Terms of Service

1. Agreement to Terms

By accessing or using StrawberryData (“we,” “us,” “our”) products and services, you agree to be bound by these Terms of Service and our Privacy Policy. If you are using the services on behalf of an organization, you represent that you have authority to bind that organization to these terms.

2. Eligibility

You must be at least 18 years old to use our services. By using StrawberryData, you represent and warrant that you meet this age requirement and have the legal capacity to enter into this agreement.

3. Account Registration and Security

To access certain features, you must create an account. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account. We reserve the right to suspend or terminate accounts that violate these terms or for any reason at our sole discretion.

4. Description of Services

StrawberryData provides podcast analytics, AI-generated summaries, transcripts, and related intelligence tools. Services are provided on an “as-is” basis. We may modify, suspend, or discontinue any feature or the entire service at any time without prior notice. We do not guarantee uptime, availability, or accuracy of any content or analytics.

5. Enterprise Services

Our core podcast analytics platform is free to use. For businesses, creators, and agencies requiring custom solutions, we offer Enterprise services including custom podcast coverage, bulk data exports, advanced AI/ML/NLP models, and dedicated support.

• Custom agreements: Enterprise engagements are governed by separate agreements negotiated on a case-by-case basis.
• Billing: Payment terms for Enterprise services are specified in individual agreements.

6. Acceptable Use

You agree not to:

• Use the service for any unlawful purpose or in violation of any applicable laws
• Attempt to gain unauthorized access to our systems, other users' accounts, or data
• Interfere with or disrupt the service or servers/networks connected to the service
• Scrape, crawl, or use automated means to access the service without our written permission
• Resell, sublicense, or redistribute access to the service or its content
• Remove or alter any proprietary notices, labels, or marks
• Use the service to develop a competing product or service
• Share account credentials or allow others to access your account

We reserve the right to suspend or terminate access immediately for any violation of these terms.

7. Intellectual Property

All content, features, and functionality of the service (including but not limited to software, text, graphics, logos, and analytics methodologies) are owned by StrawberryData or its licensors and are protected by intellectual property laws. You are granted a limited, non-exclusive, non-transferable license to access and use the service for personal, non-commercial purposes in accordance with these terms. You may not copy, modify, distribute, sell, or lease any part of our services or content without written permission.

8. Third-Party Content

Our service displays and analyzes podcast content from third-party sources. We do not own, control, or endorse this content. Podcast audio, transcripts, and metadata belong to their respective owners. We are not responsible for the accuracy, legality, or appropriateness of third-party content. If you are a content owner with concerns about how your content appears on our platform, please contact us at info@strawberrydata.com.

9. AI-Generated Content

Summaries, analytics, insights, and other content are generated by automated systems and AI models. This content may contain errors, omissions, hallucinations, or inaccuracies. AI-generated summaries are interpretations and may not accurately reflect the original content's intent. You should not rely on AI-generated content as fact without independent verification. See our Disclaimer for more details.

10. User Content and Feedback

If you submit feedback, suggestions, or other content to us, you grant us a perpetual, irrevocable, worldwide, royalty-free license to use, modify, and incorporate that content into our services without compensation or attribution to you.

11. Disclaimer of Warranties

The service is provided “as is” and “as available” without warranties of any kind, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that the service will be uninterrupted, error-free, secure, or free of viruses or other harmful components. We make no guarantees regarding the accuracy, reliability, or completeness of any content or analytics. Your use of the service is at your sole risk.

12. Limitation of Liability

To the maximum extent permitted by law, StrawberryData, its owners, employees, affiliates, and licensors shall not be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to damages for loss of profits, goodwill, data, or other intangible losses, arising from (a) your use or inability to use the service; (b) any unauthorized access to or alteration of your data; (c) any third-party conduct or content on the service; or (d) any other matter relating to the service. Our total liability for all claims arising from or related to these terms or the service is limited to the greater of (i) the fees you paid us in the three months preceding the claim or (ii) one hundred dollars ($100).

13. Indemnification

You agree to indemnify, defend, and hold harmless StrawberryData, its owners, employees, and affiliates from any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from (a) your use of the service; (b) your violation of these terms; (c) your violation of any third-party rights; or (d) any content you submit through the service.

14. Termination

We may suspend or terminate your access to the service at any time, with or without cause, with or without notice. Upon termination, your right to use the service ceases immediately. Provisions that by their nature should survive termination shall survive, including but not limited to intellectual property, disclaimers, limitations of liability, and indemnification.

15. Changes to Terms

We may modify these terms at any time. Material changes will be posted on this page with an updated effective date. Your continued use of the service after changes are posted constitutes acceptance of the revised terms. We encourage you to review these terms periodically.

16. Governing Law and Dispute Resolution

These terms are governed by the laws of the State of New York, United States, without regard to conflict of law principles.

Informal Resolution: Before filing any claim, you agree to attempt to resolve the dispute informally by contacting us at info@strawberrydata.com. We will attempt to resolve the dispute within 30 days.

Arbitration: If informal resolution fails, any dispute arising from these terms or your use of the service shall be resolved by binding arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules. Arbitration shall take place in New York, NY, or may be conducted remotely. You waive any right to participate in a class action lawsuit or class-wide arbitration.

17. Miscellaneous

• Severability: If any provision of these terms is found to be unenforceable, the remaining provisions remain in full force and effect.
• Waiver: Our failure to enforce any right or provision does not constitute a waiver of that right or provision.
• Entire Agreement: These terms, together with our Privacy Policy and Disclaimer, constitute the entire agreement between you and StrawberryData.
• Assignment: You may not assign or transfer these terms without our consent. We may assign our rights and obligations without restriction.

18. Contact

For questions about these terms, contact us at info@strawberrydata.com.