Terms of Use for Binavelle
1. Scope
These Terms of Use apply to the Binavelle iPhone app by Tom Silas Helmke. Binavelle is in development. They supplement the product specific information on this website. Mandatory consumer rights remain unaffected.
2. Description of the service
Binavelle is a local audio studio for binaural sessions on iPhone. The app generates and mixes audio signals, including binaural signals, noise, your own audio files, and multi stage frequency journeys, and offers background playback, a Sleep Player and, with Pro, a Sleep Schedule and local export.
3. No medical or therapeutic service
Binavelle generates and mixes audio signals. Binavelle does not diagnose, treat, or prevent any disease and does not replace medical or therapeutic advice. No effect on sleep, concentration, stress, anxiety, or brain activity is promised. Goals such as sleep, focus, relaxation, and meditation describe what a session is meant for and not a guaranteed effect.
4. Binaural playback
For the intended binaural effect, the left and the right ear must receive their respective different signals separately. Stereo headphones are intended for this. Over speakers or with mixed channels, the intended effect may not occur.
5. Volume and listening responsibility
Use a comfortable, safe volume. The dBFS values shown in Binavelle describe digital signal levels and not the actual sound pressure at the ear. Binavelle gives no hearing protection guarantee and is not certified as hearing protection.
6. Your own audio files
You are responsible for importing, mixing, and exporting only files you have the necessary rights to. DRM protected streaming content cannot be imported as a normal file. Imported files stay local. Binavelle does not modify the original file during a normal import.
7. Sleep Schedule and iOS system limits
The Sleep Schedule uses local reminders and prepares the session. An autonomous audio start from a fully quit app is not guaranteed. Local reminders and system behavior depend on iOS, your permissions, and the device state.
8. Background playback and system integration
Background playback, Lock Screen Now Playing, and Control Center are iOS system features. Their availability can depend on iOS and the device. By default, Binavelle pauses when headphones or a Bluetooth output disconnect.
9. Free and Binavelle Pro
Free includes unlimited playback time and session starts in full audio quality, background playback, exact frequency control, basic separate left and right intensity, the Sleep Player, up to 5 saved sessions, up to 3 imported audio files, 1 imported audio, noise, and ambient layer each per session, up to 3 custom presets, 1 session stage, trim, and an automatic loop crossfade of about 250 ms. Pro removes the quantity limits and adds multi stage sessions, multiple layers, advanced loop and custom crossfade settings, the Sleep Schedule, and local audio export. If Pro ends, existing content is kept and stays playable. You can simplify, rename, or delete it. Only new complexity above the Free limits is blocked.
10. Subscriptions and Lifetime
Binavelle Pro is intended as Monthly (1 month), Yearly (1 year), and Lifetime. Monthly and Yearly are auto renewing Apple subscriptions. Lifetime is a one time non consumable purchase. Payment is made through your Apple ID. Intended German reference prices are €2.99 per month, €19.99 per year, and €39.99 one time. The price and currency Apple shows you before purchase apply. You manage and cancel subscriptions through Apple. Purchases can be restored through StoreKit. Refunds are subject to Apple's process and statutory consumer rights; Tommsel does not offer a separate refund guarantee.
11. Local data and backups
Your sessions, settings, and imported audio are stored locally on your device. Binavelle offers no cloud backup service of its own. You manage device backups yourself.
12. Export
You are responsible for exported content and the rights to it. Exports are rendered locally and only shared or saved on your action through iOS.
13. Availability and changes
Binavelle requires a compatible iPhone. Individual features may be available differently depending on device, iOS version, and system state. Features may be developed, changed, or discontinued where legally permitted and with due regard to users' legitimate interests.
14. Liability
Tommsel is fully liable for intent, gross negligence, injury to life, body, or health, and where mandatory law requires it. For a slightly negligent breach of essential contractual duties, liability is limited to foreseeable damage typical for the contract. Otherwise, liability for slight negligence is excluded. Mandatory consumer rights remain unaffected.
15. Apple's standard license agreement and contact
In addition to these Terms of Use, Apple's Standard EULA (Licensed Application End User License Agreement) applies to obtaining Binavelle through the App Store. Binavelle does not use its own, different license agreement. Send Binavelle questions to tshfm78@gmail.com.
Last updated: October 2026