Welcome to Audiolly, an audio entertainment platform operated by RED EMBER MEDIA HOUSE PRIVATE LIMITED.

These Terms & Conditions (“Terms”, “Terms of Use” or “Agreement”) govern your access to and use of the Audiolly application, website, audio content, features, services, subscriptions, Coins/Credits and other services provided through Audiolly.

By downloading, accessing, registering for, or using Audiolly, you acknowledge that you have read, understood and agreed to these Terms.

If you do not agree with these Terms, please do not use Audiolly.

Audiolly is an audio entertainment platform that provides access to audio stories, audio series, literature, mythology, children's content, fiction, romance, suspense, horror, crime, motivational content, devotional content, cultural content and other audio entertainment.

Audiolly may offer content created, commissioned, licensed, acquired or otherwise lawfully made available by RED EMBER MEDIA HOUSE PRIVATE LIMITED and/or third-party creators, writers, performers, producers, publishers or rights holders.

Audiolly may continuously add, remove, modify or reorganise content and features.

For these Terms:

• “Audiolly”, “we”, “us” or “our” means RED EMBER MEDIA HOUSE PRIVATE LIMITED and, where applicable, its affiliates, licensors and authorised representatives.
• “User”, “you” or “your” means any person who accesses or uses Audiolly.
• “Content” means audio stories, episodes, recordings, scripts, literary works, music, sound effects, artwork, images, text, metadata, graphics, videos, promotional material and other materials available through Audiolly.
• “Premium Content” means Content that requires a subscription, Coins, Credits, purchase or other payment for access.
• “Coins” or “Credits” means virtual units that may be used within Audiolly for eligible Content or features.
• “Subscription” means a paid recurring or fixed-period plan providing specified access or benefits.

By using Audiolly, you agree to:

• 1. comply with these Terms;
• 2. comply with applicable Indian laws and regulations;
• 3. comply with applicable app-store and payment-provider rules;
• 4. respect Audiolly's intellectual property and the rights of third parties; and
• 5. use Audiolly only for lawful and permitted purposes.

These Terms apply whether you access Audiolly through a mobile application, website, browser, smart device or any other supported platform.

You must be legally capable of entering into a binding agreement to use paid services.

If you are below the age permitted to independently use or purchase the relevant service under applicable law, you must use Audiolly with the involvement and permission of your parent or legal guardian.

Parents and guardians are responsible for supervising minors' use of Audiolly and purchases made through their devices or accounts.

Audiolly may apply age ratings or content restrictions to particular Content.

Certain Audiolly features may require an account.

You agree to provide accurate and current information when creating an account.

Audiolly may require additional verification where reasonably necessary for security, payments or fraud prevention.

Audiolly may provide:

• free audio content;
• premium audio content;
• episodic audio series;
• subscriptions;
• Coins/Credits;
• advertisements;
• sponsored content;
• personalised recommendations;
• downloads or offline listening;
• creator-generated content;
• promotional campaigns; and
• other features introduced from time to time.

Audiolly does not guarantee that every feature or Content item will always be available.

Content may vary by:

• country or territory;
• language;
• licensing rights;
• age restrictions;
• subscription plan;
• payment status;
• device;
• operating system;
• technical limitations; or
• other commercial or legal considerations.

Audiolly may add, remove, replace, edit, suspend or modify Content at any time where reasonably necessary.

Certain Content may be available only for a limited period.

Audiolly and its licensors retain all rights, title and interest in and to the Platform and its Content, except where ownership belongs to another rights holder.

This includes, without limitation:

• audio recordings;
• stories;
• scripts;
• literary adaptations;
• characters;
• narration;
• performances;
• music;
• sound design;
• artwork;
• logos;
• trademarks;
• software;
• user interfaces;
• graphics;
• databases;
• metadata; and
• other proprietary materials.

Nothing in these Terms transfers ownership of Audiolly Content to you.

Audiolly may publish original Content created or commissioned specifically for Audiolly.

Where rights are legally owned by RED EMBER MEDIA HOUSE PRIVATE LIMITED or its licensors, such Content remains protected intellectual property.

Users may not reproduce, distribute, commercially exploit, adapt, translate, modify, publicly perform, publish, sell or otherwise exploit such Content without prior written permission from the applicable rights holder.

Subject to these Terms, Audiolly grants you a limited, personal, non-exclusive, non-transferable and revocable licence to access and listen to Content made available to you through the Platform.

This licence is for personal and non-commercial entertainment use only.

You do not acquire ownership of any Content by listening to, downloading, purchasing or accessing it.

Unless expressly authorised in writing, you must not:

• copy or reproduce Audiolly Content;
• record or capture streams;
• redistribute episodes;
• upload Audiolly Content to another platform;
• sell or commercially exploit Content;
• publicly broadcast Content;
• create unauthorised adaptations;
• translate or reproduce scripts;
• extract audio files;
• remove copyright notices;
• circumvent technical protection measures;
• scrape the Platform or Content;
• use automated systems to collect Content;
• create datasets from Audiolly Content;
• use Audiolly Content to train, fine-tune or develop AI/ML models;
• clone or imitate voices from Audiolly Content;
• create synthetic voice replicas of performers without permission; or
• assist another person in doing any of the above.

Unless expressly authorised by Audiolly in writing, users may not use Audiolly Content, recordings, scripts, metadata, voices or other Platform materials for:

• artificial intelligence training;
• machine-learning datasets;
• voice cloning;
• speech synthesis;
• generative AI systems;
• automated transcription databases for commercial use;
• scraping;
• crawling;
• indexing beyond ordinary search-engine indexing;
• dataset creation; or
• development of competing products or services.

This restriction does not prevent ordinary personal use of Audiolly's features that are expressly designed to use AI.

Audiolly may offer monthly, quarterly, annual or other subscription plans.

The applicable price, duration, benefits and conditions will be displayed before purchase.

Subscriptions may provide access to specified Premium Content or features during the applicable subscription period.

Audiolly may change subscription offerings from time to time.

Where a Subscription is offered on an auto-renewal basis, it may automatically renew at the end of the applicable subscription period.

By activating such a Subscription, you authorise the applicable payment method or payment mandate to be charged for the renewal.

You may cancel auto-renewal before the next renewal date through the applicable Audiolly, app-store, payment-provider or banking mechanism.

Cancellation normally prevents future renewal but does not automatically refund an already-paid subscription period.

Audiolly may offer free trials, introductory pricing, coupons, promotional subscriptions, referral benefits or other offers.

Each promotion may have additional eligibility conditions.

Unless otherwise stated, a free trial that converts into a paid subscription may automatically renew at the applicable regular price.

Audiolly may limit, modify, suspend or withdraw promotional offers where permitted by law.

Audiolly may introduce Coins, Credits or similar virtual units.

Coins/Credits:

• are virtual units for use within Audiolly;
• have no independent monetary value;
• are not legal tender;
• cannot normally be exchanged for cash;
• cannot be transferred or sold;
• cannot be used outside Audiolly; and
• do not represent ownership of Audiolly or its assets.

Coins may be purchased, earned or awarded through authorised Audiolly mechanisms.

Coins may be offered through different packages and pricing structures.

Audiolly may modify the price, quantity, availability or promotional value of Coin packages.

Coins may be used only for eligible Content or features identified by Audiolly.

Unless otherwise expressly stated, purchases of Coins are final and non-refundable except where required by law or expressly permitted under Audiolly's Payment Policy.

Audiolly may revoke Coins obtained through fraud, abuse, technical manipulation or violation of these Terms.

Payments may be processed through authorised third-party payment providers, app stores or other payment services.

Available payment methods may include:

• UPI;
• credit cards;
• debit cards;
• net banking;
• wallets;
• app-store billing; and
• other supported methods.

You authorise the applicable payment provider to process the transaction you initiate.

Payment transactions may be subject to the terms and policies of the relevant payment provider.

Payments for digital Content and services are generally final once the Content or service has been made available.

However, Audiolly may provide refunds where:

• a duplicate charge occurred;
• payment was deducted but the purchased service was not delivered;
• an erroneous charge occurred;
• an unauthorised transaction is established;
• a technical failure attributable to Audiolly prevented delivery; or
• a refund is required by applicable law.

The detailed rules governing payments, subscriptions, Coins and refunds are set out in the Audiolly Payment, Subscription, Coins & Refund Policy, which forms part of these Terms.

Where Audiolly permits downloads, downloaded Content is provided only for authorised offline listening within the Audiolly application.

Downloaded Content does not become your property.

You may not:

• extract downloaded files;
• transfer them to another device or platform;
• distribute them;
• modify them;
• commercially exploit them; or
• bypass technical restrictions.

Audiolly may impose download limits, expiry periods or device restrictions.

Audiolly may display advertisements, brand integrations, sponsored programmes or other commercial content.

Sponsored Content may be identified as such where required by applicable law.

Audiolly does not necessarily endorse products, services or claims made by third-party advertisers.

Third-party transactions are between you and the relevant third party unless otherwise stated.

Audiolly may allow users to submit reviews, comments, feedback, ratings, messages, artwork or other materials (“User Content”).

You retain ownership of your User Content, subject to the rights granted below.

By submitting User Content, you grant Audiolly a worldwide, non-exclusive, royalty-free licence to host, store, reproduce, display, communicate and use that User Content as reasonably necessary to operate, promote and improve Audiolly.

You represent that you have the necessary rights to submit the User Content.

You must not submit Content that:

• infringes copyright or other rights;
• is unlawful;
• is defamatory;
• is abusive or threatening;
• contains malicious software;
• impersonates another person;
• contains unauthorised personal information; or
• violates applicable law.

Audiolly may remove User Content that violates these Terms or applicable law.

Audiolly respects intellectual-property rights.

If you believe that Content available through Audiolly infringes your copyright or other intellectual-property rights, you may submit a complaint through the official Audiolly copyright/contact channel.

A complaint should include sufficient information to identify:

• the protected work;
• the allegedly infringing Content;
• your rights in the work;
• the location of the allegedly infringing material; and
• your contact details.

Audiolly may investigate legitimate complaints and take appropriate action, including removal or restriction of access where appropriate.

Audiolly may integrate or link to third-party services, including:

• payment providers;
• app stores;
• analytics services;
• advertising services;
• authentication providers;
• social platforms;
• cloud services; and
• other technology providers.

Your use of such services may be governed by their own terms and privacy policies.

Audiolly is not responsible for the independent policies or practices of third-party services, except as required by law.

Your use of Audiolly is also governed by the Audiolly Privacy Policy.

The Privacy Policy explains how Audiolly collects, uses, stores and protects personal information.

By using Audiolly, you acknowledge that your information may be processed in accordance with that Privacy Policy and applicable law.

Audiolly takes reasonable measures to protect its Platform and users.

However, no internet-based service can guarantee absolute security or uninterrupted availability.

You must not attempt to:

• bypass security systems;
• gain unauthorised access;
• interfere with Platform infrastructure;
• introduce malware;
• conduct denial-of-service attacks;
• reverse engineer security systems; or
• exploit vulnerabilities without authorisation.

Responsible security vulnerabilities should be reported through Audiolly's official support/security channel.

You must not use Audiolly to:

• 1. violate any law;
• 2. infringe intellectual-property rights;
• 3. harass or threaten others;
• 4. distribute malware;
• 5. conduct fraud;
• 6. manipulate payments;
• 7. abuse promotional offers;
• 8. create fraudulent accounts;
• 9. scrape or harvest data;
• 10. circumvent access controls;
• 11. interfere with Platform operations;
• 12. impersonate Audiolly or another person;
• 13. reverse engineer the Platform except where legally permitted;
• 14. resell Audiolly access without authorisation;
• 15. create competing datasets from Audiolly Content; or
• 16. engage in any activity that may damage Audiolly, its creators or other users.

Audiolly aims to provide reliable service but does not guarantee that the Platform will always be:

• available;
• uninterrupted;
• error-free;
• compatible with every device;
• free from technical defects; or
• available in every geographic location.

Audiolly may temporarily suspend services for maintenance, security, upgrades, technical issues or other operational reasons.

Audiolly may release updates, patches, improvements or new versions of its application.

You may be required to install updates to continue using certain features.

Audiolly may discontinue support for older versions of the application or operating systems where reasonably necessary.

Audiolly may suspend or terminate your access where:

• you violate these Terms;
• you engage in fraud or abuse;
• you misuse Coins or payment systems;
• you infringe intellectual-property rights;
• your conduct creates legal or security risks;
• required by law; or
• reasonably necessary to protect Audiolly, its users or its rights.

Where appropriate, Audiolly may provide notice before termination.

Termination may result in loss of access to Content, Coins, Credits or other benefits, subject to applicable law and any refund rights.

Upon termination:

• your right to use Audiolly may immediately cease;
• access to Premium Content may end;
• unused promotional benefits may be forfeited;
• Coins/Credits may be revoked where permitted under these Terms; and
• provisions intended to survive termination will continue to apply.

Termination does not affect rights or obligations that accrued before termination.

To the maximum extent permitted by applicable law, Audiolly provides the Platform and its Content on an “as available” and “as is” basis.

Audiolly does not guarantee that:

• every Content item will meet your expectations;
• recommendations will always be accurate;
• the Platform will be uninterrupted;
• all Content will remain available;
• all devices will be compatible; or
• technical defects will always be immediately corrected.

Nothing in these Terms excludes any consumer right or legal protection that cannot lawfully be excluded.

To the maximum extent permitted by applicable law, Audiolly and RED EMBER MEDIA HOUSE PRIVATE LIMITED will not be liable for indirect, incidental, special, consequential or punitive damages arising from your use of the Platform.

This may include loss of data, business opportunity, goodwill or anticipated benefits.

Nothing in these Terms limits liability that cannot legally be limited or excluded under applicable law, including liability arising from fraud, wilful misconduct or other circumstances where limitation is prohibited.

To the extent permitted by law, you agree to indemnify and hold harmless RED EMBER MEDIA HOUSE PRIVATE LIMITED, Audiolly, its affiliates, officers, employees, contractors and licensors from claims, losses, liabilities, damages and expenses arising from:

• your violation of these Terms;
• unlawful use of Audiolly;
• infringement of third-party rights;
• User Content submitted by you;
• fraudulent activity; or
• misuse of the Platform.

Audiolly may update these Terms from time to time.

Updated Terms will be published through the Platform with a revised “Last Updated” date.

Where required by law, Audiolly may provide additional notice of material changes.

Your continued use of Audiolly after the updated Terms become effective constitutes acceptance of the revised Terms to the extent permitted by applicable law.

These Terms shall be governed by the laws of India.

Any dispute arising from or relating to Audiolly shall be dealt with in accordance with the dispute-resolution mechanism and jurisdiction provisions specified by Audiolly, subject to applicable law.

Final jurisdiction/arbitration wording should be inserted after legal review.

Audiolly is committed to providing a mechanism for users to raise complaints and concerns.

Users may contact Audiolly through the official support/grievance channel provided on the Platform.

For matters relating to privacy, content, payments, copyright or other concerns, the complaint should contain sufficient information to enable Audiolly to investigate the matter.

Audiolly may establish and publish the name and contact details of its designated Grievance Officer where required under applicable law.

Audiolly will not be responsible for delay or failure caused by events beyond its reasonable control, including:

• natural disasters;
• war;
• terrorism;
• government restrictions;
• internet or telecommunications failures;
• power outages;
• cyber incidents;
• payment-network failures;
• app-store restrictions; or
• other circumstances beyond reasonable control.

If any provision of these Terms is found to be invalid or unenforceable, that provision shall be limited or removed only to the extent necessary, and the remaining provisions shall continue in effect.

Failure by Audiolly to enforce any provision of these Terms does not constitute a waiver of its right to enforce that provision later.

These Terms, together with the Audiolly Privacy Policy, Payment Policy and other policies expressly incorporated by reference, constitute the agreement between you and Audiolly concerning your use of the Platform.

RED EMBER MEDIA HOUSE PRIVATE LIMITED

Platform: Audiolly Website: audiolly.com Email: contact@audiolly.com

Registered Office: C/o Nayan Kumar Goswami, 208, Ward No. 9, Sivasagar, Assam, India – 785640

For customer support, payment issues, copyright complaints and grievances, please use the official contact channels provided through the Audiolly application or website.