Firstory Terms of Service and Usage Policy

Terms of Service

Preamble and Consent

These Terms of Service set forth the conditions and rights and obligations between you and Firstory Ltd., also known as Gill Technology Co., Ltd. (hereinafter referred to as "Firstory"), regarding your download, installation, registration, login, and use of Firstory services (see Definitions). Please read carefully to protect your rights.

When you initially register for a Firstory account and access the webpage displaying the "Firstory Terms of Service," if you continue to register, log in, and use Firstory services, it shall be deemed that you (or your legal representative) have, within a reasonable review period, carefully reviewed and fully understood each term of service (including Firstory User Policy, Privacy Policy, Intellectual Property Rights Policy, and Royalty Redemption Terms of Service, hereinafter the same), and agree to comply with the aforementioned terms of service and policies.

• You must be at least 20 years old or have reached the legal age of majority in your jurisdiction to continue registering, logging in, and using Firstory services.
• If you have not reached the aforementioned legal age, please obtain consent from your legal representative (such as parents or legal guardians) before registering, logging in, and using Firstory services.

These Terms of Service constitute the general rights and obligations between you and Firstory. If any content in these Terms of Service conflicts with the User Policy, Privacy Policy, Intellectual Property Rights Policy, or other special terms, the special terms or policies shall prevail.

If any provision is deemed invalid, illegal, or unenforceable, such invalidity, illegality, or unenforceability shall not affect other provisions, which shall remain in full force and effect.

Definitions

• Firstory Services: The Firstory services referred to in these Terms of Service are network services provided by Firstory through its service software (Firstory App) and service website (https://studio.firstory.me/).
• Firstory Group companies and successor companies have the right to make changes to the aforementioned software and website (including but not limited to renaming, changing domain names, and adding service content).

• Firstory Group: Refers collectively to Firstory and its affiliated enterprises.

• Firstory Services and Its Software/Website: A collective term for Firstory Hosting services, Firstory Podar service software, and Firstory service website.

Service Provider and Changes to Terms of Service

You agree that Firstory has the right to unilaterally decide, based on its operational needs, to arrange or designate other Firstory Group companies, successor companies, or third-party companies authorized by Firstory to continue operating all or part of Firstory services and to continue applying these Terms of Service.

Firstory Group companies and successor companies may modify these Terms of Service at any time and may issue new terms, policies, regulations, and other content regarding Firstory services and its software/website.

• Where objectively possible, Firstory will notify you of modified terms of service or new content in an appropriate manner (e.g., website announcements or application messages).
• If you do not agree with the modified terms of service or new content, please do not continue to log in and use Firstory services.
• If you continue to log in or use, it indicates that you (or your legal representative) have carefully reviewed and fully understood the modified terms of service and agree to comply with the modified terms of service and new content.

Special Provisions for Individual Services

Firstory services and its software/website include information or information content links obtained by Firstory through various legal means, as well as other individual services legally operated by Firstory Group companies. These services may exist as separate sections within Firstory services and its software/website. Firstory has the right to add, reduce, or modify the settings and services of these special sections from time to time.

The aforementioned individual services may require you to simultaneously accept agreements specifically formulated for such services or other rules binding you and the service provider. Firstory will provide these agreements and rules in a prominent manner for your review. Once you begin using such services, you are deemed to simultaneously accept the binding terms of service for such individual services.

When you wish to use services provided by third parties or partners linked to Firstory services, in addition to complying with these Terms of Service, you should also comply with the relevant terms of service of such third parties or partners. Disputes, losses, or damages arising from such third-party or partner services shall be resolved between you and such third parties or partners and are unrelated to Firstory.

Downloading, Installing, Registering an Account, Logging In, and Using Firstory Services

To use Firstory services, you should download and install the official version of Firstory service software from Firstory or its partners, then register an account and log in. You may also register an account and log in from the official Firstory service website. If you attempt to use Firstory services through an unofficial version of Firstory service software or Firstory service website, any losses you incur are unrelated to Firstory.

Firstory may develop different versions of Firstory service software for different terminal devices (such as mobile phones and computers). You should obtain, download, install, and update the appropriate software version according to the actual device conditions. If you no longer need to use Firstory services, you may uninstall the software yourself.

To better improve user experience and services, Firstory will periodically provide Firstory service software updates (including but not limited to software modifications, upgrades, feature enhancements, development of new services, software replacements, etc.). To ensure the security of Firstory services and software and improve user services, after Firstory services and software are updated, where objectively possible, Firstory will notify you in an appropriate manner (e.g., website announcements or application messages). You have the right to choose to accept the updated version or service. If the user does not accept, some functions will be limited or cannot continue to be used.

You agree to lawfully use Firstory services in accordance with these Terms of Service or other terms, policies, and regulations published by Firstory services and its software/website. Unless you obtain Firstory's express prior written authorization, you may not store, reproduce, distribute, modify, publicly perform, publish, license, create derivative works, sell, or use (unless expressly authorized by these Terms of Service) the content and information contained in Firstory services or obtained from Firstory services and its software and website in any form.

You understand that to use Firstory services, you need to prepare terminal devices (such as mobile phones, computers, and other devices) related to Firstory services and its software and website. Once you activate Firstory service software on your terminal device or log in to the Firstory service website, it is deemed that you are using Firstory service software and Firstory services. To fully realize all functions of Firstory services, you need to connect your terminal device to the network and bear the necessary fees (such as data fees, internet fees, etc.).

Account and Security

• Without the consent or full authorization of authorized persons, you may not create accounts for anyone other than yourself.
• You have the right to choose a legal character combination that complies with Firstory User Policy as your account and set a password that meets security requirements.
• The account you set must not violate national laws and regulations and Firstory's terms, policies, regulations, etc.; illegal and inappropriate information must not appear in registration information and other personal information; you may not use another person's name to open an account without their permission; you may not maliciously register Firstory accounts. Firstory has the right to review the registration information you submit.

Account Rights and Restrictions

• The ownership and related rights of the account you register for Firstory services belong to Firstory. After completing registration procedures, you only have the right to use such account.
• Your account is limited to your personal use only. Without Firstory's written consent, it is prohibited to give, lend, rent, transfer, sell, or otherwise permit others to use such account in any form.
• If Firstory reasonably believes that multiple people are using the same Firstory account, Firstory has the right to immediately block such users and Firstory accounts without notice.

Password Custody and Handling of Unauthorized Use

• You may not spy on other people's login information or log in to other users' accounts, or engage in any behavior that endangers the security of other users' accounts.
• You may not share your password or other login data with others, or engage in any behavior that endangers the security of your account.
• You are fully legally responsible for all activities conducted under your registered account (including but not limited to data modification, posting comments, making payments, etc.).
• If you discover that someone is using your account without permission or any other security vulnerabilities occur, you should immediately notify Firstory.

When you finish using, you should log out safely. If your account or password is stolen due to improper custody, you bear the responsibility yourself. If your account is lost or you forget your password, you may notify Firstory to request immediate retrieval of your account or password. You understand and acknowledge that the password retrieval mechanism only needs to identify that the data provided by the requester is consistent with the system recorded data and cannot identify whether the requester is the true authorized user of the account.

One Account Per Person

Each user may only apply for one Firstory account. Account registration methods:

1. Register using a mobile phone number
2. Through a third-party platform account that you legally own

If Firstory reasonably believes that one person is using multiple Firstory accounts, Firstory has the right to immediately block such users and Firstory accounts without notice.

If you become aware that your account password is being used by others, you should immediately notify Firstory. Upon receiving notification, Firstory will suspend acceptance of subsequent operation instructions for such account. All losses incurred before you complete the procedure for reporting unauthorized use of account password shall be borne entirely by you.

Representing a Legal Entity

If you use Firstory services on behalf of a legal entity, you represent and warrant that you have full authority to sign contracts on behalf of the legal entity and that your representative authority remains valid.

Long-term Non-login

You understand and agree that if you do not log in and use your account for more than one consecutive year after registration, Firstory has the right to suspend or delete your account at any time, unless the laws of your jurisdiction or region provide otherwise, in which case such provisions shall apply.

Subscriptions and Donations

Based on support for Firstory services and its software or programs on the website, you can:

• Donate: Make a one-time donation of a single amount to the program host
• Subscribe: Pay a fixed amount to the program host at regular intervals during the subscription period

When you decide to donate or subscribe, you should select your desired donation/subscription plan and payment method. After you complete payment, Firstory will transfer the payment to the program host according to your designated plan.

You clearly understand and agree that your donations and subscriptions should be made only after careful consideration. Except as otherwise provided by law or these Terms of Service, Firstory has no obligation to provide you with refunds for any reason.

Firstory only serves as a platform for collecting and transferring donation/subscription payments to program hosts. If any legal disputes arise between you and the recipient of donation/subscription payments, Firstory has no obligation to assist in resolution or coordination.

You agree that we will only make necessary corrections and adjustments when there are errors in your account balance due to Firstory services and its software/website maintenance or other technical failures.

Invoice Notice Terms for Users in Taiwan

Please confirm whether you have provided an email address to receive electronic invoices. If not provided, our company will donate the invoice to social welfare organizations.

To send invoices, please provide the following information on the day of payment completion:

• Transaction date / Transaction number / Transaction amount / Name / Phone number / EMAIL / Payment method / Company name / Unified Business Number

Invoice delivery method: After confirming the success of your payment transaction, Firstory will send the issued electronic invoice to the EMAIL you provided. If you do not provide the above required information on the day of payment completion, it represents your consent to donate the invoice to social welfare organizations, and changes will not be accepted. Please understand.

To facilitate the handling of payment-related matters, in addition to the basic information required for issuing invoices mentioned above, when you agree to donate or subscribe, please also provide valid EMAIL or other contact information. Firstory will provide the above contact information to the program host receiving the donation.

Revenue Sharing Mechanism

If listeners donate to or subscribe to your program, the payments made by listeners will be recorded in your user account (hereinafter referred to as royalties). Please be sure to enter your own bank information in your user account to serve as the payment method for receiving relevant royalties.

When you receive donations or subscription payments through Firstory services and its software/website, Firstory will charge you a platform service fee. The calculation standards for such fees are as follows:

Platform Service Fee

• For listeners who choose to pay by "donation":
• Programs uploaded using Firstory Hosting: Firstory charges 20% of the donation amount as platform service fee.
• Programs not uploaded using Firstory Hosting: Firstory charges 40% of the donation amount as platform service fee.

• For listeners who choose to pay by "subscription":
• Programs uploaded using Firstory Hosting: Firstory charges 15% of the subscription amount as platform service fee.
• Programs not uploaded using Firstory Hosting: Firstory charges 35% of the subscription amount as platform service fee.

Withdrawal Process

Whenever you confirm that the royalties accumulated in your account exceed NT$3,000, you can apply to receive royalties through the system, and Firstory will transfer your royalties to the payment account information you entered each month.

If the bank transfer information you provided is incorrect, resulting in unsuccessful transfer for that month, Firstory will notify you to correct the bank information and transfer in the month following your completion of corrections.

Exchange Rate Conversion

If the currency of listener donations, subscriptions, or the currency received by the withdrawal party is not calculated in New Taiwan Dollars, the exchange rate conversion shall be based on the daily foreign currency reference exchange rate announced by the Taiwan Futures Exchange at the time the listener agrees to payment (based on the time calculated by Firstory services and its software/website).

Rule Changes

Actual setting and use of the aforementioned subscription, donation, and royalty functions in your account is deemed as your agreement to the relevant content in these Terms of Service.

If there are any changes to relevant regulations, Firstory will notify you of the modified regulations in an appropriate manner. If you do not agree with the modified regulations, please do not continue to use the above functions and please cancel the original settings; if you continue to use, it indicates that you also agree to the modified regulation content.

Effective July 17, 2024: Invoice Issuance and Tax Reporting

Effective July 17, 2024, all creators' subscription and single donation payment flows require full invoice issuance and tax compliance:

• Corporate Account Withdrawal:

If you have already or will apply to use a corporate bank account to withdraw donation income on Firstory, Firstory will assist your company with invoice issuance services and will not be affected by the following policy adjustments.

• Personal Account Withdrawal:

If you continue to use a personal bank account to receive subscriptions and single donations, starting from July 17, 2024, Firstory will issue full invoices on your behalf. Each payment flow will incur an additional 5% invoice issuance fee and will be reported as "Other Income (92)". This 5% amount is solely for invoice issuance fees, unrelated to Firstory platform service fees, and Firstory does not profit from this.

Disclaimer

You understand and agree that Firstory services and its software/website may be affected or interfered with by various factors and do not guarantee (including but not limited to):

• Merchantability, fitness for a particular purpose
• Being uninterrupted, timely, secure, reliable, or error-free; any software, services, or other materials obtained by users through the company meet user expectations
• Any errors in the software will be corrected

Regarding network information, account passwords, advertisements or promotions, etc. suspected of involving loans or other property matters, users should treat them with caution and make their own judgments; based on the aforementioned reasons, you suffer losses of profits, business reputation, data, or other tangible or intangible losses, Firstory shall not bear any direct, indirect, incidental, special, consequential, or punitive liability for damages.

You understand and agree that Firstory services and its software/website are provided as is based on existing technology and conditions. Firstory will make every effort to provide you with services and ensure service continuity and security. However, Firstory cannot foresee and prevent at all times the risks of information systems being attacked by external forces or third parties, including but not limited to force majeure, viruses, trojans, hacker attacks, system instability, third-party service defects, and various other security issues that may cause service interruptions, data loss, and other risks. When the aforementioned risks occur, Firstory will strive to repair them in a timely manner, but you agree that Firstory shall not be responsible for losses caused to users by such risks.

Users shall each comply with laws and the content of these Terms of Service (including Firstory User Policy) regarding their use of Firstory services. Firstory has no responsibility to actively investigate or handle illegal or infringing conduct by users. To the extent permitted by law, you agree not to claim any consequential, special, indirect, or incidental damages from Firstory (this clause does not limit Firstory's legal liability for gross negligence or intentional unlawful conduct).

Firstory bears no responsibility for theft or unauthorized use of credit cards for donations and subscriptions. User customers should strictly comply with and refer to each credit card company's correct management and usage methods for their credit cards and credit card usage records. Additionally, if Firstory determines there is a risk of unauthorized credit card use, it may restrict provision of Firstory services to the involved credit card.

Handling of Violations

For your suspected infringement, criminal activity, violation of these Terms of Service or other legal provisions, or verified intentional provision of false identity verification data, Firstory has the right to independently judge and, depending on the circumstances, terminate all or part of the services (including but not limited to advance warning, stopping publication and transmission of content, deleting published and transmitted content, restricting some or all account functions up to permanent account closure) and take appropriate legal remedies.

Firstory has the right to announce the handling results and has the right to decide whether to restore all or part of the services based on actual circumstances. Records of suspected infringement, criminal activity, or other violations of laws and regulations will be preserved and provided in accordance with law to competent authorities and network content protection organizations designated by them, cooperating with competent authorities in investigations.

For deleted content, Firstory will not restore it. If we suspend or delete your account, you fully understand and agree that you can no longer access all your data through your account.

If you cause third-party complaints or lawsuits due to violation of legal provisions or the content of these Terms of Service, you shall bear all legal responsibilities yourself. If your illegal or breach of contract conduct causes Firstory Group companies and successor companies to compensate any third party or be penalized by state agencies, you shall also fully compensate Firstory Group companies and successor companies for all losses incurred thereby (including but not limited to reputation loss and economic losses such as government fines, litigation costs, attorney fees, third-party compensation claims, etc.).

Changes, Interruptions, and Termination of Services

You understand and agree that Firstory, for overall operational needs, has the right to modify, interrupt, or terminate Firstory services and its software/website after announcement and notice, without being responsible to users or bearing any compensation liability.

Firstory services may sometimes be interfered with due to scheduled maintenance or updates, emergency repairs, communication link and/or equipment failures, or any other reasons. In such circumstances, we will not be liable for damages to you for any modification, suspension, failure, disabling, or cessation of Firstory services, or loss of content you published, or any other form of damage.

If Firstory suspends your account, you may not create another account without Firstory's written consent.

Geographic Restrictions

We do not intend for information provided by Firstory services to be distributed or used in jurisdictions or countries where such distribution or use is deemed illegal by any person or entity. We have the right to restrict the use of all or part of Firstory services and its software/website at any time for any person, region, or jurisdiction at our sole discretion.

If your use of Firstory services is not permitted under the laws applicable to you, you must suspend your Firstory account and stop using Firstory services.

Transfer and Delegation

Without our prior written consent, you may not transfer or delegate all or part of the rights or obligations under these Terms of Service or any portion thereof to third parties. Any transfer or delegation you make without our prior written consent shall be invalid.

We may transfer or delegate all or part of the rights or obligations under these Terms of Service or any portion thereof to third parties without your consent.

Severability of Terms

If any provision in these Terms of Service conflicts with applicable law or is unenforceable, provided that removal of such provision does not affect the purpose of these Terms of Service, such conflict or unenforceability shall not affect other provisions and the effectiveness of these Terms of Service.

Confidentiality

Unless Firstory's prior written consent is obtained, during and after the use of Firstory services, users shall not disclose to third parties any technical, business, and other information of Firstory provided or disclosed by Firstory or its designated personnel, nor use it independently.

User Conduct Policy

You may not use or engage in any activities against Firstory services and its software/website that endanger computer network security or other infringing or illegal activities, including but not limited to:

Prohibited Activities (Network Security / Infringement and Illegal Activities)

• Illegally intruding into others' networks, interfering with normal network functions of others, stealing network data, and other activities that endanger network security.
• Providing programs and tools specifically used for intruding into networks, interfering with normal network functions and protective measures, stealing network data, and other activities that endanger network security.
• Attempting to modify, intrude, or interfere with the functions, data, integrity, and/or service interface of the Firstory service platform in any way.
• Attempting to use auxiliary programs, plug-ins, accelerators, modification programs, intrude into the Firstory platform, copy and change packet values, etc., in any way to affect platform operations or interfere with activity results.
• Using unnatural or erroneous bugs or loopholes to increase server burden or cause crashes, obtain virtual gifts and other benefits explosively, etc.
• Attempting to steal or modify platform data, user data, or steal others' accounts.
• Attempting to create derivative works or other intellectual property rights.
• Knowingly providing technical support, advertising promotion, payment settlement, and other assistance to others engaged in activities endangering network security.
• Using unauthorized data or entering unauthorized servers/accounts.
• Entering public computer networks or others' computer systems without permission and deleting, modifying, or adding stored information.
• Attempting to probe, scan, test weaknesses, or implement acts that undermine network security without permission.
• Attempting to interfere with or disrupt normal operations, intentionally spreading malicious programs or viruses, etc.
• Forging TCP/IP packet names or partial names.
• Reverse engineering, reverse assembling, compiling, or otherwise attempting to discover the source code of service software.
• Malicious registration of accounts (frequent, massive registration, etc.).
• Money laundering.
• Other behaviors that violate laws and regulations, Firstory terms, policies, and regulations, and infringe upon the legitimate rights and interests of others.

In any case, if Firstory has reason to believe that any of your conduct violates or may violate the above agreements, Firstory may independently make judgments and handle them, and at any time has the right to terminate provision of services to users without prior notice and pursue relevant responsibilities.

Unreasonable Requests and Improper Treatment

• You may not assist, encourage, cooperate with, or represent other users to make requests to Firstory that violate the terms of service or request special treatment from Podcasters.
• You may not defame, bully, abuse, harass, threaten, coerce, or impersonate other users or Firstory personnel in any form of expression.
• You may not assist, encourage, cooperate with, or represent other users to interfere with or manipulate the progress and results of related activities. If suspected of gambling or other infringing or illegal activities, you should bear legal responsibility yourself.

Content Publication Standards

Content you publish using Firstory services includes but is not limited to text, photos, videos, audio, etc. (e.g., posting, posting photos, live streaming, short videos, etc.). You should consciously comply with laws, regulations, and social good customs regarding the content you publish, otherwise Firstory will immediately take corresponding handling measures.

Content you publish using Firstory services must not include the following:

• Endangering national security, leaking state secrets.
• Inciting regional discrimination or regional hatred.
• Fabricating, spreading rumors, fraudulent information, false information, disrupting social order.
• Spreading, transmitting obscene, pornographic, gambling, violent, murderous, terrorist, or abetting criminal content.
• Endangering network security, using networks to engage in activities endangering national security.
• Insulting or threatening others in any form of expression.
• Spreading foul language, damaging public order and good customs.
• Infringing upon others' legitimate rights (privacy rights, name rights, portrait rights, reputation rights, trademark rights, copyrights, etc.).
• Posting, spreading, transmitting, broadcasting, publicly displaying, or exhibiting in any way private, licensed, proprietary, offensive, intimidating, violent, violence-inciting, nude, discriminatory, illegal, hateful, harassing, obscene, pornographic, or sexually suggestive content.
• Spreading commercial advertisements or similar commercial solicitation information, excessive marketing information, and spam.
• Without others' permission, secretly photographing or recording others, infringing upon others' legitimate rights.
• Content containing terror, violent gore, high danger, harm to performers' own or others' physical and mental health (including but not limited to):
• Any violent and/or self-harm content.
• Using dangerous instruments such as guns and knives to perform content endangering oneself or others.
• Inciting or inducing others to participate in dangerous or illegal activities that may cause personal injury or death.
• Death-related scenes: corpses, specimens, crime scenes.
• Using blurred or altered photos and videos that cannot identify you personally.
• Editing others' photos and text or adding, deleting, or covering them in a way that damages others' image or attracts negative comments.

Other restrictions:

• You may not use Firstory to provide sexual services, buy and sell illegal goods or drugs (even if such drugs are legal in your area).
• You may not use Firstory to incite or induce users to use other brand services.
• You may not create or upload unauthorized commercial or harassing messages (e.g., spam).
• You may not transmit any computer worms, viruses, spyware, malware, or other malicious code, or otherwise interfere with or disrupt operations.
• You may not alter or modify functions, integrity, and/or service interfaces, or create derivative works, crack, or attempt to extract source code or other intellectual property rights; nor may you use plug-in software, reverse compilation, or any improper means to use services.
• You may not restrict other users' use of services or interfere with user experience in any way.
• You may not assist or encourage anyone to violate the terms of service (including this policy).

Firstory has no obligation to pre-review or monitor content you publish through your account or interactions with other users; however, if violations are discovered or reports are received, Firstory has the right to investigate and review, and may remove, delete, cancel, edit, change, modify, and/or block your account and/or content you publish based on the results.

You are fully responsible for the content you publish and/or interactions (online/offline). You agree that Firstory Group companies need not be responsible for any user conduct; however, if we deem it appropriate, we may participate in disputes between you and other users.

Restrictions on Unauthorized Data Use and Reproduction

Without Firstory's written permission, you may not yourself or authorize, allow, or assist any third party to engage in the following activities regarding information content in Firstory services and its software/website:

• Storing, reproducing, or distributing information content for commercial purposes including but not limited to promotion, increasing reading volume, browsing volume, etc.
• Unauthorized editing, organizing, arranging information content and displaying it on channels outside the source page.
• Generating traffic, reading volume guidance, transfer, hijacking, and other adverse effects through special identifications, special codes, and other methods.
• Other illegal acquisition of information content.

After obtaining Firstory's written permission, your sharing, forwarding, and other actions regarding information and content should still comply with the following regulations:

• For popular words, hit rates, classifications, search volumes, click rates, reading volumes, and other data obtained or counted, without Firstory's prior written consent, you may not publicly display, provide, or disclose to third parties.
• You may not make any changes to the source webpage (including homepage link entrance) or obstruct display by shading, inserting, pop-ups, etc.
• Security measures should be taken to prevent third parties from illegally obtaining content in the form of "spider" programs, etc.
• Data content may not be used for purposes outside the permitted scope, sold for commercial use, or disclosed, provided to, or allowed for use by third parties.
• Other regulations formulated by Firstory for this purpose.

Advertising Authorization and Revenue Sharing Plans

Free Plan

By using our free plan, you automatically become our dynamic advertising insertion partner. This means you grant us the right to insert advertisements into your Podcast program, with the goal of promoting Podcast industry growth.

• All advertisements delivered to your program will share revenue with you based on the principle of NT$35 per thousand impressions (CPM).
• We promise fair calculation of revenue sharing to ensure you receive deserved compensation for your creation.

Paid Plans: Lite, Professional, Studio, and Enterprise Editions

Choosing our Lite, Professional, Studio, or Enterprise Edition plan grants you greater flexibility and control.

• You can choose to enable or disable advertising authorization, deciding whether to display advertisements in your Podcast program according to your preference.
• If you choose to enable advertising authorization, all advertisements delivered to your program will share revenue with you based on the principle of at least NT$35 per thousand impressions (CPM).
• We promise fair calculation of revenue sharing to ensure you receive deserved compensation for your creation.

We are committed to helping creators grow. Regardless of which plan you choose, we will provide platform and services to help you manage your program.

Data Licensing for AI Technologies

1. Definitions

The terms used in this Chapter are defined as follows:

1. AI Technologies: The development, training, testing, evaluation, and improvement of artificial intelligence, machine learning, or other similar technologies, including but not limited to speech recognition, speech synthesis, natural language processing, and generative models.
2. Service Use: Firstory's processing of your content using AI Technologies for the purpose of providing, operating, or improving Firstory product features (such as transcripts, chapter segmentation, summaries, search, recommendations, and content safety detection) for you or your listeners.
3. External Licensing: Firstory's provision, licensing, or sublicensing of your content to a third party for that third party's own AI Technologies purposes (including training its models).
4. Paid Plans: The Firstory Lite, Professional, Studio, and Enterprise Edition plans, as well as other hosting plans requiring payment of a subscription fee that Firstory announces in the future.
5. Free Plan: Any hosting plan other than those in the preceding subparagraph that you may use without paying a subscription fee.
6. Public Episode: Any episode that anyone can listen to without payment, without a subscription, and without an exclusive link.

2. License for Service Use (Applicable to All Plans)

2.1 You grant Firstory a worldwide, non-exclusive, royalty-free license to reproduce, store, transmit, analyze, and adapt your content and its metadata, and to process it using AI Technologies, for the purpose of Service Use.

2.2 The scope of the license in the preceding Section is limited to what is necessary to provide Firstory services, and does not include the following:

• (a) Using your content to train general-purpose generative models intended for unspecified uses.
• (b) External Licensing.

2.3 The license under this Section 2 is necessary for providing Firstory services and is not subject to the exclusion mechanism under Section 4.

Note: Where Firstory engages third-party model service providers (such as speech recognition services) to carry out processing for Service Use, Firstory shall contractually require such providers not to use your content to train their own models. A list of the service providers Firstory currently works with is published in the Privacy Policy.

3. External Licensing

3.1 (Paid Plans: No External Licensing)

For as long as you use a Firstory Lite, Professional, Studio, or Enterprise Edition plan, Firstory shall not carry out any External Licensing of your content.

This Section constitutes Firstory's guarantee to creators on Paid Plans and shall not be altered by any adjustment to Firstory's policies, by its operational needs, or by any agreement with a third party; nor may Firstory bring content on Paid Plans within the scope of External Licensing through any setting, any default value, or any separately obtained consent.

3.2 (Scope of License)

For the Public Episodes you publish during your use of the Free Plan, you grant Firstory a transferable and sublicensable (including through multiple tiers of sublicensing) right with respect to the uses set out in Section 2.1, so that Firstory may sublicense those Public Episodes to third parties for AI Technologies purposes.

3.3 (Plan Changes)

• (a) Upgrade from Free to Paid: From the time the upgrade takes effect, Firstory shall cease any new External Licensing of all of your content and shall, in accordance with Section 5, notify third parties that have received a license to stop further access. The upgrade does not affect training already completed as set out in Section 5.2.
• (b) Downgrade from Paid to Free: From the date the downgrade takes effect, all Public Episodes in your account fall within the scope of the license under Section 3.2.

4. Content-Level Exclusion Requests

4.1 This Chapter provides no general opt-out mechanism. However, in any of the following circumstances, you may request that Firstory exclude a specific episode from External Licensing:

• (a) The episode contains a third party's work or performance, and the scope of the license you obtained for that material does not extend to use for AI Technologies or to sublicensing.
• (b) A guest, co-host, or other identifiable participant featured in the episode expressly objects to their content being used for AI Technologies.
• (c) A court judgment, an order of a competent authority, or applicable law requires the exclusion.
• (d) The episode contains information that is protected by law and unsuitable for external distribution.

4.2 Upon receiving a request, Firstory shall cease any new External Licensing of that episode within 7 business days and shall proceed in accordance with Section 5.

4.3 Exclusion requests under this Section 4 may not be used as a general opt-out mechanism to circumvent Section 3.2; Firstory may require you to provide the necessary explanation of the grounds for your request.

5. Survival of Licenses and the Limits of Withdrawal

5.1 Where an upgrade under Section 3.3(a) occurs, an exclusion under Section 4 occurs, or you remove content from Firstory services, Firstory shall, within 30 days, cease any new External Licensing and delivery of that content and notify third parties that have received a license to stop further access.

5.2 However, you understand and agree that copies of content lawfully delivered to third parties before the preceding Section takes effect, as well as models, model weights, embeddings, or other derivative outputs on which third parties have completed training before that point in time, shall not lose their validity by reason of the circumstances in the preceding Section, and such third parties have no obligation to retrain, retroactively remove, or destroy such derivative outputs.

5.3 To mitigate the effects of the preceding Section, Firstory shall stipulate a license term in its External Licensing agreements, and the term of any single license shall not exceed 2 years; where such an agreement is renewed upon expiry, content for which licensing has ceased may not be included.

6. Excluded Scope: Never Subject to External Licensing

The following content falls outside the scope of External Licensing under Section 3 under any plan:

• (a) All content of creators on Paid Plans (Section 3.1).
• (b) Non-public episodes, including episodes available only to subscribers or paid members, unpublished drafts, and episodes distributed only through an exclusive link.
• (c) Episodes excluded under Section 4.
• (d) Content that does not meet the eligibility thresholds announced in the creator dashboard.
• (e) Content of creators in the regions specified in Section 9 for which separate consent has not been obtained.

7. Protection of Voice (Applicable to All Plans)

7.1 Firstory shall not license any third party to use your content for the purpose of reproducing or synthesizing the voice of a specific identifiable individual.

7.2 Firstory shall require its counterparties to assume the same obligation in its External Licensing agreements and shall require them to impose the same restriction on downstream parties when sublicensing.

7.3 The restrictions under this Section 7 do not vary by plan type, by setting, or by termination of a licensing agreement.

8. Your Representations and Warranties

8.1 You represent and warrant that, with respect to the content you upload to Firstory services, you have obtained all necessary rights, licenses, and consents, of a scope sufficient to support the license set out in Section 2, including but not limited to those from program guests, co-hosts, and the rights holders of any music used in the content.

8.2 If you use the Free Plan and publish Public Episodes, the scope of the representations and warranties in the preceding Section extends to the sublicensing set out in Section 3.2.

8.3 If you become aware that your content contains material for which you have not obtained the rights set out in the preceding two Sections, you shall submit an exclusion request in accordance with Section 4 or change the episode to non-public. Upon receiving such a request or becoming aware of such circumstances, Firstory shall cease External Licensing in accordance with Section 5.

9. Exceptions for Specific Regions

For creators whose principal place of business or residence is located in the European Economic Area, the United Kingdom, or other regions announced by Firstory, the license under Section 3.2 takes effect only upon separately obtaining their express consent; where such consent is not obtained, their content is not included in External Licensing, and this does not affect their use of the Free Plan.