Terms of Service

for the Podcast Platform “Hypecast”

As of: February 2, 2026

These Terms of Service (hereinafter "Terms" or "Agreement") govern the use of the SaaS platform "Hypecast" (hereinafter "Platform") of

HYPE 1000 GmbH
Am Freistuhl 15
46325 Borken, Germany
Email: legal@hypecast.com

(hereinafter "Provider")

By registering for, accessing, or using the Platform, you (hereinafter "User" or "You") agree to these Terms of Service. Please read them carefully.

1. Scope

These Terms of Service apply to all contracts for the provision of the Platform between the Provider and the User. Deviating terms of the User are not recognized unless the Provider expressly agrees to their validity in writing.
Special conditions (e.g., Service Level Agreements, service descriptions) may apply to certain functions or services. Such documents become part of this Agreement as soon as the User uses them or agrees to them.

Use of the Platform requires registration. The User is obligated to provide complete and correct information about themselves or their company and to keep this information up to date.
The User must keep their chosen password confidential and protect it from access by third parties. Any action taken via the account is deemed to have been initiated by the User, unless the User proves that they are not responsible for the use.
The Provider reserves the right to temporarily block or permanently delete accounts in the event of violations of these Terms of Service, unauthorized use, or for other important reasons.

The Provider makes the Platform available to the User, including the respectively agreed functions (e.g., creating, hosting, and distributing podcasts) in a SaaS model via the Internet.
The specific scope of functions and services is determined by the service description current at the time of contract conclusion and any booked add-on packages.
The Provider is entitled to further develop the Platform (e.g., updates, upgrades, new features), provided that the essential main performance obligations are not impaired. The Provider will notify the User of significant functional changes with reasonable notice.
A claim to a specific availability exists only if and to the extent that this is expressly guaranteed in a Service Level Agreement (SLA).

The User may only use the Platform within the scope of the contractually agreed purposes and in compliance with applicable laws.
It is expressly prohibited to post or distribute content that: • violates copyrights, trademarks, or other intellectual property rights of third parties, • is criminal, harmful to minors, insulting, racist, glorifying violence, pornographic, or otherwise unlawful, • contains viruses, trojans, or other malware.
The User undertakes not to misuse the Platform to send unsolicited advertising ("spam").
If a User violates the above obligations, the Provider may delete the content and/or block the account. Further claims remain reserved.

If the use of the Platform is subject to a fee, the prices agreed upon at the time of contract conclusion apply. All prices are net plus VAT at the respective statutory rate, insofar as VAT is applicable.
Invoices are due for payment within 30 days of the invoice date, unless otherwise agreed. In the event of late payment, the Provider is entitled to charge default interest at the statutory rate and to block access to the Platform.

The Provider grants the User a simple, non-transferable right to use the Platform as intended for the duration of this Agreement.
All rights to the Platform, including software, layouts, logos, trademarks, databases, and content of the Provider, remain exclusively with the Provider.
The User retains all rights to their own uploaded or created content ("User Content"). However, the User grants the Provider an unrestricted, non-exclusive right of use, unlimited in space and time, to store, host, reproduce, distribute, and make User Content publicly accessible, insofar as this is necessary for the performance of the contract.
The User is liable for ensuring that they have all rights necessary for the publication of their User Content and indemnifies the Provider against all third-party claims resulting from a violation of rights.

The processing of personal data is carried out in accordance with the Provider's Privacy Policy and in compliance with the General Data Protection Regulation (GDPR) and the Federal Data Protection Act (BDSG).
The Provider takes appropriate technical and organizational measures to protect User data from loss and unauthorized access.
In the event of a reportable security breach, the Provider will inform the User without undue delay.

The Platform is provided in accordance with the current state of technology. However, the Provider does not warrant that the Platform will function without interruption, error-free, or without delays, unless this is expressly guaranteed in an SLA.
Statutory provisions apply to material and legal defects. For gratuitous services, the Provider is only liable for intent and gross negligence.

The Provider is liable without limitation for intent, gross negligence, claims under the Product Liability Act, fraudulent concealment of a defect, and injury to life, body, or health.
In the case of slightly negligent breach of a material contractual obligation, the Provider's liability is limited to the typically foreseeable damage. Otherwise, liability is excluded.
The total liability—except in cases under Section 9(1)—is limited to the amount of fees paid by the User in the three (3) months prior to the occurrence of the damaging event.

This Agreement is concluded for an indefinite period unless otherwise agreed.
Either party may ordinarily terminate the Agreement with three (3) months' notice to the end of a quarter, unless the respective plan provides for a different minimum term.
The right to extraordinary termination for good cause remains unaffected. Good cause exists in particular if the User materially breaches contractual obligations or is in default of payment despite a reminder.
After the end of the contract, the account will be deactivated. User Content can be exported within [30] days after termination; after that, the Provider is entitled to delete it.

The Provider reserves the right to amend these Terms of Service insofar as this is necessary for objective reasons (e.g., change in law, functional adjustments) and does not unreasonably disadvantage the User.
The Provider will inform the User of planned changes at least 30 days before they take effect by email. If the User does not object within this period or continues to use the Platform after the changes take effect, the changes are deemed accepted. The Provider will separately inform the User of their right to object.

Assignment: The User may only assign claims or rights under this Agreement with the prior written consent of the Provider.
Set-off prohibition: The User may only set off against undisputed or legally established claims.
Severability clause: Should any provision of this Agreement be wholly or partially invalid, the validity of the remaining provisions shall remain unaffected.
Applicable law & jurisdiction: German law applies, excluding the UN Convention on Contracts for the International Sale of Goods. The exclusive place of jurisdiction for disputes is, to the extent permitted by law, the registered office of the Provider.
Contract language: The binding contract language is German. Any translations are for informational purposes only.