This English version is a courtesy translation. In case of any discrepancies, the German version shall prevail.
Brainwave Entertainment GmbH
Last updated: June 2025
1. Scope and contracting party
1.1 Provider
These terms and conditions apply to all contracts with Brainwave Entertainment GmbH, Starhembergstraße 7, 4020 Linz, Austria (hereinafter "we" or "Brainwave").
1.2 Customers
A consumer is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to their commercial nor to their independent professional activity.
An entrepreneur is a natural or legal person or a partnership with legal capacity who, when entering into a legal transaction, acts in the exercise of their commercial or independent professional activity.
1.3 Validity
All offers, deliveries and services are provided exclusively on the basis of these terms and conditions. We do not recognize any deviating terms of the customer unless we have expressly agreed to them in writing.
2. Conclusion of contract
2.1 Offer
The presentation of products in our online shop does not constitute a legally binding offer, but an invitation to submit an offer (invitatio ad offerendum).
2.2 Order
You submit a binding offer by:
- Adding the desired products to the cart
- Completing the checkout process
- Clicking "Buy now", "Buy course" or "Subscribe now"
2.3 Acceptance of contract
We accept your offer by:
- Sending an order confirmation by email
- Providing the digital content for download
- Unlocking access to purchased content
2.4 Contract language and storage
- The contract language is German
- We store the contract text and send you the order details by email
- These terms and conditions are available at any time at www.brainwave3d.com
2.5 Use of the Shopify platform
We operate our online shop via the Shopify Inc. ("Shopify") platform, whose terms of service you automatically accept, together with our own terms and conditions,
upon conclusion of the purchase contract.
If you create an account with Shopify, the
Shopify terms of use, including API and privacy provisions, also apply. (Incorporated pursuant to § 305 (2) BGB; basis: Shopify terms of service)
3. Prices and taxes
3.1 Prices
- All prices are final prices and include statutory VAT
- The prices valid at the time of the order apply
- For subscriptions, the prices agreed at the conclusion of the contract apply for the entire term
3.2 Price changes
Price changes for ongoing subscriptions are only possible with 30 days' notice and your special right of termination.
4. Payment terms
4.1 Payment methods
We accept the following payment methods:
- PayPal
- Credit card (Visa, Mastercard)
- SEPA direct debit
- Sofort bank transfer
- Apple Pay / Google Pay (in the app)
4.2 Due date
For one-time purchases, payment is due immediately upon ordering. For subscriptions, the first payment is made upon ordering, subsequent fees according to the agreed billing cycle.
4.3 Late payment
In the event of late payment, we charge default interest at the statutory rate. We reserve the right to claim further damages.
4.4 Set-off
You may only set off claims that are undisputed or have been legally established.
5. Right of withdrawal for consumers
Withdrawal policy
You have the right to withdraw from this contract within fourteen days without giving any reason.
Withdrawal period
The withdrawal period is fourteen days from the day the contract is concluded.
Exercising the right of withdrawal
To exercise your right of withdrawal, you must inform us:
Brainwave Entertainment GmbH
Starhembergstraße 7
4020 Linz, Austria
Email: ticket system
of your decision to withdraw from this contract by means of a clear statement (e.g. letter, email).
Consequences of withdrawal
If you withdraw from this contract, we must refund all payments we have received from you without undue delay and at the latest within fourteen days from the day on which we received notice of your withdrawal.
Special rules for digital content
Early expiry of the right of withdrawal
For digital content (frequency downloads, online courses), the right of withdrawal expires if:
- You have expressly agreed that we begin performing the contract before the withdrawal period ends
- You have acknowledged that you lose your right of withdrawal by giving this consent
- We have provided you with a confirmation pursuant to § 312f BGB
You give this consent during checkout by ticking the corresponding checkbox.
Exclusion of the right of withdrawal
The right of withdrawal does not apply to:
- Digital content after the download has started (with prior consent)
- Services after they have been fully performed (with prior consent)
- Personalized or custom-made products
6. Delivery and performance
6.1 Digital content
- Digital content (frequencies, courses) is made available immediately after receipt of payment
- The download link is sent by email and stored in your customer account
- You receive unlimited access to purchased content
6.2 Physical products
- Physical products are shipped within 3-5 business days after receipt of payment
- Shipping is to the delivery address provided
- Partial deliveries are permitted where reasonable
6.3 Subscriptions
- Premium content is unlocked monthly
- New content is available from its respective release date
- If you cancel, access remains until the end of the paid period
7. Subscriptions and cancellation
7.1 Term and renewal
Monthly subscription:
- Term: 1 month
- Cancellation: Monthly with 30 days' notice
- Automatic renewal for 1 month at a time
Annual subscription:
- Term: 12 months
- Cancellation: Annually with 30 days' notice before expiry
- Automatic renewal for 12 months at a time
7.2 Cancellation
- Cancel via your customer account or our ticket system
- If cancelled on time, the subscription ends at the end of the paid period
- Amounts already paid are not refunded on a pro rata basis
7.3 Termination for cause
We may terminate the subscription for cause in the event of:
- Late payment despite a reminder
- Breach of these terms and conditions
- Misuse of the platform
8. Rights of use and copyright
8.1 Rights granted
With your purchase, we grant you a simple, non-transferable right to use the digital content for:
- Private, non-commercial use
- Download to your personal devices
- Use in accordance with the usage instructions
8.2 Restrictions
The following are prohibited:
- Passing on, selling or renting the content
- Public playback or performance
- Reverse engineering or decompiling
- Removing copyright notices
8.3 Copyright protection
- All content is protected by copyright
- Copyright infringements lead to immediate suspension
- We reserve the right to take legal action
9. Safety and usage instructions
9.1 Important safety information
You should NOT use our frequencies if you have/are:
- Epilepsy or seizure disorders
- Pregnancy
- A pacemaker or other medical implants
- Mental disorders or are in therapy
- Cardiac arrhythmias
- Under 16 years of age
- A tendency to lose consciousness
If in doubt, consult your doctor or therapist before use.
9.2 Instructions for use
- Never listen to frequencies while driving or operating machinery
- Use headphones for the best effect
- Start at low volume
- Read our free frequency guide: www.brainwave-guide.com
- Follow the specific usage instructions for each product
9.3 Possible reactions
When used for the first time, the following may occur:
- Dizziness or mild headaches
- Intense emotional reactions
- Unusual states of consciousness
These reactions are normal and usually disappear on their own. If symptoms persist, stop using the product.
10. Disclaimer and personal responsibility
10.1 Personal responsibility
You use our products at your own responsibility and risk. Use is at your own responsibility, observing the safety instructions.
10.2 Disclaimer of liability
We accept no liability for:
- Damage to health caused by improper use
- Damage caused by failure to follow the safety instructions
- Indirect or consequential damage
- Data loss or technical problems
10.3 Statutory liability
Our liability remains unaffected for:
- Intent and gross negligence
- Injury to life, body or health
- Breach of essential contractual obligations
- Product liability under the Product Liability Act
11. Warranty
11.1 For consumers
The statutory warranty rights apply. For digital content, we warrant provision in accordance with the contract for a period of 2 years.
11.2 For entrepreneurs
- Visible defects must be reported within 5 business days of receipt
- Hidden defects within 6 months of delivery
- In the case of justified complaints, we will, at our discretion, provide subsequent performance or a replacement
- The warranty for used goods is limited to 1 year
12. Data protection
Your personal data is processed in accordance with our privacy policy, which forms part of these terms and conditions.
12.1 Email marketing
We use Klaviyo Inc.
as a service provider for our email marketing. With your consent, we process and send
personal data (e.g. email address) via Klaviyo in accordance with its Privacy
Notice (as of May 15, 2025).
13. Group of companies
Brainwave Entertainment GmbH is part of the Brainwave group of companies and works closely with its affiliated subsidiary Brainwave3D Technology GmbH (also based in Linz, Austria). While Brainwave Entertainment GmbH is responsible for the online shop and product sales, Brainwave3D Technology GmbH is responsible for the technical implementation and support of the app.
13.2 Data processing
To provide the best possible service, customer data is shared between the group companies in order to:
- Enable unified customer accounts
- Synchronize purchased content
- Offer shared support
14. Dispute resolution
14.1 Online dispute resolution
The EU Commission provides a platform for online dispute resolution:
https://ec.europa.eu/consumers/odr/
14.2 Consumer arbitration
We are not obliged to take part in consumer arbitration proceedings. If you have any problems, feel free to contact our ticket system directly.
15. Final provisions
15.1 Applicable law
Austrian law applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
15.2 Place of jurisdiction
For consumers: Statutory place of jurisdiction
For entrepreneurs: The exclusive place of jurisdiction is Linz, Austria
15.3 Place of performance
The place of performance for all services is Linz, Austria.
15.4 Severability clause
Should individual provisions of these terms and conditions be invalid, the validity of the remaining provisions shall remain unaffected.
15.5 Changes
Changes to these terms and conditions will be communicated to you by email and are deemed accepted if you do not object within 30 days.
Contact:
Brainwave Entertainment GmbH
Starhembergstraße 7
4020 Linz, Austria
Support: ticket system
Last updated: June 2025
