Terms & Conditions

1. Introduction 

1.1- Captivate.fm (“captivate”) is a website owned by Captivate Audio Ltd, a registered company in England and Wales with a registered address of 12 Gibson Booth, Victoria Road, Barnsley, United Kingdom, S70 2BB and company number 11840222. 

1.2- Captivate.fm is a website that provides an innovative platform and tools to assist podcasters to create the best possible experience for their listeners. Below is set out the terms and conditions by which this website is governed. By using this website, you agree to these terms and conditions and are bound by them. If you fail to comply with the terms and conditions in this policy, your use of our website may be terminated. 

2. Data Protection 

2.1- Captivate Audio as a Data Controller acts at all times in accordance with the Data Protection Act 2018 and relevant Data Protection Laws and Regulations.  For further information, please view the Privacy Policy. However, Captivate is not responsible for the collection, storage and processing of data carried out by its customers. All customers using the Captivate platform must ensure that they are in compliance with all applicable Data Protection Laws and Regulations in their jurisdiction(s). 

3. Age restrictions 

3.1- Customers must be 18 years old and above. We do not willingly sell our product to a consumer under 18 years of age and will not be responsible if a sale is made to anyone below this ager limit. 

4. Purchases

4.1- If you wish to make a purchase on our site, the site will guide you through our purchase process. However, we are not liable for incorrectly ordered items on your behalf, therefore, we recommend that you check orders carefully before submitting. 

4.2- An order confirmation email shall be sent to you soon after the purchase has been processed. In the confirmation email, you can expect to find the following information:

  • Confirmation of the services ordered
  • Fully itemised pricing for the services you have ordered, including, where appropriate, taxes and other additional charges. 

4.3- If Captivate, for any reason, does not accept or cannot fulfil a customer’s order, no payment shall be taken. If Captivate has taken payment without the order being successful, any such sums will be refunded as soon as possible in any event within 30 days. 

5. Payment & refunds

5.1- Payment for our services can be found in our price policy https://www.captivate.fm/signup

5.2- Where a customer’s free-trial comes to an end automatic billing will begin, all payments are non-refundable and a customer can cancel a free-trial at any time during the trial period.

5.3 Where Captivate’s pricing structure is based upon downloads/bandwidth, we reserve the right to invoke a fair usage policy where we feel it is required. We will always contact you about this prior to taking any action, in the rare circumstance that it does.

5.4- Should you exceed your Captivate download/bandwidth plan limit in any single month, no action will be taken on our part except for where item 5.3 is invoked. Exceeding your download/bandwidth plan limit for two months consecutively by a margin greater than 25% will automatically upgrade you to the next payment tier. You will be notified of this change via email.

5.5- Failure to pay an invoice will result in a reduction in service and the possibility that your podcast may be removed from podcast directories including but not limited to Apple Podcasts, Spotify and Google Podcasts.

6. Links to third party sites 

6.1- Links to third-party sites may be included on the site. If you choose to follow a link from our site, to a third-party site, our terms and conditions will not apply and will be terminated at the point of you exiting our site. We recommend that if you leave our site through a third-party link, you read their terms and conditions before proceeding to browse, use or interact with the other site. 

7. Conduct 

7.1- By using our site, you agree to be bound by our terms and conditions. 

7.2- If you upload, download or stream malicious software onto or from our site, your use of our site will be terminated. We are not responsible for any malware that may be on our site. 

7.3- If you upload, download or stream inappropriate content onto or from our site, your use of our site will be terminated. We are not responsible for any inappropriate content which may be found on our site. 

7.4- Visitors must not attempt to gain unauthorised access to any part of the Site, the server on which the Site is stored, or any other server, computer, or database connected to the Site.

7.5- Anyone breaching the provisions of this section may be committing a criminal offence under the Computer Misuse Act 1990. 

7.6- Any and all such breaches will be reported to the relevant law enforcement authorities and Captivate will cooperate fully with those authorities by disclosing the identity of the breacher to them.

7.7- By using Captivate, you agree that you will not re-sell Captivate in full or in part. If you wish to do so, you must contact Captivate at support@captivate.fm to ensure that you are signed up to our resale agency/network plans. Failure to comply may result in termination of service.

7.8- By using Captivate, you agree that you will only host podcasts that you personally produce. If you wish to host shows that you do not produce, you must contact Captivate at support@captivate.fm to ensure that you are signed up to our resale agency/network plans. Failure to comply may result in termination of service.

8. Provisions of service 

8.1- In certain circumstances, for example where a technical problem arises, Captivate may need to suspend or otherwise interrupt the services to resolve the issue. Unless the issue is an emergency that requires immediate action, Captivate will inform all customers in advance before suspending or interrupting the services. 

9. Cookies and Privacy policies

9.1- Use of the Site is also governed by a Cookie and Privacy Policies. These policies are incorporated into these Terms of Use by this reference.

10. Changes to these Terms and Conditions 

10.1- Captivate may alter these Terms of use at any anytime. If Captivate does so, details of the changed will be highlighted at the top of this page. Any such changes will become binding on all visitors upon each and upon first use of the Site after the changes have been implemented. All visitors are therefore advised to check this page from time to time.

11. Severability

11.1- If any of the provisions of these Terms and Conditions are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms and Conditions. The remainder of these Terms and Conditions shall be valid and enforceable.

12. Limitation of liability 

12.10 The statistics shown on our site are measured as accurately as possible. If these statistics are incorrect by any degree, then we will not be liable for this inaccuracy. 

12.2- Captivate will not be held liable for any of the actions of its customers using the Captivate platform except to the extent of enforcing the provisions of these terms and conditions. 

13 IP provision 

13.10 Captivate has full rights, ownership or license in the intellectual property provided on this website. No content on the Captivate site shall be copied, or duplicated in any manner. Any breach of Captivate’s intellectual property rights will be pursued under the appropriate intellectual property laws or regulations. 

13.2- Customers who upload intellectual property to the Captivate site grant a limited non-exclusive license to Captivate of such intellectual property for the period the consumer is using the Captivate platform. Any intellectual property or other data uploaded by the customer to the platform will be deleted from the system 30 days after termination of the use of the Captivate platform by either the customer or Captivate. 

13.3- Customers using the Captivate platform and hosting services retain the intellectual property rights in the materials they create and upload. It is the customer’s sole responsibility to verify the ownership and legal rights to use any intellectual property placed on the platform. Captivate will not be liable for any customers breach of another’s intellectual property rights. 

14. Law and jurisdiction 

14.1- Any disputes concerning these Terms of Use, the relationship between customers, visitors and Captivate or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England and Wales.