Captivate.fm — Terms & Conditions
Last updated: 30 April 2026
Contact: [email protected]
1. Introduction
1.1. Captivate.fm (“Captivate”, “we”, “us”, “our”) is a website owned by Captivate Audio Ltd, a company registered in England and Wales (company number 11840222) with a registered address at 30 Leicester Square, London, UK WC2H 7LA.
1.2. Captivate provides a podcast hosting platform and related tools to help podcasters publish, grow and monetise podcasts.
1.3. These Terms & Conditions (“Terms”) govern your use of Captivate and the Services. By creating an Account, accessing or using Captivate, you agree to be bound by these Terms. If you do not agree, you must not use Captivate.
1.4. If you breach these Terms, we may suspend or terminate your access to Captivate and/or the Services in accordance with these Terms.
2. Order of precedence
2.1. If there is any conflict between:
2.1.1. these Terms; and
2.1.2. any product-specific terms for a feature you enable (for example Monetisation Functionality, Captivate Assistant or Apple Video Podcasting), the product-specific terms apply to the extent of the conflict for that feature only.
3. Where to find information about us and our Services
3.1. You can find everything you need to know about us, Captivate Audio Ltd, and our Services on our website before you order.
3.2. We also confirm the key information to you in writing after you order, for example by email and/or in your Account.
4. When you buy from us you are agreeing that:
4.1. we charge you when your subscription starts and then at regular intervals;
4.2. your subscription renews automatically until you cancel;
4.3. if you are a UK Consumer, you have a legal right to change your mind (see clause 11);
4.4. you can cancel your subscription at any time via your Account dashboard, or by contacting customer support to request cancellation;
4.5. we can change the Services and these Terms (and you have rights if we do);
4.6. we can suspend supply (and you have rights if we do);
4.7. we don’t compensate you for all losses caused by us or the Services;
4.8. we use your personal data as set out in our Privacy Policy; and
4.9. other important terms apply to our contract.
5. You are a Business Customer if you are buying Services wholly or mainly for use in connection with your trade, business, craft or profession, even if you are an individual.
6. Definitions
In these Terms:
“Account” means the Captivate account you create.
“Customer”, “you”, “your” means the person or legal entity that creates an Account.
“Consumer” means an individual acting for purposes wholly or mainly outside their trade, business, craft or profession.
“Business Customer” means any Customer who is not a Consumer (including where you are an individual buying Services wholly or mainly for use in connection with your trade, business, craft or profession).
“Services” means the Captivate podcast hosting platform and any features we make available to you through Captivate from time to time, including (where enabled) analytics, AMIE, Captivate Assistant, Monetisation Functionality and Apple Video Podcasting.
“User Material” means any content and materials you upload, submit, publish, host, transmit or otherwise make available through the Services (including audio, video, artwork, metadata, show notes, transcripts and any other text, images or files).
“Monetisation Functionality” means one or more monetisation features made available by Captivate, including:
- “Tipping Functionality” (one-off voluntary payments); and/or
- “Membership Functionality” (recurring paid memberships).
- “Tips”, “Tippers”, “Members”, “Membership Payments”, “Membership Tiers” and “Benefits” have the meanings set out in Section B (Monetisation).
“Video Usage Charges” means the recurring monthly video podcasting fee and any additional usage-based charges.
“Intellectual Property Rights” means all intellectual property rights including copyright, trade marks, trade names, domain names, database rights, design rights, patents, trade secrets, moral rights, goodwill and the right to sue for passing off, and all similar or analogous rights anywhere in the world, whether registered or unregistered.
7. Data protection and privacy
7.1. We will process personal data in accordance with applicable UK data protection laws and our:
- Privacy Policy: https://www.captivate.fm/privacy
- Privacy Policy for Listeners: https://www.captivate.fm/privacy-policy-for-listeners
- Cookie Policy: https://www.captivate.fm/cookie-policy
7.2. Where you collect, upload, access or otherwise process personal data about listeners, subscribers, Tippers, Members or any other individuals using the Services, you are responsible for ensuring you have a lawful basis to do so and for complying with all applicable data protection laws in your jurisdiction(s). Captivate is not responsible for your compliance decisions.
8. Age restrictions
You must be 18 years old or over to create an Account or use the Services.
9. Purchases (online ordering)
9.1. If you wish to purchase a subscription or other Services on our site, you will be guided through the purchase process. You are responsible for checking your order carefully before submitting it.
9.2. We will send an order acknowledgement email soon after you place your order. This acknowledgement email is not acceptance of your order.
9.3. If we do not accept or cannot fulfil your order, we will not take payment. If we have taken payment and the order is not successful, we will refund you as soon as possible and in any event within the time limits required by law.
9.4. The contract between you and us is formed when we send you our order acceptance email (or otherwise confirm acceptance in your Account).
10. Payment, renewal, cancellation and refunds
Payment
10.1. Current prices are shown at: https://www.captivate.fm/signup (or any replacement URL we notify to you).
10.2. You represent and warrant that payment details you provide are accurate and that you are authorised to use the payment method.
Free trials
10.3. All Captivate plans come with a 30-day free trial, and you may cancel at any time during the trial before you are charged.
10.4. At the end of the free trial, billing will begin automatically unless you cancel before the trial ends.
10.5. If you cancel during a free trial, your access to Captivate will end.
Automatic renewal.
10.6. Your subscription automatically renews until you cancel.
10.7. You will be billed:
10.7.1. for monthly subscriptions: on the same calendar day each month (or the closest possible day if a month has fewer days); and
10.7.2. for annual subscriptions: on the same calendar date each year.
How to cancel
10.8. To cancel your subscription (so it does not renew), you must first close any active podcasts on your account and then cancel the Account. You will still be billed if you have not closed your shows. Step-by-step guidance is available here (which may be updated from time to time).
10.9. Cancelling billing stops future subscription charges. You are responsible for exporting/backing up your User Material and for taking any steps you need to remove or redirect your podcast feeds from third-party directories before your subscription ends.
10.10. Important. Cancelling billing does not automatically delete your User Material or remove your podcast from third-party directories. You are responsible for any exports/backups you require before your subscription ends.
10.11. If you cancel a paid subscription, you will no longer have access to the Captivate dashboard and you will not receive a refund for any unused term left remaining, and you will not be billed again. You may reactivate your subscription and restore your account by contacting the Support Team within 30 days of the cancellation, but after this time your data will not be retrievable. If we provide a different cancellation flow for a specific plan, we will show that flow in-product.
10.12. Ending the contract if we suspend supply for a prolonged period
10.12.1. If we suspend the Services for longer than one week, we adjust the price so you don’t pay for it while it is suspended.
10.12.2. If we suspend supply, or tell you we’re going to suspend supply, for more than one week you can end the contract and we’ll refund any sums you’ve paid in advance for Services you won’t receive.
11. Cooling-off for UK Consumers (your legal right to change your mind)
11.1. Your legal right to change your mind
If you are a UK Consumer, you have a legal right to change your mind about your purchase and receive a refund of what you paid for it. This is subject to some conditions, as set out below.
11.2. Services supplied during the cooling-off period
If you asked us to start providing the Services during the 14-day cooling-off period, and you then cancel during that period, we may deduct a pro rata amount for the period you used the Services (where the law allows us to do so).
11.3. How to let us know
To let us know you want to change your mind, contact our Customer Service Team at [email protected] and/or cancel in your Account settings (details are provided during the order process).
11.4. When and how we refund you
We refund you as soon as possible and within 14 days of you telling us you’ve changed your mind. We refund you by the method you used for payment. We don’t charge a fee for the refund.
12. Refund policy (general)
12.1. Except where required by law, subscription and recurring fees are non-refundable once charged.
12.2. From time to time, we may run promotional offers such as “money-back guarantee” offers. Any such offer applies only on the terms stated for that offer at the time, including eligibility criteria and time limits.
13. Price changes
13.1. We may change subscription prices from time to time. We will notify you in advance of any changes and, where applicable, how to accept or reject the change.
13.2. Price changes will take effect at the start of your next subscription period. If you do not agree with a price change, you may cancel your subscription before the change takes effect.
14. Failed payments and non-payment
14.1. If payment is refused, rejected or declined for any reason, we may suspend or cancel your subscription and/or access to the Services.
14.2. If payment fails, we will automatically retry to process payment. After a week, your podcast(s) may be suspended until payment is processed successfully. We may change this process from time to time.
14.3. Failure to pay may result in reduction, suspension or termination of Services and may impact distribution (for example, your podcast’s availability in third-party directories such as Apple Podcasts, Spotify and other podcast apps).
14.4. Where we reasonably believe that your use of a usage-based feature (including Apple Video Podcasting) presents a heightened risk of unpaid charges, fraud or disproportionate cost exposure, we may require advance payment, a valid payment method, deposit or other reasonable payment security as a condition of continued access to that feature, and may suspend or pause the relevant feature until this is provided.
15. Downloads/bandwidth and fair usage
15.1. Where pricing is based on downloads and/or bandwidth, we may apply a fair usage policy where required. We will contact you before taking action except in urgent circumstances (for example to protect platform stability).
15.2. If you exceed your plan limit in any single month, we will not take action except where we apply the fair usage policy.
15.3. If you exceed your plan limit for two consecutive calendar months, we will reach out to you about upgrading to the next tier from your next billing date, or within 7 days of our email, depending on your billing frequency.
15.4. In the event of any dispute about usage or charges, our usage records and the records of our relevant service providers will be prima facie evidence of usage unless shown to be manifestly incorrect.
16. Links to third-party sites and distributing your podcasts
16.1. Captivate may include links to third-party sites. If you follow a third-party link, these Terms no longer apply once you leave Captivate’s website.
16.2. We recommend that you read the relevant third-party terms and policies before interacting with third-party sites or services.
17. Conduct and acceptable use
17.1. You agree to use Captivate in compliance with these Terms and all applicable laws.
17.2. You must not upload, download, stream or transmit malware or malicious code through the Services.
17.3. You must not upload, download, stream or transmit unlawful, harmful, hateful, discriminatory, harassing, obscene, defamatory or otherwise inappropriate content.
17.4. You must not attempt to gain unauthorised access to Captivate, the servers on which it is stored, or any server, computer or database connected to it.
17.5. Breaches may constitute criminal offences (including under the Computer Misuse Act 1990 (UK) and/or other applicable laws). We may report breaches to relevant authorities and cooperate by disclosing information as required by law.
17.6. Resale/agency use
You must not re-sell Captivate (in whole or part) without our prior written agreement. If you wish to use Captivate as part of your offering, you must contact us at [email protected] to agree the appropriate plan and permissions.
17.7. Hosting rights
You agree you will only host podcasts that you personally own unless you are on the Business Plan that explicitly allows you to host your client’s podcasts on your account.
17.8. Affiliate restrictions. If you participate in our affiliate programme, you must not sign up for a Captivate account using your own affiliate link and must not run paid advertising to your affiliate link, unless we explicitly permit this in writing.
17.9. Behaviour towards staff/users. We will not tolerate rude, abusive or discriminatory language towards our staff or other users.
17.10. Provision of Services / availability
17.10.1. We may suspend or interrupt Services to resolve technical issues, maintain or improve the platform, or for security reasons.
17.10.2. Unless urgent action is required, we will aim to notify customers in advance of planned interruptions.
17.10.3. We can suspend supply (and you have rights if we do). If we suspend the Services for longer than one week, we adjust the price so you don’t pay for it while it is suspended. If we suspend supply, or tell you we’re going to suspend supply, for more than one week you can end the contract and we’ll refund any sums you’ve paid in advance for Services you won’t receive.
17.11. Where you choose to distribute your podcast or other User Material to a third-party platform or directory through the Services, including Apple Podcasts, Spotify, YouTube, and other podcast apps, you acknowledge that your use of that platform is subject to its own terms, conditions and policies. By enabling or requesting distribution to that platform, you agree to those third-party terms, conditions and policies. You are responsible for ensuring that you have read and understood them before doing so and for complying with them on an ongoing basis.
17.12. We may rely on any instruction you give through the Services to enable or manage distribution to a third-party platform as authority for us to take the relevant action on your behalf.
18. Changes to these Terms
18.1. We may update these Terms from time to time. If we do so, we will update the “Last updated” date at the top and may provide additional notice (for example via email or in-product notifications).
18.2. Changes we can always make
We may change these Terms to reflect changes in relevant laws and regulatory requirements, to make minor technical adjustments and improvements, or for security reasons.
18.3. Changes we can only make if we give you notice and an option to terminate
We can also make other changes to the Services or these Terms, but if we do so we’ll notify you in advance and you can end the contract before the change takes effect.
19. Limitation of liability
19.1. Statistics and analytics. Statistics and analytics are measured as accurately as reasonably possible. We do not guarantee that analytics will be error-free, complete or always available.
19.2. If a loss is caused by Apple or another third-party platform or service provider that is outside our control, we are not responsible for that loss unless the law says otherwise.
19.3. Losses we never limit or exclude. Nothing in these Terms shall limit or exclude our liability for:
19.3.1. death or personal injury caused by negligence to the extent preserved by section 2(1) of the Unfair Contract Terms Act 1977;
19.3.2. fraud or fraudulent misrepresentation;
19.3.3. breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982;
19.3.4. defective products under the Consumer Protection Act 1987; or
19.3.5. any liability that cannot legally be limited.
19.4. Our liability to Consumers (Consumers only). Subject to clause 19.2, We’re not responsible for losses you suffer caused by us breaking this contract if the loss is:
19.4.1. Unexpected. It was not obvious that it would happen and nothing you said to us before we accepted your order meant we should have expected it (so, in the law, the loss was unforeseeable).
19.4.2. Caused by a delaying event outside our control. As long as we have taken the steps set out in these Terms.
19.4.3. Avoidable. Something you could have avoided by taking reasonable action. For example, damage to your own digital content or device, which was caused by digital content we supplied and which you could have avoided by following our advice to apply a free update or by correctly following the installation instructions or having the minimum system requirements advised by us.
19.5. If you are a UK Consumer and defective digital content we supply damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay compensation. We are not liable for damage you could have avoided by following our advice to apply an update offered free of charge, or damage caused by you failing to follow installation instructions or minimum requirements we specify.
19.6. Our liability to businesses (Business Customers only). If you're a Business Customer, then, except in respect of the losses described in clause 19.2:
19.6.1. we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and
19.6.2. our total liability to you for all other losses arising under or in connection with the Services, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the fees actually paid by you to Captivate in the most recent billing cycle preceding the event giving rise to the claim.
19.7. Without limiting clause 19.2, we shall not be liable for any loss arising from:
19.7.1. any act, omission, decision, outage, delay, rejection, suspension, removal or restriction by Apple or any other third-party platform or service provider;
19.7.2. any failure of a third-party platform to accept, distribute, display or continue making available any content;
19.7.3. any loss of audience, downloads, revenue, advertising opportunity, goodwill, discoverability or ranking; or
19.7.4. any inaccuracy, discrepancy or unavailability in analytics or reporting, except to the extent caused by our failure to use reasonable care and skill and not otherwise excluded under these Terms.
19.8. No implied terms about goods. We exclude all terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982.
20. Intellectual property
20.1. We own (or are the licensee of) all Intellectual Property Rights in Captivate and the Services, including the website, software, and branding (excluding User Material).
20.2. You must not copy, duplicate, reverse engineer, or otherwise misuse Captivate content or technology except as permitted by law or with our prior written consent.
20.3. Your User Material. You retain your Intellectual Property Rights in your User Material. You must ensure that you have all rights, licences, consents, permissions and releases necessary for:
20.3.1. the audio and visual content included in your User Material;
20.3.2. any music, sound recordings, underlying compositions, clips, images, logos, graphics or footage included in your User Material;
20.3.3. the appearance, voice, name, likeness and any personal data of any identifiable individual featured in your User Material.
20.4. Licence to Captivate. By uploading or making User Material available via the Services, you grant Captivate a non-exclusive, worldwide licence to host, store, reproduce, transmit and display your User Material as necessary to provide the Services to you. This licence continues for the period you use the Services and for any additional period required for backups, security, compliance and deletion processes.
20.5. Deletion after termination. Any User Material and/or data you upload to the platform will be deleted from our systems within 30 days after termination of your use of the platform, except to the extent we are required or permitted to retain it by law, for legitimate business purposes (for example dispute resolution), or in backups for a limited period.
20.6. Your warranties
You warrant that:
20.6.3.1. you own or are licensed to use your User Material and have the right to grant the licence in clause 20.4;
20.6.3.2 you have all rights, licences, consents, permissions and releases necessary to submit your User Material to Captivate and use the Services;
20.6.3.3. Captivate may use User Material to provide the Services and without payment of royalties or other sums to third parties;
20.6.3.4. in respect of the User Material you have obtained all necessary consents, releases and permissions from any identifiable persons and any rightsholders;
20.6.3.5. where User Material includes video, images, footage, music, sound recordings, compositions, names, likenesses, performances or other third-party materials, you have obtained all rights, licences, consents, releases and permissions necessary for upload, hosting, distribution and exploitation through the Services and any relevant third-party platforms;
20.6.3.6. your User Material complies with applicable law, including advertising, sponsorship, consumer protection, privacy and data protection laws, and any applicable third-party platform requirements; and
20.6.3.7. your User Material is not confidential and does not infringe Intellectual Property Rights, privacy or other rights, and is not unlawful, libellous or defamatory.
20.7. Indemnity
You agree to indemnify and hold harmless Captivate and its affiliates against losses, costs, claims, liabilities, damages, fines and expenses (including reasonable legal fees) suffered by Captivate and its affiliates arising out of your breach of clauses 17(Conduct and Acceptable Use) and 20 (Intellectual Property), to the extent permitted by law.
20.8. Copyright complaints (notice-and-takedown)
20.8.1. Disclosure of identity. We may disclose your identity to a third party who claims your User Material violates their rights, where legally required or reasonably necessary to address the claim.
20.8.2. If you are a copyright owner, authorised to act on behalf of one, or authorised to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through our site by sending us a notice (“Notice”) complying with the following requirements.
- Identify the copyrighted works that you claim have been infringed.
- Identify the material or link you claim is infringing (or the subject of infringing activity) and access to which is to be disabled, including at a minimum, if applicable, the URL of the link shown on the site where such material may be found.
- Provide your mailing address, telephone number, and, if available, email address.
- Include both of the following statements in the body of the Notice:
“I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorised by the copyright owner, its agent, or the law (e.g., as a fair use).”
“I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorised to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
Provide your full legal name and your electronic or physical signature.
Deliver this Notice, with all items completed, to our Podcaster Support & Experience Lead, Danny Brown, by emailing [email protected].
21. Severability
If any provision of these Terms is found unlawful, invalid or unenforceable by a court or other competent authority, that provision will be severed and the remaining provisions will remain in force.
22. Law and jurisdiction
22.1. Unless otherwise required by mandatory laws in your country of residence, any disputes concerning these Terms of Use (and any non-contractual disputes/claims arising out of or in connection with them) or the relationship between customers, visitors and Captivate or any matters arising therefrom or associated therewith are subject to the laws of England, without regard to choice or conflicts of law principles, unless you are a US resident in which case the laws of New York shall apply.
22.2. You and Captivate agree to the jurisdiction of the English courts to resolve any dispute, claim, or controversy that arises in connection with the Terms (and any non-contractual disputes/claims arising out of or in connection with them), the relationship between customers, visitors and Captivate or any matters arising therefrom or associated therewith, except where under applicable mandatory laws, you can choose to bring legal proceedings in your country of residence, or we are required to only bring legal proceedings in your country of residence, or if you are a US resident, in which case the New York courts shall have jurisdiction.
Section B
1. Video Podcasting
1.1. Video Podcasting is an optional video hosting add-on to your existing plan that enables you to upload, host, distribute and measure video podcast content for distribution to third-party video platforms or directories such as Apple Podcasts via HLS.
1.2. Video Podcasting is only available on an active paid Captivate subscription. It is not available during free trials.
1.3. Video Podcasting may not be available in all territories. Availability may be limited or restricted based on Apple’s requirements, the availability of third-party services, or other legal, technical or commercial reasons.
2. Eligibility and activation
2.1. Video Podcasting is available to paying Customers only.
2.2. By enabling Video Podcasting, you agree to comply with:
2.2.1. these Terms;
2.2.2. any technical requirements, documentation or guidance we provide from time to time; and
2.2.3. any applicable terms, policies, requirements or restrictions imposed by third-party platforms or directories such as Apple in relation to Apple Podcasts and/or HLS distribution including https://podcasters.apple.com/support/891-content-and-subscription-guidelines.
3. Fees and billing
3.1. Video Usage Charges are billed monthly in arrears and may be charged automatically to your saved payment method. Fees are based on downloads and bandwidth usage as determined by us acting reasonably and as described in our applicable documentation – you can view this information here.
3.2. Any usage, cost or billing information shown in your dashboard is provided for convenience and informational purposes only. It may be delayed, estimated or subject to adjustment, and does not prevent us from charging the actual amounts due under these Terms.
3.3. Prices stated for Video Podcasting are inclusive of VAT.
3.4. We may change the monthly fee, the included usage allowance, the bandwidth charge, or any other Video Usage Charges on at least 60 days’ prior notice. Any such change will take effect from the date stated in the notice.
3.5. Except where required by law (including applicable cooling-off rights for Consumers), Video Podcasting fees and usage charges are non-refundable once charged.
4. Technical limits and service rules
4.1. Videos uploaded for Apple Video Podcasting are processed at 720p. If you'd like higher resolution, please contact us at [email protected].
4.2. Video Podcasting may also be subject to additional technical specifications, restrictions and operational requirements notified by us from time to time.
4.3. We may change, suspend, restrict or withdraw Video Podcasting, or any part of it, where reasonably necessary to:
4.3.1. comply with the third-party platform's requirements or changes to them;
4.3.2. maintain platform stability, security or performance;
4.3.3. manage unusual, excessive or unexpected usage;
4.3.4. address legal, regulatory or rights-related concerns; or
4.3.5. protect us, our suppliers or other customers from fraud, abuse or disproportionate cost exposure.
5. Third-party platform dependency
5.1. Video Podcasting depends on third-parties such as Apple Podcasts and related third-party services, systems and specifications. We do not control those third-party services.
5.2. We do not guarantee that any video podcast will be accepted, ingested, made available, distributed, ranked, displayed, measured or continued on third-party platforms such as Apple Podcasts.
5.3. You acknowledge that the third-party platform may reject, remove, suspend, restrict or change the treatment of your video podcast or any related content at any time, and Captivate is not responsible for such decisions or their consequences.
Section C Monetisation Services (Tipping Functionality and Membership Functionality)
1. Definitions (Monetisation)
“Tips” means voluntary one-off payments made by listeners/supporters.
“Tippers” means listeners/supporters who make Tips.
“Membership Functionality” means the feature that enables you to offer recurring paid memberships/subscriptions to supporters.
“Members” means supporters who purchase a membership from you via Membership Functionality.
“Membership Payments” means recurring payments made by Members.
“Membership Tier” means a tier/level of membership you create, including price, billing frequency and Benefits.
“Benefits” means any perks, access, content, services or other items you promise to provide to Members.
2. Availability and eligibility
2.1. Monetisation Functionality may not be available on all plans, during a free trial, or in all jurisdictions. Availability may change from time to time.
2.2. Monetisation Functionality requires you to create/connect an account with our payment provider (currently Stripe) which will be subject to Stripe’s Connected Account Agreement and Stripe’s Privacy Policy.
3. Relationship between you and your Tippers/Members (you are the seller)
3.1. You (not Captivate) are the seller/provider to Tippers and Members. Captivate is not a party to any agreement between you and a Tipper or Member.
3.2. You are solely responsible for:
3.2.1. communicating the terms of your Tips and memberships (including any Benefits);
3.2.2. providing the Benefits;
3.2.3. handling refunds, cancellations, disputes and chargebacks;
3.2.4. providing receipts/invoices where required;
3.2.5. compliance with tax obligations (including any VAT/sales taxes) and any Gift Aid obligations (if applicable); and
3.2.6. complying with all applicable consumer, advertising/marketing and other laws.
4. Your set-up responsibilities and disclosures
4.1. You must ensure that information you present to Tippers and Members (including tier pricing, billing frequency, cancellation method and Benefits) is accurate, complete and not misleading.
5. Recurring billing disclosure (Memberships)
5.1. You must clearly disclose to Members that Membership Payments are recurring and explain how Members can cancel.
6. Member access on cancellation
6.1. When a Member cancels, access to Benefits will end:
6.1.1. at the end of the Member’s current paid billing period; or
6.1.2. immediately, as determined by your membership settings and/or the member-facing terms you present (and as permitted by law).
6.2. You are responsible for ensuring this is clearly communicated to Members before purchase.
7. Fees, payouts and thresholds
7.1. Transaction fees, payout fees and any Captivate revenue share/fees will be shown in your dashboard and/or published fee documentation. We may change fees from time to time and will provide notice where required.
8. Payout threshold
8.1. You may request a payout once your balance reaches at least: £20 (or any other threshold shown in your dashboard).
8.2. You are responsible for all actions taken on your Stripe dashboard, including the initiation of refunds or ensuring your banking information is accurate and up to date.
8.3. We may deduct from amounts otherwise payable to you any amounts you owe us or the payment provider in connection with your use of Monetisation Functionality, including chargebacks, reversals, refunds, fees, penalties or losses.
9. Prohibited use; restricted activities
9.1. You must not use Monetisation Functionality in a way that is fraudulent, unlawful, deceptive or abusive.
9.2. You must not use Monetisation Functionality for activities prohibited at Stripe’s Restricted Businesses List (“Restricted Activities”). Captivate may terminate or suspend your account or the Monetisation Functionality if we suspect that you are carrying out Restricted Activities or are otherwise in breach of these Terms or your agreement with Stripe.
9.3. We may suspend or terminate your access to Monetisation Functionality if we reasonably suspect breach of these Terms, the payment provider’s rules, or unlawful activity.
10. Disclaimers and limitation (Monetisation)
10.1. Captivate provides Monetisation Functionality on an “as is” and “as available” basis and does not guarantee you will receive any Tips, Members or revenue.
10.2. Captivate is not responsible for acts or omissions of the payment provider, including processing failures, payout delays, account restrictions or compliance actions taken by the provider.
11. Your liability
11.1. You agree to reimburse Captivate for any losses we incur based on:
11.1.1. your failure to comply with your legal or contractual obligations to us, your Tippers, Members or to Stripe;
11.1.2. any disputes between your Tippers, your Members or Stripe;
11.1.3. your use of the Monetisation Functionality in a manner which is illegal; or
11.1.4. any inaccurate or incomplete information that is provided to us or Stripe.
11.2. Where either Captivate or Stripe incurs any losses based on unauthorised access or activity on the Stripe dashboard initiated by you, your employees, your agents, or anyone you have granted access to it, you will be financially liable for such losses. Captivate or Stripe may deduct such losses from your account, or require you to immediately pay such losses to Captivate or Stripe.
11.3. You are always financially liable to Captivate for disputes (including chargebacks), refunds, and any fines that arise from your use of the Monetisation Functionality, for example which is levied on Captivate or Stripe by a bank or credit or debit card provider.
Section D. Captivate Assistant
Captivate may provide AI-enabled features (“Captivate Assistant”) to help you create or improve podcast-related materials (for example suggested titles, summaries, show notes, transcripts and other written assets) and/or to analyse episode audio and recommend mid-roll ad placement points (including where you use AMIE).
1. Suggestions only
Captivate Assistant outputs and recommendations are suggestions only. You are responsible for reviewing, editing and approving anything you publish or implement (including ad placement decisions).
2. No guarantees
We do not guarantee that Captivate Assistant will be accurate, complete, error-free, uninterrupted, or that it will increase downloads, revenue or audience growth.
3. Your compliance responsibilities
You must ensure that any content you create, publish or use (whether generated with Captivate Assistant or otherwise) complies with applicable laws and does not infringe third-party rights (including copyright, trade marks, privacy and defamation laws).
4. Acceptable use
You must not use Captivate Assistant to generate, publish or distribute unlawful, harmful, infringing, deceptive, discriminatory, hateful or abusive content.
5. Inputs and confidentiality
You should not submit confidential information or sensitive personal data to Captivate Assistant unless you have the rights and lawful basis to do so and it is necessary for your intended use. We will process data used in connection with Captivate Assistant in accordance with our Privacy Policy/Policies.
6. Suspension
We may suspend, restrict or terminate your access to Captivate Assistant where we reasonably suspect misuse, breach of these Terms, or unlawful activity.