Terms of Use

Effective October 18, 2026

These terms cover your use of the Aerial Radio app for iPhone and CarPlay, made by Benjineering Labs LLC ("we", "us"). By using Aerial Radio you agree to them. Aerial Radio was called Emberwave until October 2026. Apple's Standard Licensed Application End User License Agreement also applies; where the two differ, these terms add to it.

What Aerial Radio is

Aerial Radio is a radio for Apple Music. You describe what you want to hear, and the app uses AI (models from OpenAI and Anthropic) to choose songs from Apple Music and adjusts to how you listen. Song choices are generated automatically, so they won't always be what you expect, and descriptions the app shows about songs or photos may be imperfect.

Apple Music

Playing music requires your own Apple Music subscription, which is separate from Aerial Radio and governed by Apple's terms. Aerial Radio doesn't sell or provide access to Apple Music, and the music itself is streamed by Apple. Apple Music is a trademark of Apple Inc.; Aerial Radio isn't made or endorsed by Apple.

Subscriptions

• The free plan includes 2 hours of radio a month and up to 4 stations or playlists. After the 2 hours, stations play from your library until the next calendar month. The 4 stations or playlists are for as long as you use Aerial Radio: making a station or a playlist, and More like this or Regenerate on a playlist, each counts as one, and deleting one doesn't give it back. Listening to playlists you've made is free. You can subscribe to Unlimited AI picks for more of both.
• Unlimited AI picks is an auto-renewing subscription that pays for the AI behind your stations and playlists. Prices and periods are shown in the app before you subscribe.
• Payment is charged to your Apple Account when you confirm the purchase. A free trial, if offered, converts to a paid subscription when it ends unless you cancel at least 24 hours before.
• Subscriptions renew automatically unless canceled at least 24 hours before the end of the current period. You can manage or cancel them in your iPhone's Settings > your name > Subscriptions.
• Refunds are handled by Apple under its policies.

Fair use

Please use Aerial Radio for your own listening. Don't try to get around its limits, reverse engineer or overload its server, use it to build a competing service, or use it in a way that breaks the law or Apple's terms. We may limit or suspend access that harms the service or other listeners.

Your content

Prompts, station names and photos you add are yours. You give us permission to process them only to run the app for you, as described in our Privacy Policy. Only add photos you have the right to use.

Changes and availability

We're always improving Aerial Radio and may add, change or remove features. We'll try to keep it running smoothly, but it's provided "as is" and may sometimes be unavailable. When the server can't be reached, the app plays from songs you already know.

Limitation of liability

To the extent the law allows, Benjineering Labs LLC isn't liable for indirect or consequential damages arising from your use of Aerial Radio, and our total liability is limited to what you paid for Aerial Radio in the 12 months before the claim. Nothing here limits rights you have under consumer law that can't be waived.

Changes to these terms

If we change these terms, we'll update this page and the date at the top. If a change is significant, we'll let you know in the app.

Contact

contact@benjineeringlabs.com
Benjineering Labs LLC