MelloTone Studios

Terms and Conditions

Last updated: October 20, 2026

What changed on October 20, 2026. In "Buying Premium on the Website", We now say that any sales tax Link collects is added to the price shown, not included in it. Nothing else changed.

What changed on October 19, 2026. In "Buying Premium on the Website", We now explain that renewal dates follow the time of purchase in Coordinated Universal Time (UTC), with an example, and promise a full refund of any charge made before a charge date the Website showed You before You bought, or after You cancelled by a deadline it showed. The automatic renewal terms are now in bold. Nothing changed for Subscriptions bought in the Application.

What changed on October 18, 2026. These Terms now also cover Binaural Beats on the web, at listen.mellotonestudios.com (the "Website"), including its optional Account and buying Premium on the Website, which Link (a service of Stripe) sells in the United States and its territories. See "Using the Website" and "Buying Premium on the Website" below. We also added Our phone number, which courts hear disputes, where to send copyright notices, and a notice for California users. For Subscriptions bought in the Application, billing, renewal, cancellation and refunds do not change. For anyone who used the Application before October 18, 2026, the new paragraph on which courts hear disputes applies from November 17, 2026.

Please read these terms and conditions carefully before using Our Service.

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of these Terms and Conditions:

  • Account means an optional account You create on the Website by signing in with Google or with an email address and password. The Application has no accounts.

  • Application means the software program provided by the Company downloaded by You on any electronic device, named Binaural Beats Brainwaves on Google Play and Binaural Beats Sleep & Focus on the App Store

  • Application Store means the digital distribution service operated and developed by Apple Inc. (Apple App Store) or Google LLC (Google Play Store) in which the Application has been downloaded.

  • Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.

  • Country refers to: Illinois, United States

  • Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to MelloTone Studios LLC, 422 S Main Street #1129, Lombard, IL 60148, United States.

  • Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.

  • Feedback means feedback, innovations or suggestions sent by You regarding the attributes, performance or features of our Service.

  • Free Trial refers to a limited period of time that may be free when purchasing a Subscription.

  • In-app Purchase refers to the purchase of a product, item, service or Subscription made through the Application and subject to these Terms and Conditions and/or the Application Store's own terms and conditions.

  • Link means Link, a service of Stripe, which sells Premium on the Website as the seller of record.

  • Premium means the paid features of the Service that a Subscription unlocks.

  • Promotions refer to discounts or limited-time offers on Subscriptions made available through the Service.

  • Service refers to the Application and the Website.

  • Subscriptions refer to the services or access to the Service offered on a subscription basis by the Company to You, sold through an Application Store or, on the Website, by Link.

  • Terms and Conditions (also referred as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.

  • Website means Binaural Beats on the web, at https://listen.mellotonestudios.com.

  • Website Subscription means a Subscription bought on the Website.

  • You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Acknowledgment

These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.

By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.

You represent that you are 18 years of age or older. The Company does not permit those under 18 to use the Service.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

Subscriptions in the Application

This section covers Subscriptions bought in the Application through an Application Store. Subscriptions bought on the Website are covered in "Buying Premium on the Website" below, and where the two differ, that section applies to Website Subscriptions.

Subscription period

The Service or some parts of the Service are available only with a paid Subscription. You will be billed in advance on a recurring and periodic basis (monthly or annually), depending on the type of Subscription plan you select when purchasing the Subscription.

At the end of each period, Your Subscription will automatically renew under the exact same conditions unless You cancel it or the Company cancels it.

Subscription cancellations

You may cancel Your Subscription renewal at any time through Your Google Play account's subscription settings or, on Apple devices, through Your App Store subscription settings. Uninstalling the Application does not cancel Your Subscription.

You will not receive a refund for the fees You already paid for Your current Subscription period and You will be able to access the Service until the end of Your current Subscription period.

Billing

All billing is handled by the Application Store from which You downloaded the Application and is governed by the Application Store's own terms and conditions. We never see or store Your payment card details.

Fee Changes

The Company, in its sole discretion and at any time, may modify the Subscription fees. Any Subscription fee change will become effective at the end of the then-current Subscription period.

You will receive prior notice of any change in Subscription fees through the Application Store (and, where the Application Store requires it, Your consent to the new price) before the change takes effect, giving You an opportunity to cancel Your Subscription first.

Refunds

Except when required by law, paid Subscription fees are non-refundable.

Certain refund requests for Subscriptions may be considered by the Company on a case-by-case basis and granted at the sole discretion of the Company.

If the Subscription has been made through an In-app purchase, the Application Store's refund policy will apply. If You wish to request a refund, You may do so by contacting the Application Store directly.

Free Trial

The Company may, at its sole discretion, offer a Subscription with a Free Trial for a limited period of time.

Sign-up for a Free Trial is handled by the Application Store and may require a payment method on file with the Application Store. You will not be charged until the Free Trial has expired. At the end of the Free Trial period, unless You cancel Your Subscription through the Application Store, You will be automatically charged the applicable Subscription fee for the plan You selected.

At any time and without notice, the Company reserves the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free Trial offer.

In-app Purchases

The only In-app Purchases currently offered in the Application are the Subscriptions described above. All billing and transaction processing for In-app Purchases is handled by the Application Store from which You downloaded the Application and is governed by that Application Store's own terms and conditions. In-app Purchases cannot be redeemed for cash or other consideration or otherwise transferred.

If You have any payment-related issues with an In-app Purchase, please contact the Application Store directly; refund requests are subject to the Refunds section above.

Using the Website

You can listen on the Website without an Account. An Account is needed only to buy and use Premium on the Website.

Your Account

If You create an Account, keep Your sign-in details to yourself and tell Us at once if You think someone else is using Your Account. You can delete Your Account at any time on the Website, in Settings under Account. Deleting Your Account does not cancel a Website Subscription, so cancel it first (see "How to cancel" below).

What stays in Your browser

Your settings, saved mixes, custom beats and sessions on the Website are kept in Your browser's own storage on Your Device. We do not receive them and cannot restore them. Clearing Your browser's data for the Website deletes them, so keep a copy of anything that matters to You.

Buying Premium on the Website

This section covers Premium bought on the Website. The rest of these Terms apply to it too, but where they differ, this section governs Website Subscriptions.

Who sells it

Link, a service of Stripe, sells Premium on the Website as the seller of record. The checkout says "Sold through Link", You pay Link, and Your card or bank statement shows the charge as LINK.COM* followed by a short description. We provide Premium itself. Link's own terms and policies also apply to Your payment. We never see or store Your payment card details.

Who can buy

  • Where. Buying on the Website is open only to visitors We place, from their IP address, in the United States, Puerto Rico, Guam, the US Virgin Islands, American Samoa or the Northern Mariana Islands, and You must be in one of these places when You buy. Elsewhere the Website shows the prices but does not sell.
  • Sign-in. You must be signed in to an Account to buy. Your Website Subscription belongs to that Account.
  • Age. You must be at least 18 years old to buy. If the age of majority where You live is older than 18, You also need Your parent's or guardian's permission until You reach it.

Plans, prices and free trials

  • The Website offers a monthly plan and a yearly plan, and sometimes a discounted yearly offer. Each plan's price and billing period are shown on the Website beside the button before You buy, and again on the checkout page. Prices are charged in US dollars, and any sales tax Link collects is added to the price shown.
  • The monthly plan has no free trial. The yearly plan, and a discounted yearly offer, may include a free trial; when one does, the Website shows its length before You buy (7 days when these Terms were last updated).
  • A discounted yearly offer renews every year at the price shown with it, until You cancel or the price changes as described under "Price changes" below.
  • We may change the plans, prices and free trials offered for new purchases at any time. That does not change a Website Subscription You already have, except as described under "Price changes".

Automatic renewal and when You are charged

A Website Subscription renews automatically at the end of each period, and Link charges the payment method You gave at checkout, until You cancel. Each charge pays for the period ahead.

  • Monthly plan: You are charged when You buy, and then once every month.
  • Yearly plan without a free trial: You are charged when You buy, and then once every year.
  • Yearly plan with a free trial: You are not charged when You start the trial. Your first charge is made about an hour after the trial ends (7 days after You start it, for a 7-day trial) unless You cancel before it ends, and then once every year.

Renewal dates follow the date and time of Your purchase, or of the end of Your free trial, in Coordinated Universal Time (UTC), and each renewal charge is made about an hour after that time. UTC is ahead of the time in most of the United States, so a renewal can fall on a different day of the month than the day You bought, depending on Your time zone, the time of day and daylight saving time. A month without that UTC day (for example the 31st, or February 29 in a year that is not a leap year) renews on its last day, counted in UTC. For example, a purchase at 7 pm on January 28 in Chicago is already January 29 in UTC, so in February, which has no 29th, the renewal comes on February 28 in UTC, which is the evening of February 27 in Chicago.

Before You buy, the Website shows when You will be charged and by when to cancel to avoid a charge, worked out for the time zone Your device is set to. Where it cannot name an exact day, it shows the earliest date of Your next charge and asks You to cancel a set number of days before a renewal, and when it does not know a free trial's length, it asks You to cancel before the free trial ends. If You are ever charged before a charge date the Website showed You before You bought, or after You cancelled by a deadline it showed, tell Us and We will refund that charge in full. This does not cover a charge caused by a plan switch You made (see "Changing plans"). You can also cancel later, as long as You cancel before the free trial or the paid period ends, as described under "How to cancel".

Each renewal is charged at the price of Your plan at that time, which is the price You agreed to unless it has changed as described under "Price changes", and any sales tax Link collects is added to each charge. If a renewal payment fails, Link may try it again, and Premium may stop until the payment succeeds or the Website Subscription ends.

Changing plans

If You switch between the monthly and yearly plans in Stripe's customer portal, the switch can change how much You are charged and when. You may be charged for the new plan at the time of the switch, and Your renewal date may move to the date and time of the switch, counted in UTC. From then on, the new plan's price and renewal dates apply in place of the old plan's. Read what the portal says about the charge before You confirm a switch.

Price changes

A new price for a Website Subscription You already have takes effect only at a renewal, never during a period You have already paid for. Before it applies, We will email You at the address used at checkout, in advance and as the law where You live requires, with the new price and how to cancel. If You do not want to pay the new price, cancel before the renewal it applies to, and You will not be charged it. If the law where You live requires Your consent to a higher price, We will ask for it, and if You do not give it, Your Website Subscription ends at the end of the period You have paid for. If that law instead lets You cancel within a set time after a higher charge and get a refund, You may do so, and We will give the refund it requires.

How to cancel

You can cancel a Website Subscription at any time, online:

  • on the Website, open Settings and, under Account, choose Your email address or "Manage Subscription", then choose "Cancel subscription" (or "Manage billing"); or choose "Manage subscription" on the Premium page. Each opens Stripe's customer portal sign-in, where You enter the email address used at checkout, open the sign-in link Stripe emails You, and then confirm the cancellation;
  • at https://link.com (if You checked out as a guest, Link first asks You to create a Link account), or through Link's support at https://support.link.com; or
  • by emailing Us at contact@mellotonestudios.com, for example if You cannot sign in, from the email address used at checkout if You can. A cancellation by email counts from when We receive it: We will cancel the Website Subscription once We find Your purchase, confirm by email, and refund any charge made after We received Your email.

Cancelling stops the next renewal. It takes effect at the end of the period You have paid for, and You keep Premium until then. If You cancel during a free trial, You are not charged, and Premium ends when the trial ends. Signing out, deleting Your Account or clearing Your browser's data does not cancel a Website Subscription.

Refunds

Link, as the seller of record, handles refunds and payment questions under its own terms and policies, and You can ask Link's support for a refund. Except as described under "Automatic renewal and when You are charged", "How to cancel" and "If We stop Premium or end Your access", or where the law requires otherwise, We do not give refunds or credits for partial periods or for time You did not use, including after You cancel. If You think You were charged by mistake, or something is wrong with Premium, email Us at contact@mellotonestudios.com and We will help. Nothing in these Terms limits a refund Link gives under its own policies or a refund the law gives You.

If We stop Premium or end Your access

If We stop offering Premium on the Website, or end Your access to it for a reason other than Your breach of these Terms, We will cancel Your Website Subscription and refund the unused part of the period You paid for. If We end Your access because You breached these Terms, We will also cancel Your Website Subscription so You are not charged again.

Taxes

Where Stripe handles sales tax for the place You buy from, Link works out, collects and pays the sales tax that applies to Your purchase.

Receipts and emails

Link emails Your receipts and messages about Your Website Subscription, such as a free trial confirmation and renewal reminders, to the email address used at checkout. Keep them as a record of what You bought.

Website and Application purchases are separate

Premium bought on the Website works on the Website, in every browser where You sign in to the same Account. It does not unlock Premium in the Application, and a Subscription bought in the Application through Google Play or the App Store does not unlock Premium on the Website. They are separate purchases, billed separately, so if You buy both, You pay for both. Cancelling one does not cancel the other; cancel each where You bought it.

Promotions

Promotional pricing applies only for the stated offer period and is otherwise subject to these Terms.

On the Website, a time limit shown with a discounted yearly offer is the time You have to buy it. Once bought, the offer renews every year as described in "Automatic renewal and when You are charged", until You cancel.

Intellectual Property

The Service and its content, features and functionality are and will remain the exclusive property of the Company and its licensors.

The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries.

Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.

License

The Company grants You a limited, revocable, non-exclusive, non-transferable license to use the Application and the Website for Your personal, non-commercial use on devices You own or control, subject to these Terms. You may not: copy, extract, record, or redistribute any audio or other content from the Service; modify, decompile, reverse engineer, or create derivative works of the Application or the Website; or rent, sell, sublicense, or repackage the Application, the Website or their content.

You also may not use bots, scrapers, crawlers, scripts or other automated means to access the Website, to collect its content or catalogue, or to download its sound or image files, or get around any limit or protection We put in place. You may not use content from the Website to train or build another product or service. Search engines that follow Our robots.txt file are welcome.

Copyright notices

If You believe something in the Service infringes Your copyright or other rights, or You want to ask about using Our content, email contact@mellotonestudios.com. Please include what the work is, where it appears in the Service, why You believe it infringes, and how We can reach You.

Your Feedback to Us

You assign all rights, title and interest in any Feedback You provide the Company. If for any reason such assignment is ineffective, You agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.

Links to Other Websites

Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.

The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.

Termination

We may suspend or discontinue the Service, in whole or in part, at any time. If You breach these Terms, Your license to use the Application and the Website terminates immediately and Your right to use the Service will cease. For a Website Subscription, "If We stop Premium or end Your access" above also applies.

Limitation of Liability

Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven't purchased anything through the Service.

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.

"AS IS" and "AS AVAILABLE" Disclaimer

The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

Medical Disclaimer

The Service provides audio content, breathing exercises, and related material intended for relaxation, focus, and general wellness. The Service is not a medical device and is not intended to diagnose, treat, cure, or prevent any disease or medical condition. Nothing in the Service constitutes medical advice, and the Service is not a substitute for professional medical advice, diagnosis, or treatment. We make no guarantee of any particular health or wellness outcome. If You are experiencing severe sleep, anxiety, mood, pain, or other health symptoms, or have questions about a medical condition, consult a qualified healthcare professional. Never disregard professional medical advice or delay seeking it because of something You have read or heard in the Service.

Audio Use and Safety

Do not use the Service while driving, operating machinery, or performing any activity that requires Your full attention. Binaural beats and related audio are intended for use while resting, relaxing, or focusing in a safe environment. Listen at a moderate volume; prolonged listening at high volume may damage Your hearing. If You have epilepsy, a seizure disorder, a heart condition, wear a pacemaker, or have a hearing condition such as tinnitus, consult a doctor before using audio designed to influence brainwave activity. Stop listening and consult a professional if You experience dizziness, discomfort, or other adverse effects. The Service is intended for adults only and is not permitted for use by anyone under 18.

Governing Law and Courts

The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Service may also be subject to other local, state, national, or international laws.

Any legal action about these Terms or the Service that is not resolved informally will be brought only in the state courts located in DuPage County, Illinois, or in the United States District Court for the Northern District of Illinois, and You and the Company agree to the jurisdiction of those courts, unless the law where You live gives You the right to bring it in the courts where You live. For anyone who used the Application before October 18, 2026, this paragraph applies from November 17, 2026.

Disputes Resolution

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company, using the details in "Contact Us" below.

For European Union (EU) Users

If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which You are resident.

For California Users

Under California Civil Code Section 1789.3, California users are entitled to the following notice. The Service is provided by MelloTone Studios LLC, 422 S Main Street #1129, Lombard, IL 60148, United States, telephone (708) 320-8360, email contact@mellotonestudios.com. The Application is free to download and the Website is free to use; only Premium costs money. When these Terms were last updated, Premium on the Website was $3.99 a month or $19.99 a year in US dollars (a discounted yearly offer may cost less). The prices of all Subscriptions are shown before You buy, as described in "Subscriptions in the Application" and "Buying Premium on the Website" above. To resolve a complaint about the Service, contact Us first at those details. You may also contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N-112, Sacramento, CA 95834, or by telephone at (800) 952-5210.

United States Federal Government End Use Provisions

If You are a U.S. federal government end user, our Service is a "Commercial Item" as that term is defined at 48 C.F.R. ยง2.101.

United States Legal Compliance

You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.

Severability and Waiver

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.

Translation Interpretation

These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.

Changes to These Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion. If a change materially affects a Website Subscription You have, We will email You at the address used at checkout before it takes effect, and it will not apply to a period You have already paid for.

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the Service.

Contact Us

If you have any questions about these Terms and Conditions, You can contact us:

  • By email: contact@mellotonestudios.com
  • By phone: (708) 320-8360
  • By mail: MelloTone Studios LLC, 422 S Main Street #1129, Lombard, IL 60148, United States

For payment, receipt or refund questions about a purchase on the Website, You can also contact Link's support at https://support.link.com.