Last Updated: March 11, 2026

1. Acceptance of Terms

Welcome to Background Noises by Third Space ("Company," "we," "our," or "us"). Background Noises is a product of Third Space. By accessing or using our service — including the Background Noises app, Binaural Builder, our website, iOS apps, Android apps, and related applications (collectively, the "Service") — you agree to be bound by these Terms and Conditions ("Terms"). If you do not agree to these Terms, please do not use the Service.

We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms on our website and updating the "Last Updated" date. Your continued use of the Service after such changes constitutes acceptance of the modified Terms.

2. Description of Service

Background Noises by Third Space provides an audio application powered by a cloud backend. The platform offers professionally crafted ambient sounds and customizable binaural beat frequencies designed to support relaxation and focus. The Service includes:

2.1 Core Features

Ambient Sounds: Rain, river, ocean, forest, thunder, fire, underwater, sacred tones, ambient, static noises, and frequencies — 20+ sounds across 4 categories. Sessions from 1 minute to 12 hours.
Binaural Builder: Custom binaural beat designer — multi-segment frequency scheduling with precise carrier and beat frequency control.

2.2 Platform Features

The platform includes the following features:

Professionally produced ambient and background music tracks (powered by ZenMix.io)
Binaural beat integration with multiple brainwave presets (Delta, Theta, Alpha, Beta)
Premium Binaural Journeys: Dynamic frequency ramping for enhanced relaxation and focus experiences (e.g., Sleep Induction, Deep Work, Anxiety Relief)
Premium Binaural Beat Builder: Custom binaural beat creation with precise control over carrier frequencies (60-500 Hz), beat frequencies (0.5-40 Hz), intensity levels, multi-segment scheduling, and optional background noise layers (pink, brown, white noise)
Professional audio processing including DSP mixing, mastering, looping, and crossfade transitions
Personal track library with playback, MP3 streaming, and organization features
Custom binaural preset library: Save and manage up to 50 personal binaural configurations (Premium)
Background processing that continues even if you navigate away
Three subscription tiers: Free (1-minute tracks, 6/month, Alpha brainwaves), Essentials (from $1.99/mo or $19.99/yr — 12-hour tracks, 20/month, all moods and brainwaves), and Premium (from $4.99/mo or $49.99/yr — adds Binaural Journeys and Beat Builder)
Playlists: Organize tracks into playlists with shuffle, repeat, and continuous playback (mobile)
Casting: Stream audio to AirPlay devices (iOS) and Chromecast/Android TV (iOS and Android)
iOS and Android mobile applications with native playback and offline download support

3. User Accounts

To access certain features of the Service, you must create an account. You may register using:

Email and Password: Traditional account creation with email verification
Sign in with Apple: Use your Apple ID for quick registration (iOS and web)
Sign in with Google: Use your Google account for quick registration

By creating an account, you agree to:

Provide accurate, current, and complete information during registration
Maintain and promptly update your account information
Maintain the security of your password and accept all risks of unauthorized access
Notify us immediately if you discover any security breaches
Be at least 13 years of age (or 16 in the EU/EEA, or the minimum age required in your jurisdiction). If you are between 13 and 18, you represent that your parent or legal guardian has reviewed and agreed to these Terms on your behalf

You are responsible for all activities that occur under your account. We reserve the right to suspend or terminate accounts that violate these Terms. If you use third-party sign-in (Apple or Google), your account is also subject to their respective terms of service.

4. Subscription and Payment

4.1 Subscription Tiers and Universal Credits

Background Noises offers three subscription tiers: Free, Essentials ($1.99/mo or $19.99/yr), and Premium ($4.99/mo or $49.99/yr).

Universal Credit Pool: Generation credits are shared across all features in Background Noises. Credits can be used for ambient sound generation, binaural builder sessions, or any other feature that consumes credits. Your credit balance is displayed consistently across the app.

The free plan offers limited features (up to 1-minute tracks, 6 credits per 30-day cycle). Essentials and Premium subscriptions provide full access including tracks up to 12 hours,20-50 credits per cycle (depending on plan), all moods, and all brainwave presets. Premium adds Binaural Journeys and Beat Builder.

4.1.1 Global Subscription Tiers

Essentials: $1.99/month or $19.99/year — 20 credits per cycle, full-length tracks up to 12 hours, all music styles, moods, and brainwave presets, track extension
Premium: $4.99/month or $49.99/year — everything in Essentials plus Binaural Journeys and custom Beat Builder

All prices are in USD. We reserve the right to adjust pricing with at least 30 days' notice before your next renewal.

4.2 Billing and Auto-Renewal

IMPORTANT: YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW AT THE THEN-CURRENT PRICE FOR YOUR SELECTED BILLING INTERVAL (MONTHLY OR ANNUAL) UNTIL YOU CANCEL. YOU MAY CANCEL AT ANY TIME BEFORE YOUR NEXT RENEWAL DATE TO AVOID BEING CHARGED.

SUBSCRIPTION AUTOMATICALLY RENEWS UNLESS AUTO-RENEW IS TURNED OFF AT LEAST 24 HOURS BEFORE THE END OF THE CURRENT PERIOD. YOUR ACCOUNT WILL BE CHARGED FOR RENEWAL WITHIN 24 HOURS PRIOR TO THE END OF THE CURRENT PERIOD AT THE RATE OF YOUR SELECTED PLAN.

Subscriptions are billed in advance on a monthly or annual basis depending on your selected plan. Payment processing depends on your platform:

Web: Payments are processed securely through Stripe. Your payment method will be charged upon confirmation of purchase.
iOS App: Payment will be charged to your Apple ID account at confirmation of purchase. Subscriptions are processed through Apple App Store In-App Purchases and are subject to Apple's terms and conditions and the Apple Licensed Application End User License Agreement (Apple EULA).
Android App: Payment will be charged to your Google Play account at confirmation of purchase. Subscriptions are processed through Google Play Billing and are subject to Google's terms and conditions.

By subscribing, you authorize the applicable payment processor to charge your payment method on a recurring basis. Subscriptions purchased through iOS or Android are managed by Apple or Google respectively, and their refund policies apply. You can manage and cancel subscriptions by going to your account settings on the respective platform after purchase.

4.3 Cancellation and Refunds

You may cancel your subscription at any time. The cancellation process depends on where you subscribed:

Web (Stripe): Cancel through the "Manage Billing" portal in your account settings
iOS: Cancel through Settings → Apple ID → Subscriptions on your Apple device
Android: Cancel through Google Play Store → Subscriptions on your Android device

Upon cancellation:

Your subscription will remain active until the end of the current billing period
You will retain access to your paid features until the period ends
Your account page will display the exact date when your access ends
iOS/Android: Refunds for App Store and Google Play purchases are handled by Apple and Google respectively. Contact them directly for refund requests.
Web (Stripe): No refunds are provided for partial billing periods. If you believe you were charged in error, contact us at joshua@thirdspaced.com within 14 days of the charge. We will review refund requests on a case-by-case basis.
Your account will automatically revert to the free plan after the subscription ends
Tracks longer than 1 minute in your library will become locked (playable only with a paid plan)

4.4 Price Changes

We reserve the right to modify subscription prices. You will be notified at least 30 days before any price change takes effect for your subscription.

4.5 Usage Limits and Credit System

Generation credits are universal across all Background Noises features. Your credit balance is a single pool. All tiers receive generation credits on a rolling cycle:

Free: 6 credits per cycle
Essentials: 20 credits per cycle
Premium: 50 credits per cycle

Subscribing to Essentials upgrades your credit allotment to 20 per cycle. Premium provides 50 credits per cycle.

Credits reset on your anniversary date — 30 days from account creation (free) or subscription start (premium), rolling forward each cycle. Credits are NOT reset on the first of each month.

On your reset date:

If your credit balance is below your tier limit (e.g., below 20 for Essentials, below 50 for Premium), it is topped up to the full tier limit
If your credit balance is at or above your tier limit (e.g., from purchased credits), your balance is preserved as-is — excess credits are never removed

4.5.1 Duration-Based Credit Pricing

The number of credits consumed per track depends on the selected duration:

Up to 1 hour: 1 credit per track
Over 1 hour up to 4 hours: 2 credits per track
Over 4 hours up to 8 hours: 3 credits per track
Over 8 hours up to 12 hours: 4 credits per track

The credit cost is displayed in-app before you generate a track. This pricing applies to all generation types including standard tracks, regenerations, track extensions, and binaural builder tracks. Free plan tracks (1 minute) always cost 1 credit.

We reserve the right to modify these limits and pricing tiers with reasonable notice.

4.6 Credit Packs (Paid Plans Only)

Essentials and Premium subscribers may purchase additional credits as a one-time purchase ($4.99 for 50 credits). Credit packs are not available to free plan users. By purchasing credits:

You must have an active Essentials or Premium subscription to purchase credits
Purchased credits are added to your existing balance (e.g., if you have 5 credits and purchase 50, your new balance is 55)
Credits are applied instantly upon successful payment
Purchased credits carry over through resets — they are never removed by the reset process
Credit purchases are one-time, non-refundable transactions
Purchased credits do not affect your subscription status or tier
Credit purchases are tracked in your account for your records
We reserve the right to modify credit pack pricing and quantities with reasonable notice

Credit packs are designed to provide flexibility for paid subscribers who need more tracks. They are processed through Stripe, Apple App Store, or Google Play and subject to the same payment terms as subscriptions. Free plan users who need more tracks should upgrade to Essentials or Premium.

4.7 No Refunds for Service Interruptions

YOUR SUBSCRIPTION FEE GRANTS YOU ACCESS TO THE SERVICE OVER YOUR BILLING PERIOD. IT DOES NOT GUARANTEE UNINTERRUPTED, CONTINUOUS, OR ERROR-FREE SERVICE AT ALL TIMES.

In the event of service interruptions, outages, degraded performance, or unavailability of any kind — whether caused by maintenance, technical issues, third-party provider failures, or any other reason:

No monetary refunds will be issued for any period of service unavailability
No prorated billing adjustments will be made to your subscription fee
No automatic credits will be applied to your account
Your subscription continues on its regular billing cycle regardless of service availability

We may, at our sole and absolute discretion, choose to offer goodwill remedies such as bonus generation credits or complimentary subscription extensions to affected users following significant disruptions. Any such remedy is entirely voluntary, non-binding, and does not create a precedent, obligation, or expectation for future incidents. See Section 7.3 for details.

For refunds related to billing errors or unauthorized charges (not service availability), see Section 4.3.

5. Custom Playlist Services

5.1 Overview

Background Noises offers Custom Playlist Services ("Custom Services"), a bespoke offering where a dedicated sound designer composes original ambient and focus tracks tailored to your specifications. Custom Services are separate from the standard self-service platform and are governed by the additional terms in this section.

5.2 Engagement Process

Custom Services begin with an inquiry submitted through our website or mobile application. Submitting an inquiry does not create a binding agreement or obligation to purchase. After reviewing your inquiry, a member of our team will contact you to discuss your project. A Custom Services engagement is only confirmed when both parties agree to a written scope of work and payment terms ("Custom Services Agreement").

5.3 Pricing and Payment

Custom Services pricing is determined on a per-project basis and communicated during your consultation. Unless otherwise agreed in writing:

A 50% deposit is required before work begins
The remaining 50% is due upon delivery of the final tracks
Payment is processed via invoice (Stripe, bank transfer, or other agreed method)
All prices are in USD unless otherwise specified

5.4 Delivery and Revisions

Estimated delivery timelines are provided as good-faith estimates and are not guaranteed. The number of revision rounds included will be specified in your Custom Services Agreement. Additional revisions beyond the agreed scope may incur additional fees.

5.5 Intellectual Property for Custom Services

Upon full payment, you receive a non-exclusive license to use the delivered tracks for the purposes specified in your Custom Services Agreement (e.g., personal use, organizational use, or white-label distribution). Background Noises and its sound designers retain the underlying composition rights unless explicitly transferred in writing. You may not resell, sublicense, or redistribute custom tracks beyond the agreed scope without written permission.

5.6 Cancellation and Refunds

Before work begins: You may cancel for a full refund of any deposit paid
After work begins: The deposit is non-refundable as it covers the sound designer's time and resources already committed
Failure to deliver: If we are unable to deliver the agreed tracks within a reasonable timeframe, you are entitled to a full refund
Dissatisfaction: We work with you through the revision process to ensure satisfaction. If the final deliverables do not materially match the agreed scope, we will either revise at no charge or issue a partial refund at our discretion

5.7 Confidentiality

Information shared during the Custom Services process (including business details, brand information, and project requirements) will be treated as confidential and will not be shared with third parties without your consent, except as required to deliver the service (e.g., sharing project briefs with your assigned sound designer).

6. Intellectual Property

6.1 Our Content

The Service, including its software, design, text, graphics, logos, and audio processing technology, is owned by or licensed to Third Space (the parent company of Background Noises) and is protected by intellectual property laws. You may not copy, modify, distribute, or reverse engineer any part of the Service without our written consent.

6.2 Created Content

Audio tracks created through the Service are provided for your personal, non-commercial use. You receive a limited, non-exclusive license to:

Listen to and download tracks for personal use and relaxation
Store tracks in your personal library

Audio Storage: Generated audio tracks are stored in cloud storage for up to 180 days from creation. Tracks not accessed for 30 days may be moved to cost-efficient archival storage. After 180 days, audio files are automatically removed from our servers. You may download tracks at any time while they are available, or re-generate them using your credits. Pre-rendered sample tracks (free plan) are retained indefinitely.

Local Device Storage: To improve your experience and enable offline listening, the mobile application may automatically save tracks to your device after you play them, provided you are connected to Wi-Fi. This "auto-save" feature is enabled by default and only operates over Wi-Fi to avoid using your mobile data. Locally saved tracks play from your device without requiring an internet connection or additional data transfer. You can disable auto-save, view storage usage, or clear all saved tracks at any time from the Storage & Offline section in your Account settings. Local storage is capped at a configurable limit (default 2 GB) and the oldest tracks are automatically removed when the limit is reached.

You may NOT use created tracks for commercial purposes, redistribute them, or claim ownership of the underlying compositions without explicit written permission.

6.3 Music Content and Licensing

Music tracks in our library are professionally produced and licensed from ZenMix.io. Regarding our content:

Base music tracks are created by professional composers and licensed for use in our Service
We add custom binaural beat overlays and audio processing to create your personalized audio experience
Track processing may take a few moments depending on duration and server load
Binaural beat frequencies and journey profiles are based on general research but individual results may vary
All music styles including Dreamscape, Sacred Acoustics, Radiant, Pure Tone, and Harmonic are professionally produced and licensed

7. Service Availability and Processing

7.1 Best-Efforts Availability

The Service is provided on a "best efforts" basis. We strive to maintain high availability but do not guarantee any specific level of uptime or availability. We do not offer a Service Level Agreement (SLA), and no uptime percentage, response time, or availability metric is warranted or guaranteed.

Track creation is processed on cloud servers and may be subject to:

Variable processing times based on track duration and server capacity
Occasional service interruptions for maintenance, updates, or upgrades
Job recovery mechanisms that may restart processing if interrupted
Automatic timeout after 30 minutes to prevent excessive resource usage

We employ job persistence technology to recover from temporary interruptions, but cannot guarantee that all jobs will complete successfully. Failed jobs will be marked accordingly in your library.

7.2 Service Interruptions and Outages

You acknowledge and agree that the Service may be temporarily or, in rare circumstances, permanently unavailable due to planned maintenance, unplanned outages, infrastructure failures, third-party service provider disruptions (including but not limited to cloud hosting, payment processors, content delivery networks, and AI/audio processing providers), cyberattacks, or other technical issues beyond our reasonable control.

During any service interruption or outage, regardless of duration or cause:

Your subscription remains active and continues on its existing billing cycle
No monetary refunds, credits, or billing adjustments will be issued solely as a result of service unavailability
We are not liable for any losses, damages, or inconvenience arising from service interruptions
Subscription fees compensate for access to the Service as it exists and as it becomes available — they do not guarantee uninterrupted or continuous access

7.3 Goodwill Remedies

While we are under no obligation to do so, in the event of a significant or prolonged service disruption, we may — at our sole and absolute discretion — offer affected users goodwill remedies such as:

Bonus generation credits added to your account
Complimentary extension of your current subscription period
Other non-monetary accommodations as we deem appropriate

Any such goodwill remedy is voluntary, does not create a precedent or obligation for future incidents, and does not constitute an admission of liability or fault. The form, amount, and eligibility for any goodwill remedy is determined by us in our sole discretion. Under no circumstances will monetary refunds be issued for service interruptions, outages, or periods of unavailability.

7.4 Service Modifications and Discontinuation

We reserve the right to modify, suspend, or discontinue the Service (or any part thereof) at any time, with or without notice. This includes the right to:

Change, add, or remove features and functionality
Update the technology, infrastructure, or third-party providers powering the Service
Impose new limits on usage or access
Temporarily or permanently discontinue all or part of the Service

If we permanently discontinue the entire Service, we will make commercially reasonable efforts to provide at least 30 days' notice and will not charge you for any subscription period beginning after the date of discontinuation. We shall not be liable to you or any third party for any modification, suspension, or discontinuation of the Service.

7.5 Third-Party Dependencies

The Service relies on third-party infrastructure and service providers for hosting, audio processing, payment processing, content delivery, and other critical functions. We are not responsible for the availability, performance, or reliability of these third-party services. Disruptions to third-party services may affect the availability or functionality of the Service, and such disruptions do not entitle you to refunds or compensation of any kind.

8. Health and Medical Disclaimer

IMPORTANT: THE SERVICE IS NOT A MEDICAL DEVICE AND IS NOT INTENDED TO DIAGNOSE, TREAT, CURE, OR PREVENT ANY DISEASE OR MEDICAL CONDITION.

The meditation music, binaural beats, and binaural journey profiles provided through the Service are for relaxation and general wellness purposes only. You acknowledge and agree that:

The Service is not a substitute for professional medical advice, diagnosis, or treatment
You should consult with a healthcare professional before using binaural beats if you have epilepsy, seizure disorders, a pacemaker or heart condition, are pregnant, or have any neurological conditions
You should not use the Service while driving, operating machinery, or performing activities requiring alertness
Results from using meditation music and binaural beats may vary between individuals
We make no guarantees regarding specific health outcomes or benefits
If you experience any adverse effects, discontinue use immediately and consult a physician
Binaural Journey profiles (e.g., "Sleep Induction," "Anxiety Relief," "Focus Session") are descriptive names based on intended use cases, not guaranteed medical outcomes
Claims about brainwave states (Delta, Theta, Alpha, Beta) are based on general research literature and do not constitute medical claims
The Service should not be used as a replacement for professional treatment of sleep disorders, anxiety disorders, ADHD, or any other medical condition

8.1 Binaural Beat Builder Warning

The Binaural Beat Builder (Premium feature) allows you to create custom binaural beat configurations with precise control over frequencies. Additional warnings apply:

Headphones Required: Binaural beats ONLY work when using stereo headphones. The effect requires different frequencies to be delivered to each ear separately.
Custom Frequencies: When creating custom beat frequencies, you are responsible for ensuring the frequencies you select are appropriate for your personal use. Very low frequencies (below 1 Hz) or very high frequencies (above 30 Hz) should be used with caution.
Intensity Levels: High intensity settings may cause discomfort, headaches, or other adverse effects. Start with lower intensity levels and increase gradually.
Scheduled Journeys: Multi-segment binaural journeys that transition between different brainwave states may have stronger effects than fixed frequencies. Allow adequate time to return to a normal alert state before driving or operating machinery.
Extended Sessions: Prolonged exposure to binaural beats (especially at high intensity) is not recommended. Take regular breaks during extended listening sessions.
Individual Sensitivity: Some individuals may be more sensitive to binaural beat frequencies. If you experience dizziness, nausea, disorientation, or any discomfort, stop immediately.
Not for Children: Custom binaural beat configurations should not be used by children under 18 without parental supervision and medical consultation.
Saved Presets: Custom presets you create and save are your responsibility. We do not validate custom configurations for safety or efficacy.

9. Acceptable Use

You agree not to:

Use the Service for any unlawful purpose
Attempt to gain unauthorized access to any part of the Service
Interfere with or disrupt the Service or servers
Use automated systems to access the Service without permission
Resell, sublicense, or commercially exploit the Service
Circumvent any access restrictions or usage limits
Use the Service to create content that infringes third-party rights

10. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE
WE EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT
WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION
WE DO NOT WARRANT THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS
WE MAKE NO WARRANTY REGARDING THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS, OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE SERVICE
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM US OR THROUGH THE SERVICE, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN

You expressly acknowledge and agree that your use of the Service is at your sole risk. You assume full responsibility for all risks associated with the use of the Service, including but not limited to any reliance on the availability, accuracy, or completeness of any content or features.

10A. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

IN NO EVENT SHALL THIRD SPACE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, SUCCESSORS, OR ASSIGNS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES
IN NO EVENT SHALL OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATING TO THE SERVICE EXCEED THE GREATER OF (A) THE AMOUNTS YOU HAVE ACTUALLY PAID US IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) FIFTY U.S. DOLLARS ($50.00)
WE SHALL NOT BE LIABLE FOR ANY FAILURE OR DELAY IN PERFORMING OUR OBLIGATIONS WHERE SUCH FAILURE OR DELAY RESULTS FROM ANY CAUSE BEYOND OUR REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO INFRASTRUCTURE OUTAGES, THIRD-PARTY SERVICE FAILURES, NATURAL DISASTERS, GOVERNMENT ACTIONS, OR INTERNET DISRUPTIONS

10A.1 Specific Exclusions

Without limiting the generality of the foregoing, we shall not be liable for:

Any service interruption, outage, or period of unavailability, whether planned or unplanned, temporary or permanent, regardless of cause or duration
Loss of access to features, tracks, or content during service disruptions
Any failure of audio generation, processing, or delivery
Degraded performance, latency, or reduced functionality
Loss of data, tracks, playlists, presets, or account information
Disruptions caused by third-party infrastructure providers, including cloud hosting, content delivery networks, payment processors, or AI/audio processing services
Incompatibility with your device, operating system, or network configuration

10A.2 No Refunds for Service Disruptions

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT NO MONETARY REFUNDS, PRORATED CREDITS, OR BILLING ADJUSTMENTS WILL BE ISSUED FOR ANY PERIOD DURING WHICH THE SERVICE IS UNAVAILABLE, DEGRADED, OR NOT FUNCTIONING AS EXPECTED, REGARDLESS OF THE CAUSE, DURATION, OR FREQUENCY OF SUCH DISRUPTION. YOUR SUBSCRIPTION FEE PROVIDES ACCESS TO THE SERVICE AS IT EXISTS AND AS IT BECOMES AVAILABLE OVER THE SUBSCRIPTION PERIOD — IT IS NOT A GUARANTEE OF CONTINUOUS, UNINTERRUPTED SERVICE.

In the event of significant service disruptions, we may — but are not obligated to — offer non-monetary goodwill remedies at our sole discretion, as described in Section 7.3. Any such remedies are voluntary and do not create a right, expectation, or precedent for future incidents.

10A.3 Jurisdictional Limitations

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain types of damages. To the extent that applicable law does not permit the disclaimers or limitations set forth in this section, they shall apply to the maximum extent permitted by law. Nothing in these Terms excludes or limits our liability for fraud, death or personal injury caused by our negligence, or any other liability that cannot be excluded or limited under applicable law.

EU/EEA/UK Users: If you are a consumer in the European Union, European Economic Area, or United Kingdom, you may have mandatory statutory rights that cannot be waived. Nothing in these Terms is intended to limit those rights. In such cases, our liability is limited to the minimum extent permitted by applicable mandatory law.

11. Indemnification

You agree to indemnify, defend, and hold harmless Background Noises, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from your use of the Service, violation of these Terms, or infringement of any third-party rights.

12. Privacy and Data Protection

Your use of the Service is also governed by our Privacy Policy, which describes how we collect, use, and protect your personal information. By using the Service, you consent to our data practices as described in the Privacy Policy.

12.1 GDPR Compliance (EU/EEA Users)

If you are located in the European Union, European Economic Area, or United Kingdom, you have additional rights under the General Data Protection Regulation (GDPR):

Right of Access (Article 15): You may request a copy of all personal data we hold about you
Right to Rectification (Article 16): You may request correction of inaccurate personal data
Right to Erasure (Article 17): You may request deletion of your personal data, subject to legal retention requirements
Right to Data Portability (Article 20): You may request your data in a machine-readable format
Right to Object (Article 21): You may object to processing of your personal data for marketing purposes
Right to Withdraw Consent: You may withdraw consent for marketing communications at any time

To exercise these rights, use the tools in your Account Settings or contact us at joshua@thirdspaced.com. We will respond to verified requests within 30 days as required by law.

12.2 Data Retention

Active accounts: Audio tracks are retained for up to 180 days from creation. Tracks inactive for 30+ days are moved to archival storage. After 180 days, audio files are automatically deleted. Track metadata (title, duration, settings) is retained while your account is active. Pre-rendered sample tracks are retained indefinitely.

Deleted accounts: When you delete your account, we will remove or anonymize your personal data. However, we are legally required to retain certain data for compliance purposes:

Financial Records (7 years): Transaction history, payment records, and invoices as required by tax and accounting regulations
Fraud Prevention: Hashed identifiers to prevent abuse and protect against fraudulent account creation
Legal Obligations: Data required to comply with legal proceedings, court orders, or government requests
Anonymized Analytics: Aggregated, non-identifiable usage statistics for service improvement

Retained data is stored securely with restricted access and is not used for marketing or profiling purposes.

12.3 California Privacy Rights (CCPA)

If you are a California resident, you have additional rights under the California Consumer Privacy Act:

Right to know what personal information is collected, used, shared, or sold
Right to delete personal information held by businesses
Right to opt-out of sale of personal information (Note: We do not sell personal information)
Right to non-discrimination for exercising CCPA rights

13. Marketing Communications

13.1 Consent to Marketing

By creating an account, you consent to receive marketing communications from Background Noises, including:

Product updates and new feature announcements
Wellness tips, content, and usage recommendations
Special offers, promotions, and discounts
Surveys and requests for feedback
Newsletter and educational content

This consent is provided in accordance with applicable laws including CAN-SPAM (US), CASL (Canada), and ePrivacy regulations (EU/UK). You acknowledge that marketing consent is provided as part of account creation and is disclosed in these Terms.

13.2 Opting Out of Marketing

You may opt out of marketing communications at any time through:

Account Settings: Toggle the "Marketing Emails" option in your Privacy & Data settings
Unsubscribe Links: Click the unsubscribe link in any marketing email
Direct Request: Email joshua@thirdspaced.com with subject "Unsubscribe"

Opting out of marketing communications does not affect transactional emails, which include:

Account verification and security alerts
Password reset emails
Payment confirmations and receipts
Subscription status changes
Important service announcements and Terms updates

13.3 Marketing Data Usage

Your marketing consent status is tracked and timestamped in our systems. We maintain records of consent changes for compliance purposes. Your marketing preferences do not affect your ability to use the Service. We do not share your email address with third parties for their marketing purposes.

14. Termination and Account Deletion

14.1 Termination by Us

We may suspend or terminate your access to the Service at any time for violation of these Terms or for any other reason with reasonable notice. Upon termination:

Your right to use the Service will immediately cease
We may delete your account and associated data
If you have an active paid subscription and we terminate your account without cause, you will receive a prorated refund for the unused portion of your current billing period
Provisions that should survive termination (such as limitations of liability, indemnification, and dispute resolution) will remain in effect

14.2 Account Deletion by You

You may delete your account at any time through the Account Settings page. When you delete your account:

Your personal data will be removed or anonymized in accordance with our Privacy Policy
Your tracks and library will be permanently deleted
Custom binaural presets will be permanently deleted
You will no longer be able to access the Service with that account

14.3 Subscriptions and Account Deletion

Important: Deleting your Background Noises account does NOT automatically cancel your subscription. You must cancel your subscription separately before or after deleting your account:

Web (Stripe): Subscriptions are automatically scheduled for cancellation when you delete your account. Access continues until the end of the billing period.
iOS (App Store): You must cancel your subscription through Settings → Apple ID → Subscriptions on your Apple device. Apple will continue charging you if you don't cancel separately.
Android (Google Play): You must cancel your subscription through Google Play Store → Subscriptions. Google will continue charging you if you don't cancel separately.

We cannot cancel App Store or Google Play subscriptions on your behalf. If you delete your account without canceling your mobile subscription, you will need to request a refund directly from Apple or Google.

15. Dispute Resolution

15.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law provisions.

15.2 Arbitration

Any dispute arising from these Terms or your use of the Service shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall take place in California, and the arbitrator's decision shall be final and binding.

EU/EEA/UK Exception: If you are a consumer residing in the European Union, European Economic Area, or United Kingdom, this arbitration clause does not apply to you. You retain the right to bring claims in the courts of your country of residence in accordance with applicable consumer protection laws.

15.3 30-Day Opt-Out

You may opt out of the arbitration agreement by sending written notice to joshua@thirdspaced.com within 30 days of creating your account. Your notice must include your name, email address, and a clear statement that you wish to opt out of arbitration. If you opt out, you and Background Noises agree to resolve disputes exclusively in the state or federal courts located in California.

15.4 Class Action Waiver

You agree that any disputes will be resolved on an individual basis, and you waive the right to participate in any class action or representative proceeding. This waiver does not apply to residents of jurisdictions where class action waivers are prohibited by law.

16. Third-Party App Store Terms

If you access or download the Service from a third-party app store (Apple App Store or Google Play Store), you acknowledge and agree to the following:

16.1 Apple App Store

These Terms are between you and Third Space only, not with Apple Inc. ("Apple"). Apple is not responsible for the Service or its content.
Your use of the Service must comply with the Apple App Store Terms of Service.
Apple has no obligation to provide maintenance or support for the Service.
In the event of any failure of the Service to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price (if any) for the app. To the maximum extent permitted by applicable law, Apple has no other warranty obligation with respect to the Service.
Apple is not responsible for addressing any claims relating to the Service, including product liability claims, consumer protection claims, intellectual property claims, or any claim that the Service fails to conform to applicable legal or regulatory requirements.
In the event of any third-party intellectual property claim, Third Space, not Apple, is solely responsible for the investigation, defense, settlement, and discharge of such claim.
Apple and its subsidiaries are third-party beneficiaries of these Terms. Upon your acceptance of these Terms, Apple will have the right to enforce these Terms against you as a third-party beneficiary.
The Service is licensed, not sold, to you under the Apple Licensed Application End User License Agreement (Apple Standard EULA) unless a custom EULA is provided, in which case these Terms serve as the custom EULA.

16.2 Google Play Store

These Terms are between you and Third Space only, not with Google LLC ("Google"). Google is not responsible for the Service or its content.
Your use of the Service must comply with the Google Play Terms of Service.
Google has no obligation to provide maintenance or support for the Service.
Google is not responsible for addressing any claims relating to the Service.
In the event of any third-party intellectual property claim, Third Space, not Google, is solely responsible for the investigation, defense, settlement, and discharge of such claim.

16.3 General App Store Provisions

You represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You also agree to comply with all applicable third-party terms of agreement when using the Service (e.g., your wireless data service agreement).

17. Children's Privacy (COPPA)

The Service is not directed to children under the age of 13 (or 16 in the EU/EEA). We do not knowingly collect, use, or disclose personal information from children under 13 without verified parental consent. If you are under 13, do not use the Service or provide any personal information.

If we learn that we have collected personal information from a child under 13 without proper parental consent, we will promptly delete that information. If you believe a child under 13 has provided us with personal information, please contact us immediately at the address below.

Users between the ages of 13 and 18 may use the Service only with the involvement and consent of a parent or legal guardian. The parent or guardian is responsible for the minor's use of the Service and agrees to be bound by these Terms on the minor's behalf.

Binaural beats: Custom binaural beat configurations should not be used by anyone under 18 without parental supervision and prior consultation with a healthcare professional.

18. General Provisions

Entire Agreement: These Terms constitute the entire agreement between you and Background Noises regarding the Service.
Severability: If any provision is found unenforceable, the remaining provisions will continue in effect.
Waiver: Failure to enforce any right or provision does not constitute a waiver of that right.
Assignment: You may not assign these Terms without our consent. We may assign our rights and obligations without restriction.
Force Majeure: We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control ("Force Majeure Events"), including but not limited to: natural disasters, earthquakes, floods, hurricanes, or severe weather; acts of government, war, terrorism, sanctions, or embargoes; pandemics, epidemics, or public health emergencies; internet or telecommunications failures; power outages or electrical grid failures; cloud infrastructure or hosting provider outages (including but not limited to AWS, Render, Cloudflare, or similar services); third-party API, payment processor, or content delivery network failures; cyberattacks, DDoS attacks, or security breaches; labor disputes or shortages; supply chain disruptions; or any other event beyond our reasonable control. During any Force Majeure Event, our obligations under these Terms are suspended for the duration of the event, and no refunds, credits, or compensation of any kind shall be due. This clause applies in addition to, and does not limit, the service availability and limitation of liability provisions in Sections 7 and 10A.
Electronic Communications: By creating an account, you consent to receive communications from us electronically (email, in-app notifications, website postings). You agree that all agreements, notices, and disclosures provided electronically satisfy any legal requirement that such communications be in writing.
Export Compliance: You agree not to use the Service in violation of any applicable export laws or regulations of the United States or any other country.

19. Video Credits

Background videos used in the player are sourced from Pexels under their free license (free for commercial use, no attribution required). We credit the original artists as a courtesy:

Dmitry Marchenkov — Candle in the Dark
Pixabay — Aurora Borealis, Deep Space, Forest Stream
Frank Cone — Cosmos Journey
Magda Ehlers — Jellyfish Glow
Pabitra Sarkar — Candlelight Glow
Wayne Speedy — Rain at Night

Full video sources are listed in-app on the player screen.

20. Contact Us

If you have any questions about these Terms, please contact us at:

Third Space, LLC
Email: joshua@thirdspaced.com
Privacy Inquiries: privacy@thirdspaced.com
Mailing Address: Third Space, LLC, 1309 Coffeen Avenue STE 1200, Sheridan, WY 82801, United States

For GDPR/CCPA data requests, you may also use the "Request My Data" option in your Account Settings or email privacy@thirdspaced.com with the subject line "Data Request."