Terms of Service

1. Introduction

By using NeuroWaves ("Service"), you agree to these Terms of Service ("Terms") in accordance with Australian Consumer Law (ACL). If you do not agree to these Terms, you may not use the Service. For any questions, please contact us at [email protected].

2. Definitions

• "Service": The auditory content, including binaural beats and related services provided by NeuroWaves.
• "User": Any individual using the Service.

3. Use of Service

Eligibility

The Service is intended for use by individuals who are at least 18 years old. By using the Service, you confirm that you meet this requirement and are legally capable of entering into a binding agreement.

Account Registration

Users must create an account to use the Service. You agree to provide accurate and complete information during registration and to keep your account information up-to-date. You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account.

Subscription Plans

We offer various subscription plans. Details of the available plans, billing cycles, and payment terms are provided during the registration process and on our website.

License Grant

We grant you a limited, non-exclusive, non-transferable license to access and use the Service for personal wellness purposes only, subject to these Terms.

4. User Responsibilities

Compliance

You agree to use the Service in compliance with all applicable laws and regulations.

Prohibited Activities

You may not:

• Use the Service for any unlawful purpose.
• Attempt to gain unauthorized access to the Service or its related systems or networks.
• Distribute viruses or any other harmful software.
• Misuse the Service in any way that could impair its functionality.
• Resell, redistribute, or reuse the Service or any content provided by Neurowaves for any commercial purposes without our prior written consent.

Data Security

You are responsible for maintaining the security of your account credentials and for promptly notifying us of any unauthorized use of your account.

5. No Medical Advice

The content provided by NeuroWaves is for informational and wellness purposes only. NeuroWaves is intended to promote relaxation, focus, meditation, and other general wellness benefits. However, individual results may vary, and the effectiveness of the product can depend on various factors, including the user's mindset, environment, and personal circumstances. NeuroWaves does not guarantee specific outcomes. It is not a substitute for professional medical advice, diagnosis, or treatment. You should consult with a healthcare provider before using our Services, particularly if you have a history of medical conditions, including but not limited to epilepsy, mental health disorders, or any condition that could be affected by auditory stimuli.

6. Payment and Billing

Fees

Subscription fees and any additional charges are specified during the registration process and on our website. All fees are non-refundable except as required by law.

Billing Cycle

Your subscription will be billed in advance on a monthly or annual basis, depending on the plan you choose. Payments are due on the first day of each billing cycle.

Refund Policy

Except as required by law, all fees are non-refundable. We do not provide refunds or credits for partial months of service or unused features, except for pro-rata billing that depends on the actual amount of users you add or delete. Refunds will be provided as required by Australian Consumer Law.

7. Intellectual Property

Ownership

All intellectual property rights in the Service, including but not limited to auditory content, software, and designs, are owned by NeuroWaves.

License to Use Content

We grant you a limited, non-exclusive, non-transferable license to access and use the content solely for personal wellness purposes.

Restrictions

You may not copy, modify, distribute, or create derivative works based on the content without our prior written consent.

8. Disclaimers and Limitation of Liability

Disclaimers

The Service is provided "as is" and "as available" without warranties of any kind, either express or implied. We do not warrant that the Service will be uninterrupted or error-free, and we are not responsible for any interruptions or errors.

Limitation of Liability

To the fullest extent permitted by law, NeuroWaves shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses resulting from:

• Your use of or inability to use the Service.
• Any unauthorized access to or use of our servers and/or any personal information stored therein.
• Any interruption or cessation of transmission to or from the Service.
• Any bugs, viruses, trojan horses, or the like that may be transmitted to or through the Service by any third party.

9. Indemnification

User Indemnity

You agree to indemnify and hold harmless NeuroWaves, its affiliates, officers, agents, and employees, from any claims, liabilities, damages, losses, and expenses, including legal fees and costs, arising out of or in any way connected with your access to or use of the Service, your violation of these Terms, or your violation of any rights of another.

10. Termination

Termination by User

You may terminate your subscription at any time by contacting us at [email protected]. Termination will be effective at the end of your current billing cycle.

Termination by NeuroWaves

We may terminate your access to the Service immediately, without prior notice, if you breach these Terms, fail to pay subscription fees, or engage in any conduct that we deem harmful or inappropriate.

Effect of Termination

Upon termination, your right to use the Service will immediately cease. We will delete your data in accordance with our data retention policy. No refunds will be provided for any unused portion of the subscription.

11. Governing Law and Dispute Resolution

Governing Law

These Terms shall be governed by and construed in accordance with the laws of Queensland, without regard to its conflict of law principles.

Dispute Resolution

Any disputes arising out of or relating to these Terms or the Service shall be resolved through binding arbitration in Queensland, except that either party may seek injunctive or other equitable relief in any court of competent jurisdiction to protect its intellectual property rights.

12. Miscellaneous

Entire Agreement

These Terms constitute the entire agreement between you and NeuroWaves regarding the use of the Service and supersede any prior agreements.

Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect.

Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

13. Contact Information

Support

For customer support and inquiries, please contact us at:

• Email: [email protected]