TERMS OF SERVICE – SEPTASYNC
Last Updated: February 11, 2026
Effective Date: February 11, 2026
IMPORTANT NOTICE: THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER IN SECTION 15. IT GOVERNS HOW DISPUTES ARE RESOLVED AND AFFECTS YOUR LEGAL RIGHTS. PLEASE READ IT CAREFULLY.
1. AGREEMENT TO TERMS
1.1. Contractual Relationship. These Terms of Service (“Terms,” “Agreement”) constitute a legally binding contract between Virya LLC, a California limited liability company doing business as SeptaSync (“Company,” “we,” “us,” “our”) and you (“User,” “you,” “your”). By accessing, downloading, installing, or using the SeptaSync mobile application, website (https://septasync.com), and all related services, features, content, and applications (collectively, the “Service”), you (a) acknowledge you have read, understand, and agree to be bound by these Terms; and (b) represent you have the legal capacity and authority to enter into this Agreement.
1.2. Incorporation by Reference. Our Privacy Policy (https://septasync.com/privacy-policy) is expressly incorporated into and made a part of these Terms. You must not use the Service if you do not accept all terms herein.
2. THE SERVICE
2.1. Nature of Service. The Service provides digital binaural audio content for personal wellness, relaxation, focus, meditation, and entertainment. The Service includes features for streaming audio, syncing user preferences across platforms, and Personalization does not involve medical diagnosis or treatment.
2.2. No Guarantee of Results. The Company makes no claims, representations, or guarantees regarding specific physiological, psychological, or neurological outcomes from the use of the Service. Individual experiences are subjective and variable.
2.3. Modifications & Discontinuation. The Company reserves the unilateral right, at any time and for any reason, to modify, update, suspend, or discontinue the Service (or any part thereof), temporarily or permanently, with or without notice. You agree the Company shall not be liable to you or any third party for any such modification, suspension, or discontinuance. For paying subscribers, material adverse changes to core functionalities are governed by Section 13 (Changes to Terms).
3. ELIGIBILITY & ACCOUNTS
3.1. Age Requirement. You must be at least sixteen (16) years of age to use the Service. By using the Service, you represent and warrant you meet this age requirement. Use by anyone under 16 is strictly prohibited.
3.2. Account Creation & Integrity. To access certain features, you must register an account. You agree to provide and maintain accurate, current, and complete information. You are solely responsible for all activities under your account and maintaining the confidentiality of your credentials. You must immediately notify us at support@septasync.com of any unauthorized use. The Company is not liable for losses arising from unauthorized use, but may suspend or terminate the account at its discretion.
3.3. Prohibited Account Transfers. Accounts are non-transferable. You may not sell, rent, lease, gift, or otherwise share your account or subscription access with any third party.
4. CRITICAL MEDICAL & SAFETY DISCLAIMER
THE SERVICE IS NOT MEDICAL OR THERAPEUTIC TREATMENT. IT IS A GENERAL WELLNESS PRODUCT FOR PERSONAL USE.
4.1. No Medical Advice. THE BINAURAL AUDIO CONTENT PROVIDED BY THE SERVICE IS FOR RELAXATION, FOCUS, MEDITATION, AND ENTERTAINMENT PURPOSES ONLY. IT IS NOT INTENDED TO DIAGNOSE, TREAT, CURE, OR PREVENT ANY DISEASE, ILLNESS, OR MEDICAL CONDITION. IT IS NOT A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT.
4.2. User Assumption of Risk. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SERVICE IS SOLELY AT YOUR OWN RISK. YOU ASSUME FULL RESPONSIBILITY FOR ANY AND ALL CONSEQUENCES, INCLUDING PERSONAL INJURY OR DISCOMFORT.
4.3. Mandatory Warnings. YOU MUST:
4.4. Release. To the maximum extent permitted by law, you hereby release, discharge, and hold harmless the Company from any and all liability, claims, demands, or causes of action arising from or related to any physical, mental, or emotional injury, illness, or other harm you may suffer in connection with your use of the Service. This release does not apply to liability arising from gross negligence, fraud, or willful misconduct, to the extent such limitation is prohibited by law.
5. USER CONDUCT & PROHIBITED USES
You agree not to use the Service to:
6. INTELLECTUAL PROPERTY
6.1. Company Ownership. The Service, including all underlying software, technology, binaural audio compositions, visual interfaces, graphics, design, and all related intellectual property, are and shall remain the exclusive property of Virya LLC and its licensors, protected by copyright, trademark, patent, and other laws.
6.2. Limited License. Subject to your compliance with these Terms, the Company grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service for your personal, non-commercial use. All rights not expressly granted are reserved.
7. PAYMENTS, SUBSCRIPTIONS, & REFUNDS
7.1. Fees. You agree to pay all applicable fees for Subscriptions as described within the Service. Fees are non-refundable except as expressly stated herein or as required by applicable mandatory law.
7.2. Third-Party Payment Processors. All payments are processed by third-party platforms (e.g., Apple App Store, Google Play Store). You agree to their terms. REFUND REQUESTS FOR PURCHASES MADE THROUGH APP STORES ARE GOVERNED SOLELY BY THE POLICIES OF THOSE PLATFORMS. WE DO NOT CONTROL AND ARE NOT RESPONSIBLE FOR THEIR REFUND DECISIONS.
7.3. Auto-Renewal. Subscriptions automatically renew at the end of the billing period unless canceled by you at least 24 hours before renewal. You are solely responsible for managing and canceling your subscription through your device’s or platform’s account settings.
7.4. Service Discontinuation Refund. If the Company voluntarily and permanently discontinues the Service for all users, it may, in its sole discretion, issue a pro-rata refund of any prepaid subscription fees. The Company reserves the right to determine whether any refund is issued and the method thereof.
8.DISCLAIMER OF WARRANTIES
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. THE COMPANY EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. THE COMPANY DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS.
9.LIMITATION OF LIABILITY
9.1. Exclusion of Consequential Damages. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, DIRECTORS, EMPLOYEES, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, OR PERSONAL INJURY, ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
9.2. Cap on Liability. THE TOTAL AGGREGATE LIABILITY OF THE COMPANY FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) ONE HUNDRED U.S. DOLLARS ($100.00) OR (B) THE TOTAL AMOUNT YOU HAVE PAID TO THE COMPANY IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
9.3. Essential Basis of the Bargain. THE LIMITATIONS IN THIS SECTION 9 ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN THE COMPANY AND YOU. THE COMPANY WOULD NOT BE ABLE TO PROVIDE THE SERVICE WITHOUT SUCH LIMITATIONS.
10.INDEMNIFICATION
10.1. Indemnification Obligation. You agree to defend, indemnify, and hold harmless the Company, its affiliates, and their respective officers, directors, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising from: (a) your willful or materially breaching use of and access to the Service in violation of these Terms; (b) your violation of any third-party right, including any intellectual property or privacy right; or (c) any claim that your User Content caused damage to a third party. This defense and indemnification obligation will survive the termination or expiration of these Terms and your use of the Service.
10.2. Limitation on Indemnification Obligation. To the extent you are required to indemnify the Company under this Section 10, your liability shall be limited to claims arising directly from your breach, and the Company shall seek recovery of its reasonable costs and attorneys’ fees only. You shall not be responsible for the Company’s internal administrative costs or overhead.
11. TERMINATION
11.1. By Company. The Company may, in its sole discretion, suspend or terminate your account and access to the Service immediately, without prior notice or liability, for any reason, including if you breach these Terms.
11.2. Effect of Termination. Upon termination, your license to use the Service ceases immediately. Sections 4 (Medical Disclaimer), 6 (Intellectual Property), 8 (Disclaimer), 9 (Limitation of Liability), 10 (Indemnification), 14 (Governing Law), and 15 (Dispute Resolution) shall survive termination.
12. PRIVACY & DATA
Your use of the Service is subject to our Privacy Policy (https://septasync.com/privacy-policy). You acknowledge that your personal data may be transferred to and processed in the United States and other countries, as described in the Privacy Policy.
For users in the European Economic Area and the United Kingdom:
EU/EEA & UK GDPR Representatives (Article 27)
If you are located in the EU or UK, and have questions or concerns regarding your personal data, you may contact our GDPR representative:
EU Representative:
Euverify Ltd (Ireland),
Unit 3D North Point House
North Point Business Park
New Mallow Road, Cork
T23 AT2P, Ireland
Email: gdpr@euverify.com
UK Representative:
Euverify Ltd (UK),
3rd Floor, 86-90 Paul Street
London, EC2A 4NE
United Kingdom
Email: gdpr@euverify.com
To submit a Data Subject Access Request (DSAR), data deletion request, or any other GDPR-related inquiry, please use our secure portal.
This link allows you to verify our appointed representative and submit GDPR requests directly. Requests submitted through this portal are logged and tracked to ensure timely response and compliance.
13.CHANGES TO TERMS
The Company reserves the right to modify these Terms at any time. We will provide notice of material changes by posting the updated Terms on the Service and updating the “Last Updated” date. Your continued use of the Service after the effective date of revised Terms constitutes your acceptance of them. If you are a paying subscriber and a change is materially adverse, we will provide at least fourteen (14) days’ notice via email. Your non-cancellation of your subscription during that notice period constitutes acceptance.
14.GOVERNING LAW & VENUE
14.1. General Governance. These Terms and any dispute arising from them shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles.
14.2. Venue for Legal Actions (Non-Arbitration). Except for disputes subject to arbitration under Section 15, any legal action or proceeding arising under these Terms will be brought exclusively in the federal or state courts located in San Luis Obispo County, California, and you hereby irrevocably consent to the personal jurisdiction and venue therein.
14.3. EU/UK Consumer Rights. NOTWITHSTANDING THE FOREGOING, IF YOU ARE A CONSUMER RESIDENT IN THE EUROPEAN UNION OR THE UNITED KINGDOM, YOU RETAIN THE MANDATORY CONSUMER RIGHTS PROTECTIONS GRANTED BY THE LAWS OF YOUR COUNTRY OF RESIDENCE. YOU MAY BRING CLAIMS TO ENFORCE THOSE PROTECTIONS IN THE COURTS OF YOUR COUNTRY OF RESIDENCE.
15.DISPUTE RESOLUTION & BINDING ARBITRATION
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.
15.1. Mandatory Informal Dispute Resolution. Before initiating arbitration, you must first contact us at support@septasync.com with a description of your claim and attempt to resolve it informally for at least 45 days.
15.2. Binding Arbitration. If informal resolution fails, any dispute, claim, or controversy arising out of or relating to these Terms or the Service shall be settled by final and binding confidential arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules, excluding any rules or procedures governing or permitting class actions. The arbitrator’s award may be entered as a judgment in any court of competent jurisdiction.
15.3. Arbitration Procedures. The arbitration will be conducted by a single neutral arbitrator in San Luis Obispo County, California, or virtually. Each party shall bear its own costs and fees, including attorneys’ fees, arbitration administration fees, and arbitrator compensation. The Company will, however, advance the first $350.00 of the user’s filing fees. The arbitrator may, in their discretion, award reasonable fees and costs to the prevailing party.
15.4. Class Action & Jury Trial Waiver. YOU AND THE COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. FURTHER, YOU WAIVE ANY RIGHT TO A TRIAL BY JURY.
15.5. Exceptions. This arbitration agreement does not preclude you from bringing individual claims in small claims court or seeking injunctive relief in court for intellectual property infringement or misuse.
16. MISCELLANEOUS
16.1. Severability. If any provision of these Terms is held invalid or unenforceable, that provision will be modified to the minimum extent necessary to make it valid and enforceable, and the remaining provisions will remain in full force.
16.2. Entire Agreement. These Terms, together with the Privacy Policy, constitute the entire agreement between you and the Company regarding the Service and supersede all prior agreements.
16.3. No Waiver. The Company’s failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.
16.4. Assignment. You may not assign these Terms. The Company may assign these Terms without restriction.
16.5. Contact. For questions, contact:
Virya LLC (d/b/a SeptaSync)
3145 Alicita CT APT D, San Luis Obispo, CA
Email: support@septasync.co
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