Podqi Terms of Service

Effective Date: October 14, 2026 | Version 2.0 (Website Only)

Important Notice Please read these terms carefully. By accessing or using the podqi.com website, you agree to be bound by these terms. If you do not agree, do not use the website. These terms apply only to the public website. They do not govern the use of Brandsweep™️ or any other Podqi product or service, which are governed by separate written agreements (see Section 2). Nothing in these terms affects any mandatory legal rights you may have as a consumer in the European Union or the United Kingdom (see Section 17).

1. Introduction and Scope

These Website Terms of Service (“Terms”) govern your access to and use of the website located at podqi.com, including its subdomains, pages, content, and features (the “Website”). The Website is operated by Podqi, Inc., a Delaware corporation with its principal place of business at 2181 Greenwich St., San Francisco, CA 94104, USA (“Podqi,” “we,” “us,” or “our”).

“You” means any person who accesses or uses the Website, including a person acting on behalf of a company or other organization. These Terms are intended for visitors in the United States (“US”), the European Union (“EU”), and the United Kingdom (“UK”), and additional provisions for those regions appear in Sections 17 and 18.

2. Website Only; Separate Agreements for Brandsweep™️ and Other Services

2.1 Website only. These Terms apply solely to the Website. They do not apply to, and do not create any rights or obligations with respect to, Brandsweep™️ or any other Podqi platform, software, or professional services (together, the “Services”), including Service accounts, dashboards, monitoring, takedown and enforcement activity, evidence packages, analytics, and integrations.

2.2 Services governed separately. The Services are provided only under a separate written agreement between Podqi and the customer (such as an Order Form, Master Services Agreement, or Services-specific terms) and, where applicable, a Data Processing Agreement. If you are a Podqi customer or authorized user of the Services, that agreement, and not these Terms, governs your use of the Services. These Terms govern only your use of the public Website. Nothing in these Terms modifies, supplements, or supersedes any agreement for the Services.

2.3 No offer. Information on the Website about the Services is provided for general information only. It is not an offer, does not create a contract, and is subject to the terms of any signed agreement. Features, availability, and pricing may change and may vary by customer, region, or platform.

3. Eligibility and Use of the Website

The Website is intended for business and professional visitors and is not directed to children. You must be at least 18 years old (or the age of majority in your jurisdiction, if higher) to use the Website. If you use the Website on behalf of an organization, you represent that you have authority to bind that organization to these Terms.

You may not use the Website if you are located in a country or territory subject to a comprehensive US embargo or sanctions program, or if you appear on any US, EU, or UK list of prohibited or restricted parties. You agree to comply with all export control and sanctions laws that apply to your use of the Website.

4. Acceptable Use

You agree to use the Website only for lawful purposes and in accordance with these Terms. You will not:

Use the Website in violation of any applicable law or regulation, or to infringe or violate the rights of others, including intellectual property, privacy, and publicity rights
Interfere with, disrupt, overload, or impair the Website or its servers or networks, or circumvent, disable, or probe any security, authentication, or access-control measure
Gain or attempt to gain unauthorized access to the Website, other accounts, or any systems or networks connected to the Website
Use any robot, spider, crawler, scraper, or other automated means to access, copy, or extract Website content or data, except for standard search-engine indexing consistent with our robots.txt file or as we expressly permit in writing
Reverse engineer, decompile, or disassemble any software or code made available through the Website, except to the extent applicable law expressly permits despite this restriction
Introduce any virus, malware, or other harmful or disruptive code
Use Website content, or any information obtained from the Website, to develop, train, or improve any competing product or any artificial intelligence or machine-learning model without our prior written permission
Impersonate any person or entity, or misrepresent your identity, authority, or affiliation
Submit through the Website any information that is false, misleading, defamatory, unlawful, or that you do not have the right to submit

We expressly reserve all rights in the Website content, including any right to opt out of text and data mining under Article 4 of Directive (EU) 2019/790 and equivalent laws, to the fullest extent permitted by law.

5. Intellectual Property

5.1 Ownership

The Website and all content, text, graphics, logos, images, video, software, data compilations, design, and look and feel (“Website Content”) are owned by Podqi or its licensors and are protected by copyright, trademark, database, trade secret, and other intellectual property laws. Except for the limited license in Section 5.2, no rights are granted to you, by implication, estoppel, or otherwise. Podqi retains all right, title, and interest in the Website, its underlying technology, AI models, algorithms, and databases.

5.2 Limited License

Subject to these Terms, Podqi grants you a limited, non-exclusive, non-transferable, revocable license to access and view the Website and to download or print copies of publicly available Website Content for your internal, non-commercial informational purposes (including evaluating Podqi and its Services). You must keep all copyright and proprietary notices intact and may not modify, distribute, publicly display, or create derivative works from Website Content without our prior written consent.

5.3 Trademarks

“Podqi,” “Brandsweep™️,” and associated names and logos are trademarks or service marks of Podqi, Inc. All other names and marks on the Website belong to their respective owners. You may not use any Podqi mark without our prior written permission.

5.4 Feedback

If you voluntarily send us comments, suggestions, or ideas about the Website or the Services (“Feedback”), you grant Podqi a perpetual, irrevocable, worldwide, royalty-free, transferable, and sublicensable license to use, modify, and commercialize that Feedback for any purpose without restriction, attribution, or compensation to you, to the extent permitted by law. We are under no obligation to use Feedback. Please do not include confidential information or unnecessary personal data in Feedback.

6. Information You Submit Through the Website

The Website may allow you to submit information through contact forms, demo or meeting requests, newsletter sign-ups, or similar features (“Submissions”). You agree that your Submissions are accurate and that you have the right to submit them. Please do not submit confidential or trade-secret information, sensitive personal information, or details of specific enforcement matters through Website forms.

Unless we have signed a written confidentiality agreement with you, Submissions are not confidential. Our handling of personal data in Submissions is described in our Privacy Policy. Submitting a request does not create a customer relationship and does not obligate Podqi to respond or to provide any Services.

7. No Professional Advice; Informational Content

Website Content, including blog posts, guides, statistics, and descriptions of intellectual property monitoring and enforcement, is general information only. It is not legal, financial, or other professional advice. Podqi is not a law firm, and use of the Website does not create an attorney-client relationship. Intellectual property and takedown laws vary by jurisdiction and change over time, so you should consult qualified counsel about your specific situation.

Descriptions of the Services, including coverage, platform counts, and capabilities, are accurate as of the date published and may change. Nothing on the Website guarantees any particular detection, takedown, enforcement, or recovery outcome, which depend on third-party platforms and legal standards outside our control.

8. Third-Party Websites and Content

The Website may link to or integrate third-party websites, tools, or content (including social media features and scheduling tools) that Podqi does not own or control. We do not endorse and are not responsible for third-party sites or content, and your use of them is governed by their own terms and policies. A link does not imply any affiliation with or endorsement by Podqi.

9. Privacy and Cookies

Our collection and use of personal data through the Website is described in our Privacy Policy (podqi.com/privacy). By using the Website you acknowledge that you have read the Privacy Policy; this acknowledgment is not consent where applicable law requires consent for specific processing, which we will request separately.

We use cookies and similar technologies as described in our Cookie Policy [podqi.com/cookies]. Where required by law in the EU and UK, we place non-essential cookies only with your consent, which you may manage or withdraw at any time through our cookie settings.

The Privacy Policy and this Section apply to personal data collected through the Website. Podqi’s processing of personal data on behalf of customers in connection with the Services is governed by the applicable Services agreement and Data Processing Agreement.

10. Copyright and Intellectual Property Complaints

Podqi respects the intellectual property rights of others. If you believe that material on the Website infringes your copyright, please send a written notice to contact@podqi.com containing: (a) your physical or electronic signature; (b) identification of the copyrighted work claimed to be infringed; (c) identification of the allegedly infringing material and its location on the Website (such as a URL); (d) your name, address, telephone number, and email address; (e) a statement that you have a good-faith belief that the use is not authorized by the rights holder, its agent, or the law; and (f) a statement that the information in the notice is accurate and, under penalty of perjury, that you are authorized to act on behalf of the rights holder (17 U.S.C. § 512(c)(3)).

If material is removed and you believe the removal was a mistake or misidentification, you may submit a counter-notice meeting the requirements of 17 U.S.C. § 512(g)(3) to the same address. Knowingly making a material misrepresentation in a notice or counter-notice may result in liability under 17 U.S.C. § 512(f). In appropriate circumstances we will terminate access of repeat infringers. Complaints concerning other intellectual property rights, or rights under non-US law, may be sent to the same address and will be handled in accordance with applicable law.

This Section applies only to material on the Website. Takedown notices that Podqi customers submit to third-party platforms through the Services are governed by the applicable Services agreement and not by these Terms.

11. Suspension, Termination, and Changes to the Website

We may modify, suspend, or discontinue all or part of the Website at any time. We may also restrict or terminate your access to the Website if you breach these Terms, if we reasonably believe your use creates legal, security, or operational risk, or as required by law. Where reasonably practicable and appropriate, we will give you notice. You may stop using the Website at any time. Sections that by their nature should survive termination will survive, as described in Section 19.8.

12. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE AND ALL WEBSITE CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. PODQI DOES NOT WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THAT THE WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT WEBSITE CONTENT IS ACCURATE, COMPLETE, OR CURRENT.

Some jurisdictions do not allow the exclusion of certain warranties. Nothing in this Section affects any statutory right that cannot lawfully be excluded, including the consumer rights described in Section 17.

13. Limitation of Liability

13.1 Excluded damages. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PODQI AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATING TO THE WEBSITE OR THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

13.2 Cap. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PODQI’S TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE WEBSITE OR THESE TERMS WILL NOT EXCEED US$100. THE WEBSITE IS PROVIDED FREE OF CHARGE, AND THIS LIMIT REFLECTS THAT ALLOCATION OF RISK.

13.3 What is not limited. Nothing in these Terms excludes or limits liability for: (a) death or personal injury caused by negligence; (b) fraud or fraudulent misrepresentation; (c) gross negligence or willful misconduct; or (d) any other liability that cannot be excluded or limited under applicable law, including mandatory consumer protection law in the EU and UK.

13.4 Services excluded. This Section applies to the Website only. Liability relating to the Services is governed exclusively by the applicable Services agreement.

14. Indemnification (Business Users)

If you use the Website for business purposes or on behalf of an organization, you will, to the extent permitted by law, defend and indemnify Podqi and its affiliates, officers, directors, employees, and agents against third-party claims, and resulting damages, liabilities, and reasonable costs (including attorneys’ fees), arising from your breach of Section 4, your Submissions, or your violation of applicable law in connection with the Website. This Section does not apply to consumers.

15. Governing Law and Dispute Resolution

15.1 Informal Resolution

Before starting formal proceedings, each party will try to resolve a dispute informally by sending written notice describing the dispute (to contact@podqi.com for notices to Podqi) and negotiating in good faith for thirty (30) days. This does not prevent either party from seeking urgent injunctive or other interim relief or prevent a consumer from exercising statutory rights.

15.2 Governing Law and Venue (All Users Other Than EU and UK Consumers)

These Terms and any dispute arising out of or relating to them or the Website are governed by the laws of the State of California, USA, without regard to conflict-of-laws principles. The state and federal courts located in San Francisco County, California have exclusive jurisdiction over any such dispute, and each party consents to their personal jurisdiction and venue. Podqi may seek injunctive relief to protect its intellectual property or confidential information in any court of competent jurisdiction.

15.3 EU and UK Consumers

If you are a consumer (an individual acting wholly or mainly outside your trade, business, craft, or profession) habitually resident in the EU or UK, you keep the protection of the mandatory consumer laws of your country of residence. California law applies to these Terms only to the extent it does not deprive you of that protection. You may bring proceedings in the courts of your country of residence (in the UK, the courts of England and Wales, Scotland, or Northern Ireland, as applicable), and any proceedings we bring against you will be brought only in those courts.

16. Changes to These Terms

We may update these Terms from time to time. The updated Terms will be posted on the Website with a new Effective Date. For material changes we will provide additional notice, such as a prominent notice on the Website or, where we hold your contact details and the law permits, by email. Changes apply prospectively, and your continued use of the Website after the effective date means you accept the updated Terms. If you do not agree, you must stop using the Website.

For EU and UK consumers, we will change these Terms only for a valid reason, such as a change in law or regulation, security or technical requirements, or a change in how the Website operates, and changes will not affect rights that have already accrued.

17. Additional Provisions for Visitors in the EU and UK

17.1 Consumer Rights

These Terms do not affect any statutory rights you have as a consumer under EU or Member State law or under UK law, including the Consumer Rights Act 2015, that cannot be excluded or limited by agreement. If any provision of these Terms is unenforceable against you as a consumer under applicable law, it will not apply to you and the remaining provisions will continue to apply.

17.2 Data Protection

Podqi is the controller of personal data collected through the Website. Our Privacy Policy explains what we collect, our legal bases, how we share and transfer data internationally (including to the United States, with appropriate safeguards), how long we keep it, and your rights under the GDPR and the UK GDPR, including rights of access, rectification, erasure, restriction, portability, and objection, and the right to withdraw consent. You may complain to your local supervisory authority or, in the UK, the Information Commissioner’s Office.

17.3 Provider Information and Contact Points

Podqi, Inc., 2181 Greenwich St., San Francisco, CA 94104, USA. Email: contact@podqi.com.

To the extent the EU Digital Services Act applies to the Website, this email address is our single point of contact for authorities and for recipients of the service.

18. Additional Provisions for Visitors in the US

18.1 State Privacy Rights

Residents of California and other US states with comprehensive privacy laws may have additional rights regarding their personal data, which are described in our Privacy Policy.

18.2 Children

The Website is not directed to children under 13 (or under 16 where applicable law so provides), and we do not knowingly collect their personal information. If you believe a child has provided personal information through the Website, please contact contact@podqi.com.

18.3 California Notice

Under California Civil Code § 1789.3, California users are entitled to the following notice: the Website is provided by Podqi, Inc., 2181 Greenwich St., San Francisco, CA 94104, admin@podqi.com. Complaints may be directed to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs, 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.

19. General Provisions

19.1 Entire agreement. These Terms, together with the Privacy Policy and Cookie Policy, are the entire agreement between you and Podqi regarding the Website and supersede prior understandings about the Website. They do not replace or amend any agreement for the Services.

19.2 Assignment. You may not assign or transfer these Terms without our prior written consent. Podqi may assign these Terms in connection with a merger, acquisition, or sale of assets, or otherwise, provided that doing so does not reduce any mandatory protections you have as a consumer.

19.3 Severability. If any provision is found unenforceable, it will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will remain in full force.

19.4 Waiver. No failure or delay in exercising a right under these Terms is a waiver of that right.

19.5 Third-party rights. Except for Podqi’s affiliates and personnel protected under Sections 13 and 14, no person who is not a party to these Terms has any right to enforce them, including under the UK Contracts (Rights of Third Parties) Act 1999.

19.6 Events beyond our control. Podqi is not liable for any failure or delay in operating the Website caused by events beyond its reasonable control, including internet or telecommunications outages, hosting or third-party service failures, cyberattacks, natural disasters, war, terrorism, or government action.

19.7 Electronic communications and notices. You consent to receive notices from us electronically, including by posting on the Website. Legal notices to Podqi must be in writing and sent to contact@podqi.com or to Podqi, Inc., 2181 Greenwich St., San Francisco, CA 94104, USA.

19.8 Survival. Sections 4, 5, 6, 7, 12, 13, 14, 15, and 19, and any other provisions that by their nature should survive, will survive any termination of your access to the Website.