Terms of Service

1. Agreement to Terms

By accessing or using the daypod website (daypod.io) and joining our waitlist, you agree to be bound by these Terms of Service ("Terms") and our Privacy Policy. If you do not agree to these Terms, please do not use our service.

These Terms constitute a legally binding agreement between you and FLB Ventures UG (haftungsbeschränkt) ("Company," "we," "us," or "our").

2. Service Description

Current Phase: Waitlist

Currently, we operate a waitlist for our upcoming AI-powered personalized podcast service. By joining the waitlist, you express interest in receiving early access to our service when it becomes available.

Future Service: daypod

When launched, daypod will provide personalized AI-generated podcast content featuring two AI co-hosts who create daily audio briefings tailored to your interests and preferences. The service will include:

• Daily morning briefings (approximately 10 minutes)
• Evening deep-dive episodes (approximately 15 minutes)
• Interactive features allowing real-time queries and topic exploration
• Personalized content based on your interests and feedback
• Weekly summary episodes

3. Eligibility

You must be at least 16 years old to use our service. By using our service, you represent and warrant that:

• You are at least 16 years of age
• You have the legal capacity to enter into these Terms
• Your use of the service does not violate any applicable law or regulation

4. Waitlist Terms

Waitlist Registration

• Joining our waitlist is free and does not guarantee access to the service
• We may limit the number of users who receive early access
• Waitlist position does not guarantee priority access
• We reserve the right to invite users based on various criteria

Communications

• By joining the waitlist, you consent to receive email communications about our service
• You may unsubscribe from communications at any time
• We will notify waitlist members when the service becomes available

5. User Accounts and Registration

When our service launches, you may need to create an account. You agree to:

• Provide accurate, current, and complete information
• Maintain and update your account information
• Keep your account credentials secure and confidential
• Accept responsibility for all activities under your account
• Notify us immediately of any unauthorized access

6. Acceptable Use Policy

You agree not to use our service to:

• Violate any applicable laws or regulations
• Infringe on intellectual property rights
• Transmit harmful, threatening, or defamatory content
• Attempt to gain unauthorized access to our systems
• Use automated systems to access our service without permission
• Interfere with or disrupt our service or servers
• Collect personal information about other users
• Use our service for commercial purposes without authorization

7. Intellectual Property Rights

Our Content

All content, features, and functionality of our service, including but not limited to text, graphics, logos, audio content, and software, are owned by us or our licensors and are protected by copyright, trademark, and other intellectual property laws.

AI-Generated Content

Podcast episodes and other content generated by our AI system are owned by us. You receive a limited, non-exclusive license to access and use this content for personal, non-commercial purposes only.

User Content

By providing feedback, preferences, or other content to our service, you grant us a royalty-free, worldwide license to use such content to improve and operate our service.

8. Payment Terms

When our service launches with paid features:

• Subscription fees will be charged in advance
• All fees are in EUR unless otherwise specified
• Refunds may be available according to our refund policy
• We reserve the right to change pricing with advance notice
• Failure to pay may result in service suspension

9. Service Availability

We strive to provide reliable service but cannot guarantee:

• Continuous, uninterrupted access to our service
• Error-free operation
• Compatibility with all devices or software
• Availability in all geographic locations

We reserve the right to modify, suspend, or discontinue our service at any time with reasonable notice.

10. Privacy and Data Protection

Your privacy is important to us. Our collection and use of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.

11. Disclaimers

To the fullest extent permitted by law, we disclaim all warranties, express or implied, including:

• Warranties of merchantability and fitness for a particular purpose
• Warranties regarding the accuracy or completeness of content
• Warranties of non-infringement
• Warranties arising from course of dealing or usage of trade

AI-Generated Content Disclaimer

Our AI-generated content is for informational purposes only and should not be considered as professional advice. We do not guarantee the accuracy, completeness, or reliability of AI-generated content.

12. Limitation of Liability

To the fullest extent permitted by law, FLB Ventures UG and its affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to:

• Loss of profits, data, or use
• Business interruption
• Personal injury or property damage
• Loss of privacy

Our total liability to you for all claims arising from or relating to our service shall not exceed the amount you paid us in the 12 months preceding the claim, or €100, whichever is greater.

13. Indemnification

You agree to indemnify and hold harmless FLB Ventures UG and its affiliates from any claims, losses, damages, or expenses (including legal fees) arising from:

• Your use of our service
• Your violation of these Terms
• Your violation of any third party rights
• Any content you submit or share through our service

14. Termination

Termination by You

You may terminate your account at any time by contacting us or using account deletion features when available.

Termination by Us

We may terminate or suspend your access to our service:

• For violation of these Terms
• For illegal or harmful activity
• If required by law
• At our discretion with reasonable notice

Effect of Termination

Upon termination, your right to use our service ceases immediately. Provisions regarding intellectual property, disclaimers, and limitations of liability shall survive termination.

15. Governing Law and Dispute Resolution

Governing Law

These Terms are governed by the laws of Germany, without regard to conflict of law principles.

Jurisdiction

Any disputes arising from these Terms or our service shall be subject to the exclusive jurisdiction of the courts in Berlin, Germany.

EU Online Dispute Resolution

EU residents may access the European Commission's online dispute resolution platform at: https://ec.europa.eu/consumers/odr/

16. Changes to Terms

We may modify these Terms from time to time. When we make significant changes, we will notify you by:

• Posting the updated Terms on our website
• Sending email notification to registered users
• Providing at least 30 days notice for material changes

Your continued use of our service after the effective date of changes constitutes acceptance of the new Terms.

17. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect.

18. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and FLB Ventures UG regarding our service and supersede all prior or contemporaneous communications and proposals.

19. Contact Information

If you have questions about these Terms, please contact us: