Terms of Use

1. Agreement to these terms

By downloading, installing, accessing, or using the ApolloFM application (the "App") or the website located at apollofm.app (the "Site"), collectively the "Services," you agree to be bound by these Terms of Use (the "Terms"). If you do not agree to all of these Terms, do not download, install, or use the Services.

The Services are published by Tarik Zukic ("we," "us," "our"). These Terms form a binding legal agreement between you ("you" or "your") and us.

These Terms supplement, and do not replace, the Apple Licensed Application End User License Agreement ("Apple EULA"), which also applies to your use of the App. In the event of a conflict between these Terms and the Apple EULA, the Apple EULA governs with respect to the relationship between you and Apple.

2. Description of the services

ApolloFM is a radio player application for iOS. It provides a simple, user-friendly way to discover and listen to live radio stations from around the world. ApolloFM is a player and directory only. We make it easy for you to find and tune in to publicly available radio streams - much like a traditional radio tunes into broadcast signals.

Station listings are sourced from the RadioBrowser open-source community directory. When you press play, your device connects directly to the radio station's own server to receive the audio stream. ApolloFM does not own, operate, host, license, produce, broadcast, or control any of the radio stations or any content they transmit. We do not store, cache, redistribute, or modify any audio content. The stations are independently owned and operated by third-party broadcasters, and we have no involvement in or influence over their programming, scheduling, advertisements, or editorial decisions.

Think of ApolloFM as a modern radio dial: we help you find stations and make it easy to listen, but the content you hear comes entirely from the broadcasters themselves.

Some features require an active ApolloFM Pro subscription (see Section 5). Other features, including browsing the station catalog, are available without a subscription.

3. Eligibility

You must be at least 13 years of age (or the minimum age required in your jurisdiction) to use the Services. By using the Services, you represent and warrant that you meet this requirement. If you are under 18 (or the age of legal majority in your jurisdiction), you represent that your parent or legal guardian has reviewed and agreed to these Terms on your behalf and consents to your use of the Services.

4. License grant and restrictions

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download and use the App on Apple devices that you own or control, solely for your personal, non-commercial use, in accordance with the Apple EULA.

You agree not to:

• Copy, modify, adapt, translate, distribute, sell, rent, lease, or sublicense any portion of the Services.
• Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the App, except to the extent expressly permitted by applicable law.
• Remove, alter, or obscure any copyright, trademark, or other proprietary rights notices.
• Use the Services for any commercial purpose, resale, or redistribution.
• Use the Services to violate any applicable law, regulation, or the rights of any third party.
• Attempt to bypass, disable, or interfere with any subscription, entitlement, or security mechanism.
• Scrape, harvest, or systematically access station data or metadata in bulk outside of normal personal App usage.
• Use automated means (bots, scripts, crawlers) to access the Services.
• Introduce malicious code, viruses, or any technology that could harm the Services or other users.
• Impersonate any person or entity or misrepresent your affiliation with any person or entity.
• Record, redistribute, or rebroadcast any audio streams accessed through the App without the express permission of the respective station owner and compliance with applicable copyright law.

We reserve the right to terminate your license and access to the Services immediately if you breach any of these restrictions.

5. ApolloFM Pro subscription

5.1 Features

ApolloFM Pro is an optional auto-renewing subscription that unlocks:

• Ad-free, uninterrupted playback.
• No listening caps or session limits.
• Unlimited saved stations.
• Full published stream bitrates.

5.2 Pricing and billing

The current price for ApolloFM Pro is $4.99 per month (or the local currency equivalent displayed at the time of purchase). Pricing may vary by region and is subject to change. The price applicable to your subscription will be displayed in the App Store before you confirm your purchase and will be the price charged unless we provide notice of a price change.

A 3-day free trial may be offered to eligible new subscribers. Trial eligibility is determined by Apple based on your Apple ID history and is subject to change.

5.3 Auto-renewal and cancellation

If a free trial was offered, the trial converts to a paid subscription unless you cancel before the trial period ends. No charge is incurred if you cancel during the trial period.

5.4 Restore purchases

If you have previously purchased ApolloFM Pro and need to restore it on the same or a new device, use the "Restore Purchases" option within the App. This restores your active subscription at no additional charge.

5.5 Refunds

All subscription fees are processed by Apple. We do not have the ability to issue refunds directly. Refund requests must be submitted to Apple in accordance with their refund policy. We make no guarantees regarding refund eligibility or approval by Apple.

5.6 No guaranteed features

We reserve the right to modify, add, or remove features included in ApolloFM Pro at any time. While we aim to maintain and improve the subscription offering, specific features are not guaranteed for the duration of your subscription.

6. Third-party content and station streams

ApolloFM serves as a player and directory that makes it easy to listen to radio stations. All audio content you hear through the App is created, owned, and broadcast by independent third-party radio stations. We do not create, produce, own, control, endorse, verify, license, curate, edit, or assume any responsibility whatsoever for any third-party content, including but not limited to music, talk programming, news, commentary, advertisements, or any other material broadcast by stations.

Because we are a player and not a broadcaster, we have no ability to control what any station plays, when they play it, or whether their content complies with any applicable law. We do not pre-screen, monitor, review, or filter station content in any way.

Station availability, stream quality, bitrate, and content may change or become unavailable at any time without notice. We make no guarantee, representation, or warranty that any particular station will be available, will function correctly, or will broadcast content that is lawful, accurate, or appropriate.

RadioBrowser, the community-maintained open-source directory that provides station listings, is operated by third parties. Station information (names, genres, country tags, stream URLs) may be inaccurate, outdated, incomplete, or contain errors. We are not responsible for the accuracy, completeness, or reliability of station metadata provided by RadioBrowser or any other source.

You acknowledge and agree that you listen to third-party radio content entirely at your own risk and discretion. You are solely responsible for evaluating the appropriateness, legality, and suitability of any content you access through the App.

7. User conduct

You agree to use the Services only for lawful purposes and in compliance with all applicable local, state, national, and international laws and regulations. You are solely responsible for your use of the Services and any consequences thereof.

8. Intellectual property

The App and its original content, features, functionality, design, code, user interface, and documentation are and remain the exclusive property of Tarik Zukic and are protected by copyright, trademark, trade secret, and other intellectual property laws. The ApolloFM name, logo, and visual identity are trademarks of Tarik Zukic. Nothing in these Terms grants you any right, title, or interest in our intellectual property except the limited license set forth in Section 4.

Station names, logos, trademarks, and broadcast content are the intellectual property of their respective owners. We claim no ownership of any third-party content accessible through the App.

9. Copyright and DMCA

We respect intellectual property rights. ApolloFM does not host, store, or redistribute any audio content. The App connects users directly to publicly available streams operated by third-party broadcasters. If you believe that any content accessible through the App infringes your copyright, please contact us at info@quackdb.app with the following information:

• A description of the copyrighted work you claim has been infringed.
• Identification of the allegedly infringing material and its location within the App (e.g., station name).
• Your contact information (name, address, telephone number, email).
• A statement that you have a good faith belief that the use is not authorized by the copyright owner, its agent, or the law.
• A statement, under penalty of perjury, that the information in your notification is accurate and that you are the copyright owner or authorized to act on behalf of the owner.
• Your physical or electronic signature.

Upon receipt of a valid notice, we will make reasonable efforts to remove the identified station listing from the App's directory. Because we do not host the stream itself, the stream may remain available from the broadcaster or other directories.

10. Disclaimer of warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED ON AN "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS" BASIS. TARIK ZUKIC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO:

• IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
• WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE.
• ANY WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR FREE OF VIRUSES, MALWARE, OR OTHER HARMFUL COMPONENTS.
• ANY WARRANTY REGARDING THE ACCURACY, RELIABILITY, COMPLETENESS, OR QUALITY OF ANY STATION METADATA, STREAM DATA, OR THIRD-PARTY CONTENT.
• ANY WARRANTY THAT STATION STREAMS WILL BE AVAILABLE, WILL PLAY AT A PARTICULAR QUALITY, OR WILL CONTAIN LAWFUL OR APPROPRIATE CONTENT.
• ANY WARRANTY THAT THE APP WILL BE COMPATIBLE WITH YOUR DEVICE OR MEET YOUR REQUIREMENTS.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM US OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. IN SUCH JURISDICTIONS, THE ABOVE EXCLUSIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

11. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TARIK ZUKIC, ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, SUCCESSORS, OR ASSIGNS (COLLECTIVELY, THE "RELEASED PARTIES") BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY:

• INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES;
• LOSS OF PROFITS, REVENUE, BUSINESS, SAVINGS, GOODWILL, OR ANTICIPATED SAVINGS;
• LOSS OF DATA OR DATA CORRUPTION;
• LOSS OF USE OR INABILITY TO USE THE SERVICES;
• PERSONAL INJURY OR PROPERTY DAMAGE RELATING TO YOUR USE OF THE SERVICES;
• ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DEVICE OR DATA;
• ANY CONDUCT OR CONTENT OF ANY THIRD PARTY, INCLUDING RADIO STATION OPERATORS;
• ANY CONTENT OBTAINED FROM OR THROUGH THE SERVICES; OR
• ANY OTHER MATTER RELATING TO THE SERVICES;

WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, STATUTE, OR ANY OTHER LEGAL THEORY, EVEN IF THE RELEASED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THE TOTAL AGGREGATE LIABILITY OF THE RELEASED PARTIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICES SHALL NOT EXCEED THE GREATER OF: (A) THE AMOUNTS YOU ACTUALLY PAID TO US (NOT TO APPLE) IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (B) FIFTY UNITED STATES DOLLARS (US $50.00).

THE LIMITATIONS SET FORTH IN THIS SECTION SHALL APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THESE TERMS IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES. IN SUCH JURISDICTIONS, THE ABOVE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

12. Indemnification

You agree to defend, indemnify, and hold harmless the Released Parties from and against any and all claims, demands, actions, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees and legal costs) arising out of or relating to:

• Your use or misuse of the Services.
• Your violation of these Terms.
• Your violation of any applicable law, regulation, or the rights of any third party.
• Any content you access, listen to, record, or redistribute through the Services.
• Any claim by a third party related to your use of the Services.

This indemnification obligation will survive the termination of these Terms and your use of the Services.

13. Assumption of risk

You expressly acknowledge and agree that your use of the Services is at your sole risk. You voluntarily assume all risk associated with listening to third-party audio content, connecting to third-party servers, and using the App. You acknowledge that audio content accessible through the App is created and broadcast by independent third parties and may contain material that is offensive, objectionable, inaccurate, or otherwise inappropriate. We have no obligation to monitor, screen, or filter third-party content.

14. Dispute resolution and arbitration

14.1 Informal resolution first

Before initiating any formal dispute resolution proceeding, you agree to first contact us at info@quackdb.app and attempt to resolve the dispute informally for at least thirty (30) days. Most concerns can be resolved this way.

14.2 Binding arbitration

If we cannot resolve a dispute informally, you and Tarik Zukic agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Services (including the formation, existence, breach, termination, enforcement, interpretation, validity, or enforceability of these Terms) shall be resolved by binding individual arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules then in effect, as modified by these Terms.

The arbitration shall be conducted by a single arbitrator, in the English language, in the county where you reside or, at your election, by telephone, videoconference, or online. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

If your claim does not exceed $10,000, we will pay all AAA filing, administration, and arbitrator fees associated with the arbitration, unless the arbitrator finds that your claim was frivolous or brought for an improper purpose.

14.3 Class action waiver

YOU AND TARIK ZUKIC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING. The arbitrator may not consolidate more than one person's claims and may not preside over any form of representative or class proceeding. If this class action waiver is found to be unenforceable, the entirety of this arbitration provision shall be null and void.

14.4 Exceptions

Notwithstanding the above, either party may bring an individual action in small claims court for claims within the court's jurisdiction. Either party may also seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights.

14.5 Opt-out

You may opt out of this arbitration and class action waiver by sending written notice to info@quackdb.app within thirty (30) days of first downloading or using the App. Your notice must include your name, mailing address, and a clear statement that you wish to opt out of arbitration. If you opt out, disputes will be resolved in accordance with Section 15.

15. Governing law and jurisdiction

These Terms and any disputes arising out of or relating to these Terms or the Services shall be governed by and construed in accordance with the laws of the State of Washington, United States, without regard to its conflict of law provisions.

If the arbitration provision in Section 14 does not apply (including if you have validly opted out), you and Tarik Zukic agree to submit to the exclusive personal jurisdiction of the state and federal courts located in King County, Washington for the purpose of litigating any dispute.

16. Termination

We reserve the right to suspend or terminate your access to the Services at any time, with or without prior notice, and for any reason, including if we reasonably believe you have violated these Terms or if your use of the Services creates legal, regulatory, or security risk for us. Upon termination:

• Your license to use the App ceases immediately.
• You must delete all copies of the App from your devices.
• Sections 6, 8, 9, 10, 11, 12, 13, 14, 15, and 20 survive termination.

Termination of your access does not relieve you of any obligations incurred prior to termination or any obligations that by their nature survive termination (including payment obligations, indemnification, limitation of liability, and dispute resolution).

17. Modifications to the services

We reserve the right to modify, suspend, or discontinue the Services (or any feature or part thereof) at any time, temporarily or permanently, with or without notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuance of the Services.

18. Changes to these terms

We may update these Terms from time to time. If we make material changes, we will update the "Last updated" date at the top of this page and, where practicable, provide additional notice. Your continued use of the Services after any changes are posted constitutes your acceptance of the updated Terms. If you do not agree to the updated Terms, you must stop using the Services and delete the App.

19. Force majeure

We shall not be liable for any failure or delay in performing our obligations under these Terms where such failure or delay arises from circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemic, war, terrorism, civil unrest, government action, power outages, internet or telecommunications failures, third-party service outages (including Apple, RadioBrowser, or radio station operators), cyberattacks, or labor disputes.

20. General provisions

20.1 Entire agreement

These Terms, together with our Privacy Policy and the Apple EULA, constitute the entire agreement between you and Tarik Zukic regarding the Services and supersede all prior or contemporaneous agreements, understandings, representations, and warranties, whether written or oral, regarding the Services.

20.2 Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court or arbitrator of competent jurisdiction, the invalidity of that provision shall not affect the validity of the remaining provisions, which shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving the original intent.

20.3 Waiver

The failure of Tarik Zukic to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. No waiver of any provision shall be effective unless in writing and signed by an authorized representative of Tarik Zukic.

20.4 Assignment

You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations under these Terms without restriction, including in connection with a merger, acquisition, sale of assets, or by operation of law.

20.5 No third-party beneficiaries

These Terms are for the benefit of you and Tarik Zukic only. No third party shall have any right to enforce any provision of these Terms, except that Apple and its subsidiaries are third-party beneficiaries of these Terms as set forth in the Apple EULA.

20.6 Electronic communications

By using the Services, you consent to receiving communications from us electronically. You agree that all agreements, notices, disclosures, and other communications that we provide electronically satisfy any legal requirement that such communications be in writing.

20.7 Statute of limitations

To the fullest extent permitted by applicable law, any claim or cause of action arising out of or related to your use of the Services or these Terms must be filed within one (1) year after such claim or cause of action arose, or it shall be forever barred.

20.8 Headings

The section headings in these Terms are for convenience only and have no legal or contractual significance.

21. Consent to use of data

You agree that Tarik Zukic may collect and use technical data and related information - including but not limited to technical information about your device, system and application software, and peripherals - that is gathered periodically to facilitate the provision of software updates, product support, and other services related to the App (if any). We may use this information, as long as it is in a form that does not personally identify you, to improve our products or to provide services or technologies to you. For further detail on what data we do and do not collect, please see our Privacy Policy.

22. U.S. Government end users

The App and related documentation are "Commercial Items" as defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation" as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished rights reserved under the copyright laws of the United States.

23. Apple-specific terms

The following terms apply to the extent the App is accessed through or downloaded from the Apple App Store:

• These Terms are between you and Tarik Zukic only, not with Apple. Tarik Zukic is solely responsible for the App and its content.
• Apple has no obligation to provide maintenance, support, or warranty services for the App.
• 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 (if any) for the App. To the maximum extent permitted by applicable law, Apple has no other warranty obligation with respect to the App.
• Tarik Zukic, not Apple, is responsible for addressing any claims relating to the App, including product liability claims, claims that the App fails to conform to any applicable legal or regulatory requirement, and claims arising under consumer protection or similar legislation.
• 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, Tarik Zukic, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such claim.
• Apple and its subsidiaries are third-party beneficiaries of these Terms. Upon your acceptance of these Terms, Apple will have the right to enforce these Terms against you as a third-party beneficiary.
• You represent and warrant that: (a) you are not located in a country subject to a U.S. Government embargo or designated as a "terrorist supporting" country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.
• You may not use or otherwise export or re-export the App except as authorized by United States law and the laws of the jurisdiction in which the App was obtained. In particular, but without limitation, the App may not be exported or re-exported (a) into any U.S.-embargoed countries or (b) to anyone on the U.S. Treasury Department's Specially Designated Nationals List or the U.S. Department of Commerce Denied Persons List or Entity List.

Except to the extent expressly provided in Section 15, the relationship between you and Apple with respect to the App shall be governed by the laws of the State of California, excluding its conflicts of law provisions. If (a) you are not a U.S. citizen; (b) you do not reside in the U.S.; (c) you are not accessing the App from the U.S.; and (d) you are a citizen of a European Union country, Switzerland, Norway, or Iceland, any dispute or claim between you and Apple arising from these Terms shall be governed by the laws of and subject to the jurisdiction of the courts of your usual place of residence.

24. Contact

Questions, concerns, or notices regarding these Terms should be sent to:

Tarik Zukic
info@quackdb.app