TERMS OF USE

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 custom audio loop generation, playback, library, sharing, and related features provided within.

User: Any individual who accesses, downloads, or uses Hypnatio.

Content: All app-provided audio, text, graphics, videos, audio loops, generated materials, code, and other 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.

If a free trial or introductory offer is available, the offer terms, duration, eligibility, and renewal price will be shown in the App Store or in the purchase screen before you subscribe. At the end of the trial or introductory period, the subscription may automatically renew at the standard price unless you cancel it through your Apple ID account settings before the trial ends.

Subscriptions and Premium access are associated with the Apple ID or App Store account used for the purchase, not solely with a Hypnatio account.

If you use Hypnatio on another device, Premium access may only be available if that device is signed into the Apple ID or App Store account 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, User 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 create, save, or share audio loops, text, affirmations, or other user-generated content through Hypnatio, you remain responsible for that content. You represent and warrant that you have all necessary rights and consents to create and share it.

By using sharing features, you grant the Company a limited license to host, store, process, transmit, and display your shared content only as needed to operate the Service. The Company is not responsible for how recipients use, copy, redistribute, or misuse content you share.

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 create or share audio, text, links, or other content that infringes the rights of others, is unlawful, abusive, deceptive, harassing, or violates intellectual property laws.

You agree not to include personal data, sensitive information, or confidential information of other individuals in the text, audio, or affirmations you create or share unless you have obtained all necessary rights and consents.

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 you create or use an account with the Service, 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 memorization, focus, personal development, psychological, wellness, or other outcome is 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 you paid to us for the Service in the 12 months before the claim arose, or $100 USD if no payment was made, to the maximum extent permitted by law.

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.

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.

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.

23. Entire Agreement

These Terms constitute the entire agreement and supersede prior agreements.

24. Severability

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

25. Contact

For any questions or support, email us at: support@hypnatio.com