Terms of Service

Version: 1.0 Effective Date: October 21, 2025 Last Updated: October 21, 2025


1. Introduction

Welcome to ehkootay (styled as eh•koo•tay), a service for sharing podcast episodes with friends through custom RSS feeds.

IMPORTANT ALPHA/PRE-ALPHA NOTICE: ehkootay is currently in alpha/pre-alpha development. The service is provided on an experimental basis and may change significantly, experience downtime, or be discontinued at any time. By using this service, you acknowledge and accept these risks.

These Terms of Service ("Terms") govern your access to and use of ehkootay (the "Service"), operated by ehkootay ("we," "us," or "our"). By accessing or using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, do not use the Service.

We may update these Terms from time to time. For minor or clarifying changes, we will update the "Last Updated" date above. For material changes that affect your rights or obligations, we will notify you by email at least 30 days before the changes take effect. Your continued use of the Service after changes become effective constitutes acceptance of the updated Terms.

For questions about these Terms, contact us at [email protected].

Our Privacy Policy explains how we collect and use your information.


2. Eligibility

You must be at least 18 years old to use the Service. By using the Service, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into these Terms.


3. Account Registration and Security

To use the Service, you may need to create an account. You agree to:

We reserve the right to suspend or terminate accounts that provide false or misleading information.


4. Description of Service

ehkootay provides a platform for creating custom RSS podcast feeds. Users can:

Important: ehkootay is a podcast discovery and recommendation service. We do not host, create, or own podcast content. All podcast episodes, descriptions, artwork, and related content remain the property of their original creators. We provide a technical service that links to and organizes publicly available podcast content.


5. Acceptable Use Policy

You agree to use the Service only for lawful purposes and in accordance with these Terms. You agree NOT to:

5.1 Prohibited Activities

5.2 Resource Limits

We may impose reasonable limits on your use of the Service, including but not limited to:

We reserve the right to modify these limits at any time to ensure fair use and service availability for all users.

5.3 Enforcement

We reserve the right to:

These actions may be taken without prior notice if we determine that immediate action is necessary.


6. Content and Intellectual Property

6.1 Podcast Content

All podcast episodes, audio files, descriptions, artwork, and related content that appear in feeds remain the exclusive property of their original creators and copyright holders. Neither you nor ehkootay owns or claims any rights to this content.

When you share or recommend podcast content through the Service, you:

6.2 Your Feed Configurations and Recommendations

You retain ownership of your feed configurations, episode selections, and recommendations to friends. By using the Service, you grant us a limited, non-exclusive, royalty-free license to use, store, and transmit this data solely for the purpose of providing and improving the Service. We claim no ownership of this data.

6.3 Feedback

If you provide us with feedback, suggestions, or ideas about the Service, you grant us the right to use such feedback without any obligation to you.


7. Privacy and Data Access

7.1 Human Access to Data

Important Disclosure: During the alpha/pre-alpha phases and for ongoing service support and debugging, our team members may access your data to provide, improve, and debug the Service. While we make efforts to minimize this access and protect your privacy, we cannot guarantee complete anonymity during early operations.

In the long term, we aim to architect our systems so that personally identifiable information (such as email addresses) is stored separately from usage data, allowing us to debug and improve the service without viewing whose data it is. However, in the short term and during early development, our team may see your email address and the content you share.

7.2 Service Emails

We may send you emails related to:

We will not send marketing emails without your explicit consent.

7.3 Data Collection and Use

Our Privacy Policy explains in detail what data we collect, how we use it, and your rights regarding your data. Please review it carefully.


8. Data Retention and Deletion

8.1 Standard Account Deletion

When you delete your account or we terminate your account:

8.2 Exceptions to Standard Deletion

We may retain data longer than the standard retention period when:

Data retained under these exceptions will be kept confidential and used only for the specific purpose for which it was retained.


9. Government Requests and Legal Compliance

9.1 Law Enforcement Requests

We will not share your data with government entities or law enforcement without a valid warrant, subpoena, court order, or other legally binding request, except as described below.

9.2 Mandatory Reporting

Notwithstanding the above, we are required by law—and it is our policy—to report certain illegal activities to appropriate authorities, including but not limited to:

In these cases, we will report the illegal activity and may preserve and share relevant data with law enforcement without a warrant and without notifying you.

9.3 Transparency

Except where prohibited by law or where we believe notice could create a risk of harm, we will attempt to notify users of legal requests for their data.


10. Copyright and DMCA

10.1 Copyright Policy

We respect the intellectual property rights of others and expect our users to do the same. If you believe that content accessible through the Service infringes your copyright, please notify us as described below.

10.2 DMCA Takedown Procedure

If you are a copyright owner (or authorized to act on behalf of one) and believe that content accessible through ehkootay infringes your copyright, you may submit a notification under the Digital Millennium Copyright Act (DMCA) by providing our Designated Copyright Agent with the following information in writing:

Designated Copyright Agent: Email: [email protected]

10.3 Counter-Notification

If you believe that material you shared was removed or disabled as a result of mistake or misidentification, you may submit a counter-notification to our Designated Copyright Agent with the required information under the DMCA. Please consult the DMCA statute or legal counsel for details on counter-notification requirements.

10.4 Repeat Infringers

We will terminate the accounts of users who are determined to be repeat copyright infringers.


11. Service Availability and Modifications

11.1 No Uptime Guarantee

The Service is provided on an "as available" basis, especially during the alpha/pre-alpha phase. We do not guarantee that the Service will be available at all times or that it will be uninterrupted or error-free.

11.2 Right to Modify or Discontinue

We reserve the right to:

We will make reasonable efforts to notify users of significant changes or discontinuation, but are not obligated to do so.

11.3 No Liability for Changes

We will not be liable to you or any third party for any modification, suspension, or discontinuation of the Service.


12. Pricing and Future Paid Features

The Service is currently provided free of charge. However, we reserve the right to introduce paid features, subscription plans, or usage-based pricing in the future. If we introduce paid features:

We are under no obligation to continue offering any features for free indefinitely.


13. Disclaimers and Limitations of Liability

13.1 "AS IS" and "AS AVAILABLE"

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT:

13.2 No Reliance for Critical Purposes

YOU ACKNOWLEDGE THAT THE SERVICE IS NOT DESIGNED, INTENDED, OR SUITABLE FOR USE IN SITUATIONS WHERE FAILURE OR DISRUPTION COULD LEAD TO INJURY, FINANCIAL LOSS, OR OTHER HARM. DO NOT USE THE SERVICE FOR ANY PURPOSE WHERE RELIABILITY IS CRITICAL OR WHERE YOU WOULD DEPEND ON IT FOR INCOME, BUSINESS OPERATIONS, OR OTHER ESSENTIAL ACTIVITIES.

13.3 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL EHKOOTAY, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID US TO USE THE SERVICE IN THE 12 MONTHS PRIOR TO THE EVENT GIVING RISE TO LIABILITY, OR $100, WHICHEVER IS GREATER.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

13.4 Third-Party Content

WE ARE NOT RESPONSIBLE FOR ANY THIRD-PARTY CONTENT ACCESSIBLE THROUGH THE SERVICE, INCLUDING PODCAST EPISODES, DESCRIPTIONS, OR ARTWORK. ANY RELIANCE ON SUCH CONTENT IS AT YOUR OWN RISK.


14. Indemnification

You agree to indemnify, defend, and hold harmless ehkootay, its affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from or related to:

We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you agree to cooperate with our defense of such claims.


15. Governing Law and Dispute Resolution

15.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law provisions.

15.2 Jurisdiction

You agree that any legal action or proceeding arising out of or related to these Terms or the Service shall be brought exclusively in the federal or state courts located in California, and you consent to the personal jurisdiction of such courts.

15.3 Waiver of Class Actions

TO THE EXTENT PERMITTED BY LAW, YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.


16. General Provisions

16.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and ehkootay regarding the Service and supersede any prior agreements.

16.2 Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect.

16.3 No Waiver

Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.

16.4 Assignment

You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign these Terms without restriction.

16.5 Survival

Provisions of these Terms that by their nature should survive termination (including but not limited to limitations of liability, indemnification, and dispute resolution) shall survive termination of your account or these Terms.


17. Contact Information

For questions, concerns, or notices regarding these Terms of Service, please contact us at:

Email: [email protected]

For privacy-related inquiries, see our Privacy Policy.

For alpha/beta program questions, see Alpha Program Information.


By using ehkootay, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.