HIVECAST LLC TERMS OF SERVICE

THESE TERMS AND CONDITIONS (THESE “TERMS”) ARE ENTERED INTO BY AND BETWEEN HIVECAST LLC, A COLORADO LIMITED LIABILITY COMPANY, WITH OFFICES LOCATED AT 3365 BEELER CT., DENVER, CO 80238 (“HIVECAST,” “WE,” “US”), AND YOU AND THE ENTITY, IF ANY, ON BEHALF OF WHICH YOU ARE PURCHASING SERVICES (“CLIENT,” “YOU”). BY SUBSCRIBING TO A HIVECAST PACKAGE AND SUBMITTING PAYMENT, YOU AGREE TO BE BOUND BY THESE TERMS.

HiveCast provides done-for-you podcast production services. The specific services included in your engagement depend on the package you select and may include strategy, cover art, audio editing, video editing, show notes, and clip creation. Services not expressly included in your selected package are out of scope and may be added by written agreement, which may affect pricing and timelines.

HiveCast services are sold on a monthly subscription basis. Packages are offered at either four (4) episodes per month or two (2) episodes per month, depending on the package you select.

Billing is monthly and recurring, charged to the credit card on file through the subscription. Because some months contain more than four weeks, your billing date may shift to accommodate the production calendar.

Your subscription automatically renews at the end of each billing period under the same terms unless you cancel it in accordance with these Terms or HiveCast cancels it. By subscribing, you authorize HiveCast to charge the card on file on a recurring basis for each renewal until the subscription is canceled.

If you do not use all episodes included in your package during a billing period, you may roll up to one (1) unused episode forward to the following billing period. Rolled-over episodes must be used in that following period and do not continue to accumulate.

Payment must be successful and current for work to proceed. If a scheduled payment fails, your card will enter a five (5)-day dunning period during which HiveCast will attempt to collect payment. If payment is not successfully collected by the end of the five (5)-day dunning period, HiveCast will suspend services until payment is resolved. Production timelines and delivery are paused during any period of failed or outstanding payment, and HiveCast is not responsible for delays or missed launch dates resulting from suspended services.

You shall reimburse HiveCast for all costs incurred in collecting any late or unpaid amounts, including without limitation collection costs and reasonable attorneys’ fees.

HiveCast may modify subscription fees at any time. Any fee change will take effect at the end of your then-current billing period, and HiveCast will provide reasonable advance notice before the change takes effect. Your continued use of the service after a fee change takes effect constitutes your agreement to the modified fee.

HiveCast requires a minimum of five (5) business days of turnaround time per episode. This turnaround time does not begin until we have received all assets and materials needed to begin production, including but not limited to raw audio or video files, guest information, and any other inputs required for your selected services.

You are responsible for delivering complete assets in a timely manner. Delays in delivering assets will delay production and may affect your launch schedule. HiveCast is not responsible for missed launch dates caused by late or incomplete asset delivery.

Each episode includes up to three (3) rounds of revision. Each round of revision requires a minimum of twenty-four (24) hours to complete.

If you want an episode to launch on a specific date and to allow time for multiple rounds of revision, you must build that time into your asset delivery schedule. This means delivering your assets early enough to accommodate the five (5)-business-day production window plus the time needed for your desired number of revision rounds. HiveCast is not responsible for missed launch dates caused by insufficient time being built in for revisions.

Review and Approval of Content

You are responsible for reviewing all content produced or modified by HiveCast before it is released. If you do not reject or comment on a piece of content at least twenty-four (24) hours before its scheduled release date, that content is deemed approved by you. You acknowledge that once content has been approved and distributed, it may not be possible to revise or retract it, including in cases where it has been downloaded, screenshotted, or otherwise copied by a third party.

You own the finished episodes and the associated project files produced under your engagement. Ownership transfers to you upon full payment for the applicable billing period.

HiveCast retains all rights, title, and interest in its own templates, processes, methods, tools, and know-how used to produce your podcast. Nothing in these Terms transfers ownership of these materials to you, and HiveCast may continue to use and reuse them in the course of providing similar services to other clients.

You own and control all accounts and platforms used to host and publish your podcast, including your podcast hosting account, YouTube channel, social media accounts, and any other publishing platforms. HiveCast does not own or retain control of these accounts. Any access you grant HiveCast to these accounts is for the purpose of performing your selected services and may be revoked by you at any time.

HiveCast will only showcase or reference your finished work in our portfolio, website, or marketing materials with your permission. We will not publicly display your work without your consent.

Client Content and Legal Responsibility

You are solely responsible for the content you provide. By engaging HiveCast, you represent and warrant that:

  • You own or have the proper rights and licenses to all content, audio, video, and materials you provide to us.
  • Your content does not infringe on the intellectual property, privacy, or other rights of any third party.
  • You have obtained all necessary approvals, consents, and releases from guests and any other individuals featured in your content.
  • Your content is lawful and does not violate any applicable laws or regulations.

HiveCast produces your podcast based on the materials you provide and is not responsible for verifying the legality, ownership, or clearance of your content. You agree to indemnify and hold HiveCast harmless from any claims, damages, or liabilities arising from the content you provide.

HiveCast will not use any rights-managed music, sound effects, or other third-party materials in your podcast. If you request that such assets be included, you are solely responsible for ensuring they are properly licensed for your use.

HiveCast may use team members, contractors, or subcontractors to perform services under these Terms. We remain responsible for the delivery of services regardless of who on our team performs the work.

During the term of your engagement and for a period of twenty-four (24) months after it ends, you shall not, without HiveCast’s prior written consent, directly or indirectly: (i) cause or attempt to cause any employee, agent, or contractor of HiveCast to terminate their relationship with HiveCast; (ii) interfere or attempt to interfere with the relationship between HiveCast and any employee, agent, or contractor; or (iii) hire or attempt to hire any employee, agent, or contractor of HiveCast.

HiveCast will keep your non-public business information, unreleased content, and materials confidential and will not disclose them to third parties except as needed to perform our services or as required by law.

To cancel your subscription, you must give HiveCast written notice at least thirty (30) days before your next billing date. If we receive your notice less than thirty (30) days before your next billing date, your subscription renews one more time and your cancellation takes effect at the end of that billing period.

Payments are non-refundable once a billing period has begun. You will receive all episodes included in any billing period you have paid for, including the final billing period before your cancellation takes effect.

HiveCast provides production services and does not guarantee any specific results, including download numbers, audience growth, rankings, or revenue. To the fullest extent permitted by law, HiveCast’s total liability arising out of or related to these Terms is limited to the amount you paid to HiveCast in the one (1) month preceding the event giving rise to the claim. HiveCast is not liable for indirect, incidental, or consequential damages.

These Terms are governed by the laws of the State of Colorado, without regard to its conflict of law principles.

Any dispute arising under these Terms that cannot be resolved through direct negotiation will first be submitted to mediation in Denver, Colorado. If the dispute is not resolved through mediation within thirty (30) days after it is referred to the mediator, it will be resolved through binding arbitration in Denver, Colorado, under the rules of the American Arbitration Association. The costs of mediation will be shared equally by the parties. The costs of arbitration, including the arbitrator’s fees, will be borne by the non-prevailing party, and the prevailing party will be entitled to recover its reasonable attorneys’ fees and costs, unless the arbitrator directs otherwise.

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full effect. HiveCast’s failure to enforce any right or provision of these Terms is not a waiver of that right or provision. These Terms constitute the entire agreement between you and HiveCast regarding our services and supersede any prior agreements or understandings.

HiveCast is not liable for any delay or failure to perform resulting from causes beyond its reasonable control, including but not limited to acts of God, natural disasters, illness, failure of the internet or third-party services, labor disputes, or governmental action. Performance obligations are suspended for the duration of any such event.

The provisions of these Terms that by their nature should survive termination will survive, including ownership, confidentiality, non-solicitation, indemnification, and limitation of liability.

HiveCast may update these Terms from time to time. We will notify you of material changes, and your continued use of our services after such changes constitutes acceptance of the updated Terms.

ALL NOTICES, REQUESTS, CONSENTS, CLAIMS, DEMANDS, WAIVERS, AND OTHER COMMUNICATIONS UNDER THESE TERMS MUST BE IN WRITING AND ADDRESSED TO THE PARTY AT ITS ADDRESS SET FORTH BELOW. NOTICES MUST BE DELIVERED BY PERSONAL DELIVERY, NATIONALLY RECOGNIZED OVERNIGHT COURIER, CERTIFIED OR REGISTERED MAIL (RETURN RECEIPT REQUESTED, POSTAGE PREPAID), OR EMAIL. A NOTICE IS EFFECTIVE ONLY UPON RECEIPT BY THE RECEIVING PARTY.

IF TO HIVECAST:

HIVECAST LLC
 ATTN: SARAH LOCKWOOD
 3365 BEELER CT.
 DENVER, CO 80238
 SARAH@HIVECAST.FM

IF TO CLIENT:

TO THE ADDRESS PROVIDED BY CLIENT AT THE TIME OF SUBSCRIPTION.