Terms of Service
Luminal Audio
IMPORTANT INFORMATION ABOUT RENEWALS AND FEE INCREASES:
These Terms of Service include an automatic renewal clause which results in each subscription automatically renewing for subsequent consecutive periods of the same duration. We may increase subscription fees with appropriate notice as outlined in these terms.
1. Our Agreements with You
1.1 Terms of Service: These Luminal Audio Terms of Service apply to all audio wellness products and services supplied by us.
1.2 Each subscription agreement between you and us comprises:
(a) these Terms of Service;
(b) your subscription order and selected plan details; and
(c) our Privacy Policy.
1.3 Priority: To the extent of any inconsistency between documents, these Terms of Service prevail.
1.4 Subscriptions: Each time you subscribe to our services you enter into a new agreement with us.
1.5 Variation: We may modify these Terms of Service and modified versions will:
(a) apply to new subscriptions; and
(b) be published on our website at luminal.audio.
2. Term
2.1 Each subscription commences on the date you complete your subscription order.
2.2 Each subscription continues for the selected subscription period and automatically renews for consecutive periods of the same duration (monthly subscriptions renew for 30-day periods, yearly subscriptions renew for 12-month periods) until either party terminates on thirty (30) days' prior written notice.
3. Supply of Audio Wellness Services
3.1 Service Provision: We will provide access to our audio wellness library and SpectralFusion technology in accordance with your selected subscription plan.
3.2 Payment: You must pay subscription fees to maintain access to our services.
3.3 Licence: Subject to payment of fees, we grant you a licence to:
(a) access our audio wellness platform via web browser or mobile application;
(b) stream audio content according to your subscription type;
(c) use our services for the purposes permitted under your subscription plan.
3.4 Permitted Use:
(a) Personal subscriptions: You must use our services solely for personal wellness and therapeutic purposes.
(b) Commercial subscriptions: You may use our services for commercial purposes only with a valid commercial licence.
3.5 Your Cooperation: You must provide necessary device compatibility, internet access, and account information for us to deliver our services.
4. Performance and Availability
4.1 Our Commitment: We will use reasonable endeavours to maintain service availability and quality.
4.2 No Absolute Guarantees: We do not guarantee uninterrupted service or that our services will meet all your individual requirements.
4.3 Hosting: We will maintain hosting of our audio platform during your subscription term.
4.4 Technology Changes: We may update our underlying technology to improve services, provided this doesn't materially reduce service quality.
5. Your Audio Data and Usage
5.1 Your Data: Any personal listening preferences, favourites, or usage data remains your property.
5.2 Data Protection: We comply with all applicable privacy laws regarding your personal information.
5.3 Your Responsibilities: You must:
(a) provide accurate account information;
(b) maintain account security;
(c) only use services for lawful purposes;
(d) respect our intellectual property rights.
5.4 Service Improvement: We may use anonymised usage data to improve our services and develop new features.
6. Privacy
6.1 Privacy Compliance: We warrant compliance with the Privacy Act 1988 (Cth) and applicable privacy laws.
6.2 Data Handling: We will:
(a) handle personal information according to our Privacy Policy;
(b) only use your information to provide services and meet legal obligations;
(c) protect information from unauthorised access;
(d) notify you of any data breaches affecting your information.
7. Intellectual Property Rights
7.1 Our Ownership: We own all intellectual property rights in:
(a) our audio content and compositions;
(b) SpectralFusion technology and processes;
(c) our platform software and technology;
(d) all branding and trade marks.
7.2 Restrictions: You must not:
(a) copy, redistribute, or share our audio content;
(b) reverse engineer our technology;
(c) use our content for commercial purposes without a commercial licence;
(d) remove copyright or proprietary notices.
7.3 Feedback: Any suggestions or feedback you provide becomes our property to use for service improvement.
8. Service Updates and Changes
8.1 Content Updates: We regularly add new audio content and may occasionally remove content from our library.
8.2 Technology Updates: We may release updates to improve our SpectralFusion technology and platform functionality.
8.3 Automatic Updates: Mobile applications may update automatically to ensure optimal performance.
9. Acceptable Use
9.1 Prohibited Uses: You must not:
(a) share account credentials with others;
(b) use services for commercial purposes without a commercial licence;
(c) attempt to circumvent usage restrictions;
(d) engage in any illegal activities;
(e) interfere with service functionality;
(f) upload malicious content to our systems.
9.2 Account Responsibility: You are responsible for all activity under your account.
9.3 Service Access: You must maintain compatible devices and internet connectivity to access our services.
10. Subscription Fees
10.1 Payment Obligation: You must pay subscription fees according to your selected plan.
10.2 Fee Increases: We may increase subscription fees with 30 days' prior written notice.
10.3 Payment Terms: Fees are charged in advance according to your subscription cycle.
10.4 GST: Fees include GST where applicable.
10.5 Non-Payment: If you fail to pay fees, we may suspend service access and charge interest on overdue amounts.
11. Medical and Wellness Disclaimers
11.1 Medical Disclaimer: Our services provide general wellness support and do not constitute medical advice. You should seek advice from a medical professional prior to using our services.
11.2 Special Medical Conditions: People with epilepsy, psychosis, schizophrenia and other related neurological or psychiatric conditions should not use our services before seeking medical advice from a qualified healthcare professional.
11.3 No Medical Claims: We make no medical or therapeutic claims about our services. Individual results may vary.
12. Liability and Disclaimers
12.1 Service Limitations: We exclude liability for indirect or consequential losses to the extent permitted by law.
12.2 Liability Cap: Our total liability is limited to the fees paid by you in the 12 months prior to any claim.
12.3 Consumer Rights: Nothing excludes your rights under Australian Consumer Law where they cannot be excluded.
13. Termination
13.1 Termination for Breach: Either party may terminate for material breach not remedied within 14 days of notice.
13.2 Termination Rights: You may cancel your subscription at any time with 30 days' notice.
13.3 Effect of Termination: Upon termination, service access ends and confidentiality obligations continue.
14. General Provisions
14.1 Governing Law: These terms are governed by New South Wales law.
14.2 Dispute Resolution: Disputes should first be addressed through direct negotiation, then mediation if necessary.
14.3 Entire Agreement: These terms constitute the complete agreement between us.
14.4 Assignment: You cannot transfer your subscription without our consent.
14.5 Severability: If any provision is invalid, the remainder remains enforceable.
15. Definitions
Audio Content: Music, soundscapes, and audio programs in our library
SpectralFusion: Our proprietary audio processing technology
Personal Use: Use for individual wellness and therapeutic purposes only
Commercial Use: Use in business, clinical, or professional settings
Platform: Our web and mobile applications for accessing services
Services: All audio wellness services and features we provide
Monthly Subscription: Subscription charged and renewed every 30 days
Yearly Subscription: Subscription charged and renewed every 12 months
Contact Information
Luminal Audio
Website: luminal.audio
Last updated: 25th June 2025