9Ark Terms of Use
Effective Date: August 25, 2026
By accessing or using the website located at https://sleep.9arklabs.com or the mobile application known as the 9Ark Pets Calming Field (collectively, the "Service"), you agree to be bound by these Terms of Use ("Terms"). If you do not agree, do not access or use the Service.
You must be at least 18 years old, or the age of majority in your jurisdiction, whichever is greater, to create an account or use the Service. By using the Service, you represent and warrant that you meet this age requirement.
1. Definitions
As used in these Terms of Use, the following terms have the meanings set forth below:
"Account" means the registered user account created by a User on the Service by providing a name and email address.
"Company" means 9Ark, the operator of the Service, including its officers, directors, employees, and agents.
"Content" means all audio tracks, files, and related materials available through the Service, including binaural beats, isochronic tones, and similar auditory entrainment stimuli designed to influence brainwave patterns.
"Purchase" means a one-time transaction through which a User acquires a license to access specific Content.
"Service" means the website located at https://sleep.9arklabs.com and the mobile application known as the 9Ark Pets Calming Field, together with all features, functionality, and content provided through them.
"Subscription" means a recurring payment arrangement through which a User acquires ongoing access to Content for the duration of the subscription period.
"User" (also referred to as "you" or "your") means any individual who accesses or uses the Service or creates an Account.
2. Accounts, Payments, and Subscriptions
2.1 Account Registration. To access the Service, you must create an Account by providing your name and a valid email address. You must be at least 18 years old (or the age of majority in your jurisdiction) to register. You are responsible for maintaining the confidentiality of your Account credentials and for all activity that occurs under your Account. You may not share, transfer, or permit any third party to use your Account credentials. You agree to notify 9Ark promptly at hello@9arklabs.com if you become aware of any unauthorized use of your Account.
2.2 Payments and Billing. All payments for Content are processed by Stripe, a third-party payment processor. By making a purchase or subscribing through the Service, you agree to Stripe's terms of service and privacy policy. 9Ark does not collect or store your payment card numbers; all payment card data is handled directly by Stripe. You agree to provide accurate and complete billing information to Stripe.
2.3 Subscriptions and Purchases. The Service may offer Content through paid subscriptions, individual per-track purchases, or both, as described on the Service at the time of purchase. Subscription terms, including billing frequency and renewal conditions, will be presented to you before you complete your transaction.
2.4 Pricing Changes. 9Ark reserves the right to modify pricing for Content, subscriptions, or other paid features at any time. For active subscribers, pricing changes will take effect at the start of the next billing cycle following reasonable advance notice (no less than 30 days). Continued use of the Service after a pricing change constitutes acceptance of the new pricing.
2.5 Cancellation and Refunds. You may cancel a Subscription at any time through your Account settings. Cancellation will take effect at the end of the current billing period, and you will retain access until that period expires. Refund eligibility and procedures are described in 9Ark's Refund Policy. 9Ark reserves the right to issue or decline refunds at its sole discretion consistent with applicable law.
3. License Grant and Intellectual Property
3.1 License Grant. Subject to these Terms of Use and User's compliance with all applicable provisions, 9Ark grants each User a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to stream and, where the Service permits, download Content solely for personal, non-commercial use on devices owned or controlled by the User. This license does not convey any ownership interest in the Content or any intellectual property rights therein. All rights not expressly granted herein are reserved by 9Ark.
3.2 Restrictions. Users shall not: (a) reproduce, distribute, publicly display, or publicly perform any Content; (b) create derivative works based on any Content; (c) sublicense, sell, rent, lease, or otherwise transfer Content to any third party; (d) remove or alter any copyright notices, watermarks, or proprietary legends on Content; (e) use Content for any commercial purpose; (f) circumvent, disable, or interfere with any digital rights management, access control, or copy-protection mechanism associated with the Content or the Service; (g) use any Content as training data for, or as input to, any machine learning model, artificial intelligence system, or automated content-generation tool; or (h) frame, mirror, or embed any Content on any third-party website or application. Any unauthorized use automatically terminates the license granted in Section 3.1 and may subject the User to liability for damages, including statutory damages where available under applicable law.
3.3 Intellectual Property Ownership. All Content available through the Service, including all audio tracks, sound recordings, musical compositions, artwork, graphics, logos, metadata, software, and associated materials, is owned by or licensed to 9Ark and is protected by United States copyright, trademark, trade secret, and other intellectual property laws and international treaties. Nothing in these Terms transfers any intellectual property rights to the User. The 9Ark name, logo, and all related names, marks, product and service names, designs, and slogans are trademarks of 9Ark or its licensors, and Users may not use such marks without the prior, express, and written permission of 9Ark.
3.4 DMCA Notice Process. If you believe that Content on the Service infringes your copyright, you may submit a written notice under the Digital Millennium Copyright Act (17 U.S.C. Section 512) to our designated agent at hello@9arklabs.com. Your notice must include: (a) identification of the copyrighted work claimed to be infringed; (b) identification of the allegedly infringing material and its location on the Service; (c) your contact information; (d) a statement of good-faith belief that the use is not authorized; and (e) a statement, under penalty of perjury, that the information is accurate and that you are the copyright owner or authorized to act on the owner's behalf. Counter-notices may be submitted to the same address in accordance with 17 U.S.C. Section 512(g).
4. Health Disclaimer
Please read this section carefully before using the Service.
4.1 Not Medical Advice. All Content available through the Service, including binaural beats, isochronic tones, and similar auditory entrainment stimuli, is provided solely for general wellness and entertainment purposes. The Content does not constitute medical advice, diagnosis, or treatment. Nothing on the Service should be interpreted as a substitute for professional medical judgment.
4.2 Consult a Physician. Users should consult a qualified healthcare provider before using any Content, particularly individuals with epilepsy, seizure disorders, or other neurological conditions. Users with any medical condition or concern should seek professional medical guidance before engaging with entrainment audio.
4.3 Safe Listening. Users must not listen to Content while driving, operating heavy machinery, or performing any activity that requires full alertness and attention.
4.4 No Therapeutic Claims. 9Ark makes no representations, warranties, or claims regarding any therapeutic, medical, or health-related benefits of the Content. Any references to relaxation, focus, sleep, or similar states are descriptions of intended use and are not guarantees of any particular outcome.
4.5 Assumption of Risk. All use of the Content is at the User's own risk. By accessing or listening to any Content, the User acknowledges and accepts the inherent risks associated with auditory entrainment stimuli and assumes full responsibility for any effects experienced.
5. Acceptable Use and Account Termination
5.1 Acceptable Use. You agree to use the Service only for lawful purposes and in accordance with these Terms. The following conduct is expressly prohibited:
- Using any automated means, including bots, scrapers, spiders, or crawlers, to access, copy, or monitor any portion of the Service or Content.
- Attempting to gain unauthorized access to the Service, other User Accounts, or any servers, systems, or networks connected to the Service.
- Reverse engineering, decompiling, disassembling, or otherwise attempting to derive the source code of the Service or any related software.
- Sharing your Account credentials with any third party or permitting any third party to access the Service through your Account.
- Reproducing, distributing, publicly performing, or creating derivative works from any Content, except as expressly permitted under Section 3.
- Interfering with or disrupting the integrity or performance of the Service, including transmitting viruses, malware, or other harmful code.
- Using the Service in any manner that violates any applicable federal, state, or local law or regulation.
5.2 Account Suspension and Termination. 9Ark reserves the right, at its sole discretion, to suspend or terminate your Account and access to the Service, with or without prior notice, for any conduct that 9Ark reasonably believes violates these Terms, is harmful to other Users or the Service, or is otherwise objectionable. Upon termination, your license to access and use the Service and Content will immediately cease. 9Ark shall not be liable to you or any third party for any suspension or termination of your Account.
6. Disclaimers, Limitation of Liability, and Indemnification
6.1 Disclaimer of Warranties. The Service and all Content are provided on an "AS IS" and "AS AVAILABLE" basis. 9Ark expressly disclaims all warranties, whether express, implied, statutory, or otherwise, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. 9Ark does not warrant that the Service will be uninterrupted, error-free, or free of harmful components, or that any Content will produce any particular physiological or psychological effect.
6.2 Limitation of Liability. To the maximum extent permitted by applicable law, 9Ark, its officers, directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to the Service or these Terms, regardless of the theory of liability. 9Ark's total aggregate liability for all claims arising under or related to these Terms shall not exceed the total fees paid by the User to 9Ark during the twelve (12) months immediately preceding the event giving rise to the claim. If the User has not made any payments, 9Ark's aggregate liability shall not exceed fifty U.S. dollars ($50.00).
6.3 Indemnification. User agrees to indemnify, defend, and hold harmless 9Ark, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) User's use of the Service or Content; (b) User's violation of these Terms; or (c) User's violation of any applicable law or any third-party right.
7. Dispute Resolution, Governing Law, and General Provisions
7.1 Governing Law. These Terms of Use and any dispute arising out of or relating to them or the Service shall be governed by and construed in accordance with the laws of the State of Tennessee, without regard to its conflict-of-law principles.
7.2 Binding Arbitration. Any dispute, claim, or controversy arising out of or relating to these Terms or the Service ("Dispute") shall be resolved by binding individual arbitration administered by JAMS under its Streamlined Arbitration Rules and Procedures. The arbitration shall be conducted by a single arbitrator in Nashville, Tennessee. The arbitrator shall apply Tennessee law and shall have no authority to award punitive or exemplary damages or to vary the terms of these Terms. The arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. Each party shall bear its own attorneys' fees and costs unless the arbitrator determines that a claim was frivolous, in which case the arbitrator may award reasonable attorneys' fees to the prevailing party.
7.3 Opt-Out Right. You may opt out of the arbitration provision by sending written notice to hello@9arklabs.com within thirty (30) days of first accepting these Terms. The notice must include your name, Account email address, and a clear statement that you decline arbitration.
7.4 Class Action Waiver. All Disputes must be brought in an individual capacity only. You and 9Ark each waive any right to commence, join, or participate in any class action, collective action, private attorney general action, or other representative proceeding of any kind. The arbitrator shall have no authority to consolidate the claims of multiple individuals, conduct any form of class or representative proceeding, or award relief to or against anyone who is not a party to the arbitration. If this class action waiver is found to be unenforceable as to a particular claim or request for relief, that claim or request for relief shall be severed and proceed in a court of competent jurisdiction in Nashville, Tennessee, while the remaining claims shall be arbitrated.
7.5 Severability. If any provision of these Terms is held unenforceable, the remaining provisions shall continue in full force and effect.
7.6 Entire Agreement. These Terms, together with the Privacy Policy and Cookie Policy, constitute the entire agreement between you and 9Ark regarding the Service and supersede all prior agreements or understandings.
7.7 Waiver. The failure of 9Ark to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.
7.8 Assignment. 9Ark may assign its rights and obligations under these Terms without restriction. You may not assign or transfer your rights under these Terms.
7.9 Modifications. 9Ark reserves the right to modify these Terms at any time. Material changes will be communicated by posting the revised Terms with an updated effective date on the Service or by email notification. Continued use of the Service after the revised effective date constitutes acceptance of the modified Terms.
7.10 Contact Information. Questions regarding these Terms should be directed to 9Ark at hello@9arklabs.com.