Terms and Conditions

What NeuroBeatX is. NeuroBeatX is a subscription-based wellness and focus music and audio streaming platform. The Service offers curated soundscapes, music, binaural and other audio content, guided sessions, and automated personalization features intended to support relaxation, focus, and general well-being as a form of entertainment and lifestyle enhancement. What NeuroBeatX is not. The Service is a wellness and entertainment product. It is not a medical device, medical service, clinical tool, therapy, or health-treatment service, and it is not intended to diagnose, treat, cure, mitigate, or prevent any disease, disorder, or health condition. Please review Section 4 (Health and Wellness Disclaimer) carefully before using the Service. Availability. The Service is offered worldwide, subject to these Terms and applicable law. Some features, content, prices, or payment methods may not be available in all countries or on all platforms, and we may add, modify, or remove features or content at any time.

You must be at least 18 years old to create an account or use the Service. The Service is not directed to, and is not intended for use by, children or minors under 18, and we do not knowingly collect personal information from anyone under 18. By using the Service, you represent and warrant that you are at least 18 years of age, that you have the legal capacity to enter into these Terms, and that your use of the Service does not violate any law or regulation applicable to you. If you are using the Service on behalf of an organization, you represent that you have authority to bind that organization to these Terms.

Account creation. Certain features require you to register for an account. You agree to provide accurate, current, and complete information and to keep it up to date. Account security. You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account. Notify us promptly at support@neurobeatx.com if you suspect any unauthorized use of your account. We are not liable for any loss arising from unauthorized use of your account that results from your failure to safeguard your credentials. One account per person. Accounts are personal to you. You may not share, sell, transfer, or assign your account or subscription to any other person.

Not medical advice or treatment. NeuroBeatX is a wellness audio platform intended for relaxation, focus, and entertainment. It is not a medical device, medical service, or form of therapy, and nothing in the Service constitutes medical, psychological, or other professional advice. We make no claim, and you should not assume, that the Service can diagnose, treat, cure, mitigate, or prevent any condition, including but not limited to anxiety, depression, ADHD, insomnia, or stress. Any references to concepts such as focus, calm, sleep, or well-being describe intended listening experiences, not clinical outcomes. No substitute for professional care. The Service is not a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of a qualified physician or other licensed health provider with any questions you may have regarding a medical or mental-health condition. Never disregard professional medical advice or delay seeking it because of anything you have experienced on the Service. Not for emergencies. The Service is not designed or intended for use in medical, psychiatric, or other emergencies. If you are experiencing an emergency, are in crisis, or may be a danger to yourself or others, call 911 (in the United States) or your local emergency number immediately, or contact a qualified crisis or emergency service. Assumption of risk. You use the Service voluntarily and at your own risk. Audio content, including binaural beats and similar audio, may not be suitable for everyone and may not produce any particular effect. Individual responses to audio vary, and we do not guarantee any specific result, benefit, or outcome from using the Service. Consult a physician first. Consult a qualified physician before using the Service if you have or may have epilepsy or a seizure disorder, a heart condition, a neurological condition, sensitivity to sound, light, or audio stimulation, or any other condition that could be affected by audio content, or if you are pregnant. Discontinue use and seek medical attention if you experience dizziness, discomfort, headache, nausea, disorientation, or any adverse reaction while using the Service. Do not use the Service while driving, operating machinery, or performing any activity that requires your full attention. Automated recommendations are not advice. Any recommendations, personalization, or automated outputs the Service provides are generated by algorithms for entertainment and wellness-personalization purposes only and do not constitute medical, psychological, or other professional advice. See Section 8.

Grant. Subject to your compliance with these Terms and, where applicable, payment of the relevant fees, we grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable, and revocable license to access and use the Service and to stream its content solely for your own personal, non-commercial use. Reservation of rights. The Service and all content, software, designs, text, graphics, audio, trademarks, logos, and other materials made available through it (collectively, "Our Content") are owned by NeuroBeatx or our licensors and are protected by intellectual property and other laws. Except for the limited license expressly granted above, no right, title, or interest in Our Content is transferred to you. All rights not expressly granted are reserved. Restrictions. You may not, and may not permit others to: copy, reproduce, distribute, publicly perform, publicly display, broadcast, or create derivative works from Our Content except as expressly permitted; sell, rent, lease, sublicense, or otherwise commercialize the Service or Our Content; download, record, capture, or redistribute audio content except as an intended feature of the Service; reverse engineer, decompile, or disassemble any part of the Service except to the extent this restriction is prohibited by applicable law; circumvent, disable, or interfere with any security, digital-rights-management, or access-control feature; or remove or alter any proprietary notices.

You agree not to use the Service to, and not to attempt to or assist others to: • violate any applicable law, regulation, or third-party right, including intellectual property, privacy, or publicity rights; • access or use the Service through unauthorized means, including bots, scrapers, or automated scripts, or create accounts by automated or fraudulent means; • interfere with, disrupt, overload, or impair the Service, our servers, or networks, or attempt to gain unauthorized access to any part of the Service or related systems; • introduce any virus, malware, or other harmful code, or engage in any activity that is fraudulent, deceptive, or abusive; • share, resell, or provide unauthorized access to the Service or your account; or • use the Service in any manner that could damage, disable, overburden, or harm us, other users, or any third party. We may investigate and take appropriate action, including removing content, suspending or terminating accounts, and reporting activity to law enforcement, in response to any actual or suspected violation.

Subscriptions. Certain features of the Service require a paid subscription. Before you complete a purchase, we will clearly and conspicuously disclose the applicable subscription plan, the recurring price, the billing frequency (for example, monthly or annually), and the date on which the first and subsequent charges will occur. By subscribing, you authorize us or our payment processor or the applicable app store to charge the disclosed price to your selected payment method on a recurring basis. Automatic renewal. Your subscription renews automatically at the end of each billing period at the then-current price for that plan, and your payment method will be charged for each renewal, until you cancel. This is a recurring charge that will continue until you cancel it. Free trial. We may offer a free trial, typically a 3-day free trial. A free trial requires you to provide a valid payment method. Unless you cancel before the trial ends, your free trial will automatically convert into a paid subscription at the end of the trial period, and your payment method will be charged the disclosed subscription price at that time and for each renewal thereafter until you cancel. To avoid being charged, you must cancel before the trial period ends. Only one free trial may be available per user; we may limit or withdraw free-trial eligibility. How to cancel. You can cancel your subscription easily and at any time: • For subscriptions purchased on the web, cancel in your account settings on https://www.neurobeatx.com or through the in-app account settings. • For subscriptions purchased through Apple (iOS in-app purchase), manage or cancel through your Apple ID subscription settings in the App Store, in accordance with Apple's terms. • For subscriptions purchased through Google Play (Android in-app purchase), manage or cancel through your subscription settings in the Google Play Store, in accordance with Google's terms. Effect of cancellation. Cancellation takes effect at the end of your current billing period. You will continue to have access to the paid features until the end of the period for which you have already paid, and you will not be charged for the next period. To avoid the next charge, you must cancel before the end of the current billing period or, in the case of a free trial, before the trial ends. Except as required by law or as expressly stated in Section 11 (Refunds), payments already made are non-refundable and we do not provide refunds or credits for partial billing periods.

The Service includes automated and algorithmic features, including personalization and recommendations such as "Vibe Match," that suggest content based on your activity and preferences. These features are automated, are provided for entertainment and wellness-personalization purposes only, and do not constitute medical, psychological, clinical, or other professional advice. Outputs may be imperfect, incomplete, or unsuitable for your particular circumstances, and you are responsible for how you use them. You should not rely on any automated feature as a basis for health, medical, financial, or other important decisions.

Payment processing. How your payment is processed depends on where you purchase: • Web. Purchases made on https://www.neurobeatx.com are processed by our third-party payment processor, Stripe, and are subject to Stripe's terms and privacy policy in addition to these Terms. • iOS (Apple). Purchases made through our iOS app are processed by Apple as in-app purchases. Apple controls billing, and refunds for Apple purchases are governed by Apple's policies. We do not process or control Apple in-app payments or refunds. • Android (Google Play). Purchases made through our Android app are processed by Google as in-app purchases. Google controls billing, and refunds for Google Play purchases are governed by Google's policies. We do not process or control Google in-app payments or refunds. Prices and taxes. Prices are stated at the point of purchase and may vary by platform, country, region, currency, and applicable taxes. You are responsible for any taxes, duties, or similar charges associated with your purchase, except for taxes based on our net income. You represent that any payment information you provide is accurate and that you are authorized to use the payment method.

We may change the prices, fees, or the structure of our subscription plans from time to time. Any price change will apply to future billing periods only. Where required by law, we will provide you advance notice of a price change and, where required, obtain your consent. Your continued use of the Service or allowing your subscription to renew after the effective date of a price change constitutes your acceptance of the new price. If you do not agree to a price change, you may cancel your subscription before it takes effect as described in Section 7.

Web refund window. For subscriptions purchased on the web, you may request a refund within 7 days of the charge by submitting a request through our contact form at https://www.neurobeatx.com/contact. Approved refunds are typically processed within 5 to 10 business days to your original payment method. We may deny a refund request where we reasonably determine there has been abuse, fraud, or misuse of the Service or of our refund policy. Consumers in the EU, EEA, and UK. If you are a consumer resident in the European Union, the European Economic Area, or the United Kingdom, you may have a statutory right to withdraw from a purchase of digital content, normally within 14 days, without giving any reason. However, for digital content and services supplied immediately, you expressly request and consent to us beginning performance and providing you immediate access to the Service before the withdrawal period ends, and you acknowledge that by doing so you lose your statutory right of withdrawal once performance has begun. Beginning to stream or otherwise access the content constitutes the start of performance. Nothing in these Terms limits any non-waivable statutory rights you have as a consumer under the mandatory law of your country of residence. App store purchases. For subscriptions purchased through Apple or Google Play, refunds are handled by the applicable app store and are governed by that store's refund policy. Please submit any refund request for an app store purchase directly to Apple or Google, as applicable.

Your content. The Service may allow you to submit, upload, or share content such as playlists, feedback, ratings, or other materials ("User Content"). You retain ownership of your User Content. By submitting User Content, you grant us a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to host, store, reproduce, adapt, publish, and display that User Content solely as necessary to operate, provide, improve, and promote the Service. You represent and warrant that you own or have the necessary rights to your User Content and that it does not infringe or violate any third-party right or any law. Prohibited content. You agree not to submit User Content that is unlawful, infringing, defamatory, obscene, harassing, hateful, deceptive, or that contains malware or violates the rights of others. Removal. We may, but are not obligated to, review, monitor, remove, or disable access to any User Content at any time, with or without notice, if we reasonably believe it violates these Terms or applicable law or is otherwise objectionable.

The Service may contain links to, or integrations with, third-party websites, applications, content, or services that we do not own or control, including payment processors and app stores. We provide such links and integrations for convenience only, and their inclusion does not imply endorsement. We are not responsible for the availability, accuracy, content, products, or practices of any third party, and your use of any third-party website or service is subject to that third party's own terms and policies. You access third-party websites and services at your own risk.

Your privacy is important to us. Our collection and use of personal information in connection with the Service is described in our Privacy Policy, available at https://www.neurobeatx.com/privacy-policy, which is incorporated into these Terms by reference. You can delete your account and exercise applicable data rights within the app, or by contacting us at privacy@neurobeatx.com. Please review the Privacy Policy to understand our practices.

As is. To the maximum extent permitted by applicable law, the Service and all content are provided "as is" and "as available," without warranties of any kind, whether express, implied, or statutory. We expressly disclaim all implied warranties, including warranties of merchantability, fitness for a particular purpose, title, and non-infringement, and any warranties arising from course of dealing or usage of trade. No guarantee of results or availability. We do not warrant that the Service will meet your requirements, produce any particular result or benefit, be uninterrupted, timely, secure, or error-free, or that any defects will be corrected. We do not guarantee that the Service will be available at all times or in all locations, and we are not liable for any unavailability, interruption, downtime, delay, or discontinuation of the Service or any of its features. The health and wellness disclaimers in Section 4 form part of this disclaimer. Jurisdictional limits. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you. In that case, any implied warranty is limited to the extent permitted by law, and nothing in these Terms affects non-waivable statutory rights you may have as a consumer.

Exclusion of certain damages. To the maximum extent permitted by applicable law, in no event will NeuroBeatx or its officers, directors, employees, agents, suppliers, or licensors be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, data, goodwill, or other intangible losses, arising out of or relating to your access to or use of, or inability to access or use, the Service, whether based on warranty, contract, tort (including negligence), statute, or any other legal theory, and whether or not we have been advised of the possibility of such damages. Liability cap. To the maximum extent permitted by applicable law, our total aggregate liability arising out of or relating to these Terms or the Service will not exceed the greater of (a) the total amounts you paid to us for the Service in the twelve (12) months immediately preceding the event giving rise to the claim, or (b) one hundred U.S. dollars (US$100). Exceptions. Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you. Nothing in these Terms excludes or limits our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot be excluded or limited under applicable law. Where such law applies, our liability is limited to the fullest extent permitted by that law.

To the maximum extent permitted by applicable law, you agree to indemnify, defend, and hold harmless NeuroBeatx and its officers, directors, employees, agents, suppliers, and licensors from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of or access to the Service; (b) your violation of these Terms; (c) your User Content; or (d) your violation of any law or any right of a third party. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate with our defense of that claim. This Section does not apply to the extent a claim arises from our own gross negligence or willful misconduct, or where limited by applicable law.

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS AND, EXCEPT WHERE PROHIBITED BY LAW AND SUBJECT TO YOUR RIGHT TO OPT OUT, REQUIRES DISPUTES TO BE RESOLVED THROUGH INDIVIDUAL BINDING ARBITRATION RATHER THAN IN COURT. Informal resolution first. Before starting any arbitration or other proceeding, you agree to first contact us at legal@neurobeatx.com and describe your dispute, and to give us at least 30 days to resolve it informally and in good faith. Agreement to arbitrate. Except as provided below, you and NeuroBeatx agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service that is not resolved informally will be resolved by binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules then in effect. The arbitration will be seated in Delaware, and judgment on the award may be entered in any court of competent jurisdiction. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this arbitration agreement, except as otherwise provided herein. Class-action and jury-trial waiver. To the fullest extent permitted by law, you and NeuroBeatx agree that each may bring claims against the other only in an individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding. The arbitrator may not consolidate more than one person's claims and may not preside over any form of class or representative proceeding. You and NeuroBeatx also waive any right to a trial by jury. If this class-action or class-arbitration waiver is found unenforceable as to a particular claim, that claim (and only that claim) will be severed and may proceed in court. 30-day opt-out. You may opt out of this arbitration agreement (including the class-action waiver) by sending an email to legal@neurobeatx.com within 30 days of first accepting these Terms, stating your name, the email associated with your account, and a clear statement that you wish to opt out of arbitration. If you opt out, neither the agreement to arbitrate nor the class-action waiver will apply to you, and disputes between you and NeuroBeatx will be resolved in court as described in Section 19. Opting out has no effect on any other provision of these Terms. Small-claims carve-out. Either party may bring an individual claim in a small-claims court of competent jurisdiction if the claim qualifies, instead of proceeding in arbitration. Injunctive relief. Nothing in this Section prevents either party from seeking injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement or misappropriation of intellectual property or other proprietary rights. Consumers outside the United States; mandatory-law carve-out. If you are a consumer resident in the European Economic Area or the United Kingdom, or in any other jurisdiction whose mandatory law prohibits pre-dispute arbitration agreements or class-action or class-arbitration waivers, then this arbitration agreement and the class-action and jury-trial waivers do not apply to you to the extent prohibited, you are not bound by them, and you may bring disputes before the competent courts of your place of residence in accordance with applicable law. In that case, the informal-resolution step above still applies as a good-faith courtesy but does not limit your rights.

These Terms and any dispute arising out of or relating to them or the Service are governed by the laws of the State of Delaware, United States, without regard to its conflict-of-laws rules. Subject to Section 18 (Dispute Resolution), you and NeuroBeatx agree that the state and federal courts located in Delaware will have exclusive jurisdiction over any dispute not subject to arbitration, and you consent to personal jurisdiction and venue there. Notwithstanding the foregoing, if you are a consumer, you retain the benefit of any mandatory consumer-protection laws and any mandatory rights to bring proceedings in the courts of your country or state of residence that cannot be waived by agreement, and nothing in this Section deprives you of that protection.

By you. You may stop using the Service and cancel your subscription at any time as described in Section 7, and you may delete your account at any time in the app. By us. We may suspend, restrict, or terminate your access to all or part of the Service, and remove any content, at any time, with or without notice, if we reasonably believe you have violated these Terms or applicable law, if required to protect the Service, other users, or third parties, or to comply with legal obligations. Where reasonable and lawful, we will endeavor to provide notice. Effect of termination. Upon termination, your license to use the Service ends and you must stop using it. Termination does not entitle you to any refund except as required by law or as expressly provided in these Terms. Sections that by their nature should survive termination, including Sections 4, 5 (reservation of rights and restrictions), 11, and 15 through 24, will survive.

We may update these Terms from time to time. If we make material changes, we will provide notice by reasonable means, such as posting the updated Terms on the Service, updating the "Effective date" and version above, or notifying you through the Service or by email, before the changes take effect. Your continued access to or use of the Service after the updated Terms become effective constitutes your acceptance of the updated Terms. If you do not agree to the updated Terms, you must stop using the Service and may cancel your subscription as described in Section 7.

Your download and use of our mobile applications are also subject to the terms of the platform from which you obtained the app. In the event of any conflict between these Terms and the applicable platform's terms with respect to your use of the app on that platform, the platform's terms will govern to the extent of the conflict, solely as required by that platform. Apple App Store (Licensed Application End User License Agreement). The following applies if you obtained our iOS app from the Apple App Store: • These Terms are entered into between you and NeuroBeatx only, and not with Apple Inc. ("Apple"). NeuroBeatx, not Apple, is solely responsible for the app and its content. • The license granted to you is a limited, non-transferable license to use the app on any Apple-branded device that you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions. • Apple has no obligation to furnish any maintenance or support services for the app. • To the maximum extent permitted by law, Apple has no warranty obligation with respect to the app. In the event of any failure of the app to conform to any applicable warranty, you may notify Apple, and Apple may refund the purchase price (if any) for the app; to the maximum extent permitted by law, Apple has no other warranty obligation whatsoever with respect to the app. • Apple is not responsible for addressing any claims by you or any third party relating to the app or your possession or use of it, including product-liability claims, claims that the app fails to conform to any legal or regulatory requirement, claims under consumer-protection, privacy, or similar legislation, and intellectual-property claims. Any such claims are governed solely by these Terms and applicable law. • In the event of any third-party claim that the app or your possession and use of it infringes that third party's intellectual property rights, NeuroBeatx, not Apple, is solely responsible for the investigation, defense, settlement, and discharge of any such claim to the extent required by these Terms. • You represent and warrant that you are not located in a country subject to a U.S. Government embargo or designated as a "terrorist supporting" country, and that you are not listed on any U.S. Government list of prohibited or restricted parties. • You must comply with any applicable third-party terms of agreement when using the app. • Apple and its subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary. Google Play. If you obtained our Android app from the Google Play Store, your use of the app is also subject to the Google Play Terms of Service and any other applicable Google terms.

Entire agreement. These Terms, together with the Privacy Policy and any additional terms you agree to when using specific features, constitute the entire agreement between you and NeuroBeatx regarding the Service and supersede all prior or contemporaneous understandings and agreements, whether written or oral, on that subject. Severability. If any provision of these Terms is held invalid, unlawful, or unenforceable, that provision will be modified to the minimum extent necessary or, if it cannot be modified, severed, and the remaining provisions will remain in full force and effect. No waiver. Our failure to enforce any right or provision of these Terms will not be deemed a waiver of that right or provision, and no waiver will be effective unless in writing and signed by an authorized representative of NeuroBeatx. Assignment. You may not assign or transfer these Terms or any rights or obligations under them without our prior written consent. We may assign or transfer these Terms, in whole or in part, without restriction, including in connection with a merger, acquisition, reorganization, or sale of assets. Force majeure. We will not be liable for any delay or failure to perform resulting from causes beyond our reasonable control, including acts of God, natural disasters, epidemics or pandemics, war, terrorism, civil unrest, labor disputes, governmental actions, power or internet failures, or failures of third-party service providers, hosting providers, or networks. Relationship. No agency, partnership, joint venture, or employment relationship is created by these Terms. Notices. We may provide notices to you through the Service or by email to the address associated with your account. You may provide notices to us at the contact details in Section 24. Language. These Terms may be made available in other languages for convenience. If there is any conflict, the English version governs to the extent permitted by applicable law.

NeuroBeatx, Inc. • General and account support: support@neurobeatx.com • Legal notices: legal@neurobeatx.com • Privacy requests: privacy@neurobeatx.com • Contact form: https://www.neurobeatx.com/contact