Terms of Service
These Terms of Service ("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. 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 using the App on behalf of an organization, you represent that you are authorized to bind that organization.
2. 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.
3. 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 social sharing features.
3.1 Microphone and Voice
The App requires microphone access to record your spoken responses. Speech-to-text transcription occurs on your device, and you may review the transcript before submitting. 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.
3.2 AI-Generated Feedback
Accuracy scores and feedback are 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. Free Tier, Subscriptions, and Ads
4.1 Free Tier
Practice is metered with hearts, a single daily allowance shared across every difficulty level and every kind of passage. Completing a practice session spends one heart, and your allowance refills each day. Free accounts currently receive three hearts per day, which is enough to complete all three of that day's challenges (easy, medium, and hard).
When you run out of hearts, you may earn additional ones by voluntarily watching a rewarded video advertisement, up to a daily cap (currently five). Watching ads is always optional. You are never required to view an ad to complete the day's three challenges. The current allowances and caps are shown in the App and may change; we will reflect any change in the App.
4.2 Subscriptions (PAL Pro)
PAL offers an auto-renewing premium subscription ("PAL Pro") that removes advertising, increases your daily heart allowance (currently six per day), and unlocks additional features such as creating your own passages from text you supply.
Hearts remain a single pool, 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 six daily hearts cover practice sessions and passage creation together. Creating two custom passages, for example, leaves four hearts for practice that day. Pro accounts see no advertising and so have no rewarded-ad refills, which means the daily allowance is the whole allowance. Custom-passage creation carries its own daily cap as well (currently three).
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.
- 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.
- 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.
4.3 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.
5. 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
6. User Content
You retain ownership of the content you create (e.g., your spoken responses and transcripts). You grant us a worldwide, non-exclusive, royalty-free license to use, process, store, and display this content solely to provide and improve the Service (including transcription, scoring, and feedback). You represent that you have the rights necessary to grant this license and that your content does not violate any law or third-party rights.
7. 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.
8. Third-Party Services
The App integrates third-party services, including Apple, Google (including Google AdMob), RevenueCat, PostHog, and third-party AI providers such as OpenAI. Your use of those services may be subject to their own terms and privacy policies. 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.
9. 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 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.
10. 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.
Some jurisdictions do not allow certain limitations, so some of the above may not apply to you.
11. Indemnification
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.
12. 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. Sections that by their nature should survive termination (e.g., intellectual property, disclaimers, limitation of liability, indemnification, and dispute resolution) will survive.
13. Governing Law and Dispute Resolution
These Terms are governed by the laws of the State of Delaware, without regard to conflict-of-laws principles. Subject to applicable law, any disputes will be resolved in the state or federal courts located in New Castle County, Delaware, and you consent to their jurisdiction.
14. 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 § 5 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 § 8.
- Developer Contact: Questions, complaints, or claims about the App should be directed to Indy Interactive using the name and address in § 18.
- Third-Party Beneficiary: Apple and its subsidiaries are third-party beneficiaries of these Terms and, upon your acceptance, may enforce them against you.
15. Google Play-Specific Terms
If you download the App from Google Play, your use is also subject to the Google Play Terms of Service. 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.
16. 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.
17. 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.
18. Contact Us
Indy Interactive Inc.
support@activepalapp.com
2093 Philadelphia Pike #9979
Claymont, DE 19703