Terms of Service

Terms of Service for element.fm LLC

Last Updated: 2025-01-23

1. Acceptance of Terms

By accessing or using element.fm LLC (“Service”), you agree to be bound by these Terms of Service (“ToS”). If you disagree with any part, you may not use our services.

2. Definitions

  • Service: Podcast hosting, distribution, analytics, and related services
  • Content: Audio files, artwork, metadata, and other materials uploaded
  • User: Any individual or entity using the Service

3. Eligibility

  • Must be at least 18 years old
  • Authorized to agree to these terms on behalf of any organization

4. Account Registration

  • Provide accurate and complete information
  • Maintain security of credentials
  • Notify us immediately of unauthorized use

5. Service Usage

We provide:

  • Podcast hosting and storage
  • Distribution to major platforms (Apple Podcasts, Spotify, etc.)
  • Analytics and listener statistics
  • RSS feed generation and management

6. User Responsibilities

You agree to:

  • Comply with all applicable laws and regulations
  • Own or have rights to all uploaded Content
  • Not upload content that:
    • Infringes intellectual property rights
    • Contains illegal material
    • Includes hate speech or harassment
    • Violates privacy rights

7. Prohibited Activities

  • Reverse engineering or unauthorized access
  • Spamming or malicious software distribution
  • Impersonation or fraudulent activity
  • Excessive bandwidth consumption (beyond fair use)

8. Intellectual Property

  • You retain ownership of your Content
  • Grant us a worldwide, non-exclusive license to host and distribute your Content
  • We retain rights to our platform, trademarks, and proprietary technology

9. Payments & Billing

  • Paid plans require valid payment information
  • Fees are non-refundable except as required by law
  • We may change prices with 30 days’ notice

10. Termination

  • You may cancel at any time
  • We may suspend or terminate accounts for ToS violations
  • Surviving clauses: 8, 10, 12-15

11. Disclaimer of Warranties

Service provided “AS IS” without warranties of:

  • Merchantability
  • Fitness for particular purpose
  • Non-infringement
  • Continuous operation

12. Limitation of Liability

We are not liable for:

  • Indirect, incidental, or consequential damages
  • Loss of data or profits
  • Third-party actions

13. Indemnification

You agree to defend and indemnify us against claims arising from:

  • Content violations
  • Account misuse
  • Breach of these ToS

14. Governing Law

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

15. Changes to Terms

We may update these terms with 30 days’ notice. Continued use constitutes acceptance.

16. Contact Us

For questions: webmaster@element.fm

By using our Service, you acknowledge that you have read and understood these Terms of Service.