TERMS OF USE
© 13002063 Canada Inc. 2025
Last updated: 25 May, 2025
1. Introduction
Welcome to Hypnatio (“App”, “Service”), operated by 13002063 Canada Inc. (“Company”, “We”, “Us”, “Our”).
By downloading, accessing, or using Hypnatio, you (“User”, “You”) agree to these Terms and Conditions (“Terms”).
If you do not agree with any part of these Terms, please do not use the Service.
2. Definitions
Service: The Hypnatio iOS mobile application and all content, features, and services provided within.
User: Any individual who accesses, downloads, or uses Hypnatio.
Content: All audio, text, graphics, videos, affirmations, code, and materials within the app.
Device: Any iOS device you use to access Hypnatio.
3. User Eligibility
You must be at least 18 years old or have legal parental/guardian consent to use this Service.
You may use Hypnatio only for lawful and personal purposes.
4. Acceptance of Terms
These Terms form a legally binding agreement between you and the Company.
Continued use of the Service signifies acceptance of the most current version of these Terms.
5. Privacy and Data
Please review our Privacy Policy for details on how your data is collected, used, and protected.
By using the Service, you consent to the collection and use of your information as described in our Privacy Policy.
6. In-App Purchases & Subscriptions
Hypnatio offers in-app purchases and subscriptions via Apple’s App Store.
All payments are processed securely by Apple. We do not store your credit card or billing information.
All sales are final, except where refunds are required by law or under Apple’s policies.
Subscriptions are associated with your Apple ID, not your Hypnatio account.
If you log into Hypnatio on another device, Premium access will only be available if that device is signed into the same Apple ID that purchased the subscription.
To manage or cancel your subscription, or to request a refund, please visit your Apple ID account settings.
You can also restore your subscription on a new device by tapping “Restore Purchases” within the app.
7. Content & Intellectual Property
All content within Hypnatio is owned by or licensed to the Company and protected by copyright and other laws.
You may not reproduce, distribute, modify, reverse-engineer, or use any part of the Service for commercial purposes without written consent. If you choose to share your own created audio or affirmations via the sharing feature, you represent and warrant that you have all necessary rights to share such content, and you grant the Company a limited license to store and deliver the shared content to recipients as part of the Service functionality. The Company is not responsible for how recipients use shared content.
You are solely responsible for any content you choose to share, including ensuring that such content does not contain third-party intellectual property, personal data of others, or any prohibited content under applicable laws. You agree to indemnify and hold the Company harmless for any claims arising from shared content.
Once you share a link to your audio, we cannot control further distribution of the content by recipients, and we disclaim any responsibility for such redistribution or misuse.
8. Acceptable Use
Do not misuse, copy, distribute, or attempt to hack, disrupt, or alter the Service.
You may not use Hypnatio for any unlawful, harmful, or abusive purpose. You agree not to share audio or content that infringes the rights of others, is unlawful, or violates intellectual property laws.
You agree not to include personal data of other individuals in the audio or affirmations you share, unless you have obtained all necessary consents from those individuals.
9. Third-Party Services & Links
Hypnatio may integrate or link to third-party content or services.
The Company is not responsible for the content, privacy, or security practices of any third-party site or service.
10. Account Security
If the Service allows registration/login, you are responsible for keeping your account credentials secure.
Notify us immediately of any unauthorized use or breach.
11. Disclaimer of Warranty
The Service is provided "AS IS" and "AS AVAILABLE" without warranties of any kind, express or implied.
By using Hypnatio, you acknowledge and agree that you use the Service at your own risk. The Company does not warrant that any personal development, psychological, or wellness outcomes are guaranteed. No information or advice obtained by you from the Service or the Company shall create any warranty not expressly stated in these Terms.
You acknowledge that the Service is not designed to process or manage sensitive information and you agree not to use the Service to collect or process such information. We specifically disclaim any liability that may result from your use of the Service to collect, process, or manage sensitive information.
We do not guarantee that Hypnatio will be uninterrupted, error-free, or free from viruses or harmful components.
Hypnatio is not intended to diagnose, treat, or prevent any medical or psychological condition. For any health concerns, consult a qualified professional.
12. Limitation of Liability
To the maximum extent permitted by law, the Company and its affiliates, officers, employees, agents, partners, and licensors shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages, including but not limited to, loss of profits, data, goodwill, or other intangible losses, resulting from your access to or use of, or inability to access or use, the Service.
In jurisdictions that do not allow the exclusion or limitation of liability for consequential or incidental damages, our liability is limited to the maximum extent permitted by law.
If you are dissatisfied with any part of the Service, your sole remedy is to stop using it.
Our maximum aggregate liability for any claim related to the Service shall not exceed the amount you paid to us in the last 12 months (or $100 USD, if no payment was made).
13. Limitation of Liability and Release
You hereby agree to release and forever discharge the Company, its directors, officers, employees, and agents from any and all claims, losses, costs, damages, or liabilities, whether in contract, tort, or otherwise, arising out of or connected with your use of the Service, to the fullest extent permitted by law.
Our liability for any damages shall be limited in aggregate to the amount of your most recent monthly fee. This limitation does not include the value of your joining fee or any premium upgrades.
In no event shall the Company be liable for any indirect, incidental, special, consequential, or exemplary damages, including but not limited to loss of profits, data, goodwill, or other intangible losses, even if the Company has been advised of the possibility of such damages.
14. Indemnification
To the maximum extent permitted by law, you agree to indemnify, defend, and hold harmless the Company and its officers, directors, employees, and agents from and against any claims, damages, liabilities, costs, and expenses (including reasonable legal fees) arising from your use of the Service, your violation of these Terms, or your infringement of any third-party rights, including intellectual property rights.
15. Changes to Terms
We may update these Terms at any time.
Material changes will be communicated in-app or via the App Store. Continued use after changes become effective means you accept the updated Terms.
To the maximum extent permitted by law, you agree to indemnify, defend, and hold harmless the Company and its officers, directors, employees, and agents from and against any claims, damages, liabilities, costs, and expenses (including reasonable legal fees) arising from your use of the Service, your violation of these Terms, or your infringement of any third-party rights, including intellectual property rights.
16. Governing Law
These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, excluding conflict of law rules.
All disputes arising out of or relating to these Terms or your use of the Service shall be subject to the exclusive jurisdiction of the courts of Ontario, Canada.
If you reside outside Canada, you may have rights under your local consumer laws.
We are not liable for any failure or delay in performing our obligations under these Terms due to causes beyond our reasonable control, including but not limited to natural disasters, power failures, strikes, civil disturbances, or governmental actions.
17. Dispute Resolution
Most concerns can be resolved by contacting us at support@hypnatio.com.
If a dispute arises, both parties agree to try informal resolution before resorting to litigation.
If you reside in Canada, you may bring claims in the courts of Ontario, Canada.
18. Force Majeure
We are not liable for any failure or delay in performing our obligations under these Terms due to causes beyond our reasonable control, including but not limited to natural disasters, power failures, strikes, civil disturbances, or governmental actions.
19. Assignment
You may not assign these Terms without our prior written consent. We may assign these Terms at our discretion.
20. Waiver
Any failure by the Company to exercise or enforce any right shall not constitute a waiver.
21. Survival
Provisions relating to indemnification, limitation of liability, and dispute resolution survive termination.
22. Headings
The headings are for reference only and do not affect interpretation of these Terms.
ㄴㅇㄴㅇㄴㄴㅇ