Terms of Use

Section 01Acceptance of these Terms

These Terms of Use (the "Terms") form a binding legal agreement between you ("you", "the user") and Andrea Piani together with developer Andrea Piani (collectively "we", "us", "Talky"). They govern both the Talky mobile and desktop application ("the App") distributed through Apple's App Store and the marketing website hosted at walkie-talky.vercel.app ("the Website").

By downloading, installing, launching, registering for, accessing or otherwise using the App or the Website you confirm that you have read, understood and accepted these Terms in full. If you do not agree, you must not use the App or the Website, and you should delete the App from your devices.

If you are using the App on behalf of an organisation, school or family group, you represent that you have the authority to bind that entity to these Terms.

Section 02Who we are

The App and the Website are owned and operated by Andrea Piani, a private company organised under the laws of the Italian Republic, with developer and primary point of contact Andrea Piani. Talky is designed, developed and maintained in Italy.

You can reach the team for any question relating to these Terms, billing, licensing or general support at:

• Email: andreapiani.dev@gmail.com
• Developer page: www.andreapiani.com
• Source repository: github.com/andreapianidev/WalkieTalkie

For Apple-specific issues (refunds, billing, subscription management, App Store rating restrictions), Apple Inc. is your counter-party, not us, and Apple's terms apply.

Section 03The service

Talky is a communication and entertainment application for iPhone, iPad and Apple Silicon Mac that combines two main features:

• Peer-to-peer walkie-talkie over Apple's Multipeer Connectivity framework. Up to eight nearby devices on the same channel can transmit half-duplex voice over local Wi-Fi or Bluetooth, with no SIM, no router and no Talky server in between.
• Internet radio streaming of approximately 210 public live stations from over seventy countries, with metadata, sleep timer, equalizer, recording (Pro) and Live Activities on the iPhone Lock Screen and Dynamic Island.
• Visual customisation (16 themes), localisation in five languages and free background playback.

Section 04Eligibility

You must be at least thirteen (13) years old to use the App, or sixteen (16) years old if you reside in the European Union or in any other jurisdiction whose data-protection law sets sixteen as the age of digital consent. Children under the minimum age may use Talky only with verifiable consent and supervision from a parent or legal guardian who accepts these Terms on their behalf.

You must also have the legal capacity to enter into a binding contract in your jurisdiction and must not be a person barred from receiving the App under the laws of Italy, the European Union, the United States (including OFAC sanctions lists) or any other applicable authority.

Section 05License to the App

Subject to your continued compliance with these Terms, we grant you a limited, personal, revocable, non-exclusive, non-transferable and non-sublicensable license to download, install and run the App on Apple-branded devices that you own or control, for your own personal and non-commercial use, in accordance with the App Store's Usage Rules.

This license is granted by Apple to you on our behalf for use on iPhone, iPad and Apple Silicon Mac, and is governed by the standard Apple Licensed Application End User License Agreement available at https://www.apple.com/legal/internet-services/itunes/dev/stdeula/. To the extent there is any conflict between these Terms and Apple's standard EULA, these Terms control as between you and Andrea Piani, while Apple's EULA controls as between you and Apple.

The license terminates automatically and without notice if you breach these Terms, attempt to disable or circumvent any technical protection, or use the App in a way not authorised here. Upon termination you must stop using the App and remove it from your devices.

Section 06License to the source code

The license you receive when you download the App from the App Store is completely separate from the license that governs the underlying source code. The source code of Talky published at github.com/andreapianidev/WalkieTalkie is made available under the PolyForm Noncommercial License 1.0.0, the full text of which is available at polyformproject.org/licenses/noncommercial/1.0.0/.

In summary, and without prejudice to the controlling licence text:

• Permitted: personal use, study, research, teaching, contributions back to the repository, use by individuals or organisations strictly for non-commercial purposes (including bona-fide charitable non-profits).
• Prohibited without a separate commercial licence: any use whose primary purpose is, or is directed toward, commercial advantage or monetary compensation; selling the software or services that incorporate substantially the same software; publishing forks or derivative works on the Apple App Store, Google Play, or any other paid or ad-supported distribution channel; relicensing under any other terms; removing or altering attribution and licence notices.
• No relicensing: PolyForm Noncommercial is not OSI-approved and you may not redistribute the code under MIT, Apache, GPL or any other licence.

If you would like to use the source code or any substantial portion of it for a commercial product, please contact us at andreapiani.dev@gmail.com to negotiate a separate commercial licence.

Section 07In-App Purchases & Talky Pro

Talky is free to download and includes optional in-app purchases for additional features:

• Talky Pro auto-renewing subscriptions, currently offered on a weekly and yearly cadence, which unlock extra themes, the five-band equalizer, recording features and remove ads.
• One-time theme purchases for individual visual themes outside the subscription bundle.

All payments are processed by Apple through StoreKit on the App Store account associated with your Apple ID. We never see, store or process your payment card details.

Renewal & cancellation

Auto-renewing subscriptions renew automatically at the end of each billing period at the then-current price unless cancelled at least 24 hours before the renewal date, in accordance with Apple's standard rules. You can manage or cancel your subscription at any time from Settings → your Apple ID → Subscriptions on any Apple device. Cancelling stops future renewals but does not refund the current period.

Refunds

Refunds for App Store purchases are handled exclusively by Apple. You can request a refund using Apple's standard form at support.apple.com/HT204084. Apple's decision is final from a billing perspective; we cannot override it. EU consumers retain their statutory rights under Italian and EU consumer-protection law where applicable to digital content delivered in this manner.

Trials & promotional offers

Currently no free trial and no introductory offer is active for Talky Pro. If we add a free trial in the future, the trial duration and post-trial price will be disclosed inside the App before purchase, in line with App Store guidelines. We reserve the right to change prices at any time; price changes do not apply retroactively to subscriptions that have already renewed.

Section 08User-generated content

Voice transmissions you send using the walkie-talkie feature travel directly between Apple devices over Multipeer Connectivity. Talky operates no backend server, no relay, no cloud and no audio-processing infrastructure of any kind. Your voice does not pass through our systems and is not stored on any system controlled by us.

Session recordings produced by the Pro recording feature are written locally to the device's sandboxed storage. They are not uploaded, synchronised or shared automatically. You decide if and how to export them.

You retain all ownership rights in the voice content you transmit. You are solely responsible for what you say, for ensuring that recording or transmitting is lawful in your jurisdiction, and for obtaining the consent of any other person you record where the law requires it. You grant the recipients of your transmissions an implicit licence to receive and play back the audio on their devices for the limited purpose of using the App.

Section 09Prohibited uses

When using the App or the Website you agree not to:

• Use the walkie-talkie feature to transmit any content that is illegal in your jurisdiction, including threats, harassment, hate speech, incitement to violence, sexual content involving minors, or any communication intended to defraud or deceive;
• Use the App to impersonate another person, organisation, public officer or emergency-services operator;
• Stream, share or rebroadcast through the App's radio component any audio stream that is not authorised for public live streaming, or that infringes copyright, neighbouring rights or broadcast rights of any third party;
• Reverse-engineer, decompile, disassemble, tamper with, modify, port or attempt to derive the source code from the compiled binary, except to the extent expressly permitted by Italian and EU mandatory law (e.g. Article 64-quater of the Italian Copyright Act) and only after first requesting the relevant information from us;
• Remove, alter, obscure or circumvent any proprietary notice, watermark, copy-protection mechanism or licence metadata embedded in the App, Website or repository;
• Use the App or its peer-to-peer communications layer to evade lawful interception, lawful retention or lawful disclosure requirements applicable to you in your jurisdiction;
• Scrape, crawl, mass-download, mirror or otherwise systematically access the Website or its assets except for legitimate search-engine indexing in line with our robots.txt;
• Send automated traffic against the public Apple App Store endpoints, RSS feeds, or other third-party endpoints that the App or Website references on your behalf, in a way that would constitute abuse of those services;
• Frame, mirror, mask or otherwise present the Website, its trademarks or its content in a context that is misleading, derogatory or that implies endorsement by us;
• Use the App or the Website in a manner that would cause us to breach Apple's Developer Program Licence Agreement, App Review Guidelines or the laws of any country where the App is distributed.

Section 10Radio stations disclaimer

The radio component of Talky aggregates publicly accessible live streaming URLs of independent broadcasters from over seventy countries. These streams are owned, operated and controlled exclusively by their respective third-party broadcasters and content providers. We do not host, transcode, re-encode, mirror or otherwise store any radio audio.

Because these are live third-party streams, they may go offline, change URL, change format, become geo-restricted or be discontinued at any time without notice. Stream metadata (titles, artists, artwork) is supplied by the broadcasters or by their stream providers and may be inaccurate, delayed or missing. We make no warranty as to availability, quality or accuracy.

Inclusion of a station in the Talky directory does not imply endorsement of, affiliation with or sponsorship by that broadcaster, nor any endorsement by the broadcaster of Talky. Trademarks, logos and station identifiers belong to their respective owners.

If you are a broadcaster or rights-holder and you wish your stream to be removed from Talky's directory, please email andreapiani.dev@gmail.com with proof of authority and the stream URL. We will action verified takedown requests promptly, typically within seven business days.

Section 11Intellectual property

Other than the source code licensed under PolyForm Noncommercial 1.0.0, all rights in and to the App and the Website are owned by, and reserved to, Andrea Piani and Andrea Piani. This includes without limitation:

• The "Talky" name and word mark, the "CH-7" channel-7 branding, the radio-tower logo, the App Store screenshots, the marketing copy and visual layout of the Website, the in-app illustrations and theme palettes;
• The compiled binary, the assets it bundles, the audio assets radio2.mp3, radio3.mp3, radio4.mp3, f1.mp3 through f24.mp3 and any sound design original to Talky.

The Download on the App Store badge and the App Store name are trademarks of Apple Inc. used here under Apple's marketing guidelines. iPhone, iPad, Mac, Apple Silicon, Multipeer Connectivity, Dynamic Island and Live Activities are trademarks of Apple Inc.

The typefaces used in the App and on the Website are open-source licensed: Bricolage Grotesque (SIL Open Font License), IBM Plex Mono (SIL OFL), VT323 (SIL OFL) and Fraunces (SIL OFL). All other third-party trademarks, station names and brand assets remain the property of their respective owners.

Nothing in these Terms transfers to you any ownership, title or intellectual-property interest beyond the limited licences expressly granted above. All rights not expressly granted are reserved.

Section 12Open-source / source-available disclaimer

Talky is source-available, not "open source" in the sense defined by the Open Source Initiative. The PolyForm Noncommercial 1.0.0 licence allows broad personal, educational and non-profit use of the source code, but restricts commercial use, and is therefore not an OSI-approved open-source licence. Please do not describe Talky as "open source" without that qualifier, and please do not assume that compatibility with GPL, MIT, Apache, BSD or any other open-source licence exists.

For the avoidance of doubt: contributing pull requests to the public repository implies that you license your contribution under the same PolyForm Noncommercial 1.0.0 terms, unless explicitly agreed otherwise in writing with us.

Section 13Disclaimers

To the maximum extent permitted by applicable law, the App, the Website and all related services are provided "AS IS" and "AS AVAILABLE", with all faults and without warranty of any kind, whether express, implied, statutory or otherwise. We expressly disclaim all warranties including, without limitation, implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, completeness, uninterrupted operation, error-free operation and any warranty arising from course of dealing or usage of trade.

Without limiting the above:

• We do not warrant that the App will be compatible with every Apple device, every iOS/iPadOS/macOS version, every accessory or every network environment;
• We do not warrant any particular range, signal quality, latency, audio fidelity or reliability for Multipeer Connectivity transmissions, as these depend entirely on Apple's framework, your hardware, ambient interference and battery state;
• We do not warrant the availability, accuracy, currency or legality of the third-party radio streams or their metadata;
• We do not warrant that the App is free from bugs, that defects will be corrected, or that the Website is free of viruses or harmful components — though we work hard to keep both clean.

Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you. Where mandatory consumer-protection law applies, the warranties it grants you are unaffected by this section.

Section 14Limitation of liability

To the maximum extent permitted by applicable law, in no event shall Andrea Piani, our directors, employees, contractors, contributors or licensors be liable to you for any:

• Indirect, incidental, special, consequential, exemplary or punitive damages;
• Loss of profits, loss of revenue, loss of business, loss of goodwill, loss of anticipated savings;
• Loss, corruption or unavailability of data, recordings or transmissions;
• Cost of substitute products or services;

arising out of or in connection with the App, the Website, these Terms or your use thereof, even if we have been advised of the possibility of such damages and regardless of the theory of liability (contract, tort including negligence, strict liability, statute or otherwise).

In any event, our total aggregate liability to you for all claims arising out of or relating to these Terms, the App or the Website is capped at the greater of (a) fifty euros (€50.00) or (b) the total amount you actually paid us through Apple's in-app purchase system in the twelve (12) months immediately preceding the event giving rise to the claim.

Nothing in these Terms excludes or limits our liability for fraud, fraudulent misrepresentation, death or personal injury caused by our negligence, or any liability that cannot be excluded or limited under applicable mandatory law (including, where you act as a consumer, the Italian Consumer Code D. Lgs. 206/2005 and the EU Consumer Rights Directive).

Section 15Indemnification

To the extent permitted by law, you agree to defend, indemnify and hold harmless Andrea Piani and their respective officers, employees, contractors and licensors from and against any claim, demand, action, loss, liability, damage, fine, cost or expense (including reasonable legal fees) arising out of or related to: (i) your breach of these Terms; (ii) your misuse of the App or the Website; (iii) any content you transmit or record using the App; (iv) your violation of any law or third-party right, including any intellectual-property, privacy or publicity right.

We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which case you will cooperate with us in asserting any available defences.

Section 16Termination

We may suspend or terminate your right to use the App and/or the Website at any time, with or without notice, if we reasonably believe you have breached these Terms, if continued provision would expose us to legal risk, or if we discontinue the product.

You may stop using the App at any time by deleting it from your devices. Deleting the App does not automatically cancel an active App Store subscription — you must cancel through Settings → your Apple ID → Subscriptions as described in section 7.

Upon termination, sections 6 (source-code licence), 8 (your content), 11 (IP), 13 (disclaimers), 14 (liability), 15 (indemnification), 19 (governing law), 20 (severability) and 21 (contact) will survive.

Section 17Privacy

Our handling of personal data is described in detail in our Privacy Policy and Cookie Policy, both of which are incorporated into these Terms by reference. In short: the App stores preferences locally on your device, the walkie-talkie feature uses no servers, the Website sets no third-party tracking cookies, and the optional Firebase Analytics integration is disabled by default and only activated with your explicit opt-in consent.

Section 18Changes to these Terms

We may revise these Terms from time to time to reflect changes in the App, in our business or in the law. The current version is always identified by the "Last updated" date at the top of this page. Material changes — for example changes to the licence model, to the limitation of liability or to the dispute-resolution clause — will be communicated to you through an in-app banner, a release-note prompt on the App's first launch after update, or a visible banner on the Website, at least 14 days before they take effect, where feasible.

Your continued use of the App or the Website after the effective date of revised Terms constitutes acceptance of the revised Terms. If you do not agree, you must stop using the App and the Website and may cancel any active subscription through Apple.

Section 19Governing law & dispute resolution

These Terms, and any dispute or claim arising out of or in connection with them (including non-contractual disputes), are governed by the laws of the Italian Republic, excluding its conflict-of-laws rules and excluding the United Nations Convention on Contracts for the International Sale of Goods.

Subject to your mandatory consumer rights, the courts of Milan, Italy shall have exclusive jurisdiction over any dispute arising out of or in connection with these Terms. If you act as a consumer and reside in the European Union, you may also bring proceedings before, or be sued in, the courts of your country of habitual residence, in accordance with Regulation (EU) No 1215/2012 and Italian consumer law.

Online Dispute Resolution. EU consumers can submit complaints through the European Commission's ODR platform available at ec.europa.eu/consumers/odr. We are not currently bound by any specific alternative-dispute-resolution body, but we will engage in good faith with any duly accredited ADR procedure properly initiated against us.

Nothing in this section limits your right, as a consumer, to rely on mandatory provisions of the law of the EU Member State in which you reside.

Section 20Severability, entire agreement, assignment

Severability. If any provision of these Terms is held by a court of competent jurisdiction to be invalid, illegal or unenforceable, that provision shall be modified to the minimum extent necessary to make it enforceable and the remaining provisions shall continue in full force.

Entire agreement. Together with our Privacy Policy, Cookie Policy and any product-specific notice surfaced inside the App, these Terms constitute the entire agreement between you and us with respect to the App and the Website, and supersede all prior or contemporaneous understandings.

Assignment. You may not assign, sublicense or otherwise transfer any of your rights or obligations under these Terms without our prior written consent. We may freely assign these Terms, in whole or in part, to any successor in interest in connection with a merger, acquisition, reorganisation or sale of substantially all of our assets, provided that the assignee accepts these Terms and your rights are not materially diminished.

No waiver. Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision. Headings are for convenience only and have no legal effect.

Force majeure. Neither party will be liable for any delay or failure to perform caused by events beyond its reasonable control, including acts of God, natural disasters, terrorism, war, civil unrest, government action, labour disputes, internet or telecommunications outages, App Store outages or Apple-side framework regressions.

Third-party beneficiaries. You acknowledge that Apple Inc. and its subsidiaries are third-party beneficiaries of these Terms in respect of the licence to use the App on Apple devices, and that Apple has the right (and is deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof, in accordance with Apple's standard EULA.

Section 21Contact

Questions, takedown requests, commercial-licence enquiries, press contacts and anything else relating to these Terms should be sent to:

• Email: andreapiani.dev@gmail.com
• Operator: Andrea Piani, Italy
• Developer: Andrea Piani — www.andreapiani.com
• Source repository: github.com/andreapianidev/WalkieTalkie
• App Store: apps.apple.com/app/id6748584483

Thank you for reading to the end. Now go push a button and say "CH-7, do you copy?"