Last Modified: May 6, 2025
Acknowledgement
These Terms and Conditions (also "Terms") constitute a legal agreement between you and Podcastle Inc., ("our" "us" "Company" "Podcastle"). These Terms and Conditions govern your access to and use of the Async API services available at https://async.ai and any and all of our products and services ("Services").
Product Description
Async is an API platform for developers and businesses that provides AI-powered audio content creation, manipulation and enhancement capabilities with the following features:
Text-to-Speech: Convert text to natural-sounding speech using our proprietary AI models with multiple voice options
Magic Dust: Professional noise cancellation and audio enhancement tool that applies AI compression, dynamic equalization, and noise cancellation to achieve professionally post-processed audio
Voice Cloning: Create custom voice models based on voice samples to generate speech in specific voices
Other audio processing capabilities as described in our API documentation
API Key means a unique authentication credential created for You to access our Service.
Account means a unique account created for You to access our Service or parts of our Service.
Enterprise Account means an account and type of paid subscription, which provides businesses with advanced features, customized usage limits, and dedicated support options.
These Terms and Conditions set out the rights and obligations of all users: developers, businesses, and account holders. Please read these Terms carefully. By accessing and using our Services you agree to be bound by our Terms and Privacy Policy, as updated from time to time. If you disagree with any of these Terms, do not access or use any of our Services.
YOU REPRESENT THAT YOU ARE OVER THE AGE OF 18. THE USE OF OUR SERVICES IS STRICTLY FOR INDIVIDUALS AND BUSINESSES THAT CAN FORM LEGALLY BINDING CONTRACTS UNDER APPLICABLE LAW.
Your access and use of the Services are also conditioned on your acceptance of and compliance with our Privacy Policy. Our Privacy Policy describes our policies and procedures on the collection, use and disclosure of your personal information when you use our Services and tells you about your privacy rights. These Terms and Conditions together with our Privacy Policy apply to all Services provided to you by the Company and/or any of our affiliates and govern your access to and use of our Services. Please read our Privacy Policy here carefully before using our Service.
Subscriptions
Subscription Plans
The Services or some parts of the Services are available only with a paid Subscription. For more details on Subscription, please visit here.
Our standard subscription operates on a "pay as you go" model. Your account will be charged when your usage reaches a predetermined threshold, at which point your usage counter will be reset. Regardless of whether you reach this threshold, at the end of each calendar month, your account will be charged for any accumulated usage below the threshold. This ensures you only pay for what you use.
For Enterprise accounts, these subscription terms can be customized based on your specific needs and usage patterns. Custom thresholds, billing cycles, and usage commitments may be negotiated as part of an Enterprise agreement.
When your Subscription ends or is terminated, you will lose access to the Services, however you may continue using our Services that are available through our free tier, if applicable.
API Usage and Rate Limits
Your use of the API is subject to rate limits and other usage restrictions as specified in your plan. We reserve the right to monitor your usage and enforce these limitations. Exceeding your plan's limits may result in temporary suspension of service, additional charges, or both.
The Company may modify, update, or discontinue any aspect of the API at any time. While we will make reasonable efforts to provide advance notice of material changes, we reserve the right to make changes without notice when necessary.
Enterprise Accounts
Enterprise Account Subscriptions are designed for businesses requiring higher API usage limits, additional features, and dedicated support. Enterprise Account terms are typically one year and may include usage commitments, custom billing cycles, and specialized pricing.
Cancellations
Standard Accounts: For standard "pay as you go" accounts, you may cancel your Subscription at any time through your account settings or by contacting the Company. Upon cancellation, your account will immediately be downgraded to the free tier with corresponding usage limitations. You will be charged for any usage accrued up to the point of cancellation that has not yet been billed.
Enterprise Accounts: For Enterprise Accounts with committed terms, you may cancel according to the terms of your Enterprise agreement. Unless otherwise specified in your agreement, your access will continue until the end of your paid term, at which point your account will be downgraded to the free tier.
No Refunds: Please note that cancellation does not result in a refund for any previously processed charges or for usage already incurred. For full details, please refer to the Refund section.
Billing
The Company shall charge you via Stripe platform, which will request you to provide them with accurate and complete billing information including full name, address, state, zip code, telephone number, and valid payment method information. Please note that this information is out of Company's reach.
Under the "pay as you go" model, charges will be processed when:
Your usage reaches your account's predetermined threshold
At the end of each calendar month for any usage that hasn't reached the threshold
At the time of cancellation for any unbilled usage
Should automatic billing fail to occur for any reason, the Company will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.
You are solely responsible for ensuring that your billing information is correct to prevent cancellation of your subscription. If we cannot charge your payment method for any reason (such as expiration or insufficient funds), you remain responsible for any uncollected amounts, and we will attempt to charge the payment method as you may update your payment method information. We reserve the right to suspend your access to the Services if we are unable to successfully charge your payment method.
Subscription Changes
We reserve the right to change, modify or vary the price, thresholds, usage rates, and features of the Subscription plans that we make available from time to time. Any changes to pricing or usage rates will apply to future usage only and will not be applied retroactively to usage that has already occurred.
If we change or modify the price and package of such Subscription plans, we will provide you with advanced notice of the applicable changes or modifications. Your continued use of the Service after the Subscription plans changes come into effect constitutes Your agreement to them.
Refunds
Free Tier
We offer a free tier with limited usage so you can explore our services at no cost. Usage beyond free tier limits will require a paid subscription.
Pre-Charge Notifications
To ensure transparency, we may send email notifications before significant usage charges are processed or when you are approaching your usage threshold. This gives you the opportunity to review your usage and make any necessary changes and/or contact our Customer Success team at support@async.ai.
Refund Policy
We do not offer refunds for usage charges that have already been processed. Users are responsible for managing their API usage and monitoring their consumption.
Please note:
Charges for usage already incurred are non-refundable.
We do not provide prorated refunds for partially used services.
For help managing your account and monitoring usage, please reach out to our Customer Success team.
At any time and without notice, the Company reserves the right to (i) modify the terms and conditions of the free tier, or (ii) cancel or modify such free tier offer.
Promotions and Discounts
Any contests, sweepstakes or other promotions or discounts ("Promotions") made available through the Service will be governed by rules that are separate from these Terms.
If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms, the Promotion rules will apply.
User Accounts
When you create and register an account with us, you must provide us with information that is accurate, complete, and current at all times. If you provide any registration information that is untrue, inaccurate, not current or incomplete, the Company has the right to limit, suspend or terminate your account and your access to the Services (or any portion thereof).
You may not use as a username the name of another person or entity or one that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
As part of our service to you, we may send various notifications, notices and newsletters on the email you have provided to us, however, if at any time you no longer want to see any of those emails, you may easily unsubscribe by making just one click through a link provided in our email.
You are responsible for safeguarding your account information including your username, password, and API keys, which should be kept strictly confidential. You agree not to disclose your password or API keys to any third party. You are solely responsible for all activities performed under your account and with your API credentials.
You must notify us immediately upon becoming aware of any breach of security or unauthorized access or use of your account or API keys.
Do not use our Services for any illegal or unauthorized purpose; including, without limitation, unlawful, harassing, libelous, invasion of another's privacy, abusive, threatening or obscene purposes. Violators will be reported and accounts terminated at the Company's sole discretion. Appropriate legal action may be taken for any illegal or unauthorized use of the Services. The Company will not be liable for any damages arising from your failure to comply with this section.
Master Service Agreement (MSA)
Our services are governed by our Master Service Agreement (MSA). By using our services, you agree to be bound by the terms and conditions outlined in the MSA.
You can access our MSA by clickinghere.
Termination
Podcastle may deny you access to all or any part of the Services or terminate your account with or without prior notice if you engage in any conduct or activities that Podcastle determines, in its sole discretion, violate this Agreement, Terms and Conditions or the rights of Podcastle without limitation.
Upon termination of your account(s) for any reason:
Your right to use the Services will immediately cease
Your API keys will be invalidated immediately
All content in your account(s) will be deleted
For standard "pay as you go" accounts, you will be charged for any usage accrued up to the point of termination that has not yet been billed
For Enterprise accounts, termination will be governed by the terms of your Enterprise agreement
All provisions of this Agreement that by their nature should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, limitations of liability and miscellaneous provisions.
No refunds will be issued for any charges already processed or for usage already incurred. For more information, see the Refund section.
Intellectual Property
Copyright
All materials (including software, API, code, and content whether downloaded or not, features and functionality) contained in the Services are owned by the Company (or our affiliates and/or third-party licensors, where applicable), unless indicated otherwise. You agree and acknowledge that the materials are valuable property and that other than any specific and limited license for use of such materials, you shall not acquire any ownership rights in or to such materials. The materials may not be used except as provided for in these Terms, and any other relevant terms and conditions provided to you without our prior written permission.
You acknowledge and agree that certain materials on or in the products and services are the property of third party licensors and, without prejudice to any and all other rights and remedies available, each such licensor has the right to directly enforce a claim against you in case of your unauthorized use.
All the materials you upload, develop, and/or generate through our API are your own Content. We do not claim any ownership rights on your Content. For any purpose related to our Services to you and in connection with our business, you grant us a worldwide, non-exclusive, royalty-free, sublicensable and transferable license to use your Content—including to host, process, and display, as needed and appropriate for the provision and improvement of Async Services.
The Company will remove any Content if properly notified that such Content infringes another's intellectual property rights. We respond to notices of copyright infringement in compliance with the U.S. Digital Millennium Copyright Act (DMCA) and have a policy of terminating repeat infringers in appropriate circumstances. If you have a valid claim, report infringement of your intellectual property by sending your claim to dmca@async.ai. Any intellectual property claim, including copyright, submitted to the Company in writing must contain the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of an exclusive intellectual property interest; (ii) a description of the intellectual property, including any registration numbers, that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Services that is reasonably sufficient to enable the Company to identify and locate the material; (iv) contact information (name, address, email, phone) for how you would like the Company to contact you; (v) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by you that the above information in your notice is accurate and under penalty of perjury that you are authorized to act on behalf of the copyright owner or the owner of an exclusive right in the material. You may access the DMCA claim form here.
In the event you have been notified that Content you posted has been removed due to a valid copyright DMCA take-down request from a third party and you believe you have a valid basis for appealing the removal of your content, you may submit a counter-notice by sending a notification to dmca@async.ai that includes: (i) your physical or electronic signature; (ii) identification of the content that has been removed; (iii) a statement that you have a good faith believe that the content was removed as a result of mistake of a misidentification of the content; (iv) your contact information (name, address, email, phone); (v) a statement that you consent to the jurisdiction of the Federal Court for the judicial district in which your address is located and that you will accept service of process from the third party who submitted the initial infringement claim to the Company. You may access the Counter-Notice Form here.
You may not otherwise download, display, copy, reproduce, distribute, modify, perform, transfer, create derivative works from, sell or otherwise exploit any content, code, data or materials in the Service.
Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.
API Usage
Your use of our API is subject to these Terms and any additional API documentation provided. You agree to:
Use the API only as permitted in these Terms and any documentation we provide
Not attempt to circumvent any rate limits or security measures
Not reverse engineer, decompile, or disassemble our API or Services
Not use our API to create a competing product or service
Implement reasonable security measures to prevent unauthorized access to your API keys and our Services through your account
Your Feedback to Us
You assign all rights, title and interest in any feedback you provide the Company. If for any reason such assignment is ineffective, you agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, modify, modify and exploit such Feedback without restriction.
Third Parties and Links to Other Websites
Our Service may contain links to third-party websites or services that are not owned or controlled by the Company.
The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.
Disclaimers: "AS IS" and "AS AVAILABLE"
The Service is provided to you "AS IS" and "AS AVAILABLE"; with any and all faults and defects without warranty of any kind, whether express or implied. To the maximum extent permitted under applicable law, the Company, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice.
Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components. You acknowledge that your use of the Services is at your sole risk. The Company does not warrant that your use of the Services is lawful in any particular jurisdiction, and the Company specifically disclaims such warranties.
Some jurisdictions do not allow for the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, in which case some or all of the above exclusions and limitations may not apply to you. Nevertheless, the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY AND ITS AFFILIATES, SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OR FOR ANY LOSS OF PROFITS, REVENUES, LOSS OF DATA OR CONTENT, GOOD-WILL OR OTHER INTANGIBLE LOSSES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, ARISING OR RESULTING FROM (i) YOUR ACCESS TO AND USE OF THE SERVICES OR INABILITY TO ACCESS OR USE THE SERVICES THEREOF; (ii) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, INCLUDING ANY DAMAGE CAUSED TO YOUR DEVICES OR INFORMATION STORED THEREIN; (iii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iv) ANY UNAUTHORIZED ACCESS TO, USE OR ALTERATION OF YOUR CONTENT, INFORMATION OR TRANSMISSIONS; (v) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT PROVIDED THROUGH OUR SERVICES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE COMPANY FOR ALL CLAIMS AND DAMAGES UNDER THIS AGREEMENT, WHETHER ARISING FROM STATUTE, CONTRACT TORT (INCLUDING NEGLIGENCE) OR OTHERWISE EXCEED ONE HUNDRED U.S. DOLLARS ($100).
Some jurisdictions do not allow for the exclusion of certain types of warranties or limitations of liability for incidental or consequential damages, in which case some of the above limitations may not apply to you. Nevertheless, our liability will be limited to the greatest extent permitted by applicable law.
Governing Law
These Terms shall be governed by the laws of the State of Delaware, without respect to its conflict of laws principles.
Disputes Resolution
If you have any concern or dispute about the Services, you agree to first try to resolve the dispute informally by contacting the Company.
In the event a dispute cannot be resolved through communications with the Company, you agree that any dispute, claim, or controversy arising out of or relating to the Terms and Conditions or your use of the Services, shall be resolved through final and binding arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules. Judgment on any award entered by the arbitrator may be enforced in any court having jurisdiction thereof. You acknowledge and agree that you may bring claims against the Company only in individual capacity and not as a plaintiff or class member in any purported class or representative proceeding. You waive any right to participate in a class-action lawsuit or class-wide arbitration.
United States Legal Compliance
You represent and warrant that (i) you are not located in a country that is subject to a United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) you are not listed on any United States government list of prohibited or restricted parties.
Severability and Waiver
Severability
These Terms, the Privacy Policy and any additional agreements you may enter into with the Company constitute the entire agreement between you and Company. If any provision is held to be unenforceable or invalid, such provision will be amended to accomplish the objectives of the provision or eliminated to the minimum extent possible and the remaining provisions of these Terms will continue in full force and effect.
Waiver
Failure to exercise a right or to require performance of an obligation under these Terms shall not constitute a waiver. A waiver of one provision or a term shall not constitute a waiver of these Terms.
Translation Interpretation
These Terms may have been translated if we have made them available to you on our Service. You agree that the original English text shall prevail in the case of a dispute.
Changes to These Terms and Conditions
We reserve the right, at our sole discretion, to modify, change or replace these Terms at any time. If a significant change is made, we will make reasonable efforts to notify customers by email before the new terms take effect. We will determine, at our sole discretion, what qualifies as a significant change.
By continuing to access or use our Services after modifications become effective, you agree to be bound by the updated terms. If you do not agree to the new terms, in whole or in part, please stop using the Website and the Services.
NOTICES
We may send you communications and notices by email or through our Services. You hereby consent to receive communications from the Company in an electronic form, and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. The foregoing does not affect your non-waivable rights.
Contact Us
If you have any questions about these Terms and Conditions, you can contact us:
By email: support@async.ai
