About the Application

Welcome to TheraMelo (the Application). The Application is a digital music-therapy platform that offers Registered Music Therapist (RMT) designed musical content, interactive sessions, videos, and podcasts developed by therapist influencers. It can also be used as a CRM system by RMTs. Our mission is to harness evidence-based music therapy to support mental health, neurodiversity, health recovery, and wellbeing across ages and needs.

The platform features a library of targeted tracks (e.g., ADHD, autism, anxiety), gamified interventions, appointment booking, videos & podcasts, and more. Visit us at theramelo.com.

The Application is operated by Babble Beans Pty Ltd (ACN 674 905 616). Access to and use of the Application, or any associated Products or Services, is provided by Babble Beans Pty Ltd (Babble Beans, we, us, our).

Please read these terms and conditions (Terms) carefully. By using, browsing and/or reading the Application, this signifies that you have read, understood, and agree to be bound by these Terms. If you do not agree with the Terms, you must cease usage of the Application and Services immediately.

Babble Beans reserves the right to review and change any of these Terms by updating this page at its sole discretion. Updates take immediate effect upon publication. It is your responsibility to review the Terms regularly.

ACCEPTANCE OF TERMS

You accept these Terms by:

• Remaining on or using the Application; or
• Clicking to accept or agree to the Terms where this option appears in the Application interface.

Users and Roles

TheraMelo provides distinct user roles:

• Consumers: Users accessing therapeutic music, videos, podcasts, or sessions for personal wellbeing.
• Musicians: RMTs or content creators contributing music, audio, or related materials to the platform.

Each role carries specific obligations outlined below.

Subscription and Account Registration

To access certain features of the Services, you may be required to:

• Purchase a subscription through the Application (Subscription), and
• Pay the applicable subscription fee (Subscription Fee).

In purchasing a Subscription, you acknowledge that you are responsible for ensuring that the plan selected suits your needs.

You may also need to register for an account (Account), providing accurate and up-to-date information such as:

• Email address, preferred username, mailing address, telephone number, and password; and
• If applicable, health or therapy-related information relevant to service use.

Once registration is complete, you become a Member and agree to be bound by these Terms until the Subscription expires or is terminated.

You may not use the Services if:

• You are under legal age to form a binding contract; or
• You are prohibited by applicable law from using the Services.

User Obligations

As a Member, you agree to:

• Use the Services only for lawful purposes and in compliance with these Terms;
• Maintain the confidentiality of your password and account credentials;
• Notify Babble Beans immediately of any unauthorized use of your Account;
• Use the Application for personal or authorized professional purposes only;
• Not scrape, data-mine, or automate content collection from the platform.

Consumers must not redistribute, commercialize, or publicly perform platform content.

Musicians must ensure they own or control all rights to any content they upload and indemnify TheraMelo against any intellectual property claims.

Payments and Revenue

All payments made via the Application are processed using approved payment gateways or redeem codes. You warrant that you have read and agreed to the payment processor’s terms.

Consumers must maintain accurate and valid payment details and are responsible for all applicable taxes and charges.

Musicians may receive revenue shares from TheraMelo in accordance with the platform’s payment terms and revenue-sharing models, which may be amended from time to time. Revenue sharing is based on verified activity, engagement, or other criteria defined by TheraMelo.

Babble Beans may vary the Subscription Fee or payout structures at any time, effective from the next billing or distribution cycle.

Refunds and Cancellations

Babble Beans provides refunds only where legally required, including under the Australian Consumer Law, or at its discretion if reasonable under the circumstances.

Consumers must cancel before renewal to avoid additional charges.

Musicians acknowledge that no compensation or refund applies for content removal or platform changes.

TheraMelo does not refund or compensate for lost visibility, data, or exposure.

Copyright and Intellectual Property

The Application, its software, trademarks, and all related services are the property of Babble Beans Pty Ltd.

All rights are reserved except as expressly granted.

For Consumers

You receive a limited, non-transferable, personal, revocable license to use TheraMelo content for private, non-commercial use only. You may not copy, share, or redistribute any part of the platform’s content or software.

For Musicians

You retain ownership of any intellectual property in your original compositions but grant TheraMelo an irrevocable, perpetual, worldwide, royalty-free license to:

• Use, reproduce, distribute, modify, translate, and create derivative works;
• Commercialize and sub-license your content in any form or media;
• Use content for AI/ML model training and data analytics;
• Combine, adapt, and incorporate content into TheraMelo’s services, advertisements, or research.

By uploading content to TheraMelo, Musicians consent to TheraMelo and its licensees:

(a) Attribution:

• Using, reproducing, and distributing the content without attribution or credit to the Musician
• Attributing the content to TheraMelo or other parties where commercially appropriate
• Using the Musician's name, image, and professional credentials in connection with the content for marketing and promotional purposes

(b) Integrity:

• Modifying, editing, adapting, translating, or creating derivative works from the content
• Combining the content with other works, music, or materials
• Using the content in different contexts, formats, or media
• Compressing, reformatting, or technically altering the content for platform optimization
• Incorporating the content into AI/ML training datasets and algorithmic systems

(c) False Attribution:

Presenting modified or derivative versions of the content without indicating the Musician's involvement in such modifications

This consent:

• Is given freely and voluntarily
• Applies worldwide and in all media (existing and future)
• Remains in effect for the duration of copyright protection in the content
• Survives termination of the Musician's account or subscription
• Is irrevocable except where revocation is permitted by law

Musicians acknowledge that modifications made for technical, commercial, or therapeutic purposes (including AI training, format conversion, and platform integration) do not constitute derogatory treatment under s195AI of the Copyright Act 1968.

Platform Content and Access

TheraMelo owns all software, branding, and service IP with respect to the Application. Access is provided on an “as is” basis and can be revoked at any time without notice.

TheraMelo may:

• Restrict access or features by region, device, or subscription level;
• Remove or modify content without liability;
• Suspend or terminate access for breach of these Terms.

Users must not attempt to reverse engineer, replicate, or create competing products using TheraMelo content or data.

Content Monitoring and Moderation

TheraMelo reserves the right, but not the obligation, to monitor all user-generated content. Content may be removed, modified, or disabled without notice.

Users agree that:

• TheraMelo is not required to justify moderation decisions;
• There is no right to appeal or restoration of removed content;
• TheraMelo bears no liability for user-generated material.

Children’s Privacy and Parental Consent

TheraMelo is available to users of all ages. However, if you are under 18 years of age, you must have your parent or legal guardian's permission to use the Application and provide any personal information.

By registering an Account for a child under 18, the parent or guardian:

• Confirms they have authority to consent on behalf of the child
• Consents to the collection and use of the child's personal and health information as described in these Terms and the Privacy Policy
• Agrees to supervise the child's use of the Application

AI/ML Training and Data Use

TheraMelo may use all uploaded content, user interactions, and performance data for:

• Training artificial intelligence and machine learning systems;
• Research, analytics, personalization, and commercialization purposes;
• Developing and improving TheraMelo services and technologies.

No compensation is provided for such uses. By using the platform, all users grant a perpetual, global, transferable, irrevocable and royalty-free license to these purposes.

Data Collection and Commercialization

TheraMelo may collect, analyze, and commercialize aggregated or anonymized user data. This includes combining platform analytics with third-party data sources for service improvement and marketing.

TheraMelo may:

• Create user profiles and usage statistics;
• Sell or license anonymized data sets;
• Collect device and performance metrics.

You agree that you receive no ownership or compensation rights for such data.

For details on personal information handling, refer to the TheraMelo Privacy Policy (Privacy Policy).

Cookies and Tracking Technologies

TheraMelo uses cookies, pixels, and similar tracking technologies to:

• Remember your preferences and login status
• Analyse usage patterns and improve services
• Deliver personalised content and recommendations
• Measure advertising effectiveness

You can manage cookie preferences through your browser settings or our cookie consent tool. Disabling cookies may affect Application functionality.

Data De-identification and Retention

When using your data for AI training, TheraMelo will:

• Remove direct identifiers (name, email, address) where possible
• Apply industry-standard de-identification techniques
• Conduct regular privacy impact assessments
• Ensure AI training data cannot reasonably be re-identified

TheraMelo retains your personal information for as long as:

• Your Account remains active
• Necessary to provide services to you
• Required by law or for legitimate business purposes
• For specific types of data, as provided below

Specific retention periods apply to specific types of data, as follows:

• Account information: Retained until 12 months after account closure
• Health and therapy data: Retained until 7 years after last interaction (in accordance with health records legislation)
• Payment records: Retained for 7 years (in accordance with taxation law)
• De-identified research data: May be retained indefinitely

You may request deletion of your personal information at any time by contacting info@theramelo.com. We will comply within 30 days unless:

• Retention is required by law
• The information is necessary for legal claims or dispute resolution
• The data has been de-identified and cannot be linked back to you

Upon deletion, your data will be permanently removed from active systems. However:

• Backup copies may persist for up to 90 days
• De-identified data used in research or AI training may not be retrievable
• Information disclosed to third parties prior to deletion may remain with those parties

Data Breach

We are committed to protecting your personal information and has implemented security measures to prevent unauthorised access, disclosure, or loss.

In the event of a data breach that is likely to result in serious harm to you, TheraMelo will:

• Notify you as soon as practicable (and within 72 hours of becoming aware)
• Notify the Office of the Australian Information Commissioner (OAIC)
• Provide details of the breach, the information affected, and recommended steps you should take

Notification will be sent to the email address associated with your Account. It is your responsibility to keep your contact details current.

We will conduct a prompt assessment of any suspected breach and take immediate steps to contain and remediate the incident.

Third Party Services

The Application may integrate with or link to third-party services (e.g., payment processors, social media platforms, analytics providers).

TheraMelo is not responsible for the privacy practices of third parties. We encourage you to review their privacy policies before providing information.

Health Disclaimer

You acknowledge that TheraMelo is a wellness platform and is not intended to diagnose, treat, cure, or prevent any medical condition. The content is not a substitute for professional medical advice, diagnosis, or treatment. Always seek advice from qualified health professionals regarding any medical condition or treatment.

If you are experiencing a mental health crisis, contact Lifeline (13 11 14) or emergency services (000) immediately.

Liability and Indemnification

TheraMelo is not liable for:

• Loss of data, profits, exposure, or reputation;
• Harm resulting from use of music or content;
• Technical failures, interruptions, or delays;
• Misuse or marketing claims made by Musicians;
• Any consequential, indirect, or incidental damages.

Consumers and Musicians must maintain appropriate insurance to cover their own risks and indemnify TheraMelo against claims arising from their actions, content, or business dealings.

Musicians specifically indemnify TheraMelo for any copyright disputes, infringement claims, or disputes with collaborators.

Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy under the Australian Consumer Law or other applicable law that cannot be lawfully excluded.

To the extent permitted by law, our liability for breach of a non-excludable consumer guarantee is limited to, at our option:

• Re-supply of the services; or
• Payment of the cost of having the services re-supplied.

Force Majeure

A "Force Majeure Event" means any event or circumstance beyond a party's reasonable control that prevents or delays performance of obligations under these Terms, including:

(a) Natural Events:

• Acts of God, earthquakes, floods, fires, storms, or severe weather
• Pandemics, epidemics, or public health emergencies
• Natural disasters or environmental catastrophes

(b) Government Actions:

• Laws, regulations, orders, or directives by government authorities
• States of emergency, lockdowns, or movement restrictions
• Expropriation, nationalization, or requisition of facilities
• Denial or cancellation of licenses or permits

(c) Infrastructure and Technology:

• Failure of internet, telecommunications, or cloud infrastructure
• Cyber attacks, hacking, or distributed denial of service (DDoS) attacks
• Power outages or energy supply failures
• Failure of third-party hosting, payment, or essential service providers

(d) Industrial and Social:

• Strikes, lockouts, or industrial disputes (not involving the party's own employees)
• Civil unrest, riots, terrorism, or acts of war
• Sabotage or malicious damage by third parties

(e) Other Events:

Any other event that could not have been prevented by reasonable precautions and cannot be overcome by reasonable efforts

Force Majeure Events do NOT include:

• Economic hardship, financial difficulty, or increased costs
• Failure to obtain financing or investment
• Strikes or disputes involving the party's own employees
• Failure of the party's own equipment or systems due to lack of maintenance
• Breach of contract by the party's suppliers (unless caused by a Force Majeure Event)
• Events that were foreseeable and preventable

If a Force Majeure Event prevents or delays performance:

(a) Suspension of Obligations:

• The affected party is excused from performing affected obligations for the duration of the Force Majeure Event
• Time for performance is extended by the period of delay
• No liability arises for non-performance or delay caused by the Force Majeure Event

(b) TheraMelo Service Interruptions:

• TheraMelo may suspend, limit, or modify the Application or Services
• No refunds, credits, or compensation are provided for Force Majeure-related interruptions
• Subscription periods are not extended for Force Majeure delays

(c) User Obligations:

• Users remain responsible for payment obligations unless the Force Majeure Event makes payment impossible
• Confidentiality, IP, and other non-performance obligations continue in full effect

If a Force Majeure Event continues for more than 60 consecutive days:

(a) Either party may terminate:

• By giving 14 days' written notice to the other party
• Without liability for termination (except for obligations accrued before the Force Majeure Event)

(b) Upon termination:

• Users receive a pro-rata refund for unused subscription periods (at TheraMelo's discretion)
• All licenses and access rights terminate immediately
• Survival provisions continue in effect

Neither party is liable to the other for any loss, damage, delay, or failure to perform caused by a Force Majeure Event, including:

• Loss of revenue, profits, or business opportunities
• Loss of data or content
• Reputational damage or loss of goodwill
• Consequential, indirect, or special damages

Third Party Service Failures

TheraMelo is not responsible for Force Majeure Events affecting third-party service providers, including:

• Payment processors and financial institutions
• Cloud hosting and infrastructure providers
• Content delivery networks (CDNs)
• AI/ML service providers
• Telecommunications carriers

Users acknowledge that such failures may affect the Application's availability or functionality.

Termination of Contract

You may terminate your subscription or account by:

• Not renewing at the end of your subscription period; or
• Providing written notice to Babble Beans Pty Ltd via the “Contact Us” form.

Babble Beans may terminate your access without notice if:

• You breach these Terms;
• You fail to pay required fees;
• Continuation of service becomes commercially unviable; or
• Required by law.

Termination does not affect any rights or licenses granted prior to termination.

Competitor Restrictions

If you operate or represent a competing service, you are prohibited from using or accessing the Application, its data, or content.

TheraMelo reserves the right to enforce exclusivity, block competing use, and pursue legal action for breach.

Dispute Resolution

If a dispute arises, the parties must first attempt to resolve it through good-faith negotiation and, if unresolved, mediation administered by the Australian Mediation Association in Sydney, NSW.

Each party bears its own costs unless otherwise agreed.

Venue and Jurisdiction

The Services are intended for users in Australia.

You agree that any dispute shall be submitted exclusively to the courts of New South Wales, Australia.

Entire Agreement

These Terms, together with the documents expressly incorporated by reference, constitute the entire agreement between you and TheraMelo regarding your use of the Application and Services, and supersede all prior or contemporaneous:

• Negotiations, discussions, or representations
• Agreements, understandings, or arrangements (whether written or oral)
• Marketing materials, promotional content, or sales communications

No oral explanation or interpretation of these Terms by any party or representative shall modify or supplement these Terms.

You acknowledge that:

• You have not relied on any statement, representation, warranty, or understanding not expressly set out in these Terms
• You have no remedy for any misrepresentation not contained in these Terms
• This clause does not exclude liability for fraudulent misrepresentation

Survival of Terms

This clause does not affect:

• Obligations arising under previous versions of these Terms
• Rights or liabilities that accrued before the current Terms took effect
• The validity of actions taken under previous Terms

Assignment and Transfer

You may not assign, transfer, sublicense, or delegate any of your rights or obligations under these Terms without TheraMelo's prior written consent, including:

• Your subscription or account
• Any licenses granted to you
• Your payment obligations
• Your confidentiality or other obligations

Any attempted assignment, transfer, or delegation in violation of this clause is void and of no effect.

TheraMelo may assign, transfer, or delegate any of its rights or obligations under these Terms without your consent in the following circumstances:

(a) Corporate Transactions:

• To an affiliate, subsidiary, or parent company
• In connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of TheraMelo's assets
• To a successor entity resulting from any such transaction

(b) Operational Transfers:

• To a service provider or contractor performing services on TheraMelo's behalf
• To a financing party or investor as security for obligations

TheraMelo will provide reasonable notice of any assignment that materially affects your rights under these Terms, except where:

• Notice is prohibited by law or confidentiality obligations
• The assignment is to an affiliate or subsidiary
• Immediate assignment is necessary for business continuity

Upon valid assignment by TheraMelo:

• The assignee assumes all of TheraMelo's rights and obligations
• You agree to cooperate with the assignee as you would with TheraMelo
• All references to "TheraMelo" or "Babble Beans" include the assignee
• Your rights and obligations remain unchanged

These Terms bind and benefit the parties and their respective permitted successors and assigns.

Governing Law

These Terms are governed by and construed under the laws of New South Wales, Australia.

Severance

If any part of these Terms is found invalid or unenforceable, the remaining provisions will remain in full force and effect.

Contact

For questions or notices regarding these Terms, contact:

Babble Beans Pty Ltd

Address: 11 York Street, Sydney, NSW 2000

Email: info@theramelo.com

Website: www.theramelo.com