Terms of Service - CosmosTune

Last Updated: 27 October 2025

1. ACCEPTANCE OF TERMS

Welcome to CosmosTune ("we", "us", "our", "the App", "the Service"). By accessing or using the CosmosTune mobile application, you ("User", "you", "your") agree to be bound by these Terms and Conditions ("Terms", "Agreement"). If you do not agree to all the terms and conditions of this Agreement, you must not access or use the Service.

These Terms constitute a legally binding agreement between you and CosmosTune, trading as “XPRESS CODERS LTD” with registered office at 27 Old Gloucester Street, London, WC1N 3AX and registered number 13531927. By downloading, installing, accessing, or using our App, you acknowledge that you have read, understood, and agree to be bound by these Terms.

IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE SERVICE.

2. CHANGES TO TERMS

We reserve the right, at our sole discretion, to modify, alter, or update these Terms at any time without prior notice. Any changes will be effective immediately upon posting the revised Terms in the App or on our website. Your continued use of the Service following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page regularly so you are aware of any changes, as they are binding on you.

3. ELIGIBILITY AND AGE RESTRICTIONS

3.1 Minimum Age Requirements by Jurisdiction

The Service has varying minimum age requirements depending on your country of residence. By using the Service, you represent and warrant that you meet the minimum age requirement for your jurisdiction:

MINIMUM AGE 13 YEARS: United States, United Kingdom, Denmark, Finland, Belgium, Norway, Portugal, Sweden, Saudi Arabia, UAE, Egypt

MINIMUM AGE 14 YEARS: Austria, Spain, Italy, South Korea, China

MINIMUM AGE 15 YEARS: Greece, France

MINIMUM AGE 16 YEARS: Germany, Netherlands, Poland, Switzerland

MINIMUM AGE 18 YEARS: Canada, Australia, Brazil, India, Israel, Russia, Mexico, Japan (or age of majority in your jurisdiction)

If you are under the required minimum age for your jurisdiction, you MUST NOT use the Service without verifiable parental or legal guardian consent.

3.2 Parental Consent for Minors

For users between the minimum age and 18 years old:

You may only use the Service with the involvement, supervision, and express consent of a parent or legal guardian
Your parent or legal guardian must review and agree to these Terms on your behalf
Your parent or legal guardian is responsible for your use of the Service and any charges incurred
We may require verification of parental consent before allowing access to certain features

3.3 General Eligibility Requirements

By using the Service, you further represent and warrant that:

You have the legal capacity to enter into this binding Agreement under the laws of your jurisdiction
You are not prohibited from using the Service under the laws of your jurisdiction
All registration information you submit is truthful and accurate
You will maintain the accuracy of such information
You comply with all applicable laws and regulations in your jurisdiction

4. DESCRIPTION OF SERVICE

CosmosTune is a digital wellness and personal development application that provides audio-based affirmations, mindfulness content, and related features designed for mindset transformation, education and entertainment purposes.

4.1 Service Features

The Service includes, but is not limited to:

Access to 4,200+ audio affirmation tracks containing 100,000+ affirmations
Multi-layer audio playback technology (up to 10 simultaneous layers for Premium users)
Personal voice recording capabilities
7 mental state categories (Sleep, Focus, Meditate, Play, Connect, Learn, Relax)
Progress tracking and analytics
Custom playlist creation
Offline listening capabilities
Multi-language support
Background audio playback

4.2 Free and Premium Features

Certain features of the Service are provided free of charge ("Free Features"), whilst other features require a paid subscription ("Premium Features"). We reserve the right to modify, change, or discontinue any Free or Premium Features at any time without notice or liability.

5. IMPORTANT DISCLAIMERS

5.1 MEDICAL DISCLAIMER

THIS DISCLAIMER IS CRITICAL. PLEASE READ CAREFULLY.

THE SERVICE IS NOT A MEDICAL DEVICE, MEDICAL APPLICATION, OR HEALTHCARE SERVICE. THE CONTENT PROVIDED THROUGH THE SERVICE IS FOR INFORMATIONAL, EDUCATIONAL, AND ENTERTAINMENT PURPOSES ONLY AND IS NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT.

YOU MUST ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN, PSYCHIATRIST, PSYCHOLOGIST, OR OTHER QUALIFIED HEALTHCARE PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION, MENTAL HEALTH CONCERN, OR PHYSICAL HEALTH ISSUE.

NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ, HEARD, OR EXPERIENCED THROUGH THE SERVICE.

IF YOU THINK YOU MAY HAVE A MEDICAL OR MENTAL HEALTH EMERGENCY, CALL YOUR DOCTOR, GO TO THE NEAREST EMERGENCY DEPARTMENT, OR DIAL 999 (UK), 911 (USA), OR YOUR LOCAL EMERGENCY NUMBER IMMEDIATELY.

MEDITATION, AFFIRMATIONS, AND MINDFULNESS PRACTICES MAY NOT BE SUITABLE FOR EVERYONE AND MAY WORSEN CERTAIN PSYCHIATRIC CONDITIONS INCLUDING BUT NOT LIMITED TO POST-TRAUMATIC STRESS DISORDER (PTSD), SEVERE ANXIETY DISORDERS, PSYCHOSIS, SCHIZOPHRENIA, OR BIPOLAR DISORDER. CONSULT YOUR HEALTHCARE PROVIDER BEFORE BEGINNING ANY MEDITATION, AFFIRMATION, OR MINDFULNESS PROGRAMME.

THE SERVICE IS NOT INTENDED TO DIAGNOSE, TREAT, CURE, OR PREVENT ANY DISEASE OR MEDICAL CONDITION. WE ARE NOT A HEALTHCARE PROVIDER AND DO NOT PROVIDE MEDICAL, PSYCHIATRIC, PSYCHOLOGICAL, OR THERAPEUTIC SERVICES.

RELIANCE ON ANY INFORMATION PROVIDED BY THE SERVICE IS SOLELY AT YOUR OWN RISK.

5.2 NO GUARANTEES OR RESULTS

WE MAKE NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES REGARDING THE EFFECTIVENESS, RESULTS, OR OUTCOMES THAT MAY BE ACHIEVED THROUGH THE USE OF THE SERVICE.

RESULTS, IF ANY, WILL VARY FROM PERSON TO PERSON. INDIVIDUAL RESULTS DEPEND ON MANY FACTORS INCLUDING BUT NOT LIMITED TO YOUR DEDICATION, CONSISTENCY, MENTAL STATE, PHYSICAL HEALTH, LIFE CIRCUMSTANCES, AND OTHER VARIABLES BEYOND OUR CONTROL.

WE DO NOT GUARANTEE, WARRANT, OR PROMISE THAT YOU WILL ACHIEVE ANY SPECIFIC RESULTS, TRANSFORMATION, PHYSICAL CHANGE, MINDSET CHANGE, PERSONAL DEVELOPMENT, OR OTHER OUTCOME BY USING THE SERVICE.

ANY TIMELINES MENTIONED IN THE APP (SUCH AS "21 DAYS" OR "66 DAYS") ARE BASED ON GENERAL NEUROSCIENCE RESEARCH AND DO NOT CONSTITUTE A GUARANTEE OR PROMISE OF RESULTS FOR ANY INDIVIDUAL USER.

YOUR USE OF THE SERVICE IS ENTIRELY AT YOUR OWN RISK.

5.3 ENTERTAINMENT PURPOSE

THE CONTENT PROVIDED THROUGH THE SERVICE IS INTENDED FOR MINDSET TRANSFORMATION, PERSONAL DEVELOPMENT, WELLNESS, EDUCATION AND ENTERTAINMENT PURPOSES ONLY. NO HEALTH, MEDICAL, FITNESS, PSYCHOLOGICAL, PSYCHIATRIC, OR THERAPEUTIC ADVICE IS BEING OFFERED OR PROVIDED.

5.4 SUBLIMINAL AUDIO AND MULTI-LAYER CONTENT DISCLAIMER

THE SERVICE UTILISES MULTI-LAYER AUDIO TECHNOLOGY THAT MAY INCLUDE SUBLIMINAL AUDIO CONTENT, LAYERED AFFIRMATIONS, BINAURAL BEATS, ISOCHRONIC TONES, AND OTHER AUDIO DESIGNED TO OPERATE AT VARYING LEVELS OF CONSCIOUS AWARENESS.

WE MAKE ABSOLUTELY NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES REGARDING THE EFFECTIVENESS, SAFETY, OR OUTCOMES OF SUBLIMINAL AUDIO CONTENT, MULTI-LAYER AUDIO, OR ANY AUDIO-BASED TECHNIQUES USED IN THE SERVICE.

THE USE OF SUBLIMINAL AUDIO, MULTI-LAYER AUDIO, AND AUDIO-BASED MINDSET TECHNIQUES IS EXPERIMENTAL, NOT SCIENTIFICALLY PROVEN TO BE EFFECTIVE, AND IS PROVIDED FOR ENTERTAINMENT AND PERSONAL EXPLORATION PURPOSES ONLY.

SUBLIMINAL CONTENT IS NOT INTENDED TO DIAGNOSE, TREAT, CURE, OR PREVENT ANY CONDITION AND SHOULD NOT BE RELIED UPON FOR ANY MEDICAL, THERAPEUTIC, OR HEALTH-RELATED PURPOSE.

IF YOU HAVE ANY CONCERNS ABOUT SUBLIMINAL AUDIO CONTENT, MULTI-LAYER AUDIO, OR AUDIO-BASED TECHNIQUES, DO NOT USE THE SERVICE.

5.5 NOT A MEDICAL DEVICE OR HEALTHCARE SERVICE

THIS SERVICE IS NOT A MEDICAL DEVICE AS DEFINED BY THE U.S. FOOD AND DRUG ADMINISTRATION (FDA), THE UK MEDICINES AND HEALTHCARE PRODUCTS REGULATORY AGENCY (MHRA), OR ANY OTHER REGULATORY AUTHORITY.

WE ARE NOT A LICENSED MEDICAL CARE PROVIDER, HEALTHCARE SERVICE, MENTAL HEALTH PROVIDER, OR THERAPEUTIC SERVICE. WE DO NOT PROVIDE PSYCHOTHERAPY, COUNSELLING, PSYCHIATRIC TREATMENT, MEDICAL SUPERVISION, OR ANY REGULATED HEALTHCARE SERVICE.

NO DOCTOR-PATIENT, THERAPIST-CLIENT, PSYCHOLOGIST-PATIENT, COUNSELLOR-CLIENT, OR ANY OTHER PROFESSIONAL-CLIENT RELATIONSHIP IS CREATED BY YOUR USE OF THE SERVICE.

THE SERVICE DOES NOT REPLACE, SUBSTITUTE FOR, OR SUPPLEMENT PROFESSIONAL MEDICAL, PSYCHIATRIC, PSYCHOLOGICAL, OR THERAPEUTIC CARE.

5.6 FEDERAL TRADE COMMISSION (FTC) COMPLIANCE

WE COMPLY WITH U.S. FEDERAL TRADE COMMISSION (FTC) GUIDELINES REGARDING TRUTH IN ADVERTISING, HEALTH CLAIMS, AND CONSUMER PROTECTION.

ANY PRODUCT CLAIMS, USER TESTIMONIALS, OR SUCCESS STORIES ARE BASED ON INDIVIDUAL EXPERIENCES AND DO NOT REFLECT TYPICAL RESULTS. INDIVIDUAL RESULTS MAY VARY SIGNIFICANTLY AND MOST USERS MAY NOT ACHIEVE ANY RESULTS.

WE DO NOT MAKE MEDICAL CLAIMS, THERAPEUTIC CLAIMS, OR HEALTH CLAIMS THAT REQUIRE CLINICAL SUBSTANTIATION.

ANY TESTIMONIALS OR REVIEWS DISPLAYED IN THE SERVICE REPRESENT INDIVIDUAL EXPERIENCES ONLY AND ARE NOT ENDORSEMENTS, PROMISES, OR GUARANTEES OF RESULTS.

THE EFFECTIVENESS OF AFFIRMATIONS, SUBLIMINAL AUDIO, MULTI-LAYER AUDIO, AND MINDFULNESS PRACTICES HAS NOT BEEN EVALUATED OR APPROVED BY THE FDA, FTC, OR ANY REGULATORY AUTHORITY.

5.7 APPLE APP STORE HEALTH AND WELLNESS COMPLIANCE

APPLE APP STORE GUIDELINES COMPLIANCE:

This Service complies with Apple App Store Review Guidelines for health and wellness applications. Specifically:

NO MEDICAL DEVICE CLAIMS:

This app is not a medical device as defined by the FDA, MHRA, or any regulatory authority
The app has not been evaluated by any medical regulatory body
The app does not diagnose, treat, cure, or prevent any medical condition
The app is not a substitute for professional medical care

HEALTH DATA USAGE RESTRICTIONS: We do not use health, fitness, or wellness data for:

Advertising or marketing purposes
Third-party data mining or profiling
Building user profiles for non-health purposes
Any purpose other than providing the core app functionality

SUBLIMINAL AUDIO TRANSPARENCY REQUIREMENTS: For audio content containing subliminal messaging:

✅ Clear labeling indicating when subliminal content is present
✅ Option to disable subliminal audio volume in settings
✅ Explicit user consent required before accessing subliminal content
✅ Entertainment purpose clearly stated
✅ No medical or therapeutic claims made about subliminal effectiveness

BINAURAL BEATS AND FREQUENCY-BASED AUDIO SAFETY: Enhanced safety warnings for frequency-based audio content:

Not suitable for individuals with epilepsy or seizure disorders
Avoid use while driving, operating machinery, or engaging in activities requiring full attention
Not recommended for pregnant individuals or those with heart conditions/pacemakers
Parental supervision required for users under 18 years of age
Discontinue use immediately if you experience dizziness, nausea, or discomfort

RESEARCHKIT/CAREKIT/HEALTHKIT COMPLIANCE: We do not use Apple's ResearchKit, CareKit, or HealthKit frameworks. If we integrate these in the future:

We will request explicit user permission
Data will only be used for health/fitness purposes
We will not share HealthKit data with third parties without consent
We will update these Terms and our Privacy Policy accordingly

5.8 USE AT YOUR OWN RISK

YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SERVICE IS ENTIRELY AT YOUR OWN RISK AND THAT THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND.

YOU ASSUME ALL RISKS ASSOCIATED WITH USING THE SERVICE, INCLUDING BUT NOT LIMITED TO RISKS OF HEARING DAMAGE, PSYCHOLOGICAL HARM, ADVERSE REACTIONS, WORSENING OF MENTAL HEALTH CONDITIONS, PHYSICAL INJURY, OR ANY OTHER HARM.

6. ACCOUNT REGISTRATION AND SECURITY

6.1 Account Creation

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

Provide accurate, current, and complete information during registration
Maintain and promptly update your account information to keep it accurate, current, and complete
Maintain the security and confidentiality of your account credentials
Accept all responsibility for all activities that occur under your account
Notify us immediately of any unauthorised use of your account or any other breach of security

6.2 Account Termination by Company

We reserve the right to suspend or terminate your account and access to the Service at any time, with or without notice, for any reason or no reason, including but not limited to:

Violation of these Terms
Fraudulent, abusive, or illegal activity
Extended periods of inactivity
Requests by law enforcement or other government agencies
Technical or security issues
Nonpayment of any fees owed by you in connection with the Service

UPON TERMINATION FOR VIOLATION OF THESE TERMS, NO REFUND WILL BE PROVIDED FOR ANY UNUSED SUBSCRIPTION PERIOD.

6.3 Account Deletion by User

You may delete your account at any time through the App settings. Account deletion is permanent and irreversible. Upon deletion:

Your account information will be permanently deleted in accordance with our Privacy Policy
You will lose access to all Premium Features immediately
No refunds will be provided for any unused subscription period
All progress, playlists, and custom content will be permanently deleted

7. SUBSCRIPTION TERMS AND PAYMENTS

7.1 Subscription Plans

CosmosTune offers subscription-based access to Premium Features. Available subscription plans include:

Monthly Subscription: Billed monthly at the rate displayed in the App Store
Annual Subscription: Billed annually at the rate displayed in the App Store
Introductory Offers: Special promotional pricing may be available to eligible users

All prices are displayed in the App Store in your local currency and include applicable taxes.

7.2 Payment Processing by Apple

ALL SUBSCRIPTION PURCHASES, PAYMENTS, AND BILLING ARE PROCESSED EXCLUSIVELY BY APPLE INC. THROUGH THE APPLE APP STORE. WE DO NOT PROCESS, COLLECT, STORE, OR HANDLE ANY PAYMENT INFORMATION DIRECTLY.

By purchasing a subscription, you agree to Apple's Terms of Service and Apple Media Services Terms and Conditions, which govern all payment transactions. Your payment relationship is with Apple, not with CosmosTune.

7.3 Auto-Renewal

SUBSCRIPTIONS AUTOMATICALLY RENEW UNLESS AUTO-RENEWAL IS TURNED OFF AT LEAST 24 HOURS BEFORE THE END OF THE CURRENT SUBSCRIPTION PERIOD.

Your Apple/iTunes account will be charged for renewal within 24 hours prior to the end of the current subscription period. You can manage your subscription and turn off auto-renewal by going to your Apple/iTunes Account Settings after purchase. Turning off auto-renewal will not cancel your current subscription but will prevent future renewals.

7.4 Price Changes

We may change subscription prices at any time. Price changes will take effect at the start of the next subscription period following the date of the price change. We will notify you in advance of any price changes and provide you the opportunity to cancel your subscription before the price change takes effect. Your continued use of the Service after the price change constitutes your acceptance of the new price.

7.5 NO REFUND POLICY

ALL SUBSCRIPTION PURCHASES ARE FINAL. WE DO NOT ISSUE REFUNDS OR CREDITS FOR ANY PARTIAL SUBSCRIPTION PERIODS, UNUSED CONTENT, OR DISSATISFACTION WITH THE SERVICE.

REFUND REQUESTS MUST BE SUBMITTED DIRECTLY TO APPLE THROUGH THE APP STORE. WE HAVE NO CONTROL OVER APPLE'S REFUND DECISIONS, AND ALL REFUND DETERMINATIONS ARE MADE BY APPLE IN THEIR SOLE DISCRETION IN ACCORDANCE WITH APPLE'S REFUND POLICIES.

To request a refund from Apple, visit https://reportaproblem.apple.com/ or contact Apple Support directly.

BY SUBSCRIBING, YOU ACKNOWLEDGE AND AGREE THAT WE DO NOT PROVIDE REFUNDS AND THAT ALL REFUND REQUESTS MUST BE DIRECTED TO APPLE.

7.6 Cancellation

You may cancel your subscription at any time through your Apple/iTunes Account Settings. Cancellation will take effect at the end of the current billing period, and you will retain access to Premium Features until that time. No partial refunds will be provided for cancelled subscriptions.

7.7 Free Trials and Introductory Offers

We may offer free trials or introductory pricing for new subscribers. Eligibility for such offers is determined by Apple and may be limited to users who have not previously subscribed. Free trials will automatically convert to paid subscriptions unless cancelled at least 24 hours before the trial period ends. Introductory pricing is available only once per user and cannot be combined with other offers.

8. INTELLECTUAL PROPERTY RIGHTS

8.1 Ownership

The Service and all content, features, and functionality, including but not limited to all audio content, affirmations, scripts, music, sound recordings, voiceovers, background tracks, software, text, images, graphics, logos, user interface, visual interface, photographs, trademarks, service marks, designs, algorithms, source code, object code, data compilations, and the selection and arrangement thereof (collectively, the "Content") are owned by CosmosTune, our licensors, or other providers of such material and are protected by United Kingdom, United States, and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

8.2 Patents and Proprietary Technology

PATENT PENDING: Certain features of the Service, including but not limited to our multi-layer audio technology, neuroscience-backed affirmation delivery system, layering affirmation with other apps, personalised content algorithms, and audio processing methodologies, are the subject of pending patent applications. These proprietary technologies are protected under intellectual property laws and may not be copied, reverse-engineered, or used without our express written permission.

Our proprietary technologies, trade secrets, and confidential business methods are protected under applicable laws. Unauthorised use, disclosure, or exploitation of our proprietary technologies may result in legal action.

8.3 Trademarks

"CosmosTune" and our logos, names, and designs are registered and unregistered trademarks of CosmosTune. All rights reserved. You may not use, copy, imitate, or display any of our trademarks without our prior written consent.

Third-Party Trademarks: Apple, iPhone, iPad, iPod touch, iOS, and App Store are trademarks of Apple Inc., registered in the U.S. and other countries. Facebook and Instagram are trademarks of Meta Platforms, Inc. YouTube is a trademark of Google LLC. TikTok is a trademark of ByteDance Ltd. Spotify is a trademark of Spotify AB. All other trademarks, service marks, and trade names referenced in the Service are the property of their respective owners.

8.4 Copyright Protection

All audio content, including affirmations, background music, voiceovers, sound recordings, and audio files, are protected by copyright law. The Content is provided solely for your personal, non-commercial use as permitted by these Terms.

8.5 Limited Licence to Use Service

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable licence to access and use the Service and Content for your personal, non-commercial use only.

This licence does not include any right to:

Reproduce, distribute, display, sell, or commercially exploit the Content
Modify, adapt, translate, or create derivative works based on the Content
Reverse engineer, decompile, disassemble, or attempt to discover the source code of the Service
Remove, obscure, or alter any copyright, trademark, or other proprietary notices
Use the Service or Content for any commercial purpose
Use any automated means (including bots, scrapers, or data mining tools) to access the Service
Frame or mirror any part of the Service without our prior written consent
Use the Service in any manner that could damage, disable, overburden, or impair our servers or networks

8.6 Prohibited Content Use

You expressly agree that you shall NOT:

Record, copy, reproduce, download, or capture any audio content, affirmations, music, or sound recordings from the Service using any recording software, screen recording tools, audio capture devices, or any other means
Redistribute, share, upload, or publish any Content from the Service on any platform, website, social media, file-sharing service, or any other medium
Create derivative works from the Content, including remixes, mashups, compilations, or modifications
Sell, licence, rent, or transfer any Content to any third party
Use the Content for commercial purposes, including in videos, podcasts, advertisements, or any commercial project
Circumvent or disable any content protection, digital rights management (DRM), or security features
Extract, scrape, or data mine Content from the Service

VIOLATION OF THESE PROHIBITIONS WILL RESULT IN IMMEDIATE ACCOUNT TERMINATION WITHOUT REFUND AND MAY RESULT IN LEGAL ACTION, INCLUDING CLAIMS FOR COPYRIGHT INFRINGEMENT AND DAMAGES.

8.7 User-Generated Content

If you record personal voice affirmations or create custom playlists within the App:

You retain ownership of your voice recordings
You grant us a worldwide, non-exclusive, royalty-free, perpetual, irrevocable licence to use, reproduce, store, and process your voice recordings solely for the purpose of providing the Service to you
You represent and warrant that you own or have the necessary rights to grant this licence
You agree that we may store your voice recordings on our servers and third-party cloud storage services
You may delete your voice recordings at any time through the App

8.8 Enforcement and Legal Action

We take intellectual property infringement very seriously. Unauthorised use of our Content, trademarks, or proprietary technologies may result in:

Immediate account termination without refund
Civil litigation for copyright infringement, trademark infringement, or patent infringement
Claims for statutory damages, actual damages, and attorneys' fees
Criminal prosecution where applicable
Injunctive relief to prevent further infringement

We actively monitor for unauthorised use of our Content and will pursue all available legal remedies against infringers.

9. USER CONDUCT AND PROHIBITED ACTIVITIES

9.1 Acceptable Use

You agree to use the Service only for lawful purposes and in accordance with these Terms. You agree not to use the Service:

In any way that violates any applicable national or international law or regulation
To transmit, or procure the sending of, any advertising or promotional material without our prior written consent
To impersonate or attempt to impersonate CosmosTune, a CosmosTune employee, another user, or any other person or entity
To engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Service
In any manner that could disable, overburden, damage, or impair the Service

9.2 Prohibited Activities

You specifically agree NOT to:

Technical Violations:

Attempt to gain unauthorised access to the Service, user accounts, or computer systems or networks
Use any robot, spider, scraper, or other automated means to access the Service
Introduce any viruses, trojans, worms, logic bombs, or other malicious or harmful material
Attempt to reverse engineer, decompile, disassemble, or hack the Service
Bypass or circumvent any security features or access controls
Interfere with or disrupt the Service or servers or networks connected to the Service

Content Violations:

Copy, reproduce, distribute, or redistribute any Content from the Service (as detailed in Section 8.6)
Record or capture audio content using any means
Share your account credentials with any third party
Create multiple accounts or use the Service to evade account termination

Commercial Violations:

Use the Service for any commercial purpose without our express written permission
Resell, redistribute, or commercialise access to the Service
Use the Content in any commercial videos, podcasts, advertisements, or projects
Use the Service to compete with or create a similar service

Abuse and Misuse:

Harass, abuse, threaten, or intimidate any other user or any CosmosTune employee
Post or share any content that is unlawful, defamatory, obscene, or offensive
Violate the privacy rights or intellectual property rights of others
Use the Service to engage in any fraudulent or illegal activity

Account Sharing and Abuse:

Share your login credentials or allow others to access your account
Use another person's account without permission
Create false accounts or impersonate others

9.3 Consequences of Violation

Violation of any provision in this Section 9 will result in:

Immediate account suspension or termination without notice
Forfeiture of all subscription fees (no refund for remaining subscription period)
Permanent ban from the Service with no ability to create new accounts
Legal action, including civil lawsuits and criminal prosecution where applicable
Claims for damages, injunctive relief, and attorneys' fees

We reserve the right to investigate violations, cooperate with law enforcement authorities, and disclose any information necessary to satisfy legal requirements.

10. DATA PRIVACY

Your privacy is important to us. Please review our Privacy Policy, which is incorporated into these Terms by reference, to understand how we collect, use, and protect your personal information.

By using the Service, you consent to the collection, use, and sharing of your information as described in our Privacy Policy.

11. THIRD-PARTY SERVICES AND LINKS

11.1 Third-Party Integrations

The Service may integrate with or provide links to third-party services, websites, or platforms, including but not limited to:

Apple App Store and iTunes
Payment processors (RevenueCat, Apple Pay)
Analytics services
Cloud storage providers
Social media platforms

These third-party services are not controlled by us, and we are not responsible for their content, privacy policies, or practices. Your use of third-party services is governed by their respective terms and conditions and privacy policies.

11.2 No Endorsement

The inclusion of any third-party service, link, or integration does not imply endorsement, approval, or recommendation by CosmosTune. We disclaim all liability for any loss or damage arising from your use of third-party services.

12. LIMITATION OF LIABILITY

12.1 UK CONSUMER RIGHTS ACT 2015 STATUTORY PROTECTIONS

IMPORTANT NOTICE FOR UK CONSUMERS:

Nothing in these Terms excludes or limits CosmosTune's liability for:

(a) Death or personal injury caused by our negligence
(b) Fraud or fraudulent misrepresentation
(c) Breach of the terms implied by sections 49 to 51 of the Consumer Rights Act 2015 (digital content to be of satisfactory quality, fit for particular purpose, and as described)
(d) Defective products under the Consumer Protection Act 1987
(e) Any other liability which cannot lawfully be excluded or limited under UK law

UK CONSUMER RIGHTS ACT 2015 - YOUR STATUTORY RIGHTS:

Under the Consumer Rights Act 2015, you have the right to:

Receive digital content that is of satisfactory quality
Receive digital content that is fit for particular purpose (if you made your purpose known to us)
Receive digital content that matches its description
Repeat performance if the digital content is faulty
A price reduction or refund if repeat performance is not possible or fails

FAIRNESS OF LIABILITY LIMITATIONS:

Subject to the statutory rights above that cannot be excluded, our liability limitations below are fair and reasonable under the Consumer Rights Act 2015 because:

The limitations reflect the pricing structure of the service
Comprehensive warnings are provided about service limitations and risks
You retain the right to cancel your subscription at any time
The limitations apply equally to all users
Alternative legal remedies and statutory rights remain fully available
The service is provided with appropriate disclaimers and safety information
You have a 14-day cooling-off period to withdraw from the contract

TRANSPARENCY REQUIREMENT:

This limitation of liability is written in plain and intelligible language as required by Consumer Rights Act 2015 section 64, and has been drawn to your attention before you agree to these Terms.

12.2 GENERAL LIMITATION OF LIABILITY (SUBJECT TO SECTION 12.1)

TO THE EXTENT PERMITTED BY APPLICABLE LAW AND SUBJECT TO SECTION 12.1 ABOVE, IN NO EVENT SHALL COSMOSTUNE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AFFILIATES, OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, LOSS OF BUSINESS, BUSINESS INTERRUPTION, PERSONAL INJURY, EMOTIONAL DISTRESS, MENTAL ANGUISH, MEDICAL EXPENSES, LOSS OF PRIVACY, LOSS OF GOODWILL, OR ANY OTHER PECUNIARY OR NON-PECUNIARY LOSS, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, WHETHER UNDER THESE TERMS, IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF WARRANTY, OR OTHERWISE, EVEN IF COSMOSTUNE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE EXTENT PERMITTED BY APPLICABLE LAW AND SUBJECT TO SECTION 12.1 ABOVE, OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATING TO THE SERVICE, THESE TERMS, OR YOUR USE OF THE SERVICE IS LIMITED TO THE GREATER OF (A) THE AMOUNT YOU PAID TO APPLE FOR THE SERVICE IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) FIFTY POUNDS STERLING (£50.00).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

12.3 PROPORTIONALITY AND REASONABLENESS

BUSINESS vs CONSUMER DISTINCTION:

For UK consumers: Sections 12.1 and 12.2 apply, with statutory rights taking precedence
For business users: Section 12.2 applies subject to reasonableness test under Unfair Contract Terms Act 1977

REASONABLENESS FACTORS: Our liability limitations are reasonable considering:

The parties' relative bargaining positions
Whether the customer knew or ought reasonably to have known of the limitation
The availability of insurance to cover the liability
The complexity and risk inherent in the service provided

YOU ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION ARE FUNDAMENTAL ELEMENTS OF THE AGREEMENT BETWEEN YOU AND COSMOSTUNE, AND THAT COSMOSTUNE WOULD NOT PROVIDE THE SERVICE TO YOU WITHOUT THESE LIMITATIONS.

13. DISCLAIMER OF WARRANTIES

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, COSMOSTUNE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, RELIABILITY, AVAILABILITY, SECURITY, AND FREEDOM FROM ERRORS OR VIRUSES.

WE DO NOT WARRANT THAT:

THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS
THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE
THE RESULTS OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE, RELIABLE, OR EFFECTIVE
ANY ERRORS IN THE SERVICE WILL BE CORRECTED
THE SERVICE WILL BE COMPATIBLE WITH YOUR DEVICE OR OTHER SOFTWARE

YOU ASSUME ALL RISK AND RESPONSIBILITY FOR YOUR USE OF THE SERVICE AND ANY CONSEQUENCES RESULTING THEREFROM.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COSMOSTUNE OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

14. INDEMNIFICATION

YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS COSMOSTUNE AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, LICENSORS, AND SUPPLIERS FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITIES, DAMAGES, JUDGEMENTS, AWARDS, LOSSES, COSTS, EXPENSES, AND FEES (INCLUDING REASONABLE SOLICITORS' FEES AND LEGAL COSTS) ARISING OUT OF OR RELATING TO:

YOUR VIOLATION OF THESE TERMS
YOUR USE OR MISUSE OF THE SERVICE
YOUR VIOLATION OF ANY THIRD-PARTY RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS OR PRIVACY RIGHTS
YOUR USER-GENERATED CONTENT
YOUR NEGLIGENT OR WRONGFUL CONDUCT
ANY FALSE REPRESENTATION OR WARRANTY MADE BY YOU
YOUR VIOLATION OF ANY APPLICABLE LAW OR REGULATION

THIS INDEMNIFICATION OBLIGATION WILL SURVIVE THE TERMINATION OF YOUR ACCOUNT AND YOUR USE OF THE SERVICE.

WE RESERVE THE RIGHT TO ASSUME THE EXCLUSIVE DEFENCE AND CONTROL OF ANY MATTER SUBJECT TO INDEMNIFICATION BY YOU, AND YOU AGREE TO COOPERATE WITH OUR DEFENCE OF SUCH CLAIMS.

15. GOVERNING LAW, JURISDICTION, AND INTERNATIONAL COMPLIANCE

15.1 Governing Law by Jurisdiction

The governing law and jurisdiction for these Terms depends on your country of residence:

EUROPEAN UNION/EEA USERS:

Governed by the laws of England and Wales
Subject to mandatory consumer protection laws of your EU/EEA member state
Jurisdiction in the courts of your EU/EEA member state for consumer matters

UNITED KINGDOM USERS:

Governed by the laws of England and Wales
Jurisdiction in the courts of England and Wales

CANADIAN USERS:

Governed by the laws of the province in which you reside
Jurisdiction in the courts of your province

AUSTRALIAN USERS:

Governed by Australian federal law and the law of the state/territory in which you reside
Jurisdiction in Australian courts

UNITED STATES USERS:

Governed by the laws of the State of Delaware, without regard to conflict of law provisions
Subject to applicable state consumer protection laws

BRAZILIAN USERS:

Governed by Brazilian law (LGPD and Brazilian Civil Code)
Jurisdiction in Brazilian courts

OTHER JURISDICTIONS:

Governed by the laws of England and Wales
Subject to mandatory consumer protection laws of your jurisdiction
Jurisdiction as determined by applicable law

15.2 International Data Transfers and Processing

CROSS-BORDER DATA TRANSFERS:

Your personal data may be transferred to, stored, and processed in countries other than your country of residence, including:

European Economic Area (EEA)
United Kingdom
United States
Other jurisdictions where our service providers operate

TRANSFER SAFEGUARDS:

For transfers from the EU/EEA and UK to countries without adequacy decisions, we implement appropriate safeguards including:

Standard Contractual Clauses (SCCs): European Commission-approved SCCs for EU transfers
International Data Transfer Agreement (IDTA): UK ICO-approved IDTA for UK transfers
Adequacy Decisions: Transfers to countries recognized as providing adequate data protection
Consent: Explicit consent where required by law

DATA LOCALIZATION COMPLIANCE:

For certain jurisdictions with data localization requirements:

China: Personal data of users in China is stored and processed within mainland China in compliance with the Personal Information Protection Law (PIPL)
Russia: Personal data of Russian citizens is stored on servers located within the Russian Federation in compliance with Federal Law No. 152-FZ
Saudi Arabia: Personal data is primarily stored within Saudi Arabia, with cross-border transfers subject to regulatory requirements

Before initiating formal legal proceedings or complaints, you agree to first contact us at legal@cosmostune.com to attempt to resolve the dispute informally. We will attempt to resolve disputes in good faith within 30 days of receiving notice.

15.3 Class Action Waiver

TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT ANY DISPUTE ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE WILL BE CONDUCTED ON AN INDIVIDUAL BASIS AND NOT AS A CLASS ACTION, CONSOLIDATED ACTION, OR REPRESENTATIVE ACTION. YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

NOTE: This waiver may not be enforceable in certain jurisdictions (including EU/EEA countries) where class action waivers are prohibited or restricted by consumer protection laws.

15.4 Limitation Period

Any cause of action or claim you may have arising out of or relating to these Terms or the Service must be commenced within the following timeframes:

EU/EEA Users: As permitted by applicable national law (typically 2-3 years)
UK Users: 6 years under English law
Other Jurisdictions: One (1) year after the cause of action accrues, or as otherwise required by applicable law

Otherwise, such cause of action or claim is permanently barred to the extent permitted by law.

16. TERMINATION

16.1 Termination by You

You may terminate your account at any time by:

Deleting your account through the App settings
Cancelling your subscription through your Apple/iTunes Account Settings
Ceasing to use the Service

16.2 Termination by CosmosTune

We reserve the right to suspend or terminate your access to the Service, with or without notice, for any reason or no reason, including but not limited to:

Violation of these Terms
Fraudulent, abusive, or illegal activity
Nonpayment of fees
Extended periods of inactivity
Requests by law enforcement or government agencies
Discontinuation or material modification of the Service
Unexpected technical or security issues

16.3 Effect of Termination

Upon termination:

Your right to access and use the Service will immediately cease
All licences granted to you under these Terms will immediately terminate
You will lose access to all Premium Features and Content
Your account data, including progress, playlists, and voice recordings, may be permanently deleted
No refunds will be provided for any unused subscription period
Sections of these Terms that by their nature should survive termination shall survive, including Sections 5 (Disclaimers), 8 (Intellectual Property), 12 (Limitation of Liability), 13 (Disclaimer of Warranties), 14 (Indemnification), and 15 (Governing Law)

17. FORCE MAJEURE

We shall not be liable for any failure or delay in performing our obligations under these Terms due to circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, earthquakes, accidents, pandemics, epidemics, strikes, fuel crises, power failures, or failures of telecommunications or internet services.

18. SEVERABILITY

If any provision of these Terms is found to be unlawful, void, or unenforceable by a court of competent jurisdiction, that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

19. ENTIRE AGREEMENT

These Terms, together with our Privacy Policy and any other legal notices or agreements published by us in the App, constitute the entire agreement between you and CosmosTune concerning the Service and supersede all prior or contemporaneous agreements, representations, warranties, and understandings with respect to the Service.

20. NO WAIVER

Our failure to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term.

21. ASSIGNMENT

You may not assign or transfer these Terms or your rights and obligations under these Terms without our prior written consent. We may assign or transfer these Terms or our rights and obligations under these Terms at any time without restriction or notice.

22. APPLE-SPECIFIC TERMS

22.1 Acknowledgement

You acknowledge that these Terms are between you and CosmosTune only, not with Apple Inc. ("Apple"), and that Apple is not responsible for the Service or the Content.

22.2 Scope of Licence

The licence granted to you under these Terms is limited to a non-transferable licence to use the Service on any Apple-branded products that you own or control and as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions.

22.3 Maintenance and Support

Apple has no obligation to provide any maintenance or support services for the Service. CosmosTune is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed.

22.4 Product Claims

CosmosTune, not Apple, is responsible for addressing any claims by you or any third party relating to the Service or your possession and/or use of the Service, including but not limited to:

Product liability claims
Claims that the Service fails to conform to any applicable legal or regulatory requirement
Claims arising under consumer protection or similar legislation

22.5 Intellectual Property Infringement

CosmosTune, not Apple, is responsible for the investigation, defence, settlement, and discharge of any third-party claim that the Service or your possession and use of the Service infringes that third party's intellectual property rights.

22.6 Third-Party Beneficiary

Apple and Apple's subsidiaries are third-party beneficiaries of these Terms, and 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.

23. INTERNATIONAL CONSUMER RIGHTS AND PROTECTIONS

23.1 EU/EEA Consumer Rights

For users in the European Union and European Economic Area, you benefit from mandatory consumer protection rights under EU law, including:

Right of Withdrawal (14-Day Cooling-Off Period):

You have the right to withdraw from your subscription within 14 days of purchase without giving any reason
To exercise this right, you must inform us of your decision to withdraw via a clear statement
If you request to access the Service during the withdrawal period and then exercise your right of withdrawal, you shall pay an amount proportionate to what has been provided
Note: This right does not apply if you have fully consumed digital content with your prior express consent

Distance Selling Rights:

Clear information about the Service before purchase
Confirmation of purchase in a durable medium
Right to receive detailed receipt

Consumer Protection:

Protection against unfair contract terms
Right to clear, understandable terms
Protection against misleading information

23.2 UK Consumer Rights

For users in the United Kingdom, you are protected by the Consumer Rights Act 2015:

Right to receive services with reasonable care and skill
Right to receive services as described
Right to fair and transparent terms
Right to challenge unfair terms

23.3 Australian Consumer Law

For Australian users, you have guaranteed consumer rights under Australian Consumer Law that cannot be excluded:

Guarantee that services are provided with acceptable care and skill
Guarantee that services are fit for purpose
Guarantee that services match description
Right to refunds, replacements, or compensation for major failures

23.4 Canadian Consumer Protection

For Canadian users (particularly Quebec users under Law 25):

Right to clear, understandable contracts
Protection against unfair business practices
Right to cancel contracts in certain circumstances
Enhanced privacy rights under provincial law

23.5 Brazilian Consumer Protection Code (CDC)

For Brazilian users, you are protected by the Consumer Protection Code (CDC - Law 8.078/90):

Right to clear and accurate information
Protection against abusive clauses
Right to withdraw from distance purchases within 7 days
Right to effective customer service

23.6 Other Jurisdictions

Users in other jurisdictions retain all consumer rights granted by applicable local law. Nothing in these Terms is intended to exclude or limit any statutory rights that cannot lawfully be excluded or limited.

24. CONTACT INFORMATION AND REPRESENTATIVES

24.1 General Contact Information

If you have any questions, concerns, or complaints about these Terms or the Service, please contact us:

CosmosTune Support Email: support@cosmostune.com Legal: legal@cosmostune.com Privacy: privacy@cosmostune.com Website: www.cosmostune.com

For matters related to intellectual property infringement or legal disputes: Legal Department Email: legal@cosmostune.com

24. ADDITIONAL DISCLAIMERS AND WARNINGS

24.1 Critical Audio Safety and Hearing Damage Warning

CRITICAL AUDIO SAFETY WARNING - READ CAREFULLY BEFORE USING THE SERVICE

HEARING DAMAGE RISK:

VOLUME LIMITS: Never exceed 85 decibels (dB) when using the Service. Prolonged exposure to sounds above 85dB may cause permanent, irreversible hearing damage, including hearing loss, tinnitus (ringing in ears), and other auditory injuries.
DURATION LIMITS: Limit use to a maximum of 3 listening sessions or 1 total hour per day. Prolonged continuous listening increases risk of hearing damage.
SAFE VOLUME LEVELS: We recommend setting device volume to 50% or lower. Adjust volume to the lowest comfortable level.
USE CAUTION: You are solely responsible for setting appropriate volume levels. We are not liable for any hearing damage resulting from your use of the Service.

BINAURAL BEATS AND FREQUENCY-BASED AUDIO WARNING:

Binaural beats, isochronic tones, and frequency-based audio may affect brainwave patterns, heart rhythms, and neurological function. DO NOT USE if you have:

Heart conditions, pacemakers, or cardiac arrhythmias - May affect heart rhythm
Epilepsy, seizure disorders, or photosensitive conditions - May trigger seizures
Pregnancy - Effects on foetal development unknown
Active mental health conditions without physician approval
History of strokes or brain injuries
Sensitivity to flashing lights or sounds

ACTIVITY RESTRICTIONS:

NEVER listen whilst driving, operating machinery, cycling, or engaging in any activity requiring full attention, alertness, or physical coordination
DO NOT use whilst exercising, running, or performing physical activities where altered awareness could cause injury
DO NOT use in situations where you need to remain alert to your surroundings for safety

IMMEDIATE DISCONTINUATION REQUIRED IF YOU EXPERIENCE:

Dizziness, vertigo, or disorientation
Headaches or migraines
Nausea or vomiting
Ear pain, pressure, or ringing (tinnitus)
Hearing changes or muffled hearing
Heart palpitations or irregular heartbeat
Seizures, tremors, or muscle spasms
Anxiety, panic, or psychological distress
Confusion or altered mental state

If you experience any adverse effects, STOP USE IMMEDIATELY and consult a healthcare provider.

HEARING DAMAGE ACKNOWLEDGEMENT AND WAIVER:

You acknowledge that:

You have been warned about the risk of hearing damage from audio exposure
You are solely responsible for setting safe volume levels
You assume all risk of hearing damage, tinnitus, or auditory injury
You will not exceed WHO-recommended maximum exposure levels
You waive any claims against CosmosTune for hearing damage or audio-related injuries

24.2 Enhanced Mental Health and Psychiatric Contraindications

CRITICAL MENTAL HEALTH WARNING - MEDITATION AND AFFIRMATIONS CAN WORSEN PSYCHIATRIC CONDITIONS

MANDATORY PHYSICIAN CONSULTATION REQUIRED FOR:

The Service is NOT SUITABLE and may be HARMFUL for individuals with the following conditions. DO NOT USE without explicit approval from your mental health provider:

SEVERE PSYCHIATRIC CONDITIONS (DO NOT USE):

Active psychosis or hallucinations
Schizophrenia or schizoaffective disorder
Severe bipolar disorder (Type I or II)
Active suicidal ideation or plans
Severe, untreated major depressive disorder
Active mania or hypomanic episodes
Dissociative identity disorder or severe dissociative states
Severe personality disorders (Borderline, Antisocial)

CONDITIONS REQUIRING PHYSICIAN APPROVAL:

Post-Traumatic Stress Disorder (PTSD) or Complex PTSD
Generalised Anxiety Disorder or Severe Panic Disorder
Obsessive-Compulsive Disorder (OCD)
Eating disorders (Anorexia, Bulimia)
Substance use disorders or active addiction
Recent psychiatric hospitalization (within 6 months)
Currently taking psychiatric medications
History of psychotic episodes
Trauma disorders or abuse history

KNOWN RISKS OF MEDITATION AND MINDFULNESS PRACTICES:

Research shows that meditation, affirmations, and mindfulness practices can:

Trigger traumatic memories and flashbacks in individuals with PTSD
Worsen symptoms of depression, anxiety, and dissociation
Induce panic attacks or heightened anxiety
Cause depersonalisation or derealisation experiences
Trigger manic episodes in individuals with bipolar disorder
Increase rumination and negative thought patterns
Lead to psychological destabilisation in vulnerable individuals

PSYCHOLOGICAL ADVERSE EFFECTS - DISCONTINUE IMMEDIATELY IF YOU EXPERIENCE:

Increased suicidal thoughts or self-harm urges
Worsening depression, hopelessness, or despair
Panic attacks or severe anxiety
Flashbacks, intrusive memories, or trauma responses
Dissociation, feeling detached from reality, or "spacing out"
Paranoia, hallucinations, or delusional thinking
Emotional numbness or inability to feel emotions
Severe agitation, irritability, or anger
Confusion, disorientation, or cognitive impairment
Sleep disturbances, nightmares, or insomnia

EMERGENCY MENTAL HEALTH RESOURCES:

IF YOU ARE EXPERIENCING A MENTAL HEALTH EMERGENCY, SUICIDAL THOUGHTS, OR PSYCHOLOGICAL CRISIS:

UK: Samaritans - 116 123 (24/7 free helpline)
UK: Crisis text line - Text "SHOUT" to 85258
USA: 988 Suicide & Crisis Lifeline (call or text 988)
USA: Crisis Text Line - Text "HELLO" to 741741
International: https://findahelpline.com
Emergency Services: 999 (UK), 911 (USA), or local emergency number

DO NOT RELY ON THIS SERVICE FOR MENTAL HEALTH TREATMENT. SEEK PROFESSIONAL HELP IMMEDIATELY IF YOU ARE IN CRISIS.

MEDICATION WARNING:

DO NOT stop, reduce, or modify any prescribed psychiatric medications based on your use of the Service. Any changes to medication must be made under the supervision of your prescribing physician.

THERAPEUTIC SUPERVISION:

If you are currently in therapy or counselling, inform your therapist that you are using this Service. Some therapeutic approaches may be contraindicated with meditation or affirmation practices.

24.3 No Professional Relationship

No doctor-patient, therapist-client, psychologist-patient, or any other professional-client relationship is created by your use of the Service. The Service does not replace professional medical, psychiatric, psychological, or therapeutic care.

24.4 Results and Testimonials

Any testimonials, reviews, or success stories displayed in the App or marketing materials represent individual experiences and are not guarantees of results. Your results may vary or may not occur at all.

24.5 Children's Protection and COPPA Compliance

AGE RESTRICTIONS AND PARENTAL CONSENT:

The Service has the following age restrictions:

Minimum Age (United States): 13 years
Minimum Age (European Economic Area/UK): 16 years
Users Under 18: Require parental or legal guardian consent and supervision

COPPA COMPLIANCE (CHILDREN'S ONLINE PRIVACY PROTECTION ACT):

We comply with the U.S. Children's Online Privacy Protection Act (COPPA). WE DO NOT KNOWINGLY COLLECT PERSONAL INFORMATION FROM CHILDREN UNDER 13 YEARS OF AGE WITHOUT VERIFIABLE PARENTAL CONSENT.

If we discover that we have collected personal information from a child under 13 without parental consent, we will delete that information immediately.

PARENTAL NOTICE:

If you are a parent or legal guardian and believe your child has provided personal information to us without your consent, contact us immediately at privacy@cosmostune.com. We will promptly investigate and delete any such information.

ENHANCED PROTECTIONS FOR MINORS:

Users under 18 receive enhanced privacy protections and restricted access to certain features. Parents and guardians are responsible for monitoring their child's use of the Service and ensuring age-appropriate usage.

PARENTAL SUPERVISION REQUIRED:

The audio content, including subliminal audio, binaural beats, and affirmations, may not be suitable for children. Parental supervision is mandatory for users under 18. Parents should review all content before allowing minors to use the Service.

24.6 Voice Recording and Biometric Data Protection

VOICE RECORDING CONSENT:

By using the voice recording feature, you consent to the recording, storage, and processing of your voice for the purpose of creating personalised affirmations.

BIOMETRIC DATA PROTECTION:

Your voice recordings are NOT used for biometric identification purposes. We do not extract voiceprints, voice signatures, speech patterns, or other biometric identifiers from your recordings.

STATE-SPECIFIC BIOMETRIC LAWS:

Illinois Residents (BIPA Compliance): Voice recordings may constitute "biometric identifiers" under the Illinois Biometric Information Privacy Act (BIPA). By recording your voice, you provide informed written consent to our collection, use, and storage of voice recordings as described in these Terms and our Privacy Policy. We will:

Inform you of the specific purpose and length of time recordings are stored
Not sell, lease, trade, or profit from your voice recordings
Store voice recordings using a reasonable standard of care
Permanently delete recordings upon your request or account termination

Texas Residents: Similar protections apply under the Texas Capture or Use of Biometric Identifier Act.

Washington Residents: Voice recordings are protected under Washington's biometric privacy laws.

You may delete your voice recordings at any time through the App settings. We will permanently delete voice recordings within 30 days of deletion request or account closure.

24.7 Accessibility Commitment

COMMITMENT TO ACCESSIBILITY:

We are committed to ensuring the Service is accessible to users with disabilities in accordance with:

Americans with Disabilities Act (ADA) (United States)
Equality Act 2010 (United Kingdom)
Web Content Accessibility Guidelines (WCAG) 2.1 Level AA

ACCESSIBILITY FEATURES:

Screen reader compatibility (VoiceOver, TalkBack)
Keyboard navigation support
Alternative text for images and visual elements
Adjustable font sizes and contrast settings
Closed captions where applicable

ACCESSIBILITY SUPPORT:

If you experience accessibility barriers or require assistance, contact:

Email: accessibility@cosmostune.com
Subject: "Accessibility Assistance"

We welcome feedback on accessibility improvements and will make reasonable efforts to accommodate users with disabilities.

ONGOING IMPROVEMENTS:

We regularly review and improve the accessibility of the Service. We aim to meet WCAG 2.1 Level AA compliance by 2026 in accordance with updated DOJ regulations.

24.8 Limitation of Liability for Specific Claims

MAXIMUM LIABILITY PROTECTION FOR ALL CLAIMS:

To the fullest extent permitted by law, CosmosTune's total liability for ALL claims arising from or relating to the Service shall not exceed the lesser of:

(A) The amount you paid for the Service in the 12 months preceding the claim, OR
(B) Fifty Pounds Sterling (£50.00)

THIS LIMITATION APPLIES TO ALL TYPES OF CLAIMS, INCLUDING BUT NOT LIMITED TO:

Hearing damage, hearing loss, tinnitus, or other auditory injuries
Psychological harm, mental health deterioration, or psychiatric adverse effects
Adverse reactions to subliminal audio, binaural beats, or multi-layer audio
Triggering of traumatic memories, panic attacks, or dissociative episodes
Worsening of pre-existing mental health conditions
Suicidal ideation or self-harm allegedly caused by the Service
Privacy breaches, data misuse, or unauthorised disclosure of personal information
Subscription billing disputes or unauthorised charges (handled by Apple)
Accessibility barriers or discrimination claims
Copyright infringement or intellectual property claims
Injuries sustained while using the Service (driving, operating machinery)
Content-related injuries or harm of any nature
Breach of contract or breach of warranty claims
Regulatory violations or non-compliance claims

EXCLUDED DAMAGES:

In no event shall we be liable for any:

Consequential, incidental, special, punitive, or exemplary damages
Medical expenses, hospital costs, or treatment fees
Lost wages, lost income, or loss of earning capacity
Pain and suffering, emotional distress, or mental anguish
Hearing loss damages or cochlear damage
Psychiatric treatment costs or therapy expenses
Loss of consortium or loss of companionship
Reputational harm or damage to reputation
Property damage or personal injury

ALLOCATION OF RISK:

These limitations reflect the allocation of risk between you and CosmosTune. The Service pricing reflects these risk limitations. Without these limitations, the Service would not be economically feasible.

24.9 Enhanced Indemnification for Specific Risks

USER INDEMNIFICATION FOR ALL CLAIMS:

You agree to defend, indemnify, and hold harmless CosmosTune from any claims arising from:

Your failure to follow audio safety warnings or volume guidelines
Your use of the Service whilst driving, operating machinery, or engaging in unsafe activities
Your use of the Service despite having contraindicated mental health conditions
Your failure to seek professional medical or mental health care
Your discontinuation or modification of prescribed medications based on use of the Service
Your sharing of account credentials or unauthorised access
Your recording, copying, or redistribution of copyrighted Content
Your violation of intellectual property rights or third-party rights
Claims by minors using your account without proper supervision
Claims related to voice recordings or biometric data you provided
Any misrepresentation about your age, health status, or eligibility to use the Service

This indemnification includes all legal fees, costs, judgements, and expenses we incur defending such claims.

BY USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.

IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST IMMEDIATELY DISCONTINUE USE OF THE SERVICE.

Last Updated: 27 October 2025