Terms of Service

About These Terms

1.1 Contracting Entities. These Terms of Service (“Terms”) are a legal agreement between you and the applicable Pocket FM entity:

1. If you reside in India: “Pocket FM” (or “we,” “us,” or “our”) means Pocket Entertainment Ventures Private Limited.
2. If you reside outside India: “Pocket FM” (or “we,” “us,” or “our”) means Pocket Entertainment Services LLC.

1.2 The Service. These Terms govern your access to and use of the services, features, Content (as defined in Section 3), applications, offered by Pocket FM, including but not limited to the Pocket FM website, the Pocket FM App, the Pocket Saga App, and any Pocket FM owned and operated AI-powered tools, features, and functionalities made available through the foregoing (collectively, and individually, the “Service”).

1.3 Acceptance. By accessing or using the Service, you agree to be bound by these Terms and by our Privacy Policy, as may be updated from time to time. These Terms apply to all users of the Service. If you do not agree to these Terms or the Privacy Policy, do not access or use the Service.

1.4 Supplemental Terms. Certain features of the Service may be subject to supplemental terms, guidelines, or rules that we post on or within the Service. All supplemental terms are incorporated into these Terms by reference. If there is a conflict between these Terms and any supplemental terms, the supplemental terms will control with respect to the applicable feature.

1.5 Privacy. Pocket FM’s collection, use, and disclosure of your information are governed by the Privacy Policy. Third-party services accessible through or linked from the Service are governed by their own privacy policies and information practices. We encourage you to review those policies before providing any information to third parties.

1.6 Personal Use. The Service is for your personal, non-commercial use only. For clarity, using the Service to create and publish Content on the platform (including but not limited to Content created through the use of AI Features) is within the scope of permitted personal use, and does not limit the rights granted to Pocket FM under these Terms.

Eligibility and Your Account

2.1 Age Requirements. The Service is not available to persons under the age of 13 or the applicable minimum age for use in your jurisdiction of residence if that age is older than 13 (the “Minimum Age”). If you are between the Minimum Age and the age of legal majority in your jurisdiction of residence, you may only use the Service under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Service.

BY DOWNLOADING, INSTALLING, OR OTHERWISE USING THE SERVICE, YOU REPRESENT THAT YOU ARE THE MINIMUM AGE, THAT YOUR PARENT OR LEGAL GUARDIAN AGREES TO BE BOUND BY THESE TERMS OF SERVICE IF YOU ARE BETWEEN THE MINIMUM AGE AND THE AGE OF LEGAL MAJORITY IN YOUR JURISDICTION OF RESIDENCE, AND THAT YOU HAVE NOT BEEN PREVIOUSLY REMOVED FROM AND ARE NOT PROHIBITED FROM RECEIVING THE SERVICE.

If we learn that we have collected personal information from a child under 13, we will take steps to delete that information promptly.

2.2 Account Registration. To access certain features of the Service, you may need to create an account. When you register, you agree to:

1. Provide accurate, current, and complete information
2. Maintain and promptly update your account information to keep it accurate
3. Maintain the security and confidentiality of your login credentials
4. Accept responsibility for all activity that occurs under your account
5. Notify Pocket FM immediately of any unauthorized use of your account

You may create only one account. You may not share, sell, or transfer your account to any other person.

2.3 Username Restrictions. When selecting a username, you may not:

1. Impersonate any person or entity
2. Use a name that is offensive, vulgar, or obscene
3. Use a name that infringes any trademark, copyright, or other proprietary right of any third party
4. Select a username for the purpose of deceiving or misleading others about your identity

Pocket FM may require you to change your username at any time if it violates these restrictions.

2.4 Account Responsibility. You are solely responsible for all activity on your account, whether or not you authorized it. Pocket FM is not liable for any loss or damage arising from unauthorized use of your account.

2.5 Suspension and Termination. Pocket FM may suspend, restrict, or terminate your account at any time, for any reason, including if we reasonably believe you have violated these Terms. We are not required to provide notice before taking such action, though we may do so at our discretion.

2.6 Data Retention After Deletion. If you delete your account, Pocket FM may retain your registration information for up to 180 days from the date of deletion for legal, regulatory, safety, and operational purposes, after which it will be deleted or anonymized in accordance with our Privacy Policy.

The Service and Content

3.1 Ownership. Pocket FM and its licensors own or have the requisite license to use all intellectual property rights in the Service and Content. “Content” means information, data, text, photos, audio, video, graphics, features, functionality, and other materials available on or through the Service. Nothing in these Terms transfers any ownership rights to you.

3.2 License to You. Subject to your compliance with these Terms, Pocket FM grants you a limited, personal, worldwide, revocable, non-exclusive, non-sublicensable, non-transferable license (“License”) to access and use the Service and Content for your personal, non-commercial use. This License does not include any right to resell or make commercial use of the Service or Content.

3.3 Content Delivery. Content may be delivered through various modes, including audio on demand, download for offline access, and temporary downloads. Content availability may vary by location, device, and time. Pocket FM may add, modify, or remove Content at any time in its sole discretion.

3.4 Restrictions. You may not:

1. Copy, rent, lease, sell, redistribute, or sublicense any Content or portion of the Service.
2. Reproduce, modify, or create derivative works based on the Service or Content.
3. Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Service or any part of it.
4. Remove, alter, or obscure any copyright, trademark, or other proprietary notices on the Service or Content.
5. Use the Service or Content for any commercial purpose without Pocket FM’s prior written consent.
6. Use any automated system, including bots, scrapers, or spiders, to access the Service.
7. Frame, mirror, or otherwise incorporate any part of the Service into another website or application without prior written consent.

3.5 Internet Access and Equipment. The Service requires internet access. You are responsible for obtaining and maintaining all equipment, software, and internet connectivity needed to use the Service, and for all associated costs.

3.6 Technical Failures. Pocket FM is not responsible for disruptions, delays, or failures in internet service, software, hardware, or telecommunications systems, whether caused by your equipment, third-party providers, or circumstances beyond Pocket FM’s reasonable control.

3.7 Device and Usage Information. We may collect information about your device and how you use the Service, including device type, operating system, app version, and usage data, to help us improve the Service. See our Privacy Policy for details.

Your Content

4.1 User Submissions Defined. “User Submissions” means any information, data, responses, text, photos, audio, video, graphics, and other materials you upload to or through the Service. For the avoidance of doubt, User Submissions include any content, data, or materials submitted through or to AI-powered features or tools available through the Service (including Sherpa by Pocket FM), and such submissions are subject to all of the terms and conditions applicable to User Submissions under this section, as supplemented by the “AI-Powered Features and Tools” section below.

4.2 License Grant to Pocket FM. By submitting User Submissions, you grant Pocket FM a worldwide, non-exclusive, royalty-free, fully paid, sublicensable, and transferable license to use, copy, edit, modify, reproduce, distribute, adapt, translate, prepare derivative works of, display, perform, transmit, and otherwise exploit your User Submissions for any purpose, commercial or otherwise. You also grant each user of the Service a non-exclusive license to access your User Submissions through the Service as permitted by these Terms.

4.3 Ownership. You retain your intellectual property rights in your User Submissions, subject to the license grants in Section 4.2. To the extent permitted by applicable law, you waive any moral rights you may have in User Submissions submitted to the Service.

4.4 Your Representations. You represent and warrant that you have all rights necessary to grant the licenses in this section and that your User Submissions comply with all applicable laws.

4.5 Pocket FM’s Rights. Pocket FM may monitor, alter, remove, or refuse to post any User Submissions in its sole discretion. Pocket FM may also extract, compile, synthesize, and analyze User Submissions for the purpose of operating and improving the Service.

4.6 User Feedback. If you provide feedback, suggestions, or ideas about the Service (“Feedback”), you grant Pocket FM a worldwide, non-exclusive, transferable, sublicensable, royalty-free, perpetual, and irrevocable license to use that Feedback for any purpose without compensation or credit to you.

AI-Powered Features and Tools

5.1 Definitions. “AI Features” means Sherpa by Pocket FM and any other AI-powered tools, features, or functionalities offered through the Service, whether now existing or hereafter developed. “AI Inputs” means any content, data, prompts, instructions, stories, drafts, notes, characters, and other materials that users provide to or through AI Features. “AI Outputs” means any content, suggestions, text, or other materials generated by AI Features.

5.2 Use of AI Inputs. Pocket FM may use AI Inputs to: (i) provide and personalize AI Features for the applicable user, including assisting in tailoring suggestions to the user’s writing style and project; (ii) train, develop, improve, and enhance AI models and algorithms used in connection with the Service, including models that serve other users and the platform generally; (iii) analyze usage patterns and content to improve the Service; and (iv) any other purpose permitted under these Terms of Service. AI Inputs submitted through AI Features constitute User Submissions and are subject to the license grants set forth in Section 4 (Your Content).

5.3 AI Outputs and Ownership. AI Outputs are provided for the user’s use subject to these Terms. As between the user and Pocket FM, the user’s original content (including pre-existing ideas, characters, storylines, and other creative elements) remains subject to the ownership and license terms in Section 4 (Your Content). Use of AI Features does not grant Pocket FM any additional rights in the user’s original content beyond those already granted under these Terms. Pocket FM does not represent or warrant that AI Outputs are unique, original, or non-infringing. You may hold no ownership rights or limited ownership rights in AI Outputs based on the nature of your AI Inputs and the law of your jurisdiction. You are solely responsible for reviewing, editing, and evaluating AI Outputs for accuracy and appropriateness for your use case, including using your own editorial judgment, before using or publishing any AI Outputs. Pocket FM retains all rights in the AI Features, underlying models, algorithms, and technology. Nothing in these Terms grants the user any right in the AI models or technology. To the extent AI Outputs constitute User Submissions, they are subject to the license grants in Section 4 (Your Content).

5.4 AI Training and Improvement. You acknowledge and agree that Pocket FM may use AI Inputs, AI Outputs, and related usage data to train, develop, test, improve, and enhance AI models and algorithms, including models used across the Service and for other users.

5.5 No Guarantee; Disclaimers.

AI FEATURES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” POCKET FM DOES NOT GUARANTEE THE ACCURACY, COMPLETENESS, RELIABILITY, OR AVAILABILITY OF ANY AI OUTPUT. AI OUTPUTS MAY CONTAIN ERRORS, INACCURACIES, OR CONTENT THAT IS INAPPROPRIATE, OFFENSIVE, OR OTHERWISE OBJECTIONABLE. USERS SHOULD NOT RELY ON AI FEATURES AS A SUBSTITUTE FOR THEIR OWN INDEPENDENT JUDGMENT, CREATIVITY, AND EDITORIAL REVIEW. POCKET FM IS NOT RESPONSIBLE FOR ANY DECISIONS OR ACTIONS TAKEN BASED ON AI OUTPUTS.

5.6 Safety and Monitoring. Pocket FM may monitor AI Inputs and AI Outputs for purposes of safety, security, compliance with these Terms of Service, and improvement of the Service. Pocket FM may restrict, suspend, or terminate access to AI Features if a user violates these Terms or if Pocket FM determines that such action is necessary to protect the Service, other users, or third parties.

5.7 AI Content Provenance and Format. Certain Content available through the Service may be generated, assisted, or enhanced using artificial intelligence or other automated technologies, including AI-generated video, audio, or text formats (“AI-Generated Content”). Pocket FM reserves the right to modify the delivery format of any Content, including converting Content from one format to another (for example, text to video or audio to AI-generated video), at any time. Pocket FM may provide in-app notice when a content format changes mid-series for Content that has already been partially consumed by a user. AI-Generated Content is subject to the same terms and conditions as all other Content under these Terms of Service.

Payments, Coins, and Refunds

6.1 Purchase Eligibility. You must be at least 18 years old (or the age of majority in your jurisdiction) to make any purchase through the Service.

6.2 Premium Content and Payment. Certain Content on the Service (“Premium Content”) requires payment before you can access it. Payments are processed through third-party payment gateways using accepted payment methods (“Payment Methods”). Pocket FM is not liable for any errors, delays, or failures caused by third-party payment processors. By making a purchase, you represent that you are authorized to use the selected Payment Method.

6.3 Pricing and Availability. Pocket FM may change the pricing of any Content, subscription, or feature at any time. Pocket FM may also change, suspend, or remove Content from the Service at any time without prior notice.

6.4 Coins. The Service offers a virtual currency system (“Coins”). There are two types:

1. Base Coins: purchased with real currency through the Service.
2. Bonus Coins: provided free of charge through promotions, rewards, or other programs at Pocket FM’s discretion.

Coins are not legal tender, have no cash value, and are non-refundable and non-transferable. Coins may only be redeemed for eligible products or services within the Service. Coin pricing may vary, and all Coin purchases are final. Pocket FM may modify, limit, or discontinue the Coins program at any time. Unused Coins have no monetary value and will not be exchanged for cash or credit upon account termination.

6.5 General Refund Policy. All payments are non-refundable except as expressly provided in these Terms . Pocket FM does not provide credits or refunds for partial subscription periods, partially consumed Content, or unused Coins.

Rules of Conduct

7.1 You may not use the Service for any purpose that is unlawful or prohibited by these Terms. You must comply with all applicable laws, regulations, and rules when using the Service.

7.2 When using the Service, you will not:

1. Post, upload, or transmit any Content that belongs to another person or entity without their written permission or proper authorization.
2. Post, upload, or transmit any Content that is defamatory, libelous, obscene, pornographic, abusive, harassing, threatening, harmful to minors, or that violates any applicable law or regulation.
3. Infringe any intellectual property rights, including copyrights, trademarks, patents, or trade secrets of any third party.
4. Deceive, defraud, or mislead other users or Pocket FM, including through phishing, social engineering, or misrepresentation.
5. Impersonate any person, entity, or organization, or falsely state or misrepresent your affiliation with any person, entity, or organization.
6. Upload, transmit, or distribute viruses, malware, worms, Trojan horses, or any code, file, or program designed to interrupt, damage, or limit the functionality of the Service, any device, or any software.
7. Interfere with, disrupt, or place an unreasonable burden on the Service or its servers, networks, or infrastructure, including through denial-of-service attacks or excessive automated requests.
8. Attempt to hack, reverse engineer, decompile, disassemble, or otherwise gain unauthorized access to the Service, its source code, or any related systems, accounts, or data.
9. Use the Service to send spam, chain letters, pyramid schemes, unsolicited advertising, or any unauthorized commercial solicitation or promotion.
10. Collect, harvest, or disclose other users’ personal information without their consent or in violation of applicable law.
11. Exploit bugs, glitches, or design flaws in the Service for any purpose. You agree to report any such issues to Pocket FM promptly upon discovery.
12. Create, distribute, or use unauthorized server emulators, bots, scrapers, or other tools designed to interact with the Service in ways not expressly permitted by Pocket FM.

7.3 Pocket FM may, in its sole discretion, remove or refuse to post any Content, suspend or terminate accounts, and disclose information to law enforcement or other parties as it determines necessary to operate the Service, enforce these Terms, or comply with applicable law.

7.4 Content removed for violations of these Terms may be retained by Pocket FM for 180 days, or longer if required by applicable law, for purposes of investigation, compliance, or legal proceedings.

7.5 Any violation of this Section 7 constitutes grounds for immediate suspension or termination of your account and access to the Service, without prior notice and without liability to you.

Communications

8.1 Communications from Pocket FM. Pocket FM may send you communications related to your account, the Service, and your transactions (such as account verification, purchase confirmations, security alerts, and customer support messages) via email, SMS, in-app notification, or other channels. These communications are part of the Service and you may not opt out of them while you maintain an account.

8.2 Promotional Communications. With your consent, Pocket FM may send you promotional messages about new features, content, offers, and other marketing materials. You can manage your communication preferences or withdraw consent at any time by contacting us at: General Support: https://pocketfm.com/contact-us. Withdrawal of consent will not affect the lawfulness of communications sent before withdrawal.

8.4 Notices to Pocket FM. You may contact us in the following ways:

• General Support: https://pocketfm.com/contact-us
• Security concerns: https://pocketfm.com/security-advice-policy
• Legal concerns: legal@pocketfm.com
• Grievance Officer (India): grievances@pocketfm.com

8.5 Notices from Pocket FM. We may deliver notices to you through the Service, by email, or by written communication sent to the address associated with your account. Notice delivered through the Service or by email is effective at the time it is sent or posted.

Third-Party Content and Advertising

9.1 Advertising on the Service. The Service may display advertisements, promotions, sponsored content, and links to third-party websites or resources. Pocket FM may place advertising on, within, or in conjunction with the Service, including alongside or near User Submissions, without compensation to you.

9.2 Third-Party Websites and Content. The Service may contain links to websites, applications, or services operated by third parties. Pocket FM is not affiliated with, and does not endorse, any third-party website or its content. We are not responsible for the accuracy, completeness, legality, or appropriateness of any content, products, or services available through third-party websites. Your use of any third-party website is at your own risk and subject to that website’s terms and conditions and privacy policy. We encourage you to review those terms before using any third-party site.

9.3 No Liability for Third Parties. Pocket FM will not be liable for any loss or damage arising from your interactions with third-party websites, advertisers, or service providers, including any transactions you enter into with them. Any disputes between you and a third party are solely between you and that third party.

9.4 Marketing Materials and Promotional Content. Marketing materials, advertisements, and promotional content related to the Service reflect the current state of the Service at the time of publication. Specific features, Content formats, and functionalities depicted in advertisements or other marketing materials are subject to availability and may change at any time without notice. Pocket FM does not represent, warrant, or guarantee that any specific feature, format, or functionality shown or described in marketing materials will be available, will remain unchanged, or will be delivered in the format depicted. You acknowledge that the Service, including the delivery format of Content and the availability of AI Features, may evolve over time, and that marketing materials do not constitute a binding commitment regarding any particular feature, format, or functionality of the Service.

Intellectual Property Claims

Pocket FM respects the intellectual property rights of others and expects users to do the same.

10.1 Copyright Infringement Notices. If you believe that Content on the Service infringes your copyright, you may submit a written notice to our designated copyright agent as provided in Section 10.4 below. Your notice must include:

1. A physical or electronic signature of the copyright owner or a person authorized to act on the owner’s behalf;
2. Identification of the copyrighted work you claim has been infringed;
3. Identification of the material you claim is infringing, with enough detail for us to locate it on the Service;
4. Your contact information, including name, address, telephone number, and email address;
5. A statement that you have a good faith belief that the use of the material is not authorized by the copyright owner, its agent, or the law;
6. A statement, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the owner’s behalf.

10.2 Counter-Notices. If you believe your Content was removed or disabled as a result of mistake or misidentification, you may submit a counter-notification under the Digital Millennium Copyright Act (DMCA). To be effective, the counter-notification must include the information required by 17 U.S.C. § 512(g)(3).

10.3 Trademark Infringement. If you believe that Content on the Service infringes your trademark rights, please contact us with: (a) your contact information, (b) a description of the trademark you claim is being infringed, (c) the URL or location of the allegedly infringing material, and (d) a statement made in good faith that the use is not authorized by the trademark owner.

10.4 Designated Agent Contact Information. All copyright and trademark infringement notices should be sent in accordance with our Copyright Policy.

10.5 Repeat Infringers. Pocket FM reserves the right to terminate the accounts of users who are determined, in our discretion, to be repeat infringers of third-party intellectual property rights.

10.6 Good Faith Requirement. Any person who knowingly makes a material misrepresentation in a copyright or trademark infringement notice may be subject to liability. Before submitting a notice, consider whether the use of the material at issue is protected by fair use or another exception.

Termination

11.1 Termination by You. You may terminate your account at any time by contacting General Support: https://pocketfm.com/contact-us. If you have an active subscription at the time of termination, your access to your account and the subscription benefits will continue until the end of the current billing cycle. Prepaid subscription fees are non-refundable.

11.2 Termination by Pocket FM. Pocket FM may suspend, restrict, or terminate your access to the Service, or deactivate or delete your account, at any time, with or without cause, and with or without notice. Reasons for such action may include, but are not limited to, a violation of these Terms, a request by law enforcement, extended periods of inactivity, or unexpected technical or security issues.

11.3 Effect of Termination. Upon termination of your account, whether by you or by Pocket FM:

1. Your right to access and use the Service will cease immediately.
2. Pocket FM may deactivate your account and delete or discard any Content or data associated with it.
3. Any unused Coins in your account will be forfeited and are non-refundable.
4. You will remain liable for any obligations that accrued before termination.

11.4 Surviving Provisions. Termination of your account does not relieve you of obligations incurred before termination. The following provisions will survive termination of these Terms: Section 3 (ownership and intellectual property rights), Section 4 (license grants for User Submissions), Section 5 (AI-Powered Features and Tools, to the extent of license grants and disclaimers), Section 12 (Disclaimers and Limitation of Liability), Section 13 (Indemnification), Section 14 (Disputes and Governing Law), and Section 15 (General Provisions).

11.5 Survival of License Grants. All licenses you grant to Pocket FM under these Terms, including the licenses in Sections 4 and 5, will survive termination of your account and these Terms.

Disclaimers and Limitation of Liability

12.1 No Fiduciary Duty. Pocket FM owes no fiduciary obligations to you. To the extent any such duties may exist at law or in equity, you waive them to the fullest extent permitted by applicable law.

12.2 Releases. You release Pocket FM and its affiliates, officers, directors, employees, and agents from all claims, demands, and damages arising out of or in any way connected with (a) your use of, or inability to use, the Service or Content, and (b) any disputes or interactions between you and other users of the Service. If you are a California resident, you waive California Civil Code Section 1542, which provides: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”

12.3 Disclaimer of Warranties.

THE SERVICE AND ALL CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, POCKET FM DISCLAIMS ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. POCKET FM DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE OR ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

12.4 Limitation of Liability.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL POCKET FM OR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE SERVICE, REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF POCKET FM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

12.5 Liability Cap.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, POCKET FM’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE WILL NOT EXCEED: (A) Rs. 1,000 (INDIAN RUPEES ONE THOUSAND) FOR USERS RESIDING IN INDIA; OR (B) US$100 (ONE HUNDRED U.S. DOLLARS) FOR USERS RESIDING OUTSIDE INDIA.

12.6 Statute of Limitations. Any claim arising out of or relating to these Terms or the Service must be brought within one (1) year after the cause of action accrues. Any claim not filed within this period is permanently barred.

12.7 Jurisdictional Variations. Some jurisdictions do not allow the exclusion of implied warranties or the limitation or exclusion of liability for certain types of damages. If these laws apply to you, some or all of the above disclaimers or limitations may not apply, and you may have additional rights. In such cases, Pocket FM’s liability will be limited to the lowest amount permitted by applicable law.

Indemnification

13.1 Your Indemnification Obligations. You will defend, indemnify, and hold harmless Pocket FM and its affiliates, and their respective officers, directors, employees, and agents, from and against any claims, actions, demands, damages, losses, costs, liabilities, and expenses (including reasonable attorneys’ fees and legal costs) arising out of or relating to:

1. Your use or misuse of the Service;
2. Your User Submissions, including any claim that your User Submissions infringe or misappropriate a third party’s intellectual property or other rights;
3. Your violation of these Terms or any applicable law or regulation; or
4. Your infringement or violation of any third party’s rights, including intellectual property rights, privacy rights, or publicity rights.

13.2 Pocket FM’s Right to Assume Defense. Pocket FM reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Pocket FM. You agree to cooperate with Pocket FM in the defense of any such claim. You will not settle any claim without Pocket FM’s prior written consent.

13.3 Notice. Pocket FM will use reasonable efforts to notify you of any claim subject to indemnification under this Section 13, but any failure or delay in providing such notice will not relieve you of your indemnification obligations except to the extent you are materially prejudiced by the failure or delay. If Pocket FM does not notify you of a claim under this Section 13, that does not mean Pocket FM has breached these Terms.

Disputes and Governing Law

14.1 If You Reside in India. The following provisions apply if you reside in India:

1. Governing Law. These Terms and any disputes arising out of or relating to them or the Service will be governed by and construed in accordance with the laws of India.
2. Arbitration. Any dispute, controversy, or claim arising out of or relating to these Terms or the Service will be settled by binding arbitration under the Arbitration and Conciliation Act, 1996. The arbitration will be conducted by a sole arbitrator mutually appointed by the parties. The seat and venue of arbitration will be Bengaluru, India, and the language of the proceedings will be English.
3. Jurisdiction. Subject to the arbitration provision above, the courts of Bengaluru, India at Bengaluru will have exclusive jurisdiction over any proceedings arising out of or relating to these Terms.

14.2 If You Reside Outside India. The following provisions apply if you reside outside India:

1. Governing Law. These Terms and any disputes arising out of or relating to them or the Service will be governed by and construed in accordance with the laws of the State of California, without regard to its conflict-of-laws principles.
2. Negotiation. Before initiating arbitration, you or Pocket FM must send the other party a written notice describing the dispute and the relief sought. The parties will attempt in good faith to resolve the dispute through negotiation for at least 30 days from the date the notice is received. If the dispute is not resolved within that period, either party may proceed to arbitration.
3. Binding Arbitration. Any dispute not resolved through negotiation will be finally and exclusively resolved by binding arbitration before a neutral arbitrator administered under the American Arbitration Association (AAA) Consumer Arbitration Rules in the State of California in the county of Los Angeles. The arbitrator’s decision will be final and binding. Judgment on the arbitration award may be entered in any court of competent jurisdiction. The Federal Arbitration Act governs the interpretation and enforcement of this arbitration provision.
4. CLASS ACTION WAIVER. ALL DISPUTES WILL BE RESOLVED ON AN INDIVIDUAL BASIS ONLY. YOU AND POCKET FM EACH WAIVE THE RIGHT TO PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION, OR ANY OTHER REPRESENTATIVE PROCEEDING. UNLESS BOTH PARTIES AGREE OTHERWISE IN WRITING, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS.
5. Excluded Disputes. The following disputes are excluded from the arbitration requirement and may be brought in a court of competent jurisdiction:
   1. Claims relating to the infringement or misappropriation of intellectual property rights
   2. Claims involving the unauthorized use or disclosure of confidential information
   3. Actions to enforce an arbitration award
   4. Claims eligible for small claims court
6. Arbitration Format. Arbitration will be conducted by teleconference or videoconference unless the arbitrator determines that an in-person hearing is appropriate.
7. Costs. Arbitration costs and fees will be allocated in accordance with the AAA Consumer Arbitration Rules.

General Provisions

15.1 Entire Agreement. These Terms, together with the Privacy Policy and any supplemental terms referenced herein, constitute the entire agreement between you and Pocket FM regarding the Service and supersede all prior agreements, understandings, and communications, whether written or oral, relating to the subject matter hereof.

15.2 Severability. If any provision of these Terms is found to be unlawful, void, or unenforceable, that provision will be limited or eliminated to the minimum extent necessary so that the remaining provisions continue in full force and effect.

15.3 Waiver. Pocket FM’s failure to enforce any right or provision of these Terms will not constitute a waiver of that right or provision. Any waiver must be in writing and signed by Pocket FM to be effective.

15.4 Assignment. You may not assign or transfer these Terms, or any rights or obligations under them, without Pocket FM’s prior written consent. Pocket FM may assign these Terms, in whole or in part, to any subsidiary, affiliate, or acquirer of all or substantially all of Pocket FM’s business or assets, without restriction and without notice to you.

15.5 No Agency. Nothing in these Terms creates any agency, partnership, joint venture, or employment relationship between you and Pocket FM. Neither party has authority to bind the other.

15.6 Force Majeure. Pocket FM will not be liable for any failure or delay in performing its obligations under these Terms where such failure or delay results from causes beyond Pocket FM’s reasonable control, including natural disasters, war, terrorism, labor disputes, government actions, internet or telecommunications failures, or power outages.

15.7 Headings. Section headings are for convenience only and have no legal or contractual effect.

15.8 No Third-Party Beneficiaries. These Terms do not confer any rights or remedies on any person or entity other than you and Pocket FM.

15.9 Interpretation. As used in these Terms, “including” means “including, but not limited to.”

15.10 Modification. Pocket FM may modify these Terms at any time. We will notify you of material changes through the Service or by other reasonable means. Your continued use of the Service after such changes take effect constitutes your acceptance of the modified Terms. Material changes will not apply retroactively to disputes that arose before the date of the modification.

15.11 California Complaint Assistance. Under California Civil Code Section 1789.3, California users may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N-112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

15.12 Filtering. Pursuant to 47 U.S.C. Section 230(d), Pocket FM notifies you that parental control protections (such as computer hardware, software, or filtering services) are commercially available and may assist you in limiting access to material that is harmful to minors.

15.13 Electronic Records. A printed version of these Terms, and of any notice given in electronic form, will be admissible in judicial or administrative proceedings based on or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.