Terms of Service
Effective date: 27-Aug-2026
Last updated: 26-Aug-2026
1. Agreement to these terms
These Terms of Service ("Terms") govern your access to and use of mypodcastcreative.com and any related pages, forms, booking links, and content operated by Podcast Ads LLC, Ontario Canada limited liability company ("Podcast Ads", "we", "us", "our"). By accessing or using the Site, you agree to be bound by these Terms. If you do not agree, do not use the Site.
2. Eligibility
The Site is intended for business use by people aged 18 or over who have authority to act on behalf of the business they represent. By using the Site, you confirm that you meet these requirements.
3. What the Site is and is not
The Site is a marketing and informational resource. It describes services we may offer and allows you to request a call. Nothing on the Site is an offer capable of acceptance, and submitting a form or booking a call does not create a services relationship. A services relationship arises only when both parties sign a separate written agreement.
4. Booking a call
When you book a call, you agree to provide accurate information and to attend or cancel in a reasonable time. We reserve the right to decline, reschedule or cancel any booking, including where the enquiry falls outside our stated criteria, where a category is already committed to another client, or where production capacity is unavailable.
5. Services agreement takes precedence
If you engage us, the scope, fees, term, deliverables, revision process, intellectual property assignment, usage rights, confidentiality and termination provisions will be set out in a separate services agreement or statement of work. Where that agreement conflicts with these Terms, that agreement governs the services and these Terms continue to govern your use of the Site.
6. No guarantee of results
Any figures, timelines, case studies, testimonials, screenshots, or performance metrics shown on the Site describe specific past situations. They are not typical, not average, and not a promise or guarantee of any outcome. Advertising performance depends on your offer, product, market, pricing, landing pages, media buying, budget, seasonality, platform behaviour, and factors outside our control.
Any statement on the Site about continuing to work toward a result describes our working approach and the commitments we make in a signed services agreement. It is not a warranty of revenue, return on ad spend, lead volume, cost per acquisition or any other business outcome, and it is not a refund guarantee. The specific terms of any performance commitment are set out in the services agreement, and only that agreement is binding.
We do not provide legal, tax, accounting, medical or investment advice.
7. Your responsibilities
If you engage us, you are responsible for the accuracy and legality of anything you supply, including product claims, substantiation for those claims, brand assets, trademarks, customer reviews and any material you ask us to feature. You are responsible for your own compliance with advertising platform policies and applicable law, including the rules of Meta, Google, TikTok and any other platform on which the creative runs. Final approval of any asset before it runs rests with you.
8. Intellectual property in the Site
All content on the Site, including copy, layout, design, graphics, video, frameworks and methodology, is owned by Podcast Ads LLC or its licensors and is protected by intellectual property law. You may view and print pages for your own internal business use. You may not copy, reproduce, republish, scrape, frame, resell or create derivative works from any part of the Site without our prior written permission.
Third-party names, logos and trademarks appearing on the Site remain the property of their owners and are used for identification only. Their appearance does not imply endorsement, affiliation or partnership.
9. Deliverables and usage rights
Ownership of and licence to any creative we produce for you is governed exclusively by the signed services agreement. Nothing on the Site grants you any right to use creative shown as an example, and nothing in these Terms assigns you any rights in work that has not been commissioned and paid for under that agreement.
10. Third party platforms and links
The Site links to third-party services including our scheduling provider and hosted video. We do not control those services and are not responsible for their availability, content, terms or practices. This Site is not part of, endorsed by, or affiliated with Meta Platforms, Inc., Google LLC, YouTube, TikTok, Spotify or Apple Inc.
11. Testimonials and client references
Testimonials on the Site are given by real clients and reflect their individual experience. Some are edited for length or clarity, and some are shown with a first name or initial only at the client's request. Results described are specific to that client.
12. Acceptable use
You agree not to:
Use the Site for any unlawful purpose or in breach of these Terms
Attempt to gain unauthorised access to the Site, its servers or any connected system
Introduce malware or interfere with the operation of the Site
Scrape, harvest, mirror or systematically extract content or contact details
Submit false information, impersonate another person, or book calls in bad faith
Use the Site or its content to build or train a competing product or service
We may suspend or block access to the Site at any time where we reasonably believe these Terms have been breached.
13. Communications
By submitting your details, you agree that we may contact you by email, telephone or text about your enquiry. Marketing communications require your consent where the law requires it, and you may opt out at any time by using the unsubscribe link in any email or by replying STOP to a text message. Message and data rates may apply. Opting out of marketing does not affect messages relating to an active engagement.
14. Disclaimer of warranties
The Site and its content are provided on an "as is" and "as available" basis. To the fullest extent permitted by law, we disclaim all warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. We do not warrant that the Site will be uninterrupted, secure, error-free, or that any content is accurate, current or complete.
15. Limitation of liability
To the fullest extent permitted by law, Podcast Ads LLC and its members, officers, employees, contractors and agents will not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for any loss of profits, revenue, data, goodwill, business opportunity or anticipated savings, arising out of or connected with your use of the Site, whether based in contract, tort, statute or otherwise, and whether or not we were advised of the possibility of such loss.
Our total aggregate liability arising out of or connected with the Site will not exceed one hundred United States dollars (USD $100). Liability arising from a signed services agreement is governed by the limitation of liability clause in that agreement. Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited, including liability for fraud or fraudulent misrepresentation.
16. Indemnification
You agree to indemnify and hold harmless Podcast Ads LLC and its members, officers, employees, contractors and agents from any claim, demand, loss, liability, cost or expense, including reasonable legal fees, arising out of your use of the Site, your breach of these Terms, your violation of any law, or any material or claim you supplied to us.
17. Governing law and disputes
These Terms are governed by the laws of Ontario Canada, without regard to its conflict of laws rules.
Informal resolution first. Before starting any formal proceeding, you agree to contact us at [email protected] and allow 30 days to resolve the matter in good faith.
Arbitration. If the matter is not resolved, any dispute arising out of or relating to these Terms or the Site will be finally settled by binding arbitration administered by ADR Institute of Canada (ADRIC) under its commercial rules, seated in Ontario Canada, before a single arbitrator. Judgment on the award may be entered in any court of competent jurisdiction.
Class action waiver. Disputes will be brought in an individual capacity only, and not as a plaintiff or class member in any purported class, collective or representative proceeding. The arbitrator may not consolidate more than one person's claims.
Exceptions. Either party may seek injunctive or equitable relief in a court of competent jurisdiction to protect intellectual property or confidential information, and either party may bring a claim in small claims court where it qualifies.
Arbitration and class waiver clauses are enforced differently by state and are unenforceable against consumers in some jurisdictions. Confirm this section with counsel before publishing.
18. General
Severability. If any provision is found unenforceable, it will be modified to the minimum extent necessary or severed, and the remaining provisions will continue in force.
No waiver. A failure to enforce any provision is not a waiver of the right to enforce it later.
Assignment. You may not assign these Terms without our written consent. We may assign them in connection with a merger, acquisition, or sale of assets.
Entire agreement. These Terms, together with the Privacy Policy and any signed services agreement, are the entire agreement between you and us regarding the Site.
Force majeure. We are not liable for any failure or delay caused by events beyond our reasonable control.
Survival. Sections covering intellectual property, disclaimers, limitation of liability, indemnification and governing law survive termination.
19. Changes to these Terms
We may revise these Terms at any time. The effective date at the top shows when they were last revised. Continued use of the Site after a change means you accept the revised Terms.
20. Contact
Podcast Ads LLC, Email: [email protected].