Terms of service

Terms and Conditions

Last updated: May 2, 2026

Welcome to Brainwave Music. These Terms and Conditions ("Terms") govern your access to and use of the Brainwave Music website, web player, mobile applications, desktop/web app experience, music store, downloadable audio products, subscriptions, software features, accounts, content, communications, and related services (collectively, the "Services").

These Terms form a legally binding agreement between you and Brainwave Music ("Brainwave Music", "we", "us", or "our"). By accessing or using the Services, creating an account, purchasing a download, starting a subscription, installing an app, using the web player, or otherwise interacting with Brainwave Music, you agree to these Terms.

If you do not agree to these Terms, do not access or use the Services.

1. Important wellness and safety notice

Brainwave Music provides audio, music, soundscapes, frequency-based compositions, binaural beats, isochronic tones, relaxation tools, sleep-related audio, focus audio, meditation audio, lucid dreaming audio, journaling tools, timers, alarms, visualizers, and related wellness features for personal entertainment, relaxation, and self-directed wellbeing routines only.

Brainwave Music does not provide medical advice, psychological advice, psychiatric advice, diagnosis, treatment, therapy, crisis support, or emergency services.

The Services are not intended to diagnose, treat, cure, prevent, or manage any disease, disorder, injury, mental health condition, sleep disorder, neurological condition, psychological condition, or medical condition.

You should not rely on Brainwave Music as a substitute for professional medical, psychological, psychiatric, legal, financial, or other professional advice. If you have a medical condition, mental health concern, sleep disorder, epilepsy, seizures, tinnitus, sound sensitivity, hearing condition, trauma history, or any other concern that may be affected by audio, sleep routines, meditation, or altered states of awareness, you should speak with a qualified professional before using the Services.

Do not use Brainwave Music while driving, operating machinery, cycling, walking near traffic, supervising children, performing safety-critical work, or doing anything that requires attention, alertness, coordination, or situational awareness.

You are solely responsible for how, when, where, and why you use the Services.

2. Assumption of risk

You understand and agree that listening to audio, using headphones, using sleep music, using focus audio, attempting lucid dreaming, journaling dreams, using alarms or timers, using brainwave audio, using visualizers, and experimenting with relaxation or meditation routines are voluntary activities.

To the maximum extent permitted by law, you knowingly and voluntarily assume all risks connected with your access to and use of the Services, including risks relating to:

  • sleep disruption or sleep changes;
  • dream intensity, nightmares, lucid dreaming experiences, emotional reactions, or altered subjective experiences;
  • stress, discomfort, distraction, fatigue, drowsiness, mood changes, or reduced alertness;
  • headphone, speaker, volume, hearing, tinnitus, or sound sensitivity issues;
  • reliance on alarms, timers, reminders, reality checks, notifications, or app settings;
  • loss of data, failed sync, failed downloads, playback interruptions, software bugs, device issues, or third-party service failures;
  • misuse of the Services, unsafe environments, unsafe volume levels, or failure to follow these Terms.

Except where liability cannot lawfully be excluded, Brainwave Music is not responsible for any injury, loss, damage, claim, cost, consequence, event, incident, outcome, or experience arising from or connected with your use of, inability to use, misuse of, or reliance on the Services.

3. Eligibility

You must be at least 18 years old, or the age of legal majority in your jurisdiction, to use the Services without parent or guardian consent.

If you use the Services on behalf of another person, business, organisation, or legal entity, you represent that you have authority to accept these Terms on their behalf.

If you allow a child or another person to use the Services through your device, account, subscription, purchase, or download, you are responsible for that use.

4. Accounts

Some features may require an account, login, subscription, app store account, web app account, or store checkout account.

You agree to provide accurate information and keep your login details secure. You are responsible for all activity that occurs under your account, device, subscription, purchase account, or login credentials.

You must notify us promptly if you believe your account has been accessed without permission.

We are not responsible for loss or damage caused by your failure to protect your account, email, password, device, or third-party login.

5. Subscriptions, purchases, renewals, and billing

Brainwave Music may offer free features, paid downloads, one-time purchases, subscriptions, trials, promotional access, bundles, upgrades, app access, web player access, or other paid services.

Prices, features, availability, renewal periods, trial terms, inclusions, exclusions, and billing methods may change from time to time.

Subscriptions may renew automatically unless cancelled before the renewal date. Where a subscription is purchased through a third-party app store, payment processor, or platform, your billing, renewal, cancellation, and refund rights may also be governed by that provider's terms.

You are responsible for managing your subscription through the platform where you purchased it, including Apple App Store, Google Play, the Brainwave Music website, or any other applicable checkout provider.

Unless required by law or expressly stated otherwise, payments are non-refundable, non-transferable, and not redeemable for cash.

We may refuse, cancel, suspend, reverse, or limit any order, download, subscription, license, promotion, trial, discount, or account access where we believe there has been fraud, abuse, error, misuse, payment failure, chargeback, breach of these Terms, security risk, illegal activity, or any other lawful reason.

6. Australian Consumer Law and non-excludable rights

Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, warranty, right, remedy, liability, or protection that cannot lawfully be excluded, restricted, or modified under the Australian Consumer Law or any other applicable law.

Where we are permitted by law to limit our liability for breach of a consumer guarantee or similar obligation, our liability is limited, at our choice, to one or more of the following:

  • supplying the relevant services again;
  • paying the cost of having the relevant services supplied again;
  • replacing the relevant goods or digital products;
  • supplying equivalent goods or digital products;
  • repairing the relevant goods or digital products;
  • paying the cost of replacing or repairing the relevant goods or digital products; or
  • refunding the amount paid for the affected goods, digital products, or services.

7. No guarantees of results

Brainwave Music does not guarantee any specific result, benefit, state, sleep outcome, dream outcome, focus outcome, meditation outcome, health outcome, emotional outcome, productivity outcome, spiritual outcome, or personal transformation.

Any descriptions of audio purposes, frequencies, brainwave ranges, sleep routines, focus states, meditation states, lucid dreaming methods, or relaxation benefits are general product descriptions only. They are not promises, guarantees, medical claims, or professional advice.

Your experience may vary depending on your device, environment, volume level, listening method, sleep routine, personal condition, consistency, expectations, and other factors outside our control.

8. Software features and app functionality

The Services may include software features such as:

  • web player access;
  • Android app access;
  • iOS app access;
  • music playback;
  • offline downloads;
  • playlists;
  • smart search;
  • sleep timer;
  • smart alarm;
  • reality checks;
  • dream journal;
  • voice recording;
  • transcription;
  • rain or ambience mixing;
  • beat maker tools;
  • binaural beat tools;
  • isochronic tone tools;
  • frequency presets;
  • visualizer features;
  • notifications;
  • account syncing;
  • subscription management;
  • music store access;
  • app-to-web or cross-device syncing.

Features may be added, changed, limited, suspended, removed, renamed, redesigned, or discontinued at any time.

We do not guarantee that any feature will always be available, uninterrupted, error-free, compatible with every device, compatible with every operating system, or available in every location.

We may release updates, patches, fixes, redesigns, migrations, or new versions. You may need to update the app, browser, operating system, payment method, or device to keep using some features.

9. Beta, experimental, and AI-assisted features

Some features may be experimental, automated, AI-assisted, or provided in beta form, including transcription, search, recommendations, generated text, journal processing, tagging, categorisation, or other assistive functionality.

These features may be inaccurate, incomplete, delayed, unavailable, or unsuitable for your needs. You are responsible for reviewing and verifying any output before relying on it.

Brainwave Music is not responsible for decisions, actions, omissions, interpretations, emotional responses, or outcomes based on automated, AI-assisted, or experimental features, except where liability cannot lawfully be excluded.

10. User content

The Services may allow you to create, upload, save, record, transcribe, sync, export, or share content, including dream journal entries, voice recordings, notes, playlists, preferences, feedback, support messages, or other user-generated material ("User Content").

You retain ownership of your User Content. You grant Brainwave Music a worldwide, non-exclusive, royalty-free license to host, store, process, transmit, reproduce, display, modify, format, transcribe, analyse, back up, and use your User Content only as reasonably necessary to provide, maintain, secure, improve, troubleshoot, and support the Services.

You are responsible for your User Content and for ensuring you have the right to provide it to us.

You must not upload, record, store, transmit, or share anything that is illegal, abusive, invasive of privacy, infringing, malicious, deceptive, hateful, sexually exploitative, harmful to minors, or otherwise harmful.

We may remove, restrict, disable, delete, or refuse to process User Content if we believe it breaches these Terms, creates risk, violates law, infringes rights, threatens security, or may expose Brainwave Music or others to liability.

You are responsible for keeping independent backups of anything important. To the maximum extent permitted by law, Brainwave Music is not liable for lost, deleted, corrupted, unavailable, unsynced, mistranscribed, inaccessible, or unrecoverable User Content.

11. Music downloads and personal use

Unless a separate written license says otherwise, music, audio files, downloads, streams, artwork, visuals, written content, and other materials supplied by Brainwave Music are provided for your personal, private, non-commercial use only.

You must not copy, upload, share, sell, resell, redistribute, broadcast, sublicense, remix, sample, train AI models on, publish, monetise, make available, or commercially exploit Brainwave Music content without our prior written permission or a valid written license from us.

Buying a download, subscription, or app access does not transfer copyright or ownership to you.

12. Licensing and business use

If you want to use Brainwave Music in videos, films, apps, games, podcasts, livestreams, events, commercial projects, therapy rooms, businesses, public spaces, recordings, products, advertising, social media content, or any other project outside personal private listening, you must obtain the correct written license from Brainwave Music.

Any license must be granted in writing and may include specific limits, fees, attribution requirements, territory limits, usage limits, duration, platform permissions, and other conditions.

Brainwave Music may approve, reject, revoke, limit, or condition licensing requests at our discretion, subject to applicable law and any written agreement already in force.

12.1 One track per license

Unless a written license says otherwise, each Brainwave Music license covers:

  • one customer or licensee;
  • one purchased Brainwave Music track;
  • one approved use type; and
  • one final project, venue, app, software product, or use case, depending on the license purchased.

One license does not cover the full Brainwave Music catalogue, free YouTube versions, app-only tracks, unreleased tracks, edited or remixed versions not supplied by Brainwave Music, or future Brainwave Music releases.

12.2 No ownership transfer

Buying a track, download, subscription, app access, or license does not transfer ownership of the music.

You receive only the limited, non-exclusive, non-transferable rights expressly stated in the applicable written license. Brainwave Music keeps all copyright, master rights, composition rights, publishing rights, trademarks, branding, and other intellectual property rights.

12.3 Standard license categories

Brainwave Music may offer standard licenses including:

  • Student Project License;
  • Creator & Media License;
  • Guided Meditation & Voiceover License;
  • Performance & Venue License; and
  • App & Software License.

Each standard license has its own permitted uses, restrictions, credit requirements, and termination rules. If your intended use is not clearly covered by the license you purchased, you must contact Brainwave Music before using the track.

12.4 No resale or redistribution of tracks

Unless Brainwave Music gives separate written permission, you must not:

  • sell the track by itself;
  • give away the track by itself;
  • upload the track as stock music;
  • include the track in a sample pack, sound library, music bundle, or audio library;
  • claim the track as your own music;
  • make the track available for download as a standalone file; or
  • allow users, customers, students, subscribers, app users, staff, contractors, or attendees to extract the track.

12.5 No music streaming platform distribution by default

Standard licenses do not allow you to distribute a final product containing a Brainwave Music track through music streaming platforms, digital music stores, distributor networks, royalty collection systems, or similar services.

This includes Spotify, Apple Music, YouTube Music, Amazon Music, Tidal, Deezer, Pandora, SoundCloud monetization or distribution, Bandcamp, Audiomack, DistroKid, TuneCore, CD Baby, Ditto, RouteNote, Amuse, UnitedMasters, and similar platforms or distributors.

This restriction also applies to guided meditations, hypnosis tracks, affirmations, sleep stories, breathwork audio, coaching audio, spoken-word wellness products, albums, singles, meditation albums, sleep albums, frequency albums, and streaming catalogue items.

Any music-platform distribution requires separate written approval from Brainwave Music under a custom license.

12.6 No Content ID or rights management registration

You must not register a Brainwave Music track or any final product containing a Brainwave Music track with YouTube Content ID, Meta Rights Manager, TikTok rights management, Audible Magic, Pex, Identifyy, AdRev, TuneCore Content ID, DistroKid YouTube Content ID, CD Baby YouTube monetization, distributor fingerprinting systems, copyright databases, or any audio fingerprinting system that may claim, block, mute, monetize, or restrict Brainwave Music or other licensed users.

If you use a distributor, network, MCN, agency, publisher, or platform that automatically adds content to rights management systems, you are responsible for opting out.

12.7 YouTube copyright claims

Brainwave Music tracks may be protected by copyright identification systems.

If you receive a copyright claim on a permitted YouTube use, you may dispute the claim using your purchase receipt or license as proof of permission. A copyright claim is not automatically a copyright strike.

Brainwave Music may assist with valid claims where possible, but does not guarantee release times, platform decisions, monetization outcomes, or third-party claim handling.

12.8 No medical claims in licensed products

You must not use Brainwave Music in a way that claims or implies that the music diagnoses, treats, cures, prevents, or replaces medical, psychological, neurological, psychiatric, or therapeutic care.

Permitted general wellness wording may include relaxation, meditation, sleep support, focus support, calming audio, wellness audio, ambient soundscape, or nervous system support.

You must avoid claims such as cures insomnia, treats ADHD, heals trauma, prevents anxiety, fixes depression, guarantees lucid dreaming, medically proven treatment, or replaces therapy or medication.

12.9 No AI training or dataset use

Unless Brainwave Music gives separate written permission, you must not use Brainwave Music tracks for AI model training, machine learning datasets, audio generation datasets, voice or music cloning, synthetic media generation, sample extraction for AI tools, prompt-based music generation systems, or any tool designed to learn from, reproduce, imitate, remix, or generate similar music.

12.10 Harmful or damaging use

You must not use Brainwave Music in content that is hateful, defamatory, exploitative, pornographic, graphically violent, deceptive, fraudulent, politically extremist, unlawful, abusive, designed to harass or degrade protected groups, or likely to damage the reputation of Brainwave Music or Kurt Attard.

12.11 Credit

Unless the applicable license says otherwise, credit should be included where credits or descriptions are reasonably available.

Recommended credit:

Music: "[Track Title]" by Kurt Attard, licensed by Brainwave Music.
brainwavemusic.com

For platforms with limited space, a shorter credit may be used:

Music licensed from Brainwave Music.

Credit does not replace the need to purchase the correct license.

12.12 Refunds, termination, and governing law for licenses

License fees are generally non-refundable once the audio file has been downloaded, accessed, delivered, or used, except where required by applicable law.

Brainwave Music may terminate a license if the customer breaches the agreement. After termination, the customer must stop using the licensed track, stop distributing the final product where applicable, remove infringing content where reasonably possible, and disable access to any exposed or extractable licensed material.

Unless a written license states otherwise, Brainwave Music licenses are governed by the laws of New South Wales, Australia, and the parties submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia.

13. Intellectual property

All rights, title, and interest in and to the Services, including music, audio, software, code, designs, names, logos, trademarks, text, graphics, artwork, videos, interfaces, visualizers, databases, features, layouts, files, and content, are owned by Brainwave Music or its licensors.

You are granted only a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Services for your personal use in accordance with these Terms.

All rights not expressly granted are reserved.

14. Prohibited conduct

You must not:

  • use the Services unlawfully or deceptively;
  • use the Services in a way that harms, disrupts, overloads, damages, disables, or interferes with Brainwave Music or others;
  • attempt to bypass subscriptions, paywalls, licensing restrictions, access controls, security systems, usage limits, DRM, or technical protection measures;
  • scrape, crawl, index, copy, mirror, frame, reverse engineer, decompile, disassemble, extract, or attempt to derive source code from the Services except where lawfully permitted;
  • upload malware, spyware, viruses, harmful code, spam, or automated requests;
  • share accounts, subscriptions, downloads, license keys, private links, or paid content outside permitted use;
  • impersonate another person or misrepresent your identity or affiliation;
  • infringe copyright, trade marks, privacy, confidentiality, or other rights;
  • use Brainwave Music content to train, fine-tune, evaluate, or develop AI systems without written permission;
  • use the Services for medical, emergency, clinical, therapeutic, or safety-critical purposes;
  • use the Services while driving, operating machinery, or doing anything requiring attention;
  • abuse refunds, trials, promotions, subscriptions, chargebacks, support channels, or licensing processes;
  • harass, threaten, abuse, exploit, or harm Brainwave Music, its users, staff, contractors, partners, or service providers.

15. Suspension, cancellation, bans, and termination

To the maximum extent permitted by law, we may suspend, restrict, disable, cancel, terminate, ban, block, remove, refuse, or limit your access to any account, subscription, download, license, feature, platform, purchase, content, communication channel, or Service at any time if we believe that:

  • you breached these Terms;
  • you violated any law or third-party right;
  • you created risk, liability, disruption, or harm;
  • your payment failed, was reversed, disputed, fraudulent, or charged back;
  • your conduct was abusive, threatening, exploitative, deceptive, unsafe, or harmful;
  • your account or activity created a security, technical, operational, reputational, legal, or commercial risk;
  • you misused support, refunds, licensing, subscriptions, or downloads;
  • we are required or encouraged to do so by law, a regulator, a platform provider, app store, payment provider, hosting provider, or rights holder;
  • we discontinue a feature, product, platform, region, or service; or
  • we have another lawful reason.

Where reasonably practical, we may give notice, but we are not required to give notice where urgent action is needed or where notice may increase risk.

Termination, suspension, cancellation, restriction, or banning does not limit any rights or remedies available to Brainwave Music. You remain responsible for amounts owed, losses caused, misuse, infringement, chargebacks, fees, costs, and any other liability arising before or after termination.

16. User liability and indemnity

You agree to indemnify, defend, and hold harmless Brainwave Music, its owners, directors, officers, employees, contractors, licensors, partners, service providers, and affiliates from and against any claims, demands, losses, liabilities, damages, costs, expenses, chargebacks, penalties, fines, legal fees, and proceedings arising out of or connected with:

  • your access to or use of the Services;
  • your misuse of the Services;
  • your breach of these Terms;
  • your breach of any law or third-party right;
  • your User Content;
  • your unsafe use of audio, apps, downloads, alarms, timers, notifications, headphones, speakers, or software features;
  • your commercial use, redistribution, upload, publication, or licensing breach;
  • your fraud, abuse, harassment, chargeback, refund abuse, or payment dispute;
  • your reliance on any wellness, sleep, focus, dream, journaling, frequency, or software feature.

This indemnity applies to the maximum extent permitted by law and survives termination of these Terms.

17. Disclaimers

The Services are provided on an "as is" and "as available" basis.

To the maximum extent permitted by law, Brainwave Music disclaims all warranties, representations, guarantees, and conditions, whether express, implied, statutory, or otherwise, including warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, reliability, uninterrupted availability, error-free operation, device compatibility, security, data preservation, or suitability for any particular purpose.

To the maximum extent permitted by law, Brainwave Music does not warrant that:

  • the Services will meet your expectations;
  • the Services will be uninterrupted, secure, timely, or error-free;
  • downloads, streams, subscriptions, accounts, sync, alarms, timers, notifications, or playback will always work;
  • defects will be corrected immediately or at all;
  • any content, frequency, beat, sound, track, feature, or recommendation will produce any particular result;
  • any User Content will be stored, backed up, restored, transcribed, synced, or preserved without error.

18. Limitation of liability

To the maximum extent permitted by law, Brainwave Music and its owners, directors, officers, employees, contractors, licensors, partners, service providers, and affiliates will not be liable for any indirect, incidental, special, consequential, exemplary, punitive, aggravated, or economic loss or damage, including loss of profits, revenue, goodwill, data, content, sleep, opportunity, business, reputation, enjoyment, device functionality, or emotional wellbeing, even if we were advised that such loss may occur.

To the maximum extent permitted by law, Brainwave Music will not be liable for any claim, damage, loss, cost, incident, injury, event, or consequence arising from:

  • your use of, inability to use, misuse of, or reliance on the Services;
  • audio playback, headphones, speakers, volume levels, sleep use, focus use, alarms, timers, notifications, or reality checks;
  • dream experiences, lucid dreaming attempts, nightmares, emotional reactions, sleep disruption, fatigue, distraction, or subjective experiences;
  • User Content loss, deletion, corruption, mistranscription, failed sync, failed backup, or unauthorised access;
  • third-party platforms, app stores, payment providers, analytics providers, hosting providers, email providers, transcription providers, AI providers, or external links;
  • viruses, malware, unauthorised access, service interruptions, software bugs, compatibility issues, or device problems;
  • your breach of these Terms or unsafe use of the Services.

To the maximum extent permitted by law, our total aggregate liability for all claims arising out of or connected with the Services or these Terms is limited to the greater of:

  • the amount you paid directly to Brainwave Music for the affected paid Service in the three months before the event giving rise to the claim; or
  • AUD $100.

These limitations apply regardless of the legal theory, including contract, tort, negligence, statute, equity, strict liability, product liability, or otherwise, and survive termination.

19. Third-party services

The Services may depend on, link to, integrate with, or be distributed through third-party services such as app stores, payment processors, hosting providers, analytics providers, email providers, transcription providers, AI providers, advertising platforms, device operating systems, browsers, social networks, music platforms, and external websites.

We do not control third-party services and are not responsible for their content, policies, availability, performance, decisions, charges, refunds, errors, outages, security, data handling, or actions.

Your use of third-party services may be governed by their own terms and policies.

20. App store terms

If you download or purchase access through Apple App Store, Google Play, or another app distribution platform, you also agree to the applicable platform terms.

The platform provider is not responsible for maintaining or supporting Brainwave Music unless required by its own terms. Billing, cancellation, renewal, and refunds for app-store purchases may need to be managed through the relevant platform.

If there is a conflict between these Terms and mandatory app store terms, the mandatory app store terms apply only to the extent of the conflict.

21. Changes to the Services and Terms

We may update these Terms from time to time. The updated version will be effective when posted unless stated otherwise.

We may modify, suspend, discontinue, replace, limit, or remove any part of the Services at any time, including features, pricing, subscriptions, tracks, downloads, licensing options, app functionality, integrations, or availability.

Your continued use of the Services after changes become effective means you accept the updated Terms.

If you do not agree to updated Terms, you must stop using the Services and cancel any subscription through the applicable billing platform.

22. Privacy

Your use of the Services is also governed by our Privacy Policy and Cookie Policy.

Please read those policies carefully to understand how we may collect, use, disclose, store, and protect information.

23. Support and communications

You agree that we may contact you about your account, purchases, subscriptions, security, support requests, updates, policy changes, and service notices by email, in-app message, website notice, push notification, or other reasonable method.

You can contact Brainwave Music at:

contact@brainwavemusic.com

24. Governing law

These Terms are governed by the laws of New South Wales, Australia, without regard to conflict of law principles.

You agree that the courts of New South Wales, Australia have non-exclusive jurisdiction over disputes arising out of or connected with these Terms or the Services.

25. Severability

If any part of these Terms is found to be invalid, unlawful, void, or unenforceable, that part will be severed or read down to the minimum extent necessary, and the remaining parts will continue in full force and effect.

26. Entire agreement

These Terms, together with any additional terms, policies, written licenses, subscription terms, app store terms, purchase terms, Privacy Policy, and Cookie Policy that apply to your use of the Services, form the entire agreement between you and Brainwave Music regarding the Services.

27. Contact

If you have questions about these Terms, contact:

Brainwave Music
Email: contact@brainwavemusic.com