TERMS OF SERVICE
Last Updated: March 3, 2026
1. Acceptance of Terms
These Terms of Service (“Terms”) constitute a legally binding agreement between you (“User,” “you”) and Virya LLC (“we,” “us,” or “our”). They govern your access to and use of the SeptaSync mobile application, website (https://septasync.com), and all related services, features, content, and applications (collectively, the “Service”).
By accessing, installing, or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy (https://septasync.com/privacy-policy), which is incorporated herein by reference. If you do not agree to these Terms or the Privacy Policy, you must not access or use the Service.
2. Description of Service and Availability
SeptaSync provides a digital platform offering binaural audio content designed for relaxation, focus, meditation, and entertainment. The Service allows users to stream audio tracks, sync preferences and usage data between the mobile app and website, and access personalized features. We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time.
Service Availability. We strive to provide reliable access, but do not guarantee uninterrupted service. The Service may be temporarily unavailable due to scheduled maintenance, system upgrades, or unforeseen technical disruptions.
3. User Accounts, Registration, and Security
3.1 Eligibility and Age Requirements
(a) Minimum Age. You must be at least sixteen (16) years of age to use the Service. By accessing or using the Service, you represent and warrant that you meet this minimum age requirement.
(b) Minors and Parental Consent. If you are under the age of majority in your jurisdiction, you may only use the Service with the consent and supervision of your parent or legal guardian. You represent that you have reviewed these Terms with your parent or guardian and that they agree to be bound by these Terms on your behalf and accept responsibility for your compliance.
(c) Parental Responsibility. If you are a parent or legal guardian permitting a minor to use the Service, you are subject to these Terms and are responsible for that minor’s activity on the Service, including any payments, charges, or liabilities they may incur.
(d) Prohibition for Younger Users. Users under the age of sixteen (16) are prohibited from using the Service. If we learn that we have collected personal information from a user under sixteen (16) without verified parental consent required by law, we will delete that information as described in our Privacy Policy.
3.2 Account Registration
To access certain features of the Service, such as syncing data across devices, you must create an account. You agree to provide accurate, current, and complete information (including a valid email address) during registration and to update such information promptly to maintain its accuracy.
3.3 Account Security and Usage
(a) Security Responsibilities. You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. Your account is personal to you. You may not share, resell, lease, transfer, or otherwise permit any third party to use your account, subscription, or credentials.
(b) Notification Requirement. You must notify us immediately at support@septasync.com of any unauthorized use of your account or any other security breach. We are not liable for any loss or damage arising from your failure to protect your account.
(c) Previous Removal. You agree not to create an account if we have previously removed you or your account from the Service, unless we provide our express written consent to do so.
4. Medical Disclaimer
THE SERVICE AND ITS BINAURAL AUDIO CONTENT ARE PROVIDED FOR RELAXATION, FOCUS, MEDITATION, AND ENTERTAINMENT PURPOSES ONLY. THEY ARE NOT INTENDED TO BE, AND DO NOT CONSTITUTE, MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT.
Neuroscientific Context. While binaural beats are the subject of scientific research, individual experiences vary. SeptaSync makes no claims regarding specific neurological outcomes or guaranteed results from using our audio content. The Service is designed for general wellness purposes, not therapeutic intervention.
WARNING.
5. User Conduct, Responsibilities, and Export Compliance
You agree to use the Service only for lawful purposes and in accordance with these Terms. You agree not to, and not to permit others to:
Export Control & Sanctions. You represent that you are not (a) 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; or (b) listed on any U.S. Government list of prohibited or restricted parties. You may not use the Service in any jurisdiction where its provision or your use would be illegal. We reserve the right to limit or deny service to comply with U.S. export control, economic sanctions, and other laws.
Service Availability. The Service is intended for and offered only to users in the United States and other jurisdictions where our offerings are legally permitted. By accessing or using the Service, you represent and warrant that you are in one of these jurisdictions. We reserve the right to limit or block access from any geographic location at our discretion.
6. Intellectual Property Rights
The Service, including its original software, design, features, functionality, binaural audio content, text, graphics, and logos, is owned by Virya LLC and its licensors and is protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws. Your use of the Service grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your personal, non-commercial use. All rights not expressly granted are reserved.
7. Copyright Infringement (DMCA)
We respect the intellectual property rights of others. If you believe your copyrighted work has been copied and is accessible on our Service in a way that constitutes copyright infringement, please notify our designated agent with a written communication containing the information required by the Digital Millennium Copyright Act (DMCA), 17 U.S.C. § 512(c)(3). Our designated agent for notice of copyright infringement is:
Copyright Agent
Virya LLC
1401 21 ST STE R
Sacramento, CA 95811
Email: copyright@septasync.com
8. User-Generated Content and Audio Usage Data
If you submit any content through the Service (e.g., support requests, feedback), you grant us a non-exclusive, royalty-free, perpetual license to use, reproduce, and modify such content to provide support and improve the Service.
As detailed in our Privacy Policy, we collect data about your interactions with audio tracks (playback, duration, preferences) to personalize your experience and improve our Service. By using the Service, you consent to this collection and processing. You acknowledge that we do not infer or derive medical conditions from this data.
9. Payment, Subscriptions, and Refunds
Subscription Plans. SeptaSync offers various subscription plans, including monthly and annual individual plans, as well as monthly and annual family plans (“Subscription”). Details of current plans and pricing are available within the Service.
Auto-Renewal and Cancellation. Your Subscription will automatically renew at the end of each billing period (monthly or annually) at the then-current price, unless you cancel it before the renewal date. You are solely responsible for managing and canceling your Subscription. You can cancel your Subscription at any time through your account/profile settings on the SeptaSync website or directly within the mobile app. Cancellation will stop future charges, but you will retain access for the remainder of the pre-paid period.
Payment Processing. All payments are processed by a third-party payment provider or the relevant app store (Apple App Store or Google Play Store). You agree to their terms and conditions. We do not store your full payment card details.
Fees and Refunds. Subscription fees are non-refundable, except as expressly provided herein or as required by applicable law. We do not provide refunds for partial months or years of service, or for unused time if you cancel during a billing period.
Service Discontinuation Refund. Notwithstanding the foregoing, if Virya LLC voluntarily and permanently discontinues the SeptaSync Service for all users, we will provide a prorated refund of any prepaid subscription fees covering the period after the discontinuation date. This refund will be processed automatically to your original payment method within sixty (60) days of discontinuation.
10. Third-Party Services and Links
The Service integrates with and uses third-party services (e.g., Google Cloud Platform for hosting, Google Analytics for analytics, Mailchimp for communications). Your use of these third-party services is governed by their respective terms and privacy policies. We are not responsible for the practices of these third parties.
11. Disclaimer of Warranties; Limitation of Liability
THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL VIRYA LLC, ITS DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE. OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU HAVE PAID TO US IN THE LAST SIX MONTHS, OR FIFTY US DOLLARS ($50.00), WHICHEVER IS GREATER.
12. Indemnification
You agree to defend, indemnify, and hold harmless Virya LLC and its affiliates, officers, agents, and employees from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt arising from: (a) your use of and access to the Service; (b) your violation of any term of these Terms; or (c) your violation of any third-party right, including any intellectual property or privacy right.
13. Data Privacy and Security
Your privacy is paramount. Our collection, use, and sharing of your personal information, including Audio Usage Data, Device Information, and Technical Data, are described in full in our Privacy Policy (https://septasync.com/privacy-policy). You acknowledge and agree that your data may be transferred to and processed in the United States and other countries, which may have data protection laws different from those in your country of residence, as described therein.
14. Termination
We may suspend or terminate your account and access to the Service immediately, without prior notice or liability, for violation of these Terms or for any other reason in our sole discretion. Upon termination, your right to use the Service will cease immediately. You may delete your account and associated data at any time via the Service settings. If you are unable to delete your account through the Service, you may submit a deletion request to support@septasync.com, which we will process within thirty (30) days in accordance with our Privacy Policy. Our data retention practices following termination are outlined in our Privacy Policy.
15.Governing Law and Dispute Resolution
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.
Informal Resolution First. Before filing any claim, you agree to attempt an informal resolution by contacting us at support@septasync.com with a detailed description of your concern. We will attempt to resolve the matter within forty-five (45) days.
Jurisdiction. If informal resolution fails, any dispute arising from these Terms shall be brought in the state or federal courts located in the County of San Luis Obispo, California.
Class Action Waiver. You may only resolve disputes with us on an individual basis and may not bring a claim as a plaintiff or class member in a class, consolidated, or representative action.
16. Changes to Terms
We reserve the right to modify or replace these Terms at any time at our sole discretion. We will provide notice of material changes by posting the new Terms on our website and within the app and updating the “Last Updated” date.
Material Change Notification for Subscribers. For any change to these Terms that we determine, in our sole discretion, to be material and adverse to subscribers (such as, but not limited to, a significant increase in subscription price or reduction of core functionalities), we will provide at least thirty (30) days’ advance notice via email to the address associated with your account. Your continued use of the Service after the effective date of such material changes constitutes your acceptance, but if you do not agree to the material changes, you may cancel your subscription before the effective date and receive a prorated refund of any prepaid period.
17. Accessibility Commitment
Virya LLC is committed to ensuring digital accessibility for people with disabilities. We are continually improving the user experience for everyone and applying the relevant accessibility standards. If you encounter any accessibility barriers while using SeptaSync, please contact us at support@septasync.com with “Accessibility” in the subject line.
18. Severability
If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the validity, legality, and enforceability of the remaining provisions will not in any way be affected or impaired. The parties agree to replace such provision with one that is valid, legal, and enforceable and achieves, to the greatest extent possible, the original economic, legal, and commercial objectives of the provision.
19. Entire Agreement
These Terms, together with our Privacy Policy (https://septasync.com/privacy-policy) and any other legal notices or guidelines published by us on the Service, constitute the entire agreement between you and Virya LLC regarding your use of the Service. These Terms supersede all prior or contemporaneous communications, proposals, and agreements, whether electronic, oral, or written, between you and Virya LLC regarding the Service.
20. Contact Information and Legal Notices
If you have any questions about these Terms, please contact us at:
Virya LLC
1401 21 ST STE R
Sacramento, CA 95811
General Support and Privacy Inquiries: support@septasync.com
Legal / DMCA Inquiries: copyright@septasync.com
Website Contact Form: https://septasync.com/contact-us/
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