Terms of Service

Welcome to Mellow. These Terms of Service (“Terms”) govern your access to and use of the Mellow website, web application, digital environments, features, services, subscriptions, rewards, and related functionality (collectively, the “Service”).

By accessing or using Mellow, creating an account, or purchasing a subscription, you agree to these Terms. If you do not agree, do not access or use the Service.

1. About Mellow

Mellow is a digital productivity, focus, and relaxation platform that provides interactive ambient environments, focus tools, sounds, timers, virtual rewards, and related features.

Mellow is intended for personal productivity, relaxation, and entertainment purposes.

Mellow is not a medical, psychological, psychiatric, therapeutic, or healthcare service. Nothing provided through Mellow constitutes medical advice, diagnosis, or treatment.

References to focus, productivity, ADHD-friendly features, relaxation, stress reduction, or similar concepts describe the intended user experience only and do not represent medical claims.

2. Eligibility

You must be at least 18 years old to create an account, purchase a subscription, or use Mellow.

By using the Service, you represent that:

• You are at least 18 years old.
• You have the legal capacity to enter into these Terms.
• The information you provide is accurate and current.
• Your use of Mellow does not violate applicable law.

3. Accounts

Certain Mellow features require an account.

You are responsible for maintaining the confidentiality and security of your account and login credentials and for activities occurring through your account.

You agree to provide accurate account information and keep it reasonably current.

You may not:

• Create an account using false or misleading information.
• Impersonate another person.
• Sell, transfer, sublicense, or commercially share your account.
• Access another user's account without permission.
• Attempt to obtain another user's password, authentication token, or account credentials.

If you believe your account has been compromised, contact Mellow through the Contact page as soon as reasonably possible.

Mellow may use third-party authentication providers, including Google, and infrastructure providers to facilitate account creation, authentication, and account management.

4. Free and Premium Access

Mellow may offer both free and paid access.

Free Access

Free users may receive access to selected rooms, sounds, focus tools, rewards, and other functionality designated by Mellow as free.

The features included in the Free plan may change over time.

Premium Access

Mellow currently offers Premium subscription options, including:

• Premium Monthly — $9.99 per month
• Premium Annual — $99.99 per year

Applicable taxes may be added where required.

Premium may include access to designated Premium rooms, expanded functionality, additional customization, enhanced focus features, additional rewards, and other features identified as Premium within the Service.

Unless expressly stated otherwise, purchasing Premium does not grant ownership of any room, digital item, artwork, sound, feature, or other Mellow content.

Premium provides a limited right to access eligible features while the applicable subscription remains active.

Mellow may add, remove, redesign, modify, replace, or improve features included with Free or Premium access. We will not intentionally remove the core paid functionality of an active subscription solely to avoid providing a purchased service.

5. Subscriptions and Automatic Renewal

Paid Mellow subscriptions are recurring subscriptions.

Unless canceled before the applicable renewal date:

• Monthly subscriptions automatically renew each month.
• Annual subscriptions automatically renew each year.

Your selected payment method will be charged the applicable subscription price, plus any required taxes, at each renewal.

Before purchasing a subscription, you will be shown the applicable price and billing interval.

By purchasing Premium, you expressly authorize Mellow and its payment processor to charge your selected payment method on a recurring basis until your subscription is canceled.

Additional details regarding renewals, cancellation, failed payments, refunds, and billing are provided in the Billing & Refund Policy, which forms part of these Terms.

6. Cancellation

You may cancel your Mellow subscription using the subscription-management functionality made available through your account.

Where Mellow uses Stripe's customer billing portal, you may be redirected to Stripe to manage or cancel your subscription.

Unless otherwise stated at the time of cancellation:

• Cancellation stops future renewals.
• Your Premium access continues through the end of the billing period you already paid for.
• You will not ordinarily receive a prorated refund for unused time remaining in that billing period.
• Your account will return to the applicable Free access level after the paid period expires.

Mellow will provide an online method of cancellation for subscriptions purchased online where required by applicable law.

Deleting your Mellow account does not necessarily cancel an active subscription unless the Service expressly confirms that the subscription has also been canceled. You should cancel an active subscription through the available subscription-management system before deleting your account.

7. Payments

Payments for Premium subscriptions may be processed by third-party payment processors, including Stripe.

Mellow does not need to directly store your full payment-card number when payment information is handled by the applicable payment processor.

You agree to provide valid payment information and authorize the applicable payment processor to process charges associated with your purchase.

If a payment fails, expires, is declined, is reversed, or cannot otherwise be completed, Premium access may be suspended, restricted, or terminated.

Mellow may change subscription pricing in the future.

Any price change affecting an existing recurring subscription will be communicated as required by applicable law and will apply prospectively rather than retroactively.

8. Focus Points and Virtual Rewards

Mellow may provide virtual points, currently referred to as Focus Points or “FP,” achievements, unlocks, digital rewards, companion items, room access, decorative items, or other virtual features.

FP and other virtual rewards:

• Have no cash value.
• Are not legal currency.
• Cannot be redeemed for money.
• Cannot be transferred between users unless Mellow expressly creates such functionality.
• Cannot be sold or exchanged outside Mellow.
• Do not create a property interest.
• May only be used for functionality made available within Mellow.

Certain rooms or digital features may be unlockable through accumulated FP rather than through a Premium subscription.

For example, Mellow may designate specific rooms or features as FP-based unlocks.

Unless otherwise stated, an FP unlock and a Premium subscription are separate access methods. Purchasing Premium does not automatically grant an FP-based unlock, and accumulating FP does not automatically grant access to Premium-only content.

Mellow may adjust FP earning rates, achievement requirements, unlock requirements, or the FP system in the future to maintain or improve the Service.

However, Mellow will make reasonable efforts not to arbitrarily remove legitimately earned permanent unlocks from a user's account without a legitimate operational, security, fraud-prevention, or legal reason.

9. No Monetary Value of Digital Progress

FP, achievements, streaks, virtual objects, room unlocks, badges, companions, customization items, and similar digital elements are features of the Service rather than financial assets.

You are not entitled to compensation for the loss, alteration, expiration, reset, or modification of virtual progress except where required by applicable law.

Mellow may restore progress when technically feasible following a confirmed technical error, but does not guarantee that all virtual progress can always be recovered.

10. Acceptable Use

You agree to use Mellow only for lawful purposes and in accordance with these Terms and the Acceptable Use Policy.

Among other things, you may not:

• Circumvent Premium restrictions or access controls.
• Manipulate FP, achievements, unlocks, subscriptions, or account status.
• Exploit bugs or vulnerabilities to obtain unauthorized benefits.
• Reverse engineer the Service except where applicable law expressly permits it.
• Scrape or systematically extract Mellow content or data without permission.
• Use bots, scripts, automation, or other tools to artificially generate FP or manipulate functionality.
• Attempt to interfere with Mellow's servers, database, authentication, payment systems, or infrastructure.
• Introduce malware, malicious code, denial-of-service attacks, or harmful technology.
• Attempt unauthorized access to another user's information.
• Use Mellow's assets to create a competing or substantially derivative commercial service.
• Remove copyright, trademark, or proprietary notices.

Mellow may investigate suspected violations and restrict or terminate access where reasonably necessary.

11. Intellectual Property

Mellow and its licensors retain all rights, title, and interest in the Service and its contents.

This includes, where applicable:

• Mellow branding and logos.
• Room designs and environments.
• Illustrations and visual assets.
• Animations.
• User interface designs.
• Software and source code.
• Written content.
• Original sound design.
• Icons.
• Graphics.
• Characters and virtual companions.
• Reward systems.
• Feature designs.
• Original combinations and arrangements of content.

Third-party assets, fonts, sounds, libraries, software, or services remain the property of their respective owners and are subject to their respective licenses.

Your subscription or use of Mellow does not transfer intellectual-property ownership to you.

Subject to these Terms, Mellow grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Service for your personal, non-commercial use.

12. Feedback

If you voluntarily send Mellow ideas, suggestions, feature requests, comments, or other feedback regarding the Service, you permit Mellow to use that feedback without restriction or compensation to you.

This does not give Mellow ownership of unrelated intellectual property or confidential material merely because you communicate with us.

13. Service Changes

Mellow is an evolving digital service.

We may update, redesign, add, modify, remove, suspend, or discontinue features from time to time.

This may include changes to:

• Rooms.
• Sounds.
• Animations.
• Focus tools.
• Timers.
• FP systems.
• Achievements.
• Virtual rewards.
• Subscription features.
• User interface elements.
• Integrations.
• Technical infrastructure.

We may also perform maintenance that temporarily makes portions of Mellow unavailable.

Where a material change significantly affects a paid service, we will provide notice where required by applicable law.

14. Availability

We aim to keep Mellow available and functional, but we do not guarantee uninterrupted or error-free operation.

The Service may occasionally be unavailable because of:

• Maintenance.
• Updates.
• Internet outages.
• Hosting failures.
• Third-party service failures.
• Authentication failures.
• Payment-service interruptions.
• Cybersecurity incidents.
• Software bugs.
• Events outside Mellow's reasonable control.

Temporary interruption of the Service does not automatically entitle a user to a refund except where required by law or expressly provided under our Billing & Refund Policy.

15. Third-Party Services

Mellow relies on third-party technologies and service providers.

These may include services for:

• Payment processing.
• Authentication.
• Database infrastructure.
• Hosting.
• Analytics.
• Email.
• Error monitoring.
• Content delivery.

Third-party providers may have separate terms and privacy practices.

Mellow is not responsible for a third-party service's independent acts, omissions, outages, or practices except to the extent responsibility cannot legally be excluded.

16. Health and Wellness Disclaimer

Mellow is not a healthcare provider.

The Service is not intended to:

• Diagnose ADHD.
• Diagnose any medical or mental-health condition.
• Treat ADHD.
• Replace therapy.
• Replace medication.
• Replace professional medical care.
• Provide emergency or crisis support.

Any timers, ambient environments, productivity systems, focus tools, relaxation features, or other resources are general-purpose tools.

Individual experiences and results vary.

If you have questions about a medical or mental-health condition, consult an appropriately qualified healthcare professional.

17. User Safety

You are responsible for deciding when and where use of Mellow is appropriate.

Do not use Mellow in circumstances where distraction could create a safety risk, including while driving, operating machinery, or performing activities requiring your full attention.

Ambient sounds, timers, visual effects, or other features should be used at reasonable settings appropriate to your circumstances.

18. Account Suspension and Termination

Mellow may suspend, restrict, or terminate an account when reasonably necessary because of:

• Material violation of these Terms.
• Fraud or suspected fraud.
• Payment abuse.
• Chargeback abuse.
• Manipulation of FP or rewards.
• Unauthorized access attempts.
• Security threats.
• Illegal use.
• Abuse of the Service.
• Conduct that creates material risk to Mellow or its users.

Where reasonable, Mellow may provide notice or an opportunity to correct a violation before termination.

Immediate restriction may occur where necessary to protect users, systems, payment infrastructure, intellectual property, or legal compliance.

Termination for serious misuse does not automatically create a right to a refund.

Nothing in this section limits rights or remedies provided by applicable consumer law.

19. Account Deletion

Users may request or initiate account deletion through functionality provided by Mellow or through the Contact page.

Account deletion may permanently remove or anonymize certain account information, progress, FP, achievements, preferences, and unlocked digital content, subject to records Mellow is legally permitted or required to retain.

Deleting an account may be irreversible.

Billing, tax, fraud-prevention, transaction, security, or legal records may be retained where reasonably necessary or legally required.

More information is provided in the Privacy Policy.

20. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, MELLOW AND THE SERVICE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.

MELLOW DOES NOT WARRANT THAT:

• THE SERVICE WILL ALWAYS BE AVAILABLE.
• THE SERVICE WILL BE COMPLETELY ERROR-FREE.
• EVERY FEATURE WILL WORK WITH EVERY DEVICE OR BROWSER.
• DATA OR VIRTUAL PROGRESS WILL NEVER BE LOST.
• THE SERVICE WILL PRODUCE A PARTICULAR PRODUCTIVITY, FOCUS, WELLNESS, OR RELAXATION RESULT.
• THE SERVICE WILL MEET EVERY USER'S INDIVIDUAL EXPECTATIONS.

SOME JURISDICTIONS DO NOT ALLOW CERTAIN WARRANTY DISCLAIMERS. IN THOSE JURISDICTIONS, THESE DISCLAIMERS APPLY ONLY TO THE MAXIMUM EXTENT PERMITTED BY LAW.

21. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MELLOW AND ITS OWNERS, OPERATORS, AFFILIATES, CONTRACTORS, LICENSORS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE.

THIS MAY INCLUDE, WHERE PERMITTED BY LAW, LOSS OF DATA, LOST PRODUCTIVITY, LOST PROFITS, LOSS OF BUSINESS OPPORTUNITY, LOSS OF VIRTUAL PROGRESS, OR INTERRUPTION OF SERVICE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, MELLOW'S AGGREGATE LIABILITY ARISING FROM OR RELATING TO THE SERVICE WILL NOT EXCEED THE GREATER OF:

1. The amount you paid directly to Mellow during the twelve months immediately preceding the event giving rise to the claim; or
2. $100.

Nothing in these Terms excludes liability that cannot lawfully be excluded or limited.

22. Indemnification

To the extent permitted by applicable law, you agree to indemnify and hold harmless Mellow and its owners, operators, affiliates, contractors, licensors, and service providers from claims, liabilities, losses, damages, and reasonable expenses arising from:

• Your unlawful use of the Service.
• Your material violation of these Terms.
• Your infringement of another person's rights.
• Fraudulent or abusive activity conducted through your account.

This provision does not require you to indemnify Mellow for Mellow's own unlawful conduct where such indemnification is prohibited by law.

23. Disputes

Before filing a formal legal claim relating to Mellow, you and Mellow agree to make a reasonable good-faith effort to resolve the dispute informally.

You may begin this process by contacting Mellow through the Contact page and describing:

• Your name and account email.
• The nature of the dispute.
• The relevant transaction, if applicable.
• The resolution you are requesting.

Nothing in this section prevents either party from seeking relief in small claims court where eligible or from seeking urgent relief where necessary to prevent immediate harm.

24. Governing Law

These Terms are governed by the laws of the State of Florida, without regard to conflict-of-law principles, except where applicable consumer law requires otherwise.

Any dispute not otherwise resolved and properly brought in court will be subject to the jurisdiction of an appropriate state or federal court located in Florida, except where applicable law gives you the right to bring a claim elsewhere.

25. Consumer Rights

Nothing in these Terms is intended to waive, limit, or eliminate rights that cannot legally be waived under applicable consumer-protection law.

If a provision of these Terms conflicts with a mandatory consumer right applicable to you, that mandatory right controls to the extent of the conflict.

26. Changes to These Terms

Mellow may update these Terms as the Service evolves.

When changes are made, the “Last Updated” date will be revised.

If a change materially affects your rights or obligations, Mellow may provide additional notice through the Service, by email, or through another reasonable method where required by law.

Your continued use of Mellow after updated Terms become effective constitutes acceptance of those updated Terms to the extent permitted by law.

Material changes to an existing paid subscription will not be applied retroactively where prohibited by law.

27. Severability

If any provision of these Terms is found unenforceable, invalid, or unlawful, that provision will be enforced to the maximum extent permitted or severed if necessary.

The remaining provisions will continue in effect.

28. No Waiver

Mellow's failure to enforce any provision of these Terms on one occasion does not waive the right to enforce that provision later.

29. Entire Agreement

These Terms, together with Mellow's:

• Privacy Policy
• Billing & Refund Policy
• Cookie Policy
• Acceptable Use Policy

and any other policies expressly incorporated by reference, constitute the agreement governing your use of Mellow.

If a specific policy conflicts with these Terms on a subject specifically covered by that policy, the more specific policy will control for that subject unless otherwise stated.

30. Contact

Questions about these Terms may be submitted through Mellow's Contact page.

For billing-related questions, please review the Billing & Refund Policy before contacting Mellow.

For privacy-related requests, please review the Privacy Policy.

By creating an account, purchasing a subscription, or continuing to use Mellow, you acknowledge that you have read and agree to these Terms of Service.