Terms of Service

1. Scope and Provider

These Terms of Service ("Terms") govern the use of the web-based software podsink and all related services ("Service").

The Service is provided by:

Thomas Wiebe
Benediktusplatz 22
52076 Aachen
Germany
Email: hello@podsink.com

By registering an account or using the Service, you agree to these Terms.

2. Service Description

podsink is a browser-based recording tool that allows a host to record audio, video, and screen shares from themselves and invited participants (guests) locally in the browser and upload them to our servers.

2.1. Technical Requirements

Use of the Service requires a stable internet connection and a current web browser. podsink is technically optimized for Chromium-based browsers. We guarantee full functionality and provide support for the latest versions of Google Chrome and Microsoft Edge. Other Chromium-based browsers (such as Brave or Vivaldi) generally work as well, but are not officially tested or supported. Browsers like Safari or Firefox are currently not supported.

2.2. Limits and Automated Termination

The scope of usable functions depends on the chosen plan. To protect server resources, the provider reserves the right to automatically end recordings if the plan's recording limit is exceeded or if no data is uploaded over a longer period (stale recording).

2.3. Service Availability

We strive to keep podsink up and running smoothly so you can focus on your conversation. However, we cannot guarantee 100% uninterrupted availability or error-free operation. Temporary downtimes may occur due to maintenance, updates, or technical issues beyond our control.

3. Registration and Accounts

3.1. Eligibility

Anyone using the Service as a host must have full legal capacity and be at least 18 years of age. Where a legal entity concludes the contract, this applies to the individuals acting for it.

3.2. Host Accounts

Creating recording sessions requires account registration. Login is passwordless (e.g., via magic link or passkey). The user is responsible for the security of their email account and devices used for authentication.

3.3. Guests

Participants invited by a host do not need their own account. The host is responsible for ensuring that their guests comply with these Terms.

4. Payment Processing and Plans

4.1. Paddle as Contractual Partner

If you order a paid plan through the checkout on our website, we use Paddle.com Market Limited ("Paddle") as a reseller and Merchant of Record. The purchase contract is then legally concluded with Paddle. Paddle handles payment processing, invoicing, and tax collection. The Paddle Checkout Terms apply.

4.2. Plans and Billing

For orders placed through our checkout, specific prices, performance scopes, and terms are derived from the current price and service description on our website and in the checkout at the time the contract is concluded.

4.3. Direct Purchase

Traders within the meaning of Sec. 14 of the German Civil Code (BGB), public authorities, and other legal entities can obtain the service directly from us on request. Both the purchase contract and the usage contract are then concluded with us, and we issue the invoice ourselves; Paddle is not involved. Price, term, payment period, and notice period follow from the respective offer, which takes precedence over these Terms. A concluded data processing agreement takes precedence over both, as far as it concerns the processing of personal data on our behalf. As a small business under Sec. 19 of the German VAT Act (UStG), we do not charge VAT. Direct purchase is not available to consumers within the meaning of Sec. 13 of the German Civil Code (BGB).

5. Right of Withdrawal for Consumers

If you are a consumer within the meaning of Sec. 13 of the German Civil Code (BGB), you have a statutory right of withdrawal when purchasing a paid subscription.

A right of withdrawal exists only for consumers, and direct purchase under section 4.3 is not available to consumers, so this section applies only to orders placed through our checkout. Since the purchase contract is concluded there with Paddle as the Merchant of Record (see section 4.1), you exercise your right of withdrawal against Paddle. The details, in particular the deadline, form, and consequences of a withdrawal, are set out in the Paddle Checkout Terms shown during the order process. You can contact Paddle directly, or email us at hello@podsink.com and we'll forward your request to Paddle.

See our Withdrawal & Refunds page for more.

6. User Content and Rights

You retain all rights to the data ("User Content") that you and your guests record with podsink. You grant us a license, limited to the fulfillment of the contract, to store and process your user content (e.g., to provide the download).

7. Acceptable Use

It is prohibited to use the Service for unlawful purposes or to record content that is illegal, defamatory, or violates the rights of third parties. The technical infrastructure must not be disproportionately burdened.

8. Privacy and Data Retention

8.1. Data Protection

Information regarding the processing of personal data can be found in our separate Privacy Policy.

If you use podsink commercially to record other people, we will enter into a data processing agreement under Art. 28 GDPR with you. If you object to a change of sub-processor on an important data protection ground, in text form and with reasons (Sec. 7(3) of that agreement), and the objection does not lead to an agreed solution, you may end the processing immediately; we then stop it and you can download your recordings. Your plan is unaffected and keeps running; no claim to repayment of fees already paid arises from this. If we go ahead with the change anyway, or keep a change we already made in place, you may terminate the contract with effect from the changeover; an agreed fixed term does not stand in the way. We refund the share of any fee paid in advance that covers the time after that; where payment ran through the merchant of record, we arrange the refund there. If you keep using the Service after the changeover, that counts as your consent to the new sub-processor for the time until the contract ends. Either of us may also terminate on three months' notice to the end of a month; an agreed fixed term does not stand in the way, and we refund the share of any fee paid in advance that covers the time after that. Your statutory rights, in particular the right of withdrawal under section 5 of these Terms, remain unaffected.

8.2. Storage and Deletion

• Recording Data: All audio, video, and chat data of a session are automatically and irrevocably deleted from our servers once the plan-specific retention period has passed; unless agreed otherwise, that period is 3 days on Free and 7 days on Pro and Max, counted from the end of the session. The plan a session ends on is the one that counts: moving down later does not shorten the window of sessions that have already ended, and moving up extends it. The user is solely responsible for downloading the data in time. We send a reminder by email before the window closes. That is an additional service you have no claim to: if the reminder does not go out or does not reach you, the retention period is not extended.
• Log Data: Login sessions expire after 30 days at the latest and are removed. Server logs are deleted after a maximum of 90 days.

9. Warranty and Liability

We are liable without limitation for damages resulting from injury to life, body, or health, as well as for damages based on intent or gross negligence.

In the case of slight negligence, we are only liable for the breach of essential contractual obligations. In these cases, our liability is limited to the foreseeable damage typical for this type of contract. Liability under the preceding paragraph and under the German Product Liability Act remains unaffected.

We are liable for lost data under the preceding paragraphs. In assessing the damage, it counts that the recording is available for download throughout your plan's retention window; if you fail to make a reasonable and timely download, that is contributory negligence under Sec. 254 of the German Civil Code (BGB).

10. Term, Termination, and Account Deletion

Subscriptions taken out through our checkout can be canceled at any time in your account settings, via the customer portal, or without signing in via our cancellation page, effective at the end of the respective billing period. After a subscription ends, your account continues on the Free plan; a free recording allowance that has already been used up is not renewed. For a direct purchase under section 4.3, the term and notice period agreed in the offer apply; send your cancellation in text form to hello@podsink.com.

You can have your account deleted at any time by contacting us at hello@podsink.com. Deletion removes your account, your sessions, and your recording data; the details are governed by the Privacy Policy. An active subscription ends at the end of the current billing period.

We may suspend your account or terminate the usage contract for cause if you seriously or repeatedly violate these Terms, in particular section 7. Where reasonable, we will issue a warning first.

Independently of that, either side may terminate on three months' notice to the end of a month where your objection to a change of sub-processor under section 8.1 did not lead to an agreed solution (Sec. 7(4) of the data processing agreement); an agreed fixed term does not stand in the way. Any fee paid in advance is then refunded pro rata under section 8.1.

11. Changes to These Terms

We may amend these Terms with effect for the future if the legal situation or case law changes, if we change or add features of the Service, or if a gap in these Terms needs to be closed. We will notify you of changes by email at least six weeks before they take effect. Changes that are purely to your benefit or purely editorial may take effect without that notice period; where a change has to take effect sooner for compelling legal reasons, we will tell you as early as we can. If you do not agree with a change, you can terminate the contract before it takes effect. Changes that would materially shift the balance of performance and consideration to your disadvantage will only be made with your express consent.

12. Final Provisions

The law of the Federal Republic of Germany applies. If you are a consumer, this choice of law only applies to the extent that it does not deprive you of the protection of mandatory provisions of the state in which you habitually reside. The place of jurisdiction for merchants is Aachen, Germany.

Should individual provisions of these Terms be or become invalid, the validity of the remaining provisions remains unaffected.