Terms of Service

By creating an account, accessing, or using the Earmark Audio website or application (the "Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree, do not use the Service. If you are using the Service on behalf of an organization, you represent that you have authority to bind that organization, and "you" refers to both you and that organization.

You must be at least 18 years old, or the age of legal majority in your jurisdiction, to use the Service. The Service is not directed to, and we do not knowingly collect information from, anyone under 18.

Earmark Audio lets users follow YouTube channels and receive periodic, AI-generated recaps, summaries, and cross-source synthesis of publicly available video content from those channels ("Recap Content"). Recap Content is generated using automated systems, including large language models, applied to transcripts and publicly available metadata of third-party videos.

Recap Content is provided for informational and convenience purposes only. It is a summary and interpretation of third-party source material, not a substitute for watching the original video. We make reasonable efforts to attribute claims accurately to their original speakers and to preserve qualifying language used by the speaker, but Recap Content may contain errors, omissions, or misattributions inherent to automated summarization. You should not rely on Recap Content as a complete or perfectly accurate representation of the original video.

A significant portion of the content covered by the Service relates to health, fitness, nutrition, longevity, and similar topics discussed by third-party podcast hosts and guests. Nothing in the Service — including any Recap Content, claim summary, "triage" rating, or synthesis — constitutes medical, psychological, nutritional, financial, legal, or other professional advice, and nothing in the Service creates a provider-patient or advisory relationship of any kind.

Recap Content describes claims and opinions made by third parties in source videos; it does not represent Earmark Audio's endorsement, verification, or independent assessment of the truth, safety, or efficacy of any claim, protocol, supplement, dosage, or product mentioned. Always consult a qualified physician or other licensed professional before making any decision about your health, medications, supplements, exercise, or related matters, and never disregard professional medical advice or delay seeking it because of anything you read on the Service.

Earmark Audio is an independent product. We are not affiliated with, endorsed by, or sponsored by any YouTube channel, podcast, host, guest, or creator whose content is covered by the Service, unless we explicitly state otherwise in writing. References to any show, host, or guest are for identification and commentary purposes only. All trademarks, channel names, and likenesses remain the property of their respective owners.

The Service is offered on a free tier and a paid subscription tier ("Premium"), as described on our pricing page. Paid subscriptions are billed in advance on a monthly or annual basis, as selected at signup, through our third-party payment processor.

You agree not to:

The Service, including its design, software, original written commentary, synthesis, and the Earmark Audio name and logo, is owned by Viselio, LLC and protected by intellectual property laws. We claim no ownership over the underlying third-party video content that Recap Content is derived from; all rights in that original content remain with its respective creators and rights holders. We do not store, reproduce, or distribute full transcripts or substantial verbatim portions of source videos through the Service, and Recap Content is intended to constitute fair-use commentary, summary, and analysis of publicly available material.

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your own personal, non-commercial use.

The Service references and links to third-party video content hosted on YouTube and other platforms. We do not control, and are not responsible for, the availability, accuracy, or content of any third-party platform or video. Links to timestamped source material are provided for verification purposes; if the underlying video is removed, edited, or made private by its owner or by the hosting platform, the corresponding link or Recap Content may become inaccurate or unavailable, and we are not responsible for that change.

THE SERVICE AND ALL RECAP CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ACCURACY. WE DO NOT WARRANT THAT RECAP CONTENT WILL BE ACCURATE, COMPLETE, ERROR-FREE, OR THAT IT WILL FAITHFULLY REPRESENT THE VIEWS, INTENT, OR STATEMENTS OF ANY THIRD-PARTY SPEAKER IN EVERY RESPECT.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, VISELIO, LLC AND ITS OFFICERS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, DATA, OR GOODWILL, ARISING FROM OR RELATED TO YOUR USE OF THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL AGGREGATE LIABILITY FOR ANY CLAIM ARISING FROM THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100).

Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you.

You agree to indemnify and hold harmless Viselio, LLC from any claims, damages, liabilities, and expenses (including reasonable attorneys' fees) arising from your violation of these Terms or your misuse of the Service.

These Terms are governed by the laws of the State of Michigan, without regard to its conflict-of-laws principles. Any dispute arising from these Terms or the Service will be subject to the exclusive jurisdiction of the state or federal courts located in Michigan, and you consent to personal jurisdiction in those courts.

We may update these Terms from time to time. If we make material changes, we will provide notice through the Service or by email before the changes take effect. Continued use of the Service after changes take effect constitutes acceptance of the revised Terms.

You may stop using the Service and close your account at any time. We may suspend or terminate your access to the Service at our discretion, including for violation of these Terms, with or without notice. Provisions that by their nature should survive termination (including Sections 8, 10, 11, 12, and 13) will survive.

Questions about these Terms can be directed to: hello@viselio.ai