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. IMPORTANT MEDICAL AND SAFETY DISCLAIMER:

The content provided by Hypnothera, including all AI-generated hypnotherapy sessions, scripts, and audio, is for entertainment and educational 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 AND CREDIT SYSTEM

4.1. Our services operate on a credit-based system. Users purchase credits which are then used to generate audio content.

4.2. Credit 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.

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

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. If you have serious mental health concerns, we strongly recommend consulting with a licensed therapist or healthcare professional. Our App is not a substitute for professional mental health services.

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 account at any time by contacting our customer support.

9.2. Unused credits are non-refundable upon cancellation.

9.3. 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.

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

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: Sept 14th, 2024