Terms of Use

Terms & Conditions for the CastPlus website, software & services.

CastPlus Terms and Conditions

Last updated: October 06, 2024

Please read these terms and conditions carefully before using Our Service.

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions.

The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of these Terms and Conditions:

  • Affiliate means an entity that controls, is controlled by, or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest, or other securities entitled to vote for election of directors or other managing authority.
  • Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Be ECom24 Limited, a UK registered company, company number SC276560.
  • Country refers to the United Kingdom.
  • Service refers to the web-based or app software named CastPlus, its supporting server-side software, and its product website accessible from https://castplus.fm.
  • Terms and Conditions (also referred to as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.
  • You means the individual accessing or using the Service, or the company or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Acknowledgement

These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all website visitors, users, and others who access or use the Service.

By accessing or using the Service, You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions, then You may not access the Service.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use, and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

Links to Other Websites

Our Service may contain links to third-party websites or services that are not owned or controlled by the Company. The Company has no control over and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.

We strongly advise You to read the terms and conditions and privacy policies of any third-party websites or services that You visit.

Termination

We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.

Upon termination, Your right to use the Service will cease immediately.

Fair Usage Policy

1. Overview

We are committed to providing a high-quality and reliable service to all our users. To ensure this, we have implemented a Fair Usage Policy ("FUP") to prevent any misuse of our resources that could impact the performance and availability of our services for other users.

2. Fair Usage Limits

While we do not impose a fixed limit on the amount of data you can upload or data bandwidth you can consume to transfer data in or out out, either directly or otherwise, such as podcast listening apps, we monitor usage to ensure it remains within reasonable bounds. Usage that is significantly higher than the average or typical usage of our customers may be deemed excessive.

3. Excessive Usage

If your data or bandwith usage is considered excessive or unreasonable, we will contact you to discuss your usage patterns. This assessment will be based on factors including, but not limited to:

  • The volume of data uploaded
  • The frequency and duration of data uploads
  • The bandwidth used for data transfer in or out
  • The impact on our system resources and overall platform performance
  • The cost implications of servicing your usage

4. Managing Excessive Usage

In the event of excessive usage, we may take the following steps:

  • Contact you to discuss and understand your usage requirements
  • Propose a solution, which may include:
    • Modifying your usage patterns
    • Offering an alternative plan or service that better meets your needs
    • Implementing technical measures to manage the impact on our platform

5. Consequences of Unresolved Excessive Usage

If we are unable to reach a resolution regarding your excessive usage, we reserve the right to take further action, including but not limited to:

  • Limiting your ability to upload further data
  • Limiting your ability to transfer data in or out
  • Imposing additional charges to cover the increased costs
  • Suspending or terminating your account

6. Notification and Communication

We will endeavor to provide you with reasonable notice and work with you to address any issues arising from your data usage. Our goal is to ensure fair access to our services for all users while managing the operational and financial impact on our platform.

7. Changes to the Fair Usage Policy

We reserve the right to modify this Fair Usage Policy at any time. Any changes will be communicated to you via email or through our platform, and your continued use of our services will constitute acceptance of the updated policy.

Limitation of Liability

Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of these Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven't made any payment to use the Service.

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever...

"AS IS" and "AS AVAILABLE" Disclaimer

The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law.

Indemnification

You agree to indemnify, defend, and hold harmless the Company, its officers, directors, employees, agents, and third parties, for any losses, costs, liabilities, and expenses (including reasonable attorney's fees) relating to or arising out of Your use of or inability to use the Service...

Governing Law

The laws of the United Kingdom, excluding its conflicts of law rules, shall govern these Terms and Your use of the Service...

Dispute Resolution

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.

For European Union (EU) Users

If You are a European Union consumer, You will benefit from any mandatory provisions of the law of the country in which You are resident.

United States Legal Compliance

You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a “terrorist-supporting” country...

Severability and Waiver

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.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party's ability to exercise such right or require such performance at any time thereafter...

Translation Interpretation

These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.

Changes to These Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material, We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect...

Contact Us

If you have any questions about these Terms and Conditions, You can contact us:

  • By email: support [AT] castplus.fm
© 2024 CastPlus