Terms of Service

These Terms of Service (the “Terms”) form a binding agreement between TODO_LEGAL: registered company name (e.g. "RadioHeart Ltd"), a company registered under number TODO_LEGAL: company registration number with its registered office at TODO_LEGAL: registered office street address, TODO_LEGAL: city, postal code, TODO_LEGAL: country of incorporation (“RadioHeart”, “we”, “us”), and the person or organisation that creates an account or uses the Service (“you”, “Customer”).

By creating an account, starting a trial, or using any part of the Service, you accept these Terms. If you do not accept them, do not use the Service.

You must be at least 18 years old, or the age of majority where you live, and legally able to enter into a contract. If you accept these Terms on behalf of a company, school, church, club, or other organisation, you warrant that you are authorised to bind it, and “you” means that organisation.

The Service is offered for business, professional, and organisational use. Nothing in these Terms removes any right you have that cannot lawfully be excluded or restricted, including rights you may hold as a consumer under mandatory law.

Service

The RadioHeart hosted platform — the browser broadcast studio, AutoDJ and scheduling, media storage and transcoding, stream delivery, public station pages, analytics, mobile applications, and APIs — together with any related documentation and support.

Customer Content

Everything you or your users upload, ingest, schedule, speak, stream, or otherwise transmit through the Service: audio recordings, live microphone input, jingles and imaging, station branding, artwork, metadata, chat messages, and any other material.

Station

A broadcast channel you configure and operate through the Service. One plan powers exactly one Station unless your plan expressly says otherwise.

Listener

An end user who receives a stream from your Station through a player, application, aggregator, smart speaker, or device.

AUP

The Acceptable Use Policy, which forms part of these Terms.

Order

Your selection of a plan and billing period through the Service or a signed order form.

RadioHeart supplies broadcasting infrastructure. We provide the tools, storage, encoding, and delivery capacity that carry a signal you create to listeners you reach. What that signal contains is entirely your decision.

Transmission through the Service is automatic and initiated by you. Storage, transcoding, caching, and delivery are technical processes carried out at your direction for the sole purpose of operating your Station.

The absence of monitoring is a description of how the Service works, not a promise never to act. We may, but are not obliged to, review material and take the steps described in the section on suspension, removal, and termination — including when we receive a complaint, a takedown notice, or a legal order, or where we reasonably believe the AUP has been breached.

You are responsible for the accuracy of the information in your account, for keeping your credentials confidential, and for every action taken through your account — including by co-hosts, volunteers, contractors, staff, students, and anyone else you give access to.

• Do not share a single set of credentials among people who should each have their own access.
• Remove access promptly when someone leaves your team.
• Tell us without undue delay at support@radioheart.io if you learn of unauthorised access to your account.

You are responsible for the conduct of everyone you authorise. Their acts and omissions in the Service are treated as yours for the purposes of these Terms.

Plan features, listener and storage limits, bitrates, and prices are those shown on the pricing page or in your Order at the time you subscribe. Limits are technical characteristics of the plan, not guarantees of audience or availability.

1. Trial. Where a free trial is offered, a valid payment method may be required at sign-up. You are charged only when the trial ends, unless you cancel before then.
2. Fees and renewal. Subscriptions renew automatically for successive billing periods at the then-current price until cancelled. Cancellation takes effect at the end of the current billing period.
3. Payment. Fees are payable in advance in the currency shown at checkout. You authorise us and our payment processors to charge your payment method for all amounts due.
4. Taxes. Fees are exclusive of VAT, sales, use, and similar taxes, which you are responsible for unless you supply a valid exemption or reverse-charge registration.
5. Non-payment. If a payment fails or is overdue, we may suspend the Service after reasonable notice until the balance is settled.
6. Price changes. We may change prices for future billing periods with at least 30 days’ notice. Continuing to use the Service after the change takes effect constitutes acceptance of the new price.
7. Refunds. Except where mandatory law requires otherwise, fees already paid are non-refundable, and cancelling part-way through a billing period does not create a pro-rata refund.

You may cancel at any time from your account settings. Downgrading a plan may reduce limits and remove features immediately, including access to storage above the lower plan’s allowance.

As between you and us, you retain all ownership and all intellectual property rights in Customer Content. We claim no ownership of it.

To operate the Service you grant us a worldwide, non-exclusive, royalty-free, revocable licence to host, store, back up, reproduce, transcode, re-encode, cache, transmit, and publicly deliver Customer Content, and to display associated metadata and artwork on your Station’s pages and players — in each case solely to the extent technically necessary to provide the Service to you and to your Listeners.

You are responsible for keeping your own copies of anything you upload. The Service is not a backup or archival service, and we do not warrant that deleted material can be recovered.

Depending on your territory, your repertoire, and how you broadcast, the rights you need may include:

• Master (sound recording) rights from the rightsholder or their representative.
• Publishing and mechanical rights covering reproduction of the underlying composition.
• Public performance and communication-to-the-public rights, typically from a collecting society — for example PRS for Music and PPL in the United Kingdom, ASCAP, BMI, SESAC and SoundExchange in the United States, GEMA in Germany, SOCAN in Canada, or the equivalent body where you or your listeners are located.
• Rights in any speech, interview, reading, podcast, sports commentary, sermon, dramatic work, or third-party audio you transmit.
• Any consents needed from people whose voice, name, image, or personal information features in your broadcast.

You warrant that, for the whole time material is available through the Service, you hold every right, licence, consent, and permission needed to store it on the Service and to transmit it to your Listeners in every territory the Station reaches, and that you will pay all royalties and reporting obligations arising from your broadcast.

Any reporting features, play logs, or export tools we provide are conveniences to help you meet your own obligations. They do not constitute a licence, do not discharge any obligation you owe to a rightsholder or collecting society, and are not advice about what you need.

In particular, you are responsible for:

• Ensuring your broadcast does not infringe anyone’s intellectual property, privacy, publicity, reputation, or other rights.
• Complying with advertising, sponsorship, gambling, alcohol, financial-promotion, political-communication, and children’s-content rules that apply to your programming.
• Any personal data you collect from Listeners, and the notices, legal bases, and consents that collection requires — see the Privacy Policy and the Data Processing Addendum.
• Meeting any obligation you have to make your broadcast accessible to your audience.
• Any statement, claim, or omission made on air, including anything said by a guest or caller.

We have no obligation to monitor Customer Content, and we do not verify that you hold the rights you warrant you hold. Any decision we do take about content is taken to protect the Service, our other customers, or our own legal position — not as an assumption of editorial responsibility for your Station.

Your use of the Service is subject to the Acceptable Use Policy, which forms part of these Terms and is incorporated by reference. Breaching the AUP is a breach of these Terms.

You must not use the Service to store, transmit, or facilitate material that is unlicensed, infringing, or otherwise unlawful, nor to interfere with the Service, its infrastructure, or other customers. The AUP sets out the prohibitions and the enforcement ladder in full.

The Service can connect to third-party platforms and directories — streaming and social platforms, podcast hosts, radio aggregators, smart-speaker ecosystems, payment providers, and analytics tools. Those services are operated by others under their own terms and privacy policies.

We do not control third-party services and are not responsible for their availability, content, security, pricing, or acts and omissions. A third party may change, restrict, or withdraw an integration at any time; where that happens, the affected feature may stop working through no fault of ours, and that does not entitle you to a refund.

We may remove or disable access to Customer Content, suspend a Station, or suspend or terminate an account, in whole or in part, where we reasonably believe that:

• these Terms or the AUP have been breached;
• the content or conduct is unlawful, infringing, or exposes us or others to legal risk or liability;
• we have received a valid takedown notice, complaint, court order, or request from a competent authority;
• the account is being used in a way that threatens the security, integrity, or availability of the Service; or
• fees are overdue after reasonable notice.

Where circumstances allow, we will give notice and, for a curable breach, a reasonable opportunity to fix it. Where the risk is serious — infringement, illegality, security, or a legal order — we may act immediately and notify you afterwards.

Either party may terminate for material breach that remains uncured 30 days after written notice. You may terminate at any time by cancelling your subscription. On termination, your right to use the Service ends; we may delete Customer Content after a reasonable period, so export anything you need before your account closes. Sections that by their nature should survive termination — including licensing responsibility, disclaimers, limitation of liability, indemnification, and governing law — survive it.

We do not warrant that transmission will be uninterrupted, timely, secure, or error-free; that any particular bitrate, latency, listener capacity, or audio quality will be achieved on any given connection; that the Service will be compatible with any third-party platform, directory, device, or player; that data will never be lost or corrupted; or that defects will be corrected.

We make no warranty whatsoever about Customer Content, and we do not warrant that anything transmitted through the Service is lawful, licensed, accurate, or suitable for broadcast in any territory. Assessing that is your responsibility.

No advice or information, whether oral or written, obtained from us or through the Service creates any warranty not expressly stated in these Terms. Where applicable law does not allow the exclusion of certain warranties, those warranties are limited to the minimum period and extent permitted.

To the maximum extent permitted by applicable law, neither party is liable for indirect, incidental, consequential, special, exemplary, or punitive damages, or for loss of profits, revenue, business, anticipated savings, goodwill, audience, advertising or sponsorship income, or for loss or corruption of data, in each case however caused and whether or not the possibility of such loss was known.

To the maximum extent permitted by applicable law, our total aggregate liability arising out of or in connection with these Terms and the Service, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, is limited to the total fees you actually paid to RadioHeart for the Service in the twelve (12) months immediately preceding the event giving rise to the claim.

Each party must take reasonable steps to mitigate its losses. The allocation of risk in this section is a fundamental basis of the bargain between us and is reflected in the fees charged.

We will notify you of any claim covered by this section without undue delay, allow you to control the defence and settlement with counsel of your choice, and provide reasonable cooperation at your expense. You may not settle a claim in a way that imposes any obligation, admission, or liability on us without our prior written consent. We may participate in the defence at our own cost.

Neither party is liable for any delay or failure to perform caused by events beyond its reasonable control, including natural disasters, fire, flood, epidemic, war, terrorism, civil unrest, industrial action, government action or legal orders, failures of power, transit or telecommunications networks, internet or upstream provider outages, denial-of-service and other attacks, and failures of third-party platforms or infrastructure providers. Payment obligations already accrued are not suspended by this section.

We develop the Service continuously and may add, change, or remove features. Where we discontinue a material feature you rely on, we will give reasonable notice.

We may update these Terms — for example to reflect changes in the Service, in our business, or in the law. Where a change materially reduces your rights or increases your obligations, we will give at least 30 days’ notice by email or in the Service before it takes effect. Continuing to use the Service after the effective date means you accept the updated Terms; if you do not, you may cancel before that date. The version in force is the one published on this page, with the effective date shown at the top.

These Terms and any dispute arising out of or in connection with them or the Service, including non-contractual disputes, are governed by TODO_LEGAL: chosen governing law (e.g. "the laws of England and Wales"), without regard to conflict-of-law rules. The parties submit to the exclusive jurisdiction of TODO_LEGAL: chosen exclusive venue (e.g. "the courts of England and Wales").

Before starting proceedings, each party agrees to raise the dispute in writing to support@radioheart.io and to attempt in good faith to resolve it within 30 days. This does not prevent either party from seeking urgent injunctive or equitable relief.

If you are a consumer, this section does not deprive you of the protection of the mandatory law of the country where you live, or of the right to bring proceedings in the courts of that country where that right is available to you.

You may not assign or transfer these Terms, or any rights under them, without our prior written consent. We may assign them to an affiliate or in connection with a merger, acquisition, reorganisation, or sale of assets, and may use subcontractors and sub-processors to provide the Service while remaining responsible for their performance under these Terms.

1. Severability. If any provision is held invalid or unenforceable, it is modified to the minimum extent needed to make it enforceable, or severed if it cannot be; the rest of the Terms remain in full force.
2. Waiver. A failure or delay in enforcing a right is not a waiver of it, and no waiver is effective unless in writing.
3. Notices. We may give notice by email to the address on your account or through the Service. You give notice to us at support@radioheart.io.
4. No third-party rights. Except as stated in the indemnification section, no one other than the parties has any right to enforce these Terms.
5. Independent parties. Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship.
6. Entire agreement. These Terms, the AUP, the Privacy Policy, the Cookie Policy, the Copyright & Takedown Policy, the Data Processing Addendum where it applies, and your Order form the entire agreement between us about the Service, and supersede all prior discussions and representations, except for any fraudulent misrepresentation.
7. Order of precedence. If there is a conflict, a signed order form prevails over these Terms, and these Terms prevail over the other policies, except that the Data Processing Addendum prevails on matters of personal-data processing.