LEGAL
TERMS OF SERVICE
Last updated: January 1, 2024
1. ACCEPTANCE OF TERMS
By accessing or using the Casterfy platform ("Service") operated by Nome Forte ("Company," "we," "us," or "our"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the Service.
These Terms constitute a legally binding agreement between you and Nome Forte. We reserve the right to modify these Terms at any time. Continued use of the Service after any such changes constitutes your acceptance of the new Terms.
2. DESCRIPTION OF SERVICE
Casterfy is a podcast distribution platform that enables creators to distribute audio and video podcast content across multiple platforms worldwide. Our services include:
- Podcast hosting (audio and video formats)
- RSS feed generation compliant with global podcast standards
- Distribution to major podcast platforms
- Audience analytics and reporting
- AI-powered transcription services
- Customizable podcast pages
- Chapter and timestamp management
3. SUBSCRIPTION PLANS AND BILLING
Casterfy offers the following subscription plans, billed per managed podcast:
- Go (Audio Only) - 8 hours of upload per month
- Pro (Audio and Video) - 24 hours of upload per month
- Max (Audio, Video, and AI) - Unlimited uploads or 120 hours of 4K video
- Enterprise - Custom pricing for podcast studios managing multiple shows
Subscriptions are available on monthly or annual billing cycles. Annual subscriptions are offered at a discounted rate. All payments are processed through Stripe in multiple currencies.
We reserve the right to modify pricing at any time. Price changes will be communicated at least 30 days in advance and will take effect at the start of your next billing cycle.
4. USER RESPONSIBILITIES
As a user of Casterfy, you agree to:
- Provide accurate and complete information when setting up your podcast
- Maintain the security of your account credentials
- Ensure you have all necessary rights and licenses for the content you upload
- Comply with all applicable laws and regulations
- Not upload content that is illegal, harmful, threatening, abusive, or otherwise objectionable
- Not use the Service for any unauthorized or illegal purpose
- Not attempt to reverse engineer, decompile, or disassemble any part of the Service
5. CONTENT OWNERSHIP AND LICENSES
You retain all ownership rights to the content you upload to Casterfy. By using our Service, you grant Nome Forte a non-exclusive, worldwide, royalty-free license to:
- Host, store, and distribute your podcast content
- Generate RSS feeds for your episodes
- Create transcriptions of your audio/video content
- Display your content on customizable podcast pages
- Distribute your content to third-party platforms as configured by you
This license is solely for the purpose of providing and improving the Service. You may revoke this license at any time by deleting your content from the Service.
6. COPYRIGHT AND INTELLECTUAL PROPERTY
When submitting your podcast to Casterfy, you must confirm that:
- All content is proprietary, including music used, or has permitted usage
- You have obtained all necessary licenses and permissions for copyrighted material
- You can provide documentation of rights upon request
Nome Forte is not responsible for verifying the ownership or licensing of your content. You bear full responsibility for ensuring your content does not infringe on any third-party rights.
We reserve the right to remove any content that we believe infringes on copyright or intellectual property rights, and to terminate accounts of repeat infringers.
7. THIRD-PARTY PLATFORMS
Casterfy distributes your podcast content to various third-party platforms, including but not limited to:
- • Spotify
- • Apple Podcasts
- • YouTube Music
- • Amazon Music
- • Google Podcasts
- • Pocket Casts
- • Overcast
- • Castro
- • Podcast Addict
- • Castbox
- • iHeartRadio
- • Deezer
- • TuneIn
- • Player FM
- • Podchaser
- • Podbean
- • Buzzsprout
- • Transistor
Important Notice Regarding Third-Party Platforms
Each third-party platform listed above operates under its own Terms of Service, Privacy Policy, and Content Guidelines. These policies are established and maintained solely by the respective platforms and may be changed at any time without prior notice to Nome Forte or Casterfy users.
By using Casterfy to distribute your podcast, you acknowledge and agree that:
- Independent Policies: Each platform (Spotify, Apple Podcasts, Amazon Music, YouTube Music, etc.) has its own independent terms, policies, and content guidelines that are separate from these Terms of Service.
- Policy Changes: Third-party platforms reserve the right to modify, update, or change their terms, policies, features, monetization programs, and requirements at any time. These changes may affect how your content is displayed, distributed, or monetized on their platforms.
- Platform Requirements: Each platform may have specific technical requirements, content guidelines, and eligibility criteria (such as Spotify's monetization requirements of 1,000+ listeners in the last 30 days, 2,000+ hours listened, and 3+ published episodes). These requirements are subject to change by the respective platforms.
- No Control: Nome Forte does not control and cannot guarantee the policies, availability, features, or terms of any third-party platform. We are not responsible for any changes made by these platforms that may affect your podcast.
- Direct Agreements: Your use of each third-party platform may be subject to additional terms you agree to directly with that platform. It is your responsibility to review and comply with the terms of each platform where your podcast is distributed.
- Distribution Changes: Third-party platforms may remove, restrict, or modify the availability of your content at their discretion, in accordance with their own policies.
- Monetization Programs: Platform-specific monetization programs (such as Spotify's Partner Program) are governed by the respective platform's terms and may be modified, suspended, or terminated at any time by the platform.
Nome Forte will make reasonable efforts to inform users of significant changes to third-party platform policies when we become aware of them, but we are not obligated to do so and cannot guarantee the timeliness or completeness of such notifications.
8. LIMITATION OF LIABILITY
To the maximum extent permitted by law, Nome Forte shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to:
- Loss of profits, data, or business opportunities
- Damages resulting from third-party platform actions or policy changes
- Service interruptions or technical issues
- Unauthorized access to your account or content
- Any errors or omissions in the Service
Our total liability to you for any claims arising from these Terms or your use of the Service shall not exceed the amount you paid to us in the twelve (12) months preceding the claim.
9. INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Nome Forte, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or in any way connected with:
- Your access to or use of the Service
- Your violation of these Terms
- Your content or any third-party claims related to your content
- Your violation of any third-party rights, including intellectual property rights
10. TERMINATION
We may terminate or suspend your account and access to the Service immediately, without prior notice, for any reason, including if you breach these Terms.
You may terminate your account at any time by contacting us. Upon termination:
- Your access to the Service will be revoked
- We will make your content available for download for a period of 30 days
- After 30 days, your content may be permanently deleted
- Any outstanding payments will remain due
11. GOVERNING LAW
These Terms shall be governed by and construed in accordance with the laws of Brazil, without regard to its conflict of law provisions. Any disputes arising from these Terms or the Service shall be resolved in the courts of São Paulo, Brazil.
12. CONTACT INFORMATION
If you have any questions about these Terms, please contact us:
Nome Forte
Email: legal@nomeforte.com
Website: https://nomeforte.com