Terms of Service

1. About these Terms

1.1 Who these Terms are between

These Terms of Service (the "Terms") are a contract between Third Space LLC, a Wyoming limited liability company ("Third Space", "we", "us" or "our"), and you. They cover Background Noises: the apps for iPhone, iPad and Android, the web player at bgnoises.com, the sounds they play, and this website (together, the "Service"). Background Noises is a product of Third Space LLC. eleMusic Inc. ("eleMusic"), a separate company, runs the service behind it for us as Section 27.1 describes; it is not a party to these Terms.

1.2 What the agreement is made of

Your agreement with us (the "Agreement") consists of these Terms and the plan, price and billing period shown to you when you buy (your "Order"). For a purchase made through the App Store or Google Play, the store's own terms also apply to that purchase. Our Privacy Policy explains how we handle personal information; please read it.

1.3 Summaries and headings

The key points box, the headings and other plain-language summaries are for convenience. They do not change the meaning of these Terms.

1.4 This version

This is version 2026-10-21 of these Terms, effective October 21, 2026. Earlier versions are listed in the Legal Center and available on request at joshua@thirdspaced.com.

2. Definitions

• Account: an account you sign in to with Apple, with Google, or with an email address and password. A guest account is an account the Apps or the Web Player create, on one device or in one browser, without a sign-in.
• Apps: the Background Noises apps for iOS and Android, including updates. Web Player: the Background Noises player on bgnoises.com. Player: the Apps and the Web Player.
• Content: the sounds available in the Service (the music and nature stations, the noise colors and the tones, and any other sound we offer), and their titles, labels, images and videos.
• Credits: units the Service sold before it moved to one paid Plan. The Service no longer uses or sells them; Credits bought then and not spent are kept on your Account and can be refunded as Section 12.11 describes.
• Plan: the Free plan or the paid Premium plan. An Essentials plan, whenever and wherever it is bought, is a paid Plan that includes everything Premium does, at its own price (Sections 12.13 and 13). A Web Plan is a paid Plan bought from us on the web; an In-App Purchase is a paid Plan bought through the App Store or Google Play.
• Service Provider: eleMusic Inc., which runs the stream of music and sound, the account service and the rendering of the noise colors and the tones for us (Section 27.1).
• Subscription Period: each monthly or yearly period a paid Plan is billed for, and the period of any trial.
• Third Space Parties: Third Space; its affiliates; the Service Provider and the other companies that run the Service for us; the officers, directors, members, managers, shareholders, employees, agents, contractors, successors and assigns of each; and Third Space's and the Service Provider's licensors and suppliers.

3. Who may use Background Noises

3.1 Minimum age

You must be at least 13 years old to use the Service (16 if you live in the European Economic Area or the United Kingdom). If you are under 18, or under the age of majority where you live, you may use the Service only with the permission of a parent or legal guardian, who accepts these Terms for you and is responsible for your use. The Service is not directed to children under 13.

3.2 Personal use

The Service is for your own personal, non-commercial listening (Section 9).

3.3 People who may not use the Service

You may not use the Service if the law that applies to you forbids it, if Section 25 applies to you, or if we have ended your access for a breach of these Terms, unless we agree in writing.

4. Accepting these Terms

4.1 How you accept

You accept these Terms in one of these ways:

• in the Web Player, by checking the box that says you agree to them when you create an Account, or when the Web Player asks you to accept a new version before you continue (checking the box is your electronic signature);
• in the Apps, by creating an Account on the sign-up screen, which says that signing up means agreeing to them and links to them;
• when you start a Web Plan, by starting it on the checkout page, which says beside its button that starting the subscription means agreeing to them; and
• in every other case, including use without an Account, by using the Service after the Player shows you a link to them.

If you do not agree, do not use the Service.

4.2 Records of acceptance

When you check the box in the Web Player, we keep a record of the version, the time, how you accepted and, where available, the IP address and the type of browser or device. The Apps and the checkout page make no record of that kind; for them, our records of when your Account was created and when your Plan started show when you accepted. You agree that these records are evidence of your acceptance.

4.3 If you used Background Noises before

If you used Background Noises before these Terms took effect, the terms you accepted then continue to apply to you until you accept these Terms as Section 4.1 describes. The Web Player asks you to accept them the next time you sign in to it, and holds playback and new Web Plans until you do. The Legal Center lists those terms and how to get a copy.

5. Changes to these Terms

We may make changes that do not materially affect your rights or obligations, such as clarifications or corrections, by posting a new version with a new date. If we make a material change, such as to fees, the license or the dispute resolution section, we will tell you by email if we have your address and with a notice in the Service at least 30 days before it takes effect, unless a shorter period is needed to comply with law or to address a security risk. We may ask you to accept the new version before you continue. If you do not agree, you may cancel your Plan and stop using the Service before the change takes effect. Price changes follow Section 12.7, and changes to Section 22 follow Section 22.13.

6. How the sound is made

6.1 Synthesized and generated Content

Content is either synthesized or generated, and both kinds are made by the Service Provider, eleMusic. Synthesized Content is calculated by eleMusic's signal processing software: the noise colors and the frequency tones are synthesized. Generated Content is audio created with generative artificial intelligence (AI) models, which may include models provided by third parties, and then selected, checked and mastered by eleMusic: the music stations are original tracks generated this way, and the nature sounds are assembled from sound effects generated this way. The background videos of the music stations are generated too: eleMusic makes them with AI models and checks them before they are shown. The other background videos come from Pexels (Section 29). We identify generated audio as generated in the Service and on our How the sound is made page, and we do not describe generated Content as made by people.

6.2 What "original" means

When we call Content original, we mean only that it was made for the Service as Section 6.1 describes and was not copied from existing recordings. It does not mean that any Content is protected by copyright, is unique or exclusive to you, or does not resemble any other work, and it is not a warranty.

6.3 Labels, watermarks and metadata

Some generated Content may carry an imperceptible watermark added by the model provider and metadata that identifies it as generated. You must not remove, alter or obscure them.

6.4 Similar audio

Synthesis and generative models can produce similar results for different people. Audio that is the same as or similar to the Content may be made for, or used by, others, including through services the Service Provider offers to other companies.

7. The Service

7.1 Sounds and categories

The sounds, categories and features available change over time. Some sounds the earlier app offered, such as its Ocean and Thunder sounds and its Ambient options, are not part of the Service. We may add, change, pause or remove any sound or feature, and you have no right to any particular one.

7.2 Lengths and what each Plan plays

The Free plan plays a 60-second sample of everything. A paid Plan plays the eight music and four nature stations, the noise colors and the tones for any length the Player offers, up to 12 hours. Our pricing page and the Player show what each Plan includes before you buy.

7.3 Paused features

Binaural beats, the journeys and the Beat Builder are paused. While they are paused, no Plan includes them, and no fee is charged for them.

7.4 Audio made on request

If the Service makes audio for your Account on request, we keep it for 180 days after it is made and may delete it after that. While binaural beats are paused (Section 7.3), the Service makes none.

7.5 Offline listening

If a paid Plan lets the Apps keep Content on your device so that you can listen without a connection, those copies are for your personal listening under Section 9, play only while your Account remains in good standing, and are removed when you sign out or delete your Account.

7.6 Your equipment and casting

You are responsible for your devices, headphones, speakers, connection and data charges. Some devices, browsers and operating systems are not supported. Playing through AirPlay, Google Cast or another casting technology depends on that technology and your network.

7.7 Availability and changes

We work to keep the Service available, but we do not promise that it will be uninterrupted, timely or free of errors, and we offer no uptime commitment. We may change, suspend or stop any part of the Service, including if our arrangement with the Service Provider changes or ends. We will not materially reduce what a paid Plan you have already paid for does during its current Subscription Period unless the law, an app store or a security need requires it; if we do, you may cancel within 30 days and we will refund the prepaid fees for the rest of that period.

7.8 Beta features

Features we label beta, preview or test are provided as they are, may change or end at any time, and are excluded from any commitment in the Agreement.

7.9 Support

We provide support by email at joshua@thirdspaced.com. We do not promise a response time.

8. Accounts and security

Give us accurate information and keep it current. An Account is for one person. You are responsible for activity under your Account and for keeping your sign-in methods secure; tell us at joshua@thirdspaced.com if you learn of unauthorized use. A guest account exists on one device or in one browser only: if you remove the App, clear your browser's data or lose the device before you sign in, the guest account and anything in it may be lost, although a purchase made through Apple or Google can be restored through the store to an Account. A store purchase is linked to the Account it was first verified for, and we may decline to link the same purchase to a second Account. Signing in with Apple or Google is also subject to their terms.

9. Your license to play the Content

9.1 What you may do

While you have a Plan (including the Free plan) and comply with the Agreement, we grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable license, revocable only as these Terms provide, to stream and play the Content through the Player, and to keep any offline copies the Apps make, for your own personal, non-commercial listening in private settings. To the extent Third Space, the Service Provider or their licensors hold intellectual property rights in the Content, this license is granted under those rights for the same scope, and no more.

9.2 What the license does not include

You must not, and must not let anyone else:

• play the Content in or for a business, office, store, gym, spa, clinic, waiting room or any place open to the public, or for anyone outside your household and guests;
• broadcast, stream, transmit or make the Content available to others, or use it in video, podcasts, social media, websites, apps, games or any other product or service;
• record, capture, rip, download (other than any offline copies the Apps make), copy, sample, remix or make derivative works of the Content;
• sell, rent, lend, sublicense or distribute the Content, or include it in any library or collection;
• use the Content to train, test or improve any machine learning or AI model;
• remove, alter or obscure any watermark, metadata, notice or label (Section 6.3); or
• claim that the Content was made by a person, by you or by a particular artist.

If you want to use the sounds for a business or anything else outside this license, write to joshua@thirdspaced.com.

9.3 The Player and the Apps

We grant you a limited, non-exclusive, non-transferable, revocable license to use the Web Player, and to install and use the Apps on devices you own or control, only to access the Service as the Agreement allows. The Apps may update automatically, including through over-the-air updates, and older versions may stop working. Section 24 adds terms for Apps obtained from Apple or Google.

9.4 All other rights reserved

We, the Service Provider and our licensors keep all rights not expressly granted. You may not copy, modify, reverse engineer or circumvent any part of the Service or its technical protections, except as applicable law expressly allows despite this restriction.

9.5 When the license ends

When your paid Plan ends, the lengths and features it allowed end with it, and any offline copies stop playing. When the Agreement ends, the license ends, and you must stop using the Content and delete any copies.

10. Ownership, trademarks and feedback

The Service and the Player, other than material we license from others, belong to Third Space or its licensors. The Content belongs to the Service Provider or its licensors, which provide it for the Service under license to Third Space; nothing in the Agreement transfers it to you. Background Noises, BG Noise and the Background Noises logos are trademarks of Third Space LLC; do not use them without our written permission. If you send us ideas or feedback, we may use them, and share them with the Service Provider, for any purpose without any obligation to you. If you believe something in the Service infringes your copyright, send a notice to our designated agent as our Copyright Policy describes, and we will respond as the law provides, including by ending the accounts of repeat infringers in appropriate circumstances.

11. Health and safety

11.1 Not a medical device

Background Noises is not a medical device. Its sounds are for general listening and are not intended to diagnose, treat, cure, or prevent any disease or medical condition. Nothing in the Service is medical advice.

11.2 Binaural beats

Binaural beats are tones that may affect how alert or drowsy you feel, and they may cause adverse effects in some people. Do not use binaural beats if you have epilepsy, a seizure disorder or a history of seizures. Consult your healthcare provider before use if you are pregnant or have a psychiatric condition. Never use binaural beats while driving or operating machinery. Binaural beats are not recommended for children under 18 without a parent's supervision and medical advice.

11.3 Listening safely

Use headphones at a comfortable, low volume, take breaks during long sessions, and stop at once if you feel dizzy, nauseous, unwell or uncomfortable. Consult a healthcare professional before use if you have epilepsy or a seizure disorder, a pacemaker or a heart condition, a psychiatric condition, or are pregnant. Stop if you feel discomfort.

11.4 Your responsibility

You use the Service at your own risk and are responsible for deciding whether it is suitable for you.

12. Web Plans: fees, trials, renewal and cancellation

12.1 Seller and payment

Third Space LLC sells Web Plans on the web. Payments are processed by Stripe on pages that Stripe hosts. We accept credit and debit cards, including cards used through Apple Pay and Google Pay. On card statements, web plan charges read BACKGROUND NOISES, except the first charge after a trial, which reads BACKGROUND* TRIAL OVER. Receipts, invoices and other billing emails, such as a trial reminder, come from Third Space LLC and show it as the seller. The terms and privacy policies of Stripe (and of Apple or Google when you pay with Apple Pay or Google Pay) apply to the information you give them.

12.2 Plans and prices

Web Plans, their prices and billing periods (monthly or yearly) are those shown on our pricing page and at checkout when you buy, as confirmed in your Order. Prices are in US dollars. Each Subscription Period is charged at its start.

12.3 Trials

Your first Web Plan may start with a 7-day free trial, and a card is required to start it. Nothing is charged when it starts. Each Account may have one trial. Unless you cancel before the trial ends, your paid Plan starts automatically when it ends and we charge your card the Plan price shown at checkout on that day and at the start of each Subscription Period after that until you cancel. If you cancel during the trial, nothing is charged. We may decline or end trials we believe are being misused, for example by creating Accounts to obtain repeated trials.

12.4 Automatic renewal

YOUR WEB PLAN RENEWS AUTOMATICALLY AT THE END OF EACH SUBSCRIPTION PERIOD (EVERY MONTH OR EVERY YEAR, AS SHOWN IN YOUR ORDER) FOR ANOTHER PERIOD OF THE SAME LENGTH, UNTIL YOU CANCEL. UNLESS YOU CANCEL BEFORE A FREE TRIAL ENDS, YOUR FIRST PAID PERIOD BEGINS WHEN THE TRIAL ENDS AND YOUR CARD IS CHARGED THEN. YOU AUTHORIZE US AND STRIPE TO CHARGE YOUR CARD AT THE START OF EACH PAID PERIOD THE THEN-CURRENT PRICE OF YOUR PLAN PLUS ANY APPLICABLE TAX. YOU CAN CANCEL AT ANY TIME ONLINE IN MANAGE BILLING IN THE WEB PLAYER. CANCELLING STOPS FUTURE RENEWALS AND TAKES EFFECT AT THE END OF THE PERIOD ALREADY PAID FOR.

12.5 Yearly plans

A yearly Plan is charged in advance for each year and renews for another year unless you cancel before the renewal date. Where the law requires it, we will remind you by email before a yearly Plan renews.

12.6 Changing your Plan

You can move between monthly and yearly billing in Manage billing in the Web Player. Changes may be prorated, as shown before you confirm. Any credit that results applies to future charges and is not paid out in cash.

12.7 Price changes

We may change prices for future Subscription Periods. We will tell you at least 30 days before an increase applies to you, and the new price applies from your first renewal after that notice. If you do not agree, cancel before that renewal.

12.8 Taxes

Prices do not include taxes. Where we must collect a tax, it is added to your charge and shown at checkout or on your invoice.

12.9 Failed payments

If a payment fails, we and Stripe may retry it and may contact you. While we retry a failed renewal, the Plan remains active; if the payment has not succeeded when the retries end, the Plan ends. Amounts due for periods in which the Plan was available remain owed.

12.10 Cancellation

You can cancel a Web Plan at any time in Manage billing in the Web Player, or by writing to joshua@thirdspaced.com. Cancellation takes effect at the end of the current Subscription Period; the Plan stays active until then, and no further renewal charges are made. Cancelling a Plan does not delete your Account, and deleting an App does not cancel a Plan.

12.11 Refunds

Except as these Terms state or the law requires, fees are non-refundable, and we do not give refunds or credits for partial Subscription Periods. Credits bought before the Service moved to one paid Plan that are still unspent on your Account cannot be spent in the Service, so on request we refund them: those bought on the web from our Stripe account, to the original payment method, and those bought through Google Play through Google Play; for those bought through the App Store, Apple decides refunds under its own policies (Section 13). We will refund in full, to the original payment method, any charge made in error, any duplicate charge, and any charge made after a cancellation took effect. Our Refund and Cancellation Policy summarizes this Section and explains how to ask for a refund.

12.12 Billing questions and chargebacks

If you think a charge is wrong, please write to joshua@thirdspaced.com before disputing it with your bank so that we can try to fix it. If you dispute a valid charge, we may suspend your Plan until the dispute is resolved.

12.13 Subscriptions bought before the one Premium plan

If you subscribed on bgnoises.com before the Service moved to one paid Plan, your subscription continues on the same account, billed by us as before. Your price will not go up because of the change: it stays the same or goes down, and a price above today's Premium price for your billing period comes down to it at your next renewal. An Essentials plan includes everything Premium does, at the price you pay for it.

13. In-App Purchases

In-App Purchases are sold and billed by Apple or Google under their terms, at the price the store shows before you buy. The App Store may list the paid Plan as Essentials; an Essentials plan bought there includes everything Premium does. Subscriptions bought this way renew until you cancel them in your Apple Account or Google Play subscription settings; cancel before the current period ends to avoid the next charge. Any trial or offer is as the store shows it before you buy. Apple decides refunds of In-App Purchases made through the App Store, under its own policies, and we cannot issue them. For one made through Google Play, you can ask Google, or ask us, since Google Play lets us issue refunds too. A Plan bought through a store applies to your Account in the Web Player too, and a Web Plan applies in the Apps. If you buy both, you will be billed for both until you cancel one.

14. Deleting your Account

You can delete your Account in the App, in the Web Player, or by writing to us from its email address (how to delete your account). Deletion removes your sign-in details and links, your Plan record, your Credit balance and history, any Beat Builder presets and your listening records, ends every signed-in session, and cannot be undone. We keep what Section 8.1 of our Privacy Policy lists: a closed record of the Account without its email address or name, the records of the Terms you accepted, the record of each credit pack you bought with its link to your Account removed, so that the same purchase can never be credited to another Account, the record of each App Store or Google Play subscription the Account held, so that a new Account can never take it over, the one-way codes made from the email address and the card that started a web trial, so that each person gets one trial, and the records of the Account's sign-in sessions, as security records; for a Web Plan, our Stripe account also keeps the customer record and the invoices, for tax and accounting. Deleting your Account cancels a Web Plan at the end of its current period; it does not cancel an In-App Purchase, which you must cancel in the store. Any Credits are lost when the Account is deleted, so ask for their refund (Section 12.11) first.

15. Marketing messages

We send marketing messages only if you agree to receive them by checking a separate box; creating an Account is never consent to marketing. Every marketing email has an unsubscribe link, and we honor requests within 10 business days. Messages about your Account, purchases, security and these Terms are part of the Service and are not marketing.

16. Acceptable use

You must not: break the law using the Service; access it through automated means, or scrape, copy or download Content other than as Section 9 allows; probe, attack, overload or interfere with the Service or circumvent its limits or protections; create Accounts or use payment methods to obtain repeated trials or to get around the limits of a Plan; share your Account or sell access to it; give us false information; misrepresent the origin of the Content; or use the Service in a way that would cause Third Space or the Service Provider to breach its agreements with the companies whose services and models the Service relies on. We may investigate suspected violations and suspend or end access.

17. Third-party services

The Service works with services others provide: the Service Provider (Section 27.1) and the hosting and processing companies it and we use, Apple and Google (sign-in, app stores and casting), and Stripe (payments). Your use of a third-party service is subject to its own terms and privacy policy. We are not responsible for third-party services, and if one changes or stops, we may change or stop the related feature.

18. Suspension and termination

You may stop using the Service, cancel your Plan or delete your Account at any time. We may suspend or end your access immediately if you materially breach the Agreement, if we suspect fraud or misuse, or if the law, a court, an app store or one of our providers requires it. We may also end the Service or your Account for any other reason by giving you at least 30 days' notice; if we do and you have a prepaid Web Plan, we will refund the unused part. Sections 2, 6, 9.2, 9.4, 9.5, 10, 11, 12 (as to amounts owed, refunds and chargebacks), 14 and 19 to 29 survive the end of the Agreement.

19. Disclaimer of warranties

TO THE FULLEST EXTENT THE LAW ALLOWS, THE SERVICE, THE CONTENT, THE PLAYER AND ANY SUPPORT ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. THE THIRD SPACE PARTIES DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE THIRD SPACE PARTIES DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE OR FREE OF ERRORS, THAT IT WILL WORK OFFLINE OR ON ANY PARTICULAR DEVICE OR NETWORK, OR THAT ANY CONTENT WILL HAVE ANY PARTICULAR EFFECT ON YOU. NO DESCRIPTION OF THE CONTENT, INCLUDING THE WORD "ORIGINAL", IS A WARRANTY. Some places do not allow these exclusions, so some may not apply to you; where the law does not allow a warranty to be excluded, it is limited to the minimum scope and duration the law allows.

20. Limitation of liability

TO THE FULLEST EXTENT THE LAW ALLOWS, NO THIRD SPACE PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, DATA OR GOODWILL, ARISING OUT OF OR RELATING TO THE AGREEMENT OR THE SERVICE, HOWEVER CAUSED. THE TOTAL LIABILITY OF ALL THIRD SPACE PARTIES TOGETHER FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE AGREEMENT OR THE SERVICE WILL NOT EXCEED THE GREATER OF THE AMOUNTS YOU PAID FOR THE SERVICE (TO US OR TO AN APP STORE) IN THE 12 MONTHS BEFORE THE EVENT THAT GAVE RISE TO THE LIABILITY, AND US$100. Nothing in the Agreement excludes or limits liability that cannot be excluded or limited by law, including liability for fraud, for willful misconduct, or for death or personal injury caused by negligence where the law does not allow that liability to be limited. Some places do not allow some of these limits, so they may not apply to you, and nothing in the Agreement limits rights you have as a consumer that the law does not allow to be limited.

The Agreement is with Third Space, the company, only. To the fullest extent the law allows, you will bring any claim only against Third Space and not against the Service Provider or any individual who is a Third Space Party, except for that person's own fraud or willful misconduct. Each Third Space Party, the Service Provider included, may enforce Sections 19 to 22 as a third-party beneficiary, and a claim that is brought against the Service Provider is a Dispute under Section 22.2.

21. Indemnity

To the extent the law allows, you will defend, indemnify and hold harmless the Third Space Parties against third-party claims, and the related losses and reasonable legal fees, arising from your breach of the Agreement or your use of the Content outside the license in Section 9. This Section applies to you as a consumer only to the extent the law allows.

22. Dispute resolution and arbitration

PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES YOU AND THIRD SPACE TO RESOLVE MOST DISPUTES BY BINDING INDIVIDUAL ARBITRATION INSTEAD OF IN COURT, AND EACH OF US WAIVES THE RIGHT TO A JURY TRIAL AND TO A CLASS ACTION. YOU MAY OPT OUT WITHIN 30 DAYS, AS SECTION 22.10 EXPLAINS. IT DOES NOT APPLY TO CONSUMERS WHO LIVE IN THE EUROPEAN ECONOMIC AREA OR THE UNITED KINGDOM (SECTION 22.3).

22.1 Try to resolve it informally first

Before starting an arbitration or a small claims case, the party with a claim must send the other a written notice of dispute and try to resolve it informally for 60 days. A notice to us goes to joshua@thirdspaced.com or by mail to Third Space LLC, Attn: Legal, 1309 Coffeen Avenue, Suite 1200, Sheridan, Wyoming 82801. The notice must include your name and contact details, the email address of your Account (if any), a description of the dispute and the relief you seek, and your signature. All limitation periods are tolled while the 60 days run.

22.2 Agreement to arbitrate

Except as Section 22.3 provides, you and Third Space agree that any dispute, claim or controversy between you and Third Space (or any Third Space Party, the Service Provider included, other than the other licensors and suppliers of Third Space and of the Service Provider) arising out of or relating to the Agreement, the Service or the Content, whether based on contract, tort, statute or any other legal theory, and whether it arose before or after you accepted these Terms (a "Dispute"), will be resolved by final and binding individual arbitration. This agreement is governed by the Federal Arbitration Act, 9 U.S.C. sections 1 to 16.

22.3 Exceptions

Either party may bring an individual claim in small claims court if it qualifies; may seek injunctive or other equitable relief in court to stop infringement or misuse of its intellectual property or unauthorized access to the Service; and may have a request for public injunctive relief decided as Section 22.11 provides. If you are a consumer who lives in the European Union, the European Economic Area or the United Kingdom, this Section 22 does not apply to you, and you keep the right to bring claims in the courts of the country where you live under its consumer protection laws. Nothing in this Section prevents either party from reporting a matter to a government agency.

22.4 Administrator and rules

The American Arbitration Association (the "AAA") administers the arbitration under its Consumer Arbitration Rules and, where they apply, its Mass Arbitration Supplementary Rules, as modified by this Section. The rules are available at adr.org.

22.5 The arbitrator and the hearing

The seat of the arbitration is California. A single arbitrator decides each arbitration, by video conference, by phone or on written submissions, unless the arbitrator decides an in-person hearing is needed, which then takes place in the county where you live if you live in the United States, and otherwise in California, unless we both agree otherwise. The arbitrator may award relief only in favor of the individual party seeking it and only to the extent needed for that party's individual claim, and will issue a reasoned written decision if either party asks.

22.6 Fees

Third Space will pay all the fees the AAA's Consumer Arbitration Rules assign to the business. If your filing fee is more than you would have paid to file in court, we will reimburse the difference, unless the arbitrator finds your claim frivolous. Each party bears its own attorneys' fees unless the arbitrator awards them as the law or the rules allow.

22.7 Who decides what

The arbitrator decides questions about whether a Dispute must be arbitrated, except that a court decides whether the waiver in Section 22.8 is valid, whether you validly opted out under Section 22.10, and whether a request seeks public injunctive relief.

22.8 Class action and jury trial waiver

YOU AND THIRD SPACE MAY EACH BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, CONSOLIDATED OR REPRESENTATIVE PROCEEDING. TO THE EXTENT THE LAW ALLOWS, YOU AND THIRD SPACE EACH WAIVE THE RIGHT TO A JURY TRIAL.

22.9 Mass filings

If 25 or more similar claims are filed against or by Third Space by the same or coordinated counsel, the AAA's Mass Arbitration Supplementary Rules apply, and counsel for the claimants and Third Space will meet within 30 days to discuss resolving the claims globally, with limitation periods tolled meanwhile.

22.10 Your right to opt out

You may opt out of this agreement to arbitrate by emailing joshua@thirdspaced.com, or writing to the address in Section 29, within 30 days after you first accept these Terms. An opt-out is on time if it is emailed, or postmarked or handed to a courier, within those 30 days. Include your name, the email address of your Account (if any) and a clear statement that you opt out of arbitration. If you opt out, Section 23.2 applies to Disputes, and the rest of the Agreement is unaffected.

22.11 Public injunctive relief

If a court decides that the law does not allow a request for public injunctive relief to be waived or decided in arbitration, that request is decided by a court under Section 23.2 after the individual claims are arbitrated, with the court proceeding stayed until then.

22.12 If part of this Section is unenforceable

If a court decides that the waiver in Section 22.8 is unenforceable for a particular claim or request, that claim or request alone is severed and decided by a court under Section 23.2 after the individual claims are arbitrated, and it is never decided in a class arbitration. If any other part of this Section is unenforceable, that part is severed and the rest remains in effect.

22.13 Changes to this Section

A change to this Section does not apply to a Dispute that arose, or was the subject of a notice or a filing, before the change took effect. You may reject a change to this Section by writing to us within 30 days after we tell you about it; a rejection is on time if it is emailed, or postmarked or handed to a courier, within those 30 days, and the version you last accepted then continues to apply to you.

23. Governing law and courts

23.1 Governing law

The Federal Arbitration Act governs Section 22. Otherwise, the Agreement and any Dispute are governed by the laws of the State of California and applicable US federal law, without regard to conflict-of-laws rules. This choice of law does not take away the protection of the mandatory consumer laws of the place where you live.

23.2 Courts

A Dispute that is not arbitrated is brought only in the state or federal courts located in California, except that you may bring an individual claim in the small claims court of the county where you live, and a consumer who lives outside the United States may also bring proceedings in the courts of the place where they live where the law gives that right.

24. Apple and Google app store terms

24.1 When this Section applies

This Section applies to Apps obtained from the Apple App Store or Google Play and to In-App Purchases. As between you and Apple or Google, it controls if it conflicts with the rest of the Agreement. For the iOS App, Apple's standard Licensed Application End User License Agreement also applies, together with these Terms.

24.2 Terms that apply to the iOS App

1. Acknowledgement. The Agreement is between you and Third Space only, not with Apple. Third Space, not Apple, is solely responsible for the iOS App and its content.
2. Scope of license. The license for the iOS App is a non-transferable license to use it on Apple-branded products you own or control, as the Usage Rules in the Apple Media Services Terms and Conditions permit, except that it may be accessed, acquired and used by other accounts associated with the purchaser through Family Sharing, volume purchasing or Legacy Contacts.
3. Maintenance and support. Third Space is solely responsible for maintenance and support of the iOS App. Apple has no obligation to provide any.
4. Warranty. Third Space is solely responsible for any product warranties, to the extent not effectively disclaimed. If the iOS App fails to conform to an applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, of the iOS App; to the maximum extent the law allows, Apple has no other warranty obligation.
5. Product claims. Third Space, not Apple, is responsible for addressing any claims relating to the iOS App, including product liability claims, claims that it fails to conform to a legal or regulatory requirement, and claims under consumer protection, privacy or similar law.
6. Intellectual property. If a third party claims that the iOS App or your use of it infringes its intellectual property rights, Third Space, not Apple, is responsible for the investigation, defense, settlement and discharge of that claim.
7. Developer name and address. Questions, complaints or claims about the iOS App go to Third Space LLC, 1309 Coffeen Avenue, Suite 1200, Sheridan, Wyoming 82801; email joshua@thirdspaced.com.
8. Legal compliance. You represent that you are not located in a country subject to a US Government embargo or designated as a "terrorist supporting" country, and that you are not on any US Government list of prohibited or restricted parties.
9. Third-party terms. You must comply with applicable third-party terms when using the iOS App, such as your wireless data service agreement.
10. Third-party beneficiary. Apple and its subsidiaries are third-party beneficiaries of the Agreement and, once you accept it, may enforce it against you as a third-party beneficiary.

24.3 Google Play

If you obtain the Android App or make an In-App Purchase through Google Play, Google Play's terms and policies also apply to your use of Google Play. Google is not a party to the Agreement.

25. Export controls and sanctions

You will comply with US export control and sanctions laws. You represent that you are not located in, or ordinarily resident in, a country or region subject to comprehensive US sanctions, and that you are not on, or owned or controlled by someone on, a US Government list of prohibited or restricted parties.

26. Electronic communications and notices

You agree to receive the Agreement, notices, receipts and other communications from us electronically: by email to the address on your Account, in the Player, or on this website. If you are a consumer: to receive our communications you need a device with internet access, a current web browser or the App, and, where we communicate by email, an email account that can receive our messages; you may ask for a paper copy of any communication free of charge; and you may withdraw your consent to electronic communications by writing to us, although we may then have to end your Account. Legal notices to us, including notices of dispute, arbitration opt-outs and rejections under Section 22.13, go to joshua@thirdspaced.com or by mail or courier to Third Space LLC, Attn: Legal, 1309 Coffeen Avenue, Suite 1200, Sheridan, Wyoming 82801. They are effective when received, except that an opt-out under Section 22.10 or a rejection under Section 22.13 is on time if it is emailed, or postmarked or handed to a courier, within the 30 days those Sections allow.

27. General terms

27.1 The service provider

Third Space LLC provides the Service and is the party to the Agreement. eleMusic Inc., a Delaware corporation and a separate company, runs the stream of music and sound, the account service and the rendering of the noise colors and the tones for Third Space under a service agreement and a data processing agreement that took effect on October 21, 2026. It acts on Third Space's instructions and is not a party to the Agreement, and Background Noises remains Third Space's product. Background Noises plays music and sound streamed by eleMusic, a separate service.

27.2 Assignment

We may assign or transfer the Agreement without your consent, including to an affiliate or in a merger, acquisition, reorganization or sale of assets. You may not assign the Agreement without our written consent.

27.3 Everything else

Neither party is liable for a delay or failure caused by events beyond its reasonable control, which does not excuse payment. The Agreement is the entire agreement between you and Third Space about its subject matter and replaces earlier versions of these Terms. A failure to enforce any part is not a waiver. If any part is held unenforceable, it is enforced to the extent possible and the rest remains in effect, except as Section 22.12 provides. There are no third-party beneficiaries except as Sections 20 and 24.2 state. "Including" means "including without limitation". The Agreement is written in English, and any translation is for convenience only.

28. Notices for consumers

California: under California Civil Code section 1789.3, California consumers are entitled to the following information. The Service is provided by Third Space LLC, 1309 Coffeen Avenue, Suite 1200, Sheridan, Wyoming 82801; email joshua@thirdspaced.com. The Free plan is free; the charges for paid Plans are shown on our pricing page, at checkout or in the app store before you buy. To resolve a complaint or get more information, write to joshua@thirdspaced.com. 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. New Jersey: any provision of these Terms that limits remedies, damages or liability, or disclaims warranties, applies to New Jersey consumers only to the extent New Jersey law allows. European Economic Area and United Kingdom: nothing in the Agreement limits the rights consumers have under the mandatory law of the country where they live.

29. Contact and video credits

Legal notices go to Third Space LLC, Attn: Legal, 1309 Coffeen Avenue, Suite 1200, Sheridan, Wyoming 82801, and to joshua@thirdspaced.com, which is also our address for support. Privacy requests go to privacy@thirdspaced.com. Copyright notices go to our designated agent as our Copyright Policy describes, and the Contact page lists every way to reach us.

Some background videos in the Player come from Pexels and are used under the Pexels license, which does not require attribution. We credit their creators as a courtesy where our records name them: Pixabay (Forest Stream), and, in versions of the Apps before the latest update, also Dmitry Marchenkov (Candle in the Dark); Pixabay (Aurora Borealis, Deep Space); Frank Cone (Cosmos Journey); Magda Ehlers (Jellyfish Glow); Pabitra Sarkar (Candlelight Glow); and Wayne Speedy (Rain at Night).