Terms and Conditions

1. Acceptance of Terms

Welcome to The Gateway Experience by Graverholt Unlimited ("Company," "we," "our," or "us"). By accessing or using The Gateway Experience app, our website, iOS app, Android app, and related services (collectively, the "Service") — you agree to be bound by these Terms and Conditions ("Terms"). If you do not agree to these Terms, please do not use the Service.

We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms on our website and updating the "Last Updated" date. Your continued use of the Service after such changes constitutes acceptance of the modified Terms.

2. Description of Service

The Gateway Experience by Graverholt Unlimited is a meditation and consciousness exploration app powered by a cloud backend. The app offers The Gateway Experience program, professionally curated audio tracks with various musical styles, and customizable binaural beat frequencies designed to support relaxation, focus, and expanded states of awareness. The Service includes:

2.1 Core Features

• The Gateway Experience: 48 progressive guided sessions across 8 waves of consciousness exploration, from Focus 10 to Focus 27. Pre-rendered, professionally mastered audio programs based on decades of consciousness research.
• Meditation Generator: Custom meditation tracks with 6 music styles, 5 moods, and customizable binaural beat frequencies. Sessions from 1 minute to 12 hours.
• Binaural Builder: Custom multi-segment frequency scheduling with precise carrier and beat frequency control for dynamic brainwave entrainment.
• Binaural Infusion: Upload your own audio files (MP3, WAV, FLAC, M4A) and infuse them with research-informed binaural beats.

2.2 Platform Features

The app provides the following features:

• Professionally produced meditation and ambient music tracks (powered by ZenMix.io)
• Binaural beat integration with multiple brainwave presets (Delta, Theta, Alpha, Beta)
• Premium Binaural Journeys: Dynamic frequency ramping for enhanced relaxation and focus experiences (e.g., Sleep Induction, Deep Work, Anxiety Relief)
• Premium Binaural Beat Builder: Custom binaural beat creation with precise control over carrier frequencies (60-500 Hz), beat frequencies (0.5-40 Hz), intensity levels, multi-segment scheduling, and optional background noise layers (pink, brown, white noise)
• Premium Binaural Infusion: Upload your own audio files (MP3, WAV, FLAC, M4A up to 50MB) and infuse them with research-informed binaural beats. Extend or trim tracks up to 12 hours with crossfade looping, choose brainwave presets, and save processed tracks to your personal library
• Professional audio processing including DSP mixing, mastering, looping, and crossfade transitions
• Personal track library with playback, MP3 streaming, and organization features
• Custom binaural preset library: Save and manage up to 50 personal binaural configurations (Premium)
• Background processing that continues even if you navigate away
• Free tier with the first Gateway lesson at no cost, and Premium subscription ($19.99/month) with full access to all sessions, features, moods, brainwaves, Binaural Journeys, Binaural Beat Builder, and Binaural Infusion
• Playlists: Organize tracks into playlists with shuffle, repeat, and continuous playback (mobile)
• Casting: Stream audio to AirPlay devices (iOS) and Chromecast/Android TV (iOS and Android)
• LED Headset Integration: Optional Bluetooth-connected LED light stimulation headset support with synchronized photic stimulation matched to binaural beat frequencies (requires compatible third-party hardware)
• iOS and Android mobile applications with native playback and offline download support

3. User Accounts

To access certain features of the Service, you must create an account. You may register using:

• Email and Password: Traditional account creation with email verification
• Sign in with Apple: Use your Apple ID for quick registration (iOS and web)
• Sign in with Google: Use your Google account for quick registration

By creating an account, you agree to:

• Provide accurate, current, and complete information during registration
• Maintain and promptly update your account information
• Maintain the security of your password and accept all risks of unauthorized access
• Notify us immediately if you discover any security breaches
• Be at least 13 years of age (or the minimum age in your jurisdiction)

You are responsible for all activities that occur under your account. We reserve the right to suspend or terminate accounts that violate these Terms. If you use third-party sign-in (Apple or Google), your account is also subject to their respective terms of service.

4. Subscription and Payment

4.1 Free and Premium Tiers

The Gateway Experience offers free and premium tiers. Subscribing to premium unlocks all sessions and features.

The free tier includes the first lesson free. The Premium subscription ($19.99/month) provides full access to all sessions and features.

4.2 Billing and Auto-Renewal

IMPORTANT: YOUR PREMIUM SUBSCRIPTION WILL AUTOMATICALLY RENEW EACH MONTH AT THE THEN-CURRENT PRICE ($19.99/MONTH AT LAUNCH) UNTIL YOU CANCEL. YOU WILL BE CHARGED ON THE SAME DATE EACH MONTH. YOU MAY CANCEL AT ANY TIME BEFORE YOUR NEXT RENEWAL DATE TO AVOID BEING CHARGED.

Premium subscriptions are billed monthly in advance. Payment processing depends on your platform:

• Web: Payments are processed securely through Stripe
• iOS App: Payments are processed through Apple App Store In-App Purchases, subject to Apple's terms and conditions
• Android App: Payments are processed through Google Play Billing, subject to Google's terms and conditions

By subscribing, you authorize the applicable payment processor to charge your payment method on a recurring basis. Subscriptions purchased through iOS or Android are managed by Apple or Google respectively, and their refund policies apply.

4.3 Cancellation and Refunds

You may cancel your subscription at any time. The cancellation process depends on where you subscribed:

• Web (Stripe): Cancel through the "Manage Billing" portal in your account settings
• iOS: Cancel through Settings → Apple ID → Subscriptions on your Apple device
• Android: Cancel through Google Play Store → Subscriptions on your Android device

Upon cancellation:

• Your subscription will remain active until the end of the current billing period
• You will retain access to Premium features until the period ends
• Your account page will display the exact date when your access ends
• No refunds are provided for partial billing periods (contact Apple or Google for App Store refund requests)
• Your account will automatically revert to the free tier after the subscription ends
• Tracks longer than 1 minute in your library will become locked (playable only with Premium)

4.4 Price Changes

We reserve the right to modify subscription prices. You will be notified at least 30 days before any price change takes effect for your subscription.

4.5 Usage and Access

Free tier users receive access to the first lesson (Wave I orientation) at no cost. Premium subscribers ($19.99/month) receive full access to all sessions and features.

We reserve the right to modify these access tiers with reasonable notice.

5. Custom Playlist Services

5.1 Overview

The Gateway Experience offers Custom Playlist Services ("Custom Services"), a bespoke offering where a dedicated sound designer composes original meditation and focus tracks tailored to your specifications. Custom Services are separate from the standard self-service platform and are governed by the additional terms in this section.

5.2 Engagement Process

Custom Services begin with an inquiry submitted through our website or mobile application. Submitting an inquiry does not create a binding agreement or obligation to purchase. After reviewing your inquiry, a member of our team will contact you to discuss your project. A Custom Services engagement is only confirmed when both parties agree to a written scope of work and payment terms ("Custom Services Agreement").

5.3 Pricing and Payment

Custom Services pricing is determined on a per-project basis and communicated during your consultation. Unless otherwise agreed in writing:

• A 50% deposit is required before work begins
• The remaining 50% is due upon delivery of the final tracks
• Payment is processed via invoice (Stripe, bank transfer, or other agreed method)
• All prices are in USD unless otherwise specified

5.4 Delivery and Revisions

Estimated delivery timelines are provided as good-faith estimates and are not guaranteed. The number of revision rounds included will be specified in your Custom Services Agreement. Additional revisions beyond the agreed scope may incur additional fees.

5.5 Intellectual Property for Custom Services

Upon full payment, you receive a non-exclusive license to use the delivered tracks for the purposes specified in your Custom Services Agreement (e.g., personal use, organizational use, or white-label distribution). Graverholt Unlimited and its sound designers retain the underlying composition rights unless explicitly transferred in writing. You may not resell, sublicense, or redistribute custom tracks beyond the agreed scope without written permission.

5.6 Cancellation and Refunds

• Before work begins: You may cancel for a full refund of any deposit paid
• After work begins: The deposit is non-refundable as it covers the sound designer's time and resources already committed
• Failure to deliver: If we are unable to deliver the agreed tracks within a reasonable timeframe, you are entitled to a full refund
• Dissatisfaction: We work with you through the revision process to ensure satisfaction. If the final deliverables do not materially match the agreed scope, we will either revise at no charge or issue a partial refund at our discretion

5.7 Confidentiality

Information shared during the Custom Services process (including business details, brand information, and project requirements) will be treated as confidential and will not be shared with third parties without your consent, except as required to deliver the service (e.g., sharing project briefs with your assigned sound designer).

6. Intellectual Property

6.1 Our Content

The Service, including its software, design, text, graphics, logos, and audio processing technology, is owned by or licensed to Graverholt Unlimited and is protected by intellectual property laws. You may not copy, modify, distribute, or reverse engineer any part of the Service without our written consent.

6.2 Created Content

Audio tracks created through the Service are provided for your personal, non-commercial use. You receive a limited, non-exclusive license to:

• Listen to and download tracks for personal meditation and relaxation
• Store tracks in your personal library

Audio Storage: Generated audio tracks are stored in cloud storage for up to 180 days from creation. Tracks not accessed for 30 days may be moved to cost-efficient archival storage. After 180 days, audio files are automatically removed from our servers. You may download tracks at any time while they are available, or re-generate them with an active subscription. Pre-rendered sample tracks (free tier) are retained indefinitely.

Local Device Storage: To improve your experience and enable offline listening, the mobile application may automatically save tracks to your device after you play them, provided you are connected to Wi-Fi. This "auto-save" feature is enabled by default and only operates over Wi-Fi to avoid using your mobile data. Locally saved tracks play from your device without requiring an internet connection or additional data transfer. You can disable auto-save, view storage usage, or clear all saved tracks at any time from the Storage & Offline section in your Account settings. Local storage is capped at a configurable limit (default 2 GB) and the oldest tracks are automatically removed when the limit is reached.

You may NOT use created tracks for commercial purposes, redistribute them, or claim ownership of the underlying compositions without explicit written permission.

6.2.1 Uploaded Content (Binaural Infusion)

When you use the Binaural Infusion feature to upload your own audio files or import audio from external sources:

• You retain all rights to your original uploaded audio
• You grant us a limited license to process your audio through our DSP pipeline solely to provide the Service
• We do not use, share, sell, or distribute your uploaded audio for any purpose other than processing your request
• Processed (infused) tracks are stored in your personal library and are subject to the same terms as other created content
• You represent and warrant that you own or have obtained all necessary rights, licenses, and permissions to upload and process the audio file, and that it does not infringe on any third-party copyrights, trademarks, or other intellectual property rights
• You are solely responsible for ensuring that your use of uploaded or imported audio complies with all applicable copyright laws and licensing agreements
• Infused tracks are available for in-app playback and may be downloaded for personal, non-commercial use only where the platform supports it
• We reserve the right to remove content that violates these Terms or applicable law without prior notice
• You agree to indemnify and hold harmless Graverholt Unlimited from any claims, damages, or liabilities arising from your upload of copyrighted or unauthorized content

Upload Consent: Before uploading audio for the first time in each session, you will be presented with an upload permission confirmation dialog. By clicking "I Confirm & Continue," you acknowledge that you have read and agree to the terms in this section and accept full responsibility for the content you upload.

6.2.2 YouTube Audio Import

The Binaural Infusion feature may include the ability to import audio from YouTube videos for processing. This feature is subject to the following additional terms:

• Personal Use Only: You may only import audio from YouTube videos that you have created, that are licensed under Creative Commons, or for which you have obtained explicit permission from the copyright holder. Importing copyrighted music, podcasts, or other protected content without authorization is strictly prohibited
• Your Responsibility: We do not verify the copyright status of YouTube content. You are solely responsible for ensuring that your use of the YouTube import feature complies with all applicable copyright laws, YouTube's Terms of Service, and any third-party rights
• No Commercial Use: Audio imported from YouTube and processed through Binaural Infusion is for personal, non-commercial use only. You may not redistribute, sell, or publicly perform imported content
• DMCA Compliance: We comply with the Digital Millennium Copyright Act (DMCA). If we receive a valid DMCA takedown notice regarding content you have imported, we will remove the content and may suspend or terminate your account
• Duration Limits: YouTube audio extraction is limited to videos of 30 minutes or less and resulting files of 50MB or less
• Temporary Processing: YouTube audio is temporarily downloaded for processing purposes only. Source files are deleted immediately after processing. Only the final infused track is stored in your library
• Indemnification: You agree to indemnify and hold harmless Graverholt Unlimited, its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including attorney's fees) arising from your use of the YouTube import feature, including any copyright infringement claims
• Service Availability: The YouTube import feature depends on third-party services and may be modified, limited, or discontinued at any time without notice

BY USING THE YOUTUBE IMPORT FEATURE, YOU ACKNOWLEDGE THAT YOU UNDERSTAND AND ACCEPT FULL LEGAL RESPONSIBILITY FOR THE CONTENT YOU IMPORT AND PROCESS THROUGH THE SERVICE.

6.3 Music Content and Licensing

Music tracks in our library are professionally produced and licensed from ZenMix.io. Regarding our content:

• Base music tracks are created by professional composers and licensed for use in our Service
• We add custom binaural beat overlays and audio processing to create your personalized meditation experience
• Track processing may take a few moments depending on duration and server load
• Binaural beat frequencies and journey profiles are based on general research but individual results may vary
• All music styles including Terra, Dreamscape, and others are professionally produced and licensed

Music Attribution: Base meditation music powered by ZenMix.io. Copyright © ZENMix.io by Jens Boje and its composers. Used under commercial license.

7. Service Availability and Processing

Track creation is processed on cloud servers and may be subject to:

• Variable processing times based on track duration and server capacity
• Occasional service interruptions for maintenance or updates
• Job recovery mechanisms that may restart processing if interrupted
• Automatic timeout after 30 minutes to prevent excessive resource usage

We employ job persistence technology to recover from temporary interruptions, but cannot guarantee that all jobs will complete successfully. Failed jobs will be marked accordingly in your library.

8. Health and Medical Disclaimer

IMPORTANT: THE SERVICE IS NOT A MEDICAL DEVICE AND IS NOT INTENDED TO DIAGNOSE, TREAT, CURE, OR PREVENT ANY DISEASE OR MEDICAL CONDITION.

The meditation music, binaural beats, and binaural journey profiles provided through the Service are for relaxation and general wellness purposes only. You acknowledge and agree that:

• The Service is not a substitute for professional medical advice, diagnosis, or treatment
• You should consult with a healthcare professional before using binaural beats if you have epilepsy, seizure disorders, a pacemaker or heart condition, are pregnant, or have any neurological conditions
• You should not use the Service while driving, operating machinery, or performing activities requiring alertness
• Results from using meditation music and binaural beats may vary between individuals
• We make no guarantees regarding specific health outcomes or benefits
• If you experience any adverse effects, discontinue use immediately and consult a physician
• Binaural Journey profiles (e.g., "Sleep Induction," "Anxiety Relief," "Focus Session") are descriptive names based on intended use cases, not guaranteed medical outcomes
• Claims about brainwave states (Delta, Theta, Alpha, Beta) are based on general research literature and do not constitute medical claims
• The Service should not be used as a replacement for professional treatment of sleep disorders, anxiety disorders, ADHD, or any other medical condition

8.1 Binaural Beat Builder Warning

The Binaural Beat Builder (Premium feature) allows you to create custom binaural beat configurations with precise control over frequencies. Additional warnings apply:

• Headphones Required: Binaural beats ONLY work when using stereo headphones. The effect requires different frequencies to be delivered to each ear separately.
• Custom Frequencies: When creating custom beat frequencies, you are responsible for ensuring the frequencies you select are appropriate for your personal use. Very low frequencies (below 1 Hz) or very high frequencies (above 30 Hz) should be used with caution.
• Intensity Levels: High intensity settings may cause discomfort, headaches, or other adverse effects. Start with lower intensity levels and increase gradually.
• Scheduled Journeys: Multi-segment binaural journeys that transition between different brainwave states may have stronger effects than fixed frequencies. Allow adequate time to return to a normal alert state before driving or operating machinery.
• Extended Sessions: Prolonged exposure to binaural beats (especially at high intensity) is not recommended. Take regular breaks during extended listening sessions.
• Individual Sensitivity: Some individuals may be more sensitive to binaural beat frequencies. If you experience dizziness, nausea, disorientation, or any discomfort, stop immediately.
• Not for Children: Custom binaural beat configurations should not be used by children under 18 without parental supervision and medical consultation.
• Saved Presets: Custom presets you create and save are your responsibility. We do not validate custom configurations for safety or efficacy.

8.2 LED Headset & Photic Stimulation Warning

IMPORTANT: THE LED HEADSET FEATURE USES FLASHING/STROBING LIGHT (PHOTIC STIMULATION) THAT MAY TRIGGER SEIZURES IN PEOPLE WITH PHOTOSENSITIVE EPILEPSY OR OTHER PHOTOSENSITIVE CONDITIONS. IF YOU OR ANYONE IN YOUR FAMILY HAS A HISTORY OF EPILEPSY, SEIZURES, OR PHOTOSENSITIVE CONDITIONS, DO NOT USE THIS FEATURE WITHOUT FIRST CONSULTING YOUR PHYSICIAN.

The LED Headset feature is an optional accessory integration that synchronizes light patterns with binaural beat frequencies. This feature is inspired by peer-reviewed neuroscience research on photic entrainment but is not a medical device and makes no medical claims. By using this feature, you acknowledge and agree to the following:

• Photosensitive Epilepsy: Flashing lights at certain frequencies (particularly in the 8-25 Hz range) are a known trigger for photosensitive seizures. Do not use the LED Headset if you have been diagnosed with photosensitive epilepsy, any seizure disorder, or if you have a family history of epilepsy.
• Medical Conditions: Consult a healthcare professional before use if you have a pacemaker or heart condition, are pregnant, are taking photosensitizing medication (e.g., certain antibiotics, antidepressants, or anti-seizure medications), or have a history of migraines triggered by light.
• Do Not Use While Driving: Never use the LED Headset while driving, operating machinery, or performing any activity that requires full visual attention or alertness.
• Discontinue If Uncomfortable: Stop using the LED Headset immediately if you experience any discomfort, dizziness, nausea, visual disturbances, involuntary muscle movements, or any unusual sensations. Seek medical attention if symptoms persist.
• Age Restriction: The LED Headset feature should not be used by children under 18 without parental supervision and prior medical consultation.
• Frequency and Intensity Limits: The LED Headset operates within a frequency range of 1-40 Hz with duty cycle limits of 5-50%. These parameters are based on published clinical research on photic stimulation safety. Do not attempt to modify or bypass these limits.
• Third-Party Hardware: The Gateway Experience does not manufacture LED headset hardware. We provide software integration only. The Gateway Experience is an independent product and is not manufactured by, affiliated with, endorsed by, or sponsored by the makers of any compatible headset devices. All third-party product names, trademarks, and trade names are the property of their respective owners and are used solely to identify compatible products. Hardware safety, electrical compliance, and product liability are the sole responsibility of the headset manufacturer. Graverholt Unlimited is not responsible for any defects, malfunctions, or injuries arising from third-party hardware. Compatibility is provided as a convenience feature and may change without notice if third-party hardware manufacturers update their products.
• No Medical Claims: The LED Headset feature is for general wellness purposes only. References to "brainwave entrainment," "photic stimulation," or specific frequency effects (e.g., gamma therapy) are based on published research and do not constitute medical claims, diagnoses, or treatment recommendations.
• Assumption of Risk: You voluntarily choose to use the LED Headset feature and assume all risks associated with photic stimulation, including but not limited to the risk of seizures, headaches, visual disturbances, and discomfort.

BY USING THE SERVICE, INCLUDING THE LED HEADSET AND PHOTIC STIMULATION FEATURES, YOU ASSUME ALL RISKS ASSOCIATED WITH THE USE OF MEDITATION AUDIO, BINAURAL BEAT FREQUENCIES, PHOTIC STIMULATION, AND RELATED AUDIO-VISUAL TECHNOLOGIES. YOU RELEASE GRAVERHOLT UNLIMITED AND ITS AFFILIATES FROM ANY LIABILITY ARISING FROM YOUR USE OF THESE FEATURES, INCLUDING ANY INJURIES OR ADVERSE EFFECTS RESULTING FROM PHOTIC STIMULATION OR LED HEADSET USE.

9. Acceptable Use

You agree not to:

• Use the Service for any unlawful purpose
• Attempt to gain unauthorized access to any part of the Service
• Interfere with or disrupt the Service or servers
• Use automated systems to access the Service without permission
• Resell, sublicense, or commercially exploit the Service
• Circumvent any access restrictions or usage limits
• Use the Service to create content that infringes third-party rights

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED
• WE DISCLAIM ALL WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT
• WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
• OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE PAST 12 MONTHS
• WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE

11. Indemnification

You agree to indemnify, defend, and hold harmless Graverholt Unlimited, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from your use of the Service, violation of these Terms, or infringement of any third-party rights.

12. Privacy and Data Protection

Your use of the Service is also governed by our Privacy Policy, which describes how we collect, use, and protect your personal information. By using the Service, you consent to our data practices as described in the Privacy Policy.

12.1 GDPR Compliance (EU/EEA Users)

If you are located in the European Union, European Economic Area, or United Kingdom, you have additional rights under the General Data Protection Regulation (GDPR):

• Right of Access (Article 15): You may request a copy of all personal data we hold about you
• Right to Rectification (Article 16): You may request correction of inaccurate personal data
• Right to Erasure (Article 17): You may request deletion of your personal data, subject to legal retention requirements
• Right to Data Portability (Article 20): You may request your data in a machine-readable format
• Right to Object (Article 21): You may object to processing of your personal data for marketing purposes
• Right to Withdraw Consent: You may withdraw consent for marketing communications at any time

To exercise these rights, use the tools in your Account Settings or contact us at josh@graverholtunlimited.com. We will respond to verified requests within 30 days as required by law.

12.2 Data Retention

Active accounts: Audio tracks are retained for up to 180 days from creation. Tracks inactive for 30+ days are moved to archival storage. After 180 days, audio files are automatically deleted. Track metadata (title, duration, settings) is retained while your account is active. Pre-rendered sample tracks are retained indefinitely.

Deleted accounts: When you delete your account, we will remove or anonymize your personal data. However, we are legally required to retain certain data for compliance purposes:

• Financial Records (7 years): Transaction history, payment records, and invoices as required by tax and accounting regulations
• Fraud Prevention: Hashed identifiers to prevent abuse and protect against fraudulent account creation
• Legal Obligations: Data required to comply with legal proceedings, court orders, or government requests
• Anonymized Analytics: Aggregated, non-identifiable usage statistics for service improvement

Retained data is stored securely with restricted access and is not used for marketing or profiling purposes.

12.3 California Privacy Rights (CCPA)

If you are a California resident, you have additional rights under the California Consumer Privacy Act:

• Right to know what personal information is collected, used, shared, or sold
• Right to delete personal information held by businesses
• Right to opt-out of sale of personal information (Note: We do not sell personal information)
• Right to non-discrimination for exercising CCPA rights

13. Marketing Communications

13.1 Consent to Marketing

By creating an account, you consent to receive marketing communications from Graverholt Unlimited, including:

• Product updates and new feature announcements
• Meditation tips, wellness content, and usage recommendations
• Special offers, promotions, and discounts
• Surveys and requests for feedback
• Newsletter and educational content

This consent is provided in accordance with applicable laws including CAN-SPAM (US), CASL (Canada), and ePrivacy regulations (EU/UK). You acknowledge that marketing consent is provided as part of account creation and is disclosed in these Terms.

13.2 Opting Out of Marketing

You may opt out of marketing communications at any time through:

• Account Settings: Toggle the "Marketing Emails" option in your Privacy & Data settings
• Unsubscribe Links: Click the unsubscribe link in any marketing email
• Direct Request: Email josh@graverholtunlimited.com with subject "Unsubscribe"

Opting out of marketing communications does not affect transactional emails, which include:

• Account verification and security alerts
• Password reset emails
• Payment confirmations and receipts
• Subscription status changes
• Important service announcements and Terms updates

13.3 Marketing Data Usage

Your marketing consent status is tracked and timestamped in our systems. We maintain records of consent changes for compliance purposes. Your marketing preferences do not affect your ability to use the Service. We do not share your email address with third parties for their marketing purposes.

14. Termination and Account Deletion

14.1 Termination by Us

We may suspend or terminate your access to the Service at any time for violation of these Terms or for any other reason with reasonable notice. Upon termination:

• Your right to use the Service will immediately cease
• We may delete your account and associated data
• If you have an active paid subscription and we terminate your account without cause, you will receive a prorated refund for the unused portion of your current billing period
• Provisions that should survive termination (such as limitations of liability, indemnification, and dispute resolution) will remain in effect

14.2 Account Deletion by You

You may delete your account at any time through the Account Settings page. When you delete your account:

• Your personal data will be removed or anonymized in accordance with our Privacy Policy
• Your tracks and library will be permanently deleted
• Custom binaural presets will be permanently deleted
• You will no longer be able to access the Service with that account

14.3 Subscriptions and Account Deletion

Important: Deleting your account does NOT automatically cancel your subscription. You must cancel your subscription separately before or after deleting your account:

• Web (Stripe): Subscriptions are automatically scheduled for cancellation when you delete your account. Access continues until the end of the billing period.
• iOS (App Store): You must cancel your subscription through Settings → Apple ID → Subscriptions on your Apple device. Apple will continue charging you if you don't cancel separately.
• Android (Google Play): You must cancel your subscription through Google Play Store → Subscriptions. Google will continue charging you if you don't cancel separately.

We cannot cancel App Store or Google Play subscriptions on your behalf. If you delete your account without canceling your mobile subscription, you will need to request a refund directly from Apple or Google.

15. Dispute Resolution

15.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law provisions.

15.2 Arbitration

Any dispute arising from these Terms or your use of the Service shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall take place in California, and the arbitrator's decision shall be final and binding.

EU/EEA/UK Exception: If you are a consumer residing in the European Union, European Economic Area, or United Kingdom, this arbitration clause does not apply to you. You retain the right to bring claims in the courts of your country of residence in accordance with applicable consumer protection laws.

15.3 30-Day Opt-Out

You may opt out of the arbitration agreement by sending written notice to josh@graverholtunlimited.com within 30 days of creating your account. Your notice must include your name, email address, and a clear statement that you wish to opt out of arbitration. If you opt out, you and Graverholt Unlimited agree to resolve disputes exclusively in the state or federal courts located in California.

15.4 Class Action Waiver

You agree that any disputes will be resolved on an individual basis, and you waive the right to participate in any class action or representative proceeding. This waiver does not apply to residents of jurisdictions where class action waivers are prohibited by law.

16. General Provisions

• Entire Agreement: These Terms constitute the entire agreement between you and Graverholt Unlimited regarding the Service.
• Severability: If any provision is found unenforceable, the remaining provisions will continue in effect.
• Waiver: Failure to enforce any right or provision does not constitute a waiver of that right.
• Assignment: You may not assign these Terms without our consent. We may assign our rights and obligations without restriction.
• Force Majeure: We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to natural disasters, acts of government, pandemic, internet or infrastructure failures, or third-party service outages.
• Electronic Communications: By creating an account, you consent to receive communications from us electronically (email, in-app notifications, website postings). You agree that all agreements, notices, and disclosures provided electronically satisfy any legal requirement that such communications be in writing.
• Export Compliance: You agree not to use the Service in violation of any applicable export laws or regulations of the United States or any other country.

17. Apple App Store Terms

The following terms apply to your use of the Service through the Apple App Store:

• Acknowledgment: These Terms are between you and Graverholt Unlimited only, and not with Apple Inc. ("Apple"). Graverholt Unlimited, not Apple, is solely responsible for the Service and its content.
• Scope of License: The license granted to you for the Service is limited to a non-transferable license to use the Service on any Apple-branded products that you own or control, as permitted by the Usage Rules set forth in the Apple Media Services Terms of Service.
• Maintenance and Support: Graverholt Unlimited is solely responsible for providing any maintenance and support services for the Service. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Service.
• Warranty: In the event of any failure of the Service to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the Service to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Service.
• Product Claims: Graverholt Unlimited, not Apple, is responsible for addressing any claims relating to the Service or your possession and/or use of the Service, including but not limited to: (i) product liability claims; (ii) any claim that the Service fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation.
• Intellectual Property Claims: In the event of any third-party claim that the Service or your possession and use of the Service infringes that third party's intellectual property rights, Graverholt Unlimited, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.
• Third-Party Beneficiary: Apple, and Apple's subsidiaries, are third-party beneficiaries of these Terms. 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 thereof.
• Legal Compliance: You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

18. Google Play Terms

The following terms apply to your use of the Service through Google Play:

• Acknowledgment: These Terms are between you and Graverholt Unlimited only, and not with Google LLC ("Google"). Graverholt Unlimited, not Google, is solely responsible for the Service and its content.
• Google Play Terms: Your use of the Service through Google Play is also subject to the Google Play Terms of Service.
• Subscriptions: Subscriptions purchased through Google Play are managed by Google and subject to Google's refund policies. You must cancel through Google Play to stop recurring charges.

19. Video Credits

Background videos used in the meditation player are sourced from Pexels under their free license (free for commercial use, no attribution required). We credit the original artists as a courtesy:

• Dmitry Marchenkov — Candle in the Dark
• Pixabay — Aurora Borealis, Deep Space, Forest Stream
• Frank Cone — Cosmos Journey
• Magda Ehlers — Jellyfish Glow
• Pabitra Sarkar — Candlelight Glow
• Wayne Speedy — Rain at Night

Full video sources are listed in-app on the player screen.

20. Contact Us

If you have any questions about these Terms, please contact us at:

Email: josh@graverholtunlimited.com