Terms and Conditions of Sale

Terms and Conditions of Sale and Use

Last updated: May 14, 2026

ARTICLE 1. COMPANY INFORMATION AND SCOPE

The website www.mental-waves.net, together with any related sales pages or landing pages operated in connection with it, including where applicable www.zen-waves.net, is operated by Everwell Systems LLC, a Delaware limited liability company.

Company name: Everwell Systems LLC
Entity type: Delaware Limited Liability Company
Delaware Entity ID: 10551156
Training date: March 12, 2026
Registered business address: 254 Chapman Rd, Ste 208 #27201, Newark, Delaware 19702, United States
Contact email: [email protected]

These Terms and Conditions of Sale and Use, referred to below as the “Terms”, govern access to and use of the Website, the creation and use of customer accounts, and the purchase, download, streaming or access to digital products, audio programs, downloadable files, guides, videos, courses, memberships, subscriptions or any other digital content offered by Everwell Systems LLC.

By accessing the Website, creating an account, placing an order, downloading digital content, accessing a member area or using any Product, you agree to be bound by these Terms. If you do not agree with these Terms, you must not place an order or use the Products.

These Terms apply internationally. However, if you are a consumer and mandatory consumer protection laws in your country of residence grant you rights that cannot legally be waived or limited, those mandatory rights will continue to apply.

ARTICLE 2. DEFINITIONS

For clarity, the following terms have the meanings set out below:

• Company, we, us or our means Everwell Systems LLC.
• Website means www.mental-waves.net and any related sales pages, checkout pages, landing pages, member areas or subdomains operated by or for the Company.
• Customer, you or your means any person who visits the Website, creates an account, places an order, purchases a Product or uses any Product.
• Product means any digital product, downloadable content, audio program, sound session, video, guide, e-book, course, membership, subscription, digital file or other content offered for sale or access through the Website.
• Order means the Customer's purchase of one or more Products through the Website or through a related checkout page.
• Account means the Customer's personal account or member area, where available, used to access purchases, downloads, invoices, subscription information or personal settings.
• Digital Content means content supplied in digital form, including but not limited to audio files, video files, text files, PDF guides, streaming content, downloadable files and online course materials.

ARTICLE 3. PURPOSE OF THE TERMS

The purpose of these Terms is to define the rights and obligations of the Company and the Customer in connection with the use of the Website and the purchase, access and use of Products.

These Terms also provide important information about the nature of the Products, their digital format, payment conditions, access conditions, intellectual property rights, refund rules, consumer rights, limitations of liability and health-related disclaimers.

ARTICLE 4. ACCEPTANCE OF THE TERMS

Before placing an Order, you will be asked to confirm that you have read and accepted these Terms and the Privacy Policy. This confirmation may be made by ticking a checkbox, clicking a button, completing a checkout process, creating an account, accessing a Product or otherwise confirming your purchase.

By doing so, you acknowledge that:

• You have read and understood these Terms;
• You accept these Terms without reservation;
• You are legally able to enter into a binding agreement;
• You are at least 18 years old, or the age of legal majority in your country of residence;
• You understand that the Products are digital products and may be made available immediately after payment;
• You understand that immediate access to Digital Content may affect your cancellation or withdrawal rights, where permitted by law.

The Company may update these Terms from time to time. The Terms applicable to your Order are those available on the Website at the time your Order is placed. If you continue to use the Website or access Products after updated Terms are published, you agree to the updated version for future use and future purchases.

ARTICLE 5. DESCRIPTION OF PRODUCTS

The Website offers digital Products dedicated to personal development, relaxation, meditation, focus, sleep support, emotional balance, inner exploration, sound-based wellbeing and related educational or experiential themes.

Depending on the Product, the content may include:

• Downloadable audio files;
• Audio programs using sound design, ambient soundscapes, binaural beats, isochronic tones or other sound-based techniques;
• Video content;
• PDF guides, instructions or e-books;
• Online access to a private area or digital library;
• Progressive programs, memberships or subscription-based access where expressly offered.

Each Product is described on its sales page or product page. The description may include, where applicable:

• The theme and purpose of the Product;
• The type of content included;
• The number and duration of audio or video sessions;
• The file format or access method;
• The suggested use instructions;
• The access duration, if access is limited in time;
• The price and available payment options;
• Any specific guarantee, refund policy or special condition attached to that Product.

The Customer is responsible for reading the Product description carefully before placing an Order. Product images, mockups, illustrations, previews and promotional visuals are provided for presentation purposes and may not represent the exact appearance of the downloadable files or the Customer's own listening environment.

ARTICLE 6. TECHNICAL REQUIREMENTS

The Products are supplied as Digital Content. To access and use them, you must have suitable equipment and software, which may include:

• A computer, tablet, smartphone or compatible digital device;
• An up-to-date operating system such as Windows, macOS, Linux, iOS or Android;
• An audio player or media player capable of reading the relevant file formats, such as MP3, WAV, MP4 or PDF where applicable;
• Headphones, earphones, speakers or other audio equipment suitable for listening to audio content;
• A stable internet connection for checkout, download, streaming or account access.

Unless expressly stated otherwise, the Company does not provide any hardware, headphones, speakers, internet connection, media player, operating system or third-party software required to use the Products.

You are responsible for ensuring that your device, software, internet connection and listening environment are compatible with the Product before placing an Order. When previews, samples or extracts are available, you are encouraged to use them to test compatibility before purchasing.

ARTICLE 7. PRICES, TAXES AND PROMOTIONAL OFFERS

The price of each Product is displayed on the relevant product page, sales page or checkout page before you confirm your Order.

Prices may be displayed in euros, US dollars or another currency depending on the Website configuration, the checkout system, your location or the payment provider used. The final price payable is the price displayed at checkout before payment confirmation.

Where applicable, taxes such as VAT, sales tax, GST or other digital service taxes may be calculated and added according to your location, the applicable law and the payment provider's tax settings.

The Company may offer promotional prices, discount codes, limited-time offers, bundles, launch offers, webinar offers or email campaign offers. Such offers are valid only under the conditions expressly stated at the time of the offer, including any expiry date, eligibility condition or product limitation.

A promotional code must be entered before payment is completed. The Company is not required to apply a discount retroactively if the Customer failed to enter the code before confirming the Order.

ARTICLE 8. ORDER PROCESS

To place an Order, the Customer must follow the checkout process displayed on the Website or related sales page.

The Order process may include the following steps:

• Reading the Product description and sales information;
• Selecting the Product;
• Adding the Product to the cart or proceeding directly to checkout;
• Entering billing information and, where required, account information;
• Choosing an available payment method;
• Reviewing the Order summary and total price;
• Accepting these Terms and the Privacy Policy;
• Where applicable, expressly consenting to immediate access to Digital Content and acknowledging the loss of any cancellation or withdrawal right once access or download begins, to the extent permitted by law;
• Confirming payment.

Before confirming payment, the Customer is responsible for checking the accuracy of all information entered, including name, email address, billing details and selected Product. Once the Order is confirmed and Digital Content is made available, changes or cancellations may not be possible except where required by law or expressly provided by a Product-specific guarantee.

After successful payment, the Customer will normally receive an email confirming the Order. This email may include:

• Order confirmation;
• A summary of the Product purchased;
• Access or download links;
• Account login information where applicable;
• An invoice or receipt;
• A copy of or link to these Terms.

If you do not receive the confirmation email, you should first check your spam, junk, promotions or secondary inbox folders. If the email is still missing, you may contact support at [email protected].

The Company reserves the right to refuse or cancel any Order where there is a legitimate reason to do so, including suspected fraud, payment dispute, chargeback abuse, abnormal order activity, breach of these Terms or previous unpaid amounts.

ARTICLE 9. CUSTOMER ACCOUNT

Some Products may require the creation of an Account. The Account allows the Customer to access downloads, digital content, order history, subscription information, invoices or personal settings.

When creating an Account, you agree to provide accurate, complete and up-to-date information. You must not create an Account using a false identity, another person's identity or an email address you are not authorized to use.

You are responsible for maintaining the confidentiality of your login credentials and password. Any activity carried out through your Account will be deemed to have been carried out by you unless you can prove unauthorized use.

If you suspect unauthorized access to your Account, you must contact the Company immediately at [email protected].

The Company may suspend or delete an Account if it is used in breach of these Terms, if payment is disputed or unpaid, if fraudulent activity is suspected, if the Account is inactive for an extended period, or if deletion is required for technical, legal or security reasons.

Deleting an Account may affect your ability to access your purchase history, invoices, downloads or member area. However, where applicable and technically possible, the Company may provide alternative access to Products that remain contractually available to you.

ARTICLE 10. PAYMENT METHODS

Available payment methods are displayed at checkout and may vary depending on your country, currency, Product type and the payment providers used by the Website.

Payment methods may include, where available:

• Credit or debit card;
• PayPal;
• Bank transfer;
• Digital wallet payment methods;
• Any other payment method displayed at checkout.

Payments are processed by third-party payment providers. The Company does not store full credit card numbers on its own servers.

By submitting payment information, you authorize the payment provider to charge the selected payment method for the total amount displayed at checkout.

If payment is not completed, refused, cancelled, reversed, disputed or charged back, the Order may be cancelled and access to the Product may be suspended or terminated.

ARTICLE 11. SUPPLY AND ACCESS TO DIGITAL CONTENT

All Products are supplied as Digital Content. Unless otherwise stated on the Product page, Products are made available electronically after successful payment.

Access may be provided by:

• Download links sent by email;
• Access through a customer account or member area;
• Streaming access;
• Email delivery;
• Any other digital delivery method specified at the time of purchase.

The Company is deemed to have supplied the Product when the access link, download link, file, streaming access or member area access has been made available to the email address or Account provided by the Customer.

The Customer is responsible for downloading and backing up purchased files where downloads are made available. The Company may, but is not required to, keep download links available indefinitely unless lifetime access is expressly stated on the Product page.

Where a Product is advertised with lifetime access, “lifetime” means for as long as the Company continues to operate the relevant Website, platform, product library or technical infrastructure in a commercially reasonable manner. It does not mean perpetual access regardless of technical, legal, business or platform changes.

The Company may update, improve, modify or replace Digital Content where reasonably necessary for technical, security, legal, editorial or compatibility reasons, provided such changes do not materially reduce the essential features of the Product purchased.

ARTICLE 12. SUBSCRIPTIONS AND RECURRING PAYMENTS

Some Products may be offered as subscriptions, memberships or recurring access plans. If a Product is sold as a subscription, the relevant sales page and checkout page will indicate the billing frequency, price, renewal conditions and cancellation method before purchase.

By purchasing a subscription, you authorize recurring charges according to the billing schedule displayed at checkout until the subscription is cancelled.

You may cancel a subscription through your Account, through the payment provider interface where available, or by contacting support at [email protected]. Cancellation will normally stop future renewals but does not automatically refund amounts already paid unless required by law or expressly stated in a Product-specific guarantee.

If a recurring payment fails, the Company may retry the payment, suspend access, cancel the subscription or request updated payment information.

Where required by applicable law, subscription terms, renewal terms and cancellation rights will be provided before purchase and in confirmation communications.

ARTICLE 13. REFUNDS, GUARANTEES AND DIGITAL CONTENT RIGHTS

13.1 General refund policy

Because the Products are Digital Content and may be made available immediately after purchase, all sales are final once access, download or streaming has begun, unless:

• A specific money-back guarantee is expressly offered on the relevant Product page;
• The Product is not supplied due to a fault attributable to the Company;
• The Product is defective and the issue cannot be resolved within a reasonable time;
• A refund is required under mandatory consumer protection law.

If a Product-specific refund guarantee exists, its conditions, duration and exclusions are those displayed on the relevant sales page. The Customer must comply with those conditions to request a refund.

13.2 Technical issues

If you experience a technical issue accessing or downloading a Product, you must contact support at [email protected] and provide enough information for the Company to investigate the issue, such as your order number, email address, device type, browser, operating system and a description of the problem.

Where the issue is attributable to the Company, the Company may, at its discretion and where legally permitted:

• Restore access;
• Send new download links;
• Provide replacement files;
• Offer technical guidance;
• Provide a refund if the Product cannot reasonably be supplied.

Refunds may be refused where the issue is caused by the Customer's device, outdated software, lack of compatible equipment, internet connection problems, failure to follow instructions, incorrect email address, spam filtering, or third-party software not controlled by the Company.

13.3 Non-supply of Product

If a Product is not supplied after successful payment, the Customer must contact the Company at [email protected]. The Company will make reasonable efforts to provide access as soon as possible.

If the Company is unable to supply the Product within a reasonable time after receiving the Customer's request, the Customer may be entitled to a refund, subject to applicable law.

13.4 Chargebacks and payment disputes

If you initiate a chargeback, payment dispute or payment reversal without first contacting support and allowing the Company a reasonable opportunity to resolve the issue, the Company may suspend access to your Account and Products while the dispute is investigated.

The Company reserves the right to contest abusive or fraudulent chargebacks and to provide the payment provider with evidence of purchase, access, download, account activity, delivery emails, IP logs, customer communications and applicable Terms.

ARTICLE 14. RIGHT OF CANCELLATION OR WITHDRAWAL

If you are a consumer located in a jurisdiction that grants a cooling-off period, cancellation right or withdrawal right for distance purchases, you may have statutory rights under the laws applicable in your country of residence.

However, for Digital Content supplied immediately after purchase, the law in many jurisdictions allows the cancellation or withdrawal right to be lost once the Customer has expressly consented to immediate supply and acknowledged that the right will be lost when access, download or streaming begins.

By ticking the relevant checkbox at checkout, confirming your Order and accessing the Product immediately, you expressly request immediate supply of the Digital Content and acknowledge that you may lose your right to cancel or withdraw from the purchase once access, download or streaming has begun, to the extent permitted by applicable law.

Nothing in these Terms limits any mandatory consumer right that cannot legally be waived.

ARTICLE 15. IMPORTANT HEALTH AND WELLBEING DISCLAIMER

The Products are designed for personal development, relaxation, self-exploration, meditation, focus, sleep support, emotional balance, sound-based wellbeing and educational purposes only.

The Products are not medical devices, medical treatments, psychotherapy, psychiatric care, professional healthcare services or substitutes for medical advice, diagnosis or treatment.

No statement on the Website, in any Product, in any email, on any sales page, in any audio session, video, guide or related material is intended to diagnose, treat, cure or prevent any disease, disorder, medical condition or psychological condition.

You should consult a qualified healthcare professional before using the Products if you:

• Have epilepsy, seizures or a history of neurological sensitivity;
• Have a diagnosed psychiatric or psychological condition;
• Are taking medication that affects your nervous system, sleep, mood or cognition;
• Are pregnant or have a medical condition requiring supervision;
• Experience distress, dizziness, discomfort, anxiety, unusual symptoms or worsening symptoms during or after use;
• Have any doubt about whether sound-based or meditative content is appropriate for you.

You must not listen to audio Products while driving, operating machinery, cycling, performing risky activities or doing anything that requires full attention.

You are responsible for using the Products safely, at a reasonable volume and in an appropriate environment. Listening at high volume may damage hearing. Stop using the Product immediately if you experience discomfort or adverse effects.

ARTICLE 16. RESULTS AND PERSONAL RESPONSIBILITY

The Products may include methods, exercises, sound sessions, guidance, suggestions or educational content intended to support personal development and wellbeing. Individual experiences and results vary from person to person.

The Company does not guarantee any specific result, transformation, health outcome, emotional outcome, spiritual experience, financial outcome, professional outcome or personal achievement.

The effectiveness of any personal development or wellbeing practice may depend on many factors, including your consistency, environment, expectations, receptivity, lifestyle, personal circumstances and how you choose to use the Product.

Testimonials, reviews and customer experiences are individual examples only. They do not guarantee that you will experience the same results.

ARTICLE 17. ACCEPTABLE USE

You agree to use the Website and Products only for lawful, personal and authorized purposes.

You must not:

• Use the Website or Products for illegal, harmful, fraudulent or abusive purposes;
• Share your Account login details with third parties;
• Resell, rent, sublicense, distribute or publicly broadcast Products unless expressly authorized in writing;
• Upload, transmit or introduce viruses, malware or harmful code;
• Attempt to bypass technical protections or access restrictions;
• Scrape, copy, mirror, reverse engineer or interfere with the Website;
• Use Products in a way that infringes intellectual property rights;
• Use the Products for professional, therapeutic, clinical or public sessions unless a specific professional licence expressly allows it.

The Company may suspend or terminate access if it reasonably believes that the Customer has breached this Article.

ARTICLE 18. INTELLECTUAL PROPERTY

The Website, Products and all related content are protected by copyright, trademark and other intellectual property laws.

This includes, without limitation:

• Audio files;
• Sound design and music compositions;
• Videos;
• PDF guides and written materials;
• Product names and descriptions;
• Logos, trademarks and branding;
• Website design, layout and copy;
• Images, graphics, illustrations and visual assets;
• Course materials, methods and digital resources.

Purchasing a Product does not transfer ownership of any intellectual property rights to the Customer. The Customer receives a limited, personal, non-exclusive, non-transferable and revocable licence to access and use the Product for private personal use only, unless a broader licence is expressly granted in writing.

Unless expressly authorized, you must not:

• Copy, reproduce, distribute, sell, resell or share the Products;
• Upload Products to file-sharing platforms, social media, public websites or private groups;
• Modify, remix, adapt, translate or create derivative works from the Products;
• Use Products as part of paid services, public events, therapy sessions, workshops or commercial offerings;
• Remove copyright notices, metadata, watermarks or technical protections;
• Use the Company's trademarks, names, logos or branding without written permission.

Where a Product is expressly sold with a professional licence or extended licence, the specific licence terms displayed on the Product page will apply. Any use not expressly authorized remains prohibited.

ARTICLE 19. THIRD-PARTY SERVICES AND LINKS

The Website may contain links to third-party websites, payment providers, video platforms, email platforms, analytics tools, checkout systems or external services.

The Company is not responsible for the content, availability, security, terms, privacy practices or actions of third-party websites or services. Your use of third-party services may be subject to their own terms and privacy policies.

The presence of a third-party link does not imply endorsement unless expressly stated.

ARTICLE 20. WEBSITE AND PRODUCT AVAILABILITY

The Company makes reasonable efforts to keep the Website, customer accounts, download links and Product access available. However, uninterrupted access is not guaranteed.

Access may be temporarily interrupted due to:

• Maintenance;
• Updates;
• Server issues;
• Security incidents;
• Payment provider issues;
• Internet network problems;
• Third-party service interruptions;
• Force majeure events;
• Technical or legal changes affecting the Website or Products.

The Company will make reasonable efforts to restore access as soon as practical where the interruption is under its control.

ARTICLE 21. LIMITATION OF LIABILITY

To the maximum extent permitted by applicable law, the Company will not be liable for indirect, incidental, consequential, special, punitive or exemplary damages, including but not limited to loss of profits, loss of data, loss of opportunity, emotional distress, loss of business, device issues, internet costs or third-party service failures.

To the maximum extent permitted by applicable law, the Company's total liability for any claim arising out of or related to a Product or Order will not exceed the amount actually paid by the Customer for the Product giving rise to the claim.

Nothing in these Terms excludes or limits liability where such exclusion or limitation is prohibited by applicable law, including liability for fraud, intentional misconduct or mandatory consumer rights that cannot legally be waived.

ARTICLE 22. PERSONAL DATA AND PRIVACY

The Company processes personal data in accordance with its Privacy Policy, which should be read together with these Terms.

Personal data may be collected and processed for purposes including:

• Creating and managing customer accounts;
• Processing Orders and payments;
• Delivering Digital Content;
• Providing customer support;
• Sending transactional emails;
• Managing subscriptions or memberships;
• Preventing fraud and securing the Website;
• Complying with legal, tax and accounting obligations;
• Sending marketing communications where permitted by law and your choices.

Depending on your country or state of residence, you may have rights regarding your personal data, such as rights of access, correction, deletion, restriction, objection, portability or withdrawal of consent. To exercise privacy rights, contact the Company at [email protected].

Cookies and similar technologies may be used on the Website for technical, analytics, personalization, advertising or security purposes, subject to the Privacy Policy and Cookie Policy where applicable.

ARTICLE 23. EMAIL COMMUNICATIONS

By placing an Order or creating an Account, you agree to receive transactional emails necessary for the performance of the contract, including order confirmations, invoices, access links, password reset emails, subscription notices and support messages.

Marketing emails will only be sent where permitted by applicable law and according to your consent or preferences. You may unsubscribe from marketing emails using the unsubscribe link provided in such emails.

Unsubscribing from marketing emails does not prevent the Company from sending transactional or service-related emails necessary for your purchases, Account or subscriptions.

ARTICLE 24. FORCE MAJEURE

The Company will not be liable for any delay or failure to perform its obligations where such delay or failure results from events beyond its reasonable control.

Force majeure events may include, without limitation, natural disasters, fire, flood, war, terrorism, civil unrest, strikes, government action, internet outages, hosting provider failure, payment provider failure, cyberattack, epidemic, pandemic, power failure, supply chain disruption or major technical failure.

If a force majeure event prevents performance for a prolonged period, the Company may suspend or cancel affected services or Products, subject to any mandatory rights available to the Customer under applicable law.

ARTICLE 25. TERMINATION OR SUSPENSION

The Company may suspend or terminate access to the Website, Account or Products if:

• The Customer breaches these Terms;
• Payment is not completed, is reversed or is disputed;
• Fraudulent activity is suspected;
• The Customer infringes intellectual property rights;
• The Customer shares, resells or distributes Products without authorization;
• Suspension is necessary for security, legal or technical reasons.

Suspension or termination does not affect any rights or obligations that arose before the suspension or termination, including payment obligations, intellectual property obligations and limitations of liability.

ARTICLE 26. GOVERNING LAW AND JURISDICTION

These Terms are governed by the laws of the State of Delaware, United States, without regard to conflict of law principles.

Subject to any mandatory consumer protection rules that may apply in your country or state of residence, any dispute arising out of or relating to these Terms, the Website, an Order or a Product shall be submitted to the competent courts located in Delaware, United States.

If you are a consumer, you may also benefit from mandatory jurisdiction or consumer protection rules in your country or state of habitual residence where such rules cannot legally be waived.

ARTICLE 27. AMICABLE RESOLUTION

Before initiating any formal legal proceeding, the Customer is encouraged to contact the Company at [email protected] so that both parties can attempt to resolve the matter amicably.

The Company will make reasonable efforts to respond to support requests and complaints within a reasonable time. Complex requests, payment investigations, technical investigations or privacy requests may require additional processing time.

The Company does not voluntarily participate in any specific alternative dispute resolution scheme unless required by applicable law.

ARTICLE 28. ENTIRE AGREEMENT

These Terms, together with the Privacy Policy, Cookie Policy where applicable, Product-specific conditions and any checkout terms displayed before purchase, constitute the entire agreement between the Customer and the Company regarding the purchase and use of Products.

If there is a conflict between these Terms and a specific condition expressly displayed on a Product page, the specific Product condition will prevail only for that Product.

ARTICLE 29. SEVERABILITY

If any provision of these Terms is found to be invalid, unlawful or unenforceable, that provision will be deemed modified or removed to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

ARTICLE 30. NO WAIVER

The Company's failure to enforce any provision of these Terms shall not constitute a waiver of that provision or of the right to enforce it later.

ARTICLE 31. CONTACT AND SUPPORT

For any question about the Website, Products, Orders, refunds, technical access, account issues, privacy requests or these Terms, you may contact:

• Everwell Systems LLC
• Email: [email protected]
• Address: 254 Chapman Rd, Ste 208 #27201, Newark, Delaware 19702, United States

Please include your name, email address, order number where applicable, and a clear description of your request so that we can process it efficiently.

These Terms apply to customers located in the United States and internationally. If mandatory consumer protection laws in your country or state of residence provide you with rights that cannot legally be waived, those rights remain applicable.