Terms of use

These Terms of Use (the "Terms") form a binding agreement between you and Satyartha Saxena, an individual based in India, who operates Philosopher In My Pocket ("we", "us", "our"). They govern your access to and use of the Philosopher In My Pocket application, website and related services (together, the "Service"). By accessing or using the Service, you confirm that you have read, understood and agree to be bound by these Terms and by our Privacy Policy. If you do not agree, you must not use the Service.

Definitions

• "User Content" means any text, voice input or other material you submit to the Service.
• "Output" means any response, text or audio generated by the Service in reply to User Content.
• "Our Materials" means the Service and everything in it other than User Content, including its software, source code, design, layout, interface, text, the Library and its chapters, concept descriptions, selections and arrangements, illustrations, paintings, images, artwork and other visual material (whether created by people, with the assistance of artificial intelligence tools, or both), audio, names, logos and trade dress.

Eligibility

You must be at least 13 years of age to use the Service. If you are under 18 years of age, or otherwise not legally able to enter into a binding contract, you may use the Service only with the permission of your parent or legal guardian, who accepts these Terms on your behalf and is responsible for your use of the Service. Paid plans may be purchased only by a person aged 18 or over. By using the Service you represent that you meet these requirements.

Nature of the Service

The Service provides general reflections and perspectives drawn from philosophical traditions and from the public careers of athletes, for personal reflection only. The Service does not provide, and must not be relied upon as, medical, psychological, psychiatric, counselling, therapeutic, legal, financial or any other professional advice, diagnosis or treatment. It is not a crisis or emergency service. If you or anyone else is at risk of harm, contact your local emergency services (112 in India) or a crisis helpline immediately; the "Help right now" page lists helplines and is available without an account. You are solely responsible for any decision or action you take, or decline to take, in connection with the Service.

AI-generated Output

Output is produced by automated systems, including artificial intelligence models provided by third parties. Output may be inaccurate, incomplete, inappropriate for your circumstances or inconsistent with other Output, and may be expressed with more confidence than is warranted. Output does not represent the views of any philosopher, author, athlete or other person, and no such person has written, reviewed or endorsed it. You must evaluate all Output independently. We do not guarantee that Output is unique, and similar Output may be provided to other users.

Your decisions and your risk

1. Output offers a way of looking at a situation. It is not an instruction, a recommendation to take any particular step, or a prediction of what will happen if you do. Any suggestion in Output is one possibility for you to consider and nothing more.
2. The Service does not know your full circumstances, cannot verify anything you tell it, and cannot weigh matters you have not mentioned. It cannot assess your health, your safety, your legal position or your finances.
3. You alone decide what, if anything, to do. Any decision you make or action you take or do not take, including in relation to your health, relationships, family, employment, education, money or legal affairs, is made on your own judgment and entirely at your own risk.
4. Before acting on any matter of consequence, you should obtain advice from a suitably qualified professional who knows your circumstances. You must not disregard professional advice, or delay seeking it, because of anything in the Service.

No promise of any result

We do not promise, represent or guarantee that using the Service will improve how you feel, resolve any difficulty, change any situation or lead to any particular result. Any description of the Service in the Service itself, in a store listing, on our website or elsewhere describes what the Service is intended to do and is not a promise of outcome.

No professional relationship

Your use of the Service does not create a doctor-patient, therapist-client, counsellor-client, lawyer-client, adviser-client, fiduciary or any other professional or confidential relationship between you and us, or between you and any person named in the Service. Nobody reviews your conversations, monitors your wellbeing or follows up on what you write. The helplines the Service shows are run by independent organisations; we do not operate them and are not responsible for them.

Listen

Audio in the Service is produced by automated text-to-speech systems. It may mispronounce, misread or omit words. Where the audio and the written text differ, the written text is the Output.

Athletes and third-party names

References to athletes are our own interpretation of publicly reported sporting events. The athletes, their clubs, teams, leagues and sponsors are not affiliated with, and have not sponsored, approved or endorsed, the Service. All third-party names, marks and logos belong to their respective owners and are used for identification only.

Accounts, free trial and fair use

1. You must sign in with a Google account or, where the Service offers it, an Apple account, to use the Service. You are responsible for the security of that account, of the device you use, and for all activity under your account.
2. A free trial of thirty (30) days is available once per person, per email address and per device. You must not create multiple accounts or take any other step to obtain additional free trials.
3. An account is intended for use on one device at a time; signing in on another device may end the session on the first.
4. Use of the Service is subject to fair-use limits that we set and may change from time to time. We will notify you in the Service before reducing them.
5. No fee is ever charged unless you expressly choose a paid plan under the section below.

Paid plans, renewal and refunds

1. Plans. We offer a monthly and a yearly plan. The price, the billing period and any applicable tax are shown in the Service before you buy. Every plan gives access to the whole Service, subject to the fair-use limits above. A founder discount, where offered, applies as described at the time of purchase.
2. Who sells the plan. On the web, plans are sold by our reseller Paddle.com, which acts as the merchant of record and handles payment, tax and invoices; Paddle's buyer terms also apply to that purchase. A plan bought inside an app downloaded from the Apple App Store or Google Play is billed by Apple or Google under their own terms.
3. Automatic renewal. A plan renews automatically at the end of each billing period, at the price then in force, until you cancel. We will tell you in advance before a new price applies to your next renewal.
4. Cancelling. You can cancel at any time: on the web through "Manage or cancel" in your account, or for a store purchase in the store's subscription settings. Cancelling stops the next renewal; you keep access until the end of the period you have paid for.
5. Trial days. If you buy a plan while your free trial is still running, the remaining trial days are added on top of the paid period.
6. Refunds. The thirty-day free trial is your chance to try the Service before paying, so payments are not refundable, except where you were charged twice for the same period, charged after cancelling, or charged because of our mistake. Write to us and we will put it right. If a payment is refunded in full or reversed, the plan ends. Nothing in this section limits any right you have under the consumer law that applies to you, or under the refund rules of Paddle, Apple or Google.

Acceptable use

The Service is licensed for your personal, non-commercial use only. You must not, and must not attempt to, or permit any other person to:

1. copy, reproduce, download, save, screenshot for redistribution, extract, scrape, harvest, frame, mirror, republish, distribute, sell, license, transmit or create derivative works from any of Our Materials, including any image, painting, illustration or Library text;
2. use any of Our Materials or Output to train, fine-tune, evaluate or benchmark any artificial intelligence or machine-learning model or system, or to build any dataset;
3. decompile, disassemble, reverse engineer or otherwise attempt to derive the source code, models, prompts, instructions, configuration, methods, limits, safeguards or underlying structure of the Service, except to the limited extent that applicable law expressly permits despite this restriction;
4. probe, test or circumvent any security, rate limit, fair-use limit, content safeguard or access control, or attempt to elicit the Service's internal instructions;
5. access the Service by automated means, including bots, crawlers, scripts or unofficial clients, or place an unreasonable load on its infrastructure;
6. use the Service as a general-purpose AI assistant, or for any purpose other than personal reflection;
7. use the Service to build, support or market a competing product or service;
8. remove, obscure or alter any proprietary notice or attribution;
9. use the Service unlawfully, fraudulently, to harm, harass, impersonate or deceive any person, or to submit material that infringes any right of any third party; or
10. resell, sublicense or otherwise make the Service available to any third party.

Intellectual property

1. Ownership. Our Materials are owned by us or our licensors and are protected by copyright, trademark, database and other intellectual property laws and by these Terms. All rights not expressly granted to you are reserved.
2. Images and artwork. Every painting, illustration, image and other visual work in the Service, including works created with the assistance of artificial intelligence tools, together with the selection, arrangement and presentation of those works, forms part of Our Materials. To the fullest extent permitted by law, we own all rights in them. Whether or not any particular work attracts copyright protection under applicable law, you agree, as a binding condition of your licence to use the Service, not to copy, download, extract, reproduce, distribute, publish, modify, sell or otherwise use any such work outside the Service.
3. Works previously published. Paragraphs 1 and 2 of this section apply equally to every image, artwork and text published in or through the Service at any time, including versions that have since been replaced or withdrawn.
4. Your licence. Subject to your continuing compliance with these Terms, we grant you a limited, personal, revocable, non-exclusive, non-transferable and non-sublicensable licence to access and view Our Materials within the Service, on a device you own or control, solely for your personal, non-commercial use.
5. Our name and marks. "Philosopher In My Pocket", its logos and its visual identity are our trademarks and trade dress. You may not use them without our prior written consent.
6. Feedback. If you send us suggestions or feedback, we may use them freely and without any obligation to you.

Your content and Output

1. You retain ownership of your User Content. You grant us a limited, worldwide, royalty-free licence to host, transmit and process User Content solely to provide the Service to you, as described in our Privacy Policy. We do not store your conversations on our servers.
2. You are responsible for your User Content and confirm that you have the right to submit it.
3. Subject to these Terms, you may use Output for your own personal, non-commercial purposes, including sharing it through the Service's share features. This does not grant you any right in Our Materials that appear in or alongside Output, such as images, artwork, Library text or our name and marks.

Things you share and things on your device

1. The Service lets you share Output, with or without the words you wrote. Anything you share leaves the Service by your own choice and through your device's own sharing tools. You are solely responsible for what you share, with whom, and for what recipients do with it.
2. Your conversations are kept on your device, not on our servers. You are responsible for your device, for who can use it, and for any copy or backup you choose to make. If you lose your device, clear its storage or remove the application, your conversations may be lost and we cannot restore them unless you made your own backup.
3. The optional lock on "Your book" is a screen lock intended to keep a casual reader out. It does not encrypt your conversations and is not a guarantee against access by a person who has your device or your account.

Other people in what you write

You may write about other people. You are responsible for what you submit about any other person and for having the right to submit it. You must not submit another person's identity documents, financial account details, health records or passwords. Output about another person is based only on your own description and is not a finding of fact about that person.

Third-party services

The Service relies on third-party services, including sign-in, hosting, AI and voice providers, whose own terms may apply to your use of them. We are not responsible for third-party services, and their unavailability may affect the Service.

Changes to the Service and to these Terms

We may modify, suspend or discontinue any part of the Service at any time. We may amend these Terms; the amended Terms will be published here with a new effective date, and material changes will be notified in the Service. Your continued use of the Service after an amendment takes effect constitutes acceptance of it.

Suspension and termination

You may stop using the Service and delete your account at any time. We may suspend or terminate your access, with or without notice, if we reasonably believe you have breached these Terms, if required by law, or to protect the Service, other users or third parties. Clauses relating to your decisions and your risk, the release, intellectual property, acceptable use, disclaimers, limitation of liability, indemnity and governing law survive termination.

Disclaimer of warranties

To the maximum extent permitted by applicable law, the Service, Our Materials and all Output are provided on an "as is" and "as available" basis, without warranties, representations or conditions of any kind, whether express, implied or statutory, including any implied warranties of merchantability, fitness for a particular purpose, accuracy, completeness, availability, title and non-infringement. We do not warrant that the Service will be uninterrupted, timely, secure or error-free, that defects will be corrected, or that any Output will be accurate, reliable or suitable for you.

Release

To the maximum extent permitted by applicable law, you release us and our affiliates, licensors and service providers from all claims, demands and damages of every kind arising out of or connected with (a) any decision you make or action you take or do not take after using the Service, (b) your reliance on any Output, (c) anything you share from the Service, and (d) any dispute between you and another person. This release does not apply to liability that cannot lawfully be released.

Limitation of liability

1. To the maximum extent permitted by applicable law, we, and our affiliates, licensors and service providers, shall not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for any loss of profits, revenue, goodwill, data, opportunity or anticipated savings, or for any personal, emotional, relationship, employment, financial or health-related outcome, arising out of or in connection with the Service, any Output, any reliance on any Output, or any inability to use the Service, however caused and whether in contract, tort (including negligence), breach of statutory duty or otherwise, even if advised of the possibility of such loss.
2. To the maximum extent permitted by applicable law, our total aggregate liability arising out of or in connection with these Terms or the Service shall not exceed the greater of (a) the total amount you paid us for the Service in the twelve (12) months before the event giving rise to the claim, and (b) one thousand Indian rupees (INR 1,000).
3. Nothing in these Terms excludes or limits any liability that cannot lawfully be excluded or limited, including liability for fraud, or any right you have as a consumer under applicable law that cannot be waived.

Indemnity

You agree to indemnify and hold harmless us and our affiliates, licensors and service providers from any claims, losses, liabilities, damages, costs and expenses (including reasonable legal fees) arising out of your breach of these Terms, your misuse of the Service, or your violation of any law or of any right of a third party.

Talk to us first

Before starting any legal proceedings about the Service, you agree to write to us at the address in "Contact and grievances" describing the problem, and to give us thirty (30) days from that message to resolve it. This does not affect any right you have under consumer law to approach a consumer authority or forum.

Governing law and disputes

These Terms and any dispute or claim arising out of or in connection with them or the Service are governed by the laws of India. Subject to any mandatory consumer protection law that gives you the right to bring proceedings elsewhere, the competent courts at Delhi, India shall have exclusive jurisdiction.

Contact and grievances

Questions about these Terms, and any grievance, may be sent to our grievance officer, Satyartha Saxena, at satyartha.work@gmail.com. We will acknowledge a grievance and aim to resolve it within the time required by applicable law.

Apple App Store and Google Play

If you obtained the Service from the Apple App Store or Google Play, the following also applies.

1. These Terms are between you and us only, not with Apple Inc. or Google LLC (each a "Store"). We, not the Store, are solely responsible for the Service and its content.
2. Your licence is limited to use on a device you own or control, as permitted by the Store's own usage rules.
3. The Store has no obligation to provide any maintenance or support for the Service.
4. If the Service fails to conform to any warranty that cannot lawfully be excluded, you may notify the Store, which may refund the purchase price, if any; to the maximum extent permitted by law the Store has no other warranty obligation, and any other claim is our responsibility under these Terms.
5. The Store is not responsible for addressing any claim by you or a third party relating to the Service, including product liability claims, claims that the Service fails to conform to any legal or regulatory requirement, consumer protection or privacy claims, and intellectual property claims.
6. You confirm that you are not located in a country subject to a government embargo, and are not on any government list of prohibited or restricted parties.
7. Apple and its subsidiaries are third-party beneficiaries of these Terms and, once you accept them, may enforce them against you as a third-party beneficiary.

General

These Terms, together with the Privacy Policy, are the entire agreement between you and us regarding the Service. If any provision is held invalid or unenforceable, the remaining provisions remain in full force, and the invalid provision shall be modified to the minimum extent necessary to make it enforceable. Our failure to enforce any right is not a waiver of it. You may not assign or transfer these Terms; we may assign them in connection with a reorganisation or a transfer of the Service. We are not liable for any failure or delay caused by events beyond our reasonable control. Headings are for convenience only. If these Terms are translated, the English version prevails.