Terms of Service

Effective May 31, 2026

These Terms of Service (“Terms”) govern your access to and use of Podsmith (the “Service”), operated by Capacity in Reserve, LLC (“Podsmith,” “we,” “us”). By creating an account or using the Service, you agree to these Terms. If you do not agree, do not use the Service.

1. The Service

Podsmith is a podcast production and distribution platform that ingests, processes (mastering, transcription, summarization), hosts, and distributes audio and related content on your behalf. We may add, change, or remove features at any time.

2. Accounts

You must provide accurate information and keep your credentials secure. You are responsible for all activity under your account and your organization (workspace), including the actions of members you invite. You must be at least 18 years old, or the age of majority in your jurisdiction, to use the Service.

3. Acceptable use

Your use of the Service is subject to our Acceptable Use Policy, which is incorporated into these Terms. We may suspend or terminate accounts that violate it.

4. Your content

You retain all ownership of the audio, video, transcripts, artwork, metadata, and other material you upload or generate through the Service (“Your Content”). You grant us a worldwide, non-exclusive license to host, store, process, transcode, transcribe, summarize, reproduce, and distribute Your Content solely as needed to operate and provide the Service to you — including generating RSS feeds and delivering episodes to the destinations you configure.

You represent that you have all rights necessary to Your Content and that it does not infringe any third party’s rights or violate any law.

5. Distribution

You are responsible for the destinations you connect (e.g., RSS directories, YouTube, webhooks) and for complying with their terms. We provide the feeds and publishing mechanisms; we do not control third-party platforms and are not responsible for their availability or decisions.

6. Intellectual property

The Service, including its software, design, and trademarks, is owned by Capacity in Reserve, LLC and protected by law. These Terms grant you no rights to our intellectual property except the limited right to use the Service.

7. Third-party services

The Service relies on third-party providers (e.g., cloud hosting, object storage, authentication providers). Your use may be subject to their terms, and we are not liable for their acts or omissions.

8. Fees

Paid plans, if offered, are billed as described at the time of purchase. Fees are non-refundable except where required by law. We may change pricing prospectively with notice.

9. Termination

You may stop using the Service at any time. We may suspend or terminate your access for breach of these Terms or to protect the Service or other users. On termination, your right to use the Service ends; we may delete Your Content after a reasonable period unless required to retain it.

10. Disclaimers

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. We do not warrant that the Service will be uninterrupted, error-free, or secure.

11. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, CAPACITY IN RESERVE, LLC WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF DATA, REVENUE, OR PROFITS. OUR TOTAL LIABILITY FOR ANY CLAIM WILL NOT EXCEED THE AMOUNTS YOU PAID US IN THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR USD $100 IF YOU PAID NOTHING.

12. Indemnification

You will indemnify and hold harmless Capacity in Reserve, LLC from claims arising out of Your Content, your use of the Service, or your violation of these Terms or any law.

13. Changes

We may update these Terms. Material changes will be posted here with a new effective date. Continued use after changes constitutes acceptance.

14. Governing law

These Terms are governed by the laws of the United States and the state in which Capacity in Reserve, LLC is organized, without regard to conflict-of-laws rules.

15. Contact

Questions about these Terms: [email protected].