Terms of Service

Last Updated: May 8, 2025

These Terms of Service ("Terms") govern your use of the Sponsbay platform ("Service") operated by Sponsbay ("Company," "we," or "us"). By accessing or using the Service, you ("User," "you," or "your") agree to be bound by these Terms. If you do not agree, you may not use the Service.

1. Definitions

  • Company: Sponsbay, the entity providing the Service.
  • Service: The Sponsbay online marketplace and related tools for matching podcasters and brands, including dashboard, messaging, payment, and analytics features.
  • Podcaster: A User registering to offer podcast sponsorship inventory.
  • Brand: A User registering to purchase podcast sponsorships.
  • Match: A successful pairing of a Podcaster and a Brand on Sponsbay for a sponsorship campaign.
  • Campaign: The sponsorship agreement, negotiated deal terms, and deliverables defined between a Podcaster and a Brand.
  • Fees: The charges payable to Sponsbay for use of the Service.
  • Account: Your registered profile on Sponsbay, through which you access and use the Service.

2. Acceptance of Terms

By registering for an Account or otherwise using the Service, you agree to these Terms and to our Privacy Policy. We may update these Terms at any time; continued use of the Service after changes are posted constitutes acceptance of the revised Terms.

3. Eligibility & Account Registration

  • Eligibility: You must be at least 18 years old (or the age of majority in your jurisdiction) to use the Service.
  • Accurate Information: You agree to provide and maintain accurate, current, and complete registration information.
  • Account Security: You are responsible for safeguarding your login credentials and for all activity under your Account.

4. Use of the Service

  • Marketplace Matching: Brands may search for and propose to Podcasters; Podcasters may review and accept proposals to create Campaigns.
  • Communication: All negotiations and messaging must occur through the Sponsbay platform.
  • Performance: Podcasters agree to deliver agreed-upon ad reads, show notes placements, or other deliverables; Brands agree to provide creative assets and approvals in a timely manner.

5. Fees & Payments

  • Deal Fee (Brands): Brands pay a fee equal to 10%–20% of the total Campaign budget (sliding scale based on spend). Fees are invoiced and processed via Stripe Connect upon Campaign launch.
  • Subscription Plan (Brands): Alternatively, Brands may subscribe at €29 per month for unlimited Matches, advanced analytics, and dedicated support; subscription fees are billed monthly in advance.
  • Podcasters: No fees to join, bid on, or accept Campaigns.
  • Payouts: Podcasters may request Payouts of earned Campaign revenue once deliverables are confirmed. Payout processing times vary by method; Sponsbay is not liable for third-party delays.
  • Refunds & Cancellations: Once a Campaign is launched, fees are non-refundable. If a Campaign is canceled by mutual agreement before launch, the Brand may request a credit.

6. User Obligations

  • Lawful Use: You agree to comply with all applicable laws, rules, and regulations.
  • Prohibited Conduct: You shall not harass, defraud, or misrepresent yourself; attempt unauthorized access; or interfere with the Service's operation.
  • Content: You are solely responsible for any content you upload, transmit, or display.

7. Intellectual Property

All trademarks, logos, software, and content on the Service are owned by or licensed to Sponsbay. You are granted a limited, non-exclusive, revocable license to access and use the Service in accordance with these Terms.

8. Privacy

Your use of the Service is also governed by our Privacy Policy, which explains how we collect, use, and protect your personal data.

9. Warranty Disclaimer

The Service is provided "as is" and "as available," without warranties of any kind, express or implied. Sponsbay disclaims all implied warranties, including merchantability, fitness for a particular purpose, and non-infringement.

10. Limitation of Liability

To the maximum extent permitted by law, Sponsbay and its affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or relating to your use of the Service.

11. Indemnification

You agree to indemnify and hold harmless Sponsbay, its officers, directors, employees, and agents from any claims, liabilities, losses, and expenses (including attorneys' fees) arising from your use of the Service or your breach of these Terms.

12. Dispute Resolution

These Terms and any dispute arising out of your use of the Service shall be governed by the laws of the Netherlands. The courts of Amsterdam shall have exclusive jurisdiction.

13. Modifications to the Service or Terms

We may modify or discontinue the Service (or any part thereof) or these Terms at any time. We will notify you of material changes by posting updated Terms on the site or via email.

14. Force Majeure

Sponsbay shall not be liable for delays or failures in performance resulting from acts beyond our reasonable control, including natural disasters, war, terrorism, strikes, or failures of public infrastructure.

15. Severability

If any provision of these Terms is invalid or unenforceable, the remaining provisions will remain in full force and effect.

16. Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices published by Sponsbay, constitute the entire agreement between you and Sponsbay regarding your use of the Service.