Terms of Service and End User License Agreement

Last updated: August 29, 2026 · Effective: August 29, 2026 · Privacy Policy

These Terms of Service and End User License Agreement ("Terms") govern your access to and use of the PAL (Practice Active Listening) mobile application and related services (the "App" or "Service"), provided by Indy Interactive Inc. ("Indy Interactive," "we," "us," or "our").

By downloading, accessing, or using the App, you agree to be bound by these Terms. If you do not agree, do not use the App.

1. This Agreement

These Terms are both our terms of service and the end user license agreement for the App. They are concluded between you and Indy Interactive only. Apple and Google are not parties to these Terms and are not responsible for the App, although each has rights described in §§ 21 and 22.

Please read § 18 carefully. It requires most disputes to be resolved by individual arbitration rather than in court, and it waives class actions. You may opt out of arbitration within 30 days, as described there.

2. Eligibility

You must be at least 13 years old (or the minimum age of digital consent in your jurisdiction, whichever is higher) to use the App. By using the App, you represent that you meet this requirement and that you have the legal capacity to enter into these Terms. If you are old enough to use the App but are still a minor where you live, a parent or legal guardian must review and agree to these Terms with you, and is responsible for your use of the App.

If you are using the App on behalf of an organization, you represent that you are authorized to bind that organization.

3. Your Account

To access most features, you must create an account using email and password, Sign in with Apple, or Sign in with Google. You agree to:

  • Provide accurate information and keep it up to date
  • Keep your login credentials confidential
  • Be responsible for all activity under your account
  • Notify us promptly of any unauthorized use

We may suspend or terminate accounts that violate these Terms.

4. The Service

PAL helps you practice active listening. You listen to audio passages, speak back what you recall, and receive AI-generated accuracy scores and feedback. The App includes daily challenges, streaks, statistics, and the ability to share a summary of your score.

4.1 Microphone and Voice

The App requires microphone access to record your spoken responses. Speech-to-text transcription runs on your device, and your audio recording is never uploaded to us. You may review the transcript before submitting it. Your text response is then analyzed by AI to generate a score. See our Privacy Policy for details on how voice and text data are handled.

4.2 AI-Generated Content and Feedback

The listening passages in the App are written by artificial intelligence and narrated by a synthetic voice. They are generated automatically and are not reviewed by a person before you hear them. They may contain statements that are inaccurate, outdated, or nonsensical, and nothing in a passage should be relied on as fact.

Accuracy scores and feedback are likewise generated by automated systems and are provided for self-improvement purposes only. They may not always be accurate, and they do not constitute professional, educational, medical, or psychological advice.

4.3 AI Processing and Your Consent

To score your recall, the App sends the text of your response and the text of the passage you heard to OpenAI, a third-party artificial-intelligence provider, which returns a score and feedback. Your voice recording is never sent, only text.

The App asks for your explicit consent before any of your responses are transmitted for scoring, and nothing is sent until you agree. Declining is a valid choice; it simply means sessions cannot be scored. You can review or withdraw your consent at any time under Profile → About → "AI Scoring & Your Data". Withdrawal takes effect immediately and stops all further AI processing of your responses.

We do not use your content to train AI models. If we ever add or change AI providers, we will update our Privacy Policy before doing so.

5. Hearts, Free Tier, Subscriptions, and Ads

5.1 Hearts

Practice is metered with hearts, a single balance shared across every difficulty level and every kind of passage. Once a day, your balance is topped up to your plan's allowance, currently three hearts on a free account, which is enough to complete all three of that day's challenges (easy, medium, and hard). The top-up is a refill, not an addition: if your balance is already at or above the allowance, nothing is added that day, and nothing is taken away.

Hearts you don't spend stay in your balance. They carry over from one day to the next, up to a maximum balance of one hundred. The daily top-up happens on your own local day, not on a fixed clock.

A heart is spent when you start a practice session, not when you finish one, and it is not refunded. Beginning a passage is the action that is metered, so leaving a session unfinished, or a session that fails to produce a score, costs the same as completing it. Re-submitting a session that ended in an error is free and does not spend another heart.

The current allowances and caps are shown in the App and may change; we will reflect any change in the App.

5.2 Hearts Are Not Property

Hearts are a feature of the Service, not a currency and not your property. They have no cash value, cannot be bought, sold, transferred, exchanged, or redeemed for money or anything else, and are not separately refundable. A balance you have built up is not a purchase and is not owed to you. We may change how hearts work, adjust allowances, caps and carry-over, or discontinue them, and hearts associated with your account end when your account or the Service ends.

5.3 Rewarded Advertising

The free tier shows rewarded video advertisements, served by Google AdMob. You may choose to watch one to earn an extra heart, up to a daily cap (currently six). You do not have to be out of hearts to do so; an earned heart is added to your balance and can be spent whenever you like. Watching ads is always optional. You are never required to view an ad to complete the day's three challenges. Rewarded ads are the only way a balance grows beyond the daily allowance, and no heart is earned once your balance reaches its maximum.

Advertising is personalized only if you have granted permission for it. On iOS, Apple's App Tracking Transparency prompt and Google's consent form appear the first time you choose to watch a rewarded ad rather than when the App launches, and only free-tier users are ever asked. Decline either one, and every request the App makes is non-personalized. You can withdraw your permission at any time under Profile → About → "Ad Privacy Settings". Whichever way you answer, you see the same number of ads and earn the same rewards.

Subscribers see no advertising, and the advertising software is never started for them.

5.4 Subscriptions (PAL Pro)

PAL offers an auto-renewing premium subscription ("PAL Pro") that removes advertising, raises the allowance your hearts are topped up to each day (currently ten), and unlocks additional features such as generating your own passages on any topic you name.

Hearts remain a single balance, and creating a passage draws on it. Generating a custom passage spends one heart at the moment it is created; practising that passage afterwards, however many times, is free. So your ten daily hearts cover practice sessions and passage creation together. Creating two custom passages, for example, leaves eight hearts for practice that day. Pro accounts see no advertising and therefore have no rewarded ads, which is the only way to earn hearts above the daily allowance, so a Pro balance is topped up to ten each day and does not build beyond it. Custom-passage creation carries its own daily cap as well (currently three), independent of your heart balance.

PAL Pro increases the daily allowance rather than removing it. The current allowances and caps are shown in the App and may change; we will reflect any change in the App.

  • No free trial: PAL does not offer a free trial, and no subscription plan carries an introductory or trial offer. We may occasionally grant complimentary access at our discretion; complimentary access is not a purchase, does not auto-renew, and can be withdrawn.
  • Pricing: Subscription prices (e.g., monthly and annual plans) are displayed in the App at the point of purchase and may vary by region.
  • Billing: Payment is charged to your Apple App Store or Google Play account at confirmation of purchase.
  • Auto-Renewal: Subscriptions automatically renew for the same period unless canceled at least 24 hours before the end of the current period. Your account is charged for renewal within 24 hours prior to the end of the current period.
  • Managing and Canceling: You can manage or cancel your subscription in your Apple App Store or Google Play account settings. Deleting the App does not cancel your subscription, and neither does deleting your PAL account.
  • Refunds: Purchases are handled by Apple and Google and are subject to their refund policies. We generally cannot issue refunds directly; you must request refunds through the App Store or Google Play. This does not affect any refund or cancellation right you have under applicable law (see § 19).

5.5 Price Changes

We may change subscription prices. We will provide notice as required by applicable law and by Apple/Google, and price changes will not affect your current billing period.

6. License and Acceptable Use

We grant you a limited, non-exclusive, non-transferable, revocable license to use the App for your personal, non-commercial use, subject to these Terms.

You agree not to:

  • Reverse engineer, decompile, or attempt to extract source code, except where permitted by law
  • Use the App for any unlawful purpose or in violation of these Terms
  • Interfere with, disrupt, or attempt to gain unauthorized access to the Service or its systems
  • Use bots, scrapers, or automated means to access the App or manipulate scores, streaks, or ad rewards
  • Circumvent, disable, or interfere with advertising, usage limits, or security features
  • Upload or transmit unlawful, infringing, harmful, or offensive content
  • Misuse referral programs, trials, or promotions through fraud or abuse
  • Use the App, or content obtained from it, to build or train a competing product or service

7. User Content

"User Content" means anything you create or supply through the App, including your spoken responses and their transcripts, any passage text you write, any topic you enter for a passage to be generated from, and the audio synthesized from that text.

You retain ownership of your User Content. You grant us a worldwide, non-exclusive, royalty-free license to use, process, store, and display it solely to provide the Service to you (including transcription, scoring, feedback, audio narration, and your practice history and statistics). We may also use aggregated or de-identified information derived from it to improve the Service, provided it can no longer be linked to you. We do not use your User Content to train AI models, our own or anyone else's, as described in Section 5 of our Privacy Policy.

Passages you create are private to you by default. You can publish one by sharing it from My Custom Passages; a published passage can be opened by anyone with its link and may also be offered to other people as random practice, and the license you grant us extends to displaying it to them. You can unpublish it again at any time, which stops the link working and removes it from that pool. Publishing is nonetheless effectively permanent: a published passage and its audio are kept even if you later unpublish it or delete your account, with your authorship removed, because other people's practice history may depend on it. Do not publish anything you would not want to leave behind.

You represent that you have the rights necessary to grant this license and that your User Content does not violate any law or third-party rights.

8. Content Standards, Reporting, and Removal

This section applies to User Content that is or becomes visible to anyone other than you.

You must not submit content that is unlawful, infringing, defamatory, harassing, hateful, threatening, sexually explicit, exploitative of minors, or that promotes violence, self-harm, or illegal activity, and you must not use the App to abuse, impersonate, or harm another person. We have no tolerance for objectionable content or abusive users.

If you encounter content in the App that you believe breaches these standards, report it from inside the App: tap Report a problem on the results screen, choose a reason, and add any detail that helps us find it. You can also email support@activepalapp.com. We will review reports of objectionable content and act within 24 hours, which may include removing the content and terminating the account of the person who submitted it. Content is not removed automatically by reports alone; a person reviews every report and decides. If we remove a passage, it stops working everywhere, including for its author and through links already shared.

We may remove, refuse, or restrict any content at our discretion, with or without notice, and we may suspend or terminate the account responsible for it. We are not obliged to monitor User Content, and removing some content does not oblige us to remove other content.

9. Copyright and Intellectual Property Complaints

If you believe content in the App infringes your copyright or other intellectual property rights, send a notice to support@activepalapp.com including: your contact details; identification of the work you say is infringed; identification of the material in the App and enough information for us to locate it; a statement that you believe in good faith that the use is not authorized by the rights holder or the law; a statement that the information in your notice is accurate and, under penalty of perjury, that you are authorized to act for the rights holder; and your signature (electronic is fine).

If we remove your content in response to such a notice, you may send a counter-notice to the same address. We terminate the accounts of repeat infringers.

10. Our Intellectual Property

The App, including its software, design, text, graphics, logos, and content (excluding your User Content), is owned by Indy Interactive or its licensors and is protected by intellectual property laws. Except for the license granted to you, no rights are transferred. "PAL" and "Indy Interactive" and associated logos are our trademarks and may not be used without permission.

11. Feedback

If you send us suggestions, ideas, or other feedback about the App, you agree we may use it for any purpose, without restriction, attribution, or compensation to you. Feedback is not confidential, and you should not send us anything you want to keep or be paid for.

12. Third-Party Services

The App relies on third-party services, including Apple (App Store, Sign in with Apple), Google (Google Play, Sign in with Google, and Google AdMob), RevenueCat (subscription management), OpenAI (scoring, passage generation, and speech synthesis), ElevenLabs (speech synthesis for daily challenges), PostHog (analytics and error reporting), Expo (push notification delivery), and Neon and Cloudflare (database, storage, and hosting). Your use of those services may be subject to their own terms and privacy policies, and you agree to comply with any third-party terms that apply to your use of the App. See our Privacy Policy for what each one receives. We are not responsible for third-party services, and your dealings with them are solely between you and the third party.

13. Updates and Changes to the Service

We may release updates to the App, and your device may install them automatically depending on your settings. Some updates may be required for the App to keep working. We may also add, change, suspend, or discontinue features at any time, and we will give notice where the law requires it. We are not liable to you for changing or discontinuing any part of the Service, except as § 19 or applicable law provides.

14. Disclaimers

THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ACCURACY. WE DO NOT WARRANT THAT THE APP WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT AI-GENERATED PASSAGES, SCORES, OR FEEDBACK WILL BE ACCURATE. THE APP IS NOT A SUBSTITUTE FOR PROFESSIONAL TRAINING, EDUCATION, OR MEDICAL/PSYCHOLOGICAL ADVICE.

Some jurisdictions do not allow the exclusion of certain warranties, so some of the above may not apply to you, and nothing here affects rights you have under § 19.

15. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, INDY INTERACTIVE AND ITS OFFICERS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, DATA, OR GOODWILL, ARISING FROM OR RELATED TO YOUR USE OF THE APP.

OUR TOTAL LIABILITY FOR ANY CLAIM ARISING FROM OR RELATED TO THE APP WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE 12 MONTHS BEFORE THE CLAIM, OR (B) USD $50.

Nothing in these Terms excludes or limits our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for anything else that cannot lawfully be excluded or limited. Some jurisdictions do not allow certain limitations, so some of the above may not apply to you.

16. Indemnification

To the extent permitted by applicable law, you agree to indemnify and hold harmless Indy Interactive and its officers, employees, and agents from any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising from your use of the App, your User Content, or your violation of these Terms or applicable law. This section does not apply where you are a consumer and the law of your country does not permit it.

17. Termination

We may suspend or terminate your access to the App at any time, with or without notice, if you violate these Terms or if we discontinue the Service. You may stop using the App and delete your account at any time under Profile → Account → "Delete Account".

Deleting your account does not cancel a paid subscription. Subscriptions are billed by Apple or Google and must be cancelled in your App Store or Google Play account settings. Deleting your account also does not remove passages you published (see § 7).

Sections that by their nature should survive termination (including User Content licenses granted for published content, intellectual property, disclaimers, limitation of liability, indemnification, and dispute resolution) will survive.

18. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of Delaware, without regard to conflict-of-laws principles.

18.1 Talk to Us First

Before starting an arbitration or a lawsuit, you agree to try to resolve the dispute informally by emailing support@activepalapp.com with a description of the dispute and the relief you want. If we cannot resolve it within 60 days, either of us may proceed. This step is a condition of bringing a claim, and it pauses any applicable limitation period.

18.2 Binding Individual Arbitration

Except as stated in §§ 18.4, 18.5, and 18.7, you and Indy Interactive agree to resolve all disputes arising out of or relating to these Terms or the App by binding individual arbitration, rather than in court. Arbitration will be administered by the American Arbitration Association under its Consumer Arbitration Rules, before one arbitrator. The arbitration may be conducted by documents, telephone, or video, or in person in the county where you live or another mutually agreed location. The arbitrator's award may be entered as a judgment in any court with jurisdiction. We will pay the arbitration fees the AAA rules require us to pay, and we will not seek our legal fees from you unless the arbitrator finds your claim frivolous.

You and we are giving up the right to sue in court and to have a trial before a judge or jury, except as stated below.

18.3 Class Action Waiver

Claims may be brought only in your or our individual capacity, and not as a plaintiff or class member in any class, collective, consolidated, or representative proceeding. The arbitrator may not consolidate claims or preside over any representative proceeding. If this paragraph is found unenforceable as to a particular claim or request for relief, that claim or request must be brought in court and severed from any arbitration, and the rest of § 18 still applies.

18.4 Exceptions

Either of us may bring an individual claim in small-claims court if it qualifies, and either of us may seek injunctive or other equitable relief in court to protect intellectual property rights or to stop unauthorized access to the Service.

18.5 Your Right to Opt Out

You may opt out of §§ 18.2 and 18.3 within 30 days of first accepting these Terms. If you first accepted these Terms before August 29, 2026, you may opt out at any time up to September 28, 2026. To opt out, email support@activepalapp.com with the subject line "Arbitration Opt-Out", or write to us at the address in § 25, stating your name, the email address on your PAL account, and that you are opting out of arbitration. Opting out does not affect any other part of these Terms, and we will not treat it as a reason to close your account. If you opt out, disputes are resolved in the courts named in § 18.6.

18.6 Where Claims Go Otherwise

For any dispute not subject to arbitration, you and we consent to the exclusive jurisdiction of the state and federal courts located in New Castle County, Delaware.

18.7 Consumers Outside the United States

Sections 18.2 and 18.3 do not apply to you if you are a consumer resident in the European Economic Area or the United Kingdom, or anywhere else where an agreement to arbitrate or a class-action waiver is unenforceable against consumers. If that is you, you may bring proceedings in the courts of the country where you live, and you keep the benefit of the mandatory consumer-protection law of that country. Nothing in this section deprives you of the protection of provisions that cannot be derogated from by agreement under the law of your habitual residence.

19. Consumer Rights (EEA, UK, and Other Jurisdictions)

If you are a consumer, you have rights under the law of your country that these Terms cannot take away. Nothing in these Terms limits your statutory rights, including any right to remedies where digital content or a digital service is faulty or not as described.

If you are a consumer in the EEA or the UK, you generally have 14 days to withdraw from a purchase of digital content or services. Because subscriptions and in-app content are made available immediately, that right is lost once supply has begun with your express consent and your acknowledgement that you lose it. Purchases are made through Apple or Google, so withdrawal and refund requests are handled by them under their own policies, and you should raise them there in the first instance. You may also contact us at support@activepalapp.com and we will help where we can.

20. Export Control and Sanctions

You represent and warrant that you are not located in a country subject to a U.S. Government embargo, or designated by the U.S. Government as a "terrorist supporting" country, and that you are not listed on any U.S. Government list of prohibited or restricted parties. You agree not to use or export the App in violation of applicable export-control or sanctions laws.

21. Apple-Specific Terms

If you download the App from the Apple App Store, you acknowledge and agree:

  • Acknowledgment: These Terms are between you and Indy Interactive only, not Apple, and Indy Interactive, not Apple, is solely responsible for the App and its content.
  • Scope of License: The license granted to you in § 6 is non-transferable and is limited to using the App on any Apple-branded products that you own or control, as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions (the App Store Terms of Service), except that the App may be accessed and used by other accounts associated with you via Family Sharing or volume purchasing.
  • Maintenance and Support: Indy Interactive is solely responsible for providing any maintenance and support services for the App, as specified in these Terms or as required under applicable law. Apple has no obligation whatsoever to furnish any maintenance or support services for the App.
  • Warranty: Indy Interactive is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App (if any) to you; to the maximum extent permitted by law, Apple has no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty are Indy Interactive's sole responsibility.
  • Product Claims: Indy Interactive, not Apple, is responsible for addressing any claims by you or any third party relating to the App or your possession and use of it, including product liability claims, any claim that the App fails to conform to any applicable legal or regulatory requirement, and claims arising under consumer protection, privacy, or similar legislation.
  • Intellectual Property Rights: In the event of any third-party claim that the App or your possession and use of the App infringes that third party's intellectual property rights, Indy Interactive, not Apple, is solely responsible for the investigation, defense, settlement, and discharge of that claim.
  • Legal Compliance: You represent and warrant that you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.
  • Third-Party Terms: You agree to comply with any applicable third-party terms when using the App. The third-party services the App relies on are listed in § 12.
  • Developer Contact: Questions, complaints, or claims about the App should be directed to Indy Interactive using the name and address in § 25.
  • Third-Party Beneficiary: Apple and its subsidiaries are third-party beneficiaries of these Terms and, upon your acceptance, may enforce them against you.

22. Google Play-Specific Terms

If you download the App from Google Play, your use is also subject to the Google Play Terms of Service, and purchases are processed through Google Play Billing under Google's payment and refund policies. Google is not a party to these Terms and is not responsible for the App or its content. To the extent of any conflict between these Terms and the Google Play Terms regarding your use obtained through Google Play, the Google Play Terms control with respect to that subject matter.

23. Changes to These Terms

We may modify these Terms from time to time. We will post the updated Terms in the App and update the "Last Updated" date. For material changes, we will provide more prominent notice. Your continued use of the App after changes take effect constitutes acceptance of the revised Terms. Changes do not apply retroactively to a dispute already notified under § 18.1.

24. Miscellaneous

  • Entire Agreement: These Terms and the Privacy Policy constitute the entire agreement between you and us regarding the App.
  • Severability: If any provision is found unenforceable, the remaining provisions remain in effect.
  • No Waiver: Our failure to enforce any provision is not a waiver of our right to do so later.
  • Assignment: You may not assign these Terms; we may assign them in connection with a merger, acquisition, or sale of assets.
  • Force Majeure: We are not liable for any failure or delay caused by events beyond our reasonable control, including outages at our hosting, network, or third-party providers, natural events, or acts of government.
  • Notices and Electronic Communications: You agree we may communicate with you electronically, by email to the address on your account or by notice in the App, and that this satisfies any legal requirement that a communication be in writing. Notices to us go to the address in § 25.

25. Contact Us

Indy Interactive Inc.
support@activepalapp.com
2093 Philadelphia Pike #9979
Claymont, DE 19703