CRYSTAL CREEK — TERMS AND CONDITIONS

Last Updated: 21 July 2026

These are the Terms and Conditions for the Crystal Creek application ("the App"). They set out the rules for using the App, the disclaimers and safety warnings that apply, your responsibilities as a user, and Crystal Creek's rights in its original content. Please read them carefully. By using the App, you agree to be bound by these Terms and Conditions.

1. Acceptance of the Terms

By downloading, accessing, or using the Crystal Creek application ("Crystal Creek", "the App", "we", "us", or "our"), you agree to be bound by these Terms and Conditions ("Terms"). If you do not agree with any part of these Terms, you must not access or use the App.

These Terms apply to all users of Crystal Creek, including users accessing the App through Non-Account Access Mode and users with full accounts.

Your use of Crystal Creek is also subject to our Privacy Policy, which explains how we collect, use, store, and protect information.

2. Electronic Acceptance

By selecting "I Agree", creating an account, accessing Non-Account Access Mode, downloading, installing, or otherwise using Crystal Creek, you acknowledge that you have read, understood, and agree to be legally bound by these Terms.

3. Eligibility

Crystal Creek is intended for users aged 13 years and older.

Users under 13: Crystal Creek is not intended for and may not be used by children under 13 years of age.
Users aged 13–17 (Non-Account Access Mode): May access the App without creating a full account. No name, email address, or account profile is required or collected.
Users aged 18 and older (Full Accounts): May create a full account using their name and email address.

By using Crystal Creek, you confirm that you meet these age requirements. Parents or guardians of users aged 13–17 are encouraged to supervise their use of the App.

Users aged 13–17 should only use Crystal Creek with appropriate awareness of their own circumstances. Parents and guardians are responsible for determining whether Crystal Creek is suitable for their child.

4. Description of the Service

Crystal Creek is a general wellbeing and mindfulness application offering meditation sounds, original field-recorded soundscapes, binaural beats, affirmations, diary and journaling features, breathing exercises, presets, and related wellness tools.

Crystal Creek is intended for personal relaxation, mindfulness, and general wellbeing purposes only.

5. Wellness Disclaimer — Not Medical Advice

Crystal Creek is designed for relaxation and general wellbeing purposes only. It is not a medical device and does not provide medical advice, diagnosis, or treatment.

The content within Crystal Creek is not a substitute for professional medical advice, diagnosis, or treatment from a qualified healthcare provider. Never disregard professional medical advice or delay seeking it because of something you have experienced within the App.

If you have a medical condition, are pregnant, or are taking medication, consult a qualified healthcare provider before using Crystal Creek.

Crystal Creek does not claim that its features diagnose, prevent, cure, or treat any medical or psychological condition. Any benefits described are general wellbeing experiences and not medical outcomes.

6. Mental Health Disclaimer

Crystal Creek is not a substitute for professional mental health care, therapy, counselling, or psychiatric treatment. The App does not provide psychological or psychiatric services and is not intended to diagnose, treat, cure, or prevent any mental health condition.

If you are experiencing mental health difficulties, please seek support from a qualified mental health professional.

No Professional Relationship

Crystal Creek does not create a professional relationship between the user and Crystal Creek, its creators, affiliates, employees, contractors, or contributors. Use of the App does not establish a doctor-patient, therapist-client, counsellor-client, or other professional relationship.

7. Emergency Situations

Crystal Creek is not an emergency service and must not be relied upon in a crisis.

If you are experiencing a medical or mental health emergency, or if you are in danger or crisis, contact your local emergency services immediately or a crisis support line in your region.

Users should contact emergency services or recognised crisis support services available in their country or region. For example, in Australia you can contact:

Emergency Services: 000
Lifeline: 13 11 14
Beyond Blue: 1300 22 4636

Crystal Creek accepts no responsibility or liability for reliance on the App during any emergency situation.

8. Binaural Beats and Audio Warnings

Crystal Creek contains binaural beats and other audio content designed to influence relaxation and mood states.

Individuals with epilepsy, seizure disorders, neurological conditions, heart conditions, or a history of sensitivity to flashing lights, rhythmic stimulation, or auditory stimulation, and those who are pregnant, should consult a qualified healthcare professional before using Crystal Creek.

Binaural beats require the use of headphones to function as intended. If you experience any discomfort, dizziness, disorientation, headache, nausea, or other adverse effects, stop listening immediately and consult a healthcare provider.

You use binaural beats and all audio content within Crystal Creek at your own risk.

9. Safe Listening and Hearing Protection

To protect your hearing, listen at a moderate volume and take regular breaks. Prolonged exposure to audio at high volume can cause permanent hearing damage.

Crystal Creek is not responsible for any hearing damage, injury, or adverse effect resulting from excessive volume levels or improper use of audio content.

10. Situations Where the App Must Not Be Used

For your safety and the safety of others, you must not use Crystal Creek, or listen to its audio content, while:

Operating a vehicle of any kind
Operating heavy machinery or equipment
Flying or operating an aircraft
Cycling, walking near traffic, or in any situation requiring your full attention
Engaging in any activity where reduced awareness could result in harm

Crystal Creek audio content is designed to support relaxation, mindfulness, and general wellbeing, may affect users differently, and may reduce alertness. You are solely responsible for using the App in a safe environment.

11. User Responsibilities

You agree to:

Use Crystal Creek only for lawful, personal, and non-commercial purposes
Use the App in a safe environment and manner
Take responsibility for your own health, safety, and wellbeing while using the App
Maintain the security of your device and any account credentials
Comply with these Terms and all applicable laws

12. User-Generated Content (Stored Locally)

Crystal Creek allows you to create personal content such as journal entries, affirmations, reflections, and custom presets. This content is stored locally on your device and is not transmitted to or stored on Crystal Creek's servers.

You are solely responsible for:

The content you create within the App
Backing up your own content
Maintaining the security of your device and any exported files

Crystal Creek does not access, review, monitor, or store your personal content and accepts no responsibility for any loss of locally stored content, including loss resulting from device failure, app deletion, or device change.

13. Intellectual Property and Copyright

All intellectual property rights in and relating to Crystal Creek, including but not limited to the App, software, source code, user interface, design, graphics, logos, trademarks, trade dress, sound recordings, field recordings, meditation audio, binaural beats, music, text, written content, artwork, photographs, branding, and all other content made available through the App, are owned by or licensed to Crystal Creek and are protected by applicable intellectual property laws and international treaties.

Except where expressly permitted by these Terms or applicable law, no part of the App or its content may be copied, reproduced, distributed, modified, adapted, translated, published, sold, licensed, publicly performed, publicly displayed, transmitted, reverse engineered, or otherwise exploited without prior written permission from Crystal Creek.

13.1 Original Content

The sounds, field recordings, binaural beats, and audio content within Crystal Creek are original content created by Matthew Paul Mallardi and are protected under copyright.

Certain elements of Crystal Creek may include third-party licensed materials used in accordance with applicable licence agreements.

13.2 Intellectual Property Protection

Crystal Creek's original works are protected by applicable copyright laws and international copyright treaties, including the Berne Convention and the WIPO Copyright Treaty, providing worldwide protection. Copyright in original works exists automatically upon creation.

Crystal Creek may register works with relevant copyright, licensing, or rights-management organisations where appropriate.

13.3 Prohibited Use of Content

You are strictly prohibited from:

Extracting, copying, reproducing, redistributing, modifying, or commercially exploiting Crystal Creek content without permission
Reproducing, remixing, sampling, or creating derivative works from Crystal Creek audio content
Distributing, sharing, uploading, or redistributing Crystal Creek audio content on any platform
Using Crystal Creek audio content for any commercial purpose

Unauthorised reproduction, distribution, or use of Crystal Creek audio content without a written licensing agreement from Matthew Paul Mallardi constitutes copyright infringement. Crystal Creek reserves all rights and remedies available under applicable intellectual property laws and may pursue appropriate legal or equitable relief in the event of unauthorised use.

13.4 AI and Machine Learning Prohibition

Crystal Creek content may not be used, directly or indirectly, to train, develop, fine-tune, evaluate, benchmark, or improve any artificial intelligence, machine learning model, neural network, large language model, generative AI system, dataset, or similar technology without the prior written consent of Crystal Creek. This includes using Crystal Creek recordings, mixes, or audio design to generate, replicate, synthesise, or reproduce similar audio through any AI or generative tool.

Crystal Creek content may not be used for voice cloning, sound replication, dataset creation, audio synthesis, style imitation, biometric analysis, or training any artificial intelligence system without prior written permission.

Any such use constitutes copyright infringement and unauthorised use of proprietary content. Crystal Creek reserves all rights and remedies available under applicable intellectual property laws and may pursue appropriate legal or equitable relief in the event of unauthorised use.

13.5 Licensed Use and Commercial Inquiries

Crystal Creek audio content is available for licensed use. If you wish to use, redistribute, sample, or incorporate Crystal Creek audio into commercial projects, content creation, films, wellness or yoga programs, or any other use beyond personal enjoyment within the App, you must obtain written permission and a licensing agreement from Crystal Creek.

To inquire about licensing opportunities, contact: crystalcreekapp@gmail.com

Unauthorised commercial use or redistribution of Crystal Creek audio without a valid written licensing agreement constitutes copyright infringement. Crystal Creek reserves all rights and remedies available under applicable intellectual property laws and may pursue appropriate legal or equitable relief in the event of unauthorised use.

13.6 User Sharing of Personal Content

You may screenshot, save, and share your own personal affirmations, journal entries, and content you create within Crystal Creek for non-commercial personal sharing on social media or other platforms.

However, you may not regenerate, republish, commercialise, or profit from Crystal Creek's original affirmation templates, wording, or design without permission. If you wish to use Crystal Creek affirmations commercially or for profit, contact crystalcreekapp@gmail.com to discuss a licensing agreement.

Unauthorised commercial use of Crystal Creek affirmation content may result in legal action from Crystal Creek.

14. Trademarks

The Crystal Creek name, logos, branding, and associated marks are trademarks or trade names owned by or licensed to Crystal Creek. Nothing in these Terms grants you any right to use Crystal Creek trademarks, branding, or logos without prior written permission.

15. Licence to Use the App

Subject to your compliance with these Terms, Crystal Creek grants you a limited, non-exclusive, non-transferable, revocable licence to access and use the App for your own personal, non-commercial use.

This licence does not permit you to:

Copy, modify, or create derivative works of the App
Reverse engineer, decompile, or disassemble the App
Rent, lease, lend, sell, or sublicense the App
Remove any copyright or proprietary notices

16. Prohibited Conduct

You agree not to:

Use the App for any unlawful purpose or in violation of these Terms
Attempt to gain unauthorised access to the App, its systems, or its content
Reverse engineer, decompile, or attempt to discover the source code of the App
Bypass technical protection measures, extract embedded assets, decompile application resources, or access underlying audio files except where expressly permitted by law
Interfere with or disrupt the App or its servers
Use the App to harass, harm, or infringe upon the rights of others
Circumvent, disable, or interfere with security features of the App

17. App Updates and Availability

Crystal Creek reserves the right to modify, update, suspend, or discontinue the App or any of its features at any time, with or without notice.

We do not guarantee that the App will always be available, uninterrupted, or error-free. We are not liable for any unavailability, interruption, or loss resulting from technical issues, maintenance, or updates.

18. Payment and Subscriptions

If you purchase a paid subscription or in-app purchase through Crystal Creek:

Billing is processed through Apple's App Store
You agree to Apple's applicable billing terms and conditions
Subscription auto-renewal can be managed or disabled in your App Store account settings at any time
Refunds are handled according to Apple's refund policy
Prices and subscription terms may change, with notice provided where required
Previous purchases can be restored at any time through Restore Purchases in Settings

Apple App Store Terms

If you downloaded Crystal Creek through Apple's App Store, you acknowledge that these Terms are between you and Crystal Creek only, and not with Apple Inc. Apple has no obligation to provide maintenance, support, warranty services, or other services regarding Crystal Creek.

Any subscription purchased through the Apple App Store is subject to Apple's payment processing terms, and Crystal Creek does not process or store Apple payment information.

19. Account Termination

We may suspend or terminate your account and access to Crystal Creek at any time, with or without notice, for any reason, including violation of these Terms.

You may stop using the App and delete your account at any time. Upon termination, your right to use the App immediately ceases.

20. Assumption of Risk

By using Crystal Creek, you acknowledge that meditation, breathing exercises, mindfulness practices, relaxation techniques, binaural beats, and other audio experiences may affect individuals differently.

You voluntarily assume all risks associated with your use of the App and accept sole responsibility for determining whether the App and its features are suitable for your individual circumstances.

21. No Guarantee of Outcomes

Crystal Creek does not guarantee that use of the App will produce any particular physical, psychological, emotional, therapeutic, or wellbeing outcome. Individual experiences may vary.

You acknowledge that wellbeing practices, meditation, breathing exercises, mindfulness techniques, and audio experiences may produce different results for different individuals. Crystal Creek makes no guarantees regarding improvements to mood, stress levels, sleep, focus, emotional state, performance, or wellbeing outcomes.

22. Acknowledgement

You acknowledge that you have carefully read these Terms, understand them, and agree that they are reasonable and necessary to allocate the risks associated with your use of Crystal Creek.

23. Limitation of Liability

Crystal Creek is provided "as is" and "as available" without warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.

To the fullest extent permitted by law, Crystal Creek, Matthew Paul Mallardi, and any associated parties shall not be liable for any direct, indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data, personal injury, emotional distress, or other intangible losses, arising from or related to:

Your use of, or inability to use, the App
Any audio content, including binaural beats and soundscapes
Any reliance on the App for medical, mental health, or emergency purposes
Any loss of locally stored content
Any unauthorised access to or use of the App

You acknowledge that you use Crystal Creek entirely at your own risk.

To the maximum extent permitted by applicable law, your sole and exclusive remedy for dissatisfaction with the App is to discontinue using it.

Nothing in these Terms excludes, restricts, or modifies any rights, warranties, guarantees, or remedies that cannot lawfully be excluded or limited under applicable law.

24. Indemnity

You agree to indemnify, defend, and hold harmless Crystal Creek, Matthew Paul Mallardi, and any associated parties from and against any and all claims, losses, liabilities, damages, costs, and expenses (including reasonable legal fees) arising from or related to:

Your use or misuse of the App
Your violation of these Terms
Your violation of any rights of any third party
Your unauthorised use, reproduction, or distribution of Crystal Creek content

25. Feedback

If you voluntarily provide suggestions, ideas, recommendations, bug reports, feature requests, or other feedback relating to Crystal Creek, you grant Crystal Creek a perpetual, irrevocable, worldwide, royalty-free licence to use, modify, incorporate, publish, and otherwise exploit such feedback without restriction or compensation to you.

26. Force Majeure

Crystal Creek shall not be liable for any delay, interruption, or failure to perform resulting from events beyond its reasonable control, including natural disasters, acts of government, war, terrorism, civil unrest, internet or telecommunications failures, cyber incidents, labour disputes, power outages, pandemics, epidemics, or failures of third-party service providers.

27. Governing Law

These Terms shall be governed by and interpreted in accordance with the laws applicable to Crystal Creek's principal place of business, without limiting any mandatory consumer protection rights that may apply in your jurisdiction.

Nothing in these Terms prevents consumers from relying on mandatory rights or protections available under the laws of their country or region of residence.

28. Assignment

Crystal Creek may assign or transfer its rights and obligations under these Terms without restriction in connection with a merger, acquisition, sale of assets, corporate restructuring, or operation of law.

You may not assign or transfer your rights or obligations under these Terms without Crystal Creek's prior written consent.

29. No Waiver

Any failure or delay by Crystal Creek to enforce any provision of these Terms shall not constitute a waiver of that provision or any other right available to Crystal Creek.

30. Entire Agreement

These Terms, together with the Privacy Policy and any additional policies expressly incorporated by reference, constitute the entire agreement between you and Crystal Creek regarding your use of the App and supersede all prior agreements, understandings, and communications relating to the subject matter.

31. Changes to the Terms

We may update these Terms from time to time. Where changes are material, we will provide notice through the App or by other appropriate means. Your continued use of Crystal Creek following the posting of revised Terms constitutes your acceptance of the changes.

32. Severability

If any provision of these Terms is determined to be invalid, illegal, or unenforceable, that provision shall be enforced to the maximum extent permitted by law, and the remaining provisions shall remain in full force and effect.

33. Contact Information

For questions about these Terms and Conditions, or to inquire about licensing, please contact: