Terms of Service

1. Agreement

These Terms of Service ("Terms") govern your use of shotucastnet.com and the Shoutcast streaming audience-retention analytics platform (collectively, the "Service") operated by Shoutcast, Inc. ("the Company," "we," "us," or "our"), located at 6255 Sunset Boulevard, Suite 900, Los Angeles, CA 90028. By accessing or using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.

The Service is a B2B analytics tool. If you are accessing the Service on behalf of a streaming network, podcast group, or other organization, you represent that you have the authority to bind that organization to these Terms.

2. Use of the Service

• You must be at least 18 years old or have the consent of a parent or legal guardian to use the Service.
• You agree not to use the Service for unlawful purposes, to interfere with its operation, or to attempt to gain unauthorized access to systems or data.
• You may not scrape, reverse-engineer, or copy the Service except as permitted by applicable law.
• You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account.
• The streaming-telemetry data you submit through our ingest pipeline must be data you have the right to process and transmit. You represent that any listener data you connect to the Service was collected lawfully and is governed by your own privacy disclosures to your audiences.

3. Intellectual Property

The Service, including all text, graphics, logos, algorithms, and software, is owned by Shoutcast, Inc. or its licensors and is protected by U.S. and international intellectual-property laws. We grant you a limited, non-exclusive, non-transferable license to access the Service for its intended purpose during any active trial or paid subscription period.

Retention reports, analytics exports, and dashboard outputs you generate through the Service are your data. We claim no ownership of the processed analytics results derived from your streaming network's listener data.

4. User Content

You are responsible for any content you submit through the Service (including via contact forms, support tickets, or email). You represent that you have all necessary rights to submit such content. You grant us a limited license to use, store, and process the content as necessary to provide the Service and respond to your inquiry.

5. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, SHOUTCAST, INC. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE RETENTION ANALYTICS GENERATED BY THE SERVICE ARE FREE FROM ERROR OR THAT ANY PARTICULAR PROGRAMMING DECISION MADE IN RELIANCE ON THEM WILL ACHIEVE ANY PARTICULAR AUDIENCE OUTCOME.

6. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SHOUTCAST, INC. AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM OR IN CONNECTION WITH YOUR USE OF THE SERVICE. OUR TOTAL LIABILITY FOR ANY CLAIM ARISING FROM OR RELATED TO THE SERVICE WILL NOT EXCEED THE GREATER OF (A) USD $100 OR (B) THE AMOUNTS YOU PAID TO US IN THE 12 MONTHS PRECEDING THE CLAIM.

Some jurisdictions do not allow the exclusion of certain warranties or limitation of certain damages; in those jurisdictions, our liability will be limited to the maximum extent permitted by law.

7. Indemnification

You agree to defend, indemnify, and hold harmless Shoutcast, Inc. from any claims, damages, liabilities, and expenses (including reasonable attorneys' fees) arising from (a) your use of the Service, (b) your violation of these Terms, or (c) your violation of any third-party right, including any claim that listener data you submitted to the Service was collected or transmitted without lawful basis.

8. Termination

We may suspend or terminate your access to the Service at any time, with or without notice, for any reason, including violation of these Terms. On termination, your right to access the Service ceases and we will delete or return your data in accordance with our data-retention schedule. Sections that by their nature should survive termination will survive (including Sections 3, 5, 6, 7, 9, and 10).

9. Governing Law; Dispute Resolution

These Terms are governed by the laws of the State of California, without regard to its conflict-of-law principles.

Informal Resolution. Before filing a claim, you agree to contact us at [email protected] and attempt informal resolution for at least 60 days.

Arbitration. Any dispute that cannot be resolved informally will be settled by binding arbitration administered in California, USA under the rules of the American Arbitration Association ("AAA"). Judgment on the arbitrator's award may be entered in any court of competent jurisdiction. You and Shoutcast, Inc. each waive the right to a jury trial and the right to participate in a class action.

Exception. Either party may seek injunctive relief in a court of competent jurisdiction located in California, USA for intellectual-property infringement or unauthorized access to the Service.

10. Changes to These Terms

We may update these Terms from time to time. Material changes will be posted with a new effective date. Continued use of the Service after the effective date of the updated Terms constitutes acceptance.

11. Contact