Terms of Service

Acceptance of terms

These Terms of Service ("Terms") constitute a legally binding agreement between you and Harmonic ("we", "our", or "us") governing your access to and use of the Harmonic website, mobile applications, and related services (collectively, the "Services").

By creating an account, downloading the app, or otherwise using the Services, you agree to be bound by these Terms and our Privacy Policy. If you are using the Services on behalf of an organization, you represent that you have authority to bind that organization.

If you do not agree to these Terms, you may not access or use the Services. We reserve the right to update these Terms at any time, and your continued use of the Services after changes are posted constitutes acceptance of the revised Terms.

Eligibility and accounts

You must be at least 13 years old, or the minimum age of digital consent in your jurisdiction, to use the Services. By using the Services, you represent and warrant that you meet this eligibility requirement.

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized access or use of your account.

We reserve the right to suspend or terminate accounts that violate these Terms, that are inactive for an extended period, or that we reasonably believe present a security risk.

License to use the services

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for personal, non-commercial purposes.

You may not reproduce, modify, distribute, sell, lease, reverse-engineer, decompile, or create derivative works of the Services or any content made available through them, except as expressly permitted by law or with our prior written consent.

Acceptable use

You agree not to use the Services to:

• Violate any applicable law, regulation, or third-party rights.
• Interfere with or disrupt the integrity, security, or performance of the Services or related systems.
• Attempt to gain unauthorized access to the Services, user accounts, or underlying systems.
• Use automated means, such as bots or scrapers, to access or collect data from the Services without authorization.
• Redistribute, resell, or publicly perform any audio content available through the Services without a separate license.
• Harass, abuse, or harm other users or third parties.

User content

The Services may allow you to create, upload, or save content such as playlists, favorites, and preferences. You retain ownership of any content you create. By submitting content, you grant us a non-exclusive, royalty-free license to use, store, and display that content solely for the purpose of operating and improving the Services.

You are solely responsible for the content you submit, and you represent that you have all necessary rights to grant the license above and that your content does not violate these Terms or any third-party rights.

Subscriptions and payments

Certain features of the Services may require a paid subscription. Subscriptions are billed on a recurring basis (monthly or annually, depending on the plan selected) through the applicable app store or payment processor.

Your subscription will automatically renew unless cancelled before the renewal date. You can cancel at any time through your account settings or the app store through which you subscribed. Cancellations take effect at the end of the current billing period, and no refunds will be provided for partial periods unless required by law.

We may change subscription fees or introduce new fees upon reasonable notice. Price changes will take effect at the next billing period after the notice is provided.

Intellectual property

All intellectual property rights in the Services, including but not limited to software, audio content, trademarks, logos, text, graphics, and designs, are owned by Harmonic or its licensors. These Terms do not transfer any ownership rights to you.

The audio content available through the Services is licensed for personal listening only and may not be copied, distributed, publicly performed, or used in commercial productions without a separate written agreement.

Health and safety disclaimer

The Services are a wellness and lifestyle product, not a medical device. They are not intended to diagnose, treat, cure, or prevent any disease or medical condition.

Do not use the Services while driving, operating machinery, or in any situation where impaired alertness could cause injury. If you have epilepsy, a pacemaker, a hearing condition, are pregnant, or have any other medical concern, consult a qualified healthcare professional before using the Services.

You acknowledge that listening to binaural beats or audio at high volumes may carry health risks, and you agree to use the Services responsibly and at a comfortable volume level.

Termination

You may stop using the Services at any time. You may also delete your account through the app or by contacting us. Upon termination, your right to access the Services will immediately cease, and any content associated with your account may be deleted in accordance with our Privacy Policy.

We may suspend or terminate your access to the Services at any time, with or without notice, for conduct that we believe violates these Terms or is otherwise harmful to the Services or other users.

Provisions that by their nature should survive termination shall survive, including but not limited to intellectual property rights, disclaimers, indemnification, and limitation of liability.

Disclaimer of warranties

The Services are provided on an "as is" and "as available" basis without warranties of any kind, either express or implied. To the fullest extent permitted by law, we disclaim all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, and uninterrupted or error-free service.

We do not warrant that the Services will meet your requirements, that defects will be corrected, or that the Services will be secure, timely, or available at all times.

Limitation of liability

To the maximum extent permitted by applicable law, Harmonic and its officers, directors, employees, agents, and affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, or goodwill, arising out of or in connection with your use of or inability to use the Services.

In no event shall our total liability for all claims relating to the Services exceed the greater of (a) the amount you paid to us in the twelve months preceding the claim, or (b) one hundred U.S. dollars (USD 100).

Indemnification

You agree to indemnify, defend, and hold harmless Harmonic and its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or in connection with your use of the Services, your content, or your violation of these Terms.

Governing law and disputes

These Terms shall be governed by and construed in accordance with the laws of the jurisdiction in which Harmonic is established, without regard to its conflict of law provisions.

Any dispute arising from or relating to these Terms or the Services shall be resolved exclusively through binding arbitration or in the courts located in the jurisdiction in which Harmonic is established, and you consent to the personal jurisdiction of such courts.

Changes to these terms

We may modify these Terms from time to time. Material changes will be posted on the Services with an updated effective date, and we may notify you by email or through the app. Your continued use of the Services after the effective date of the revised Terms constitutes your acceptance of the changes.

Contact us

If you have any questions about these Terms, please contact us at legal@harmonic.app.