Terms of service

These terms explain the agreement between you and us when you use podswitch: what the service does, what each plan includes, how renewal and cancellation work, who owns your recordings and what each of us is responsible for. Please read them before you start. If you are a consumer, nothing in these terms affects your statutory rights.

1. Who we are

podswitch is operated by Metamindz, trading as [Registered company name], a company registered in England and Wales with company number [Company number]. Our registered office is [Registered office address]. Our VAT number is [VAT number].

In these terms, “we”, “us” and “our” mean Metamindz. “You” means the person using podswitch, or the organisation on whose behalf you use it.

You can contact us at support@usepodswitch.com.

2. What podswitch does

podswitch automatically cuts multicam podcast video in Final Cut Pro, using each speaker’s microphone. You provide one recording per speaker. Your browser extracts the audio from any video files on your own device and uploads only the audio. We analyse that audio, decide the edit and produce:

• an FCPXML file for Final Cut Pro, containing a multicam clip and a pre-cut timeline;
• a dialogue mix in which each speaker’s microphone is open only while they speak;
• a cut list; and
• an in-browser preview of the edit, played from your own files.

podswitch does not upload, store or analyse video, and it does not render a finished video file. At launch it supports Final Cut Pro only. We may add, change or remove features over time. If a change significantly reduces what a paid plan includes, we will tell you in advance and you may cancel.

3. Using podswitch

Free trial without an account. You can process one project without creating an account, after verifying your email address. One free trial is available per email address. We use automated checks, including rate limits and a bot check, to prevent abuse of the trial.

Accounts. To keep projects longer, buy a plan or buy a one-off project, you need an account. You must give accurate details and keep your sign-in method secure. You are responsible for activity under your account.

Age. You must be 18 or over to create an account or buy a plan.

Business and consumer use. You may use podswitch for personal or business purposes. Where these terms treat consumers and business users differently, we say so.

4. Plans, limits and quotas

Every account is on exactly one plan at a time: the free plan or a paid subscription. The current plans, prices and limits are shown on our pricing page and in your account. The limits that can apply to a plan are:

• the number of projects you can create in each billing period;
• the maximum length of a recording;
• the maximum size of each file and of each project;
• the maximum number of speakers; and
• how long uploaded audio and the rendered mix are kept.

What counts as a project. A project is one recording session. Its length is measured by its longest source file. Editing a project, and re-processing it after an edit, does not count as a new project.

Billing period. Your project allowance resets at the start of each billing period of your subscription, including the free plan. Unused projects do not carry over.

Files over the limit. If a file is longer or larger than your plan allows, we reject it before processing, delete it, and do not count it against your allowance. You can upgrade or buy a one-off project instead.

One-off projects. A one-off purchase unlocks a single project beyond your plan’s limits, under the limits shown for that purchase. You need an account to buy one.

5. Prices and payment

Prices are in pounds sterling and include VAT at the applicable rate. Payments are processed by Stripe; we do not see or store your full card details.

If we change the price of a plan, the new price applies to new subscriptions. Existing subscribers keep the price they signed up at for as long as their subscription continues on that plan.

If a renewal payment fails, Stripe will retry it. Your paid limits continue while it does. If payment cannot be collected, your subscription ends and your account moves to the free plan.

6. Automatic renewal and cancellation

Renewal. Paid subscriptions renew automatically at the end of each billing period, monthly or annually as you chose, until you cancel. We will remind you by email before an annual subscription renews.

How to cancel. Sign in, open Billing and choose Manage billing. You can cancel at any time. You do not need to contact us.

When cancellation takes effect. Cancellation takes effect at the end of the current billing period. You keep your paid limits until then. Your account then moves to the free plan.

Changing plan. Moving to a higher plan takes effect immediately, and you pay the difference for the rest of the current period. Moving to a lower plan takes effect at the end of the current period.

Your files after a change. Files that already exist keep the expiry date they were given when they were created. A downgrade or cancellation never shortens it. Your new limits apply to projects created after the change takes effect.

7. Your right to cancel and refunds

If you are a consumer, you may have a legal right to cancel within 14 days of buying. Our cancellation and refunds page explains how this right works for subscriptions and one-off projects, what we ask you to confirm when you buy, and our refund position. It forms part of these terms.

8. How long we keep your files

We delete heavy files automatically. The periods below are also set out in our privacy notice.

podswitch is not a storage or backup service. Keep your own copies of your recordings and of anything you download.

9. Your content

You own your content. Your recordings, and the outputs produced from them, belong to you or to whoever you received them from. We do not claim ownership of them.

The licence you give us. You give us a non-exclusive, worldwide, royalty-free licence to host, copy, process and transmit your content only as needed to provide podswitch to you, for as long as we keep it under these terms. This includes passing it to the service providers listed on our sub-processors page for that purpose.

No training. We process your recordings only to deliver the service to you. We never use them to train machine learning models.

Access by our staff. Our staff do not listen to your recordings unless you ask us to as part of a support request, or we must do so to investigate a security incident, abuse of the service or a legal requirement.

10. Recordings of other people

Your recordings will usually contain other people’s voices. Before you upload a recording, you must have permission from everyone whose voice is in it for it to be processed by podswitch for the purpose of editing it.

For the personal data in your recordings, you are the controller and we process it on your behalf as your processor, on your instructions as set out in these terms. Our privacy notice explains this in more detail. If someone recorded in your content contacts us, we will refer them to you.

11. Acceptable use

You must follow our acceptable use policy. It forms part of these terms.

12. Our intellectual property

podswitch, including its software, design and brand, belongs to us or our licensors. We give you a personal, non-transferable right to use podswitch in line with these terms. You may use the files podswitch produces for you in any way you like.

13. Availability

We aim to keep podswitch available and to process projects promptly, but we cannot promise that it will always be available, uninterrupted or error-free. We may suspend the service for maintenance, security or reasons outside our control. If a processing run fails, we release the project from your allowance automatically.

14. Suspension and ending the agreement

By you. You can stop using podswitch at any time. You can delete your account from your account settings. Deletion takes effect immediately: your data is marked for deletion at once and your files are removed from storage within a short time afterwards. If you have an active paid subscription when you delete your account, it is cancelled immediately, and you will be shown a warning before you confirm. See our cancellation and refunds page for what that means for payment.

By us. We may suspend or close your account if you seriously or repeatedly break these terms or the acceptable use policy, if we must do so by law, or to protect the service or other users. Where it is reasonable, we will tell you first and give you a chance to put things right. If we close your account for reasons other than your breach, we will refund any payment for the unused part of a paid period.

We keep billing records after an account is closed, because the law requires us to keep tax records.

15. Our responsibility to you

If you are a consumer. We provide podswitch with reasonable care and skill, as the Consumer Rights Act 2015 requires. We are responsible for loss or damage you suffer that is a foreseeable result of our breaking these terms or failing to use reasonable care and skill. Loss is foreseeable if it is obvious it will happen or if, when the contract was made, both of us knew it might happen. If digital content we supply damages a device or digital content belonging to you because we did not use reasonable care and skill, we will either repair the damage or pay you compensation. We are not responsible for business losses: if you use podswitch for a business, trade or profession, the business terms below apply to those losses.

If you are a business user. We are not liable for loss of profit, revenue, business, goodwill or anticipated savings, or for any indirect or consequential loss. Our total liability to you in any 12-month period is limited to the greater of the amount you paid us in that period and [Liability cap amount].

For everyone. Nothing in these terms limits or excludes our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for anything else that cannot be limited or excluded by law.

16. Complaints

If you are unhappy with podswitch, contact us at support@usepodswitch.com and we will try to resolve it quickly.

17. Changes to these terms

We may update these terms, for example to reflect changes to the service or the law. We will tell you about material changes by email or in the app before they take effect. If you do not agree, you can cancel before they apply. We ask you to accept the current version of the terms when you create an account.

18. General

If a court finds part of these terms unenforceable, the rest still applies. If we do not enforce a right straight away, we can still enforce it later. You may not transfer your rights under these terms to anyone else without our agreement. We may transfer our rights and obligations to another organisation, and will tell you if we do; if you are unhappy with the transfer you may cancel. Nobody else has any rights under these terms.

19. Governing law

These terms are governed by the law of England and Wales, and the courts of England and Wales have jurisdiction. If you are a consumer living in Scotland or Northern Ireland, you can also bring proceedings in the courts where you live, and you keep the benefit of any mandatory consumer protection law there.