Snapshot of the source text at fetch time, not a live mirror of the policy page.
Plain-English summary
This service has several risks including the ability to terminate your account and access without notice or liability (risk_flags-0001), a no-refund policy for purchases (risk_flags-0002), and a broad disclaimer of warranties and limitation of liability (risk_flags-0003). All legal actions must be filed in New York within one year. The company can change terms or discontinue the service without notice. Furthermore, the company cannot guarantee absolute security of your data, making you accept all risks of unauthorized access (data_use-0001), and may disclose your data for legal reasons or to third parties.
90% confidence
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Risk Flags
3 findings
Critical terms that can lead to significant harm, such as loss of funds, privacy violations, or limitations on legal rights.
high95% confidence
Unilateral termination without liability
The service provider can terminate your account and access to the app at any time without prior notice for various reasons, including inactivity or nonpayment, and will not be liable to you for such termination.
Why it matters: Your account, access, and associated data could be removed without warning or compensation, leading to loss of content, access to services, and potential financial impact if a paid service is terminated without refund.
You agree that we may, under certain circumstances and without prior notice, immediately terminate your account and/or access to the App. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the Terms or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the App (or any portion thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, and/or (g) nonpayment of any fees owed by you in connection with the App.
Why it matters: You will not be able to get your money back for any purchases made through the app, even if there are issues with the service or you decide you no longer want it.
All purchases are final. Overcast cannot issue refunds for purchases charged to your Apple ID.
Disclaimer of all warranties and limitation of liability
The service is provided "as is" without any warranty, and the company disclaims all implied warranties. They are not liable for any direct, indirect, punitive, incidental, special, or consequential damages arising from your use or inability to use the app, or from any information, software, products, services, or content obtained through it.
Why it matters: You use the service at your own risk, with no guarantees about its quality, reliability, or fitness for any purpose. You also waive significant rights to sue the company for damages, including those resulting from service failures, data loss, or other issues.
BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
How the company collects, uses, shares, and protects your personal information.
medium95% confidence
Risk of unauthorized access to User Data and other information
The company cannot guarantee absolute security of your account, content, or personal information and cannot promise that security measures will prevent third-party hackers from illegal access. You accept all risks of unauthorized access to your User Data and any other information you provide.
Why it matters: Your personal information, account content, and User Data could be vulnerable to security breaches, and the company explicitly states it's not responsible for these risks, placing the burden on you.
We endeavor to use reasonable security measures to protect against unauthorized access to your account. We cannot, however, guarantee absolute security of your account, your Content or the personal information you provide, and we cannot promise that our security measures will prevent third-party “hackers” from illegally accessing the App or its contents. You accept all risks of unauthorized access to the User Data and any other information you provide to us.
All communication methods provided by the app are considered public, not private, between you and other parties. Communications are not pre-reviewed, post-reviewed, screened, archived, or monitored by the company, though they reserve the right to do so.
Why it matters: Any communications you send through the app should be treated as public, as there is no expectation of privacy, and the company may choose to monitor them at its discretion.
By using any of the communications methods available on the App, you acknowledge and agree that (a) all communications methods constitute public, and not private, means of communication between you and the other party or parties, (b) communications sent to or received from third party service providers, advertisers or other third parties are not be endorsed, sponsored or approved by us (unless expressly stated otherwise by Overcast Radio, LLC) and (c) communications are not pre-reviewed, post-reviewed, screened, archived or otherwise monitored by us in any manner, though we reserve the right to do so at any time at its sole discretion in accordance with the Terms.
Why it matters: You will be automatically charged for subsequent subscription periods unless you proactively cancel at least 24 hours before your current subscription ends.
The subscription automatically renews unless it is canceled at least 24 hours before the end of the current period. Your account will be charged for renewal within 24 hours prior to the end of the current period.
Less obvious or potentially surprising terms that could impact users.
medium95% confidence
User responsibility for account security
You are solely responsible for maintaining the confidentiality of your password, restricting access to it and your computer while logged in, and you accept responsibility for all activities under your account.
Why it matters: You bear the full responsibility for any unauthorized activity on your account if your password or access to your computer is compromised, potentially leading to misuse of your account or data.
You are solely responsible for maintaining the confidentiality of the password associated with your account and for restricting access to your password and to your computer while logged into the App. You accept responsibility for all activities that occur under your account or from your computer.
Indemnification for user-submitted content and actions
You agree to indemnify and hold the company harmless from any third-party claim or demand, including attorneys' fees, arising from content you submit, your use of the app, your connection to the app, your violation of the terms, or your violation of any third-party rights.
Why it matters: You could be held financially responsible for legal claims against the company that result from your actions or content on the app, including paying their attorney fees.
You agree to indemnify and hold us and our subsidiaries, affiliates, officers, agents, representatives, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Content you submit, post, transmit or otherwise seek to make available through the App, your use of the App, your connection to the App, your violation of the Terms, or your violation of any rights of another person or entity.
The company does not control or monitor content made available by others and does not guarantee its accuracy, integrity, or quality. You may be exposed to offensive, indecent, or objectionable content, and the company will not be liable for any content or related loss or damage.
Why it matters: You are responsible for evaluating and bearing the risks associated with content from other users or third parties on the app, including offensive material or inaccuracies, and the company will not be held responsible for any harm from such content.
We do not control or monitor the Content made available in the App by others and do not guarantee the accuracy, integrity, or quality of such Content. You understand that by using the App, you may be exposed to Content that is offensive, indecent, or objectionable. Under no circumstances will we be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available on the App.
Terms that are beneficial to the user, enhancing their rights, privacy, or control.
Protection95% confidence
App not intended for children under 13
The app is explicitly stated as not intended for and not designed to attract children under 13 years of age.
Why it helps: This commitment indicates that the company is mindful of child online privacy regulations and suggests that they are not actively collecting data from children under 13.
The App is not intended for and is not designed to attract children under 13 years of age.
Terms of Use, paragraph 1 · Citation strength: strong
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