TERMS AND CONDITIONS

This Terms and Conditions ("Terms and Conditions) of use of the website and the services provided through it located in the domain https://www.podhash.com/ ("Website") is hereby issued by Hinter sp. z o.o. ("Hinter"), a company established and operating under the laws of Poland, having its registered office in Puławy, Poland, with KRS (National Court Register) no 0000812678 and tax number no 7162827816.

1. General Provisions

  1. The visitors (“Visitors”) of the Website are divided into guests ("Guests") and Users (“Users”). User is a collective name for the 2 types of Users listed in section 3.8.

  2. A Guest is a person who uses the Website without an account (“Account”) or who is not logged in to an Account.

  3. Through the Website, Hinter offers the possibility to search for podcaster ("Podcaster") on publicly available services. The Website also provides the possibility to access statistics, data and the possibility to catalogue them. Within the service, the User can also contact the given Podcaster.

  4. By using the Website, Visitor agrees to be bound by the terms of these Terms and Conditions. If you do not agree to the provisions of these Terms and Conditions, your continued use of the Website is not permitted.

  5. Services and content available on the Website are available to all Visitors, with the exception of services or content reserved for the specific plans described in section 3, which is clearly indicated by the content of the relevant subpage of the Website.

  6. The use of the Website is free of charge except for the functions and services reserved for the specific plans described in section 3.

  7. Unless otherwise stipulated, whenever Hinter's e-mail address is referred to, it is the e-mail address: hi@podhash.com

2. Account

  1. In order to obtain the possibility to use more functionalities of the Website, a Guest should register an Account ("Registration") and use the Website as a logged in User. The Account enables the User especially to activate the plans referred to in section 3.

  2. The User can only be a natural person with full legal capacity or a legal entity. In case of a legal entity, creating an Account on its behalf and performing all actions within the Website may only be performed by a person lawfully authorized to act in this regard on behalf of the entity.

  3. User can have only one Account on the Website. This rule shall not apply if:

    1. the User has Accounts used for private purposes and those related to his/her business activity;

    2. the User uses different Accounts in the scope of his/her business activity in connection with the operation of these Accounts by different representatives or branches of the enterprise run by the User, provided that in the scope of none of the Accounts there is a delay in payment for the services provided by Hinter;

    3. there will be a need to create another Account due to an inability to access the Account;

    whereby all exclusions in this regard shall be verified in detail by Hinter, which shall be entitled to suspend the Account for the duration of the verification or delete the Accounts in the absence of confirmation of the circumstances justifying the application of the above exclusion. The above exclusions shall not apply if used by the User solely for the purpose of avoiding payment of dues for services provided through the Website.

  4. Account Registration requires:

    1. filling in the form available on the Website and providing the required data, including e-mail address and a password or authentication through an external service provider such as Facebook or Google;

    2. reading the privacy policy and Terms and Conditions and accepting their provisions.

  5. After completing the data required for the Registration, a confirmation of Account creation and a link to activate the Account will be sent to the e-mail address provided by the User. Registration is completed at the moment of Account activation by the User. At this point in time, the agreement for an Account comes into effect. The User can only register anew with the same e-mail address after contacting Hinter first.

  6. An Account service agreement is concluded for an indefinite period of time upon Account activation.

  7. The User is obliged to provide true, correct and up-to-date data during the Registration process and the use of the Website, which he/she is authorized to use. The User is obliged to update the data in case of any changes.

  8. The User undertakes to keep the Account access data confidential and to protect it against access by third parties. The User shall inform Hinter immediately if it becomes aware that unauthorized third parties have obtained access data to the Account and shall change it immediately if possible.

  9. In order to ensure the proper functioning of the Website services and to protect and ensure the safety of those using it, Hinter reserves the right to perform additional verification of the timeliness and truthfulness of the data provided by the User and to require the User to confirm his/her identity and other necessary data in a manner selected by Hinter. If the verification of the User's data or identity is unsuccessful, Hinter may suspend or block the operation of the Account under the terms of section 9 of Terms and Conditions.

3. Subscription

  1. The Subscription may take the form of one of the Subscription plans ("Plan").

  2. Subscription is a relation between the User and Hinter caused by the fact that the User is subject to the Plan.

  3. A Subscription entitles the User to use the functionalities of the Website within the scope defined by selected Plan. The Plan is a service agreement between Hinter and User for the services. The entitlements and functionalities available under each Plan are presented at https://www.podhash.com/subscribe

  4. The available Plans are as follows.

    1. Pro Plan;

    2. Enterprise Plan.

  5. Trial Period. Upon activation of an Account, you may use the Service free of charge for a period of thirty consecutive days (the “Trial Period”). Upon its conclusion, in order to continue to use the Account, then you will be required to complete a registration form and provide us additional information
  6. The Freemium Plan is free of charge. The Pro Plan and the Enterprise Plan after the Trial Period are payable. Details of payment rules can be found in section 4

  7. The available Plans are as follows.

    1. Freemium User as a term for a User using the Freemium Plan;

    2. Pro User as a term for a User using the Pro Plan;

    3. Business User as a term for a User using the Enterprise Plan.

  8. The User obtains the status of a Pro User after selecting the Pro Plan and charging the first payment after the Trial Period. The Pro User loses this status when the Pro Plan expires.

  9. The User becomes a Business User after contacting Hinter using the form available at https://www.podhash.com/subscribe, agreeing and accepting conditions of the Plan and upon payment of the first payment as agreed with Hinter. The Business User loses this status when the agreement between him and Hinter expires.

  10. Each Account can have only one Plan at any one time.

  11. Hinter is entitled to change the conditions of the Plan, including the price, at any time. It shall notify you of the change via e-mail to the e-mail address assigned to User Account. The changes shall become effective on the date indicated by Hinter, but no less than 14 days after notification of the changes.

4. Payment

  1. The payment amount for the Pro Plan depends on the price quoted on the Website at the time the Subscription. The settlement period is a calendar month.

  2. It is possible to change the price during the duration of the Pro Plan. In order for the change to be binding, Hinter must inform the Pro User 14 days before the payment date via e-mail sent to the address assigned to the Account.

  3. The payment amount and the settlement period of the Enterprise Plan shall be subject to the conditions agreed between Hinter and the Business User on the basis of the agreement referred to in section 3.9.

  4. Payment for the Pro Plan shall be made via the Stripe payment platform ("Payment Service Provider"), in accordance with the terms and conditions established by the Payment Service Provider, which can be found at the following link https://stripe.com/legal/link-account-terms

  5. Payment for the Enterprise Plan shall be made by means of a bank transfer based on an invoice issued to the Business User by Hinter or with the use of Payment Service Provider.

  6. The payment currency will be U.S. dollar (USD).

  7. The Pro Plan is automatically renewed for the same period, unless you cancel before 11:59 p.m. in its time zone on the last day of the current Plan.

  8. All charges are inclusive of VAT where applicable. In certain circumstances, fees will not be subject to VAT, which does not preclude you from being subject to indirect tax in the country of the User paying for the Subscription.

  9. Hinter is not responsible for any incorrect data provided by the User on the basis of which the payment was made.

5. Termination

  1. User shall be entitled to terminate the agreement for the provision of the Account service with the Hinter at any time. The User shall inform Hinter of the termination of the Account via e-mail.

  2. The deletion of the Account does not cancel the obligation to payment of the fees due in relation to the settlement period begun.

  3. The User is not entitled to a refund for the unused Plan period.

  4. Hinter shall be entitled to terminate the agreement for the provision of the Account service with the User at any time. Hinter shall inform the User of the termination of the Account via e-mail. If the User has a valid payable Plan at the time of termination, then the termination shall take effect at the end of the current settlement period. The termination referred to in the preceding sentence is possible without period of termination in the event that the User with a valid payable Plan fulfils the conditions referred to in section 9.1. or if Hinter shall undertake to refund the value of the unused Subscription, which it shall return to the bank account assigned to the payment card provided for payment of the Subscription in the case of a Pro User or to the bank account from which the Plan was paid in the case of a Business User. The time limit for the reimbursement referred to in the previous sentence is 7 days from the termination.

  5. The Freemium Plan shall expire when:

    1. the Account has been deleted;

    2. The User has changed the Plan.

  6. The Pro Plan shall expire when:

    1. Pro User has cancelled Plan before 11:59 p.m. in its time zone on the last day of the current Plan. In such case, the Plan shall expire at the end of the settlement period.

    2. The Plan payment is more than 15 days in arrears.

    3. The User has changed the Plan. In such case, the current Plan shall expire at the end of the settlement period unless the User decides otherwise, being aware that he/she will not be entitled to a refund of the payment for the unused period of the Plan.

  7. The Enterprise Plan shall expire when:

    1. The conditions required for the termination of the Plan, as agreed between the Business User and Hinter, have been fulfilled.

    2. The Plan payment is more than 30 days in arrears.

    3. The User has changed the Plan. In such case, the current Plan shall expire at the end of the settlement period unless the User decides otherwise, being aware that he/she will not be entitled to a refund of the payment for the unused period of the Plan.

  8. Regardless of the provisions indicated above, Hinter may immediately delete the Account and terminate the Plan without refund of the payment for the unused Plan period in the cases referred to in section 9.1.

  9. Upon deletion of an Account or termination of Account service agreement, the User shall lose access to information submitted or generated in the course of using the Website.

  10. Upon expiry of a Plan, the User will lose access to the information and possibilities associated with access to that type of Plan.

  11. A customer or a natural person who enters into an agreement directly not related to his/her business activity, when it is clear from the content of the agreement that it is not of a professional nature for that person, may withdraw from the agreement relating to the service in question without stating a reason within 14 days of the conclusion of the agreement with Hinter, by submitting a statement to this effect via e-mail.

6. Technical Issues

  1. The Website is used via the public Internet network, which by its nature does not guarantee the reliability or confidentiality of the communication between the Visitor and Hinter, including with respect to the content of the information transmitted and the confidentiality of the data of the Visitor.

  2. It is recommended that you have updated antivirus software when using the Website.

  3. Hinter may sometimes restrict access to certain parts of the Website or the entire Website for both Guests and Users.

7. Intellectual property

  1. The Website as the exclusive property of Hinter is under copyright protection. It protects the contents of the Website, the tools that comprise its functionality and other works eligible under copyright law as protected works. All rights belong to Hinter and are reserved.

  2. Hinter reserves that any use, modification or further publication of the modified work owned by Hinter is prohibited.

  3. Publication of any data taken from the Website should include the exact address of the Website. Hinter notes that, notwithstanding compliance with the condition specified in the preceding sentence, it is prohibited to publish content owned by Hinter under copyright law for commercial purposes without Hinter prior written permission.

  4. The creation of any tool or database that contains data within the scope of Hinter’ activities, is prohibited.

  5. Any use of any portion of the Website, the copyright works that comprise it, or the provisions of this section constitutes copyright infringement. The infringer shall return or destroy all copies of the works and profits derived from the infringement of Hinter' copyright. The right to use the Website and Hinter' services shall terminate with immediate effect.

8. Data Privacy Information

  1. The Website operates in compliance with applicable data protection laws. Detailed information, scope, terms and conditions of the privacy are available on: https://www.podhash.com/ (https://www.podhash.com/privacy).

9. Inadmissible Visitor Activities

  1. Visitors are entitled to use the Website in accordance with its purpose, within the limits of the law and public decency and with respect to the rights and property of others. In particular, Visitors agree:

    1. not to take actions that could interfere with the proper functioning of the Website, including not to interfere with the content of the Website, the Account or Accounts of Users, or the IT elements of the Website;

    2. not to undertake illegal or unethical actions;

    3. to refrain from acting in bad faith, abusing the Website's functionality, using the Website and services provided through the Website inconsistently with its purpose and contrary to the Terms and Conditions;

  2. The Visitor shall comply with the obligation specified in Section 9 of Terms and Conditions at each stage of the use of the Website, in relation to each functionality offered.

  3. Hinter is entitled to block an Account if there is a suspicion that actions may have been or may be taken through the Account that jeopardize the safety of other Users on the Website, as well as in the event that actions taken through the Account negatively affect the good name of Hinter or otherwise harm Hinter.

  4. In the event of a serious infringement of the law using the Website, as well as a serious or repeated violation of Terms and Conditions, Hinter may, subject to the principles of proportionality and respect for freedom of circulation, suspend the Account or temporarily or permanently block them, which will be equivalent to a temporary suspension of the provision of services to the User, subject to the following rules:

    1. suspension of the Account shall mean temporary suspension of its functionality. The User whose Account has been suspended shall lose the possibility of active use of the Website. However, the User may browse the Website and the history of messages;

    2. blocking the Account shall mean that the User loses the possibility of logging into the Account.

10. Inquiries and Complaints

  1. Inquiries, requests, complaints and comments regarding the functioning of the Website or services provided through the Website should be sent to the e-mail address of Hinter. Complaint should contain at least a username, an e-mail address as well as a detailed description of circumstances and irregularities being the cause of occurrence. If the data or information provided in the complaint does not allow Hinter to recognize the complaint, Hinter will ask the User to clarify any doubts or to provide additional information via e-mail, if necessary for Hinter to recognize the complaint, indicating precisely such doubts or required information. If despite this, the User does not send the required data, Hinter may leave the complaint unprocessed.

  2. A complaint should be submitted within 30 days after the occurrence of the event complained of. Complaints will not be considered after the mentioned 30-day period.

  3. Complaints will be considered within 30 days of receipt. The answer to the complaint is sent via e-mail to the address given in the complaint application.

11. Hinter Liability

  1. Hinter makes reasonable efforts to ensure that the content on the Website is up-to-date, accurate, and available on an uninterrupted basis; however, Hinter is not responsible for any consequences resulting from the content being out of date, inaccurate, or not available at any time, including consequences resulting from reliance on such content.

  2. While Hinter makes every effort to ensure that the tools and services provided on the Website are available continuously and function properly, Hinter is not responsible for any consequences resulting from their malfunction or unavailability at any time, including consequences resulting from reliance on the tools and services.

  3. Hinter does not guarantee that a Podcaster will respond to an enquiry.

  4. Hinter will not be liable if for any reason the Website is unavailable at any time or for any period.

  5. Hinter makes every effort to keep the Website free of malware, but Hinter is not responsible for the effects of the use of the Website on the Visitor's computer system, including technical infrastructure and data.

  6. Hinter is not responsible for the correctness of the operators providing connectivity to the Website both on the part of Hinter and the persons using the Website.

  7. Hinter is not responsible for the legal, financial or any other consequences of the Visitor's use of the information provided on the Website. Hinter is not responsible for any damage or loss to you or any third party related in any way to your use of this information, including to make a decision on an individual matter. Your use of the Website and services provided through the Website is at your own risk.

  8. The User understands that data and content on the Website may not be exhaustive and that the analysis of data and content is based on content, provided to Hinter, the source of which is a third party. The data and content are based on publicly available data and content. Hinter is not obliged to and does not verify their accuracy.

  9. The regulations of the Country in which you use the Website may preclude you from using the Website to the full extent provided under the Plan for which you use it for which Hinter is not responsible.

  10. The Website may contain links to other websites owned by third parties. Hinter is not responsible for the availability of the content on those websites.

  11. Hinter reserves the right to interpret the content of the Terms and Conditions in a binding interpretation.

12. Final Provisionsy

  1. Hinter is entitled to amend Terms and Conditions at any time and at its discretion by uploading/publishing them on the Website. Amendments shall become effective on the date indicated by Hinter, but not less than 14 days from the notification of amendments to Terms and Conditions by their publication on the Website, unless otherwise provided by applicable law. User should check Website from time to time to review the changes made by Hinter as they are binding. Certain provisions contained in these Terms and Conditions may be superseded by provisions or information published on the Website.

  2. If the User does not agree to the amendments to Terms and Conditions, his/her continued use of the Website will not be permitted.

  3. Hinter may at any time change the scope or type of content available on the Website, as well as expand, change, limit or discontinue both in relation to some of the functionalities and the entirety of the tools or services available through the Website.

  4. Unless mandatory provisions of law provide otherwise, the law applicable to any agreements between the User and Hinter shall be the applicable provisions of Polish law.

  5. All disputes relating to the services provided by Hinter on the Website are subject to the exclusive jurisdiction of the court having jurisdiction over the registered office of Hinter and will be governed by the applicable laws of Poland.

  6. The customer has the right to use an out-of-court method of dispute resolution and submit a complaint via the online dispute resolution platform (ODR Platform) at: http://ec.europa.eu/consumers/odr/.

  7. If at a particular time Hinter does not invoke one of the provisions of these Terms and Conditions, this should not be construed as a waiver of the right to invoke it at a later date.

  8. If any provision of these Terms and Conditions is invalid or ineffective, the validity of the remaining provisions shall not be affected. The invalid or ineffective provisions will be replaced by provisions which are most closely related to the business purpose and nature of the relationship between Hinter and Visitors.