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    Terms of Service

    for the Podcast Platform “Hypecast”

    As of: August 17, 2026

    These Terms of Service (hereinafter "Terms" or "Agreement") govern the use of the SaaS platform "Hypecast" (hereinafter "Platform") of

    Hype1000 GmbH
    Am Freistuhl 15
    46325 Borken, Germany
    Register court: Local Court Coesfeld, HRB 21539
    Managing Directors: Simon Kapell, Maximilian Conrad
    VAT ID: DE341989174
    Mail: legal@hypecast.one

    (hereinafter "Provider")

    By registering for, accessing, or using the Platform, the User agrees to these Terms of Service.

    1. Scope and Contracting Party

    1. These Terms of Service apply to all contracts for the provision of the Platform between the Provider and the User. Deviating terms of the User are not recognized unless the Provider expressly agrees to their validity in text form.
    2. The Platform is intended exclusively for entrepreneurs within the meaning of Section 14 BGB, legal entities under public law, and special funds under public law. Contracts with consumers within the meaning of Section 13 BGB are not concluded. By registering, the User confirms that they act in the exercise of their commercial or independent professional activity.
    3. Additional special terms may apply to specific features or services, in particular: - the applicable service description, - a Service Level Agreement (SLA), - the data processing agreement under Section 8, - the switching and exit information under Section 12.
    4. These documents become part of the Agreement. In case of conflicts, the order of precedence is: individual agreement, data processing agreement, SLA, service description, these Terms of Service.

    2. Registration and Account

    1. Use of the Platform requires registration. The User provides complete and correct company information and keeps it up to date.
    2. The User protects access credentials from third-party access. Each action performed through the account is deemed initiated by the User unless the User proves that they are not responsible for the use.
    3. The User may grant access to additional persons within the booked plan (hereinafter "User accounts"). The User is responsible for their actions as for its own actions.
    4. The Provider may temporarily suspend accounts in case of material violations of these Terms of Service. Before suspension, the Provider will, where reasonable under the circumstances, request remediation within a set deadline. In urgent cases (e.g., rights violations, security incidents), suspension may occur immediately; the User will be informed without undue delay. User Content will not be deleted as part of a suspension before expiry of the export period under Section 12.

    3. Services of the Provider

    1. The Provider makes the Platform available to the User, including the agreed features (including creating, hosting, distributing, and analyzing podcasts), as SaaS via the Internet.
    2. The scope of services follows the service description applicable at contract conclusion and any booked add-on packages.
    3. The Provider may further develop the Platform (updates, upgrades, new features) provided that essential main performance obligations are not impaired. The Provider will notify the User of material feature changes or discontinuation of material features at least 30 days before they take effect in text form. If a change materially impairs contractual use, the User may terminate the Agreement extraordinarily at the time the change takes effect.
    4. Hosting location: The Platform and User Content are operated exclusively in data centers within the European Union. The subprocessors used are listed in the data processing agreement.
    5. A claim to specific availability exists only to the extent expressly promised in an SLA.

    4. User Obligations

    1. The User uses the Platform only for the contractually agreed purposes and in compliance with applicable law.
    2. In particular, it is prohibited to post or distribute content that - violates copyrights, trademarks, or other third-party rights, - is criminal, harmful to minors, insulting, racist, glorifies violence, pornographic, or otherwise unlawful, - contains malware.
    3. The User must not use the Platform to send unsolicited advertising ("spam").
    4. The User ensures that it has a legal basis for processing personal data of third parties (in particular employees, guests, and listeners) and that any co-determination rights are observed.
    5. In case of violations, the Provider may block the affected content and/or proceed under Section 2.4. Further claims remain reserved.

    5. Fees and Payment Terms

    1. The prices agreed at contract conclusion apply. All prices are net plus statutory VAT.
    2. Invoices are due within 30 days of the invoice date unless otherwise agreed. In case of late payment, the Provider may charge statutory default interest and, after prior reminder with a reasonable deadline, suspend access to the Platform.
    3. Price adjustment: The Provider may adjust fees no earlier than twelve months after contract start and thereafter no more than once per twelve-month period with 60 days' notice in text form. If the increase exceeds 5% of the previous fee, the User may terminate the Agreement at the time the increase takes effect. The Provider will specifically point out this right in the notice.
    4. The Provider does not charge fees for switching to another provider or data transfer under Section 12 (Art. 29 Data Act).

    6. Usage Rights and Intellectual Property

    1. The Provider grants the User, for the term of this Agreement, a simple, non-transferable, non-sublicensable right to use the Platform as intended.
    2. All rights to the Platform, including software, layouts, logos, trademarks, and databases of the Provider, remain with the Provider.
    3. The User retains all rights to its uploaded or created content ("User Content"). The User grants the Provider a simple, worldwide usage right to store, host, reproduce, distribute, and make User Content accessible to recipients determined by the User. This right is limited to what is necessary to perform the Agreement and ends upon termination of the Agreement or deletion of User Content under Section 12.
    4. The Provider does not use User Content for its own purposes, in particular not for advertising and not to train its own or third-party AI models (see Section 7).
    5. The User is responsible for having all rights required to publish User Content and indemnifies the Provider against third-party claims arising from rights violations by User Content. The Provider will inform the User without undue delay about asserted claims and leave the defense to the User.

    7. Use of Artificial Intelligence

    1. The Platform contains features based on artificial intelligence (including transcription, translation, summaries, chapter marks, clip creation - hereinafter "AI Features"). The scope follows the service description.
    2. User Content is not used to train AI models of the Provider or third-party providers used. Processing occurs exclusively to provide the requested AI Feature.
    3. The subprocessors used for AI Features are named in the data processing agreement. The Provider informs about changes in accordance with the data processing agreement.
    4. AI Features generate automated results that may be incorrect or incomplete. The Provider does not owe substantive correctness of AI-generated results. The User reviews results before publication or other use.
    5. The User may disable AI Features in the Platform settings where the service description provides this option.

    8. Data Protection and Data Security

    1. Where the Provider processes personal data on behalf of the User, the parties enter into a data processing agreement under Art. 28 GDPR. The data processing agreement is available on request and becomes part of this Agreement upon contract conclusion. It governs in particular subject matter and duration of processing, technical and organizational measures, use of subprocessors, support duties, and deletion duties.
    2. Otherwise, personal data is processed in accordance with the Provider's Privacy Policy and in compliance with GDPR and BDSG.
    3. The Provider implements appropriate technical and organizational measures under Art. 32 GDPR. The Provider's information security management system is certified under ISO/IEC 27001. The certificate is provided on request.
    4. Protection against third-country access: The Provider takes appropriate technical, organizational, and legal measures to prevent transfers of, or government access to, the User's non-personal data by third countries where this would conflict with Union law or the law of a Member State (Art. 32 Data Act).
    5. In case of a reportable personal data breach, the Provider informs the User without undue delay in accordance with the data processing agreement.

    9. Warranty

    1. The Platform is provided according to the current state of technology. The Provider does not warrant that the Platform will operate without interruption, error-free, or without delays unless expressly guaranteed in an SLA.
    2. For material and legal defects, statutory rental law provisions apply with the proviso that strict liability under Section 536a (1) Alt. 1 BGB is excluded.
    3. For services provided free of charge (e.g., test and freemium access), the Provider is liable only for intent and gross negligence.

    10. Limitation of Liability

    1. The Provider is liable without limitation for intent and gross negligence, under the Product Liability Act, in case of fraudulent concealment of a defect, assumption of a guarantee, and injury to life, body, or health.
    2. In case of slightly negligent breach of a material contractual obligation (cardinal obligation), the Provider's liability is limited to the foreseeable damage typical for the Agreement. Otherwise, liability for slight negligence is excluded.
    3. Liability under Section 10.2 is - except in the cases of Section 10.1 - limited per claim to the net fees paid by the User in the twelve (12) months before the event causing the damage, and in total to that amount per contract year.
    4. Liability for damages from data loss is limited to the effort that would have been required to restore data with proper and regular backups by the User.
    5. The above limitations also apply in favor of the Provider's legal representatives, employees, and vicarious agents.

    11. Contract Term and Termination

    1. The Agreement is concluded for an indefinite period unless a minimum term is expressly agreed.
    2. Either party may terminate the Agreement with two (2) months' notice to the end of a month. If a minimum term is agreed, termination is possible no earlier than expiry of the minimum term; the two-month notice period remains unaffected.
    3. Terminations require text form.
    4. The right to extraordinary termination for good cause remains unaffected. Good cause exists for the Provider in particular if the User violates material contractual obligations despite warning or is in default of payment for a non-insignificant amount despite reminder.

    12. Provider Switching, Data Export, and Contract End

    1. Transition period: Upon receipt of a termination, a transition period of 30 calendar days begins after the notice period expires, during which the User may continue using the Platform to the previous extent and export and migrate its data. The User may shorten the transition period once or request a reasonable extension where technically necessary.
    2. Exportable data: During the transition period, the User may export: - all User Content (audio and video files in the originally uploaded or common open formats), - metadata (titles, descriptions, chapters, transcripts, publication dates) in structured, machine-readable form, - usage and reporting data in a common structured format (e.g., CSV, JSON), - configuration and permission data where transferable.
    3. Export and interface information: The Provider provides and keeps current a description of available export functions, interfaces (API), data formats, and the migration process. Domain on request.
    4. No switching fees: The Provider does not charge fees for switching and data transfer. Regular fees for use of the Platform during the transition period remain unaffected.
    5. Cooperation: The Provider supports the User in the migration to a reasonable extent and removes technical, organizational, and contractual switching obstacles.
    6. Deletion: After expiry of the transition period, the Provider deactivates the account and deletes User Content and the remaining User data within 30 days completely, unless statutory retention duties conflict. Upon request, the Provider confirms deletion in text form.

    13. Confidentiality

    1. The parties treat all information of the other party obtained during performance of the Agreement that is marked confidential or confidential by nature as confidential and use it only to perform the Agreement.
    2. The duty does not apply to information that is publicly known, independently developed, or required to be disclosed by law.
    3. The duty continues for three years after contract end. Further protection under trade secret law remains unaffected.
    4. Reference naming: The Provider may name the User as a reference customer only with prior consent in text form.

    14. Changes to the Terms of Service

    1. The Provider may amend these Terms of Service where required for objective reasons (e.g., changes in law, supreme-court case law, changes to the scope of services) and where this does not unreasonably disadvantage the User. Changes to main performance obligations or fees are excluded.
    2. The Provider informs the User at least 30 days before the changes take effect in text form. If the User does not object within this period in text form, the changes are deemed accepted. The Provider will specifically point out the deadline and the effect of silence in the change notice.
    3. If the User objects in due time, the Agreement continues under the previous terms; both parties' right to ordinary termination under Section 11 remains unaffected.

    15. Final Provisions

    1. Assignment: The User may assign rights under this Agreement only with the Provider's prior consent in text form. Section 354a HGB remains unaffected.
    2. Set-off: The User may set off only against undisputed or finally adjudicated claims.
    3. Text form: Amendments and additions to this Agreement require text form. This also applies to waiver of this clause.
    4. Severability: If a provision of this Agreement is invalid in whole or in part, the validity of the remaining provisions remains unaffected.
    5. Applicable law and jurisdiction: German law applies, excluding the UN Convention on Contracts for the International Sale of Goods. Exclusive place of jurisdiction for all disputes is the registered office of the Provider.
    6. Contract language: The binding contract language is German. Translations are for information only.