Terms of Service
Last updated: July 6, 2026
1. Acceptance of Terms
By accessing or using The Binaural (the website at thebinaural.com and The Binaural mobile app, together the "service"), you agree to be bound by these Terms of Service. The Binaural operates this service. If you do not agree to these terms, do not use the service.
2. Description of Service
The Binaural generates binaural beats and ambient audio sessions designed to support focus, relaxation, sleep, and creative exploration, along with personalized session recommendations. Audio is generated on your device using procedural synthesis.
3. Accounts
You may use the service as a guest or create an account with an email and password, or through a supported third-party sign-in provider. You are responsible for maintaining the confidentiality of your account credentials and for all activity under your account. You must provide accurate information and keep it up to date. The service is not intended for anyone under the age of 13.
4. Free During Launch
The Binaural is currently offered free of charge during our launch period. There is no active paid subscription and no paywall, and we do not charge for access at this time. We may introduce paid features in the future. If we do, we will present the pricing and terms clearly before any charge, and you will be able to decline. We do not promise any specific trial, price, or feature at this time.
5. Acceptable Use
You agree not to misuse the service. In particular, you agree not to reverse-engineer or attempt to extract the audio generation system, scrape or harvest content, interfere with or disrupt the service, use the service for any unlawful purpose, or harass other users. If you share sessions or submit any content, you agree not to submit content that is abusive, harmful, misleading, infringing, or unlawful. We may remove content or suspend accounts that violate these terms.
6. Intellectual Property
The service, including its design, code, audio generation algorithms, recommendation engine, and branding, is the property of The Binaural and is protected by applicable law. We grant you a limited, personal, non-transferable license to use the service for your own personal, non-commercial use. Audio generated during your sessions is for your personal use. You retain ownership of any content you submit, and you grant us a limited license to host and display that content solely to operate the service.
7. Medical and Health Disclaimer
The Binaural is a wellness and relaxation tool. It is not a medical device and is not intended to diagnose, treat, cure, or prevent any disease or medical condition, and it is not a substitute for professional medical advice, diagnosis, or treatment. Binaural beats are provided for general wellness and informational purposes only, and we make no medical claims. Consult a physician before using the service if you have epilepsy or a seizure disorder, are pregnant, use a pacemaker, or have any medical condition that may be affected by audio stimuli. Do not use the service while driving or operating machinery. Stop using the service and seek professional help if you feel unwell. You use the service voluntarily and assume all risks associated with its use.
8. Disclaimer of Warranties
The service is provided "as is" and "as available" without warranties of any kind, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the service will be uninterrupted, error-free, or free of harmful components, or that it will produce any particular result.
9. Limitation of Liability
To the fullest extent permitted by law, The Binaural and its operators will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of data, profits, or goodwill, arising out of or related to your use of or inability to use the service, including but not limited to hearing discomfort, sleep disruption, or inability to focus. Your use of the service is at your own risk. To the extent any liability cannot be excluded, it is limited to the amount you paid us for the service in the 12 months before the claim, which may be $0 while the service is free.
10. Indemnification
You agree to indemnify and hold harmless The Binaural and its operators from any claims, damages, liabilities, and expenses, including reasonable legal fees, arising out of your use of the service, your content, or your violation of these terms or any applicable law.
11. Termination
We may suspend or terminate your access to the service at our discretion if you violate these terms. You may delete your account at any time from your account settings. Upon termination, your right to use the service ends immediately, though certain data may be retained as described in our Privacy Policy.
12. Governing Law and Venue
These terms are governed by the laws of the State of Michigan, USA, without regard to its conflict-of-laws rules. You agree that any dispute arising out of or relating to these terms or the service will be brought exclusively in the state or federal courts located in Michigan, and you consent to the personal jurisdiction of those courts.
13. Changes to Terms
We may update these terms from time to time. We will communicate material changes through the service or by email and will revise the Last updated date above. Your continued use of the service after changes take effect constitutes acceptance of the updated terms.
14. Contact
The Binaural operates this service from Detroit, MI, USA. Questions about these terms? Contact us at support@thebinaural.com.