MelodiaSync LLC Terms of Service

You must be at least eighteen (18) years old, or the age of legal majority in your jurisdiction if higher, to create an account, purchase a subscription, or act as the primary account holder for the Service.

Children may use certain features of the Service only under the active supervision of a parent or legal guardian who is the registered adult account holder and who accepts these Terms on behalf of the minor to the extent permitted by applicable law. The adult account holder is solely responsible for all activity occurring through the account, including any use of the Service by a child or other minor under that account.

By creating an account or using the Service, you represent and warrant that:

1. you are legally capable of entering into these Terms;

2. all information you submit to MelodiaSync, including your age, date of birth, parental status, identity, and eligibility information, is true, accurate, current, and complete;

3. you will maintain and promptly update your account information as needed; and

4. your use of the Service does not violate any applicable law, rule, regulation, or contractual obligation.

MelodiaSync may rely on the information you provide in determining eligibility to access and use the Service. If MelodiaSync reasonably believes that any age, date-of-birth, parental-consent, or other eligibility information is false, misleading, incomplete, or outdated, MelodiaSync may suspend, restrict, or terminate access to the Service, cancel subscriptions to the extent permitted by applicable law, and delete or de-identify associated data as permitted by law and our Privacy Policy.

To the maximum extent permitted by law, the adult account holder is responsible for ensuring that any minor using the Service through the account is permitted to do so under applicable law, is appropriately supervised, and uses the Service in accordance with these Terms, all warnings, and all safety instructions. MelodiaSync is not responsible for losses, claims, or consequences arising from inaccurate or false age, identity, parental-status, or other eligibility information submitted by a user or account holder, except to the extent such liability cannot be excluded under applicable law.

MelodiaSync provides a wellness-oriented software platform that may include, without limitation:

• connection to compatible consumer electroencephalogram (EEG) devices;

• receipt and processing of EEG-related signals or summaries;

• transmission of data to cloud-based processing systems;

• playback of EEG-guided binaural beats and related audio experiences;

• binaural beat generation tools;

• affirmation generation features, including audible and subliminal formats;

• personalization and session-based adaptive features; and

• subscription-based access to certain features, content, or functionality.

The Service may depend on compatible hardware, software, internet access, cloud infrastructure, payment processors, mobile operating systems, and third-party platforms.

The Service is a wellness product only. The Service is not a medical device, medical service, mental health service, or healthcare service. The Service is not intended to diagnose, treat, cure, monitor, mitigate, or prevent any disease, condition, disorder, or injury, including any medical, neurological, psychiatric, or psychological condition.

No content, data output, session result, affirmation, audio track, recommendation, target state, or other information provided through the Service constitutes medical advice, psychiatric advice, psychological advice, therapeutic advice, diagnosis, treatment recommendation, or professional healthcare guidance.

You should not use the Service as a substitute for licensed medical care, mental health care, psychiatric care, psychological care, counseling, sleep medicine, emergency intervention, or crisis response. Always seek the advice of a qualified licensed professional regarding any medical, mental health, psychiatric, or psychological condition.

If you believe you may be experiencing a medical emergency, psychiatric emergency, mental health crisis, or any condition involving risk of harm to yourself or others, do not rely on the Service. Call 911, contact emergency services, or seek immediate help from an appropriate licensed professional or emergency responder.

You understand and agree that use of the Service is voluntary and at your sole risk. By using the Service, you acknowledge and assume all risks arising from or related to the use of the Service, including without limitation risks associated with audio stimulation, headphones or audio devices, altered relaxation states, drowsiness, sleepiness, reduced alertness, distraction, emotional discomfort, mental discomfort, device malfunction, interrupted connectivity, or inaccurate or incomplete session outputs.

You agree not to use the Service while driving, cycling, operating machinery, supervising children in a manner requiring full alertness, performing safety-sensitive tasks, or engaging in any activity where reduced attention, relaxation, drowsiness, or distraction could create a risk of injury, death, or property damage.

You are solely responsible for determining whether the Service is appropriate for you.

To access certain features, you may be required to create an account. You agree to:

1. maintain accurate, complete, and current registration information;

2. keep your username, password, and other login credentials confidential;

3. not share your login credentials with any other person;

4. not permit any third party to access the Service through your account;

5. promptly notify us of any suspected or actual unauthorized access, disclosure, or use of your account; and

6. remain responsible for all activity occurring under your account.

We are not responsible for losses arising from your failure to safeguard your account credentials.

Certain portions of the Service may be offered on a paid subscription basis. By purchasing a subscription, you agree to the pricing, billing frequency, renewal terms, trial terms if offered, and payment terms presented to you at the time of purchase.

You authorize MelodiaSync and/or its third-party payment processors to charge the payment method on file for all applicable subscription fees, taxes, and other charges incurred in connection with your account.

You agree to maintain a valid and current payment method on file for so long as you maintain a paid subscription. Failure to maintain valid payment information may result in suspension or termination of access to paid features.

Unless otherwise stated at the point of purchase, subscriptions automatically renew for the same billing cycle unless canceled before the applicable renewal date. If your subscription is purchased through Apple App Store, Google Play, or another third-party marketplace, billing, cancellation, renewal, trials, grace periods, and refund administration may also be governed by that platform’s rules and procedures. For subscriptions purchased through an app marketplace, you may need to manage, cancel, or modify your subscription directly through the applicable marketplace account settings.

Cancellation generally takes effect at the end of the then-current paid billing period unless otherwise required by applicable law or the applicable app marketplace rules. Deleting the app does not automatically cancel a subscription.

Where required by applicable law, app marketplace rules, or other mandatory consumer rights, MelodiaSync will honor those rights notwithstanding anything to the contrary in these Terms.

Except as required by applicable law, non-waivable consumer rights, or expressly stated in a separate written promotional agreement issued by MelodiaSync, all fees, subscription charges, and payments are non-refundable once charged or paid. Partial billing periods are not refunded.

MelodiaSync reserves the right to change subscription fees, plan structures, feature access, and billing terms for future unpaid billing cycles upon at least ten (10) business days’ prior notice sent to the email address associated with your account or otherwise provided through the Service. Continued use of the paid Service after the effective date of the new pricing constitutes acceptance of the updated pricing.

Subject to your compliance with these Terms, MelodiaSync grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to download, install, and use the Service for your personal, non-commercial, lawful use only.

No ownership rights are transferred to you. The Service is licensed, not sold.

The Service, including all software, code, algorithms, processing logic, adaptive outputs, audio content, visual content, text, graphics, trademarks, trade names, branding, interfaces, designs, session structures, proprietary binaural beat systems, affirmation generation systems, and all related intellectual property rights, are owned by MelodiaSync or licensed to MelodiaSync and are protected by copyright, trademark, trade secret, patent, and other applicable laws.

The MelodiaSync name, logos, and marks may not be used without our prior written consent.

You may not, and you may not permit any other person to:

1. copy, reproduce, distribute, publish, display, transmit, sell, lease, sublicense, or exploit the Service except as expressly authorized by MelodiaSync;

2. modify, adapt, translate, create derivative works from, reverse engineer, decompile, disassemble, decode, extract, or otherwise attempt to derive the source code, object code, structure, sequence, organization, models, signal processing methods, adaptive logic, or proprietary algorithmic components of the Service;

3. bypass, disable, defeat, or interfere with security, authentication, encryption, access controls, technological protection measures, or anti-reverse-engineering safeguards;

4. use the Service to build, train, benchmark, validate, improve, or assist any competing product, service, algorithm, model, or technology;

5. scrape, harvest, collect, or mine data from the Service except as expressly permitted by MelodiaSync;

6. use another person’s account or share your credentials with any other person;

7. access or use the Service for unlawful, fraudulent, misleading, abusive, defamatory, threatening, harassing, or harmful purposes;

8. use any output, feature, affirmation, audio, signal pattern, or component of the Service to attempt to directly or indirectly harm yourself or any other person;

9. use the Service in any way that could damage, disable, overburden, impair, or interfere with the Service or related infrastructure;

10. remove or alter copyright, trademark, patent, confidentiality, or proprietary notices;

11. use the Service in violation of any third-party agreement, including any agreement governing compatible devices, operating systems, app marketplaces, payment providers, or cloud platforms; or

12. otherwise use the Service beyond the scope of the license granted in these Terms.

You agree that neither the Service, nor any form of the Service, nor any component of the app, audio outputs, affirmations, session outputs, or algorithm may be used in any way to cause, facilitate, encourage, attempt, or contribute to direct or indirect harm to yourself or any other person.

If MelodiaSync reasonably suspects, in good faith, that the Service is being used or may be used in connection with imminent safety threats, self-harm, threatened self-harm, harm to others, threatened harm to others, violence, unlawful conduct, or other dangerous misuse, MelodiaSync may, without prior notice and to the extent reasonably necessary for safety, legal compliance, or protection of persons or property:

• suspend, restrict, or terminate access to the Service or any account;

• preserve relevant account, device, usage, or session records;

• disclose identifiable information and related records to law enforcement, emergency responders, governmental authorities, or other appropriate third parties; and

• cooperate with any resulting safety check, investigation, legal process, or response.

MelodiaSync will seek to disclose only the information reasonably necessary for the applicable purpose. To the maximum extent permitted by law, MelodiaSync and its members, managers, officers, employees, board members, inventors, licensors, intellectual property owners, contractors, distributors, and affiliates shall not be liable for claims or consequences arising out of good-faith disclosures, notifications, or cooperation under this Section, except to the extent such liability cannot be excluded under applicable law.

The Service may interoperate with or rely upon third-party devices, software, platforms, and services, including without limitation NeuroSky MindWave Mobile 2, Apple App Store, Google Play, payment processors, internet service providers, cloud hosting providers, analytics services, and Amazon Web Services or other cloud vendors.

Your use of such third-party products or services may be subject to separate agreements, licenses, or policies imposed by the applicable third party. You are solely responsible for reviewing and complying with all such third-party terms, including any applicable NeuroSky user agreement or license, Apple App Store terms, and Google Play terms.

MelodiaSync does not control and is not responsible for the availability, performance, acts, omissions, content, security, legality, or policies of third-party products or services.

To the extent the Service is accessed through a mobile platform, you acknowledge that Apple and Google are not parties to these Terms and are not responsible for the Service, its content, maintenance, support, or claims relating thereto, except as may be required under their applicable platform terms.

MelodiaSync reserves the right, at any time and without prior notice, to add, remove, suspend, discontinue, replace, update, alter, or modify any aspect of the Service, including features, functionality, compatibility, content, pricing structures, supported devices, signal processing methods, session formats, target states, and subscription plans.

MelodiaSync does not guarantee that the Service will be uninterrupted, error-free, secure, or available at all times. Access may be interrupted, delayed, degraded, or unavailable due to maintenance, internet failures, device incompatibility, software bugs, outages, security incidents, app marketplace restrictions, third-party vendor limitations, or other causes beyond our control.

If you submit suggestions, ideas, comments, feedback, text inputs, prompts, responses, or other materials to MelodiaSync, you grant MelodiaSync a worldwide, perpetual, irrevocable, transferable, sublicensable, royalty-free license to use, reproduce, modify, adapt, publish, translate, distribute, display, perform, and otherwise exploit such materials for any lawful business purpose, without compensation to you, subject to our Privacy Policy where applicable.

You acknowledge that the Service may generate, collect, derive, store, analyze, and use session-level information, EEG summaries, derived metrics, usage records, engagement logs, device-related information, performance summaries, and other outputs or analytics related to your use of the Service.

As between you and MelodiaSync, MelodiaSync owns the Service, software, models, algorithms, audio systems, proprietary processing methods, and intellectual property embodied in the Service. Personal data and session-related personal information are processed by MelodiaSync as described in the Privacy Policy and remain subject to applicable privacy rights.

To the extent permitted by law, MelodiaSync may use aggregated analytics, de-identified data, product telemetry, derived non-identifiable outputs, and service performance information generated through the Service to operate, maintain, secure, develop, personalize, improve, support, validate, and analyze the Service.

MelodiaSync may suspend, restrict, or terminate your access to the Service, in whole or in part, with or without notice, for violation of these Terms, safety concerns, suspected fraud, payment failure, legal compliance, security concerns, misuse of the Service, inaccurate eligibility information, or other legitimate business reasons.

Where commercially reasonable and legally permitted, MelodiaSync may allow access to continue through the end of the then-current paid billing period for terminations not based on cause, but MelodiaSync is not obligated to do so unless required by applicable law or the applicable billing platform.

Upon termination, the license granted to you under these Terms shall immediately cease. Sections that by their nature should survive termination shall survive, including without limitation provisions regarding payments owed, intellectual property, disclaimers, limitation of liability, indemnification, dispute resolution, and data handling.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED ON AN “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS” BASIS. MELODIASYNC DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, QUIET ENJOYMENT, AVAILABILITY, RELIABILITY, SECURITY, OR THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS.

MELODIASYNC DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, TIMELY, COMPATIBLE WITH ANY PARTICULAR DEVICE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Nothing in these Terms is intended to exclude warranties or representations that cannot be excluded under applicable law.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL MELODIASYNC OR ITS MEMBERS, MANAGERS, OFFICERS, DIRECTORS, EMPLOYEES, BOARD MEMBERS, INVENTORS, LICENSORS, INTELLECTUAL PROPERTY OWNERS, CONTRACTORS, DISTRIBUTORS, AFFILIATES, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, REPUTATIONAL, EMOTIONAL, MENTAL, PHYSICAL, OR FINANCIAL DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS, DATA, GOODWILL, OR OPPORTUNITY, ARISING OUT OF OR RELATING TO THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

WITHOUT LIMITING THE FOREGOING, AND EXCEPT TO THE EXTENT LIABILITY CANNOT BE LIMITED UNDER APPLICABLE LAW, MELODIASYNC SHALL NOT BE LIABLE FOR DAMAGES OR CLAIMS ARISING OUT OF OR RELATING TO:

• USE OR MISUSE OF THE SERVICE;

• RELIANCE ON ANY SESSION OUTPUT, TARGET STATE, AUDIO, AFFIRMATION, OR GENERATED CONTENT;

• ANY ALLEGED PHYSICAL, MENTAL, EMOTIONAL, PSYCHOLOGICAL, PSYCHIATRIC, FINANCIAL, OR REPUTATIONAL HARM;

• DEVICE FAILURE, SERVICE INTERRUPTION, DELAY, OR LOSS OF INTERNET ACCESS;

• ACTS OR OMISSIONS OF THIRD-PARTY DEVICES, PAYMENT PROCESSORS, CLOUD VENDORS, APP STORES, OR OTHER THIRD PARTIES;

• UNAUTHORIZED ACCESS TO OR USE OF YOUR ACCOUNT OR DATA CAUSED BY CIRCUMSTANCES OUTSIDE MELODIASYNC’S REASONABLE CONTROL;

• SECURITY INCIDENTS OR DATA BREACHES CAUSED BY THIRD-PARTY SYSTEMS OR CIRCUMSTANCES OUTSIDE MELODIASYNC’S REASONABLE CONTROL; OR

• DISCLOSURES OR REPORTS MADE IN GOOD FAITH UNDER SECTION 12.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IF MELODIASYNC IS FOUND LIABLE FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE SERVICE, MELODIASYNC’S TOTAL AGGREGATE LIABILITY SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO MELODIASYNC FOR THE SERVICE IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) FIFTY U.S. DOLLARS (US $50.00).

NOTHING IN THESE TERMS LIMITS OR EXCLUDES LIABILITY THAT CANNOT LAWFULLY BE LIMITED OR EXCLUDED UNDER APPLICABLE LAW.

You agree to defend, indemnify, and hold harmless MelodiaSync and its members, managers, officers, directors, employees, board members, inventors, licensors, affiliates, contractors, distributors, and service providers from and against any and all claims, demands, actions, liabilities, damages, losses, judgments, settlements, costs, and expenses, including reasonable attorneys’ fees, arising out of or relating to:

1. your access to or use of the Service;

2. your violation of these Terms;

3. your violation of any law or third-party right;

4. your misuse of the Service; or

5. any use of your account by you or any person acting through your credentials.

These Terms and any dispute arising out of or relating to these Terms or the Service shall be governed by and construed in accordance with the laws of the State of Texas, without regard to conflict of law principles, except to the extent preempted by the Federal Arbitration Act or otherwise limited by non-waivable applicable law.

A. Mandatory Arbitration

Subject to the exclusions below and to the maximum extent permitted by applicable law, you and MelodiaSync agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Service, your use of the Service, your subscription, billing, privacy, data practices, or any relationship between you and MelodiaSync shall be resolved by final and binding arbitration on an individual basis and not in court.

This arbitration agreement is intended to be broadly interpreted and shall be governed by the Federal Arbitration Act. Arbitration shall be administered by the American Arbitration Association (AAA) under the AAA Consumer Arbitration Rules and applicable AAA consumer fee schedule, unless otherwise required by applicable law. The arbitration shall take place in Lubbock County, Texas, unless the parties agree otherwise, the applicable AAA rules permit a remote proceeding, or applicable law requires another location or format.

B. Informal Dispute Resolution

Before commencing arbitration, either party must provide the other with written notice of the dispute describing the nature of the claim and the requested relief. The parties agree to attempt in good faith to resolve the dispute informally for at least thirty (30) days after such notice before initiating arbitration, unless immediate injunctive relief is necessary.

C. Class Action Waiver; Jury Trial Waiver

To the maximum extent permitted by applicable law, you and MelodiaSync 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, representative, consolidated, or private attorney general proceeding. To the maximum extent permitted by applicable law, you and MelodiaSync knowingly and voluntarily waive any right to a trial by jury for any dispute permitted to proceed in court.

D. Arbitration Exceptions

Nothing in this Section prevents either party from:

1. bringing an individual claim in small claims court if that claim qualifies;

2. seeking temporary, preliminary, or injunctive relief in a court of competent jurisdiction to protect intellectual property, confidential information, or platform security; or

3. pursuing a claim in court where arbitration is prohibited or unenforceable under applicable law.

E. Venue for Court Proceedings

For any dispute not subject to arbitration, the parties agree that exclusive venue shall lie in the state or federal courts located in Lubbock County, Texas, subject to any non-waivable rights you may have under applicable law, and each party consents to the personal jurisdiction of such courts.

F. Opt-Out Where Required by Law

If applicable law requires MelodiaSync to offer an opportunity to opt out of arbitration, or otherwise limits enforcement of this Section for certain consumers or jurisdictions, MelodiaSync will honor such requirements to the extent applicable.

G. Arbitration Fees and Costs

Arbitration fees will be allocated in accordance with the AAA Consumer Arbitration Rules and the applicable AAA consumer fee schedule. You will be responsible only for the consumer filing fee, if any, required under the AAA Consumer Arbitration Rules and applicable law, subject to any available waiver, reduction, or other lower amount required by applicable law or the AAA rules. MelodiaSync will pay all remaining AAA administrative fees and the arbitrator’s compensation to the extent required by the AAA Consumer Arbitration Rules and applicable law.

Each party will bear its own attorneys’ fees and other litigation-related costs unless the arbitrator awards fees or costs under applicable law or the AAA Consumer Arbitration Rules. Nothing in this agreement limits any right to seek a waiver, reduction, or reallocation of fees under the AAA rules or applicable law. If the arbitrator determines that a claim or demand was frivolous or brought for an improper purpose, the arbitrator may award fees or costs to the extent permitted by applicable law and the AAA Consumer Arbitration Rules.

You acknowledge that a breach of Sections 10, 11, 12 or any misuse of MelodiaSync’s proprietary technology or intellectual property may cause irreparable harm for which monetary damages may be inadequate. MelodiaSync shall be entitled to seek injunctive or equitable relief, without bond where permitted by law, in addition to any other remedies available.

You may not use, export, re-export, or transfer the Service except as authorized by United States law and the laws of the jurisdiction in which the Service was obtained. You represent that you are not located in, under the control of, or a national or resident of any prohibited jurisdiction or listed party.

We may update these Terms from time to time. When we do, we will revise the Effective Date above. If changes are material, we may provide additional notice by email, in-app notice, or other reasonable means. Your continued use of the Service after the effective date of updated Terms constitutes acceptance of the updated Terms, to the extent permitted by applicable law.

Nothing in these Terms limits or excludes any non-waivable rights or remedies you may have under applicable law.

If any provision of these Terms is found unenforceable, the remaining provisions shall remain in full force and effect. No waiver of any provision shall be deemed a further or continuing waiver of that provision or any other provision.

These Terms, together with the Privacy Policy and any additional terms expressly incorporated by reference, constitute the entire agreement between you and MelodiaSync regarding the Service.

If you have any questions regarding these Terms, please contact:

MelodiaSync LLC

3911 4th St, Lubbock TX 79415 USA

contact@melodiasync.com