Terms of Service

Welcome to Bio-Tuning. These Terms of Service ("Terms") govern your access to and use of the Bio-Tuning web application, audio content, and related services (collectively, the "Service") operated by Skye Collective LLC, doing business as Bio-Tuning® ("we," "us," or "our").

By creating an account or using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, do not use the Service. Bio-Tuning is a registered trademark. All references to "Bio-Tuning" and associated branding are the intellectual property of their respective owners.

To access the Service, you must create an account by providing accurate and complete information, including your name, email address, phone number, and a secure password. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account.

Each individual may maintain only one account. You must promptly update your account information if it changes. We reserve the right to suspend or terminate accounts that contain inaccurate, false, or outdated information.

The Service supports the following user roles, each with specific responsibilities:

Clients receive personalized brainwave entrainment audio tracks determined by their practitioner. Clients are responsible for following recommended listening guidelines, using appropriate headphones, and not sharing their personalized audio content with others.

Practitioners are Bio-Tuning certified professionals who manage clients, determine fundamental frequencies, and order audio tracks. Practitioners must maintain valid licensing and certifications. Practitioners operating Lambda Seats are additionally responsible for managing their sub-practitioners and monitoring shared resource usage.

Lambda Seat Practitioners operate under a parent practitioner's practice, sharing client pools and credit balances as configured by the parent practitioner. Lambda Seat practitioners must adhere to the same standards as independent practitioners.

Upon purchase, you are granted a non-exclusive, non-transferable, revocable license to access and listen to Bio-Tuning audio tracks for personal wellness purposes only. Audio tracks are personalized to each individual client's fundamental frequency and are intended solely for the designated recipient.

You may not:

• Copy, redistribute, or share audio tracks with any third party
• Use audio content for commercial purposes or public performance
• Modify, reverse engineer, or create derivative works from the audio content
• Resell or sublicense access to audio tracks

All audio content remains the exclusive property of Bio-Tuning and its licensors. Your license to access audio content is contingent upon your account remaining in good standing and applicable subscription or purchase terms being met.

Bio-Tuning's core offering is a structured program of personalized brainwave entrainment audio sessions. This program is designed as a wellness tool to support relaxation, focus, and general well-being. The Service is not a medical device and does not diagnose, treat, cure, or prevent any disease or medical condition.

We make no medical claims regarding the effectiveness of Bio-Tuning audio tracks. Results may vary between individuals. We recommend consulting with a qualified healthcare professional before beginning any wellness program, particularly if you have epilepsy, a seizure disorder, or are sensitive to auditory stimuli.

Audio tracks are purchased through a credit system managed by your practitioner. Practitioners purchase credits which are used to order personalized tracks for their clients. All payment processing is handled securely through Stripe. Pricing is subject to change with notice.

Lambda Seat purchases are a one-time fee of $300 per seat, granting a parent practitioner the ability to add a sub-practitioner to their practice. Seat pricing may be updated at our discretion with advance notice.

You agree to pay all applicable fees associated with your use of the Service. Failure to make timely payments may result in suspension or termination of your access to certain features.

You agree not to:

• Share your account credentials or allow others to access your account
• Redistribute, publicly perform, or commercially exploit any audio content
• Reverse engineer, decompile, or disassemble any part of the Service
• Use automated tools, bots, or scripts to access the Service
• Misrepresent your identity or falsely claim practitioner certification
• Use the Service for any unlawful purpose or in violation of any applicable laws
• Interfere with or disrupt the integrity or performance of the Service
• Attempt to gain unauthorized access to any part of the Service or its systems

All content, features, and functionality of the Service — including but not limited to audio tracks, cymatics visualizations, branding, logos, text, graphics, software, and the Bio-Tuning methodology — are owned by Bio-Tuning, its licensors, or other providers and are protected by copyright, trademark, and other intellectual property laws.

The Bio-Tuning methodology and associated technologies were developed by Dr. Jeffrey Thompson. Use of any Bio-Tuning intellectual property without prior written consent is strictly prohibited.

The Service is provided on an "as-is" and "as-available" basis without warranties of any kind, either express or implied. We do not guarantee that the Service will be uninterrupted, error-free, or free of harmful components.

To the fullest extent permitted by law, Bio-Tuning and its officers, directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or use, arising out of or in connection with your use of the Service.

Our total liability for any claims arising under these Terms shall not exceed the amount you have paid to us in the twelve (12) months preceding the event giving rise to the claim.

You may terminate your account at any time by contacting your practitioner or our support team. We reserve the right to suspend or terminate your access to the Service at any time, with or without cause, including but not limited to violation of these Terms.

Upon termination, your right to access the Service will cease immediately. Any audio tracks previously downloaded or cached may become inaccessible. We are not obligated to maintain or provide access to your data following account termination, except as required by applicable law.

We reserve the right to modify these Terms at any time. Material changes will be communicated through in-app notifications and/or email to registered users. Your continued use of the Service after such modifications constitutes your acceptance of the updated Terms.

We encourage you to review these Terms periodically. The "Last updated" date at the top of this page indicates when these Terms were most recently revised.

By opting in to receive SMS messages from Skye Collective LLC (Bio-Tuning), you agree to receive text messages about your inquiries, appointments, sales follow-up, and customer service.

• Message frequency varies based on your interactions with us.
• Message and data rates may apply.
• Consent to receive text messages is not a condition of purchase.
• For help, reply HELP or contact Skye Collective using the customer-support contact information provided on this website.
• To opt out, reply STOP at any time. After opting out, you may receive a confirmation message, and no further SMS messages will be sent unless you subsequently opt in again.
• Carriers are not liable for any delayed or undelivered messages.

Your participation in the SMS program is also subject to our Privacy Policy, including its SMS and Mobile Information section.

By opting in, you represent that you are the subscriber or customary user of the telephone number provided or otherwise have authority to consent to receiving messages at that number.

13.1 What this section covers

It does not cover content we write ourselves.

13.2 What you may not post

You may not provide content that:

(a) is unlawful in any country where the Service is available, or that encourages or helps someone break the law.

(b) states or suggests that Bio-Tuning, the Lambda system, NeuroWave products, or any session delivered with them, diagnoses, treats, cures or prevents any disease, disorder, injury or medical condition, or stands in for care from a qualified health professional. If you hold a professional license, you may describe the services you provide under that license. You may not attribute medical effect to Bio-Tuning.

(c) promises outcomes, or presents one person's experience as what others should expect.

(d) uses someone else's copyright, trademark or other rights without permission. This includes photographs and music.

(e) contains another person's information without their permission, including a client's name, image, or anything about their sessions.

(f) misstates your certification level, your training, or your relationship with us.

(g) impersonates another person or business, or presents a business as yours when it isn't.

(h) is abusive, harassing, threatening or discriminatory.

(i) advertises a product or service unrelated to your practice.

13.3 How we check content

We review the first version of a practitioner listing before it is published. After that, edits and new images appear without a further review.

We do not monitor the Service for unlawful content, and we are not required to. We act on reports, and on what we come across in the ordinary course of running the Service.

No decision under this section is made automatically. A person reviews every report and every restriction.

13.4 Reporting content

Anyone can report content on the Service they believe is unlawful. You don't need an account.

Use the report link on the listing or profile concerned, or the Report Illegal Content link in the footer.

We confirm we've received your report straight away. We review it and tell you what we decided.

We use your name and email only to handle your report and tell you the outcome. We keep the report and our decision for two years, then delete them. Reports concerning child sexual abuse or exploitation are different. We keep those reports, our decision and the reported content for longer than two years, because the law requires us to preserve them and because law enforcement may need them.

13.5 What we may do

We choose the step that fits the problem, and we take account of the rights of everyone involved, including freedom of expression.

13.6 Telling you why

We don't send this where we remove content for a different reason, such as you asking us to, or your account closing.

13.7 If you disagree

Tell us. Reply to the message we sent you, or email support@mybiotuning.com. A person will look at it again.

You can also take the matter to a court in the country where you live. If you are in the European Union, you can complain to the Digital Services Coordinator in your member state.

We are a micro enterprise, so we don't take part in out-of-court dispute settlement under Article 21 of the Digital Services Act.

13.8 How to reach us

Users: support@mybiotuning.com

Authorities: support@mybiotuning.com. We accept communications in English.

13.9 Changes

If we make a significant change to this section, we'll tell you before it takes effect.

If you have questions about these Terms of Service, please contact us at:

Email: support@mybiotuning.com