Terms of Service

1. About BurnSong and the Service

BurnSong is an independent sound studio. We design and produce binaural beats, focus music, and guided concentration sessions for general wellness, productivity, and entertainment use. The Service provides access to our audio catalog via in-browser streaming on the Site, available to listeners who have created a free BurnSong account.

The Service is offered for personal, non-commercial enjoyment only. BurnSong retains complete ownership and control over the audio content, the Site, and the Service, and grants you only the limited license described in Section 6.

2. Eligibility

To use the Service, you must:

• Be at least 18 years old (or the age of majority in your state or jurisdiction, whichever is greater);
• Have the legal capacity to enter into these Terms;
• Not be barred from receiving the Service under any applicable law (including any sanctions, export-control, or similar regime); and
• Not have previously been suspended or removed from the Service by BurnSong, unless we expressly permit your return.

The Service is not directed to minors. If you are under 18, please do not create a BurnSong account, submit personal information, or otherwise use the Service.

3. Your BurnSong Account

3.1 Creating an Account

To listen to BurnSong audio, you must create a free account. When you register, you agree to provide accurate, current, and complete information and to keep it up to date.

3.2 Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You agree to:

• Choose a strong, unique password that you don't reuse on other services;
• Never share your password or let another person sign in using your credentials;
• Sign out of your account on shared or public devices;
• Notify BurnSong promptly at info@burnsong.com if you suspect any unauthorized access or other security concern.

BurnSong is not liable for any loss or damage arising from your failure to comply with this Section. We may, at our discretion, require password resets or temporarily lock accounts we believe may be compromised.

3.3 One Account Per Person

BurnSong accounts are individual and non-transferable. You may maintain only one active account at a time. Accounts may not be shared, sold, rented, or assigned to any other person or entity.

3.4 Suspension and Termination of Accounts

BurnSong may suspend, restrict, or terminate your account and your access to the Service at any time and without prior notice if we reasonably believe that you have violated these Terms, created a risk to the Service or to other listeners, or engaged in conduct we consider inappropriate. You may also close your account at any time by following the in-product controls or by contacting us at info@burnsong.com.

4. Fees and Future Paid Features

Access to the Service is currently provided free of charge. BurnSong reserves the right to introduce paid memberships, subscriptions, one-time purchases, bundles, or other paid features at any time. If you choose to purchase any paid feature in the future, additional terms — including pricing, billing cycles, cancellation rules, and refund policies — will be presented to you at checkout and will form part of these Terms by reference. These Terms do not obligate BurnSong to provide any feature free of charge in perpetuity.

5. Ownership of the Service and Audio Content

The Service, the Site, the BurnSong name and logo, and all audio tracks, sessions, compositions, sound design, recordings, waveforms, artwork, written content, source code, interface design, and underlying technology (collectively, the “BurnSong Content”) are owned by BurnSong or its licensors and are protected by copyright, trademark, and other U.S. and international intellectual-property laws.

Except for the limited license granted in Section 6, nothing in these Terms transfers any ownership interest in the BurnSong Content to you. All rights not expressly granted are reserved by BurnSong.

6. Your License to Stream

Subject to your full compliance with these Terms, BurnSong grants you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to access the Site and to stream BurnSong audio, in real time and through an authorized browser on the Site, solely for your own personal, non-commercial wellness, productivity, and entertainment use.

The Service is streaming-only. BurnSong does not grant you any right to download, save, store, copy, duplicate, capture, record, re-transmit, cache beyond ordinary browser operation, or otherwise make a persistent copy of any BurnSong audio. Any attempt to do so is a material breach of these Terms and may infringe BurnSong's copyrights.

7. Prohibited Conduct

You agree that you will not, and will not attempt to:

• Copy, download, save, record (including via screen or audio capture), transcribe, re-encode, or otherwise fix a BurnSong audio stream in a tangible medium;
• Redistribute, publicly perform, broadcast, synchronize, livestream, upload to another platform, or otherwise share BurnSong audio with anyone outside your personal, individual listening;
• Use the Service or any BurnSong Content for commercial purposes, including playing the audio in a business setting, a video production, a streaming channel, a podcast, a mobile application, or any for-profit context, without our prior written consent;
• Circumvent, disable, or interfere with any security, authentication, DRM, rate-limiting, or access-control mechanism of the Service;
• Reverse-engineer, decompile, disassemble, or otherwise attempt to derive source code or underlying ideas from the Service, except to the limited extent applicable law expressly permits;
• Use any automated tool, bot, scraper, crawler, or data-extraction technology to access or collect content, listening data, or other information from the Service;
• Frame, mirror, or otherwise embed the Site or Service within another site or application without our written permission;
• Impersonate another person, misrepresent your identity, create an account on behalf of someone who has not consented, or create accounts through automated means;
• Use the Service in any way that violates applicable law, infringes another person's rights, or transmits malware, harmful code, or abusive content;
• Interfere with the operation of the Service, overload our infrastructure, or attempt to degrade its performance for other listeners.

BurnSong may investigate and take action against conduct that we reasonably believe violates this Section, including suspending or terminating your account, blocking access from particular networks, and pursuing legal remedies.

8. Wellness Disclaimer – No Medical Claims

BurnSong audio is produced for general wellness, productivity, and entertainment purposes only. It is not a medical device, not a clinical treatment, not a diagnostic tool, and not a substitute for advice, diagnosis, or treatment from a qualified healthcare professional.

BurnSong makes no representation or warranty that any specific session will produce any particular outcome — such as focus, relaxation, reduced anxiety, improved sleep, enhanced concentration, or any other effect — for any particular listener. Individual responses to binaural beats, focus music, and guided audio vary significantly.

You should not use BurnSong audio in situations where concentration, alertness, hearing environmental sounds, or normal brain activity is required for your safety or the safety of others — for example, while driving, operating machinery, cycling in traffic, or in any other context where impaired attention to your surroundings could cause harm. If you have epilepsy, a seizure disorder, a hearing impairment, a psychiatric condition, or any other medical condition that might be affected by audio stimulation, consult a qualified healthcare professional before using the Service. If you feel unwell while listening, stop immediately.

9. Communications From BurnSong

By creating a BurnSong account, you agree that we may send you transactional or service messages (for example, account confirmations, password resets, security alerts, and changes to these Terms or the Privacy Policy) via the email address associated with your account. These messages are necessary to operate the Service and cannot be opted out of while your account remains active.

10. Third-Party Services and Links

The Site may link to or otherwise surface third-party websites, services, or tools (for example, social-media platforms, analytics providers, or help-desk integrations). BurnSong does not control those third parties and is not responsible for their content, practices, or terms. Your use of any third-party service is governed by that third party's own terms and privacy policy.

11. Feedback

If you voluntarily send us ideas, suggestions, feedback, or other materials about the Service (“Feedback”), you agree that your Feedback is non-confidential and that BurnSong may use, reproduce, and commercialize it without restriction or compensation to you. Do not submit Feedback you are unwilling to share on these terms.

12. Changes to the Service and to These Terms

BurnSong may modify, add, remove, suspend, or discontinue features, sessions, or other parts of the Service at any time, with or without notice. We may also update these Terms from time to time. When we do, we will post the revised Terms at burnsong.com and update the “Last Updated” date. For material changes, we may also notify account holders by email or through an in-Site notice.

Your continued use of the Service after changes become effective means you accept the updated Terms. If you do not accept an update, your sole remedy is to stop using the Service and close your account.

13. Termination

These Terms remain in effect as long as you use the Service. BurnSong may suspend or terminate your access to the Service or close your account, with or without notice, if we reasonably believe you have violated these Terms or if we discontinue the Service.

Sections that by their nature should survive termination — including Sections 5 (Ownership), 7 (Prohibited Conduct), 8 (Wellness Disclaimer), 11 (Feedback), 14–16 (Disclaimers, Limitation of Liability, Indemnification), 17–18 (Governing Law, Arbitration), and 19 (Miscellaneous) — will continue to apply after your account ends.

14. Disclaimers

THE SERVICE AND ALL BURNSONG CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE.

To the fullest extent permitted by law, BurnSong, its affiliates, and its licensors disclaim all warranties, including warranties of merchantability, fitness for a particular purpose, title, non-infringement, uninterrupted or error-free operation, accuracy, reliability, and any warranty that the Service will meet your expectations or produce any particular outcome.

Without limiting the above, BurnSong does not warrant that (a) the Service will be secure or available at any particular time or location, (b) any content streamed through the Service will be uninterrupted or free of defects, (c) any errors will be corrected, or (d) the Service will produce any particular wellness, productivity, or focus outcome.

15. Limitation of Liability

To the fullest extent permitted by law, BurnSong, its affiliates, and its licensors will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, goodwill, data, or opportunity, arising out of or relating to your use of — or inability to use — the Service, even if BurnSong has been advised of the possibility of such damages.

To the fullest extent permitted by law, BurnSong's total aggregate liability to you for all claims arising out of or relating to these Terms or the Service will not exceed the greater of (a) the amount you have paid to BurnSong in the twelve (12) months immediately preceding the event giving rise to the claim, or (b) one hundred U.S. dollars (US $100).

Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above may not apply to you. In those jurisdictions, BurnSong's liability is limited to the maximum extent permitted by law.

16. Indemnification

You agree to defend, indemnify, and hold harmless BurnSong, its affiliates, and their respective officers, directors, employees, and agents from and against any and all claims, damages, liabilities, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your use or misuse of the Service; (b) your violation of these Terms; (c) your violation of any applicable law or the rights of any third party; or (d) any content or information you submit, transmit, or make available through the Service.

17. Governing Law and Venue

These Terms and any dispute arising out of or relating to them or the Service are governed by the laws of Poland, without regard to conflict-of-laws rules, and by applicable EU federal law. Subject to the arbitration requirement in Section 18, any judicial proceeding must be brought in the state or federal courts located in Poland, and you consent to the personal jurisdiction of those courts.

18. Binding Arbitration and Class-Action Waiver

READ THIS SECTION CAREFULLY. It affects your legal rights, including your right to file a lawsuit in court and to participate in a class action.

18.1 Agreement to Arbitrate

Except as set out below, you and BurnSong agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service — including its formation, interpretation, breach, or termination — will be resolved by final and binding arbitration, rather than in court. The arbitration will be administered by Polish Courts under its then-current consumer arbitration rules. The arbitrator, and not any federal, state, or local court or agency, has exclusive authority to resolve all disputes relating to the interpretation, applicability, enforceability, or formation of this arbitration agreement.

18.2 Class-Action Waiver

You and BurnSong agree that each may bring claims against the other only on an individual basis, and not as a plaintiff or class member in any purported class, collective, or representative proceeding. The arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding.

18.3 Exceptions

Notwithstanding the above, either party may (a) bring an individual claim in small-claims court for disputes that qualify, and (b) seek injunctive or other equitable relief in a court of competent jurisdiction to protect its intellectual-property rights.

18.4 Opt-Out

You may opt out of this arbitration agreement by sending written notice to info@burnsong.com within thirty (30) days of first accepting these Terms. Your notice must include your name, the email address associated with your BurnSong account, and a clear statement that you wish to opt out of arbitration. Opting out will not affect any other provision of these Terms.

19. Miscellaneous

19.1 Entire Agreement

These Terms, together with the Privacy Policy, the BurnSong SMS Terms (if you enrolled in SMS), the Cookie Policy, and any other policies we reference, constitute the entire agreement between you and BurnSong regarding the Service, and supersede any prior or contemporaneous understandings.

19.2 Severability

If any provision of these Terms is held to be unenforceable, that provision will be enforced to the maximum extent permissible, and the remaining provisions will remain in full force and effect.

19.3 No Waiver

BurnSong's failure to enforce any provision of these Terms is not a waiver of our right to do so later.

19.4 Assignment

You may not assign or transfer these Terms or your BurnSong account without our prior written consent. BurnSong may assign these Terms freely, including in connection with a merger, acquisition, restructuring, or sale of assets.

19.5 Notices

We may provide notices to you by email to the address associated with your account, by posting on the Site, or by any other reasonable means. You may provide notices to BurnSong at info@burnsong.com.

19.6 Relationship of the Parties

Nothing in these Terms creates any agency, partnership, joint venture, employment, or franchise relationship between you and BurnSong.

20. Contact Us

Questions about these Terms or the Service can be sent to:

• Entity: AmericanDream Sp. z.o.o.
• Attn: BurnSong Legal
• Address: Warszawska 22, 05-120 Legionowo, Poland
• Email: info@burnsong.com
• Website: burnsong.com