Terms of Service

Please read these Terms of Service (“Terms”) carefully before using WellAudio’s mobile application, website, or any related services (collectively, the “Services”) operated by WellAudio LLC (“WellAudio,” “we,” “our,” or “us”). By accessing or using the Services, you agree to be bound by these Terms.

1. Eligibility

You must be at least 13 years of age to use the Services. By using the Services, you represent and warrant that you meet this requirement. If you are under 18, you represent that your parent or legal guardian has reviewed and agreed to these Terms.

2. Account Registration

To access certain features of the Services, you may be required to create an account. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You agree to notify us immediately of any unauthorized use of your account.

3. Subscriptions and Billing

Some features of the Services require a paid subscription. By subscribing, you agree to pay the applicable fees as described at the time of purchase. Subscriptions automatically renew at the end of each billing period unless cancelled prior to renewal. You may cancel your subscription at any time through the app or by contacting us at hello@wellaudio.com. Refunds are handled in accordance with the refund policy of the platform through which you subscribed (Apple App Store or Google Play).

4. Free Trial

We may offer a free trial period for new subscribers. At the end of the trial, your subscription will automatically convert to a paid plan unless you cancel before the trial expires. We reserve the right to modify or discontinue free trials at any time.

5. Intellectual Property

All content, audio sessions, software, designs, trademarks, and other materials available through the Services are the exclusive property of WellAudio LLC or its licensors and are protected by applicable intellectual property laws. You may not reproduce, distribute, modify, or create derivative works from any content without our express written permission.

6. Permitted Use

You agree to use the Services only for lawful, personal, non-commercial purposes. You may not: (a) reverse engineer or attempt to extract the source code of our software; (b) use automated tools to access or scrape the Services; (c) share, resell, or sublicense access to the Services; or (d) use the Services in any way that could harm WellAudio or other users.

7. Health Disclaimer

WellAudio's audio sessions are designed to support relaxation, focus, sleep, and general wellness. They are not a substitute for professional medical advice, diagnosis, or treatment. If you have a medical condition particularly epilepsy or a seizure disorder consult a qualified healthcare provider before using brainwave entrainment audio. We make no medical claims regarding the efficacy of our Services.

8. Third-Party Services and Data Processors

We use third-party services to operate the WellAudio platform. These include Amplitude for product analytics, Resend for transactional and marketing email delivery, and payment processors for billing. By using the Services, you acknowledge that your data may be processed by these providers in accordance with their respective privacy policies. We only share data necessary for these providers to perform their services on our behalf, and we require them to protect your data with appropriate safeguards. Analytics tracking via Amplitude is only activated following your explicit cookie consent.

9. Disclaimer of Warranties

The Services are provided on an “as is” and “as available” basis without warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not warrant that the Services will be uninterrupted, error-free, or free of viruses or other harmful components.

10. Limitation of Liability

To the fullest extent permitted by law, WellAudio LLC and its officers, directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to your use of the Services, even if advised of the possibility of such damages. Our total liability to you for any claim arising out of or relating to these Terms or the Services shall not exceed the amount you paid to us in the twelve months preceding the claim.

11. Termination

We reserve the right to suspend or terminate your access to the Services at any time, with or without notice, for conduct that we determine violates these Terms or is harmful to other users, us, or third parties. You may terminate your account at any time by contacting us.

12. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law provisions. Any disputes arising under these Terms shall be resolved exclusively in the state or federal courts located in Delaware.

13. Changes to These Terms

We may update these Terms from time to time. We will notify you of material changes by posting the updated Terms with a revised date. Your continued use of the Services after changes take effect constitutes your acceptance of the revised Terms.

14. Contact Us

If you have any questions about these Terms, please contact us at hello@wellaudio.com or write to WellAudio LLC.