquadCast or you by the same or coordinated counsel or are otherwise coordinated resolution of your or SquadCast’s Claim might be delayed.
      - For such coordinated actions, you and SquadCast also agree to the following coordinated bellwether process. Counsel for claimants and counsel for SquadCast shall each select ten (10) cases (per side) to proceed first in individual arbitration proceedings. The remaining cases shall be deemed filed for purposes of the statute of limitations but not for the purpose of assessing AAA fees. No AAA fees shall be assessed in connection with those cases until they are selected to proceed to individual arbitration proceedings as part of a bellwether process. If the parties are unable to resolve the remaining cases after the conclusion of the initial twenty (20) proceedings, each side shall select another ten (10) cases (per side) to proceed to individual arbitration proceedings as part of a second bellwether process.
      - A single arbitrator shall preside over each case. Only one case may be assigned to each arbitrator as part of a bellwether process unless the parties agree otherwise.
      - This bellwether process shall continue, consistent with the parameters identified above, until all the claims included in these coordinated filings, including your case, are adjudicated or otherwise resolved.
      - The statute of limitations and any filing fee deadlines shall be tolled for claims subject to this bellwether process from the time the first cases are selected for a bellwether process until the time your or SquadCast’s case is selected for a bellwether process, withdrawn, or otherwise resolved.
      - A court shall have authority to enforce this paragraph and, if necessary, to enjoin the mass filing or prosecution of arbitration demands against SquadCast or you.
    - If you are NOT a “Consumer” (as defined above), you are a “Business” and the then-current version of the AAA’s Commercial Arbitration Rules and Mediation Procedures, which are available on the AAA’s website (adr.org), as amended by these Terms as follows, will apply to any arbitration between you and SquadCast:
      - YOU AND SQUADCAST AGREE THAT ANY ARBITRATION UNDER THESE TERMS WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED, AND YOU AND SquadCast ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION. The arbitrator may conduct only an individual arbitration and, except as described below for the additional procedures to govern if twenty-five (25) or more similar or coordinated claims are asserted against SquadCast or you by the same or coordinated counsel, may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding, or preside over any proceeding involving more than one individual.
      - Any in-person appearances will be held in County of San Francisco, California.
      - You and SquadCast agree to cooperate to seek from the arbitrator protection for any confidential, proprietary, trade secret, or otherwise sensitive information, documents, testimony, and/or other materials that might be exchanged or the subject of discovery in the arbitration. You and SquadCast agree to seek such protection before any such information, documents, testimony, and/or materials are exchanged or otherwise become the subject of discovery in the arbitration.
      - The arbitrator’s decision will follow these Terms and will be final and binding. The arbitrator will have authority to award temporary, interim or permanent injunctive relief or relief providing for specific performance of these Terms, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. Notwithstanding any of the foregoing, nothing in these Terms will preclude you from bringing issues to the attention of federal, state or local agencies and, if the law allows, they can seek relief against us for you.
      - The AAA Supplementary Rules for Multiple Case Filings and the AAA Multiple Consumer Case Filing Fee Schedule will apply if twenty-five (25) or more similar claims are asserted against SquadCast or against you by the same or coordinated counsel or are otherwise coordinated.
        
        In addition to the application of the AAA Supplementary Rules for Multiple Case Filings and the AAA Multiple Consumer Case Filing Fee Schedule, you and SquadCast understand and agree that when twenty-five (25) or more similar claims are asserted against SquadCast or you by the same or coordinated counsel or are otherwise coordinated resolution of your or SquadCast’s Claim might be delayed.
        
        For such coordinated actions, you and SquadCast also agree to the following coordinated bellwether process. Counsel for claimants and counsel for SquadCast shall each select ten (10) cases (per side) to proceed first in individual arbitration proceedings. The remaining cases shall be deemed filed for purposes of the statute of limitations but not for the purpose of assessing AAA fees. No AAA fees shall be assessed in connection with those cases until they are selected to proceed to individual arbitration proceedings as part of a bellwether process. If the parties are unable to resolve the remaining cases after the conclusion of the initial twenty (20) proceedings, each side shall select another ten (10) cases (per side) to proceed to individual arbitration proceedings as part of a second bellwether process.
        
        A single arbitrator shall preside over each case. Only one case may be assigned to each arbitrator as part of a bellwether process unless the parties agree otherwise.
        
        This bellwether process shall continue, consistent with the parameters identified above, until all the claims included in these coordinated filings, including your case, are adjudicated or otherwise resolved.
        
        The statute of limitations and any filing fee deadlines shall be tolled for claims subject to this bellwether process from the time the first cases are selected for a bellwether process until the time your or SquadCast’s case is selected for a bellwether process, withdrawn, or otherwise resolved.
        
        A court shall have authority to enforce this paragraph and, if necessary, to enjoin the mass filing or prosecution of arbitration demands against SquadCast or you.
5. One Year to Assert Claims. To the extent permitted by law, any Claim by you or SquadCast relating in any way to these Terms, our Services, or any aspect of the relationship between you and SquadCast as relates to these Terms or our Services, must be filed within one year after such Claim arises; otherwise, the Claim is permanently barred, which means that you and SquadCast will not have the right to assert the Claim.
6. Opting Out of Arbitration. You have the right to opt out of binding arbitration within 30 days of the date you first accepted these Terms by providing us with notice of your decision to opt-out via email at support@squadcast.fm. In order to be effective, the opt-out notice must include your full name, mailing address, and email address. The notice must also clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve disputes in accordance with Section 22.
7. Rejection of Future Arbitration Changes. You may reject any change we make to Section 21 (except address changes) by personally signing and sending us notice within 30 days of the change via email at support@squadcast.fm. If you do, the most recent version of Section 21 before the change you rejected will apply.
8. Severability. If any portion of this Section 21 is found to be unenforceable or unlawful for any reason, including but not limited to because it is found to be unconscionable, (i) the unenforceable or unlawful provision will be severed from these Terms; (ii) severance of the unenforceable or unlawful provision will have no impact whatsoever on the remainder of this Section 21 or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to this Section 21; and (iii) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration. The litigation of those claims will be stayed pending the outcome of any individual claims in arbitration. Further, if any part of this Section 21 is found to prohibit an individual claim seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this Section 21 will be enforceable.
Notwithstanding anything to the contrary in the Terms, if you reside in any country outside of the United States, you may bring legal proceedings regarding the Terms either by following the arbitration procedure detailed above in this Section 21 of the Terms or, if given the right by applicable law, by submitting the dispute to an arbitration administrator in the jurisdiction in which you reside. To the extent any proceeding is not subject to arbitration under applicable law, you may submit the dispute to the courts of the jurisdiction in which you reside.
Governing Law and Forum Choice. These Terms and any action related thereto will be governed by the laws of the State of California, without regard to its conflict of laws provisions. The exclusive jurisdiction for all dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Service will be the state and federal courts located in the Northern District of California, and you and SquadCast each waive any objection to jurisdiction and venue in such courts.
Waiver. The failure of SquadCast to exercise or enforce any right or provisions of these Terms shall not operate as a waiver of such right or provision. Any waiver of these Terms by SquadCast must be in writing and signed by an authorized representative thereof.
Relationship of the Parties. Nothing contained in these Terms or your use and/or access to the Service shall be construed to constitute either party as a partner, joint venture, employee or agent of the other party, nor shall either party hold itself out as such. Neither party has any right or authority to incur, assume or create, in writing or otherwise, any warranty, liability or other obligation of any kind, express or implied, in the name of or on behalf of the other party, it being intended by both parties that each shall remain independent contractors responsible for its own actions.
Severability. If any provision of these Terms shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect.
Entire Agreement. These Terms constitute the entire agreement between you and SquadCast and governs the terms and conditions of your use of the Service, and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and SquadCast with respect to this Service. Notwithstanding the foregoing, you may also be subject to additional terms and conditions, posted policies (including but not limited to the Privacy Notice), guidelines, or rules that may apply when you use the website.
Export Control. You are responsible for compliance with United States export controls and for any violation of such controls, including any United States embargoes or other federal rules and regulations restricting exports. You represent, warrant and covenant that you are not (a) located in, or a resident or a national of, any country subject to a U.S. government embargo or other restriction, or that has been designated by the U.S. government as a “terrorist supporting” country; or (b) on any of the U.S. government lists of restricted end users.
California Consumer Rights Notice: Under California Civil Code Section 1789.3, California consumers are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Boulevard, Suite N-112, Sacramento, California 95834, or by telephone at 1 (800) 952-5210.
Contact Us. If you have any questions about these Terms, please contact us at privacy@squadcast.fm.