Appcast™ Job Seeker Terms of Use

Revised and Effective – August 26, 2025

1. Introduction.

Appcast, Inc. (“we”, “us”, “our” or “Appcast”) offers a service (the “Service”) to facilitate the job application process between job applicants (“you”, “your”, “User” or  “Users”) and employers (“Employers”). Any resume or application information that you submit through the Service, including personal data included in a resume, application, or responses to screening questions, is subject to the terms and conditions contained in these Terms of Use (“Terms”) and will be processed in accordance with Appcast’s Privacy Policy. These Terms are legally binding and your use of the Service serves as your acceptance of the Terms. If you do not agree with any of the Terms, do not use the Service.

By using the Service, and providing information, whether through a User Profile, in the form of a job application, resume, or otherwise, you agree that Appcast does not have control over an employer’s use or disclosure of that information and that we are not responsible or liable for the manner in which an employer uses the information you provide via the Service. When you apply for a job via the Service, Appcast does not guarantee the transmission of your information or that any employer will receive, review, or respond to any such resume or other application materials. Further, you acknowledge and understand that Appcast has no control and is not responsible for the content of the employer’s job application, job advertisement, messages, or screening questions and we do not control or participate in the employer’s hiring decisions.

IMPORTANT: PLEASE REVIEW THE ARBITRATION AGREEMENT SET FORTH IN SECTION 13 CAREFULLY, AS IT REQUIRES YOU TO RESOLVE DISPUTES WITH APPCAST ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION, AND NOT BY A JURY TRIAL. BY ENTERING INTO THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS AGREEMENT AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.

2. User Profiles

2.1 Creating a User Profile

As part of the Service, you may be able to create a resume profile (referred to as your “User Profile” or “Profile”) that includes information you’ve provided about yourself, such as your contact information, resume data or attachments. By creating and adding information to your User Profile you are requesting and authorizing Appcast to store this information for the current and future purpose of applying to job advertisements posted by Employers.  

2.1.1 If you wish to create this User Profile, you must provide us with a valid email address. In order to ensure your authentication, we will send you a confirmation email after your initial registration, in which we ask you to confirm your registration again by clicking on a link in the email. These Terms will become effective when we activate your User Profile.

2.1.2  You must provide complete and truthful information about the requested information and data. You are responsible for keeping your contact details (in particular your email address) up to date and ensuring that you can be reached at the email address provided and that the email address is not transferred to another person. In the event that you provide false information, Appcast has the right to suspend your User Profile and access to our Service temporarily or permanently and/or terminate it.

2.1.3 Each User may create only one User Profile. The User Profile is non-transferable.

2.2 Utilizing the User Profile

By uploading attachments like a resume or CV to complete your profile, you can use these saved documents to easily apply for vacancies that are published by an Employer. We also use your User Profile data to streamline your application process by auto-filling certain fields of the application form for the vacancy you wish to apply to. By applying to a job advertisement with the information contained within your User Profile, you are authorizing Appcast to transmit that information to the Employer who posted the job advertisement.

2.3 Storage of Resume/CV Data in your User Profile

When you apply for a job vacancy through our platform, the handling of your application depends on the preference of the Employer to whom you are applying. Here’s a detailed breakdown of the two possible processes:

i) Stored with Appcast: In this case, the specific Employer you applied to can access your application directly through our platform.

ii) Sent Directly to Customer:Alternatively, your application will be sent directly to the Employer’s applicant tracking system.

Please note that Employers can be located worldwide, including outside the U.S., E.U. or the European Economic Area (EEA). Therefore, your application data may be accessed, disclosed, and transferred to countries outside the U.S., EU, or EEA.

2.4 Applying Without Creating a User Profile

Please note that you do not need to create a User Profile apply to a job advertisement offered by a Employer. However, creating a User Profile gives you access to additional features and services that cannot be used without creating a User Profile. Appcast is under no obligation to provide these services to you without creating a User Profile.

2.5 Obligations and Responsibility of a User Utilizing a User Profile

2.5.1 Users are solely responsible for providing themselves with the hardware and internet connection necessary for the use of the Services.

2.5.2 Please ensure that the your User Profile is only used by yourself. You must keep all access data strictly confidential. You are responsible for all activities that occur in connection with the use of your User Profile. If an unauthorized third party has actually or possibly had access to your login data (e-mail address), you must inform Appcast immediately.

2.5.3 You must not act unlawfully and/or violate any applicable law in connection with the use of our services, in particular you are not allowed to:

2.5.3.1 Provide content that:

• is harassing, abusive, harmful to minors, or otherwise illegal;
• infringe the rights of any third party, including, but not limited to, copyright, privacy rights, or other proprietary rights;
• confidential, e.g. contain trade secrets;

2.5.3.2 impersonate any other person, such as a public official, a representative of Appcast, or pretend to have a non-existent relationship with such a person, forge usernames or otherwise manipulate identifiers, and/or disguise the origin of any content transmitted in connection with the Service.

2.5.3.3 store, post and/or send advertising, junk or bulk emails, chain letters, pyramid schemes or other commercial communications;

2.5.3.4 use scraping or similar techniques to capture content and use it for any other purpose, republish it, or use it in any way other than the intended purpose of the Services;

2.5.3.5 use techniques or other automated services that aim or cause user activities to be mis-displayed, g. by using bots, botnets, scripts, apps, plugins, extensions or other automated tools to play content, send messages, post comments or perform other actions;

2.5.3.6 harass, threaten, insult or defame any person or entity, disparage or discriminate on the basis of gender, race, religion or beliefs, or make or disseminate untrue claims about any person or entity;

2.5.3.7 collect, store or transmit personal data of another user, unless the data subject has consented to this; or,

2.5.3.8 post links to third-party content that violates the provisions of these Terms of Use or other regulations.

2.5.4 All information contained in your User Profile and any other information or content that you provide to us (“Content”) must be truthful. This means that you are not allowed to create User Profiles for third parties or create User Profiles for non-existent persons without the consent of the data subjects, and that any profile picture you submit must show you.

2.5.5 Content that you provide to us must not contain viruses, worms or other harmful code.

2.5.6 Any resume or attachment that you upload as Content in your User Profile should not contain the following information, and you warrant and warrant that you will not include the following information:

• racial or ethnic origin,
• political views,
• religious or philosophical beliefs,
• membership of a trade union,
• genetic data,
• biometric data for the sole purpose of identifying a natural person;
• health data, or
• data relating to the sex life or sexual orientation of any natural person.

2.5.7 If you transfer personal data to other Users you do so at your own risk. Appcast cannot control the actual use of your personal data by the recipients. Therefore, please check the identity of the recipients of your data before sending it. For example, you should not send your personal information to a private email address.

2.5.8 If the User violates the provisions of these Terms or violates applicable law, Appcast may temporarily or indefinitely exclude the User from using the Service or his/her User Profile. The extent of the exclusion will be determined by the severity and frequency of the violation and will be at the discretion of Appcast.

3. License in and to User’s Content

3.1 You may use our Service and transmit Content to us in accordance with these Terms. We do not investigate or claim ownership of such Content. By providing content to Appcast, you authorize Appcast to store, host, and, if applicable, make it available to Employers. We will use your Content in accordance with the agreement between you and us and these Terms. By providing your Content to Appcast, you grant Appcast a non-exclusive, geographically perpetual license for the duration of the Agreement to use the Content for the purposes of providing the Service under your agreement with us, including the right to store, reproduce, format, reformat, technically edit, transmit the Content, and to analyze, have analyzed, statistically evaluated and/or statistically evaluated by Appcast.

3.2. You warrant and that you have all rights to the Content or have a license to the Content necessary to grant Appcast the rights set forth in Section 3.1 and that the Content and its use by Appcast under the does not violate these Terms or applicable legal provisions and does not infringe any intellectual property rights or other rights of any third party.

4. Privacy

We are committed to transparency about Appcast’s privacy practices and the protection of personal data.  Appcast treats your personal data confidentially and will only use and publish it if necessary, under these Terms. Any collection and processing of users’ personal data is carried out in accordance with applicable data protection law. You can find the Privacy Policy applicable to the Service and Appcast website, which is incorporated into the Terms by reference, here. For more information about the use of personal data through the Service, please refer to the respective Privacy Policy.

5. Acceptable Use

You may use the Service only for lawful purposes and in accordance with these Terms, and you agree not to use the Service or website:

• in any way that violates any applicable federal, state, local or international law or regulation);
• to knowingly send or upload false, inaccurate, misleading, libelous, defamatory, obscene, threatening, invasive, abusive, illegal, or otherwise objectionable communications;
• to impersonate or attempt to impersonate any person or entity (including without limitation by using such person’s or entity’s identifiable information);
• for the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise;
• to transmit, or procure the sending of, any advertising or promotional material, including any “junk email,” “chain letter,” “spam,” or any other similar solicitation;
• to violate, infringe, or misappropriate other people’s intellectual property, privacy, publicity, or other legal rights; or
• to engage in any other conduct that restricts or inhibits anyone’s use of the Service, or which, as determined by us, may harm Appcast or users of the Service or expose them to liability.

Additionally, you agree not to:

• use the Service in any manner that could disable, overburden, damage, or impair the Service or interfere with any other party’s use of the Service;
• introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful;
• attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Service, the server on which the Service is stored, or any server, computer or database connected to the Service;
• otherwise attempt to interfere with the proper working of the Service.

6. Ownership of the Service

The Service and all rights, title and interest therein are and shall remain the property of Appcast or its licensors. This may include without limitation all software, text, displays, images, titles, art, concepts, content, methods of operation and, documentation. Neither these Terms nor your use of the Service convey or grant to you any rights in or related to the Service, or any right to use or reference Appcast or its licensors’ names, representations and likenesses, trademarks, logos and designs, or product and service marks (collectively, “Protected Material”).  Protected Material displayed in the Service is the property of Appcast or its licensors.  You may not remove, copy or alter any Protected Material.  Except as otherwise required by applicable law, any use, reproduction, distribution, modification, retransmission or publication of any Protected Material is strictly prohibited without the express written consent of the owner of the Protected Material.  All rights not expressly granted herein are reserved by Appcast.

7. Reliance on Information Posted

7.1 Appcast does not warrant the accuracy, completeness, legality, reliability, or availability of any job listing or other information available through the Service. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you.

7.2 In addition, Appcast does not guarantee the conclusion of an employment contract between persons who use the Service as applicants and an employer or Employer.

8. Links from the Website

If the Service contains links to other sites and resources provided by third parties, these links are provided for your convenience only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked from this Service, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

9. Geographic

Appcast is based in the State of New Hampshire in the United States. We make no claims that the Service or any of its content is accessible or appropriate outside of the United States. Access to the Service may not be legal by certain persons or in certain countries. If you access the Service from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

10. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY. YOU ACKNOWLEDGE AND UNDERSTAND THAT WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT THE SERVICE OR OUR WEBSITE WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. APPCAST WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, OR DATA DUE TO YOUR USE OF THE SERVICE OR OUR WEBSITE , OR ON ANY WEBSITE LINKED TO IT.

THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR USE, WITH NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.  APPCAST DOES NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICE AT THE TIMES OR LOCATIONS OF YOUR CHOOSING, THAT THE SERVICE WILL BE OF A CERTAIN QUALITY OR SUITABILITY, OR WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

APPCAST WILL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER SIMILAR DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS OR THE SERVICE, WHETHER BASED ON CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT APPCAST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE REMEDY (AND APPCAST’S EXCLUSIVE LIABILITY) FOR ANY DISPUTE WITH APPCAST IS TO STOP USING THE SERVICE.

TO THE EXTENT THAT APPCAST MAY NOT, AS A MATTER OF APPLICABLE LAW, DISCLAIM ANY WARRANTY OR LIMIT ITS LIABILITY AS SET FORTH HEREIN, THE SCOPE OF SUCH WARRANTY AND THE EXTENT OF APPCAST’S LIABILITY WILL BE THE MINIMUM REQUIRED UNDER SUCH APPLICABLE LAW.

11. Indemnification

You agree to indemnify, defend, save, and hold Appcast, its affiliated companies, officers, directors, contractors, employees, agents, licensors, and partners (collectively, “Appcast Entity”) harmless from and against any and all claims, losses, damages, and liabilities, including legal fees and expenses, arising out of or relating to: (i) your use of the Service; or (ii) any breach or violation of these terms.  You are solely responsible for defending any claim against a Appcast Entity, subject to such Appcast Entity’s right to participate with counsel of its own choosing, at its own expense, and for payment of all judgments, settlements, damages, losses, liabilities, costs, and expenses, including reasonable attorneys’ fees, resulting from all claims against a Appcast Entity, provided that you will not agree to any settlement that imposes any obligation or liability on a Appcast Entity without its prior express written consent.  If we assume the defense of any claim, you agree to cooperate with our defense of such claims.

12. Modification and Discontinuation of the Service

In order to balance the interests of users and Employers and to ensure the usability of the Service and to adapt it to the conditions of the market, it is essential to continuously develop the Service. As a result, the Service may be modified or discontinued altogether. The User is not entitled to the functioning of the Service. If you do not agree to any such modification or discontinuance, you may cease and desist from using the Service.

13. DISPUTE RESOLUTION; ARBITRATION AGREEMENT; CLASS ACTION AND JURY TRIAL WAIVER.

BY AGREEING TO THE TERMS, YOU AGREE THAT YOU ARE REQUIRED TO RESOLVE ANY CLAIM THAT YOU MAY HAVE AGAINST APPCAST ON AN INDIVIDUAL BASIS IN ARBITRATION, AS SET FORTH IN THIS SECTION. THIS WILL PRECLUDE YOU FROM BRINGING ANY CLASS, JOINT, COLLECTIVE, REPRESENTATIVE, OR CONSOLIDATED ACTION AGAINST APPCAST, AND ALSO PRECLUDE YOU FROM PARTICIPATING IN OR RECOVERING RELIEF UNDER ANY CURRENT OR FUTURE CLASS, JOINT, COLLECTIVE, REPRESENTATIVE, OR CONSOLIDATED ACTION BROUGHT AGAINST APPCAST BY SOMEONE ELSE.

Most disputes that arise out of the use of the Service can be resolved quickly, informally, and with mutual satisfaction by reaching out to us at contact@appcast.io.

If any dispute remains unresolved after that process, however, you and Appcast agree to have all disputes resolved by arbitration, which shall be final and binding on both parties, except disputes (i) that may be brought in an individual action in small claims court, (ii) that relate to the ownership or enforcement of intellectual property rights, or (iii) that relate to the processing of your personal data, and are subject to privacy and data protection laws, which shall be governed by the terms in our Privacy Policy. In addition, you and Appcast each retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights. In any such case, your waiver of the right to a jury trial and the class action waiver set forth in this Agreement shall continue to apply.

“Dispute” includes any dispute, action, or other controversy, whether based on past, present, or future events, between you and Appcast concerning the Service or Terms, whether in contract, tort, warranty, statute, regulation, or other legal or equitable basis. You and Appcast empower the Arbitrator with the exclusive authority to resolve any dispute relating to the interpretation, applicability or enforceability of these terms or the formation of this contract, including the arbitrability of any dispute and any claim that all or any part of the Terms are void or voidable.

CLASS ACTION AND JURY TRIAL WAIVERS. BY ENTERING INTO THE TERMS, YOU AND APPCAST EACH EXPRESSLY WAIVE THE RIGHT TO A TRIAL BY JURY. ADDITIONALLY, YOU AND APPCAST AGREE THAT EACH MAY ONLY BRING CLAIMS AGAINST THE OTHER IN AN INDIVIDUAL CAPACITY AND THAT THERE SHALL BE NO RIGHT OR AUTHORITY FOR ANY CLAIMS TO BE ARBITRATED OR LITIGATED IN ANY PURPORTED CLASS, JOINT, COLLECTIVE, REPRESENTATIVE, OR CONSOLIDATED PROCEEDING OR ON BASES INVOLVING CLAIMS BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY OR ON BEHALF OF THE GENERAL PUBLIC, OTHER USERS, OR ANY OTHER PERSONS. As such, you and Appcast acknowledge and agree that each waives any right to participation as a plaintiff or a class member in a class action litigation or arbitration, or in any other collective or consolidated action, with respect to these terms. Neither you nor Appcast may be a representative of any other potential claimants or class of potential claimants in any such dispute, nor may two or more users’ disputes be consolidated or otherwise determined in one proceeding. This will also preclude you and Appcast from participating in or recovering relief under any current or future class, joint, collective, representative, or consolidated action brought by someone else.

A. Rules and Governing Law. The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the AAA’s Consumer Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (“AAA Rules”) then in effect, except as modified by this Arbitration Agreement. The AAA Rules are available at www.adr.org or by calling the AAA at 1-800-778-7879.

Notwithstanding any choice of law or other provision in the Terms, the parties agree and acknowledge that this Arbitration Agreement evidences a transaction involving interstate commerce and that the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA”), will govern its interpretation and enforcement and proceedings pursuant thereto. It is the intent of the parties that the FAA and AAA Rules shall preempt all state laws to the fullest extent permitted by law. If the FAA and AAA Rules are found to not apply to any issue that arises under this Arbitration Agreement or the enforcement thereof, then that issue shall be resolved under the laws of the State of Delaware.

B. Initiating Arbitration. A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration – Consumer Arbitration Rules at adr.orgor by calling the AAA at 1-800-778-7879.) The Arbitrator will be selected by the parties from the AAA’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an Arbitrator within seven (7) days of delivery of the proposed list of arbitrators by the AAA, then the AAA will appoint the Arbitrator in accordance with the AAA Rules.

C. Location and Procedures.If the claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and Appcast submit to the Arbitrator, unless you request a hearing and the Arbitrator determines that a hearing is necessary. If the claim exceeds $10,000, arbitration may be conducted in person, through the submission of documents, by phone, or online, and your right to a hearing will be determined by the AAA Rules. Proceedings that cannot be conducted through the submission of documents, by phone, or online, will take place in Delaware or in another jurisdiction to which you and Appcast agree in writing. Subject to the AAA Rules, the Arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.

D. Arbitrator’s Decision. The Arbitrator will render a written award within the time frame specified in the AAA Rules and shall provide a written decision with a statement of reasons if requested by either party. The Arbitrator may award declaratory or injunctive relief, but only in favor of the individual claimant, but only to the extent necessary to provide relief warranted by the claimant’s individual claim. The Arbitrator shall not have authority to entertain any claim on behalf of a person who is not a named party, nor shall the Arbitrator have authority to make any award for the benefit of, or against, any person who is not a named party. The Arbitrator’s decision shall be final and binding on all parties. The Arbitrator’s decision and judgment thereon shall have no precedential or collateral estoppel effect.

You and Appcast agree to submit to the exclusive jurisdiction of the federal or state courts located in Delaware in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.

E. Fees. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. Appcast will reimburse those fees for claims totaling less than $10,000 unless the Arbitrator determines the claims are frivolous or brought for an improper purpose (based on the standards set forth in Federal Rule of Civil Procedure 11(b)). Likewise, Appcast will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous or brought for an improper purpose (based on the standards set forth in Federal Rule of Civil Procedure 11(b)). The right to recover attorneys’ fees and expenses set forth in the Terms supplements any right to attorneys’ fees and expenses you may have under applicable law. You may not, however, recover duplicative awards of attorneys’ fees or costs.

F. Severability. If any part of this Arbitration Agreement, other than the class action waiver, is deemed or found to be unenforceable for any reason, the remainder shall be enforceable. The class action waiver is non-severable and if it is deemed or found to be unenforceable for any reason, the whole Arbitration Agreement shall be null and void.

G. Disputes with an Employer. You are solely responsible for your interactions with an employer. Appcast reserves the right, but has no obligation, to become involved in any way with disputes between you and an employer.

14. Miscellaneous 

14.1.  Amendment of these Terms. Appcast reserves the right to amend these Terms by posting the amended versions on our website. You agree that the foregoing will constitute sufficient and effective notice. By continuing to use the Service more than 30 days after we post an amended version, you confirm your acceptance of the Terms as amended. If you do not agree with any of the changes, you must immediately stop using the Service.

14.2.  Severability. You and Appcast agree that if any portion of these Terms is found unlawful or unenforceable, in whole or in part, that provision will be ineffective only to the extent of such finding and as to such jurisdiction, without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of these Terms, which will be enforced to the fullest extent of applicable law.

14.3.  Choice of Law; Venue. You and Appcast agree that these Terms and any dispute of any nature that might arise between you and Appcast will be governed by and construed in accordance with the laws of the state of Delaware, without giving effect to its conflict or choice of laws principles. You and Appcast agree that any action at law or in equity that is not subject to the arbitration clause in Section 2 above shall be filed, and that venue properly lies, only in the state or federal courts located in  Delaware, United States of America, and you and Appcast expressly consent and submit to the exclusive and personal jurisdiction of such courts for the purposes of litigating such action.

14.4.  Entire Agreement. These Terms, including any additional policies referenced in the Terms, are the entire agreement between you and Appcast.  They supersede all prior and/or contemporaneous understandings, regardless of the medium (oral, written, or electronic) and practice (custom, policy, course of business, precedent) by which such understandings were communicated.

14.5.  No Waiver. Our failure to enforce any right or provision in these Terms shall not constitute a waiver or relinquishment of such right or provision unless acknowledged and agreed to by us in writing.

14.6.  Notices to Appcast. All notices given by you or required from you under these Terms must be in writing and addressed to us at the address set forth below in the Contact Information section, below. Any notices that you provide without compliance with this subsection will have no legal effect.

14.7.  Contact Information. If you have questions, complaints, or claims with respect to the Terms, please direct such communications to:

Email address: contact@appcast.io
Postal address: 10 Water Street, Lebanon, NH 03766
Phone number: 1 (800) 570-5430