Terms of Service

Last Updated: November 6, 2025

Welcome to the Misophonia Podcast App (the "App"). These Terms of Service ("Terms") govern your use of the App, which is provided by EK Institute ("we," "us," or "our"). By downloading, installing, or using the App, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use the App.

1. Acceptance of Terms

By accessing or using the App, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. We reserve the right to modify these Terms at any time. Your continued use of the App following any changes constitutes acceptance of those changes.

2. Description of Service

The App provides access to The Misophonia Podcast along with various features and resources including, but not limited to:

• Podcast playback with audio controls and equalizer settings
• Sound therapy tools including sound mixing, breathing exercises, and binaural beat education
• Experience logging and tracking functionality
• Legal resource library and accommodation letter generator
• Crisis support resource directory
• Research summaries and educational content about misophonia

3. Not Medical or Therapeutic Advice

The App and all content, features, and resources provided within it are for informational, educational, and entertainment purposes only. The App is not intended to be a substitute for professional medical advice, diagnosis, or treatment.

Specifically:

• The sound therapy tools, breathing exercises, binaural beat information, and other therapeutic features are provided for entertainment and general wellness support only. They are not intended as, and should not be considered, professional therapy, medical treatment, or clinical intervention.
• The crisis resource directory provides contact information for third-party crisis support services. We do not operate these services, cannot guarantee their availability, and are not responsible for the quality or outcome of any interactions with these third-party providers.
• The legal resource library and accommodation letter generator provide general information and templates. This information does not constitute legal advice and should not be relied upon as such. For legal advice specific to your situation, please consult with a qualified attorney.
• The experience logger is a personal tracking tool and does not provide medical analysis or diagnosis.
• Research summaries and educational content are for informational purposes and should not be used as the sole basis for medical decisions.

Always seek the advice of your physician, therapist, or other qualified health provider with any questions you may have regarding a medical or mental health condition. Never disregard professional medical advice or delay in seeking it because of information you have obtained through the App.

4. Emergency Situations

If you are experiencing a medical emergency or are in immediate danger, call 911 or your local emergency services immediately. The App is not a crisis intervention service and should never be used as a substitute for immediate professional help in emergency situations.

The crisis resources provided in the App are maintained by independent third-party organizations. We do not guarantee the availability, accuracy, or effectiveness of these services. The inclusion of any crisis resource in the App does not constitute an endorsement or recommendation.

5. No Warranty; Availability

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 available at all times or will function without interruption or errors
• The App will meet your specific requirements or expectations
• Any content, features, or functionality will be accurate, complete, reliable, or current
• Any defects or errors will be corrected
• The App will be compatible with all devices or operating systems

We reserve the right to modify, suspend, or discontinue any aspect of the App at any time without notice or liability.

6. Limitation of Liability

To the fullest extent permitted by applicable law, EK Institute, its affiliates, officers, directors, employees, agents, and licensors shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses resulting from:

• Your use of or inability to use the App
• Any content obtained from the App
• Unauthorized access to or alteration of your data
• Any decisions made or actions taken based on information provided in the App
• The use of any third-party services, resources, or links provided through the App
• Any interruption or cessation of the App or any features thereof

In no event shall our total liability to you for all damages, losses, and causes of action exceed the amount paid by you, if any, for accessing the App, or one hundred dollars ($100), whichever is less.

7. User Responsibilities

You agree to use the App only for lawful purposes and in accordance with these Terms. You agree not to:

• Use the App in any way that violates any applicable federal, state, local, or international law or regulation
• Attempt to gain unauthorized access to any portion of the App or any systems or networks connected to the App
• Use any robot, spider, or other automatic device, process, or means to access the App for any purpose
• Introduce any viruses, trojan horses, worms, or other material that is malicious or technologically harmful
• Interfere with or disrupt the operation of the App or servers or networks connected to the App
• Attempt to reverse engineer, decompile, or disassemble any software or components of the App

8. User-Generated Content

The App allows you to create and store content locally on your device, including experience logs, saved sound scenes, and accommodation letters. You retain all ownership rights to your content. However, any content you choose to share with us through support messages or feedback submissions grants us a non-exclusive, royalty-free, perpetual license to use such content for the purpose of improving the App and our services.

You are solely responsible for the content you create and any consequences of sharing or exporting that content. We do not monitor or control the content you create and are not responsible for such content.

9. Third-Party Content and Services

The App may contain links to third-party websites, services, or resources, including podcast content, crisis hotlines, legal resources, and other external materials. These third-party services are not under our control, and we are not responsible for their content, privacy policies, or practices. Your use of third-party services is at your own risk and subject to the terms and conditions of those third parties.

The inclusion of any link or reference to third-party content does not imply our endorsement of or affiliation with such content or services.

10. Intellectual Property

The App and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, audio, and the design, selection, and arrangement thereof) are owned by EK Institute, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the App for your personal, non-commercial use. This license does not include any right to: (a) resell or make commercial use of the App or its contents; (b) modify, copy, or create derivative works of the App; (c) download or copy any content except as expressly permitted; or (d) use any data mining, robots, or similar data gathering and extraction tools.

11. Privacy

Your use of the App is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy to understand our practices regarding the collection and use of information.

12. Indemnification

You agree to indemnify, defend, and hold harmless EK Institute and its affiliates, officers, directors, employees, agents, and licensors from and against any claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from: (a) your use of the App; (b) your violation of these Terms; (c) your violation of any rights of another party; or (d) any content you create, share, or export through the App.

13. Termination

We reserve the right to suspend or terminate your access to the App at any time, with or without cause, and with or without notice. Upon termination, your right to use the App will immediately cease. All provisions of these Terms that by their nature should survive termination shall survive, including but not limited to ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

14. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions. Any legal action or proceeding arising under these Terms will be brought exclusively in the federal or state courts located in California, and you consent to personal jurisdiction in such courts.

15. Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue to be valid and enforceable to the fullest extent permitted by law.

16. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and EK Institute regarding the use of the App and supersede any prior agreements between you and EK Institute relating to your use of the App.

17. Contact Information

If you have any questions about these Terms, please contact us through the support features in the App or via the contact information provided on our website at ekinstitute.org.