Terms of Use

Last updated: June 2026.

Introduction

Our Services are licensed to you, the End User, by MindStateLabs BV (MindStateLabs, the Licensor) for use only in accordance with the terms of this License Agreement.

By downloading any Application in the MindStateLabs suite from Google Play, the Apple App Store, or another store, and any update thereto, you indicate that you agree to be bound by all of the terms and conditions of this License Agreement.

Google and Apple are not parties to this Agreement and are not bound by any provisions or obligations with regard to the Applications, including warranty, liability, maintenance, or support. MindStateLabs is solely responsible for the Applications and their content.

This License Agreement may not provide usage rules that conflict with the latest Google Play Terms of Service or Apple Media Services Terms and Conditions. MindStateLabs acknowledges that it had the opportunity to review those store terms and that this Agreement does not conflict with them.

All rights not expressly granted to you are reserved.

Language. This License Agreement is drafted in English. Any translation is provided for convenience only. If there is any discrepancy or conflict between the English version and a translated version, the English version is the authoritative source and prevails.

The Applications

The MindStateLabs App Suite currently includes:

• MindStateApp (MindState: Binaural Beat Studio): the original binaural beats app for creating and playing binaural beats, monaural beats, isochronic tones, noise, ambient soundscapes, and related audio mixes. It supports relaxation, sleep, focus, meditation, and general personal wellbeing.
• MindStateTinniTuner: a tinnitus support app for matching soothing sound to your tinnitus pitch, choosing filtered sound mixes, and building a listening routine.

These audio apps are intended to support sleep, concentration, calm, creativity, and easing how tinnitus feels in daily life. An overview of research that informs the suite is available at mindstatelabs.com and binauralbeatstudio.com.

The Applications are wellness tools, not medical devices. They do not provide medical, psychological, or therapeutic advice, and are not intended to diagnose, treat, cure, or prevent any disease or condition. MindStateTinniTuner supports relaxation, masking, and tinnitus habituation, but it is not a medical treatment and does not cure tinnitus. The Applications are not tailored to comply with industry-specific regulations (such as HIPAA, FISMA, or medical device regulations). If your use would be subject to such laws, you may not use these Applications.

Responsible Use and Health Notice

Like any audio application, the MindStateLabs suite must be used responsibly. By using any Application, you acknowledge and agree to the following:

Listening volume. Always listen at a comfortable, moderate volume. High volumes or extended listening can cause permanent hearing damage. You are solely responsible for the volume levels and listening durations you choose.

No use during activities requiring attention. Do not use any Application while driving, cycling, operating machinery, or performing any other activity that requires your full attention. Audio intended for relaxation or sleep can reduce alertness.

Medical conditions. Consult a qualified physician before use if you have epilepsy, a seizure disorder, a heart condition, a pacemaker, tinnitus or another hearing condition, or if you are pregnant. Stop use immediately and seek medical advice if you experience discomfort, dizziness, headaches, ringing in the ears, or other adverse effects.

Individual results vary. Research into auditory stimulation and tinnitus support is ongoing, and individual responses differ. MindStateLabs makes no guarantee that any Application will produce any particular effect for you.

Scope of License

You receive a non-transferable, non-exclusive, non-sublicensable license to install and use the Applications on devices that you own or control, as permitted by this Agreement and the terms of the store from which you obtained each Application.

This license also governs updates that replace, repair, or supplement an Application, unless a separate license is provided for such an update.

You may not share or make any Application available to third parties (except as allowed by applicable store terms and with MindStateLabs’ prior written consent), sell, rent, lend, lease, or otherwise redistribute any Application. You may not reverse engineer, translate, disassemble, decompile, integrate, remove, modify, combine, create derivative works of, adapt, or attempt to derive the source code of any Application, or any part thereof (except with MindStateLabs’ prior written consent).

You may not copy (except when expressly authorized by this license) or alter any Application or portions thereof. You may create and store copies only on devices that you own or control for backup purposes under the terms of this license and applicable store terms. You may not remove any intellectual property notices.

Violations of these obligations, or any attempt at such infringement, may result in termination, prosecution, and damages. MindStateLabs reserves the right to modify the terms and conditions of this license. When using any Application, you must comply with applicable third-party terms and conditions.

Purchases and Subscriptions

Parts of the Applications are offered through optional auto-renewing subscriptions and one-time in-app purchases. Prices, billing periods, and included features are shown in each Application and its store listing before purchase.

All payments are processed by Google Play or the Apple App Store. Subscriptions renew automatically unless cancelled at least 24 hours before the end of the current period. You can manage and cancel subscriptions in your store account settings. Refunds follow the policies of the respective store.

Purchased content and subscription features are licensed, not sold, to you under the terms of this License Agreement.

User Content and Sharing

Where an Application allows it, you may load your own audio files or create your own mixes. You are responsible for ensuring you have the rights to any content you use and that your use complies with applicable copyright law.

Where sharing is available, such as mix QR codes or links in MindStateApp, sharing is initiated by you. Shared data contains only the mix or session definition, not your personal data. You are responsible for what you share and with whom.

Maintenance and Support

MindStateLabs is solely responsible for providing maintenance and support for the Applications. You can reach MindStateLabs at the contact details listed in the Google Play or App Store listing for the relevant Application, or via info@mindstatelabs.com.

Google and Apple have no obligation to furnish any maintenance or support services with respect to the Applications.

Use of Data

MindStateLabs’ use of information in connection with the Applications is described in our Privacy Policy.

Warranty and Disclaimers

The Applications are provided “as is” and “as available”, without warranty of any kind. To the maximum extent permitted by applicable law, MindStateLabs disclaims all warranties, whether express, implied, statutory, or otherwise, including any implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

MindStateLabs does not warrant that any Application will be uninterrupted or error-free, that defects will be corrected, or that any Application will produce any particular wellness outcome.

If an Application fails to conform to any applicable warranty that cannot be disclaimed, you may notify the relevant store; the store may refund the purchase price in accordance with its policies.

Limitation of Liability

To the maximum extent permitted by applicable law, MindStateLabs shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of data, arising out of or related to your use of, or inability to use, any Application.

Without limiting the foregoing, and to the maximum extent permitted by applicable law, MindStateLabs shall not be liable for hearing loss, hearing damage, tinnitus, sleep disturbance, or any other physical, psychological, or health-related effects attributed to use of any Application. You are responsible for using the Applications in accordance with the Responsible Use and Health Notice above.

To the maximum extent permitted by applicable law, MindStateLabs’ total aggregate liability arising out of or related to this License Agreement shall not exceed the amount you paid for the relevant Application and in-app purchases in the twelve (12) months preceding the event giving rise to the claim.

Nothing in this License Agreement excludes or limits liability that cannot be excluded or limited under applicable law, including liability for intent or gross negligence.

Termination

This license is valid until terminated by MindStateLabs or by you. Your rights under this license will terminate automatically and without notice if you fail to adhere to any of its terms. Upon termination you must stop all use of the affected Application and destroy all copies of it.

Intellectual Property

The Applications, including their audio engines, bundled content, artwork, and branding, are protected by copyright and other intellectual property laws and remain the property of MindStateLabs or its licensors. Claims of intellectual property infringement should be addressed to MindStateLabs at the contact details in the relevant store listing.

Changes to These Terms

MindStateLabs may update these terms from time to time, for example to reflect new Applications, features, or legal requirements. The current version is always available at this location. Continued use of any Application after changes take effect constitutes acceptance of the revised terms.

Governing Law and Contact

This License Agreement is governed by the laws of the Netherlands, excluding its conflicts of law rules, without prejudice to mandatory consumer protection rules of the country in which you live.

Questions about these terms can be sent to the contact address listed in the Google Play or App Store listing for the relevant Application, or to info@mindstatelabs.com.

Privacy

See our Privacy Policy for details on data handling.