Welcome to Binaura! By accessing or using our mobile application (the “App”), you agree to be bound by these Terms of Use ("Terms"), as well as our Privacy Policy. If you do not agree to these Terms, please do not use the App.
These Terms apply to all users of the App, including users who may contribute content, information, or other materials to the App. If you have any questions about these Terms, please contact us at [email protected].
1. Use of the App Binaura is a mobile application that provides scientifically-backed music and soundtracks designed to enhance brain function, improve focus, manage ADHD, support meditation, relaxation, and sleep. Our soundtracks are created using advanced artificial intelligence and based on unique research aimed at improving cognitive performance.
You may use the App for personal, non-commercial purposes only. You agree not to use the App in any way that is illegal or unauthorized, or that could damage, disable, overburden, or impair the App or interfere with any other party's use and enjoyment of the App.
2. Account and Subscription To use certain features of the App, you may be required to create an account and subscribe to a paid service. You agree to provide accurate and complete information when creating an account and to keep that information updated.
The App offers a trial period for new users. After the trial, you may choose to subscribe through In-App Purchases on the App Store or Google Play. Subscription fees and billing will be handled according to the terms of these platforms, including auto-renewal and cancellation policies. By subscribing, you agree to the terms of service of the App Store or Google Play.
Auto-Renewal: Your subscription will automatically renew unless you cancel it at least 24 hours before the end of the current period. Your account will be charged for the renewal within 24 hours prior to the end of the current subscription period.
Cancellation: You can cancel your subscription at any time through your account settings in the App Store or Google Play. Cancellation will take effect at the end of the current billing period.
3. Intellectual Property All content available through the App, including but not limited to music, audio programs, designs, text, graphics, images, and software (the "Content"), is the property of Binaura or its licensors and is protected by copyright, trademark, and other intellectual property laws.
The music and soundtracks we provide are developed using artificial intelligence, grounded in scientific research, and designed to improve brain activity and cognitive function. You may not use, copy, modify, distribute, or create derivative works of any Content without the express written permission of Binaura or the relevant copyright holder, except as expressly permitted by these Terms or by applicable law.
4. User Conduct You agree not to engage in any of the following prohibited activities:
Using the App for any illegal or unauthorized purpose.
Posting, uploading, or distributing any content that is unlawful, defamatory, infringing, or otherwise objectionable.
Attempting to interfere with the App’s security or functionality.
Accessing or attempting to access another user's account without permission.
Misusing the subscription system, including fraudulent purchases or misuse of trial periods.
5. Medical Disclaimer Binaura is not a medical device and does not provide medical advice. Consult your healthcare provider for medical concerns. The app provides information to support, not replace, professional medical advice.
6. Arbitration and Class Action Waiver All disputes will be resolved through binding arbitration. You waive your right to participate in class actions.
7. Termination Binaura reserves the right to suspend or terminate your access to the App or your account at any time, for any reason, including but not limited to a violation of these Terms. Upon termination, your right to use the App will immediately cease. Any subscriptions or payments already made will not be refunded unless required by law.
8. Governing Law These Terms are governed by and construed in accordance with the laws of the State of California, USA, without regard to its conflict of law principles. Any disputes arising under or in connection with these Terms shall be resolved exclusively by the state or federal courts located in California, and you agree to submit to the jurisdiction of such courts.
9. Disclaimer of Warranties The App and all Content provided through it are made available on an "as-is" and "as-available" basis, without warranties of any kind, either express or implied. Binaura does not warrant that the App will be uninterrupted, secure, or error-free, or that the Content will meet your expectations or requirements.
You use the App at your own risk, and Binaura is not responsible for any damage to your device or loss of data that may result from the use of the App.
10. Limitation of Liability To the fullest extent permitted by law, Binaura and its affiliates will 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, or goodwill, arising out of your use or inability to use the App.
In jurisdictions where the limitation of liability is not permitted, Binaura’s liability will be limited to the maximum extent permitted by law.
11. International Users Binaura is available to users worldwide. If you access the App from outside your country of residence, you are responsible for compliance with local laws. By using the App, you consent to the transfer of your information to the countries where we operate, including countries that may have different data protection laws than your country of residence.
12. Changes to the Terms Binaura reserves the right to modify or update these Terms at any time. We will notify you of any changes by updating the "Effective Date" at the top of these Terms. Your continued use of the App after any changes to the Terms constitutes your acceptance of the new Terms.
13. Contact Information If you have any questions or concerns about these Terms, please contact us at: