Terms of Use

Our Services are licensed to you, the End User, by the Licensor (the MindState app publisher) for use only in accordance with the terms of this License Agreement.

By downloading the Application from Google Play, the Apple App Store, or another store, and any update thereto (as permitted by this License Agreement), You indicate that You agree to be bound by all of the terms and conditions of this License Agreement, and that You accept this License Agreement.

The parties of this License Agreement acknowledge that Google and Apple are not Parties to this License Agreement and are not bound by any provisions or obligations with regard to the Application, such as warranty, liability, maintenance and support thereof. The Licensor, not Google or Apple, is solely responsible for the licensed Application and the content thereof.

This License Agreement may not provide for usage rules for the Application that are in conflict with the latest Google Play Terms of Service or Apple Media Services Terms and Conditions. The Licensor acknowledges that it had the opportunity to review said terms and this License Agreement is not conflicting with them.

All rights not expressly granted to You are reserved.

Language. This License Agreement is drafted in English. Any translation is provided for convenience only. If there is any discrepancy or conflict between the English version and a translated version, the English version is the authoritative source and prevails.

1. The Application

MindState (hereinafter: Application) is a mobile application for Android and iOS for creating and playing binaural beats, monaural beats, isochronic tones, noise, ambient soundscapes, and related audio mixes. The Application includes mix editors, a mix library, preview playback, playback of your own audio files, and support for sharing mixes via QR codes and links.

The Application is intended to support relaxation, sleep, focus, meditation, and general personal wellbeing. An overview of the scientific research that informs the Application is available at binauralbeatstudio.com.

The Application is a wellness tool, not a medical device. It does not provide medical, psychological, or therapeutic advice, and it is not intended to diagnose, treat, cure, or prevent any disease or condition. The Application is not tailored to comply with industry-specific regulations (such as HIPAA, FISMA, or medical device regulations). If your use would be subject to such laws, you may not use this Application. You may not use the Application in a way that would violate applicable law.

2. Responsible Use and Health Notice

Like any audio application, MindState must be used responsibly. By using the Application, You acknowledge and agree to the following:

2.1 Listening volume. Always listen at a comfortable, moderate volume. Listening to any audio at high volume, or for extended periods, can cause permanent hearing damage. You are solely responsible for the volume levels and listening durations You choose, on whatever headphones, earphones, or speakers You use.

2.2 No use during activities requiring attention. Do not use the Application while driving, cycling, operating machinery, or performing any other activity that requires your full attention. Mixes intended for relaxation or sleep can reduce alertness.

2.3 Medical conditions. If You have epilepsy, a seizure disorder, a heart condition, a pacemaker, tinnitus or another hearing condition, or if You are pregnant, consult a qualified physician before using rhythmic audio stimulation. Stop using the Application immediately and seek medical advice if You experience discomfort, dizziness, headaches, ringing in the ears, or other adverse effects.

2.4 Individual results vary. Research into auditory beat stimulation is ongoing, and individual responses differ. The Licensor makes no guarantee that the Application will produce any particular effect for You.

2.5 Children. Use by minors must be supervised by a parent or guardian, who accepts these terms on the minor’s behalf and is responsible for safe listening volumes.

3. Scope of License

3.1 You are given a non-transferable, non-exclusive, non-sublicensable license to install and use the Application on devices that You (End User) own or control, as permitted by the Usage Rules set forth in this section and the terms of service of the store from which You obtained the Application.

3.2 This license also governs any updates of the Application provided by the Licensor that replace, repair, and/or supplement the first Application, unless a separate license is provided for such update, in which case the terms of that new license will govern.

3.3 You may not share or make the Application available to third parties (except as allowed by the applicable store terms and conditions, and with the Licensor’s prior written consent), sell, rent, lend, lease or otherwise redistribute the Application.

3.4 You may not reverse engineer, translate, disassemble, decompile, integrate, remove, modify, combine, create derivative works or updates of, adapt, or attempt to derive the source code of the Application, or any part thereof (except with the Licensor’s prior written consent).

3.5 You may not copy (except when expressly authorized by this license and the Usage Rules) or alter the Application or portions thereof. You may create and store copies only on devices that You own or control for backup purposes under the terms of this license, the applicable store terms of service, and any other terms and conditions that apply to the device or software used. You may not remove any intellectual property notices. You acknowledge that no unauthorized third parties may gain access to these copies at any time.

3.6 Violations of the obligations mentioned above, as well as the attempt of such infringement, may be subject to prosecution and damages.

3.7 The Licensor reserves the right to modify the terms and conditions of this license.

3.8 Nothing in this license should be interpreted to restrict third-party terms. When using the Application, You must ensure that You comply with applicable third-party terms and conditions.

4. Purchases and Subscriptions

4.1 Parts of the Application are offered through optional auto-renewing subscriptions and one-time in-app purchases (such as sound sample packs). Prices, billing periods, and included features are shown in the Application and the store listing before purchase.

4.2 All payments are processed by Google Play or the Apple App Store. Subscriptions renew automatically unless cancelled at least 24 hours before the end of the current period. You can manage and cancel subscriptions in your store account settings. Refunds are governed by the policies of the respective store.

4.3 Purchased content and subscription features are licensed, not sold, to You under the terms of this License Agreement.

5.1 You may load your own audio files into the Application and create your own mixes. You are responsible for ensuring You have the rights to any audio You use, and that your use complies with applicable copyright law.

5.2 The Application lets You share mixes as QR codes or links. Sharing is initiated by You; shared data contains the mix definition (not your personal data). You are responsible for what You share and with whom.

6. Technical Requirements

6.1 The Application requires Android 6.0 (API level 23) or higher, or iOS 15 or higher. The Licensor recommends using a recent version of the operating system.

6.2 Binaural beats require stereo headphones or earphones to be effective. Monaural beats and isochronic tones can also be used with speakers.

6.3 The Licensor attempts to keep the Application updated so that it complies with modified or new versions of the operating systems and new hardware. You are not granted rights to claim such an update.

6.4 You acknowledge that it is Your responsibility to confirm and determine that the device on which You intend to use the Application satisfies the technical specifications mentioned above.

6.5 The Licensor reserves the right to modify the technical specifications as it sees appropriate at any time.

7. Maintenance and Support

7.1 The Licensor is solely responsible for providing any maintenance and support services for this licensed Application. You can reach the Licensor at the contact details listed in the Google Play or App Store listing for this Application.

7.2 The Licensor and the End User acknowledge that Google and Apple have no obligation whatsoever to furnish any maintenance and support services with respect to the Application.

8. Use of Data

You acknowledge that the Licensor will be able to access and adjust Your downloaded licensed Application content and Your personal information, and that the Licensor’s use of such material and information is subject to Your legal agreements with the Licensor and the Licensor’s privacy policy: Privacy Policy.

9. Warranty

9.1 The Application is provided “as is” and “as available”, without warranty of any kind. To the maximum extent permitted by applicable law, the Licensor disclaims all warranties, whether express, implied, statutory, or otherwise, including any implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

9.2 The Licensor does not warrant that the Application will be uninterrupted or error-free, that defects will be corrected, or that the Application will produce any particular wellness outcome.

9.3 If the Application fails to conform to any applicable warranty that cannot be disclaimed, You may notify the relevant store; the store may refund the purchase price in accordance with its policies. To the maximum extent permitted by applicable law, the store has no other warranty obligation with respect to the Application.

10. Limitation of Liability

10.1 To the maximum extent permitted by applicable law, the Licensor shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of data, arising out of or related to Your use of, or inability to use, the Application.

10.2 Without limiting the foregoing, and to the maximum extent permitted by applicable law, the Licensor shall not be liable for hearing loss, hearing damage, tinnitus, sleep disturbance, or any other physical, psychological, or health-related effects attributed to use of the Application. You are responsible for using the Application in accordance with Section 2 (Responsible Use and Health Notice), including choosing safe listening volumes and durations.

10.3 To the maximum extent permitted by applicable law, the Licensor’s total aggregate liability arising out of or related to this License Agreement shall not exceed the amount You paid for the Application and in-app purchases in the twelve (12) months preceding the event giving rise to the claim.

10.4 Nothing in this License Agreement excludes or limits liability that cannot be excluded or limited under applicable law, including liability for intent or gross negligence.

11. Termination

This license is valid until terminated by the Licensor or by You. Your rights under this license will terminate automatically and without notice if You fail to adhere to any of its terms. Upon termination You shall stop all use of the Application and destroy all copies of it.

12. Intellectual Property

The Application, including its audio engine, bundled mixes, artwork, and branding, is protected by copyright and other intellectual property laws and remains the property of the Licensor or its licensors. Claims of intellectual property infringement should be addressed to the Licensor at the contact details in the store listing; the Licensor, not Google or Apple, is responsible for the investigation and resolution of such claims.

13. Changes to These Terms

The Licensor may update these terms from time to time, for example to reflect new features or legal requirements. The current version is always available at this location. Continued use of the Application after changes take effect constitutes acceptance of the revised terms.

14. Applicable Law and Contact

This License Agreement is governed by the laws of the Netherlands, excluding its conflicts of law rules, without prejudice to mandatory consumer protection rules of the country in which You live.

Questions about these terms can be sent to the contact address listed in the Google Play or App Store listing for the Application.

Last updated: June 2026.