Terms of Service

1. About these terms

LISTND is a social podcast app operated by Sonya William ("LISTND", "we", "us"). These Terms of Service (the "Terms") are a binding agreement between you and us, and they govern your use of the LISTND app, our website at https://listnd.app and any related services (together, the "Service").

By creating an account or using the Service you agree to these Terms. If you do not agree, do not use the Service.

Our Privacy Policy explains what personal information we collect and how we handle it. It forms part of these Terms.

2. Who may use LISTND

You must be at least 13 years old to use the Service, or older if the law where you live sets a higher minimum age for using a service like this one.

If you are under 18 you are still a minor where we are, and you may use the Service only with the involvement of a parent or guardian who agrees to these Terms on your behalf.

We may suspend or close an account we reasonably believe belongs to someone below the minimum age that applies to them.

You may not use the Service if we have previously terminated your account, or if doing so would be unlawful where you are.

3. Your account

You need an account to use most of the Service. You agree to give accurate information when you sign up and to keep it current. You are responsible for activity that happens through your account, so keep your sign-in method secure and tell us promptly at support@listnd.app if you think someone else has access to it.

Some of what you do on LISTND is visible to other people using it. That includes your profile and display name, the lists you choose to make public, the shows and episodes you like, who you follow, and your activity where the app surfaces it. Lists you keep unlisted are not shown to other people through those surfaces. The app indicates which is which and you can change it.

Some public content also has a page on our website that can be opened by anyone with the link, so a profile or a list can be seen by someone who does not have the app. Treat anything you make public as capable of reaching anyone.

The text you write yourself, such as a list title or description, your display name or a note you attach to a share, is visible to whoever can see the thing it is attached to. Write it accordingly.

You can delete your account at any time from within the app. Deletion is described in section 13.

4. Podcasts on LISTND belong to the people who make them

This is the most important thing to understand about the Service.

LISTND is a listening and cataloguing client. We do not create, own, host, edit or control podcast content. Shows and episodes reach the Service through publicly available RSS feeds and third-party podcast directories and databases. Audio files, artwork, show notes, transcripts and chapters are hosted by the publisher or by the publisher's hosting provider, and playing an episode in LISTND streams or downloads it from those third-party servers.

Consequences of that, all of which you accept:

• We are not responsible for podcast content. Views expressed in a podcast are the publisher's, not ours. Accuracy, legality and suitability are the publisher's responsibility. Listing a show on LISTND is not an endorsement of it.
• Advertising inside episodes is not ours. Some publishers and hosting providers insert advertising into episode audio dynamically at the moment of delivery. Those advertisements are selected and served by third parties, not by us, and the same episode can differ between plays as a result. We do not insert advertising into podcast audio, and we cannot remove what a publisher puts there.
• Metadata can be wrong, stale or missing. Episode durations, publish dates, artwork and descriptions come from feeds and directories and are only as accurate as their source.
• Availability can change without notice. A publisher can move, alter, paywall, unpublish or delete a feed or an episode at any time, and it will then change or disappear on LISTND too. Episodes you have downloaded may stop being playable.
• Downloads and cached audio are for your own personal listening only. You may not copy, redistribute, publicly perform, broadcast, resell or extract audio obtained through the Service, and you may not remove or interfere with advertising or any other part of an episode as delivered by its publisher. Files we store on your device are a convenience for offline listening, not a library you acquire rights in.

If you publish a podcast and you want your feed removed from LISTND, or corrected, write to support@listnd.app from an address associated with the show and we will action it. Section 9 covers this in more detail.

5. Your content

"Your Content" means anything you contribute to the Service: lists and their titles and descriptions, likes, your display name and any profile image the app lets you set, the shows and episodes you select in answer to a profile prompt, shares you send and any note you write in them, reports and feedback, and anything else you submit.

The prompts on your profile are written by us. What you contribute is your answer, which is a show or an episode you choose.

You keep ownership of Your Content. You are responsible for it, and you confirm that you have the rights you need to post it and that posting it does not break the law or these Terms.

To let us run the Service, you grant us a worldwide, non-exclusive, royalty-free, sublicensable and transferable licence to host, store, reproduce, adapt for technical purposes such as formatting and resizing, publish, display and distribute Your Content, but only for the purpose of operating, improving, securing and promoting the Service. Where Your Content is set to be visible to other users, that licence extends to letting those users see it and interact with it through the features the app provides.

This licence lasts as long as Your Content is on the Service, and it ends when you delete Your Content or your account, subject to a reasonable period for removal from backups and to copies other users may already have saved outside the Service. Content you contributed to a shared or public surface may persist in another user's saved material or in cached copies we do not control.

We do not claim ownership of the podcast content your lists and likes refer to. A list is your selection and arrangement, and your rights in it are rights in that selection, not in the underlying shows.

We may, but are not obliged to, use Your Content to promote the Service, for example by featuring a list. Tell us at support@listnd.app if you would rather we did not.

Shares are a one-way send, not private messaging

The Service lets you send a show or an episode to another person on LISTND, together with a note if you choose to write one. That is a one-way send. There is no reply channel, no thread and no conversation, and the recipient cannot answer you through the Service. Please understand the following before you use it:

• A share is not end-to-end encrypted. It travels over an encrypted connection and it is stored on encrypted infrastructure, which is ordinary practice, but it is not end-to-end encrypted, and we are technically able to read it. We look at the contents of a share only where we need to, for example to investigate a report, to diagnose a defect or where the law requires it. LISTND is not a secure messaging tool. Do not put anything sensitive, confidential or private in the note you write with a share.
• The recipient keeps it. Once you send a share, the recipient has it. Removing it on your side does not remove their copy, and nothing prevents them from screenshotting it or passing it on outside the Service.
• The rules apply to the note you write. Everything in section 6 applies to a share and to any note you write in it, exactly as it applies to anything else you put into the Service. A share can be reported, and sending something that breaks the rules can get your account suspended or terminated.

6. Community rules

LISTND is a social space. These rules apply to everything you put into the Service, including your profile, your lists and their titles and descriptions, your display name, and any note you write in a share. You agree not to:

• post content that is unlawful, hateful, harassing, defamatory, obscene, sexually explicit, violent or that promotes self-harm or terrorism
• post content that sexualizes, endangers or exploits a minor, ever, in any form
• harass, threaten, stalk, impersonate or dox anyone, or encourage others to do so
• post content you do not have the rights to, including copyrighted material and other people's private information
• spam, post commercial or promotional material without our permission, manipulate rankings or engagement, or create accounts in bulk
• upload malware, probe or interfere with the Service's security, circumvent rate limits or access controls, or attempt to reach data that is not yours
• scrape, crawl or bulk-extract the Service or use automated means to access it, except for a public search engine indexing public pages
• reverse engineer, decompile or attempt to derive the source code of the app, except to the extent that restriction is unenforceable where you live
• use the Service to build a competing product or to train a machine learning model on its content
• use the Service in a way that breaks any law that applies to you, or that breaks a third party's terms, including the terms of a podcast publisher or hosting provider

Nothing in these Terms restricts your ability to express an opinion about a podcast, about the Service or about us, including a negative one, wherever you choose to express it.

7. Reporting, blocking and moderation

The Service includes tools to report a list, to report a user and to block another user. Please use them. You can also report anything to us at support@listnd.app, including a share you have received and the note written in it.

We review reports and act on them within a reasonable time. Where content or conduct breaks these Terms we may remove or restrict the content, limit a feature, suspend an account or terminate it, with or without notice depending on the severity. We may also filter or remove content proactively.

We are not obliged to monitor the Service, and we do not pre-screen content. We do not guarantee that we will catch everything or that any particular decision we reach is the one you would have reached. Where we can, and where it is appropriate, we will tell you what we did and why, and you can respond by writing to support@listnd.app.

8. Copyright and other intellectual property complaints

If you believe material on the Service infringes your copyright, send a notice to support@listnd.app including:

1. your name and contact details
2. identification of the work you say is infringed
3. identification of the material on the Service you say is infringing, precise enough for us to find it, including a link or a screenshot
4. a statement that you have a good faith belief the use is not authorized by the rights holder or by law
5. a statement that the information in your notice is accurate and that you are the rights holder or are authorized to act for them

We will respond to properly made notices, and we may remove material or disable access to it. If we remove Your Content on the basis of a notice we will tell you, and you may respond. We may terminate accounts that repeatedly infringe.

If your complaint is about the content of a podcast itself rather than about something a LISTND user posted, please also contact the publisher or the publisher's hosting provider, since they hold the material and we do not.

LISTND, our logo and the design, code and text of the Service are ours or our licensors'. These Terms do not give you any right to use them beyond using the Service as intended. Podcast names and artwork belong to their publishers.

9. Podcast publishers and creators

If you publish a podcast:

• Being listed on LISTND does not create any relationship, partnership or endorsement between us.
• We read your public feed and cache metadata and artwork so the app is fast and works offline. We do not modify your audio, insert advertising into it or strip advertising from it.
• Playback is served from your host, so your host's analytics see the request in the ordinary way.
• To have your show removed, corrected or updated, write to support@listnd.app from an address associated with the show. We will process removal requests within a reasonable time. Removal takes your show out of the Service going forward, and we may retain a record of the request.

10. Third-party services and data sources

The Service relies on third parties, including Apple, our hosting and database providers, podcast directories and index services, and the publishers and hosting providers of every show. Those parties have their own terms and privacy practices, and we are not responsible for them. Links out of the app are provided for convenience only.

11. Your licence to use the app, and the App Store terms

We grant you a personal, limited, non-exclusive, non-transferable, revocable licence to install and use the LISTND app on Apple-branded devices that you own or control, as permitted by the Usage Rules in Apple's App Store Terms of Service, and to use the Service for your own non-commercial use. The app is licensed, not sold, to you. All rights we do not expressly grant are reserved.

The following applies to the app as distributed through the Apple App Store, and Apple requires it:

• These Terms are between you and us only, not Apple. Apple is not a party to them and is not responsible for the app or its content.
• Scope. Your licence to use the app is limited to a non-transferable licence to use it on Apple-branded products that you own or control, subject to the Usage Rules in the App Store Terms of Service.
• Maintenance and support. We are solely responsible for support and maintenance of the app. Apple has no obligation to furnish any maintenance or support services.
• Warranty. We are solely responsible for any product warranties, whether express or implied by law, to the extent they are not effectively disclaimed. If the app fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price of the app to you, if any. To the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the app.
• Product claims. We, not Apple, are responsible for addressing any claims by you or a third party relating to the app or your possession or use of it, including product liability claims, any claim that the app fails to conform to a legal or regulatory requirement, and claims arising under consumer protection, privacy or similar legislation.
• Intellectual property claims. If a third party claims that the app or your possession and use of it infringes their intellectual property rights, we, not Apple, are solely responsible for the investigation, defence, settlement and discharge of that claim.
• Third-party terms. You must comply with any applicable third-party terms when using the app.
• Third-party beneficiary. Apple and its subsidiaries are third-party beneficiaries of this section, and Apple has the right, and is deemed to have accepted the right, to enforce these Terms against you as a third-party beneficiary.
• Legal compliance. You represent and warrant that you are not located in a country that is subject to a Canadian or United States government embargo or that has been designated as a terrorist-supporting country, and that you are not listed on any Canadian or United States government list of prohibited or restricted parties.
• Contact. Questions, complaints and claims about the app should go to Sonya William, Toronto, Ontario, Canada, support@listnd.app. A full postal address is available on request.

12. Fees, and how the Service is funded

The Service is free to use today and carries no advertising that we sell or place.

We are not promising that this never changes. LISTND has to pay for itself eventually and how it does that is not settled, so we may in future introduce paid features, a subscription, advertising or some other way of funding the Service. If we do, we will update these Terms first and give notice as described in section 18, and we will describe any price clearly before you buy anything. Purchases made through the app are processed by Apple under Apple's terms, including Apple's refund policy.

None of that changes section 4. Advertising inside podcast audio is placed there by publishers and their hosting providers, not by us.

You are responsible for your own data charges and for the cost of your internet connection.

13. Suspension, termination and deletion

You may stop using the Service at any time, and you may delete your account from within the app. Deleting your account removes your profile and your content from the Service, and we delete or de-identify the associated personal information as described in our Privacy Policy. Some records may persist where we are required to keep them or where they exist in another user's copy of a shared item, and content you sent to another user may remain visible to them.

We may suspend or terminate your access, or remove content, if you break these Terms, if we reasonably believe your use exposes us or other users to legal risk or harm, or if we stop offering the Service. Where it is reasonable to do so we will give you notice first.

Sections that by their nature should survive termination do survive it, including sections 4, 5, 8, 14, 15, 16 and 17.

14. The Service is provided as is

The Service is provided on an "as is" and "as available" basis. To the fullest extent permitted by law, and except for any warranties, conditions or guarantees that applicable consumer protection law gives you and that cannot be excluded, we make no representations or warranties of any kind, express or implied, including implied warranties of merchantability, fitness for a particular purpose, non-infringement or accuracy.

In particular we do not warrant that the Service will be uninterrupted, error free or secure, that playback positions, listening history, downloads or lists will never be lost or incorrect, that any show or episode will remain available, that metadata will be accurate, or that defects will be corrected.

Nothing in these Terms excludes or limits any right you have under Ontario consumer protection law or any other consumer protection law that applies to you and that cannot be excluded by agreement, and nothing in these Terms negates or varies any deemed or implied condition or warranty that applicable law does not permit us to negate or vary.

15. Limitation of liability

To the fullest extent permitted by law, and subject always to the paragraph below:

• we are not liable for indirect, incidental, special, consequential, exemplary or punitive damages, or for lost profits, lost data, lost goodwill or the cost of substitute services, arising out of or relating to the Service, however caused and on any theory of liability
• we are not liable for podcast content, for anything a third party does or fails to do, including publishers, hosting providers, directories and other users, or for content another user posts
• our total aggregate liability to you for all claims relating to the Service is limited to the greater of the amount you have paid us in the twelve months before the claim arose and one hundred Canadian dollars

Nothing in this section limits liability that cannot be limited by law, including liability for fraud, for fraudulent misrepresentation, for death or personal injury caused by negligence, and any liability arising from a breach of a condition or warranty that applicable consumer protection legislation does not permit us to limit. If you are a consumer in Ontario, this section does not place a monetary limit on any claim you make for breach of a condition or warranty under the Sale of Goods Act or under the Consumer Protection Act.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation of certain damages, so parts of sections 14 and 15 may not apply to you. In that case those parts apply to the fullest extent the law allows.

16. Indemnity

To the extent permitted by law, you agree to indemnify us against reasonable losses, liabilities and costs, including reasonable legal fees, arising out of a third-party claim caused by Your Content, by your breach of these Terms or by your unlawful use of the Service. This does not apply to the extent the claim results from our own act or omission, and it does not apply to you as a consumer where applicable consumer protection law prohibits it. We will tell you about any claim we ask you to cover and give you a reasonable opportunity to participate in its defence.

17. Governing law and how disputes are handled

These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada that apply there, without regard to conflict of laws rules. If you are a consumer resident elsewhere, this does not deprive you of the protection of the mandatory consumer law of the place where you live.

If something goes wrong, please write to us first at support@listnd.app. Most things can be sorted out that way, and we will do our best to resolve your concern before anyone goes near a court.

If it cannot be resolved, the courts of Ontario have jurisdiction, and you and we both submit to them. Nothing in these Terms requires you to submit a dispute to arbitration, prevents you from bringing an action in the Ontario Superior Court of Justice, or prevents you from commencing or joining a class proceeding. You may also bring a claim in a small claims court that has jurisdiction over you.

If you are outside Canada

LISTND is available in Canada, the United States, the United Kingdom and Japan. Wherever you are, the mandatory consumer protection law of the place where you live continues to apply to you, and these Terms do not take it away, and nothing in sections 14, 15 or 16 limits a right that the law where you live does not permit us to limit.

If you are a consumer in the United Kingdom, you may bring proceedings in the courts of the part of the United Kingdom where you live, and you have rights over your personal information under the UK GDPR, including rights of access, correction, erasure, restriction, portability and objection, and a right to complain to the Information Commissioner's Office.

If you are in Japan, the Act on the Protection of Personal Information applies to our handling of your personal information.

Our Privacy Policy explains how to exercise those rights and identifies the lawful bases we rely on.

18. Changes to these Terms

We may update these Terms as the Service changes or as the law requires. If a change is material we will give reasonable notice, in the app or by email, before it takes effect, and we will update the effective date at the top. Continuing to use the Service after a change takes effect means you accept the updated Terms. If you do not accept them, stop using the Service and delete your account.

19. General

These Terms, together with the Privacy Policy, are the entire agreement between you and us about the Service. If a provision is found unenforceable, the rest stays in effect and the unenforceable provision is limited only to the minimum extent necessary. Our not enforcing a provision is not a waiver of it. You may not assign these Terms; we may assign them to a successor in connection with a merger, an acquisition or a sale of assets, on notice to you.

20. Contact

Sonya William
Toronto, Ontario, Canada

A full postal address is available on request by email.

All enquiries, including support, legal notices, reports of objectionable content or users, copyright complaints and podcast feed removal requests: support@listnd.app