Terms & Conditions

1Acceptance of These Terms

1.1 Agreement. By checking the box at checkout and completing your purchase, you agree to these Terms, the Program Details at the end of these Terms, and our Privacy Policy (together, the "Agreement"). If you do not agree, do not purchase The Placement Studio.

1.2 Effective Date. The Agreement takes effect on the date you complete your purchase (the "Effective Date").

1.3 Eligibility. You must be at least 18 years old and purchasing The Placement Studio for business or professional purposes. If you purchase on behalf of a business, you confirm that you have authority to bind that business to these Terms.

1.4 Your Account. You agree to provide accurate information when you create your account and to keep it up to date.

2The Placement Studio

2.1 Description of Services. The Placement Studio is a done-with-you podcast guesting program. It includes access to our proprietary software platform (the "Platform"), a curated list of podcasts selected for you each month, and the strategy, templates, group coaching, and support described in the Program Details (together, the "Services").

2.2 Client-Led Pitching. The Placement Studio is not a done-for-you agency retainer and is not The Podcast Tour. We curate a list of podcasts for you within the Platform each month, and you have final say over which curated podcasts to pitch. You approve your pitch. Pitches and follow-ups are sent through the Platform from your own connected Gmail or Google Workspace account (the "Gmail Account"; see Section 10), including on a schedule or automatically once you have approved them. We do not pitch podcasts without your approval, manage your inbox, or act as your booking agent.

2.3 Platform Updates. We may update or change Platform features from time to time, and we will not materially reduce the core Services described in the Program Details during your Term. We will notify you by email of material updates to the Platform during your Term, including changes to access, upgrades, and new features. New features added during your Term are included at no additional cost, unless we offer a feature as a separately priced add-on, which you may choose whether to purchase.

3Term

3.1 Term. The Agreement begins on the Effective Date and continues for twelve (12) months (the "Term").

3.2 Annual Commitment. The Placement Studio is a twelve-month commitment billed monthly. It is not a month-to-month subscription. You are responsible for all twelve (12) Monthly Fees unless the Agreement is terminated under Section 7.

3.3 End of Term. The Agreement ends at the close of the Term unless you and Scout's Agency agree in writing to renew it. If we offer a month-to-month renewal option at that time, we will notify you of that option at least thirty (30) days before your Term ends.

4Fees and Payment

4.1 Monthly Fee. The fee for The Placement Studio is eight hundred dollars ($800.00) per month (the "Monthly Fee") for each of the twelve (12) months of the Term.

4.2 Billing. You will enroll in payments through our SamCart checkout. The first Monthly Fee is due at purchase. Each later Monthly Fee will be charged automatically through SamCart on the same day of each month.

4.3 Payment Authorization. By completing your purchase, you authorize us to charge your payment method on file for each Monthly Fee during the Term and for any early termination fee due under Section 7. You agree to keep a valid payment method on file.

5Failed Payments

5.1 Grace Period. If a Monthly Fee payment fails, we will notify you by email. You will have fourteen (14) days from the date of the failed payment to update your payment method and pay the amount due.

5.2 Suspension of Access. If payment is not received within the fourteen-day grace period, we may suspend your access to the Platform, including the sending of pitches and follow-ups from your account. Suspension does not pause the Term or reduce any amount owed.

5.3 Reinstatement. Access will be restored once all past-due amounts are paid. Time during which access was suspended will not be added to the Term.

5.4 Continued Non-Payment. If any amount remains unpaid thirty (30) days after suspension, we may terminate the Agreement for non-payment, and the early termination fee in Section 7.1 will apply.

5.5 Chargebacks. Please contact us about any billing concern before disputing a charge with your bank or card issuer. We may suspend access while a chargeback is pending. A chargeback on a valid charge is a breach of the Agreement.

6No Refunds

All fees paid for The Placement Studio are non-refundable, including Monthly Fees for any period in which you did not use the Platform or your access was suspended. The 10-Yes Guarantee is fulfilled through extended Platform access as described in Section 8.5, rather than through a refund.

7Early Termination

7.1 Termination by You. You may end the Agreement before the end of the Term by giving written notice under Section 21.2 and paying an early termination fee equal to three (3) Monthly Fees. If fewer than three (3) Monthly Fees remain in the Term, the early termination fee will equal the Monthly Fees remaining.

7.2 Termination by Scout's Agency. We may terminate the Agreement if you (a) fail to pay as described in Section 5, or (b) materially breach the Agreement and do not cure the breach within ten (10) days of written notice. We may terminate immediately for a serious violation of Section 11, such as sending spam or misrepresenting your identity. If we terminate under this Section 7.2, the early termination fee in Section 7.1 will apply.

7.3 Nature of Fee. The early termination fee is a reasonable estimate of the losses Scout's Agency would incur from early termination, including reserved capacity and onboarding and setup costs, and is not a penalty.

7.4 Payment of Fee. The early termination fee is due on the effective date of termination and will be charged to your payment method on file. Any amounts due before termination remain owed.

7.5 Effect of Termination. When the Agreement ends for any reason, your access to the Platform ends and we will stop sending from your Gmail Account. You may revoke the Platform's access to your Gmail Account at any time through your Google account settings, and we will disconnect it on request. You keep the benefit of any podcast opportunities already received. Your eligibility under the 10-Yes Guarantee ends on the date of termination.

8The 10-Yes Guarantee

8.1 Guarantee. Provided you meet the requirements of Section 8.4, Scout's Agency guarantees that at least ten (10) podcasts will say yes to having you as a guest during your Term (the "10-Yes Guarantee").

8.2 Definition of a Yes. A "Yes" is a written reply from a podcast's host, producer, or booker, received during the Term in response to a pitch sent through the Platform, stating that the podcast would like to have you as a guest. A Yes counts toward the 10-Yes Guarantee whether or not you accept the invitation, whether or not the interview is scheduled, recorded, rescheduled, or canceled, and whether or not the episode is published. Each podcast counts as one Yes regardless of the number of episodes it offers.

8.3 Exclusions. The 10-Yes Guarantee does not extend to:

Podcast hosts make their own booking and scheduling decisions, which are outside our control.

8.4 Eligibility. Because The Placement Studio is a done-with-you program, the 10-Yes Guarantee applies when you:

8.5 Extended Access. If you have met each requirement in Section 8.4 and have received fewer than ten (10) Yeses by the end of the Term, we will extend your Platform access and support at no additional cost until you receive ten (10) Yeses. There is no time limit on this extension. The requirements of Section 8.4 continue to apply during any extension. Extended access under this Section 8.5 is how we fulfill the 10-Yes Guarantee.

8.6 Tracking. Yeses are tracked through the Platform, and we will provide your current Yes count on request. If a Yes was not recorded, you may mark it in the Platform or, if that is not possible, forward the host's reply to studio@scoutsagency.com during the Term, and we will add it.

9Your Responsibilities

9.1 Pitches and Interviews. You are responsible for the pitches you send, the interviews you accept, and your relationships with podcast hosts, including attending accepted interviews prepared and on time.

9.2 Accuracy of Content. You confirm that the information you provide or send through the Platform, including your bio, credentials, results, testimonials, and media mentions, is accurate, and that you have the right to use it.

9.3 Information and Materials. To keep the Services on schedule, you agree to provide the information and materials we reasonably request, including your completed intake form, in a timely manner.

9.4 Communication. Support is provided by email during the business hours listed in the Program Details, and help content is available within the Platform. Support is not provided by text message or Instagram direct message.

9.5 Podcast Hosts and Interviews. Podcast hosts, producers, and their shows are independent third parties. They are not employees, agents, or partners of Scout's Agency, and we do not control them. Including a podcast in your curated list is not an endorsement, and we do not vet or guarantee any host's conduct, views, or reputation. You decide whether to accept each invitation, and you are responsible for reviewing a show before agreeing to appear. Scout's Agency is not responsible for, and will have no liability for:

Any concern about a podcast, host, or episode is between you and that podcast. To the fullest extent permitted by law, you release Scout's Agency from any claims arising from these matters.

10Gmail Connection

10.1 Authorization. Use of the Platform requires you to connect your Gmail Account through Google's secure sign-in. By connecting, you authorize the Platform to send the pitches and follow-ups you have created or approved from your Gmail Account, including scheduled and automated follow-ups, and to read host replies to those pitches for tracking purposes. You also consent to authorized Scout's Agency team members viewing your pitches and host replies within the Platform to review replies, provide support, and manage your account. The Platform accesses your Gmail Account only as needed to provide the Services, as described in our Privacy Policy at https://app.scoutsagency.com/privacy. Until Google completes its verification of reply tracking, Google may display a warning when you connect your Gmail Account.

10.2 You Are the Sender. Each email the Platform sends from your account is sent by you and in your name. You are responsible for the content of those emails and for complying with laws that apply to your email outreach, including the CAN-SPAM Act. We strongly recommend that you set up a separate Gmail or Google Workspace account used only for pitching podcasts through The Placement Studio.

10.3 Google Policies. Your Gmail Account is subject to Google's terms, sending limits, and policies. The Platform paces sending to stay within Gmail's limits. We are not responsible if Google limits, flags, or suspends your account, or if messages are filtered as spam.

10.4 Disconnection. You may disconnect your Gmail Account at any time through your Google account settings or within the Platform. While disconnected, the Platform cannot send or track pitches. Disconnection does not reduce any fees owed and may affect eligibility under Section 8.4.

10.5 Account Security. You agree to keep your Google and Platform login credentials secure and to notify us promptly at studio@scoutsagency.com of any suspected unauthorized access.

11Acceptable Use

11.1 License. You receive a single-user license for you, or one named team member, to use the Platform to promote you as a podcast guest. You may not share login credentials, resell access, or use the Platform to pitch any other person.

11.2 Prohibited Uses. You may not use the Platform to:

11.3 Suspension. We may suspend your access immediately if we reasonably believe you have violated this Section 11.

12Platform Availability

12.1 Availability. We work to keep the Platform available and reliable. The Platform is provided "as is" and "as available," and we do not guarantee uninterrupted or error-free operation. Planned maintenance, updates, and outages at third-party providers, including Google and SamCart, may cause downtime.

12.2 Podcast Information. Podcast information in the Platform, including host contact details, audience information, and show status, comes from public and third-party sources and may be incomplete or out of date. We do not guarantee its accuracy.

12.3 Extended Outages. Downtime does not reduce fees owed. If the Platform is unavailable for more than seven (7) consecutive days due to our systems, we will add the lost time to the end of your Term at no cost.

13Intellectual Property

13.1 Your Content. You own your name, likeness, brand, bio, and story, and the content you create, including your final pitch (together, "Your Content"). You may continue to use your pitch after the Term ends. You grant us a limited license to use Your Content solely to provide the Services.

13.2 Our Property. Scout's Agency owns the Platform and all related materials, including its software, podcast database, curated podcast lists, templates, frameworks, coaching and training materials, and any improvements to them, even where customized for you. You receive a personal, non-transferable right to use these materials during the Term for your own podcast guesting.

13.3 Aggregate and Podcast Data. We may use (a) anonymized, aggregated data from Platform use, such as response rates by show category, and (b) information about podcasts learned from host responses, such as whether a show accepts guests, charges a fee, or has valid contact details, to operate and improve the Platform for all clients. This information will never identify you or be attributed to you.

14Your Data

14.1 Privacy. We handle your personal information and Gmail data as described in our Privacy Policy. We do not sell your data and do not use your Gmail Account content for advertising. We use Gmail Account content only to provide and improve the Services as described in Section 13.3, in accordance with Google's API Services User Data Policy, including its Limited Use requirements.

14.2 Data Export and Deletion. Within thirty (30) days after the Agreement ends, you may request an export of your pitch history and podcast responses. After that period, we may delete your account data, except data we must retain for legal, tax, or billing purposes.

15Confidentiality

Each party will keep the other party's non-public business information confidential, including pricing, client lists, strategies, and the Platform's features and methods, and will use it only to perform the Agreement. This obligation does not apply to information that becomes public through no fault of the receiving party or that the receiving party lawfully receives from another source. This Section 15 survives the end of the Agreement.

16Client Results and Publicity

We may share your results publicly, including podcasts you have been booked on and the number of Yeses received, on our website, social media, email, and other channels, provided you are not identified by name. We will obtain your prior written approval (email is sufficient) before using your name, likeness, or brand.

17Indemnification

17.1 By You. You will defend, indemnify, and hold harmless Scout's Agency and its owners, team members, and contractors from third-party claims, losses, and costs, including reasonable attorneys' fees, arising from (a) emails sent from your account through the Platform, (b) Your Content, (c) your interviews and statements on podcasts, or (d) your breach of the Agreement.

17.2 By Scout's Agency. We will defend, indemnify, and hold you harmless from third-party claims that the Platform, as provided by us, infringes that third party's intellectual property rights.

18Limitation of Liability

NEITHER PARTY WILL BE LIABLE TO THE OTHER FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, OR LOSS OF DATA OR EMAIL ACCOUNT ACCESS, ARISING OUT OF THE AGREEMENT. SCOUT'S AGENCY'S TOTAL LIABILITY FOR ALL CLAIMS UNDER THE AGREEMENT WILL NOT EXCEED THE FEES YOU PAID IN THE THREE (3) MONTHS BEFORE THE CLAIM AROSE.

These limits do not apply to your payment obligations or to either party's obligations under Sections 15 and 17.

19Dispute Resolution

19.1 Governing Law. These Terms are governed by the laws of the State of California, without regard to its conflict-of-laws principles.

19.2 Mediation and Arbitration. Before bringing any claim, you and Scout's Agency will attempt in good faith to resolve the dispute through mediation in San Diego, California, with mediation fees shared equally. If mediation does not resolve the dispute, it will be finally decided by binding arbitration before a single arbitrator under the JAMS Comprehensive Arbitration Rules and Procedures, in San Diego, California, in English. Judgment on the award may be entered in any court with jurisdiction. Either party may seek injunctive relief in court to protect confidential information or intellectual property.

19.3 Attorneys' Fees. The prevailing party in any arbitration or court action is entitled to reasonable attorneys' fees and costs. A party that brings a claim without first attempting mediation, or that refuses a request to mediate, may not recover attorneys' fees.

20Changes to These Terms

20.1 Updates. We may update these Terms from time to time. We will post the updated Terms with a new "Last updated" date and notify you by email at least thirty (30) days before changes take effect. Your continued use of the Platform after that date means you accept the updated Terms.

20.2 Your Commitment Is Protected. No update will change your Monthly Fee, the length of your Term, the No Refunds or Early Termination terms, or the 10-Yes Guarantee during your current Term without your written agreement. The version of those terms you accepted at purchase applies for your full Term.

21General Terms

21.1 Relationship. You and Scout's Agency are independent contractors. Nothing in the Agreement creates a partnership, joint venture, agency, or employment relationship. Scout's Agency is not your booking agent.

21.2 Notices. Notices under the Agreement may be given by email: to Scout's Agency, attention Gabrielle Scout, at scout@scoutsagency.com, and to you at the email address associated with your account.

21.3 Assignment. You may not assign the Agreement without our prior written consent. We may assign it to a successor in connection with a merger, acquisition, or sale of the Platform.

21.4 Entire Agreement. The Agreement, including these Terms, the Program Details, and our Privacy Policy, is the entire agreement between you and Scout's Agency regarding The Placement Studio and supersedes all prior proposals and understandings. Other than updates made under Section 20, it may be changed only in writing agreed by both parties.

21.5 Severability; Waiver. If any provision of these Terms is held unenforceable, it will be limited only as necessary, and the remaining provisions will stay in effect. A party's failure to enforce any provision is not a waiver of it.

21.6 Survival. Sections 6, 7, 13, 15, 17, 18, and 19, and all payment obligations, survive the end of the Agreement.

21.7 Electronic Acceptance. Your acceptance of these Terms electronically at checkout has the same effect as a handwritten signature.

22Contact

Scout's Agency LLC, San Diego, California.

Part of the Agreement

Program Details

These Program Details are part of the Agreement and describe what's included in The Placement Studio, a done-with-you program in which you pitch your own podcast appearances using the Platform and the support of Scout's Agency.