Terms of Service

1. Acceptance of Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you and Gorilla AI LLC ("PodGorilla," "we," "us," or "our"), governing your access to and use of the PodGorilla website at podgorilla.com and AI podcast creation platform (collectively, the "Service").

By creating an account, accessing, or using the Service in any way, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you are using the Service on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.

If you do not agree to these Terms, you must not access or use the Service.

2. Service Description

PodGorilla is an AI-powered podcast creation platform that enables users to generate professional-quality audio and video podcast content from topics, URLs, PDFs, and other content inputs. The Service includes AI script generation, professional voice synthesis, video podcast creation, and publishing and distribution features.

We reserve the right to modify, suspend, or discontinue the Service (or any part thereof) at any time, with or without notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuation of the Service.

3. Account Registration

To access certain features of the Service, you must register for an account. When registering, you agree to:

• Provide accurate, current, and complete information;
• Maintain and promptly update your account information;
• Keep your password secure and confidential;
• Accept responsibility for all activity that occurs under your account;
• Notify us immediately at support@podgorilla.co of any unauthorized use of your account.

You must be at least 18 years of age to create an account and use the Service. By registering, you represent that you meet this age requirement.

4. Subscriptions, Billing & Trial

4.1 Trial Period

We offer a paid trial for $1 for your first 7 days. After the trial period ends, your account will automatically transition to the subscription plan you selected at sign-up, and you will be billed the applicable recurring fee unless you cancel before the trial ends.

4.2 Subscriptions

Paid subscriptions are billed on a recurring basis (monthly or annually, as selected). Subscription fees are charged in advance. All fees are stated in US Dollars and are non-refundable except as described in our Refund Policy.

4.3 Automatic Renewal

Your subscription will automatically renew at the end of each billing period unless you cancel it before the renewal date. You authorize us to charge the applicable subscription fee to your payment method on file at the start of each renewal period.

4.4 Price Changes

We reserve the right to change our subscription fees. We will provide at least 30 days' advance notice of any price increase via email. Your continued use of the Service after the effective date of a price change constitutes your agreement to pay the updated fee.

4.5 Cancellation

You may cancel your subscription at any time from your account settings or by contacting support. Cancellation takes effect at the end of your current billing period. You retain access to the Service until the end of the paid period.

5. Acceptable Use Policy

You agree not to use the Service to:

• Generate content that is illegal, defamatory, obscene, harassing, threatening, or that infringes any third-party rights;
• Create content that impersonates any person or entity, or that misrepresents your affiliation with a person or entity;
• Generate misinformation, disinformation, or deliberately false content intended to deceive;
• Reproduce copyrighted material without authorization;
• Create synthetic media to harass, manipulate, or harm specific real individuals;
• Generate spam, unsolicited advertising, or mass commercial communications;
• Use the Service in any manner that could overburden, disable, or impair the Service's infrastructure;
• Attempt to gain unauthorized access to any part of the Service, other accounts, or any systems connected to the Service;
• Use automated scripts, bots, or scrapers to access the Service in ways not intended by us;
• Resell, sublicense, or otherwise commercially exploit the Service without our express written permission.

We reserve the right to suspend or terminate any account that violates this Acceptable Use Policy, at our sole discretion, without notice or refund.

6. Your Content & License

6.1 Ownership

You retain all ownership rights in the content you input into the Service ("Input Content") and in the podcast content generated by the Service based on your inputs ("Output Content"), subject to these Terms.

6.2 License to Us

By submitting Input Content, you grant PodGorilla a non-exclusive, worldwide, royalty-free license to use, process, reproduce, and store that content solely for the purpose of providing the Service to you, improving our AI models (using de-identified data), and as otherwise described in our Privacy Policy.

6.3 Your Representations

You represent and warrant that: (a) you own or have the right to use all Input Content; (b) your Input Content does not infringe any third-party intellectual property, privacy, or other rights; and (c) your use of the Service and any Output Content complies with all applicable laws.

6.4 Voice Cloning

If you use the voice cloning feature, you represent that you have the legal right to clone the voice(s) submitted (i.e., your own voice, or voices for which you have explicit written consent). You are solely responsible for ensuring compliance with applicable laws regarding voice synthesis and AI-generated audio.

7. Intellectual Property

The Service, including its software, AI models, design, text, graphics, and other content created by PodGorilla (excluding Your Content), is owned by Gorilla AI LLC and its licensors and is protected by copyright, trademark, and other intellectual property laws.

You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your personal or business use, subject to these Terms. This license does not include the right to: (a) copy, modify, or create derivative works of the Service; (b) reverse engineer or decompile any part of the Service; (c) remove any proprietary notices from the Service.

The "PodGorilla" name, logo, and product names are trademarks of Gorilla AI LLC. You may not use our trademarks without our prior written permission.

8. Third-Party Services

The Service integrates with third-party services including but not limited to Spotify, Apple Podcasts, YouTube, TikTok, ElevenLabs, and payment processors. Your use of these third-party services is subject to their respective terms of service and privacy policies. We are not responsible for the availability, accuracy, or content of third-party services.

When you authorize PodGorilla to publish content to third-party platforms on your behalf, you authorize us to act as your agent for that limited purpose and agree to comply with those platforms' content policies.

9. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT.

WE DO NOT WARRANT THAT: (A) THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; (B) DEFECTS WILL BE CORRECTED; (C) THE SERVICE OR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) AI-GENERATED CONTENT WILL BE ACCURATE, COMPLETE, OR SUITABLE FOR ANY PARTICULAR PURPOSE.

You acknowledge that AI-generated content may contain inaccuracies, and you are solely responsible for reviewing and verifying any Output Content before publication.

10. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, GORILLA AI LLC AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING FROM:

• Your access to or use of (or inability to access or use) the Service;
• Any conduct or content of any third party on the Service;
• Unauthorized access to or alteration of your transmissions or data;
• Any other matter relating to the Service.

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SERVICE EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID TO US IN THE 12 MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED US DOLLARS ($100).

11. Indemnification

You agree to indemnify, defend, and hold harmless Gorilla AI LLC and its officers, directors, employees, contractors, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or related to: (a) your use of the Service; (b) your Input Content or Output Content; (c) your violation of these Terms; (d) your violation of any third-party rights; or (e) your violation of applicable law.

12. Termination

We reserve the right to suspend or terminate your account and access to the Service at any time, with or without cause or notice, including for violation of these Terms or our Acceptable Use Policy.

You may terminate your account at any time by canceling your subscription and contacting us at support@podgorilla.co.

Upon termination: (a) your right to use the Service immediately ceases; (b) we may delete your account data in accordance with our Privacy Policy; and (c) provisions that by their nature should survive termination (including limitations of liability, indemnification, and governing law) shall survive.

13. Governing Law & Dispute Resolution

These Terms shall be governed by the laws of the State of Delaware, without regard to its conflict of law provisions. Any dispute arising from or relating to these Terms or the Service shall be subject to the exclusive jurisdiction of the state and federal courts located in Delaware.

Before filing any legal action, you agree to contact us at support@podgorilla.co to attempt to resolve the dispute informally for at least 30 days.

Class Action Waiver: You agree that any dispute resolution proceedings will be conducted on an individual basis only, and not in a class, consolidated, or representative action.

14. Changes to These Terms

We reserve the right to modify these Terms at any time. We will provide notice of material changes by posting an updated version on this page with a new "Last Updated" date, and where appropriate, by sending you an email notification.

Your continued use of the Service after the effective date of revised Terms constitutes your acceptance of the changes. If you do not agree to the updated Terms, you must stop using the Service and cancel your subscription.

15. Contact Us

If you have questions about these Terms, please contact: