TERMS OF SERVICE

1. INTRODUCTION

1.1. Welcome to Hypnothera ("the App"), a product of El Sueno LLC ("the Company", "we", "us", "our"). El Sueno LLC is incorporated under the laws of Arizona, United States.

1.2. By using our App or accessing our website, you agree to comply with and be bound by these Terms of Service ("Terms"). Please read these Terms carefully before using the App.

1.3. If you do not agree to these Terms, please do not use our App or services.

2. OUR SERVICES

2.1. Hypnothera provides AI-generated hypnotherapy and guided meditation content, including: a) Free audio sessions available via YouTube b) Custom script creation for both hypnotherapy and guided meditation c) AI-generated audio using various AI voices d) Mobile applications for iOS devices

2.2. Our services are designed to fit specific use cases and needs of the user through personalized hypnotherapy and meditation experiences.

2.3. NATURE OF THE SERVICE - GENERAL WELLNESS PRODUCT:

Hypnothera is a general wellness and self-improvement product designed exclusively for: a) Stress management and relaxation b) Personal development and self-improvement goals c) Enhanced focus and productivity d) Building confidence and positive habits e) General mental well-being and daily life enhancement

This App is NOT a medical device and is NOT intended for the diagnosis, treatment, mitigation, or cure of any disease or medical condition.

2.4. AI CONTENT GENERATION - NOT CARE DELIVERY:

The artificial intelligence (AI) and Large Language Model (LLM) used in Hypnothera function exclusively as a custom content generation engine:

a) Limited Role: The AI generates personalized hypnotherapy scripts based on user-provided, non-clinical self-improvement goals. It does not diagnose, assess, monitor, or provide treatment for any medical or psychological condition.

b) No Clinical Assessment: The App does not ask questions to diagnose or assess the severity of any condition. It does not engage in care delivery functions or clinical decision-making.

c) User-Directed Input: Users provide general wellness goals (such as "improve sleep quality," "reduce daily stress," or "build confidence") in their own words. The AI uses this input solely to generate a guided audio script.

d) Wellness Categories Only: All available categories are limited to general wellness topics including: Relaxation & Stress Relief, Confidence & Self-Esteem, Focus & Productivity, Breaking Bad Habits, Sleep Improvement, and similar non-clinical areas.

e) No Medical Terminology: The AI avoids medical diagnostic terminology and does not make claims about treating diagnosed medical or psychiatric conditions.

f) Static Safety Information: All medical warnings and safety information are pre-determined and static, not dynamically generated by the AI.

2.5. FDA COMPLIANCE NOTICE:

The FDA has stated that tape recordings claiming to be effective as hypnotherapy for the "mitigation, treatment or cure of a specific disease or medical condition" may be regarded as medical devices. Hypnothera explicitly does NOT make such claims.

a) Our App and all content are marketed and intended exclusively for general wellness, self-improvement, and personal development purposes.

b) We do not claim efficacy in treating, mitigating, or curing any FDA-recognized disease or medical condition.

c) References to common life experiences (such as "fear of public speaking," "daily stress," or "difficulty sleeping") are presented as personal growth goals, not as diagnosed medical or psychiatric conditions requiring treatment.

d) Users seeking treatment for diagnosed medical conditions (such as Clinical Depression, Generalized Anxiety Disorder, Specific Phobias, Insomnia, or any other clinical diagnosis) should consult with licensed healthcare professionals.

2.6. IMPORTANT MEDICAL AND SAFETY DISCLAIMER:

The content provided by Hypnothera, including all AI-generated hypnotherapy sessions, scripts, and audio, is for entertainment, educational, and general wellness purposes only. We explicitly state that:

a) We do not provide medical services, therapy, or professional healthcare of any kind.

b) The App is not intended to be a substitute for professional medical advice, diagnosis, or treatment.

c) Always seek the advice of your physician, mental health professional, or other qualified health provider with any questions you may have regarding a medical condition or mental health issue.

d) Never disregard professional medical advice or delay in seeking it because of something you have heard or read in our App.

e) You acknowledge and agree that entering a state of hypnosis or deep relaxation carries inherent risks, including but not limited to:

• Temporary disorientation
• Unexpected emotional responses
• Emergence of suppressed memories
• Physical responses such as drowsiness

f) You are solely responsible for:

• Ensuring you are in a safe environment before using our hypnosis audio
• Not operating vehicles or machinery while listening to our content
• Immediately discontinuing use if you experience any adverse effects
• Consulting healthcare professionals about the appropriateness of hypnosis for your specific condition

3. MOBILE APPLICATION TERMS

3.1. The Hypnothera mobile application ("Mobile App") is licensed, not sold, to you by El Sueno LLC for use strictly in accordance with these Terms.

3.2. For iOS users: a) You acknowledge that these Terms are between you and El Sueno LLC only, not with Apple Inc. ("Apple"). b) Your use of the Mobile App must comply with the App Store Terms of Service. c) El Sueno LLC, not Apple, is solely responsible for the Mobile App and its content. d) Apple has no obligation to provide any maintenance or support services for the Mobile App. e) In the event of any failure of the Mobile App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the Mobile App to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Mobile App. f) Apple is not responsible for addressing any claims by you or any third party relating to the Mobile App or your possession and/or use of the Mobile App, including but not limited to: (i) product liability claims; (ii) any claim that the Mobile App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

3.3. Mobile App Updates: a) We may automatically update the Mobile App when a new version or feature is available. b) We may require you to update the Mobile App for continued use, including for security updates and bug fixes.

4. PRICING, SUBSCRIPTION TIERS, AND CREDIT SYSTEM

4.1. Our services are offered through multiple tiers: a) Free Tier: Provides limited access to features including a set number of script generations and credits b) Paid Subscription Tiers: Provide expanded access to features and credits on a monthly or annual basis c) Credit Purchases: Individual credit packages that can be purchased separately

4.2. Our services operate on a credit-based system. Credits are used to generate audio content and are provided through subscription tiers or can be purchased individually.

4.3. Credit prices, subscription prices, and usage rates will be clearly displayed in the App and may be subject to change. Any changes will be communicated to users in advance.

4.4. Credits are non-refundable and non-transferable.

4.5. Subscription Credit Allocation: a) New Subscriptions: When you subscribe to a paid plan, you receive credits upfront. Monthly subscriptions receive one month's allocation immediately. Annual subscriptions receive twelve months' worth of credits upfront. b) Subscription Upgrades: When upgrading to a higher-tier subscription, you receive the difference in credits between your current and new tier. For example, upgrading from Basic Annual (1,200 credits total) to Premium Annual (1,800 credits total) adds 600 credits to your account immediately. c) Subscription Downgrades: When downgrading to a lower-tier subscription, the credit difference is deducted from your account balance immediately. For example, downgrading from Premium Annual (1,800 credits) to Basic Annual (1,200 credits) deducts 600 credits from your current balance. You retain access to your current tier's features until the end of your billing period. d) Subscription Pauses: If you pause your subscription, you maintain your tier status and keep all existing credits, but monthly credit refreshes are paused. Billing is also paused during this period. When you resume your subscription, credit refreshes and billing resume. e) Credit Expiration: Credits included with monthly or annual subscriptions expire at the end of your billing period and do not carry over. Separately purchased credit packages never expire, even after subscription cancellation. f) Credit Usage Priority: When creating content, subscription credits are used first, followed by separately purchased credit packages.

4.6. Payment Prorations: Subscription price changes (upgrades or downgrades) are prorated automatically by our payment processor (Stripe) based on your remaining billing period. You will only be charged the difference when upgrading, or receive a credit for future billing when downgrading.

4.7. No Free Trials: Paid subscription tiers do not include free trial periods. Users can experience our services through the Free tier before deciding to upgrade to a paid subscription.

5. USER ELIGIBILITY AND OBLIGATIONS

5.1. You must be at least 18 years old to use our App.

5.2. You agree not to use the App to generate content that: a) Is erotic, violent, or related to criminal activities b) Violates the content policies of our underlying AI models c) Could be harmful to yourself or others d) Fails to comply with applicable laws, including but not limited to: - Compromising the privacy of others - Engaging in regulated activities without complying with applicable regulations - Promoting or engaging in any illegal activity, including the exploitation or harm of children - Developing or distributing illegal substances, goods, or services e) Harms yourself or others, including but not limited to: - Promoting suicide or self-harm - Developing or using weapons - Injuring others or destroying property - Engaging in unauthorized activities that violate the security of any service or system f) Repurposes or distributes output from our services to harm others, including but not limited to: - Defrauding, scamming, spamming, or misleading others - Bullying, harassing, or defaming others - Discriminating based on protected attributes - Sexualizing children - Promoting violence, hatred, or the suffering of others

5.3. MEDICAL CONDITIONS AND PROFESSIONAL CARE:

a) If you have been diagnosed with any medical or psychiatric condition (including but not limited to Clinical Depression, Generalized Anxiety Disorder, Post-Traumatic Stress Disorder, Specific Phobias, Panic Disorder, Obsessive-Compulsive Disorder, or any sleep disorder), you must consult with a licensed healthcare professional before using this App.

b) Our App is designed for general wellness only and is not a substitute for professional mental health services or medical treatment.

c) If you are currently under the care of a healthcare provider for any condition, consult with them before using hypnotherapy content.

d) The App should be used as a complement to, not a replacement for, professional healthcare when dealing with any diagnosed condition.

5.4. You acknowledge that the voices used in our App are AI-generated and do not represent real individuals.

6. DISCLAIMER AND LIABILITY

6.1. THE APP AND ITS CONTENT ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES, EXPRESSED OR IMPLIED.

6.2. We do not warrant that the App will be uninterrupted, timely, secure, or error-free.

6.3. You understand and agree that any content or information obtained through the use of our App is done at your own risk. We are not responsible for: a) Any damage to your computer system or mobile device b) Loss of data that results from the use of our App c) Any physical, emotional, or psychological effects that may occur during or after using our hypnosis content d) Any accidents or incidents that occur while you are in a state of hypnosis or relaxation e) Any pre-existing medical or psychological conditions that may be affected by the use of our App

6.4. You explicitly acknowledge that: a) Hypnosis and meditation can induce altered states of consciousness b) You are responsible for ensuring you are in a safe environment before using our content c) You will not listen to our content while driving, operating machinery, or engaging in any activity that requires full attention d) You will immediately stop using our content if you experience any adverse effects

6.5. IN NO EVENT SHALL EL SUENO LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO: a) Your use of the App or these Terms b) Any effects, intended or unintended, from using our hypnosis or meditation content c) Any actions taken or not taken while under the influence of our content d) Any medical or psychological conditions that may be affected by the use of our App

7. INTELLECTUAL PROPERTY

7.1. The App, including all content, features, and functionality, is owned by El Sueno LLC and is protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

7.2. Users retain ownership of any personal content they input into the App. However, by using our services, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, and distribute your content for the purpose of providing and improving our services.

8. DATA PROTECTION AND PRIVACY

8.1. We collect and process personal data as described in our Privacy Policy.

8.2. By using our App, you consent to the collection and use of your information as described in our Privacy Policy.

9. CANCELLATION AND REFUND POLICY

9.1. You may cancel your paid subscription at any time through your account settings or by contacting our customer support.

9.2. Upon cancellation of a paid subscription: a) Your subscription is marked as "canceled" immediately b) You will retain access to paid features until the end of your current billing period c) Your tier will automatically downgrade to "Free" at the end of the billing period d) No future billing will occur

9.3. Credit Handling on Cancellation: a) Subscription credits expire at the end of your billing period and are non-refundable b) Separately purchased credit packages remain in your account and never expire, even after subscription cancellation c) You can use any remaining credits (subscription or purchased) until they are depleted or expire

9.4. Failed Payments and Subscription Status: a) If a subscription payment fails, your subscription may be marked as "past_due" or "unpaid" b) During these statuses, your tier will be downgraded to "Free" and credit refreshes will be paused c) Once payment is successful, your subscription will be reinstated with the appropriate tier and credits d) After multiple failed payment attempts, Stripe may automatically cancel your subscription

9.5. Subscription Pauses: a) You may pause your subscription for a specified period b) During a pause, you maintain your tier designation but do not receive credit refreshes c) Billing is paused during the pause period d) When you resume, billing and credit refreshes continue as normal

9.6. Free tier accounts cannot be "cancelled" but can be deleted upon request.

9.7. We reserve the right to terminate or suspend your account at any time if you violate these Terms.

10. IN-APP PURCHASES AND SUBSCRIPTIONS

10.1. The Mobile App may offer in-app purchases and subscription options. All purchases and subscriptions are subject to the following terms: a) Payment will be charged to your Apple ID account at confirmation of purchase. b) Subscriptions automatically renew unless auto-renew is turned off at least 24 hours before the end of the current period. c) Your account will be charged for renewal within 24 hours prior to the end of the current period. d) You can manage and cancel your subscriptions by going to your account settings on the App Store. e) No trial periods are offered - subscriptions begin immediately upon purchase.

10.2. Prices and availability of in-app purchases and subscriptions are subject to change without notice.

10.3. Refund Policy: Due to the digital nature of our services and the absence of trial periods, refunds are generally not provided. Users are encouraged to try our Free tier before purchasing a subscription.

11. GOVERNING LAW AND DISPUTES

11.1. These Terms shall be governed by and construed in accordance with the laws of the State of Arizona, without regard to its conflict of law provisions.

11.2. Any dispute arising out of or relating to these Terms or the App shall be subject to the exclusive jurisdiction of the state and federal courts located in Arizona.

12. CHANGES TO TERMS

12.1. We reserve the right to modify these Terms at any time. We will notify users of any significant changes via email or through the App.

12.2. Your continued use of the App after any changes to these Terms constitutes your acceptance of such changes.

13. CONTACT US

If you have any questions about these Terms, please contact us at hello@hypnothera.ai.

Last updated: January 2025