© 2024 OPUS Immersive, Inc. All rights reserved
Immersive SoundHealing for Emotional Fitness
Privacy PolicySoundBed Terms of Service
Last Updated April 25, 2024
PLEASE READ CAREFULLY. OPUS Immersive Inc. (“OPUS Immersive,” “we,” “us” or “our”) provides session experiences inclusive of frequency based soundscapes, music, meditations and other content through: (i) the OPUS Connect mobile application (the “App”), (ii) the SoundBed vibroacoustic device, and (iii) any related services (together, the “SoundBed Service”).
By accessing or using the SoundBed Service, you accept these Terms of Service (the “Terms”), forming a binding contract with OPUS Immersive.
IMPORTANT: THESE TERMS CONTAIN A MANDATORY ARBITRATION PROVISION AND CLASS ACTION WAIVER IN SECTION 19. PLEASE READ IT CAREFULLY.
Age Requirements.
You must be at least 18 years old to purchase, activate or use SoundBed. Users under 18 require parent/guardian consent and supervision.
Compliance with Laws.
You must comply with all applicable laws to access the SoundBed Service. We may refuse access or use of the SoundBed Service to any person or entity at any time. You are solely responsible for ensuring use of the SoundBed Service complies with laws applicable to you.
Usage Restrictions and Prohibitions.
Except as expressly permitted in writing by an authorized representative of OPUS Immersive, you agree not to do any of the following while using the SoundBed Service:
All rights not expressly outlined here are reserved solely to OPUS Immersive. We have the right to investigate violations of these Terms and any questionable Content or behavior. OPUS Immersive may consult with and disclose unlawful user conduct to law enforcement authorities.
We may suspend or terminate access to the SoundBed Service if we reasonably suspect violations of these restrictions and prohibitions, any illegal activity or potential harm to other users. We also reserve the right to remove or refuse to distribute any User Content that violates these Terms.
License Grant Solely for your personal, non-commercial use, OPUS Immersive grants you a limited, revocable, non-exclusive, non-transferable license to access and use the SoundBed Service in accordance with these Terms. You may not copy, modify, distribute, sell, transfer or reverse engineer any part of the SoundBed Service.
“User Content” means any content submitted by you for public display through or in connection with the SoundBed Service. User Content includes:
By submitting User Content through or in connection with the SoundBed Service, you grant OPUS Immersive a worldwide, perpetual, irrevocable, sublicensable license to publicly display, reproduce, distribute and create derivative works from that User Content for any lawful purpose. You represent and warrant you have all necessary rights to grant us that license.
If you make product suggestions or submit other feedback or ideas to OPUS Immersive, you also grant us an unlimited right to use and share that information without compensation back to you. The SoundBed Service may allow public sharing and visibility of certain User Content at your discretion. Note that some User Content like profile information may always remain public where chosen to display. You are responsible for your User Content and compliance with laws. Please do not share unauthorized, offensive or illegal content.
We accept orders for SoundBed devices, subscriptions, accessories and apparel through our website. Availability cannot be guaranteed. All sales are subject to our Refund Policy.
Use of Payments and Reservations. By placing an order with OPUS Immersive, you authorize use of any payments or deposits made towards that order to be used for general business purposes as needed in our sole discretion. This may include applying funds towards working capital, inventory, investments, marketing, operating costs, executive compensation or other business objectives prior to delivery of goods sold. We shall retain sole discretion over use of proceeds from customer payments and deposits.
Reservations and Deposits. If you place a non-binding reservation order for a SoundBed device, you authorize OPUS Immersive to accept and retain your reservation deposit as a form of flexible, refundable prepayment towards the future order. Reservation deposits may be used for general working capital while held. Upon request at any time prior to converting your reservation to a final purchase order, OPUS Immersive will refund the full deposit amount within up to 21 business days, though usually sooner. See our Return Policy for details on reservations and how deposit refunds are processed. Conversion of reservations to final purchase orders is covered by our Return Policy and stated at the time an order is placed.
We may terminate your access to the SoundBed Service at any time for violation of these Terms or any other reason in our sole discretion. If your subscription is canceled or terminated, you will lose access to premium content and features.
You must pay all applicable fees to activate and use the SoundBed Service. We may change prices and fees at any time upon notice. Taxes will be added to fees. Past due accounts may be sent to collections.
EXCEPT FOR THE SEPARATE OPUS IMMERSIVE LIMITED WARRANTY FOR SOUNDBED HARDWARE, THE SOUNDBED SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND. YOU USE IT AT YOUR OWN RISK.
TO THE FULLEST EXTENT PERMITTED BY LAW, OPUS IMMERSIVE DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE SOUNDBED SERVICE, APP, FIRMWARE, CONTENT AND RELATED SERVICES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT.
OPUS IMMERSIVE DOES NOT WARRANT THAT THE SOUNDBED SERVICE WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, ERROR-FREE OR VIRUS-FREE BASIS. NO INFORMATION OR ADVICE OBTAINED BY YOU FROM OPUS IMMERSIVE OR THROUGH THE SOUNDBED SERVICE CREATES ANY WARRANTY.
OPUS IMMERSIVE OFFERS A SEPARATE 1 YEAR LIMITED WARRANTY THAT COVERS DEFECTS IN MATERIALS OR WORKMANSHIP FOR YOUR SOUNDBED HARDWARE DEVICE, SUBJECT TO THE TERMS AND CONDITIONS OF THAT POLICY. PLEASE REFER TO THE OPUS IMMERSIVE 1 YEAR LIMITED WARRANTY FOR FULL DETAILS.
THE OPUS IMMERSIVE 1 YEAR LIMITED WARRANTY PROVIDES YOUR SOLE AND EXCLUSIVE WARRANTY COVERAGE FOR THE SOUNDBED DEVICE. OPUS CONNECT APP AND RELATED SERVICES REMAIN PROVIDED AS-IS ONLY, SEPARATE FROM HARDWARE WARRANTY COVERAGE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME EXCLUSIONS HERE MAY NOT APPLY. RESIDENTS OF THOSE AREAS MAY HAVE ADDITIONAL RIGHTS.
Limitations on Liability.
TO THE FULLEST EXTENT PERMITTED BY LAW, OPUS IMMERSIVE 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: (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SOUNDBED SERVICE; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SOUNDBED SERVICE, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; OR (C) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF OPUS IMMERSIVE EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE AMOUNT YOU PAID OPUS IMMERSIVE, IF ANY, IN THE PAST TWELVE MONTHS FOR THE SOUNDBED SERVICE GIVING RISE TO THE CLAIM.
THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT OPUS IMMERSIVE HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
You agree to fully defend, indemnify and hold harmless OPUS Immersive, its officers, directors, employees, agents, successors and assigns from any liability, losses, claims, damages, costs, expenses (including attorneys’ fees), judgments and settlements arising out of or related to your access or use of the SoundBed Service (including any User Content) or violation of these Terms.
This includes, without limitation, any third party claims or allegations related to unauthorized Content distribution, privacy violations, security breaches, service disruptions caused by you, or allegations that User Content infringes or misappropriates another party’s intellectual property or other proprietary rights.
The SoundBed Service does not collect or provide professional advice relating to your mental, physical or emotional health. Information provided is general reference only and not a substitute for seeking qualified professional help. Consult your doctor or qualified mental health professional before engaging with any relaxation routine, exercises, sound therapy or health-related activities.
OPUS Immersive disclaims any representations or warranties that the SoundBed vibroacoustic system provides specific medical psychological, physiological or therapeutic benefits. No studies yet validate efficacy claims regarding SoundBed biometrics, sleep data or related health measures. Utilize content and biofeedback metrics for novelty purposes only per your discretion.
Your access and use of the SoundBed Service is strictly voluntary. By using the SoundBed Service you assume full responsibility and risk for your decisions and any outcomes related to your mental, emotional or physical state. In rare instances, immersive media can trigger seizures in prone individuals. OPUS Immersive hereby disclaims all liability related to use of the SoundBed Service.
The SoundBed Service may link to or facilitate third party services, content or platforms (“Third Party Services”), but OPUS Immersive does not endorse and is not responsible for them. Use of Third Party Services is at your own risk. The SoundBed Service may also link to third party sites OPUS Immersive does not control or endorse.
App License.
Subject to these Terms, OPUS Immersive grants you a personal, non-exclusive, non-transferable, revocable license to install and use the OPUS Connect app on devices owned or controlled by you. You may not copy or modify the app outside of authorized usage.
Firmware License.
The SoundBed device firmware enables product functionality and may be updated remotely, you consent to remote updates of firmware to your device without notice. You are licensed to use the firmware solely when embedded within your SoundBed device.
Copyrights.
The App, firmware, hardware designs, software code, documentation, interfaces, Content library and all data remain the intellectual property of OPUS Immersive and its licensors, protected by copyright, patent, trademark and trade secret law. Nothing conveys rights in that intellectual property, except the licenses granted herein.
Trademarks.
OPUS Immersive wordmarks and logos, including but not limited to “SoundBed” and “OPUS Connect”, are protected trademarks belonging to OPUS Immersive Inc. Use requires advance written permission.
No Reverse Engineering.
You may not reverse engineer, translate, decompile or disassemble the firmware, seek to derive source code, bypass or overcome data protection mechanisms, uncover underlying structure or algorithms, defeat rights protections, or enable unauthorized downloads or transfers of SoundBed software and data.
Reporting Claims.
If you believe your intellectual property is infringed by the SoundBed Service, email legal@feelopus.com with details for further inquiry. Invalid claims incur liability for damages caused to OPUS Immersive, including lost profits and attorney fees.
Your Duty of Non-Infringement.
You shall avoid and report violations regarding distribution of OPUS Immersive media or infringement of its intellectual property rights. Email legal@feelopus.com immediately if known instances are discovered.
In essence, both access and usage rights remain strictly limited to these Terms irrespective of provided licenses.
Processing Time.
Orders are not shipped or delivered on weekends or holidays.
Shipping Methods and Delivery Estimates.
Delivery estimates are based on product availability at the time of your order and the shipping method selected. Times may vary based on your location and the shipping carrier.
The expected delivery timeframe for your order will be displayed on the order page prior to purchase. While we strive to meet these delivery expectations, occasionally delays may occur due to supply constraints or other unforeseen circumstances outside of our control. OPUS Immersive will make every reasonable effort to honor the promised delivery timeframes.
In the event of a significant delay, we will notify you via email and provide an updated delivery estimate. At any time prior to delivery and/or you are unsatisfied with the revised delivery timeframe, you may request a full refund of your order at any time prior to shipment. Additionally you may return your product after delivery as per our Refund Policy.
Shipping Carriers.
We use the following carriers to deliver our orders:
FedEx
UPS
DHL
USPS
Shipping Origin.
Your order may be shipped from one of several OPUS Immersive warehouse locations based on product availability and your shipping destination:
WAREHOUSE ADDRESS (WEST)
4725 Kelton Way
Sacramento, CA 95838
WAREHOUSE ADDRESS (MIDDLE)
4116 Pasadena Blvd
Pasadena, TX 77503
WAREHOUSE ADDRESS (EAST)
11 Colonial Dr.
Piscataway, NJ 08854
You will be notified via email with your tracking information once your order has shipped, including the shipping origin location.
Order Tracking.
Once your order has shipped, you will receive a shipping confirmation email that contains your tracking number and a link to track your order status online.
Shipping Restrictions.
We currently ship to addresses within the continental United States only. We do not ship to P.O. or A.P.O boxes.
Damages.
OPUS Immersive is not liable for any products damaged or lost during shipping. If you received your order damaged, please contact the shipment carrier to file a claim. Save all packaging materials and damaged goods before filing a claim.
Please contact us at support@feelopus.com with any questions or concerns regarding your shipment or to request a refund for an unfulfilled order. Our team is committed to ensuring your satisfaction with the SoundBed delivery experience.
We may update these Terms at any time. Updated versions will be posted on the SoundBed website and App. Please check frequently for updates. By continuing to access the SoundBed Service you agree to updated Terms.
You consent to receive all required agreements, notices, updates and other communications electronically through the App, email or otherwise. See soundbed.com for specifics.
Neither party shall be liable for failure or delays due to causes beyond their control. Dates shall be extended equal to the time lost from any such delays.
Contact support@feelopus.com with questions. OPUS™ is a registered trademark of OPUS Immersive Inc.
YOU AND OPUS IMMERSIVE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
Unless both you and OPUS Immersive agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
If this class action waiver is found to be unenforceable, then the entirety of the Arbitration Agreement shall be null and void.
Arbitration Agreement.
Please read this section carefully. It requires you to arbitrate disputes with OPUS Immersive and limits the manner in which you can seek relief from us, unless you opt out of arbitration by following the instructions set forth below. No class or representative actions or arbitrations are allowed under this arbitration agreement.
Scope of Arbitration.
You and OPUS Immersive agree to arbitrate any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof, or to the use of the SoundBed Service, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in Delaware before one arbitrator.
The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those Rules. Judgment on the Award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.
Authority of Arbitrator. As limited by the Federal Arbitration Act (FAA), these Terms and the applicable JAMS rules, the arbitrator will have the authority to grant any remedy that would otherwise be available in court. The arbitrator's award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
Waiver of Jury Trial.
THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, electing instead to have claims and disputes resolved by arbitration. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in a court. The arbitrator's authority is limited to claims between you and OPUS Immersive alone.
Exception to Arbitration.
You may opt out of this Arbitration Agreement. If you do so, neither you nor OPUS Immersive can require the other to participate in an arbitration proceeding. To opt out, you must notify OPUS Immersive in writing no later than 30 days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, your OPUS Immersive username (if any), the email address you used to set up your OPUS Immersive account (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement.
You must send your opt-out notice via email to: legal@feelopus.com or via mail to OPUS Immersive Inc., ATTN: Arbitration Opt-out, 1401 Lavaca St #101 Austin, TX 78701.
Consult your physician before using SoundBed when pregnant or if you have any medical concerns. OPUS Immersive makes no medical claims regarding SoundBed. You assume all personal injury risk associated with SoundBed use.
These Terms are governed by Delaware law without regard to conflicts provisions. Exclusive jurisdiction for unresolved disputes lies in state and federal courts located in Delaware.
You and OPUS Immersive waive rights to a jury trial and agree to arbitrate any disputes on an individual not class basis under the Federal Arbitration Act. This provision governs over any conflicting Terms.
By opting in to receive SMS messages from OPUS Immersive, you agree to these SMS Marketing Terms, which are incorporated into and form a part of the SoundBed Terms of Service.
Consent to Receive SMS Messages.
By providing your mobile phone number and opting in to receive SMS messages from OPUS Immersive, you confirm that you are authorized to provide consent to receive text messages at the mobile number you provide. You agree that OPUS Immersive may send you text messages via an automatic telephone dialing system in accordance with these SMS Marketing Terms.
Types of Messages You May Receive.
OPUS Immersive may send you SMS messages related to:
Message Frequency.
The number of messages you receive may vary depending on your interactions with OPUS Immersive. You agree to receive up to 10 messages per month from OPUS Immersive. We will not exceed this amount unless you expressly opt-in to receive additional messages.
Carrier Costs.
Message and data rates may apply for any messages sent to you from OPUS Immersive and to OPUS Immersive from you. Message frequency depends on your use of the SoundBed Service. If you have any questions about your text plan or data plan, contact your wireless provider.
Delivery of Messages.
OPUS Immersive may use multiple messaging platforms to deliver SMS messages to you. Delivery is subject to effective transmission from your network operator and processing by your mobile device. OPUS Immersive is not liable for delayed or undelivered messages.
Opting Out.
You can opt out of receiving SMS messages from OPUS Immersive at any time by texting STOP to any SMS message you receive from us. You may also opt out by emailing support@feelopus.com with your request and mobile phone number. After opting out, you will no longer receive SMS messages from OPUS Immersive.
Support.
For support regarding SMS messages, please contact us at support@feelopus.com. Please include your mobile phone number in your support request.
Changes to SMS Marketing Terms.
OPUS Immersive may change these SMS Marketing Terms at any time. Any changes will be posted on the SoundBed website and will be effective immediately upon posting. Your continued use of the SoundBed Service after changes are posted constitutes your acceptance of the updated SMS Marketing Terms.
These Terms constitute the entire and exclusive understanding and agreement between OPUS Immersive and you regarding the SoundBed Service, and these Terms supersede and replace any and all prior oral or written understandings or agreements between OPUS Immersive and you regarding the SoundBed Service. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and OPUS Immersive's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
You may not assign or transfer these Terms, by operation of law or otherwise, without OPUS Immersive's prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. OPUS Immersive may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications provided by OPUS Immersive under these Terms, including those regarding modifications to these Terms, will be given by OPUS Immersive: (i) via email; or (ii) by posting to the SoundBed Service. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
These Terms and any action related thereto will be governed by the laws of the State of Texas without regard to its conflict of laws provisions. The exclusive jurisdiction and venue of any action related to the subject matter of these Terms will be the state and federal courts located in New Castle County, Delaware and each of the parties hereto waives any objection to jurisdiction and venue in such courts.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the SoundBed Service or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
Contact Information:
If you have any questions about these Terms, please contact us at legal@feelopus.com.