Terms of Service

Introduction

These Terms of Service ("Terms") are a binding contract between you and Pocket Bard Inc., a New Jersey corporation with its principal place of business at 157A 1st Street, Unit 347, Jersey City, New Jersey 07302 ("Pocket Bard," "we," "us," or "our"). They govern your access to and use of our mobile applications, websites, and related services (collectively, the "Service"), including all audio content, music, sound effects, and scenes ("Content").

By downloading, installing, or using the Service, you agree to these Terms. If you do not agree, do not use the Service.

Eligibility

You must be at least 18 years old to use the Service. By accessing or using the Service, you represent and warrant that you are 18 years of age or older.

The Service

The Service offers free lifetime access to our Fantasy Essentials scenes and, via paid Open Worlds subscription (billed through Apple App Store or Google Play Store), additional scenes, one-shots, ambiences, and updates. All Content is human-composed by licensed artists and provided royalty-free for personal and streaming use as described below. We may modify, suspend, or discontinue features at any time.

Licenses & Permitted Uses

Your License

Subject to your compliance with these Terms, Pocket Bard Inc. grants you a limited, non-exclusive, non-sublicensable, non-transferable, and revocable license to access and use the Content solely in accordance with the permitted uses set forth in this Section. You may not use any Content to train artificial intelligence or machine learning models.

Tabletop Gaming Use

You may use Pocket Bard audio to score tabletop gaming sessions, whether played in-person or virtually, and whether experienced live, streamed, recorded, or shared after the fact. This includes actual play podcasts, livestreams, and recorded session content, even if monetized, so long as the audio is used in connection with a tabletop game. Credit to Pocket Bard is required for any content shared with an audience. For tabletop gaming content, a casual mention that best fits the production is sufficient.

Non-Tabletop Use

Use of Pocket Bard audio outside of tabletop gaming contexts, including but not limited to films, non-TTRPG video content, non-gaming events, and commercial productions unrelated to tabletop play, requires prior written permission from Pocket Bard and proper credit to both Pocket Bard and the composers of the audio used. For unique use cases not covered above, or to request permission, contact partnerships@pocketbard.app. For approved non-tabletop uses, specific credit requirements will be provided as part of the approval process.

No Endorsement

Permission to use Pocket Bard audio does not constitute a sponsorship, endorsement, or partnership of any kind. Pocket Bard is not responsible for, and does not officially represent or support, any content in which its audio appears. All views, opinions, and productions remain solely those of their creators.

Ownership

All Content is and shall remain the exclusive property of Pocket Bard Inc. and/or its licensors and is protected by copyright and other intellectual property laws. Except for the express limited license granted in this Section, no other license, right, title, or interest is granted to you by implication, estoppel, or otherwise.

Prohibited Conduct

You agree not to engage in any use of the Content or Service except as expressly permitted above, and further agree not to: (a) copy, rip, or redistribute Content except as expressly permitted; (b) use automated means to scrape or collect data; (c) reverse-engineer the Service; (d) share login credentials; (e) use Content in any way that infringes third-party rights or violates law; or (f) use the Service for any purpose not expressly permitted herein.

Payments & Subscriptions

Subscriptions are handled exclusively by Apple and Google. We do not store payment details. Price changes apply to future periods. No refunds for partial periods except where required by law.

Intellectual Property & Infringement

All Content is protected by copyright and other laws. We respect others' IP and expect you to do the same.

Support

For help, contact us at support@pocketbard.app or join our Discord community.

Termination

We may suspend or terminate your access for breach or at our discretion. Upon termination, your right to use the Service ends, but Sections 4 (Licenses & Permitted Uses), 10 (Disclaimers & Liability), 11 (Arbitration), and 12 (General) survive.

Disclaimers & Liability

Arbitration Agreement

Agreement to Arbitrate

Any dispute, claim, or controversy arising out of or relating to these Terms, the Service, or Content (including statutory claims under CCPA, CIPA, TCPA, or similar laws) shall be resolved exclusively by binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, in Jersey City, New Jersey.

Class Action Waiver

You and Pocket Bard agree to resolve disputes on an individual basis only. You waive any right to participate in a class action, class arbitration, private attorney general action, or any other representative proceeding. The arbitrator's decision will be final and binding.

Opt-Out

You may opt out of arbitration within 30 days of first using the Service by emailing support@pocketbard.app with "Arbitration Opt-Out" in the subject line.

This section survives termination.

General

Governing Law

These Terms are governed by New Jersey law without regard to conflict-of-laws principles.

Miscellaneous

These Terms constitute the entire agreement between you and Pocket Bard regarding the Service. If any provision is held invalid, the remainder remains enforceable. No waiver of any breach shall be a waiver of any other. We may update these Terms; continued use constitutes acceptance.