Updated: 7th of March, 2024

1. General

The Expercast mobile applications and the Expercast website are owned and operated by Rivuspurus OÜ (Sepapaja 6, Tallinn 15551, Estonia; registry code 14016097).

In these Terms of Use, we will refer to the Expercast mobile applications, the Expercast website, and the content they provide, as the “Services”. Access and use of the Services are subject to these Terms of Use. By accessing or using any part of the Services, you represent that you have read, understood, and agree to be bound by these Terms of Use including any future modifications. Rivuspurus OÜ may, at its discretion, amend, update, or change these Terms of Use in the future. If you do not agree to be bound by these Terms of Use, do not access or use the Services.

The purpose of the Services is three-fold. At their core, the Services are aimed at both motivating and enabling users to acquire as much knowledge as possible during their downtime. With “downtime,” we mean moments during the day at which users’ eyes and/or hands are busy (which prevents them from reading), yet their minds are free to absorb knowledge. Examples of downtime include exercising, commuting, or doing housework. At a broader level, the Services are aimed at enabling the audio consumption of written material in any context, whether pertaining to downtime or not, and for any motive, whether educational or not. Finally, the Services are aimed at motivating and enabling users to share, with other users, links to their favorite web-based articles, by curating “expercasts” – i.e., by creating, and maintaining, ranked lists of article links, on topics chosen by the curator, which other users may subscribe to.

Rivuspurus OÜ may, at its sole discretion and at any time, update, change, suspend, make improvements to, or discontinue any aspect of the Services, temporarily or permanently.

Use of the Services is also governed by our Privacy Policy.

2. Who can use the Services

In order to use the Services, you must (1) be 13 years of age (or the equivalent minimum age in your home country) or older, (2) have parental or guardian consent if you are a minor in your home country, and (3) have the ability to enter into binding contracts with us and are not prohibited from doing so under applicable law.

If you do not meet the minimum age requirements, you cannot use the Services. If you are a minor in your home country, your parent or guardian must agree to these Terms on your behalf. If you are a parent or guardian of a minor, by allowing your minor to use the Services, you are subject to these Terms of Use and responsible for your minor’s activity in the Services.

As a parent or guardian of a minor, beware that links to essentially any text content on the Internet (blog posts, articles, etc.) can, technically, get added to expercasts. Our Terms of Use prohibit the adding of inappropriate content to curations, but such content may remain undetected for a while, and your minor could thus get exposed to it. In addition, even content that does not run afoul of our Terms of Use may nevertheless be unsuitable for minors. It is thus imperative for you to guide and monitor your minor’s selection of content within the Services.

3. Account creation and termination

Access and use of the Expercast mobile applications require the creation of a user account. You agree to abide by the Apple Media Services Terms and Conditions and Google Play Terms of Service, respectively, that apply to your country or region. 

You agree to be fully responsible for all use of your account and for any actions that take place through your account. 

As a registered user, you may receive emails from us related to your account, related to your use of the Services, as well as for promotional purposes. These emails may include recommendations to download free text-to-speech voices by Apple or Google, short tutorials on how to use various features of the Services, guidance on curation best practices, promotions for subscriptions to paywalled publications, and promotions of other educational products by Rivuspurus OÜ such as the N-Back Challenge. By creating an account, you agree to receive emails from us.

You can terminate your account by requesting for your account and its associated data to be deleted. You can request the deletion of your account and its associated data by visiting the in-app settings, opening the privacy controls view, and then tapping the account deletion button at the bottom of the view. Alternatively, you can reach out to us via email at [email protected].

Rivuspurus OÜ may limit, suspend, terminate, modify, or delete accounts or access to the Services or portions thereof if you are, or Rivuspurus OÜ suspects that you are:

• Failing to comply with any of these Terms or for any actual or suspected illegal or improper use of the Services, with or without notice to you;
• Creating risk or possible legal liabilities, infringing the intellectual property rights of third parties, or acting inconsistently with the letter or spirit of our Terms or policies.

Rivuspurus OÜ reserves the right to stop offering and/or supporting the Services or part of the Services at any time either permanently or temporarily, at which point your license to use the Services or a part thereof will be automatically terminated or suspended. In such an event, Rivuspurus OÜ shall not be required to provide refunds, benefits, or other compensation to users in connection with such discontinued elements of the Services.

4. Intellectual property rights

Expercasts are ranked lists of Uniform Resource Locators (URLs) which link to web-based content, such as articles, blog posts, Wikipedia entries, and the like. The content that is available on the websites where those article links point, may be protected by copyright or other laws. When you add an article to an expercast, please inform yourself about the copyright information and any other restrictions which the content may be subject to.

The Services are provided exclusively for your personal, noncommercial use, except if you are the owner of the intellectual property rights of all articles you curate or if you otherwise have permission to add those articles to your curation (for example, because of a license).

For content which you have a lawful right to access, our Services allow you to timeshift so that you can access that content at a time and in a format of your convenience. As a condition of your use of the Services, you must not use the Services to infringe any intellectual property rights. We reserve the right to delete the accounts of any users who we believe are violating any intellectual property rights, and we may take such action without prior notification to you.

You retain all of the intellectual property rights of your curated expercasts that belong to you, for example, the intellectual property of your decisions on what article links to include and in what order. However, we do require you to grant certain rights to Rivuspurus OÜ and other users of the Services: By curating expercasts, you grant to Rivuspurus OÜ a worldwide, non-exclusive, royalty-free, transferable, sublicensable license to use your curated expercasts (including to reproduce, distribute, modify, display, and perform them) for the purpose of operating, promoting, and improving the Services. You also grant to other users of the Services a worldwide, non-exclusive, royalty-free license to access your curated expercasts through the Services and to use them (including to reproduce, distribute, modify, display, and perform them) only as enabled by a feature of the Services. 

The licenses granted by you continue until the curated expercasts are removed. Once removed, the licenses will terminate, except where the operation of the Services, the use of curated expercasts permitted before your removal, or the law requires otherwise. You may remove curated expercasts from the Service at any time. You must remove your curated expercasts if you no longer have the rights required by these terms. If we reasonably believe that any of your curated expercasts (1) are in breach of this Agreement or (2) may cause harm to us, our users, or third parties, we reserve the right to remove or take down some or all of them. 

Rivuspurus OÜ owns the intellectual property rights of the Expercast mobile applications and the Expercast website, including the designs, graphics, and software. Subject to the terms of these Terms of Use, Rivuspurus OÜ grants you a non-transferable, non-exclusive license to download, install, and use the Expercast mobile applications on one or more interactive wireless devices that you own and control. You may not derive or attempt to derive the source code of all or any portion of the mobile applications, permit any third party to derive or attempt to derive such source code, or reverse engineer, decompile, or disassemble the mobile applications or any part thereof. Rivuspurus OÜ owns and shall retain all intellectual property rights and other rights in and to the mobile applications, and any changes, modifications, or corrections thereto.

5. Inappropriate use

You are responsible for your use of the Services and for any use of the Services made using your account. Our goal is to create an instructive and safe user experience for all users. To promote this goal, we prohibit certain kinds of conduct that may be harmful to other users or to us.

You agree not to make inappropriate use of the Services. Inappropriate use of the Services includes, but is not limited to, adding inappropriate content to our platform.

Users of the Services may add different types of content to our platform. This content may include, but is not limited to, your name, self-description, profile picture, curated article links, expercast titles, expercast cover, and expercast descriptions. The links in your curated expercasts point to content on web pages of your choosing and therefore the content on those web pages is included in the content whose appropriateness you must ensure. You are legally responsible for what you submit to the Services.

Inappropriate content includes, but is not limited to, content that is illegal; spam; excessively profane or violent; pornographic; threatening, harassing, or bullying; attacking other people on the basis of race, ethnicity, national origin, caste, sexual orientation, gender, gender identity, religious affiliation, age, disability, or serious disease; promoting terrorist organizations, violent extremist groups, or perpetrators of violent attacks; promoting or encouraging suicide or self-harm; promoting or encouraging use of illegal or recreational drugs; featuring or promoting child sexual exploitation; impersonating someone in a misleading or deceptive manner; and/or personal confidential information.

You are not allowed to add content if doing so infringes upon any copyrights. Also, it is prohibited to add content to the Services in an attempt to circumvent paywalls whereby third parties may restrict access to their content.

We may, but have no obligation to, monitor or review what content users add to our platform. We may remove content and/or delete your account without previous notice if inappropriate use is suspected by our team.

6. Notice for claims of copyright violations

Rivuspurus OÜ respects the rights of intellectual property owners. If you are a copyright holder or their agent, and you believe that any of the material which is available via our Services infringes your copyrighted work, please let us know.

Please include as much detail as possible to allow us to identify the facts or circumstances, including, where possible:

1. A physical or electronic signature of the owner (or person authorized to act on behalf of the owner) of the copyright that is allegedly infringed;
2. Specific identification of each copyrighted work claimed to have been infringed;
3. A description of where the material believed to be infringing is located in our Services (please be as detailed as possible to help us locate the material you are reporting);
4. Contact information for the complaining party, such as a complete name, address, telephone number, and email address;
5. A statement that the complaining party has a good faith belief that use of the work(s) in the manner complained of is not authorized by the copyright owner, their agent, or the law; and
6. A statement that the information in the notification is accurate and that the complaining party is the owner of the right that is allegedly infringed or their agent.

Rivuspurus OÜ may terminate the accounts of subscribers who are repeat infringers.

You can reach us 

By postal mail: Rivuspurus OÜ, Sepapaja 6, Tallinn 15551, Estonia
By email: [email protected]

7. Indemnification of Rivuspurus OÜ

You agree to defend, indemnify and hold harmless Rivuspurus OÜ and its directors, officers, employees, contractors, and suppliers, from and against any and all losses, claims, causes of action, obligations, liabilities, and damages whatsoever, including attorneys’ fees, arising out of or relating to your access or use of the Services, any false representation made to us (as part of these Terms of Use or otherwise), or your breach of any of these Terms of Use.

8. Third-party sites and services

The Services may contain links to third-party websites, services, or other events or activities that are not owned or controlled by Rivuspurus OÜ. We do not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access any third-party website, service, or content from Expercast, you understand that these Terms of Use and our Privacy Policy do not apply to your use of such sites. You expressly acknowledge and agree that Rivuspurus OÜ shall not be responsible or liable, directly or indirectly, for any damage or loss arising from your use of any third-party website, service, or content.

9. Disclaimers

The Services are provided to you on an “as is” basis. Rivuspurus OÜ makes no representations or warranties of any kind with respect to the Services, either express or implied, and all such representations and warranties, including warranties of merchantability, fitness for a particular purpose, or non-infringement, are expressly disclaimed. 

Rivuspurus OÜ takes no responsibility and assumes no liability for any content that you or any other person or third party makes available in our Services. You understand and agree that you may be exposed to content that is inaccurate, objectionable, inappropriate for minors, or otherwise unsuited to your purpose.

The Services may be unavailable or faulty due to errors, faults, or flaws, during periods of peak demand, system upgrades, malfunctions, or scheduled or unscheduled maintenance, or for other reasons. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

10. Limitation on types of damages/limitation of liability

In no event will Rivuspurus OÜ be liable to you or any third party claiming through you (whether based on contract, tort, strict liability, or other theory) for indirect, incidental, special, consequential, or exemplary damages arising out of or relating to the access or use of, or the inability to access or use, the Services or any portion thereof. Rivuspurus OÜ’s liability to you or any third party claiming through you for any cause whatsoever, and regardless of the form of the action, is limited to 10 Euro. This is an aggregate limit. Such limitations may not be applicable, if the local law of your residence forbids such limitations. The existence of more than one claim hereunder will not increase this limit.

11. Applicable law and dispute resolution

These Terms of Use, its subject matter, and Rivuspurus OÜ’s and your respective rights under these Terms of Use, as well as any claim, cause of action, or dispute arising out of or related to these Terms of Use, shall be governed by and construed under the laws of the Republic of Estonia.

If you have any concerns, please reach out to us via [email protected], and we will try to address your concerns. 

If any dispute arises out of or relating to these Terms of Use, the parties will attempt to settle it by mediation in good faith. The dispute shall be submitted to mediation before a mutually agreeable mediator, which cost is to be borne equally by the parties hereto. The mediation will start, unless otherwise agreed by the parties, within 28 days of one party issuing a request to mediate to the other. The mediation will take place in Tallinn, Estonia, and the language of the mediation will be English. 

If the dispute is not settled by mediation within 14 days of commencement of the mediation or within such further period as the parties may agree in writing, the dispute shall be finally settled by the Arbitration Court of the Estonian Chamber of Commerce and Industry in accordance with its rules. The arbitral tribunal shall be composed of a sole arbitrator. The seat of arbitration shall be Tallinn, Estonia. The language of the arbitral proceedings shall be English.

12. Changes to these Terms of Use

Rivuspurus OÜ keeps its Terms of Use under regular review and may amend them at any time. Rivuspurus OÜ places any updates on the Expercast website.