Terms and Conditions of Use

1. Acceptance of terms

These Terms and Conditions of Use (hereinafter, "the Terms") govern access to and use of the Onion Podcasts platform (hereinafter, "the Platform"), accessible at onionpodcasts.com and through its mobile application.

By registering, accessing, or using the Platform, you acknowledge that you have read, understood, and accepted these Terms in their entirety. If you do not agree with any of them, please do not use the Platform.

These Terms constitute a binding agreement between you (hereinafter, "the User") and Mateu Llull, with NIF 41517924A and domiciled at Mallorca, Mallorca, Illes Balears, Spain (hereinafter, "the Owner"), operator of the Platform.

2. Description of the service

2.1. For content creators

Podcast hosting and distribution with automatic RSS feed generation.
Monetisation through paid subscriptions, with up to three tiers per podcast.
Subscription billing via Stripe Connect, with monthly or annual billing.
Publication of free and premium episodes (restricted by subscription tier).
Episode extras: additional content (PDF, audio, images) exclusive to subscribers.
Engagement tools: polls and comments section.
Private RSS feeds for paid subscribers.
Embeddable podcast player for external websites.

2.2. For listeners

Browsing and discovery of public podcasts.
Following podcasts and creators.
Episode playback with cross-device progress synchronisation.
Subscription to creators' premium content.
Access to episode extras with an active subscription.
Participation in comments and polls.
Access to public and private RSS feeds (for subscribers).

2.3. Anonymous access

Visitors may explore the public catalogue and listen to free episodes without registering. Registration is required to follow podcasts, comment, vote, subscribe to premium content, and access the mobile application.

3. Registration and user accounts

3.1. Registration requirements

Be at least 16 years of age.
Provide a valid email address.
Choose a secure password, or authenticate via Google OAuth or GitHub OAuth.
Accept these Terms and the Privacy Policy.

3.2. Account responsibility

The User is responsible for:

Maintaining the confidentiality of their access credentials.
All activities carried out through their account.
Immediately reporting any unauthorised use to contact@onionpodcasts.com.

3.3. Accuracy of information

The User warrants that the information provided is truthful, complete, and up to date. The Owner reserves the right to suspend accounts containing false or misleading information.

4. Types of user

4.1. Listeners

Registered users who use the Platform to discover, follow, and listen to podcasts, subscribe to premium content, comment, and vote in polls.

4.2. Creators

Registered users who may additionally create and manage podcasts, upload episodes, configure subscription tiers, and receive income through Stripe Connect.

To receive payments, the creator must complete the registration process on Stripe Connect (Express account), providing the information required by Stripe for financial regulatory compliance.

5. User content

5.1. Content ownership

Creators retain full ownership of the intellectual property rights over the content they publish on the Platform.

5.2. Licence granted to the Platform

By publishing content, the creator grants the Owner a worldwide, non-exclusive, royalty-free, sublicensable, and revocable licence to:

Host, store, reproduce, and distribute the content through the Platform, including via RSS feeds.
Reproduce the content through the embeddable player on external websites.
Make technical copies as necessary (backups, caching).
Display excerpts (titles, descriptions, cover art) for promotional purposes within the Platform.

This licence shall terminate when the creator deletes their content or their account, without prejudice to the technical time required to complete the deletion.

5.3. Creator warranties

By publishing content, the creator represents that:

They are the legitimate holder of the intellectual property rights or possess the necessary licences.
The content does not infringe any third-party rights.
The content complies with applicable law and the content policy set out in the Legal Notice.

5.4. Listener content

Comments, votes, and contributions by listeners are the property of their authors. By publishing them, the user grants a non-exclusive licence for their display within the context of the service.

6. Subscriptions and payments

6.1. Payment processing

All payments are processed by Stripe, Inc. through Stripe Connect. The Platform does not store nor has access to credit card details, bank account information, or payment instruments.

6.2. Subscription model

Creators may configure up to three subscription tiers per podcast, with monthly, annual, or both pricing options. Premium content is restricted to the corresponding tier.

6.3. Revenue distribution

The creator receives 90% of the amount, deposited directly into their Stripe Connect account.
The Platform retains 10% as a service fee.
Stripe fees (payment processing) are additional.

6.4. Billing

Monthly: automatic charge each month from the subscription date.
Annual: automatic charge each year from the subscription date.

Creator price changes shall only apply to new subscriptions and future renewals.

6.5. Subscription cancellation

Premium access shall be maintained until the end of the already-paid billing period.
No additional charges shall be made after cancellation.
Upon expiration of the period, access to premium content shall be automatically deactivated.

6.6. Refunds

As a general rule, no refunds are issued for subscriptions already billed, as access is maintained until the end of the billing period. However:

In the event of duplicate charges or errors, please contact contact@onionpodcasts.com.
Refunds shall be processed through Stripe.
Consumer rights under Royal Legislative Decree 1/2007 (TRLGDCU — Consolidated Text of the Spanish General Consumer Protection Act) shall apply.

7. Creator obligations

Content ownership: only publish content over which the creator holds the necessary rights. The creator shall be solely liable for any third-party claims.
Content legality: do not publish content that infringes applicable law.
Tax obligations: the creator is responsible for complying with their tax obligations (IRPF — personal income tax, VAT, or others). The Platform does not act as the creator's tax agent.
Stripe compliance: maintain their Stripe Connect account in good standing.
Accuracy: provide precise and non-misleading information about their podcast and subscriptions.

8. Listener and subscriber obligations

Not to share, redistribute, or resell premium content.
Not to share or transfer access credentials for private RSS feeds.
To use the Platform respectfully towards other users and creators.
Not to use automated systems (bots, scrapers) to access content.
To keep their payment information up to date.

9. Prohibited conduct

Using the Platform for any unlawful purpose.
Uploading content that infringes third-party intellectual property rights.
Harassing, intimidating, threatening, or defaming other users.
Creating multiple accounts for abusive purposes.
Attempting to gain unauthorised access to the Platform's systems.
Reverse engineering, decompiling, or disassembling the software.
Interfering with the normal operation of the Platform.
Impersonating another person or entity.
Sending unsolicited advertising or spam.
Circumventing security measures or access restrictions.

10. Intellectual property

The Platform, including its source code, design, logos, and interface, is the property of the Owner or its licensors and is protected by intellectual and industrial property legislation. Use does not grant the User any ownership rights.

11. Privacy and data protection

The processing of personal data is governed by our Privacy Policy, which forms an integral part of these Terms.

We do not use tracking or third-party cookies.
Web analytics are performed using Umami (self-hosted, no cookies, no personal data), only after explicit user consent.
Payment data is managed entirely by Stripe.
Your data is stored in the European Union (Germany).
You may exercise your GDPR rights in accordance with the Privacy Policy.

12. Suspension and termination

12.1. Suspension by the Owner

The Owner reserves the right to suspend or cancel accounts that breach these Terms, publish prohibited content, or use the Platform in an abusive manner. The user shall be notified whenever reasonably possible.

12.2. Voluntary account deletion

The User may request account deletion from their profile settings or via contact@onionpodcasts.com. This shall entail:

Erasure of personal data in accordance with the Privacy Policy.
Deletion of published content, except for data subject to legal retention obligations.
Cancellation of all active subscriptions.

13. Disclaimer of warranties

The Platform is provided "as is" and "as available". The Owner does not warrant that the service will be uninterrupted, secure, or error-free. This disclaimer does not affect consumer rights under mandatory applicable law.

14. Limitation of liability

To the maximum extent permitted by law, the Owner shall not be liable for indirect, incidental, special, consequential, or punitive damages. Total cumulative liability shall not exceed the amount paid by the User during the twelve (12) months preceding the event giving rise to the claim.

These limitations shall not apply where mandatory law does not permit them, including consumer rights (TRLGDCU — Consolidated Text of the Spanish General Consumer Protection Act).

15. Indemnification

The User agrees to indemnify the Owner against claims arising from breach of these Terms, infringement of third-party rights, or unlawful use of the Platform.

16. Governing law and jurisdiction

These Terms are governed by Spanish law. Both parties submit to the Courts and Tribunals of Palma de Mallorca.

Where the User qualifies as a consumer under Royal Legislative Decree 1/2007 (TRLGDCU — Consolidated Text of the Spanish General Consumer Protection Act), they may file a claim before the courts of their domicile.

EU Online Dispute Resolution platform: https://ec.europa.eu/consumers/odr.

17. General provisions

Entire agreement: These Terms, together with the Privacy Policy and the Legal Notice, constitute the entire agreement between the parties.
Severability: If any provision is declared void, the remaining provisions shall remain in full force and effect.
Assignment: The User may not assign their rights without the Owner's consent.
Waiver: Failure to exercise a right shall not constitute a waiver thereof.
Amendments: The Owner may amend these Terms with 30 days' prior notice for material changes, notified by email or by notice on the Platform.

18. Contact

Email: contact@onionpodcasts.com
Postal address: Mallorca, Mallorca, Illes Balears, Spain