Terms & Conditions

Last Updated: December 22, 2025

1. Agreement to Terms

These Terms and Conditions ("Terms") constitute a legally binding agreement between you ("User" or "you") and DivineBeats, located in Slovenia, European Union ("we," "us," or "our").

By downloading, accessing, or using the DivineBeats mobile application ("App"), you agree to be bound by these Terms. If you do not agree to these Terms, do not use the App.

2. Service Description

DivineBeats provides a digital wellness application offering audio sessions designed to support stress relief and relaxation through proprietary vibrational technology ("Service").

The Service is available as a subscription-based mobile application accessible through various platforms and app stores.

3. Subscription Terms

3.1 Free Trial

• New users may receive a free trial period as specified at the time of signup
• No charges apply during the trial period
• You may cancel anytime before the trial ends without charge
• If you do not cancel before the trial ends, your subscription will automatically begin

3.2 Subscription Plans

• We offer various subscription plans (monthly, yearly, or other periods)
• Current pricing and available plans are displayed in the App and on our website at the time of purchase
• Pricing may vary by region and is subject to applicable taxes and currency conversion
• Additional subscription plans may be added in the future

3.3 Automatic Renewal

• Subscriptions automatically renew unless canceled at least 24 hours before the end of the current period
• Your payment method will be charged for renewal within 24 hours prior to the end of the current period
• You can manage or cancel your subscription through your account with the applicable payment platform

3.4 Changes to Pricing

• We reserve the right to modify subscription pricing with reasonable advance notice
• Price changes do not affect existing subscribers until their next renewal period

4. Payment and Refunds

4.1 Payment Processing

• Payments are processed through third-party payment platforms (such as app stores or payment processors)
• Payment methods and billing are managed by the applicable platform according to their terms

4.2 Refund Policy

• You may cancel your free trial at any time before it ends without charge
• Refund requests for paid subscriptions must be submitted through the payment platform you used (app store, website payment processor, etc.)
• Refunds are subject to the refund policies of the applicable payment platform
• We cannot guarantee refund approvals as these decisions may be made by third-party payment processors
• For direct purchases through our website (when available), refund requests can be submitted to support@divinebeats.app

5. Account Registration

5.1 Account Requirement

• You must create an account to access and use the Service
• Account creation requires providing certain information, including an email address
• You may register using various authentication methods as available in the App

5.2 Account Responsibilities

• You are responsible for maintaining the confidentiality of your account credentials
• You agree to provide accurate and complete information
• You must keep your account information (including email address) current and accurate
• You are responsible for all activities under your account
• You must notify us immediately of any unauthorized access

6. Health and Medical Disclaimer

IMPORTANT: DivineBeats is a wellness tool designed to support stress relief and relaxation. It is NOT a medical device and is NOT intended to diagnose, treat, cure, or prevent any disease or medical condition.

6.1 Not a Substitute for Professional Care

• The Service is not a replacement for professional medical advice, diagnosis, or treatment
• Always consult your physician or qualified healthcare provider with questions about any medical condition
• Never disregard professional medical advice or delay seeking it because of information from the App

6.2 Emergency Situations

• If you are experiencing a medical emergency, call emergency services immediately
• The App is not designed for crisis intervention or emergency support

6.3 Individual Results May Vary

• Results from using the Service vary from person to person
• We make no guarantees about specific outcomes or results

6.4 User Responsibility

• You use the App at your own risk
• Discontinue use and consult a healthcare provider if you experience any adverse effects

7. Intellectual Property Rights

7.1 Ownership and Copyright

• All content, features, and functionality of the App, including but not limited to audio sessions, proprietary technology, text, graphics, logos, and software, are owned by DivineBeats and are protected by international copyright, trademark, and other intellectual property laws
• The audio sessions and vibrational technology are copyrighted works owned by Vasja Ferrari
• All rights reserved

7.2 Limited License

• We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the App for personal, non-commercial purposes
• You may not copy, modify, distribute, sell, or lease any part of the App or its content
• You may not reverse engineer or attempt to extract the source code of the App

7.3 Restrictions

• You may not use the App's audio sessions or content for commercial purposes
• You may not share your subscription access with others
• Recording, reproducing, or redistributing App content is strictly prohibited

8. User Conduct

You agree NOT to:

• Use the App for any illegal purpose or in violation of any laws
• Attempt to gain unauthorized access to the App or its systems
• Interfere with or disrupt the App's functionality or servers
• Use automated systems (bots, scrapers) to access the App
• Impersonate any person or entity or misrepresent your affiliation
• Upload viruses or malicious code
• Collect user information without consent

9. Privacy and Data Protection

9.1 Privacy Policy

• Your use of the App is also governed by our Privacy Policy
• We collect and process personal information (including your email address) when you create an account and use the Service
• We process personal data in accordance with EU General Data Protection Regulation (GDPR) and applicable privacy laws
• For complete information about what data we collect and how we use it, please see our Privacy Policy

9.2 Data Security

• We implement reasonable security measures to protect your data
• However, no internet transmission is 100% secure, and we cannot guarantee absolute security

10. Platform and Device Requirements

10.1 Availability

• The App is available on various mobile platforms and devices
• Specific platform availability and compatibility requirements are listed on our website and in the respective app stores

10.2 Third-Party Platforms

• Your use of the App through third-party platforms (app stores, operating systems) is subject to those platforms' terms of service
• We are not responsible for any third-party platform policies, changes, or compatibility issues

10.3 Technical Requirements

• You are responsible for ensuring your device meets the minimum technical requirements to use the App
• We are not liable for performance issues related to your device or internet connection

11. Limitation of Liability

11.1 "As Is" Basis

• The App is provided on an "as is" and "as available" basis without warranties of any kind, either express or implied
• We do not warrant that the App will be uninterrupted, error-free, or secure

11.2 Disclaimer of Warranties

To the fullest extent permitted by law, we disclaim all warranties, including but not limited to:

• Fitness for a particular purpose
• Merchantability
• Non-infringement
• Accuracy or completeness of content

11.3 Limitation of Damages

• To the maximum extent permitted by applicable law, DivineBeats and Vasja Ferrari shall not be liable for any indirect, incidental, special, consequential, or punitive damages
• Our total liability shall not exceed the amount you paid for the subscription in the 12 months preceding the claim
• Some jurisdictions do not allow limitation of liability, so these limitations may not apply to you

12. Indemnification

You agree to indemnify and hold harmless DivineBeats, Vasja Ferrari, and our affiliates from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from:

• Your use or misuse of the App
• Your violation of these Terms
• Your violation of any rights of another party
• Your violation of applicable laws or regulations

13. Termination

13.1 By You

• You may cancel your subscription at any time through your account with the applicable payment platform
• Upon cancellation, you retain access until the end of your current billing period

13.2 By Us

• We reserve the right to suspend or terminate your access to the App at any time for violation of these Terms
• We may discontinue the Service with reasonable advance notice

13.3 Effect of Termination

• Upon termination, your right to use the App ceases immediately
• Provisions regarding intellectual property, limitation of liability, and dispute resolution survive termination

14. Changes to Terms

14.1 Modifications

• We reserve the right to modify these Terms at any time
• We will notify users of material changes via email or through the App
• Changes become effective 30 days after notification

14.2 Continued Use

• Your continued use of the App after changes take effect constitutes acceptance of the modified Terms
• If you do not agree to changes, you should cancel your subscription

15. Geographic Restrictions

15.1 Availability

• The App is intended for users worldwide, subject to local laws
• We make no representation that the App is appropriate or available for use in all locations

15.2 Export Control

• You agree to comply with all applicable export and import laws and regulations

16. Governing Law and Dispute Resolution

16.1 Governing Law

• These Terms are governed by the laws of Slovenia and the European Union, without regard to conflict of law principles

16.2 Jurisdiction

• Any disputes arising from these Terms or your use of the App shall be subject to the exclusive jurisdiction of the courts of Slovenia

16.3 EU Consumer Rights

• Nothing in these Terms affects your statutory rights as a consumer under EU law

17. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

18. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and DivineBeats regarding the use of the App and supersede all prior agreements and understandings.

19. No Waiver

Our failure to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision.

20. Contact Information

For questions, concerns, or support regarding these Terms or the App, please contact us:

DivineBeats
Operated by: Vasja Ferrari
Location: Slovenia, European Union
Email: support@divinebeats.app

21. Acknowledgment

By using DivineBeats, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.