Terms of Service

Spokely is a podcast listening platform operated by Strawberry Gum, an Australian sole trader (ABN: 80 366 472 388). In these Terms of Service (“Terms”), “Spokely”, “we”, “us” and “our” refer to that operator.

You can reach us at support@getspokely.com.

By creating a Spokely account or otherwise using Spokely, you agree to these Terms and to our Privacy Policy. If you don't agree, please don't use Spokely.

Spokely is intended for people aged 13 and over. By using Spokely you confirm that you are at least 13 years old. If we become aware that a user is under 13, we will close their account.

You are responsible for:

• providing accurate information when you sign up;
• keeping your password (and any social sign-in credential) secure;
• everything that happens under your account.

You agree to let us know promptly at support@getspokely.com if you believe your account has been accessed without your permission.

You may close your account at any time by emailing support@getspokely.com. We handle the data associated with closed accounts as described in the Privacy Policy.

We want Spokely to be a useful, low-friction place to discover and listen to podcasts. To keep it that way, you agree not to:

• use Spokely to break any law, infringe anyone's rights, or harass, abuse or harm anyone;
• attempt to gain unauthorised access to Spokely, other users' accounts, or our systems;
• interfere with the operation of Spokely, including by scraping or systematically extracting content in a way that places an unreasonable load on the service;
• reverse-engineer, decompile or attempt to extract the source code of any part of Spokely, except to the extent this restriction is prohibited by law;
• use Spokely to redistribute podcast content in a way that is not permitted by the relevant creator or rights-holder;
• impersonate any person or misrepresent your affiliation with any person or entity.

We may suspend or close accounts that breach these rules.

Spokely lets you create and share playlists of podcast episode clips. You keep ownership of the playlists you create.

By creating or sharing a playlist on Spokely, you grant Spokely a non-exclusive, royalty-free, worldwide licence to display and share that playlist within Spokely so that we can show it to you and to any other users you've shared it with. This licence is limited to running the Spokely service — we don't use your playlists in marketing, advertising or other channels outside Spokely.

You can delete a playlist at any time. Once deleted, we will stop displaying it within a reasonable period (cached or backup copies may persist briefly before being overwritten).

You are responsible for making sure the content of any playlist you share (including its title and description) doesn't infringe anyone's rights or break the law.

If you sign up as a podcast creator and connect a show you control, the following additional terms apply.

Your warranty. You confirm that you are the owner of, or have authority to act on behalf of the owner of, the podcast(s) you connect to Spokely.

Transcription. You can choose to allow Spokely to transcribe episodes of your podcast. If you turn transcription on, you grant Spokely a non-exclusive, royalty-free, worldwide licence to:

• ingest the audio of your episodes from your public RSS feed;
• generate and store transcripts, summaries, timestamps, and numerical embeddings derived from that audio; and
• use the transcripts and derived data (including embeddings) internally to power search and discovery on Spokely (for example, to return your show in response to a listener's semantic search and to display your podcast's content to that listener).

We don't display the raw transcripts themselves to listeners — they are used internally as a search index, and what listeners see is your podcast content (such as the audio and surrounding metadata).

Turning transcription off. You can turn transcription off at any time from your creator dashboard. When you do, we will delete the transcripts of your episodes within a reasonable period. We may retain the numerical embeddings derived from those transcripts to continue powering Spokely's search system. Embeddings are derived numerical representations of content — they are not the transcript text itself and cannot be displayed back to listeners as transcripts.

Analytics. Spokely shows you aggregated analytics about your show, including approximate geographic breakdowns. We do not share individual listener identities or personal information with you, and you agree not to attempt to re-identify listeners from the analytics we provide.

Spokely pulls podcast metadata and audio from publicly available RSS feeds. We are not the creator of, and do not endorse, the podcasts available through Spokely. The views expressed in those podcasts are those of the relevant creators.

If you are a podcast creator and you do not want your show to appear on Spokely, email support@getspokely.com and we will remove it.

We work hard to keep Spokely running, but we don't guarantee that it will be available without interruption or free from errors. We may:

• change, add or remove features from time to time;
• temporarily suspend Spokely for maintenance or upgrades;
• discontinue the service in whole or in part, giving you reasonable notice if we do.

We will try to give you reasonable notice of material changes.

You can stop using Spokely and close your account at any time.

We may suspend or close your account, with or without notice, if:

• you breach these Terms;
• we are required to do so by law;
• continuing to provide Spokely to you would create a legal, security or operational risk; or
• you have been inactive for an extended period.

If we close your account, the parts of these Terms that by their nature should survive (such as ownership, disclaimers, limitations of liability, indemnity and governing law) will continue to apply.

Spokely (including the website, software, branding, search technology and any content we create ourselves) is owned by us or our licensors and is protected by intellectual property laws. Except as expressly permitted by these Terms, you may not copy, modify, distribute, sell or create derivative works of Spokely.

The licences you grant us under sections 6 and 7 are the only rights we receive in the content you provide. You keep ownership of your content.

To the maximum extent permitted by law, Spokely is provided “as is” and “as available”. We do not make any promises about:

• the availability, accuracy, completeness or reliability of Spokely or any podcast content available through it;
• the search results or recommendations you receive;
• whether Spokely will meet your specific requirements.

Nothing in this section limits any rights you have under the Australian Consumer Law (see section 14).

To the maximum extent permitted by law:

• we are not liable for any indirect, consequential, incidental or special loss (including loss of profits, revenue, data or goodwill) arising out of your use of Spokely; and
• our total aggregate liability to you for all claims arising out of or in connection with Spokely is limited to the greater of AUD $100 or the amount you have paid us (if any) in the twelve (12) months immediately before the event giving rise to the claim.

This section applies whether the claim is in contract, tort (including negligence), under statute or otherwise.

Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)) or any other law that cannot lawfully be excluded.

Where our liability under a non-excludable consumer guarantee can be limited by law, our liability is limited (at our option) to re-supplying the service or paying the cost of having the service supplied again.

You agree to indemnify Spokely against any third-party claim, loss, damage or cost (including reasonable legal costs) that arises out of:

• your breach of these Terms;
• your misuse of Spokely; or
• content you submit to Spokely (including playlists and, if you are a creator, any podcast content you choose to connect).

This indemnity doesn't apply to the extent the claim is caused by Spokely's own breach of these Terms or its negligence.

These Terms are governed by the laws of Victoria, Australia. You and Spokely each submit to the exclusive jurisdiction of the courts of Victoria (and the courts hearing appeals from them) for any dispute arising out of or in connection with these Terms or Spokely.

If you live outside Victoria, this clause doesn't prevent you from bringing a claim in any court that has mandatory jurisdiction over the dispute under the law of your home state or country.

We may update these Terms from time to time. When we do, we'll update the “Effective date” at the top and, if the changes are material, give you reasonable advance notice — for example, by email or via a notice on the website. Continuing to use Spokely after a change means you accept the updated Terms. If you don't accept them, you can close your account.

Whole agreement. These Terms (together with the Privacy Policy) are the whole agreement between you and Spokely about your use of the service.

No waiver. If we don't enforce a right under these Terms, that doesn't mean we've given it up.

Severability. If any part of these Terms is found to be unenforceable, the rest will continue to apply.

Assignment. You can't transfer your rights or obligations under these Terms without our written consent. We may transfer ours to a successor of the Spokely business.

Questions about these Terms? Email support@getspokely.com.