1. Agreement to Terms
These Terms of Service (“Terms”) govern your use of the Arkhitec website at arkhitec.com (the “Site”) and the Arkhitec mobile application on iOS and Android (the “App,” and together with the Site, the “Services”), operated by ARKHITEC PTY LTD (“Arkhitec,” “we,” “our,” or “us”).
By creating an account, downloading the App, or otherwise accessing the Services, you agree to these Terms and to our Privacy Policy, which is incorporated by reference. If you do not agree, do not use the Services.
Effective date: April 19, 2026
2. Description of Service
Arkhitec is a neuro-performance platform providing audio content — including brainwave-entrainment audio (binaural beats, isochronic tones, monaural beats, solfeggio and pure-tone frequencies), guided meditations, sleep stories, a pre-recorded affirmation library, ambient soundscapes, and a multi-track sound mixer — for general wellness, relaxation, focus, and sleep support.
Features, content, and availability may change. The Services are provided on a commercial and, in some cases, free-of-charge basis.
3. Eligibility
You must be at least 13 years old to use the Services. Users aged 13–17 must use the Services with the involvement and consent of a parent or legal guardian, who agrees to be bound by these Terms on behalf of the minor.
By using the Services you represent that you are of legal age in your jurisdiction, that the information you provide is accurate, and that you have not been previously banned from the Services.
4. Account Registration and Security
To access certain features you must create an account. You agree to:
- Provide accurate, current, and complete information and keep it updated.
- Maintain the confidentiality of your account credentials.
- Be responsible for all activity under your account.
- Notify us immediately at support@arkhitec.com of any unauthorized access or suspected breach of security.
We may suspend or terminate accounts that violate these Terms or that show signs of compromise.
5. Subscriptions, Billing, and Auto-Renewal
5.1 Free tier
Arkhitec offers a free tier with limited content. Free-tier access may be reduced, changed, or discontinued at any time.
5.2 Premium subscriptions
Premium subscriptions unlock the full library and advanced features. Current prices, billing intervals, and any free-trial periods are disclosed at the point of purchase in the App Store or Play Store.
5.3 Billing and auto-renewal
Subscriptions are billed through Apple App Store (iOS) or Google Play (Android). Subscriptions automatically renew at the end of each billing period at the then-current price unless you cancel at least 24 hours before the renewal date. Renewals are charged to the payment method on file with Apple or Google.
5.4 Free trials
If a free trial is offered, it converts automatically to a paid subscription at the end of the trial unless you cancel before the trial ends. Unused portions of a free trial are forfeited upon conversion or cancellation.
5.5 Price changes
We may change subscription pricing. We will notify you in advance, and any price change takes effect at the start of the next billing cycle following the notice. Your continued use after the price change takes effect constitutes acceptance.
5.6 How to cancel
To cancel:
- iOS: Settings → [your name] → Subscriptions → Arkhitec → Cancel Subscription.
- Android: Google Play → Menu → Payments & subscriptions → Subscriptions → Arkhitec → Cancel subscription.
Cancellation takes effect at the end of the current billing period; access continues until then. Deleting your account in the App (see Section 7) does not automatically cancel a store-billed subscription.
6. Cancellation and Refunds
Refund policies are governed by the platform through which you purchased:
- Apple App Store: reportaproblem.apple.com
- Google Play: support.google.com/googleplay
EEA and UK users: Consumer-protection law gives you a 14-day right of withdrawal for digital-content purchases. By starting a subscription and accessing premium content, you expressly consent to immediate performance and acknowledge that the 14-day right of withdrawal is lost once the digital content has been delivered. This consent is collected at the point of purchase.
Mandatory local refund rights that cannot be waived remain available.
7. Account Deletion and Termination by You
You may delete your Arkhitec account at any time:
- In the App: Settings → Account → Delete Account.
- Via web: email privacy@arkhitec.com with “Delete my account” in the subject line.
Deletion is processed within 30 days and removes your profile, saved mixes, playlists, and preferences, as described in our Privacy Policy. Certain records (e.g., tax and billing) are retained where required by law.
Cancelling a subscription is separate. Deleting your account does not cancel an active Apple or Google subscription; you must cancel through the store settings described in Section 5.6.
8. License to Use the Services
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services for your personal, non-commercial use on devices you own or control.
Saved mixes and playlists you create are combinations of our licensed content. The license above covers your personal enjoyment of those combinations and does not grant you rights to the underlying audio assets, copyrights, or trademarks, which remain ours or our licensors’.
9. Acceptable Use
You agree not to:
- Use the Services for any unlawful purpose, or in violation of any applicable law or regulation.
- Copy, reproduce, redistribute, resell, publicly perform, or create derivative works from our audio content, software, or other materials, except as expressly permitted.
- Reverse-engineer, decompile, disassemble, or attempt to derive source code or underlying algorithms of the Services.
- Circumvent, disable, or interfere with security, digital rights management, rate limiting, or authentication features.
- Scrape, crawl, or harvest any portion of the Services by automated means without our prior written consent.
- Interfere with or disrupt the integrity, performance, or availability of the Services.
- Create accounts by automated means, under false pretenses, or share your credentials.
- Use the Services to transmit malware, viruses, or other harmful code.
We may suspend or terminate accounts that violate this Section.
10. Intellectual Property
All audio recordings, text, graphics, logos, icons, images, UI designs, and software available through the Services are owned by Arkhitec or its licensors and are protected by copyright, trademark, and other intellectual-property laws. The Arkhitec name and logo are our trademarks; you may not use them without our written permission.
DMCA — Copyright Notices
If you believe material available through the Services infringes your copyright, please send a notice containing the information required by 17 U.S.C. § 512(c)(3) to our designated agent:
- DMCA Agent: ARKHITEC PTY LTD
- Email: legal@arkhitec.com
We will respond to valid notices in accordance with the DMCA and may disable or remove allegedly infringing content. Counter-notices are accepted under the same statute.
11. Feedback
If you send us suggestions, feedback, or ideas about the Services (“Feedback”), you grant Arkhitec a perpetual, irrevocable, worldwide, royalty-free, sublicensable, non-exclusive license to use, reproduce, modify, and incorporate such Feedback into the Services, without any compensation or attribution to you. You represent that the Feedback is your own and does not infringe the rights of any third party. The Services do not otherwise accept public user-generated content.
12. Health and Wellness Disclaimer
Arkhitec is a wellness product — not a medical device, therapy, or substitute for professional care. The Services, including brainwave audio, meditations, affirmations, and sleep stories, are intended for general wellness, relaxation, focus, and sleep support. Statements about audio content, brain states, or outcomes are educational and are not diagnostic or therapeutic claims.
Consult a qualified healthcare provider before beginning any audio-based practice if you have a medical, neurological, auditory, psychiatric, or cardiovascular condition, or if you are pregnant. If you are experiencing a medical or mental-health crisis, contact emergency services or a licensed professional.
13. Audio and Headphone Safety
Arkhitec audio is designed for listening at comfortable volumes, ideally through stereo headphones for binaural and layered content. Please observe the following precautions:
- Keep volume moderate to protect your hearing. Prolonged exposure to loud audio can cause permanent hearing loss.
- Take regular breaks during long sessions and stop immediately if you feel discomfort, dizziness, fatigue, nausea, or disorientation.
- Do not use Arkhitec while driving, cycling, operating machinery, or performing any task requiring full attention.
- If you have a history of seizures, epilepsy (including photosensitive epilepsy), a pacemaker, cochlear implant, or other implanted medical device, are pregnant, or have a diagnosed neurological or auditory condition, consult a qualified healthcare provider before using brainwave, binaural, or isochronic audio.
- Arkhitec is intended for adults and older adolescents. Users aged 13–17 should use the Services under the supervision of a parent or guardian.
If you experience adverse effects, discontinue use and consult a healthcare provider.
14. Not a Medical Device
Arkhitec has not been reviewed or cleared by the US Food and Drug Administration, the European Medicines Agency, the UK MHRA, or any comparable authority. The Services are not intended to diagnose, treat, cure, mitigate, or prevent any disease or medical condition, and no statements about the Services should be interpreted as medical advice.
15. Third-Party Platforms (Apple, Google)
15.1 Apple App Store
You acknowledge that these Terms are concluded between you and Arkhitec only, not with Apple Inc. (“Apple”). Apple is not responsible for the App or its content. To the extent these Terms and Apple’s Licensed Application End User License Agreement (“Apple EULA”) conflict regarding your use of the App on an Apple device, the Apple EULA governs.
You further acknowledge:
- Apple has no obligation to furnish maintenance or support for the App.
- Apple is not responsible for addressing any claims relating to the App, including product-liability, consumer-protection, or intellectual-property claims, except as required by these Terms or the Apple EULA.
- Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms with respect to your license to use the App on Apple devices, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.
15.2 Google Play
On Android devices, your use of the App is also subject to Google Play’s Terms of Service and developer distribution policies. Google has no obligation to provide support for the App, and disputes regarding Google Play billing should be raised with Google.
16. Service Availability and Changes
We strive to keep the Services available, but we do not guarantee uptime. We may:
- Modify, update, add, or remove features, content, or entire areas of the Services at any time.
- Suspend the Services for maintenance, security, or operational reasons.
- Discontinue the Services with reasonable prior notice where feasible.
Beta or preview features are provided “as-is” and may contain defects, change without notice, or be withdrawn.
17. Disclaimers of Warranties
To the fullest extent permitted by applicable law, the Services are provided “as is” and “as available,” without warranties of any kind, whether express, implied, statutory, or otherwise, including without limitation implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, quiet enjoyment, and accuracy.
We do not warrant that the Services will be uninterrupted, error-free, secure, or that audio content will produce any particular outcome. Some jurisdictions do not allow the exclusion of certain warranties, in which case the above exclusions may not apply to you.
18. Limitation of Liability
To the fullest extent permitted by applicable law, in no event shall Arkhitec, its affiliates, officers, directors, employees, agents, or licensors be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including but not limited to lost profits, lost data, loss of goodwill, or inability to use the Services, even if we have been advised of the possibility of such damages.
Our aggregate liability for any claims arising out of or relating to these Terms or the Services shall not exceed the greater of (a) the amount you paid us in the twelve (12) months preceding the claim, or (b) USD $50.
Some jurisdictions do not allow the limitation of liability for certain damages; in those jurisdictions our liability is limited to the smallest amount permitted by applicable law.
19. Indemnification
You agree to defend, indemnify, and hold harmless Arkhitec and its affiliates, officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to your use of the Services, your violation of these Terms, or your violation of any third-party right.
20. Governing Law
These Terms and any dispute arising out of or related to them or the Services are governed by the laws of New South Wales, Australia, without regard to its conflict-of-laws principles, except as may be required by applicable mandatory consumer-protection law of your country of residence.
21. Dispute Resolution
21.1 Informal resolution
Before commencing legal proceedings, you and Arkhitec agree to first attempt to resolve any dispute informally by emailing legal@arkhitec.com with a clear description of the dispute and allowing 60 days for a response.
21.2 Jurisdiction
If informal resolution fails, you and Arkhitec submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia, and the courts competent to hear appeals from those courts, subject only to your mandatory local consumer rights described in Section 21.4.
21.3 Class-action waiver (where permitted)
To the extent permitted by applicable law, you and Arkhitec 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, consolidated, or representative action. This subsection does not apply where mandatory consumer-protection law in your country of residence prohibits class-action waivers.
21.4 EEA / UK / Australia / other mandatory consumer rights
Nothing in this Section limits mandatory consumer rights available under the law of your country of residence. Residents of the EEA, UK, and other jurisdictions with mandatory consumer-protection laws may bring claims in their local courts where such rights cannot be waived. Australian consumers specifically retain the guarantees, remedies, and non-excludable terms provided under the Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth)); nothing in these Terms excludes, restricts, or modifies those rights.
22. Export Controls and Sanctions
You represent that you are not located in, and are not a resident or national of, any country subject to US government embargo or that has been designated by the US government as a “terrorist-supporting” country, and that you are not on any US government list of prohibited or restricted parties. You will not use or export the Services in violation of any applicable export-control or sanctions law.
23. Modifications to Terms
We may update these Terms as the Services evolve. For material changes, we will provide at least 30 days’ notice before the new Terms take effect, by email to the address on your account and by in-app notice where feasible. Continued use after the effective date constitutes acceptance of the updated Terms.
24. Severability
If any provision of these Terms is found to be invalid, unlawful, or unenforceable, that provision will be severed or modified to the minimum extent necessary, and the remaining provisions will remain in full force and effect.
25. Entire Agreement
These Terms, together with our Privacy Policy and any additional terms posted on the Services or agreed to in writing with Arkhitec, constitute the entire agreement between you and Arkhitec regarding the Services and supersede any prior or contemporaneous agreements.
26. Contact Us
Questions, notices, or legal correspondence:
- Email (legal): legal@arkhitec.com
- Email (support): support@arkhitec.com
- Support: arkhitec.com/support
These Terms are issued by ARKHITEC PTY LTD.