Terms of Service

These Terms of Service (the “Terms”) are a binding agreement between you and NiftyBot LLC (“NiftyBot,” “we,” “us,” or “our”) governing your access to and use of the June mobile application, the june.fm website, and any related products, features and services (collectively, the “Services”). By accessing or using the Services, you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Services.

Section 18 contains a binding arbitration agreement and class action waiver that affect your legal rights. Please read it carefully.

1. Eligibility

You must be at least 13 years old, and the age of digital consent in your jurisdiction if higher, to use the Services. If you are under the age of majority where you live, you may use the Services only with the consent of a parent or legal guardian who agrees to these Terms. You represent that you are not barred from using the Services under applicable law.

2. Accounts

You must create an account to use certain features, including by signing in with Apple. You agree to provide accurate information and keep your credentials secure, and you are responsible for all activity under your account. Notify us promptly at june.fm/contact of any unauthorized use. You may delete your account at any time in the app under Account → Delete account.

3. The Services

June discovers episodes from publicly available podcast feeds, organizes them into collections (“Flows”), provides recommendations, and generates text and spoken content using artificial intelligence. We may modify, suspend or discontinue any part of the Services, add or remove features, and impose limits on use, at any time and without liability to you. We do not guarantee that the Services, or any particular content, will be available at any time.

4. Third-Party Content

Podcasts, episodes, artwork, transcripts, feed data and other content made available through the Services are owned by their respective creators, publishers and licensors (“Third-Party Content”). Episodes are streamed or downloaded directly from publishers’ servers or their hosting providers. NiftyBot does not own, control, endorse or assume responsibility for Third-Party Content, which may be inaccurate, offensive or unavailable. You may access Third-Party Content solely for your personal, non-commercial use and subject to any terms imposed by its owner.

5. AI Features and Output

The Services include features powered by artificial intelligence, including June Chat, recommendations, descriptions and spoken briefings (“AI Features”). Output generated by AI Features (“Output”) may be inaccurate, incomplete, outdated or inappropriate and may not reflect the content of the underlying Third-Party Content. Output is provided for informational and entertainment purposes only and does not constitute professional, medical, legal, financial or other advice. You are solely responsible for your use of and reliance on Output.

6. Your Content

You retain any ownership rights you have in the messages, requests, voice input, preferences and other content you submit to the Services (“Your Content”). You grant NiftyBot a worldwide, non-exclusive, royalty-free, fully paid, transferable and sublicensable license to use, reproduce, store, process, modify, create derivative works of, and display Your Content to operate, provide, secure, develop and improve the Services, including our AI Features. You represent that you have all rights necessary to grant this license and that Your Content does not violate these Terms or applicable law.

If you provide feedback or suggestions about the Services, we may use them without restriction or compensation to you.

7. Fees, Payments and Subscriptions

Certain features of the Services may require payment of fees, including recurring subscription fees. Prices and applicable terms are presented at the point of purchase. Purchases made through the iOS app are processed by Apple and are subject to Apple’s terms and policies, including its refund policies. Subscriptions automatically renew for successive periods of the same length at the then-current price until cancelled. You may cancel at any time in your Apple account settings; cancellation takes effect at the end of the current billing period. Except as required by law or Apple’s policies, all fees are non-refundable. We may change prices, and price changes will apply to subsequent billing periods, subject to applicable law and platform rules. You are responsible for all applicable taxes. We may offer free trials or promotional pricing, which convert to paid subscriptions at the end of the trial unless cancelled.

8. Advertising

The Services may include advertising, sponsored content and promotions, which may be targeted based on your activity and other information as described in our Privacy Policy. You agree that we may display such content in connection with the Services, including alongside or within Third-Party Content, recommendations and Output.

9. Communications

You consent to receive communications from us electronically, including by email and in-app notifications, relating to your account, the Services, transactions, and, subject to applicable law, marketing and promotions. You may opt out of marketing emails by following the unsubscribe instructions in them. Electronic communications satisfy any legal requirement that communications be in writing.

10. Acceptable Use

You will not, and will not permit anyone else to:

• violate any applicable law or the rights of any person, including intellectual property and privacy rights;
• copy, scrape, crawl, harvest, resell, redistribute, sublicense or commercially exploit the Services, Output or Third-Party Content;
• reverse engineer, decompile, disassemble or attempt to derive the source code, models, prompts or underlying components of the Services, except to the extent such restriction is prohibited by law;
• circumvent, disable or interfere with security, rate limits, access controls or other protective measures;
• use the Services to develop a competing product, or to train or improve any artificial intelligence model other than as permitted by us;
• attempt to cause AI Features to generate unlawful, harmful, deceptive or infringing content;
• introduce malware, or overload or disrupt the Services or their infrastructure;
• access the Services through automated means not provided by us; or
• impersonate any person, misrepresent your affiliation, or use another person’s account.

11. Intellectual Property

The Services, including all software, models, designs, text, graphics, audio, the June name, character, voice and logos, and all related intellectual property rights, are owned by NiftyBot or its licensors. Subject to your compliance with these Terms, we grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to install and use the app on devices you own or control, and to access the Services, solely for your personal, non-commercial use. All rights not expressly granted are reserved.

12. Copyright Complaints

We respect intellectual property rights and respond to notices of alleged infringement under the Digital Millennium Copyright Act. If you believe content available through the Services infringes your copyright, send a notice to NiftyBot LLC, 169 Madison Ave STE 38317, New York, NY 10016, or through june.fm/contact, including: (a) your physical or electronic signature; (b) identification of the copyrighted work; (c) identification of the allegedly infringing material and information sufficient to locate it; (d) your contact information; (e) a statement that you have a good-faith belief that the use is not authorized by the copyright owner, its agent or the law; and (f) a statement, under penalty of perjury, that the information in the notice is accurate and that you are authorized to act on behalf of the copyright owner. Podcast publishers may also request removal of their content from the Services at the same address.

13. Third-Party Services

The Services may integrate with or link to third-party services, including Sign in with Apple, CarPlay and publishers’ websites. Your use of third-party services is governed by their terms and policies, and NiftyBot is not responsible for them.

14. Termination

We may suspend or terminate your access to the Services, or delete your account, at any time, with or without notice, for any reason, including if we believe you have violated these Terms. You may stop using the Services and delete your account at any time. Sections 4 through 6, 10 through 12, and 14 through 21 survive any termination.

15. Disclaimers

To the fullest extent permitted by law, the Services, Output and Third-Party Content are provided “as is” and “as available,” without warranties of any kind, express, implied or statutory, including warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy and quiet enjoyment, and any warranties arising from course of dealing or usage of trade. NiftyBot does not warrant that the Services will be uninterrupted, secure, error-free or free of harmful components, or that any Output or Third-Party Content will be accurate, reliable or available.

16. Limitation of Liability

To the fullest extent permitted by law, in no event will NiftyBot or its affiliates, members, managers, officers, employees, agents, licensors or service providers be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for any loss of profits, revenue, data, goodwill or use, arising out of or relating to these Terms or the Services, however caused and under any theory of liability, even if advised of the possibility of such damages. NiftyBot’s total liability for all claims arising out of or relating to these Terms or the Services will not exceed the greater of (a) the amounts you paid to NiftyBot for the Services in the 12 months preceding the event giving rise to the claim or (b) fifty U.S. dollars (US$50).

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

17. Indemnification

You will defend, indemnify and hold harmless NiftyBot and its affiliates, members, managers, officers, employees and agents from and against any claims, liabilities, damages, losses, costs and expenses, including reasonable attorneys’ fees, arising out of or relating to your use of the Services, Your Content, or your violation of these Terms or of any law or third-party right.

18. Dispute Resolution; Arbitration; Class Action Waiver

Informal resolution. Before filing a claim, you agree to contact us at june.fm/contact and attempt to resolve the dispute informally for at least 30 days.

Binding arbitration. Except for claims that qualify for small claims court and claims for injunctive relief relating to intellectual property, any dispute, claim or controversy arising out of or relating to these Terms or the Services will be resolved by final and binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules. The arbitration will take place in New York County, New York, or remotely, and judgment on the award may be entered in any court of competent jurisdiction. The Federal Arbitration Act governs this Section.

Class action waiver. You and NiftyBot agree that each may bring claims against the other only in an individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated or representative proceeding. You and NiftyBot waive any right to a jury trial.

Opt-out. You may opt out of this arbitration agreement by contacting us at june.fm/contact within 30 days after first accepting these Terms, stating your name and your intent to opt out.

If any part of this Section is found unenforceable, the remainder will apply, except that if the class action waiver is found unenforceable as to a claim, that claim will be resolved in court and not in arbitration.

19. Governing Law and Venue

These Terms are governed by the laws of the State of New York, without regard to its conflict of laws principles. Subject to Section 18, any action arising out of or relating to these Terms or the Services will be brought exclusively in the state or federal courts located in New York County, New York, and you and NiftyBot consent to their personal jurisdiction.

20. Apple App Store Terms

If you obtained the app from the Apple App Store: (a) these Terms are between you and NiftyBot only, not Apple, and NiftyBot, not Apple, is solely responsible for the app and its content; (b) your license to use the app is limited to use on Apple-branded products that you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions; (c) Apple has no obligation to furnish maintenance or support for the app; (d) in the event of any failure of the app to conform to an applicable warranty, you may notify Apple, and Apple may refund the purchase price, if any, and, to the maximum extent permitted by law, Apple has no other warranty obligation with respect to the app; (e) Apple is not responsible for addressing any claims by you or any third party relating to the app, including product liability claims, claims that the app fails to conform to legal or regulatory requirements, and claims under consumer protection, privacy or similar laws; (f) Apple is not responsible for the investigation, defense, settlement or discharge of any third-party claim that the app infringes intellectual property rights; (g) you represent that you are not located in a country subject to a U.S. Government embargo or designated as a “terrorist supporting” country, and are not listed on any U.S. Government list of prohibited or restricted parties; (h) you must comply with applicable third-party terms when using the app; and (i) Apple and its subsidiaries are third-party beneficiaries of these Terms and, upon your acceptance, will have the right to enforce these Terms against you as a third-party beneficiary.

21. General

These Terms, together with the Privacy Policy and any terms presented at the point of purchase, are the entire agreement between you and NiftyBot regarding the Services and supersede any prior agreements. We may amend these Terms at any time; the “Last updated” date above indicates when they were last revised, and your continued use of the Services after an amendment takes effect constitutes acceptance. If any provision is held invalid or unenforceable, the remaining provisions remain in full force and effect. Our failure to enforce any provision is not a waiver. You may not assign these Terms without our prior written consent; we may assign them without restriction. We are not liable for any delay or failure to perform caused by events beyond our reasonable control. Nothing in these Terms creates any partnership, joint venture, employment or agency relationship.

22. Contact Us