Terms of Use

Please read these Terms of Use ("Terms") carefully before using the Podwell application (the "Application" or "Podwell") created by Luke Southwell-Chan ("Developer", "us", or "we").

By accessing and using Podwell, you ("User") acknowledge that you have read, understood, and agree to be bound by these Terms. If you disagree with any part of the Terms, please do not use the Application.

We may modify these Terms at any time and such modification will be effective immediately upon posting.

Use of the Application

Podwell is a podcast player that allows you to discover, subscribe to, and listen to podcasts. The Application is provided for your personal, non-commercial use. You agree to use the Application only for lawful purposes and in accordance with these Terms.

Subscriptions and Payments

If you choose to purchase a Podwell Premium subscription (the "Subscription"), payment will be charged to your Apple ID account at the confirmation of purchase. The Subscription automatically renews unless it is cancelled at least 24 hours before the end of the current period. You can manage and cancel your subscriptions by going to your account settings on the App Store after purchase.

The Developer may modify or remove features of the Subscription at any time, with or without notice. You agree that the Developer will bear no liability to you or any third party in such event.

All purchases are final. The Developer cannot issue refunds for purchases charged to your Apple ID — refund requests must be submitted directly to Apple. The Developer, at its sole discretion and at any time, may modify Subscription fees in accordance with Apple's policies.

Podcast Content

Podwell provides access to podcast content that is created, owned, and hosted by third-party publishers. The Developer does not control, endorse, or assume responsibility for any third-party content available through the Application. You acknowledge that:

• Podcast content is the sole responsibility of the podcast publisher.
• The Developer does not guarantee the accuracy, quality, or appropriateness of any podcast content.
• The availability of any podcast is subject to change and may be removed by its publisher at any time.

Third-Party Websites and Services

Podwell may contain links to third-party websites or services that are not owned or controlled by the Developer. The Developer has no control over and assumes no responsibility for the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that the Developer shall not be responsible or liable for any damage or loss caused by or in connection with the use of any such third-party content, goods, or services.

Intellectual Property

You agree that the Application, including but not limited to its content, graphics, user interface, audio clips, and the software used to implement the Application, contains proprietary information and material that is owned by the Developer and is protected by applicable intellectual property and other laws.

You agree not to modify, rent, loan, sell, distribute, or create derivative works based on the Application or its content in any manner not expressly authorized by these Terms. No portion of the Application may be reproduced in any form or by any means except as expressly permitted by these Terms.

You grant the Developer a worldwide, perpetual, irrevocable, royalty-free license to use and incorporate into the Application any suggestion, enhancement request, recommendation, correction, or other feedback provided by you relating to the Application.

The Developer reserves all rights not expressly granted in these Terms.

Apple, the Apple logo, and other Apple trademarks, service marks, graphics, and logos used in connection with the Application are trademarks or registered trademarks of Apple Inc. You are granted no right or license with respect to any of these trademarks.

Disclaimers and Limitation of Liability

In no event shall the Developer, partners, agents, suppliers, or affiliates 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 Application; (ii) any conduct or content of any third party on or accessed through the Application; (iii) any content obtained from the Application; 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.

Your use of the Application is at your sole risk. The Application is provided on an "as is" and "as available" basis without warranties of any kind, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance.

The Developer does not warrant that (a) the Application will function uninterrupted, secure, or available at any particular time or location; (b) any errors or defects will be corrected; (c) the Application is free of viruses or other harmful components; or (d) the results of using the Application will meet your requirements.

Indemnification

You agree to defend, indemnify, and hold harmless the Developer from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Application.

Termination

The Developer may terminate or suspend your access to the Application at any time, without cause or notice, and without penalty. We may also discontinue providing access to the Application, or any part thereof, at any time with or without notice. You agree that any termination of your access may be effected without prior notice and that the Developer will not be liable to you or any third party for any such termination.

Upon termination, your right to use the Application will immediately cease. If you wish to terminate your use, you may simply discontinue using the Application and delete it from your devices.

Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law provisions. Any legal action or proceeding arising under these Terms shall be brought exclusively in the courts located in San Diego County, California.

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.

Changes to These Terms

We reserve the right to update or modify these Terms at any time without prior notice. Any changes will become effective immediately once posted. Your continued use of the Application after any changes constitutes acceptance of the revised Terms.

Contact

If you have questions about these Terms, you can reach us at luke@podwell.io.