ZipCast Terms of Service
Effective Date: May 20, 2025
Updated: July 17, 2025
Welcome to ZipCast!
These Terms of Service ("Terms") govern your access to and use of the ZipCast software platform and related services (collectively, the "Service"), provided by ZipCast, Inc., a Delaware corporation with offices at 372 S Eagle Rd, Suite #1009, Eagle, Idaho 83616 ("we," "us," or "our"). The Service is a software-as-a-service platform that enables organizations to create and distribute short-form, branded audio content ("ZipCasts") to their audiences. Organizations include, but are not limited to, schools, businesses, non-profits, and community groups. By accessing or using the Service, you agree to be bound by these Terms. If you do not agree, please do not use the Service.
1. Acceptance of Terms
By accessing or using the Service, you confirm that you have read, understood, and agree to these Terms. If you are entering these Terms on behalf of an organization ("Customer"), such as a school, business, non-profit, or other entity, you represent that you have the authority to bind such entity. If you are an End User (as defined in Section 4), your use of the Service is subject to these Terms as applicable. These Terms, together with any subscription agreement or order form ("Order Form"), constitute the entire agreement between you and ZipCast, Inc. regarding the Service.
2. Description of Service
The Service is a cloud-based software platform that allows organizations to create and distribute ZipCasts for communication and engagement with their audiences, such as members, employees, or stakeholders ("End Users"). Features include tools for submitting announcements, accessing curated expert content, and managing audio distribution. The Service is provided on a subscription basis, as detailed in the applicable Order Form.
3. Subscriptions and Access
3.1 Subscription
Access to the Service is provided through a subscription plan, as specified in the Order Form. Subscriptions may be monthly, annual, or multi-year, with fees based on the selected plan. You agree to pay all applicable fees as outlined in Section 8.
3.2 License
Subject to these Terms and payment of fees, ZipCast, Inc. grants you a non-exclusive, non-transferable, non-sublicensable, limited license to access and use the Service solely for your internal business or organizational purposes. You may not modify, reverse-engineer, or distribute the Service.
3.3 User Accounts
To use the Service, Customers must create an account. You are responsible for maintaining the confidentiality of your account credentials and for all activities under your account. You agree to notify us immediately at hello@zipcast.media of any unauthorized use. We may suspend or terminate accounts for misuse or violation of these Terms.
4. End Users
4.1 Definition
End Users are individuals who receive or access ZipCasts through an organization’s use of the Service, such as members, employees, parents, or other stakeholders. End Users may access ZipCasts via links, embeds, or other distribution methods provided by the Customer.
4.2 End User Permissions
End Users are granted a limited, non-exclusive, non-transferable right to access and listen to ZipCasts for personal, non-commercial use, solely as intended by the Customer. End Users may not copy, modify, redistribute, or create derivative works from ZipCasts without prior written consent from ZipCast, Inc. or the Customer.
4.3 End User Responsibilities
End Users agree to:
Use the Service and ZipCasts in compliance with these Terms and applicable laws.
Not share access credentials (if any) or attempt to bypass access restrictions.
Report any issues or unauthorized use to the Customer or ZipCast, Inc. at hello@zipcast.media.
4.4 Customer Responsibility for End Users
Customers are responsible for ensuring that their End Users comply with these Terms. Customers must inform End Users of applicable rules and obtain any necessary consents for data processing, as required by law.
4.5 SMS Notifications for End Users
Opt-In & Consent
Consent Statement: “By providing my mobile phone number and opting in, I agree to receive recurring SMS notifications from ZipCast on behalf of my organization. Msg&Data rates may apply; frequency varies. Reply STOP to cancel. Consent is not required to purchase any goods or services.”
Recording: We log each opt-in with timestamp, IP address, and the exact disclosure language shown.
Message Content & Frequency
Content: SMS messages will contain informational alerts about new audio episodes, including a client reference and a secure link to stream in the ZipCast app.
Frequency: Varies by client; typically no more than 4–6 messages per month, unless a client-specific event dictates otherwise.
Help & Opt-Out
Help: Reply HELP for assistance or email support at hello@zipcast.media.
Stop: Reply STOP, STOPALL, UNSUBSCRIBE, CANCEL, END, or REVOKE to opt out. You will receive one final confirmation: “You have successfully been unsubscribed. You will not receive any more messages from this number. Reply START to resubscribe.”
Data Rates & Carrier Disclaimers
“Message and data rates may apply. Check with your mobile carrier for details. Carriers are not liable for delayed or undelivered messages.”
Privacy & Terms Links
“See our Privacy Policy [https://www.zipcast.media/privacy-policy] for details on how we use your data.”
5. Customer Obligations
You (as a Customer) agree to:
Provide accurate, complete, and timely content (e.g., announcements, text, or images) for inclusion in ZipCasts.
Ensure your use of the Service, including by your End Users, complies with all applicable laws, including data protection regulations (e.g., GDPR, CCPA, or other relevant laws based on your jurisdiction).
Review and approve ZipCast previews by deadlines specified in the Order Form or platform notifications.
Maintain appropriate hardware, software, and internet connectivity to access the Service.
6. User Content
By submitting content (e.g., announcements, text, or images) to the Service, you grant ZipCast, Inc. a non-exclusive, royalty-free, worldwide license to use, reproduce, modify, distribute, and display such content solely to provide and improve the Service. You represent and warrant that you have all necessary rights to submit such content and that it does not infringe any third-party rights.
7. Intellectual Property
The Service, including its software, audio content, designs, and trademarks, is owned by ZipCast, Inc. or its licensors and protected by U.S. and international copyright, trademark, and other intellectual property laws. Except as expressly granted in these Terms, neither Customers nor End Users have rights to the Service or its content. You may not copy, modify, distribute, or create derivative works from any part of the Service without prior written consent.
8. Fees and Payment
8.1 Subscription Fees
You agree to pay the subscription fees specified in the Order Form. Fees are non-refundable except as provided in Section 11.2. All fees are exclusive of taxes, which you are responsible for paying.
8.2 Invoicing and Payment
Fees are invoiced in advance, either monthly or annually, as specified in the Order Form. Payment is due within 30 days of the invoice date. Late payments accrue interest at 1.5% per month or the maximum rate permitted by law, whichever is lower. You are responsible for reasonable collection costs for overdue payments.
8.3 Subscription Changes
You may upgrade or downgrade your subscription plan by contacting us at hello@zipcast.media. Changes take effect at the start of the next billing cycle, with fees adjusted accordingly.
9. Data Privacy and Security
9.1 Privacy Policy
Our Privacy Policy governs how we collect, use, and disclose personal information, including End User data provided by Customers. You agree to comply with applicable data protection laws when using the Service.
9.2 End User Data
Customers may provide End User data (e.g., names, email addresses) for ZipCast distribution. You represent and warrant that you have obtained all necessary consents for such data processing, in compliance with applicable laws. We process End User data solely to provide the Service, as described in our Privacy Policy.
9.3 Data Security
We implement reasonable technical and organizational measures to protect Customer and End User data. However, you acknowledge that no system is completely secure, and you are responsible for securing your account credentials and data inputs.
9.4 Regulatory Compliance
You are responsible for ensuring that your use of the Service, including by your End Users, complies with applicable data protection and industry-specific regulations (e.g., GDPR for European users, CCPA for California residents, or other relevant laws). We will cooperate with you to facilitate compliance, as outlined in the Order Form.
10. Service Levels
10.1 Availability
We aim to maintain the Service’s availability at 99.9% uptime, excluding scheduled maintenance. Maintenance will be communicated in advance via email or platform notifications to Customers.
10.2 Support
Support is available during business hours (9 AM–5 PM MST, Monday–Friday) via hello@zipcast.media. We aim to respond to inquiries within 24 hours.
11. Term and Termination
11.1 Term
These Terms begin on the date you first access the Service and continue until your subscription is terminated as provided herein.
11.2 Termination
By You: You may terminate your subscription by providing 30 days’ written notice to hello@zipcast.media. No refunds are provided for early termination, except in cases of our material breach.
By Us: We may suspend or terminate your access for non-payment, violation of these Terms (including by your End Users), or if we discontinue the Service, with written notice.
Effect of Termination: Upon termination, your and your End Users’ access to the Service ceases, and you must pay any outstanding fees. Sections 4.2, 4.4, 6, 7, 9, 12, 13, 14, 15, 16, and 17 survive termination.
12. Confidentiality
Each party agrees to maintain the confidentiality of the other’s non-public information disclosed through the Service, including End User data, and not to disclose it to third parties, except as required by law or to provide the Service. This obligation survives termination for three years.
13. Limitation of Liability
To the maximum extent permitted by law, ZipCast, Inc.’s aggregate liability for any claims arising from these Terms or the Service, including claims related to End Users, shall not exceed the fees paid by you in the 12 months preceding the claim. In no event shall ZipCast, Inc. be liable for indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or goodwill, whether based on contract, tort, or other legal theory.
14. Disclaimer
The Service is provided “AS IS” and “AS AVAILABLE,” without warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not warrant that the Service will be uninterrupted, error-free, or secure for Customers or End Users.
15. Indemnification
You agree to indemnify and hold harmless ZipCast, Inc., its affiliates, and their respective officers, directors, and employees from any claims, damages, or expenses (including reasonable attorneys’ fees) arising from your use of the Service, your content, your End Users’ actions, or your violation of these Terms or applicable law.
16. Governing Law and Dispute Resolution
These Terms are governed by the laws of the State of Idaho, without regard to its conflict of law principles. Any disputes arising from these Terms or the Service, including those involving End Users, shall be resolved through binding arbitration in Ada County, Idaho, under the rules of the American Arbitration Association. Each party shall bear its own costs, except as otherwise determined by the arbitrator.
17. Force Majeure
Neither party shall be liable for delays or failure to perform due to causes beyond their reasonable control, including acts of God, natural disasters, or governmental actions, provided they promptly notify the other party and resume performance as soon as practicable.
18. Miscellaneous
18.1 Entire Agreement
These Terms, together with the Order Form and Privacy Policy, constitute the entire agreement between you and ZipCast, Inc., superseding all prior agreements.
18.2 Severability
If any provision of these Terms is found invalid or unenforceable, the remaining provisions remain in effect.
18.3 Waiver
No waiver of any provision is effective unless in writing and signed by both parties.
18.4 Assignment
You may not assign these Terms without our prior written consent. We may assign these Terms to an affiliate or in connection with a merger or sale.
18.5 Notices
Notices must be in writing and sent to ZipCast, Inc. at 372 S Eagle Rd, Suite #1009, Eagle, Idaho 83616, or hello@zipcast.media, and to you at the address or email provided in your account.
18.6 Changes to Terms
We may modify these Terms at our discretion, with 30 days’ notice for material changes, communicated via email or platform notifications to Customers. Continued use of the Service by Customers or End Users after changes constitutes acceptance.
19. Contact Information
For questions about these Terms, contact us at:
Email: hello@zipcast.media
Address: ZipCast, Inc., 372 S Eagle Rd, Suite #1009, Eagle, Idaho 83616
Last Updated: July 22, 2025