Terms of Service

1. Agreement and eligibility

These Terms form an agreement between you and Brainwavest (“Brainwavest,” “we,” “us,” or “our”) and govern your access to brainwavest.com and related services. By accessing or using the service, you agree to these Terms and our Privacy Policy. If you do not agree, do not use the service.

You must be at least 18 years old and legally able to enter a binding agreement. The service is intended for individual consumers, not children or supervised clinical use. If you use Brainwavest for an organization, you represent that you can bind it to these Terms.

2. What Brainwavest provides

Brainwavest provides a browser-based neuro-acoustic library, live audio-synthesis engine, visual interface, educational material, account features, and optional paid access. Session names, categories, frequency bands, descriptions, and signal specifications organize the service and describe design intent; they are not guarantees of a mental, physical, or clinical result.

We may add, revise, replace, or retire features and catalog items. If a change materially reduces a prepaid core service, any remedy will be provided as required by applicable law.

3. Wellness boundary and safe use

• Never use rhythmic audio while driving, cycling in traffic, operating machinery, or when reduced attention could cause harm.
• Keep volume comfortable, take breaks, and stop if you experience discomfort, dizziness, headache, anxiety, disorientation, or unusual symptoms.
• Speak with a qualified clinician before use if you have epilepsy or a seizure history, photosensitivity, are pregnant, have a pacemaker or heart condition, or have a neurological or psychiatric condition or treatment.
• Do not delay or replace professional care because of anything on Brainwavest.

Review the complete Safety guidance before your first session.

4. Accounts and authentication

You are responsible for maintaining control of your email account, sign-in links, devices, and active sessions. Provide accurate information, keep it current, and notify us promptly of suspected unauthorized access. You may not transfer, sell, rent, or share an account in a way that circumvents plan limits or compromises security.

We may require re-authentication, suspend access, or take protective action when reasonably necessary to secure an account or the service. Account activity is handled as described in the Privacy Policy.

5. Membership, renewal, and cancellation

Brainwavest may offer limited free use and paid monthly or annual memberships. Current standard pricing is $3/month or $30/year, as shown again before purchase. Taxes, promotions, and region-specific terms may change the final amount.

• Free trial. New members may be offered a 3-day free trial, one per account. A payment method is required to start it and is authorized but not charged during the trial. Unless you cancel before the trial ends, the trial converts automatically into a paid membership on the plan you selected — $30/year unless you chose monthly at $3/month — and the first charge is taken on the date shown to you before you entered a payment method. Cancel at any point during the trial from the Account Dashboard and you are not charged. If no usable payment method is on file when the trial ends, the membership ends instead of being billed.
• Automatic renewal. A paid membership renews on its stated cadence until canceled. By subscribing, or by allowing a free trial to convert, you authorize Stripe to charge your selected payment method.
• Cancellation. Cancel from the Account Dashboard before renewal. Access continues through the end of the paid period unless law requires otherwise.
• Payment failure. Access may be limited after a failed or reversed payment while Stripe retries or the account is past due.
• Price changes. We will provide legally required advance notice before a price change applies to a renewal.
• Refunds. Purchases are governed by the Refund & Billing Policy and any mandatory consumer rights that apply where you live.

6. Limited personal-use license

Subject to these Terms and, for paid features, an active membership, Brainwavest grants you a limited, revocable, non-exclusive, non-transferable license to access and use the service for your own lawful, personal, non-commercial wellness use.

The license does not include a right to copy or redistribute the catalog, capture and resell generated output, publicly perform or broadcast sessions, create a competing dataset or service, sublicense access, or use the service to provide clinical or professional treatment. Contact us before any commercial, research, classroom, workplace, or institutional use.

7. Acceptable use

You may not, and may not help anyone else to:

• break the law, infringe rights, harass others, or use the service in an unsafe manner;
• probe, scan, disrupt, overload, bypass, or interfere with security, authentication, access controls, rate limits, payment controls, or service operation;
• introduce malware, automate abusive requests, scrape at scale, or access data or accounts without authorization;
• reverse engineer or extract source code except where that restriction is prohibited by law;
• misrepresent Brainwavest output as medical advice, a validated treatment, or a guaranteed outcome; or
• remove branding, notices, attribution, or technical protections.

8. Ownership and feedback

Brainwavest and its licensors retain all rights in the service, including software, signal architecture, catalog structure, editorial content, visual systems, trademarks, and design. These Terms grant a license to use the service, not ownership of any part of it.

If you send suggestions or feedback, you allow us to use them without restriction or payment, provided that this does not transfer ownership of confidential material you identify as such.

9. Availability and third-party services

The service may be interrupted for maintenance, security, provider outages, legal compliance, or events beyond reasonable control. We do not promise uninterrupted or error-free availability. Authentication, hosting, and payments rely on third-party providers, including Supabase, Vercel, and Stripe; their services may also be governed by their own terms.

10. Disclaimers

To the maximum extent permitted by law, Brainwavest is provided “as is” and “as available.” We disclaim implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranty arising from course of dealing or usage of trade.

Research on rhythmic audio and brainwave entrainment is mixed and context-dependent. We do not warrant that a session will produce a particular brain state, improve performance or sleep, relieve symptoms, or work the same way for every listener. Nothing in these Terms excludes a warranty or consumer protection that cannot lawfully be excluded.

11. Limitation of liability

To the maximum extent permitted by law, Brainwavest and its suppliers will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, revenue, data, goodwill, or business interruption arising from the service.

Our aggregate liability for claims relating to the service will not exceed the greater of US $100 or the amount you paid Brainwavest during the 12 months before the event giving rise to the claim. These limits do not apply to liability that cannot be limited by law, including where applicable fraud, willful misconduct, gross negligence, or personal injury caused by negligence.

You are responsible for losses arising from your unlawful misuse of the service or material violation of these Terms, to the extent permitted by law.

12. Suspension and termination

You may stop using the service at any time and may request account deletion. Canceling a membership stops future renewal but does not by itself delete the account. We may suspend or terminate access for material or repeated breach, fraud, nonpayment, security risk, legal requirement, or conduct that harms users or the service. Where practical and lawful, we will provide notice and an opportunity to resolve the issue.

Provisions that by their nature should survive—such as ownership, payment obligations, disclaimers, liability limits, and dispute terms—remain effective after termination.

13. Disputes and general terms

Before filing a formal claim, please email us with a description of the issue and allow 30 days for a good-faith resolution. These Terms are governed by the law that validly applies to the agreement, without overriding mandatory consumer protections or a forum available to you under applicable law.

If any provision is unenforceable, it will be limited to the minimum extent necessary and the rest will remain in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them as part of a reorganization, financing, merger, sale, or transfer of the service. These Terms, together with incorporated policies, are the entire agreement about the service.

14. Changes and contact

We may update these Terms as the service or law changes. We will post the revised version, update the effective date, and provide additional notice when required. Material changes will apply prospectively. Continuing to use the service after the effective date means you accept the updated Terms; if you do not, stop using the service and cancel before your next renewal.

Questions: support@brainwavest.com. You may also review the Privacy Policy, Safety guidance, and Refund & Billing Policy.