These terms will be effective March 15, 2021.

Welcome to inca.fm!

Thanks for using inca.fm products and services ("Service(s)"). The Services are provided by inca.fm through its website located at www.inca.fm(the “Site”) and related services (collectively, such services, including any new features and applications, and the Site, the “Service(s)”), subject to the following Terms of Service (as amended from time to time, the “Terms of Service”).

These Terms of Service (the “Terms”) are a binding contract between you and inca.fm. You must agree to and accept all of the Terms, or you don’t have the right to use the Services. Your using the Services in any way means that you agree to all of these Terms, and these Terms will remain in effect while you use the Services. These Terms include the provisions in this document, as well as those in the Privacy Policy.

We(inca.fm) reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time. If we do this, we will post the changes on this page and will indicate at the bottom of this page the date these terms were last revised. Any such changes will become effective immediately, and your continued use of the Service after the date any such changes become effective constitutes your acceptance of the new Terms of Service.

The inca.fm Service is one of the Listen Notes Products, provided to you by Listen Notes, Inc. These Terms of Use therefore constitute an agreement between you and Listen Notes, Inc.

Please read these terms of service carefully, as they contain an agreement to arbitrate and other important information regarding your legal rights, remedies, and obligations. The agreement to arbitrate requires (with limited exception) that you submit claims you have against us to binding and final arbitration, and further (1) you will only be permitted to pursue claims against inca.fm on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding, (2) you will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis, and (3) you may not be able to have any claims you have against us resolved by a jury or in a court of law.

In addition, when using certain services, you will be subject to any additional terms applicable to such services that may be posted on the Service from time to time, including, without limitation, the Privacy Policy. All such terms are hereby incorporated by reference into these Terms of Service.

Using our Services

Services Description: The Service is designed to allow users to engage in audio-based conversations with friends and other people around the world.

Your Registration Obligations: You may be required to register with inca.fm in order to access and use certain features of the Service. If you choose to register for the Service, you agree to provide and maintain true, accurate, current and complete information about yourself as prompted by the Service’s registration form. Registration data and certain other information about you are governed by our Privacy Policy. You must be at least 18 years old to use the Service.

Member Account, Password and Security: You are responsible for maintaining the confidentiality of your passcode and account, if any, and are fully responsible for any and all activities that occur under your passcode or account. You agree to (a) immediately notify inca.fm of any unauthorized use of your passcode or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing the Service. inca.fm will not be liable for any loss or damage arising from your failure to comply with this Section.

Modifications to Service: inca.fm reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that inca.fm will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

General Practices Regarding Use and Storage: You acknowledge that inca.fm may establish general practices and limits concerning use of the Service, including without limitation the maximum period of time that data or other content will be retained by the Service and the maximum storage space that will be allotted on inca.fm’s servers on your behalf. You agree that inca.fm has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Service. You acknowledge that inca.fm reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that inca.fm reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

Mobile Services: The Service includes certain services that are available via a mobile device, including (i) the ability to upload content to the Service via a mobile device, (ii) the ability to browse the Service and the Site from a mobile device and (iii) the ability to access certain features through an application downloaded and installed on a mobile device (collectively, the “Mobile Services”). To the extent you access the Service through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. By using the Mobile Services, you agree that we may communicate with you regarding inca.fm and other entities by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us. In the event you change or deactivate your mobile telephone number, you agree to promptly update your inca.fm account information to ensure that your messages are not sent to the person that acquires your old number.