Terms of Service

1. Introduction

Lazy Podcaster is a local-first Windows desktop animation application operated by Splainin, LLC, a Wyoming limited liability company ("Lazy Podcaster," "we," "us," or "our"). These Terms of Service ("Terms") govern your use of lazypodcaster.com, software downloads, licensing and update services, plugin catalogue and marketplace services, support features, and optional network-enabled features (collectively, the "Services"). Use of the desktop software itself is also governed by the Lazy Podcaster End User License Agreement ("EULA").

By accessing or using the Services, you agree to these Terms and our Privacy Policy. If you do not agree, do not use the Services. Optional third-party plugins and integrations are additionally governed by the applicable provider's terms.

2. Definitions

As used in these Terms, the following terms have the meanings set forth below:

• "Agreement" or "Terms" means these Terms of Service, together with any policies, guidelines, or addenda incorporated by reference.
• "Services" means the Lazy Podcaster website, downloads, licensing and update endpoints, plugin services, support features, and optional network-enabled features operated by Lazy Podcaster.
• "Software" means the Lazy Podcaster desktop animation application and accompanying components governed by the EULA.
• "User," "you," or "your" means any individual or entity that accesses or uses the Services.
• "License" means the right to use paid Software features on the number of devices or seats stated at purchase.
• "Content" means any text, images, videos, audio, data, links, or other material.
• "User Content" means Content you create locally or explicitly transmit through a network-enabled feature or plugin.
• "Plugin" means an optional Lazy Podcaster extension that may provide effects, assets, publishing, text-to-speech, artificial-intelligence, media, or other capabilities.
• "Third-Party Services" means products, APIs, platforms, accounts, or services not operated by Lazy Podcaster that a Plugin or optional feature may connect to.
• "Intellectual Property Rights" means all patents, copyrights, trademarks, trade secrets, and other proprietary rights recognized under applicable law.
• "Prohibited Content" means Content that violates these Terms, applicable law, or a connected provider's terms.
• "Fees" means charges for a Software License, update entitlement, Plugin, asset, or other purchase from Lazy Podcaster or its merchant of record.

3. Acceptance of Terms

If you are at least eighteen (18), you represent that you have the legal capacity to enter into these Terms. If you are between thirteen (13) and seventeen (17), you may use the Services only with the consent of a parent or legal guardian who agrees to these Terms on your behalf.

You accept these Terms by clicking an acceptance control when presented or by accessing or using the Services. Acceptance of the Software's EULA is handled separately in the Software.

Lazy Podcaster may modify these Terms as described in Section 17. If you do not agree to revised Terms, you must stop using the affected Services before the changes take effect.

4. Licenses and Access

4.1 No Lazy Podcaster Account Required

The core Software stores projects locally and does not require a general Lazy Podcaster user account. Certain purchases, marketplace transactions, support requests, or third-party integrations may require an email address, license key, transaction identifier, or account with the applicable third-party provider.

4.2 License and Credential Security

You are responsible for protecting license keys, purchase records, API keys, access tokens, and third-party credentials under your control. Notify Lazy Podcaster at [email protected] if you believe a Lazy Podcaster license key has been compromised. Third-party credential incidents should also be reported to the applicable provider.

4.3 Device and Seat Limits

A paid License may be activated only on the number of devices or seats stated at purchase. You may not share, resell, duplicate, or circumvent a License except as expressly permitted by the EULA or a written organization agreement.

4.4 Organizations

If you purchase or use Services on behalf of an organization, you represent that you have authority to bind that organization. Organization, campus, district, or enterprise terms may supplement these Terms and the EULA.

4.5 Suspension

Lazy Podcaster may suspend access to licensing, marketplace, update, or support Services when reasonably necessary to address fraud, abuse, security incidents, chargebacks, or violations of these Terms or the EULA.

5. Description of Services

Lazy Podcaster provides a local-first desktop environment for creating whiteboard animations, visual explanations, presentations, and exported media. Projects, imported media, rendering, and exports remain on the User's device unless the User explicitly invokes a network-enabled feature.

The Services also include software downloads, license activation and validation, update entitlement checks, plugin discovery and delivery, optional marketplace transactions, feedback and support, and user-initiated integrations. Plugins may connect to third-party text-to-speech, artificial-intelligence, publishing, media, YouTube, TikTok, and other services.

6. Licensing and Intellectual Property

6.1 User-Directed Transmission

Lazy Podcaster claims no license to Content that remains solely on your device. When you explicitly submit Content through a support, feedback, publishing, AI, text-to-speech, or other network-enabled feature, you grant Lazy Podcaster and the necessary service providers a limited, non-exclusive license to process and transmit that Content solely to perform the requested action, provide support, or comply with law.

6.2 Software License

Your right to install and use the Software is governed by the EULA and the License terms disclosed at purchase. These Terms do not expand or replace that license.

6.3 Lazy Podcaster Intellectual Property

The Software and Services, including their code, interfaces, designs, text, graphics, logos, catalogues, and compilations (excluding User Content), are the property of Splainin, LLC or its licensors and are protected by applicable intellectual property laws. All rights not expressly granted are reserved.

6.4 Trademarks

"Lazy Podcaster," the Lazy Podcaster logo, and all related marks are trademarks of Splainin, LLC. You may not use Lazy Podcaster's trademarks without our prior written consent.

6.5 Copyright Infringement

If you believe material made available by Lazy Podcaster infringes your copyright, send a notice to [email protected] identifying the copyrighted work, the allegedly infringing material and its location, your contact information, your good-faith basis, a statement that the information is accurate, and your physical or electronic signature.

7. Content Ownership and User Content

7.1 Ownership

You retain all ownership rights in your original User Content. Lazy Podcaster does not claim any ownership over User Content.

7.2 Content Responsibility

You are responsible for ensuring that you have the rights and permissions necessary to use, export, publish, or transmit User Content and that your use complies with applicable law and any connected provider's terms.

7.3 Local Content

Lazy Podcaster does not routinely receive, host, review, or moderate projects stored locally on your device. You are responsible for maintaining backups of local projects and media.

7.4 Submitted Content

Lazy Podcaster may reject, remove, quarantine, or stop processing Content explicitly submitted to a LazyPodcaster-operated online feature when reasonably necessary to comply with law, protect security, enforce these Terms, or respond to infringement or abuse.

8. Third-Party Integrations and API Usage

8.1 Optional Plugins

Plugins may connect the Software to third-party services for text-to-speech, artificial intelligence, publishing, media search, storage, or other functions. A Plugin operates only when installed, enabled, or invoked by the User. Plugin-specific disclosures may supplement these Terms.

8.2 User Credentials and Charges

Where required, you provide or authorize your own third-party account, API key, token, or credentials. You are responsible for securing those credentials and for fees, usage limits, subscriptions, and charges imposed by the provider. Such third-party charges are not Lazy Podcaster subscription fees.

8.3 Publishing Platforms

Optional Plugins may publish or transmit User Content to YouTube, TikTok, Meta services, or other platforms at your direction. By using an integration, you agree to the connected platform's current terms, privacy policy, developer rules, content policies, rate limits, and account requirements.

8.4 TTS, AI, and Media Services

When you invoke a text-to-speech, AI, media-search, or similar integration, the text, prompt, search query, media, or other data needed for that request may be sent to the selected provider. The provider's terms and privacy policy govern its processing and retention.

8.5 Availability

Third-party providers may change, limit, suspend, or revoke API access at any time. Lazy Podcaster does not guarantee that a third-party integration will remain continuously available, compatible, or offered.

8.6 Revocation and Data

You may revoke an integration through the Software or the provider where supported. Lazy Podcaster handles data received through third-party APIs according to applicable provider requirements and the Privacy Policy. Data retained directly by a third-party provider remains subject to that provider's controls.

9. Acceptable Use Policy and Prohibited Conduct

You agree that you will not use the Services, directly or indirectly, to:

• Infringe or violate intellectual property, privacy, publicity, contractual, or other legal rights;
• Transmit unlawful, fraudulent, abusive, harassing, threatening, or malicious material;
• Engage in spam, phishing, deceptive practices, unauthorized surveillance, or unlawful data collection;
• Impersonate another person or falsely represent an affiliation;
• Upload, transmit, or distribute malware or harmful code;
• Circumvent licensing, security, authentication, rate limits, API restrictions, or access controls;
• Scrape, crawl, or extract Lazy Podcaster catalogues, assets, or Services at scale without written authorization;
• Violate a connected third-party provider's terms, policies, or developer rules;
• Reverse engineer or extract source code except to the limited extent applicable law expressly permits;
• Resell or sublicense the Services, Software, Licenses, Plugins, or assets without authorization;
• Damage, disable, overburden, or impair Lazy Podcaster or third-party systems.

Lazy Podcaster may investigate suspected violations and may reject requests, suspend affected Services or Licenses, remove submitted Content, preserve evidence, or report unlawful conduct where reasonably appropriate.

10. Purchases, Fees, and Payment

10.1 Software Licenses

Lazy Podcaster may offer free functionality and paid perpetual Software Licenses. A perpetual License does not expire, although access to future Software updates may be limited to the update-entitlement period disclosed at purchase.

10.2 Billing

Purchases may be processed by a merchant of record or marketplace. Prices, taxes, device or seat limits, included updates, and other purchase terms are shown at checkout or on the applicable offer page.

10.3 No Lazy Podcaster Software Subscription

Lazy Podcaster Software Licenses are not monthly or annual subscriptions and do not automatically renew. Optional update extensions, Plugins, assets, or other add-ons may be offered as separate purchases. Third-party services used through Plugins may impose their own subscriptions or usage charges.

10.4 Refund Policy

Refund eligibility is governed by the Lazy Podcaster Refund Policy, the terms shown at purchase, the merchant of record or marketplace policy, and applicable law.

10.5 Price Changes

Lazy Podcaster may change prices for future purchases at any time. A price change does not alter a completed purchase or convert a perpetual License into a subscription.

10.6 Taxes

All Fees are exclusive of applicable taxes unless the merchant of record states otherwise. You are responsible for taxes, levies, or duties imposed in connection with your use of the Services, except where the merchant of record collects and remits them.

11. Privacy and Data Protection

11.1 Privacy Policy

Lazy Podcaster's collection and use of personal information is governed by our Privacy Policy, available at lazypodcaster.com/privacy, which is incorporated into these Terms by reference. By using the Services, you acknowledge the data practices described in the Privacy Policy.

11.2 Third-Party API Data

When you invoke a third-party integration, data required to perform the request may be transmitted to or received from that provider according to the permissions you grant, the Plugin's function, and the provider's policies. Lazy Podcaster does not sell personal or contact information.

11.3 User Consent

You represent and warrant that you have obtained all necessary consents and have complied with applicable data-protection laws for personal data of third parties that you transmit through the Services.

11.4 GDPR and CCPA Compliance

Lazy Podcaster is committed to complying with applicable data protection regulations, including the General Data Protection Regulation (GDPR) and the California Consumer Privacy Act (CCPA). If you are located in the European Economic Area or California, you may have additional rights with respect to your personal data. Please refer to our Privacy Policy for more information.

11.5 Security

Lazy Podcaster implements industry-standard technical and organizational measures to protect your personal data against unauthorized access, alteration, disclosure, or destruction. However, no method of electronic transmission or storage is completely secure, and Lazy Podcaster cannot guarantee absolute security.

11.6 User Rights

Subject to applicable law, you have the right to access, correct, delete, or export your personal data held by Lazy Podcaster. To exercise these rights, please contact us at [email protected].

12. Disclaimers of Warranties

13. Limitation of Liability

13.1 Exclusion of Damages

13.2 Liability Cap

13.3 Third-Party Actions

13.4 Essential Basis

13.5 Exceptions

14. Indemnification

You agree to indemnify, defend, and hold harmless Splainin, LLC, and its officers, directors, employees, agents, affiliates, successors, and assigns (collectively, "Lazy Podcaster Indemnitees") from claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or connected with: (a) your access to or use of the Services; (b) your User Content; (c) your violation of these Terms; (d) your violation of a connected third-party provider's terms or policies; (e) your violation of applicable law; (f) your violation of a third party's rights; or (g) your negligence or willful misconduct.

Lazy Podcaster reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Lazy Podcaster Indemnitees. You agree to cooperate fully with Lazy Podcaster's defense of any such claims.

15. Termination

15.1 Termination by You

You may stop using the Services at any time. You may deactivate a Software installation or uninstall the Software as described in the EULA. Refund eligibility remains governed by Section 10.4.

15.2 Termination by Lazy Podcaster

Lazy Podcaster may suspend or terminate access to affected online Services or revoke a fraudulently obtained or materially breached License when reasonably necessary to enforce these Terms, the EULA, purchase terms, security requirements, or applicable law.

15.3 Suspension

Lazy Podcaster may temporarily suspend licensing, marketplace, update, or support access while investigating suspected fraud, abuse, chargebacks, security incidents, or violations.

15.4 Effect of Termination

Termination of an online Service does not delete projects or media stored locally. The effect on a paid Software License is governed by the EULA and the reason for termination. Outstanding payment obligations and provisions intended to survive remain in effect.

15.5 Surviving Provisions

The following Sections survive termination of these Terms: Definitions (Section 2), Content Ownership (Section 7.1 and 7.2), Disclaimers (Section 12), Limitation of Liability (Section 13), Indemnification (Section 14), Governing Law and Dispute Resolution (Section 16), and General Provisions (Section 18).

16. Governing Law and Dispute Resolution

16.1 Governing Law

These Terms and any dispute arising out of or related to these Terms or the Services shall be governed by and construed in accordance with the laws of the State of Wyoming, without regard to its conflict of law principles. Splainin, LLC is a Wyoming limited liability company.

16.2 Informal Resolution

Before initiating any formal legal proceeding, you and Lazy Podcaster agree to attempt to resolve any dispute informally by notifying the other party in writing. The parties will have thirty (30) days from the date of the notice to attempt informal resolution. Neither party may initiate formal dispute resolution until this period has expired without resolution.

16.3 Binding Arbitration

16.4 Class Action Waiver

16.5 Jury Trial Waiver

16.6 Exceptions

Notwithstanding Section 16.3, either party may seek emergency injunctive or other equitable relief in any court of competent jurisdiction to prevent irreparable harm pending arbitration. Claims involving infringement or misappropriation of Intellectual Property Rights may be brought in court without first engaging in arbitration.

16.7 Venue

For claims not subject to arbitration, or for enforcement of an arbitration award, the parties consent to exclusive jurisdiction and venue in the state and federal courts with jurisdiction over Sheridan County, Wyoming.

17. Modifications to Terms

Lazy Podcaster may modify these Terms. For material changes, Lazy Podcaster will provide at least thirty (30) days' advance notice by in-app notification, email when an address is available, or prominent notice on the Lazy Podcaster website. Non-material changes may take effect upon posting. Continued use of the affected Services after the effective date constitutes acceptance. If you do not agree, stop using the affected Services before the changes take effect. Prior versions are available upon request at [email protected].

18. General Provisions

18.1 Entire Agreement

These Terms, together with the Privacy Policy, EULA, Refund Policy, purchase terms, and any other incorporated agreements or policies, constitute the entire agreement between you and Lazy Podcaster with respect to the Services and supersede prior negotiations, representations, warranties, and understandings on that subject.

18.2 Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, or if it cannot be modified, it will be severed, and the remaining provisions will continue in full force and effect.

18.3 Waiver

No failure or delay by Lazy Podcaster in exercising any right under these Terms will constitute a waiver of that right. No waiver of any breach shall be deemed a waiver of any subsequent breach of the same or any other provision.

18.4 Assignment

You may not assign, delegate, or transfer these Terms or your rights or obligations hereunder without Lazy Podcaster's prior written consent. Lazy Podcaster may assign these Terms in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of Lazy Podcaster's assets without your consent. Any purported assignment in violation of this Section is void.

18.5 Force Majeure

Lazy Podcaster will not be liable for delay or failure caused by circumstances beyond its reasonable control, including natural disasters, acts of God, war, terrorism, civil unrest, governmental actions, power outages, internet or telecommunications failures, or disruptions to third-party APIs or services.

18.6 Relationship of Parties

Nothing in these Terms creates a partnership, joint venture, employment relationship, or agency between you and Lazy Podcaster.

18.7 Notices

Lazy Podcaster may deliver notices by in-app notification, email when an address is available, or posting on lazypodcaster.com. Notices to Lazy Podcaster must be sent to [email protected] or to Splainin, LLC in Sheridan, Wyoming.

18.8 Export Compliance

You represent and warrant that you are not located in, a national or resident of, or under the control of any country subject to a United States government embargo, and that you are not listed on any U.S. government list of prohibited or restricted parties. You agree to comply with all applicable export control and sanctions laws and regulations.

18.9 Anti-Corruption Compliance

You agree that you have not and will not offer, pay, promise, or authorize any payment of money or anything of value to any government official or other person in violation of applicable anti-corruption laws, including the U.S. Foreign Corrupt Practices Act.

18.10 Headings

Section headings in these Terms are for convenience only and have no legal or contractual effect.

18.11 Electronic Records

You agree that these Terms and any notices provided electronically satisfy any legal requirement that such agreements and notices be in writing.

18.12 Feedback

If you provide Lazy Podcaster with ideas, suggestions, feedback, or recommendations regarding the Software or Services ("Feedback"), you grant Lazy Podcaster a perpetual, irrevocable, worldwide, royalty-free license to use, reproduce, disclose, modify, and create derivative works from that Feedback without restriction or compensation.

19. Contact Information