End User License Agreement (EULA)

Effective Date: January 1, 2025
Last Updated: January 13, 2025

This End User License Agreement ("Agreement" or "EULA") is a legal agreement between you ("User", "you", or "your") and Antagrioin ("Company", "we", "us", or "our") for the use of the Brainwave Binaural Hertz mobile application ("App").

1. Grant of License

1.1 License Grant

Subject to your compliance with this Agreement, we grant you a limited, non-exclusive, non-transferable, revocable license to download, install, and use the App on your personal mobile device(s) solely for your personal, non-commercial use.

1.2 License Restrictions

You agree NOT to:

• Copy, modify, or create derivative works of the App
• Reverse engineer, decompile, or disassemble the App
• Rent, lease, lend, sell, redistribute, or sublicense the App
• Remove, alter, or obscure any proprietary notices on the App
• Use the App for any illegal or unauthorized purpose
• Interfere with or disrupt the App's servers or networks
• Attempt to gain unauthorized access to any part of the App

2. Subscriptions and In-App Purchases

2.1 Subscription Services

The App offers auto-renewable subscription plans ("Premium Subscription") that provide access to premium features:

• Monthly Subscription: Automatically renews every month
• Yearly Subscription: Automatically renews every year

2.2 Payment and Billing

• Payment Processing: All payments are processed through the Apple App Store or Google Play Store, depending on your platform.
• Pricing: Subscription prices are displayed in the App and may vary by region. Prices are subject to change with notice.
• Payment Method: Payment will be charged to your Apple ID or Google Play account at confirmation of purchase.
• Taxes: Prices may exclude applicable taxes, which will be added at checkout based on your location.

2.3 Auto-Renewal Terms

2.4 Free Trials

If we offer a free trial period:

• The trial period duration will be clearly stated before you subscribe
• At the end of the trial period, you will be automatically charged for the subscription unless you cancel before the trial ends
• Any unused portion of a free trial period will be forfeited when you purchase a subscription
• Free trials are limited to one per user and may not be combined with other offers

2.5 Cancellation and Refunds

How to Cancel:

• iOS: Go to Settings → [Your Name] → Subscriptions → Select the App → Cancel Subscription
• Android: Open Google Play Store → Menu → Subscriptions → Select the App → Cancel Subscription

Refund Policy:

• All subscription purchases are processed through Apple or Google, and refunds must be requested through them.
• We do not have the ability to issue refunds directly.
• For refund requests on iOS: https://support.apple.com/billing
• For refund requests on Android: https://support.google.com/googleplay/answer/2479637
• Cancelling a subscription does not entitle you to a refund for any amounts already paid.

2.6 In-App Purchases

The App may offer in-app purchases for additional content or features. All in-app purchases are non-refundable and non-transferable except as required by applicable law.

3. Advertising

3.1 AdMob Integration

The free version of the App displays advertisements provided by Google AdMob. By using the free version, you consent to:

• Viewing advertisements within the App
• Collection of advertising identifiers (IDFA/GAID) by AdMob
• AdMob's use of cookies and similar technologies

3.2 Premium Ad-Free Experience

Premium Subscription users receive an ad-free experience. However, we reserve the right to display non-commercial announcements, updates, or promotional content for our own services.

4. Content and Intellectual Property

4.1 Ownership

The App and all content, features, and functionality (including but not limited to audio files, software, code, text, graphics, logos, icons, images, and the selection and arrangement thereof) are owned by Antagrioin and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.

4.2 Binaural Beats and Audio Content

All binaural beats, isochronic tones, ambient sounds, and other audio content within the App are proprietary to Antagrioin. You may not:

• Extract, download, or record audio files from the App
• Distribute, sell, or commercially exploit any audio content
• Use the audio content outside the App interface

4.3 User-Generated Content

If the App allows you to create custom presets or settings, you retain ownership of such content. However, by using the App, you grant us a license to store and process this data solely for the purpose of providing the App's functionality.

5. Medical and Health Disclaimers

5.2 Consult Healthcare Professionals

Before using the App, especially if you have any of the following conditions, consult with a qualified healthcare professional:

• Epilepsy or seizure disorders
• Pacemaker or other implanted electronic medical devices
• Severe mental health conditions
• Heart conditions or irregular heartbeat
• Pregnancy
• Under 18 years of age (parental supervision recommended)

5.3 Use at Your Own Risk

You acknowledge and agree that:

• Use of binaural beats and brainwave entrainment is at your own risk
• Results may vary and are not guaranteed
• The App is not a substitute for professional medical advice, diagnosis, or treatment
• If you experience any adverse effects (dizziness, discomfort, anxiety, etc.), discontinue use immediately

5.4 Volume Safety

Listening to audio at high volumes can cause hearing damage. Always:

• Start at a low volume and gradually increase
• Keep volume at comfortable, safe levels
• Take regular breaks during extended listening sessions
• Do not use while driving, operating machinery, or in situations requiring full attention

6. Privacy and Data

6.1 Privacy Policy

Your use of the App is also governed by our Privacy Policy, available at https://brainwavegenenator.com/privacy.html. By using the App, you consent to the collection and use of your information as described in the Privacy Policy.

6.2 Data Collection

We collect minimal data necessary for app functionality and advertising. See our Privacy Policy for details on:

• What data we collect
• How we use your data
• Third-party services (AdMob, App Store, Play Store)
• Your privacy rights

6.3 Local Data Storage

Session history, custom presets, and user preferences are stored locally on your device using SharedPreferences/UserDefaults. This data is not transmitted to our servers and remains on your device unless you manually delete the App.

7. App Permissions

The App requests the following permissions:

7.1 Required Permissions

• Audio/Microphone (iOS): For audio playback functionality (we do NOT record audio)
• Notifications: For alarm and session timer notifications
• Background Audio: To continue playing audio when the App is minimized

7.2 Optional Permissions

• Vibration: For haptic feedback during alarms
• Wake Lock: To keep the screen on during sessions (optional)
• Alarms & Reminders: For progressive wake-up alarm functionality

You can manage permissions in your device settings at any time.

8. Service Availability and Changes

8.1 Service Availability

We strive to provide continuous access to the App, but we do not guarantee that:

• The App will be available at all times or without interruption
• The App will be error-free or secure
• Defects will be corrected

8.2 Updates and Modifications

We may:

• Release updates to improve functionality, fix bugs, or add features
• Modify or discontinue features or content at any time
• Require you to update to the latest version to continue using the App
• Change subscription pricing with 30 days' notice to existing subscribers

8.3 Termination

We reserve the right to:

• Suspend or terminate your access to the App at any time for violation of this Agreement
• Discontinue the App entirely with reasonable notice

Upon termination, you must cease all use of the App and delete all copies from your devices.

9. Limitation of Liability

9.1 Health and Wellness Disclaimer

WE ARE NOT RESPONSIBLE FOR ANY ADVERSE EFFECTS, INJURIES, OR DAMAGES RESULTING FROM YOUR USE OF THE APP, INCLUDING BUT NOT LIMITED TO:

• Headaches, dizziness, or discomfort from audio frequencies
• Sleep disturbances or alarm malfunctions
• Psychological or emotional effects
• Hearing damage from excessive volume

10. Indemnification

You agree to indemnify, defend, and hold harmless Antagrioin, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from:

• Your use or misuse of the App
• Your violation of this Agreement
• Your violation of any third-party rights
• Any health issues or injuries related to App use

11. Third-Party Services

11.1 App Store and Google Play

You acknowledge that this Agreement is between you and Antagrioin only, not with Apple Inc. or Google LLC. Apple and Google are not responsible for the App or its content.

11.2 Third-Party Terms

Your use of the App is also subject to:

• Apple: Apple Licensed Application End User License Agreement
• Google: Google Play Terms of Service
• AdMob: Google Privacy Policy

12. Geographic Restrictions

The App is available in 176 countries and supports 16 languages. However, some features or content may not be available in all regions due to legal or technical restrictions.

13. Children's Privacy

The App is rated for users 4+ (iOS) and Everyone (Android) and is suitable for all ages. However:

• We do not knowingly collect personal information from children under 13
• Parental supervision is recommended for users under 13
• Parents should review our Privacy Policy

14. Governing Law and Dispute Resolution

14.1 Governing Law

This Agreement shall be governed by and construed in accordance with the laws of [Your Jurisdiction], without regard to its conflict of law provisions.

14.2 Dispute Resolution

Any disputes arising from this Agreement shall be resolved through:

1. Good faith negotiation between the parties
2. Mediation if negotiation fails
3. Binding arbitration or litigation in [Your Jurisdiction] courts

15. Changes to This Agreement

We may update this EULA from time to time. We will notify you of material changes by:

• Posting the updated EULA in the App
• Updating the "Last Updated" date
• Requiring you to accept the new terms before continuing to use the App

Your continued use of the App after changes constitutes acceptance of the updated Agreement.

16. Severability

If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

17. Entire Agreement

This Agreement, together with our Privacy Policy and Terms of Service, constitutes the entire agreement between you and Antagrioin regarding the App and supersedes all prior agreements.

18. Contact Information

If you have any questions, concerns, or complaints about this EULA, please contact us:

19. Acknowledgment

BY DOWNLOADING, INSTALLING, OR USING THE APP, YOU ACKNOWLEDGE THAT:

• You have read and understood this Agreement
• You agree to be bound by its terms
• You are at least 13 years old (or have parental consent if younger)
• You understand the health and wellness disclaimers
• You accept the subscription and payment terms

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