Particle Data Platform Product Schedule A: Podcast Intelligence API

This Product Schedule supplements and forms part of the Particle Data Platform Terms of Service.

A.1 DESCRIPTION AND DEFINITIONS

A.1.1 Description. The Podcast Intelligence API provides programmatic access to podcast analytics, insights, metadata, transcripts, and audio clips derived from publicly available podcast episodes. Particle ingests and processes podcast content from publicly available sources using artificial intelligence and natural language processing technologies.

A.1.2 Definitions. The following definitions apply to this Product Schedule and supplement the definitions in the API Terms:

(a) "Podcast Content" means third-party audio content sourced from external podcast publishers and made available through the Podcast Intelligence API.

(b) "Clips" means AI-generated audio excerpts of Podcast Content, typically limited in duration and selected or produced by Particle's automated systems.

(c) "Transcripts" means machine-generated textual representations of Clips or other Podcast Content produced by Particle's automated systems.

(d) "Derived Content" means all outputs generated by Particle from or in connection with Podcast Content, including Clips, Transcripts, metadata, analytics, summaries, and other materials, but excluding the underlying Podcast Content itself.

(e) "Content Sources" means the third-party podcast creators, publishers, distributors, and platforms from which Particle sources Podcast Content.

A.2 CONTENT SOURCES AND FAIR USE

A.2.1 Customer acknowledges that: (a) Particle may not hold licenses from Content Sources for the Podcast Content that Particle ingests and processes in connection with the Podcast Intelligence API; (b) Particle accesses and processes Podcast Content from publicly available sources and delivers Derived Content to Customer through the Podcast Intelligence API; and (c) Particle's ability to ingest, process, and generate Derived Content from such Podcast Content is based on Particle's own assessment of its rights, including under the fair use doctrine and other applicable legal principles, which assessment may not be shared by the owners of the underlying Podcast Content.

A.2.2 Particle's decision to make Podcast Content available through the Podcast Intelligence API does not constitute legal advice, a legal opinion, or a representation that such content may be freely used by Customer for any purpose.

A.3 OWNERSHIP OF DERIVED CONTENT

A.3.1 Particle Ownership. As between Particle and Customer, Particle owns all right, title, and interest in and to the Derived Content, including the selection, arrangement, and presentation of such content and any algorithms, models, or processes used to generate it. For the avoidance of doubt, this ownership does not extend to the underlying Podcast Content, which remains the property of the applicable Content Sources.

A.3.2 Customer License. Subject to Customer's compliance with these API Terms, Particle grants Customer a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and display Derived Content within Customer's Application in accordance with these API Terms. This license terminates automatically upon termination of the API Terms or this Product Schedule.

A.4 CLIPS AND TRANSCRIPTS

A.4.1 Purpose. Clips and Transcripts are provided for purposes of commentary, criticism, research, news reporting, and informational use. Clips are designed to provide a brief, representative excerpt of a podcast episode and are not intended to serve as a substitute for the full episode.

A.4.2 Clip Restrictions. Customer will not use or display Clips:

(a) in a manner primarily designed or intended to serve as a substitute for listening to the full podcast episode from which the Clip was derived;

(b) in a manner that suggests endorsement by or affiliation with the podcast creator, host, or Content Source;

(c) in compilations, playlists, or sequential arrangements that replicate a substantial portion of any single podcast episode or series;

(d) for commercial advertising or promotional purposes unrelated to Customer's Application, except that this restriction shall not prohibit Customer's authorized use of Clips in connection with AI agents, automated systems, or programmatic workflows operating within the scope of Customer's permitted use under these API Terms;

(e) in any manner that is likely to compete with or diminish the market for the original podcast episode; or

(f) in connection with any product or service that positions itself as a replacement for or alternative to the original podcast.

A.4.3 Transcript Limitations. Customer acknowledges that Transcripts are generated by automated speech-to-text systems and may contain errors, omissions, or inaccuracies. Customer will not represent Transcripts as verbatim or authoritative records of the underlying audio content. If Customer displays Transcripts within Customer's Application, Customer must include a conspicuous notice indicating that the transcript was machine-generated and may contain errors.

A.4.4 No Downloading or Harvesting. Customer will not, and will not permit end users of Customer's Application to: (a) download, save, or locally store Clips or Transcripts outside of reasonable caching necessary for real-time display or operational functionality; (b) systematically harvest, scrape, or collect Clips, Transcripts, or other Derived Content; or (c) use automated means, including bots, crawlers, or scripts, to access or extract Podcast Intelligence API Output in bulk; provided, however, that this Section A.4.4(c) shall not prohibit Customer's use of AI agents, automated systems, or programmatic workflows to access the Podcast Intelligence API in accordance with Section A.4.5, subject to all applicable restrictions, rate limits, and usage quotas. Notwithstanding the foregoing, Customer shall not be required to delete Derived Content that has been automatically archived pursuant to Customer's standard electronic backup and disaster recovery procedures, provided that: (i) such retained data remains subject to the confidentiality and use restrictions of these API Terms; (ii) such data is not restored to any production environment or otherwise accessed for any purpose after termination; and (iii) such data is deleted in accordance with Customer's standard retention cycle.

A.4.5 AI Agent and Automated System Use.

(a) Permitted Use. Subject to Customer's compliance with these API Terms, Customer may integrate the Podcast Intelligence API with AI agents, automated systems, and programmatic workflows for purposes of analytics, insights generation, content discovery, summarization, and similar functionality within Customer's Application.

(b) Applicable Restrictions. All AI agent and automated system activity is subject to: (i) all use restrictions set forth in these API Terms and this Product Schedule, including the restrictions in Section 3.4 of the API Terms; (ii) all applicable rate limits, usage quotas, and technical restrictions, with AI agent requests counted against Customer's allocated limits; (iii) the attribution requirements in Section A.7; (iv) the prohibition on machine learning training in Section A.5.4; and (v) the restrictions on downloading, storage, and harvesting in Section A.4.4. AI agents may retain Derived Content in session context or short-term memory as reasonably necessary for real-time processing, but may not persistently store Derived Content beyond the operational requirements of the immediate session.

(c) Customer Responsibility. Customer is solely responsible for all activity conducted by or through Customer's AI agents and automated systems, including any access to or use of the Podcast Intelligence API and any violations of these API Terms resulting from such activity. Customer shall implement and maintain reasonable technical and operational safeguards to prevent AI agents from circumventing, exceeding, or otherwise violating the use restrictions, rate limits, and other requirements of these API Terms.

(d) Suspension. Particle may, in its sole discretion and without liability, immediately suspend or terminate Customer's access to the Podcast Intelligence API if Particle reasonably believes that Customer's AI agent or automated system activity: (i) violates or is likely to violate these API Terms; (ii) is designed or operated to circumvent rate limits, usage quotas, or other technical restrictions; (iii) poses a risk to the security, integrity, or availability of the API Services; or (iv) adversely impacts other customers' use of the API Services.

(e) Indemnification. Without limiting Customer's indemnification obligations under Section 7.1 of the API Terms or Section A.10 of this Product Schedule, Customer's indemnification obligations expressly extend to any Claims arising from or related to Customer's AI agent or automated system activity, including Claims arising from the content, outputs, or actions generated by such systems using Podcast Intelligence API Output.

(f) No Warranty. Particle makes no representation or warranty regarding the suitability, reliability, or performance of the Podcast Intelligence API for AI agent integration or automated system use. Customer assumes all risk associated with such integration.

A.5 AI-GENERATED CONTENT PROVISIONS

A.5.1 Automated Generation. Customer acknowledges that Derived Content, including Clips, Transcripts, summaries, and analytics, may be generated in whole or in part by Particle's automated artificial intelligence systems without human editorial review. The selection, clipping, transcription, and summarization of Podcast Content may be performed algorithmically. Certain Derived Content, such as metadata, may be sourced or generated without the use of artificial intelligence.

A.5.2 No Reliance. Derived Content is provided for informational purposes only. Customer will not, and will ensure that end users of Customer's Application do not, rely on Derived Content as a sole or primary source of information for any purpose where accuracy is material, including financial, legal, medical, or safety-related decisions.

A.5.3 Recommendation and Personalization. The Podcast Intelligence API may employ recommendation algorithms and personalization features that influence which Podcast Content, Clips, or Derived Content is surfaced in response to API requests. Particle does not guarantee that such recommendations are neutral, comprehensive, or free from bias.

A.5.4 No ML Training. Customer will not use Derived Content, Clips, Transcripts, or any other Podcast Intelligence API Output to train, fine-tune, validate, or otherwise develop any machine learning model, neural network, artificial intelligence system, or similar technology.

A.6 THIRD-PARTY CONTENT

A.6.1 No Control. Particle does not control, endorse, sponsor, or assume responsibility for any Podcast Content created by Content Sources. The views, opinions, and statements expressed in Podcast Content are solely those of the applicable Content Sources and do not reflect the views of Particle.

A.6.2 No Endorsement. The inclusion of any Podcast Content in the Podcast Intelligence API does not constitute Particle's endorsement, recommendation, or approval of the content, the Content Source, or any product, service, or opinion referenced therein.

A.6.3 Defamation Safeguard. Customer acknowledges that Podcast Content, Clips and Transcripts reflect the speech and views of third-party Content Sources. Particle is not the author, speaker, or publisher of the underlying Podcast Content and assumes no liability for any defamatory, misleading, offensive, or otherwise objectionable statements contained in the Podcast Content. To the extent Clips or Transcripts present excerpted content that may lack full context, Customer is responsible for ensuring that the manner in which such content is displayed does not create a false or misleading impression.

A.7 ATTRIBUTION

A.7.1 Attribution Requirements. In addition to the general attribution requirements in Section 3.3 of the API Terms, when Clips, Transcripts, or other Derived Content are displayed or made available to individuals outside of Customer's internal organization, Customer must include the following clear and conspicuous attribution for each Clip, Transcript, or Derived Content displayed within Customer's Application, where such information is included in the API Output:

Source Identity: the podcast series name, episode title, and the name of the podcast creator or host;

Direct Link: a functional hyperlink to the original episode on its native platform, where such link is provided in the API Output; and

AI Disclosure: a visible notice stating: "This [Clip/Transcript] was generated by Particle's automated systems."

A.7.2 Non-Compliance and Enforcement. Particle reserves the right, upon reasonable advance notice, to audit Customer's Application for compliance with the attribution requirements set forth in Section A.7.1. If Particle identifies a deficiency, Customer will have three (3) business days to cure the non-compliance following written notice from Particle.

A.7.3 Suspension of Access. Failure to provide required attribution or include the mandatory AI Disclosure notice constitutes a material breach of this Product Schedule. Particle may, at its sole discretion, suspend or terminate Customer's API credentials without further notice or liability if Customer fails to cure any attribution deficiency within the cure period specified in Section A.7.2.

A.7.4 Attribution Indemnification. Without limiting Customer's indemnification obligations under Section 7.1 of the API Terms or Section A.10 of this Product Schedule, Customer shall indemnify, defend, and hold harmless Particle Indemnitees from and against any and all Claims, losses, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from or related to: (a) Customer's failure to include the required attribution, source links, or AI Disclosure notices as set forth in Section A.7.1; (b) any third-party claim for copyright infringement, right of publicity violation, false endorsement, or misattribution arising from Customer's display or distribution of Clips, Transcripts, or Derived Content without the required attribution; or (c) any end user's exposure to Clips, Transcripts, or Derived Content through Customer's Application where Customer has failed to comply with the attribution requirements of Section A.7.1. Customer's obligations under this Section A.7.4 shall apply regardless of whether Customer's failure to provide required attribution was intentional, negligent, or inadvertent.

A.8 DMCA AND COPYRIGHT COMPLIANCE

A.8.1 Takedown Notices. If Particle receives a notice of claimed copyright infringement under the Digital Millennium Copyright Act (17 U.S.C. § 512) or any equivalent legal process relating to Podcast Content available through the Podcast Intelligence API, Particle may immediately remove or disable access to the affected content without prior notice to Customer.

A.8.2 Customer Compliance. Upon receiving notice from Particle that specific content has been removed or disabled, Customer will promptly remove the affected content from Customer's Application. Customer's failure to do so within forty-eight (48) hours of notice constitutes a material breach of these API Terms.

A.8.3 Counter-Notices. Customer may not submit counter-notices on behalf of Particle in response to DMCA takedown notices. If Customer believes that content was removed in error, Customer may notify Particle in writing, and Particle will evaluate the matter in its sole discretion.

A.8.4 Repeat Infringer Policy. Particle maintains a policy of terminating the API access of any Customer who is determined, in Particle's sole discretion, to be a repeat infringer of third-party copyrights or other intellectual property rights. Two or more valid takedown notices relating to content displayed by Customer, regardless of whether the underlying claim is ultimately resolved in Customer's favor, may result in immediate termination of Customer's API access.

A.9 ENHANCED DISCLAIMERS

IN ADDITION TO THE DISCLAIMERS IN SECTION 6 OF THE API TERMS, CUSTOMER EXPRESSLY ACKNOWLEDGES AND AGREES THAT:

(a) THE PODCAST INTELLIGENCE API OUTPUT, INCLUDING CLIPS AND TRANSCRIPTS, IS DERIVED FROM THIRD-PARTY CONTENT THAT PARTICLE DOES NOT OWN OR LICENSE. PARTICLE MAKES NO REPRESENTATION THAT CUSTOMER'S USE OF PODCAST INTELLIGENT API OUTPUT WILL NOT GIVE RISE TO INFRINGEMENT CLAIMS BY CONTENT SOURCES OR THEIR LICENSEES.

(b) CLIPS MAY PRESENT PODCAST CONTENT OUT OF CONTEXT. PARTICLE MAKES NO WARRANTY THAT CLIPS ACCURATELY REPRESENT THE FULL MEANING, INTENT, OR CONTEXT OF THE ORIGINAL PODCAST EPISODE.

(c) TRANSCRIPTS ARE MACHINE-GENERATED AND MAY CONTAIN ERRORS, INCLUDING MISATTRIBUTED SPEAKERS, INACCURATE WORDS, AND MISSING CONTENT. PARTICLE MAKES NO WARRANTY OF ACCURACY, COMPLETENESS, OR FITNESS FOR ANY PARTICULAR PURPOSE WITH RESPECT TO TRANSCRIPTS.

(d) PODCAST CONTENT, CLIPS, AND TRANSCRIPTS MAY BECOME UNAVAILABLE AT ANY TIME DUE TO REMOVAL REQUESTS, LEGAL PROCESS, TECHNICAL ISSUES, OR CONTENT SOURCE CHANGES. PARTICLE HAS NO OBLIGATION TO MAINTAIN THE AVAILABILITY OF ANY SPECIFIC CONTENT.

(e) CUSTOMER ASSUMES ALL RISK ASSOCIATED WITH THE USE AND DISPLAY OF PODCAST INTELLIGENCE API OUTPUT WITHIN CUSTOMER'S APPLICATION. CUSTOMER IS SOLELY RESPONSIBLE FOR EVALUATING THE LEGAL BASIS FOR ITS OWN USE OF SUCH CONTENT.

A.10 PODCAST INTELLIGENCE API INDEMNIFICATION

Without limiting Customer's indemnification obligations under Section 7.1 of the API Terms, Customer will indemnify, defend, and hold harmless Particle Indemnitees from and against any Claims brought by Content Sources, podcast creators, publishers, distributors, or other rights holders arising from: (a) Customer's use, display, or distribution of Podcast Intelligence API Output within Customer's Application; (b) any allegation that Customer's use of Clips, Transcripts, or other Derived Content infringes copyright, violates publicity or privacy rights, constitutes defamation, or misappropriates any proprietary right; or (c) any end user's use of Podcast Intelligence API Output obtained through Customer's Application.

A.11 SERVICE CHANGES

Particle may modify, update, or discontinue any feature or functionality of the Podcast Intelligence API at any time, including the addition or removal of Content Sources, changes to Clip duration or availability, and updates to Transcript generation methods. Particle will use commercially reasonable efforts to provide advance notice of material changes but is not obligated to do so.

A.12 POST-TERMINATION OBLIGATIONS

A.12.1 Deletion of Derived Content. Upon the expiration or termination of these API Terms or this Product Schedule for any reason, Customer will, using commercially reasonable efforts, promptly delete or destroy all Derived Content, Clips, Transcripts, and other Podcast Intelligence API Output from all active production systems, databases, applications, and storage environments under Customer's control or operated on Customer's behalf. Customer will complete such deletion within thirty (30) days following the effective date of termination.

A.12.2 Backup Carve-Out. Notwithstanding Section A.12.1, Customer will not be required to delete Derived Content that has been automatically retained in Customer's standard electronic backup or disaster recovery systems, provided that: (a) all such retained data remains subject to the confidentiality obligations and use restrictions set forth in these API Terms, which obligations shall survive termination; (b) Customer will not restore such data to any production environment or otherwise access, use, process, or disclose such data for any purpose following termination; and (c) Customer will ensure that such data is permanently deleted in accordance with Customer's standard backup retention and purge cycle, and in no event later than twelve (12) months following the effective date of termination.

A.12.3 Prohibition on Post-Termination Use. Following the expiration or termination of these API Terms, Customer will not, directly or indirectly, access, use, reproduce, distribute, display, or otherwise exploit any Derived Content, Clips, Transcripts, or other Podcast Intelligence API Output for any purpose, including in connection with any successor product, service, or application, regardless of whether such content was retained pursuant to the backup carve-out in Section A.12.2.

A.12.4 Certificate of Destruction. Upon Particle's written request, Customer will, within thirty (30) days of such request, deliver to Particle a written certificate executed by a senior officer of Customer confirming that Customer has complied with its deletion and destruction obligations under this Section A.12, including a description of the deletion method employed and, where applicable, the anticipated deletion date for any data retained pursuant to the backup carve-out in Section A.12.2.

A.12.5 Regulatory Retention Exception. Notwithstanding the foregoing, Customer may retain Derived Content to the extent, and solely to the extent, required by applicable law, regulation, or binding order of a governmental authority. Any such retention must be limited to the minimum amount of data and the minimum duration required by the applicable legal obligation. Customer will notify Particle in writing within ten (10) days of identifying any such legal obligation, specifying the nature of the requirement and the data subject to retention, and will delete the retained data promptly upon satisfaction of such legal obligation. All data retained pursuant to this Section A.12.5 remains subject to the use restrictions and confidentiality obligations of these API Terms.