HypTide Terms of Service

Last Updated: December 8, 2025

Welcome and Agreement to Terms
Important Health and Safety Disclaimers
HypTide Service Overview
Artificial Intelligence Disclosure and Transparency
Eligibility
Accounts and Registration
User Representations and Warranties
Payment Terms
Licenses
Ownership and Proprietary Rights
User Safety and Appropriate Use
Prohibited Conduct
Communications
Feedback
Assumption of Risk
Disclaimers
Limitation of Liability
Indemnification
Dispute Resolution and Arbitration (USA Users)
Governing Law and Jurisdiction

20.1 For Users Located in the United States
20.2 For Users Located Outside the United States
20.3 Limitation on US Jurisdiction (Swiss Company Notice)
20.4 Location of Assets and Limitations on Enforcement
20.5 Forum Non Conveniens
20.6 Waiver of Jury Trial (All Users)

Modification of Terms
Term and Termination
General Provisions
Contact Information

1. WELCOME AND AGREEMENT TO TERMS

Welcome, and thank you for your interest in HypTide, a brand of P&L Group GmbH („HypTide,“ „we,“ „us,“ or „our“), and our website at hyptide.com, along with our related websites, networks, applications, mobile applications, and other services provided by us (collectively, the „Service„). These Terms of Service (these „Terms„) are a legally binding contract between you and HypTide regarding your use of the Service.

PLEASE READ THE FOLLOWING TERMS CAREFULLY

BY CLICKING „I ACCEPT,“ OR BY DOWNLOADING, INSTALLING, OR OTHERWISE ACCESSING OR USING THE SERVICE, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD, AND, AS A CONDITION TO YOUR USE OF THE SERVICE, YOU AGREE TO BE BOUND BY, THE FOLLOWING TERMS AND CONDITIONS, INCLUDING HYPTIDE’S PRIVACY POLICY AND ANY ADDITIONAL TERMS REFERENCED HEREIN (TOGETHER, THESE „TERMS“).

If you are not eligible, or do not agree to the Terms, then you do not have our permission to use the Service. Your use of the Service, and HypTide’s provision of the Service to you, constitutes an agreement by HypTide and by you to be bound by these Terms.

IF YOU ARE A USER LOCATED IN THE UNITED STATES, THESE TERMS CONTAIN A MANDATORY ARBITRATION PROVISION AND CLASS ACTION WAIVER THAT REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS. SEE SECTION 18 FOR MORE INFORMATION.

2. IMPORTANT HEALTH AND SAFETY DISCLAIMERS

⚠️ CRITICAL HEALTH DISCLAIMER – PLEASE READ CAREFULLY

THE SERVICE IS NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. The content provided through the Service, including all text, graphics, audio, and other materials, is for informational and wellness purposes only.

NOT MEDICAL TREATMENT OR THERAPY

HYPTIDE IS NOT:

Psychotherapy, psychological counseling, or mental health treatment
Medical treatment, diagnosis, or prescription
A medical device as defined by the FDA or any regulatory authority
Telemedicine or telehealth services
A crisis intervention service or emergency response system
Intended to treat, cure, prevent, or diagnose any disease or medical condition
A substitute for professional mental health care

NO PROVIDER-PATIENT RELATIONSHIP

No therapist-patient, doctor-patient, psychologist-patient, or other healthcare professional relationship is created between you and HypTide, P&L Group GmbH, or any of its personnel through your use of the Service. HypTide does not provide individualized medical or mental health advice, does not monitor your use of the Service in real-time, and cannot respond to crisis situations.

SEEK PROFESSIONAL MEDICAL ADVICE

ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN, PSYCHIATRIST, PSYCHOLOGIST, OR OTHER QUALIFIED HEALTH PROVIDER with any questions you may have regarding a medical or mental health condition. Never disregard professional medical advice or delay in seeking it because of something you have read, heard, or experienced on or through the Service.

MEDICAL EMERGENCIES AND CRISIS SITUATIONS

IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY OR ARE EXPERIENCING A MENTAL HEALTH CRISIS, CALL EMERGENCY SERVICES IMMEDIATELY:

USA: Dial 911 (Emergency) or 988 (Suicide & Crisis Lifeline)
Switzerland: Dial 144 (Emergency Medical) or 143 (Crisis Helpline)
International: Contact your local emergency services number immediately

HypTide is not equipped to handle medical or mental health emergencies and is not a substitute for emergency services, crisis intervention, or professional mental health treatment.

DO NOT USE IF YOU HAVE THESE CONDITIONS

THE SERVICE IS NOT APPROPRIATE FOR AND SHOULD NOT BE USED BY INDIVIDUALS WITH:

Epilepsy, seizure disorders, or photosensitivity
Active psychosis, schizophrenia, or schizoaffective disorder
Dissociative identity disorder or other dissociative disorders
Severe depression with active suicidal ideation or intent
Bipolar disorder in an active manic or mixed episode
Recent severe trauma requiring immediate professional intervention
Post-Traumatic Stress Disorder (PTSD) without professional supervision
Any condition that may cause loss of touch with reality
Any severe psychiatric condition requiring active treatment
Any medical condition that may be adversely affected by relaxation or altered states of consciousness

IF YOU SUFFER FROM ANY SEVERE MENTAL ILLNESS, NEUROLOGICAL CONDITION, OR SERIOUS MEDICAL CONDITION, you must consult with a qualified healthcare professional before using the Service. The Service is designed for general wellness purposes and is not appropriate for individuals with severe mental health conditions. Use of the Service by such individuals may not be appropriate and could be harmful.

KNOWN POTENTIAL RISKS OF HYPNOSIS AND MEDITATION

While generally safe for most people, hypnosis and guided meditation may cause:

Temporary disorientation, drowsiness, or light-headedness
Unwanted thoughts, memories, or emotions surfacing
Emotional responses (crying, anxiety, anger, sadness)
Dizziness, headache, or fatigue
False memories or confabulation (in rare cases)
Sleep disturbances (if used before bedtime by sensitive individuals)
Heightened emotional states

DISCONTINUE USE IF ADVERSE EFFECTS OCCUR

IF YOU EXPERIENCE ANY ADVERSE EFFECTS, NEGATIVE REACTIONS, OR WORSENING OF ANY PRE-EXISTING CONDITION while using the Service, discontinue use immediately and consult with a qualified healthcare professional.

NO GUARANTEES OR CLAIMS OF EFFICACY

HypTide does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Service. HypTide makes no representations, warranties, or guarantees about the effectiveness, results, benefits, or outcomes from using the Service. Results may vary significantly between individuals, and some users may experience no benefits at all.

PARENTAL SUPERVISION FOR MINORS

The Service is intended for users 18 years of age and older. If you allow a minor to use the Service under your supervision (where permitted by law), you assume all responsibility and liability for the minor’s use and any effects or consequences thereof.

3. HYPTIDE SERVICE OVERVIEW

HypTide is a self-guided wellness platform designed to help individuals improve their mental wellness, manage stress, enhance focus, and support personal development through personalized self-hypnosis and guided meditation exercises.

The Service includes:

Mobile Application (the „App“): Available for download on iOS and Android devices
Web Platform: Accessible at app.hyptide.com
AI-Powered Personalization: Customized hypnosis and meditation sessions
Audio Content Library: Pre-recorded and dynamically generated audio sessions
Progress Tracking: Tools to monitor your usage and subjective wellness metrics

HypTide’s mission is to make evidence-based self-hypnosis accessible, affordable, and convenient for personal mental wellness and self-improvement. We differentiate ourselves through a scientific, personalized approach rather than guru-style marketing or unsubstantiated claims.

What the Service Is NOT

The Service is not designed to:

Replace professional therapy or counseling
Treat diagnosed mental health conditions
Provide crisis intervention or emergency support
Offer medical advice or diagnosis
Serve as a regulated medical device
Create a therapeutic relationship with a licensed professional

4. ARTIFICIAL INTELLIGENCE DISCLOSURE AND TRANSPARENCY

4.1 Use of AI Technology

HypTide uses artificial intelligence (AI) technology to personalize and generate hypnosis and meditation content. Specifically:

AI-Powered Content Generation:

We use Claude (by Anthropic) to generate personalized hypnosis scripts and meditation session content based on your input, preferences, and goals
We use OpenAI’s Text-to-Speech (TTS) technology to convert written scripts into audio format
The AI creates customized content for each user session, meaning no two sessions are exactly alike

What This Means for You:

The hypnosis scripts and meditation guidance you receive are generated by AI, not written by human therapists or licensed mental health professionals
While our AI is designed to create helpful, evidence-based content for general wellness, it does not have the clinical judgment, empathy, or contextual understanding of a human therapist
AI-generated content may occasionally contain errors, inconsistencies, or content that may not be appropriate for your specific situation
The AI cannot detect or respond to your emotional state, mental health crisis, or individual therapeutic needs in real-time

4.2 HypTide Is NOT an „AI Therapist“ or „AI Chatbot Therapist“

IMPORTANT CLARIFICATION:

HypTide is NOT:

An „AI therapist,“ „AI counselor,“ or „AI mental health professional“
A conversational AI chatbot that provides therapy or mental health treatment
A diagnostic tool or clinical decision support system
A replacement for human therapists, psychologists, psychiatrists, or counselors
Capable of providing crisis intervention or emergency mental health support
Able to diagnose, treat, or manage mental health conditions

What HypTide IS:

A self-guided wellness tool that uses AI to create personalized audio content for stress management, relaxation, focus, and personal development
Designed for general mental wellness in healthy individuals, not for treatment of mental health conditions
A supplemental wellness resource, similar to meditation apps, not a substitute for professional care

4.3 Limitations of AI-Generated Content

You acknowledge and agree that:

(a) No Human Oversight: The AI-generated content is created automatically without review by licensed therapists, psychologists, or medical professionals before delivery to you;

(b) Potential Errors: AI-generated content may contain:

Inaccuracies or inconsistencies
Content that may not be suitable for your specific circumstances
Repetitive or formulaic language
Lack of nuanced understanding of complex personal situations
Unintended or inappropriate suggestions (although our systems are designed to prevent this);

Assess your mental health status
Detect if you are in crisis or distress
Provide individualized clinical recommendations
Adjust content based on your real-time emotional or psychological state
Replace the judgment and expertise of licensed professionals;

(d) „Hallucinations“ and AI Errors: Like all AI systems, our AI may occasionally generate content that is nonsensical, contradictory, or factually incorrect (known as „hallucinations“ in AI terminology). While we implement safeguards to minimize such occurrences, they cannot be completely eliminated;

(e) Bias and Fairness: AI systems can reflect biases present in their training data. While we strive to create fair and inclusive content, the AI may inadvertently produce content that does not fully account for cultural, individual, or contextual differences;

(f) Training Data: The AI models we use were trained on large datasets that may include publicly available text from the internet and other sources. We do not have complete visibility into all training data used by third-party AI providers (Anthropic, OpenAI).

4.4 Your Responsibilities When Using AI-Generated Content

When using HypTide’s AI-generated content, you agree to:

(a) Exercise Critical Judgment: Evaluate the appropriateness and helpfulness of AI-generated content for your personal situation;

(b) Discontinue Use If Inappropriate: Immediately stop using any session or content that feels uncomfortable, distressing, triggering, or inappropriate for you;

(c) Seek Human Professional Help: Consult with licensed mental health professionals if you need individualized advice, therapy, or treatment for mental health concerns;

(d) Report Issues: Notify us at hyptideteam@gmail.com if you encounter AI-generated content that is harmful, offensive, dangerous, or clearly erroneous;

(e) Understand Limitations: Recognize that AI-generated wellness content is a tool for self-guided personal development, not a replacement for professional care.

4.5 Data Privacy and AI Processing

How Your Data Is Used with AI:

(a) Input Data: Information you provide (such as your goals, preferences, and session feedback) is sent to our AI service providers (Anthropic and OpenAI) to generate personalized content;

(b) Third-Party AI Providers: We use Anthropic Claude and OpenAI TTS as third-party service providers. Your data is processed according to their respective privacy policies and data processing agreements;

(c) No Training on Your Data: According to our agreements with AI providers, your personal data is not used to train or improve their general AI models. Your data is used solely to generate content for your individual sessions;

(d) Data Retention: Session transcripts and AI-generated content are stored in accordance with our Privacy Policy. We retain this data to improve your experience and service quality;

(e) See Privacy Policy: For complete information about data collection, use, and sharing, please review our Privacy Policy at hyptide.com/privacy.

4.6 Transparency Commitment

In accordance with 2025 federal and state regulations regarding AI transparency in digital health:

We clearly disclose our use of AI technology in content generation
We maintain this transparency regarding AI capabilities and limitations
We provide ongoing updates about changes to our AI systems
We comply with FDA guidance on distinguishing AI wellness tools from medical devices
We adhere to FTC requirements for truthful representation of AI capabilities

4.7 Updates to AI Technology

We may update, modify, or change the AI technology we use (including switching AI providers or models) at any time to improve service quality, comply with regulations, or for other business reasons. Material changes to AI technology will be communicated through updates to these Terms and our Privacy Policy.

5. ELIGIBILITY

You must be at least 18 years old to create an account and use the Service independently.

By agreeing to these Terms, you represent and warrant to us that:

(a) You are at least 18 years old (or the age of majority in your jurisdiction, whichever is greater);

(b) You have the legal capacity to enter into a binding contract;

(d) Your registration and your use of the Service is in compliance with all applicable laws and regulations;

(e) You are not legally prohibited from using the Service under any applicable law; and

(f) If you are accepting these Terms on behalf of an entity, organization, or company, you represent and warrant that you have the authority to bind that entity to these Terms, and you agree to be bound by these Terms on behalf of that entity.

Minors: If you allow a minor (under 18 years of age) to use the Service under your supervision and in accordance with applicable laws in your jurisdiction, you assume full responsibility and liability for such minor’s use of the Service, including compliance with these Terms and any consequences arising from such use.

6. ACCOUNTS AND REGISTRATION

To access most features of the Service, you must register for an account. When you register for an account, you may be required to provide us with information about yourself, such as:

Your name
Email address
Payment information (for paid subscriptions)
Optional profile information

Account Security

You agree that:

(a) The information you provide to us is accurate, current, and complete, and you will keep it up-to-date at all times;

(b) You are solely responsible for maintaining the confidentiality of your account credentials and password;

(c) You are solely responsible for all activities that occur under your account, whether or not you authorized such activities;

(d) You will immediately notify us at hyptideteam@gmail.com if you believe that your account is no longer secure or has been compromised; and

(e) You will not:

Share your account with anyone else
Use another user’s account without permission
Create multiple accounts for fraudulent purposes
Impersonate any person or entity

HypTide reserves the right to suspend or terminate any account that violates these Terms or engages in suspicious activity.

7. USER REPRESENTATIONS AND WARRANTIES

By accessing and using the Service, you represent, warrant, and covenant to HypTide that:

(a) Accurate Information: All information you provide to HypTide is accurate, truthful, current, and complete, and you will maintain and promptly update your information to keep it accurate and current;

(b) Physical and Mental Capability: You are physically and mentally capable of safely using the Service, and you do not have any medical or mental health conditions that would make use of the Service inappropriate or dangerous;

(c) Medical Consultation: You have consulted (or will consult) with a qualified healthcare provider if you have any medical conditions, mental health conditions, or are taking any medications that might be affected by the use of hypnosis, meditation, or relaxation techniques;

(d) Safe Environment: You will use the Service only in a safe, appropriate environment and will not use the Service while:

Driving or operating any vehicle
Operating heavy machinery or equipment
Performing any activity that requires your full attention
In any situation where loss of awareness could cause harm
Under the influence of drugs or alcohol;

(e) Understanding of Purpose: You understand that the Service is for wellness and personal development purposes only and is not a medical treatment, therapy, or substitute for professional healthcare;

(f) Responsibility for Decisions: You acknowledge that you are solely responsible for any decisions you make or actions you take based on your use of the Service;

(g) Immediate Discontinuation: You will immediately discontinue use of the Service if you experience any adverse effects, negative reactions, or worsening of any pre-existing condition;

(h) Legal Compliance: Your use of the Service complies with all applicable local, state, national, and international laws and regulations;

(i) Age Requirement: You meet the age requirement specified in Section 4 (Eligibility);

(j) Voluntary Use: Your use of the Service is entirely voluntary, and you are not being compelled or coerced to use the Service by any third party; and

(k) Review of Terms: You have read, understood, and agree to be bound by these Terms, including all disclaimers, warnings, and limitations of liability.

8. PAYMENT TERMS

8.1 General Payment Terms

Certain features of the Service require you to pay fees. Before you pay any fees, you will have an opportunity to review and accept the fees that you will be charged. All fees are:

In the currency specified at the time of purchase (typically USD, EUR, or CHF)
Non-refundable except as expressly provided in these Terms or required by applicable law
Subject to applicable taxes, which will be added to the total amount charged

8.2 Free Trial

HypTide may offer a free trial period (typically 7 days) for new users to experience the Service before committing to a paid subscription. The free trial:

Does not require a credit card or payment method
Allows full access to Service features during the trial period
Expires automatically at the end of the trial period
Does not automatically convert to a paid subscription unless you explicitly choose to upgrade

After your free trial expires, you will need to purchase a subscription to continue accessing premium features.

8.3 Subscription Service

HypTide offers automatically recurring payments for periodic charges („Subscription Service„). Available subscription tiers typically include:

Monthly Subscription: Billed monthly (e.g., $19.90 USD/month)
Annual Subscription: Billed annually (e.g., $89.90 USD/year)

When you activate a Subscription Service:

(a) You authorize HypTide or its payment processor (currently Stripe) to periodically charge your payment method on a going-forward basis until cancellation;

(b) Your „Subscription Billing Date“ is the date when you purchase your first paid subscription;

(c) Your account will be charged automatically on the Subscription Billing Date and each renewal period thereafter for all applicable fees and taxes;

(d) The subscription will continue and automatically renew unless you cancel before the next renewal date or we terminate your subscription;

(e) You are responsible for all charges incurred under your account, including unauthorized charges if you fail to protect your account credentials.

8.4 Promotional Codes

HypTide may offer promotional codes (e.g., „EARLYBIRD50,“ „FRIENDSFAMILY50“) that provide discounts on subscription fees. Promotional codes:

Are subject to specific terms and conditions stated at the time of offer
May have expiration dates or user limits
May be revoked if obtained through fraudulent means
Cannot be combined with other offers unless explicitly stated
May be limited to one per user or account

8.5 Payment Method

You must provide a valid payment method to purchase a subscription. You authorize HypTide and our payment processor to charge your payment method for all fees incurred. If your payment method fails or your account is past due, we may suspend or terminate your access to the Service until payment is received.

8.6 Price Changes

HypTide reserves the right to change subscription prices at any time. If we increase the price of your subscription, we will notify you at least 30 days in advance. The new price will apply to your next billing cycle after the notice period. If you do not agree to the price increase, you may cancel your subscription before the new price takes effect.

8.7 Cancellation and Refunds

Cancellation:

You may cancel your subscription at any time by contacting us at hyptideteam@gmail.com or through your account settings
You must cancel before your next renewal date to avoid being charged for the next period
Cancellation will take effect at the end of your current billing period
You will retain access to premium features until the end of your paid period

Refunds:

Subscription fees are generally non-refundable
We do not provide refunds or credits for partial months or years of service
If you believe you are entitled to a refund under applicable law (e.g., consumer protection laws in your jurisdiction), contact us at hyptideteam@gmail.com
For EU users: You have a 14-day right of withdrawal under EU consumer protection laws if you have not yet started using the Service. Once you begin using the Service, you waive this right.

8.8 Taxes

You are responsible for all applicable taxes, duties, and assessments arising from your purchase and use of the Service, except for taxes based on HypTide’s net income. If we are required to collect or pay taxes on your behalf, such taxes will be charged to you.

9. LICENSES

9.1 Limited License to Use the Service

Subject to your complete and ongoing compliance with these Terms, HypTide grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to, solely for your personal, non-commercial use:

(a) Install and use one object code copy of any mobile application associated with the Service obtained from a legitimate marketplace (Apple App Store, Google Play Store) on a mobile device that you own or control; and

(b) Access and use the Service through our website and applications.

9.2 License Restrictions

Except and solely to the extent such a restriction is impermissible under applicable law, you may not:

(a) Reproduce, distribute, publicly display, publicly perform, or create derivative works of the Service;

(b) Make modifications to the Service or reverse engineer, decompile, or disassemble the Service;

(c) Rent, lease, loan, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Service to any third party;

(d) Remove, alter, or obscure any proprietary notices (including copyright and trademark notices) on the Service;

(e) Use the Service for any commercial purpose or for the benefit of any third party;

(f) Interfere with or circumvent any feature of the Service, including any security, access control, or digital rights management mechanism;

(g) Access the Service through automated means (bots, scrapers, scripts) without our express written permission;

(h) Probe, scan, or test the vulnerability of the Service or breach any security or authentication measures;

(i) Use the Service in any manner that could damage, disable, overburden, or impair the Service or interfere with any other party’s use of the Service; or

(j) Use the Service if you are prohibited under applicable law from doing so.

9.3 Reservation of Rights

HypTide reserves all rights not expressly granted to you in these Terms. The Service and all associated intellectual property rights remain the exclusive property of HypTide and its licensors.

10. OWNERSHIP AND PROPRIETARY RIGHTS

The Service is owned and operated by HypTide (P&L Group GmbH). The visual interfaces, graphics, design, compilation, information, data, computer code (including source code and object code), products, software, services, audio content, text, and all other elements of the Service („Materials„) provided by HypTide are protected by:

Copyright laws
Trademark laws
Patent laws
Trade secret laws
Other intellectual property and proprietary rights laws

All Materials included in the Service are the property of HypTide, P&L Group GmbH, or our third-party licensors (including AI service providers and content creators). Except as expressly authorized by HypTide in these Terms, you may not make use of the Materials.

Trademarks

„HypTide,“ the HypTide logo, and other HypTide trademarks, service marks, graphics, and logos used in connection with the Service are trademarks or registered trademarks of P&L Group GmbH. You may not use our trademarks without our prior written permission.

Your Content

If you submit any content to the Service (such as feedback, profile information, or user-generated content), you retain ownership of your content. However, by submitting content, you grant HypTide a worldwide, royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content in connection with operating and improving the Service.

11. USER SAFETY AND APPROPRIATE USE

11.1 Your Responsibility for Safe Use

YOU ACKNOWLEDGE AND AGREE THAT:

(a) Safe Environment Required: You will only use the Service in a safe, comfortable, private environment where you can relax without interruption or danger;

(b) No Use During Dangerous Activities: You will NEVER use the Service while:

Driving, operating, or riding in a vehicle as the driver
Operating heavy machinery, power tools, or equipment
Performing any activity that requires full attention, alertness, or manual dexterity
Caring for children or other dependents who require supervision
In or near water (swimming, bathing) where drowsiness could be dangerous
In any situation where loss of awareness, relaxation, or sleep could cause harm to you or others;

(c) Awareness of Surroundings: You will maintain awareness of your surroundings and ensure you are in a physically and emotionally safe environment before beginning any session;

(d) Drowsiness Warning: The Service may cause drowsiness, relaxation, or altered states of consciousness. You are solely responsible for ensuring you can safely experience these effects;

(e) Sole Responsibility: You alone are responsible for creating and maintaining an appropriate environment for using the Service. HypTide has no ability to monitor how or where you use the Service and assumes no responsibility for injuries or damages arising from inappropriate use;

(f) Headphone Safety: If using headphones or earbuds, keep the volume at a safe, moderate level to avoid hearing damage;

(g) Medical Conditions: If you have any medical conditions that might be affected by relaxation, altered states of consciousness, or audio content (including but not limited to epilepsy, seizure disorders, heart conditions, anxiety disorders, or PTSD), you must consult with a qualified healthcare professional before using the Service;

(h) Pregnancy: If you are pregnant, consult with your healthcare provider before using the Service, as certain relaxation techniques may not be appropriate during pregnancy;

(i) Children and Pets: Ensure that children and pets are properly supervised and will not be disturbed or endangered during your use of the Service;

(j) Mental Health Monitoring: You will monitor your mental and emotional state while using the Service and immediately discontinue use if you experience any concerning symptoms, including:

Increased anxiety, panic, or distress
Disturbing thoughts or memories
Confusion, disorientation, or dissociation
Suicidal or self-harm thoughts
Any other adverse psychological effects; and

(k) Prohibition for Certain Conditions: You acknowledge that the Service is not appropriate for individuals with certain mental health conditions as specified in Section 2, and you will not use the Service if you have any such conditions unless you have received explicit approval from your healthcare provider and are under their active care.

11.2 Limitation on Use for Specific Groups

The Service may not be appropriate for:

Individuals with epilepsy or seizure disorders
Individuals with severe psychiatric conditions
Individuals experiencing active suicidal ideation
Individuals in crisis situations
Individuals who are intoxicated or under the influence of drugs
Individuals who have recently experienced severe trauma

If any of these apply to you, do not use the Service without explicit approval from a qualified healthcare professional.

12. PROHIBITED CONDUCT

BY USING THE SERVICE, YOU AGREE NOT TO:

(a) Illegal Use: Use the Service for any illegal purpose or in violation of any local, state, national, or international law or regulation;

(b) Harmful Content: Upload, post, transmit, or otherwise make available any content that:

Is illegal, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable
Infringes any patent, trademark, trade secret, copyright, or other intellectual property rights
Contains software viruses or any other malicious code
Promotes illegal activity or violence
Is false, misleading, or fraudulent;

(c) Rights Violations: Violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any intellectual property, privacy, or publicity right;

(d) Security Interference: Interfere with security-related features of the Service, including by:

Disabling or circumventing features that prevent or limit use or copying of content
Reverse engineering, decompiling, or otherwise attempting to discover source code or algorithms (except to the extent permitted by applicable law)
Bypassing, circumventing, or attempting to bypass any security, access control, or usage restrictions;

(e) Service Interference: Interfere with the operation of the Service or any user’s enjoyment of the Service, including by:

Uploading or disseminating any virus, adware, spyware, worm, trojan horse, or other malicious code
Making unsolicited offers, advertisements, or spam to other users
Collecting personal information about users without their consent
Interfering with or disrupting any network, equipment, or server connected to or used to provide the Service
Using any robot, spider, scraper, or other automated means to access the Service without our express written permission
Launching a denial-of-service attack or distributed denial-of-service attack;

(f) Fraudulent Activity: Perform any fraudulent activity, including:

Impersonating any person or entity
Claiming a false affiliation with any person or entity
Accessing any other user’s account without permission
Using false or misleading information to create an account
Using stolen credit cards or payment information;

(g) Account Transfer: Sell, trade, or otherwise transfer your account or access to the Service to any other person or entity;

(h) Unauthorized Commercial Use: Use the Service for any commercial purpose without our express written permission, including:

Reselling access to the Service
Using the Service to provide services to third parties
Using the Service to train competing AI models or develop competing services;

(i) Violation of Terms: Attempt to do any of the acts described in this Section 11, assist or permit any person in engaging in any of the acts described in this Section 11, or encourage others to violate these Terms;

(j) Medical Claims: Make medical or health claims about the Service, represent the Service as a treatment for any medical condition, or suggest that the Service can diagnose, treat, cure, or prevent any disease;

(k) Unauthorized Access: Access or attempt to access any portion of the Service that you are not authorized to access, including other users‘ accounts or restricted areas;

(l) Data Mining: Use any data mining, robots, or similar data gathering or extraction methods on the Service without our express written consent; or

(m) Misrepresentation: Misrepresent your identity, affiliation, or the source of any content you submit or transmit through the Service.

Violation of this Section 11 may result in immediate termination of your account and may subject you to civil and criminal liability.

13. COMMUNICATIONS

13.1 Electronic Communications Consent

By using the Service, you consent to receiving electronic communications from us, including:

Emails regarding your account, subscriptions, and transactions
Service announcements and updates
Important notices about changes to the Service or these Terms
Responses to your support requests
Marketing and promotional communications (subject to your preferences)

You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.

13.2 Push Notifications

When you install our mobile app on your device, you may agree to receive push notifications, which are messages sent to your device when the app is not actively in use. Push notifications may include:

Reminders to use the Service
Motivational messages
Updates about new content
Important account or service notices

You can turn off push notifications at any time by visiting your mobile device’s „Settings“ page and adjusting notification preferences for the HypTide app.

13.3 Marketing Emails

We may send you promotional emails about new features, special offers, events, or other information we think you might find interesting. You may opt out of promotional emails by:

Following the unsubscribe instructions in the promotional email itself
Adjusting your email preferences in your account settings
Contacting us at hyptideteam@gmail.com with your opt-out request

Please note: Even if you opt out of marketing emails, we will still send you transactional and relationship emails (such as account confirmations, password resets, billing notifications, and important service announcements).

13.4 SMS/Text Messages

If you provide a phone number and opt in to receive SMS/text messages from us, you consent to receive text messages related to your account and use of the Service. Standard message and data rates may apply. You can opt out of SMS messages at any time by replying „STOP“ to any text message from us.

13.5 Contact Preferences

You can update your communication preferences at any time through your account settings or by contacting us at hyptideteam@gmail.com.

14. FEEDBACK

If you choose to provide input, suggestions, recommendations, comments, ideas, or other feedback regarding problems with or proposed modifications or improvements to the Service („Feedback„), then you hereby grant HypTide an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free, worldwide right and license to:

Use, reproduce, modify, adapt, and create derivative works from the Feedback
Publish, distribute, sublicense, and otherwise exploit the Feedback in any manner and for any purpose
Incorporate the Feedback into the Service or other HypTide products and services
Publicly display and perform the Feedback

You acknowledge and agree that:

HypTide has no obligation to use, respond to, or implement your Feedback
HypTide may already be working on similar ideas or features
You will not be entitled to any compensation or attribution for your Feedback
Your Feedback does not contain any confidential or proprietary information
Providing Feedback does not establish any relationship or partnership between you and HypTide beyond that of a user of the Service

15. ASSUMPTION OF RISK

YOU EXPRESSLY ACKNOWLEDGE, UNDERSTAND, AND AGREE THAT:

(a) Use at Your Own Risk: Your use of the Service is entirely at your sole risk. The Service is provided on an „AS IS“ and „AS AVAILABLE“ basis without warranties of any kind;

(b) No Guarantees of Results: HypTide makes no representations, warranties, or guarantees regarding:

The effectiveness, efficacy, or benefits of the Service
Any particular results or outcomes from using the Service
The accuracy, completeness, or usefulness of any content
Whether the Service will meet your needs or expectations
Whether the Service will be uninterrupted, timely, secure, or error-free;

Results from using the Service may vary significantly between individuals
Some users may experience substantial benefits while others may experience minimal or no benefits
Past results or testimonials do not guarantee future results
Individual experiences depend on many factors outside HypTide’s control;

(d) Physical and Psychological Risks: You assume all risks associated with using the Service, including but not limited to:

Any physical effects such as drowsiness, dizziness, disorientation, or fatigue
Any psychological or emotional effects such as unwanted memories, emotional responses, anxiety, or distress
Any exacerbation of pre-existing medical or mental health conditions
Any false memories, confabulation, or distorted perceptions (rare but possible with hypnosis)
Any indirect effects such as impaired judgment or decision-making after use;

(e) Decision-Making Responsibility: You assume full responsibility for:

Any decisions you make based on your use of the Service
Any actions you take as a result of using the Service
Any reliance you place on the accuracy, completeness, or usefulness of any content
Evaluating the appropriateness of using the Service for your particular situation;

(f) Technical Risks: You assume all risks related to:

Technical failures, interruptions, or errors in the Service
Compatibility issues with your devices or software
Data loss or corruption
Security breaches or unauthorized access (despite our reasonable security measures)
Downtime or service unavailability;

(g) Third-Party Risks: You assume risks associated with:

Any third-party services integrated with or linked from the Service
Third-party payment processors (such as Stripe)
App store platforms (Apple App Store, Google Play)
Internet service providers and telecommunications networks;

(h) No Monitoring: You understand that:

HypTide does not monitor your individual use of the Service in real-time
HypTide cannot detect if you are experiencing adverse effects
HypTide cannot intervene in crisis situations
You are solely responsible for monitoring your own well-being while using the Service;

(i) Personal Responsibility: You acknowledge that you are solely and entirely responsible for:

Determining whether the Service is appropriate and safe for you
Creating a safe environment for using the Service
Monitoring your physical and mental state during and after use
Seeking professional help if needed
Discontinuing use if you experience adverse effects;

(j) No Substitute for Professional Care: You acknowledge that the Service is not a substitute for:

Professional medical advice, diagnosis, or treatment
Psychotherapy or mental health counseling
Crisis intervention or emergency services
Prescription medications or medical treatments
Professional supervision or guidance for serious conditions; and

(k) Voluntary Use: You acknowledge that your use of the Service is entirely voluntary, and you freely choose to accept all associated risks.

BY USING THE SERVICE, YOU EXPRESSLY ASSUME ALL OF THE ABOVE RISKS AND WAIVE ANY CLAIMS AGAINST HYPTIDE RELATED TO THESE RISKS.

16. DISCLAIMERS

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW:

(a) „AS IS“ Provision: THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE ARE PROVIDED „AS IS“ AND ON AN „AS AVAILABLE“ BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED;

(b) Disclaimer of Warranties: HYPTIDE, P&L GROUP GMBH, AND OUR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS (COLLECTIVELY, THE „HYPTIDE PARTIES„) DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, RELATING TO THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING BUT NOT LIMITED TO:

Any implied warranty of merchantability
Any implied warranty of fitness for a particular purpose
Any implied warranty of title
Any implied warranty of quiet enjoyment
Any implied warranty of non-infringement
Any warranty arising from course of dealing, usage, or trade
Any warranty that the Service will meet your requirements or expectations
Any warranty that the Service will be uninterrupted, timely, secure, accurate, complete, or error-free
Any warranty regarding the quality, accuracy, or reliability of any content, information, or services obtained through the Service;

The effectiveness, efficacy, or results of using the Service
The accuracy, reliability, or completeness of any content or information provided through the Service
That your use of the Service will lead to any particular outcome or benefit
That the Service is appropriate for your particular situation or needs;

(d) No Warranty of Security: THE HYPTIDE PARTIES DO NOT WARRANT THAT:

The Service or any portion thereof will be free of errors, viruses, malware, or other harmful components
Any security mechanisms will be impenetrable or sufficient
Your data will be completely secure or protected from unauthorized access
Any of the foregoing issues will be corrected;

(e) No Warranty from Information: NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE, FROM THE HYPTIDE PARTIES, OR FROM ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE WILL CREATE ANY WARRANTY REGARDING ANY OF THE HYPTIDE PARTIES OR THE SERVICE THAT IS NOT EXPRESSLY STATED IN THESE TERMS;

(f) No Responsibility for User Interactions: WE ARE NOT RESPONSIBLE FOR ANY DAMAGE, INJURY, OR LOSS THAT MAY RESULT FROM:

The Service or your use thereof
Your interactions with other Service users
Any decisions you make or actions you take based on the Service
Any third-party content, links, or services accessible through the Service;

(g) Equipment and Data Risks: YOU UNDERSTAND AND AGREE THAT YOU USE ANY PORTION OF THE SERVICE AT YOUR OWN DISCRETION AND RISK, AND THAT THE HYPTIDE PARTIES ARE NOT RESPONSIBLE FOR:

Any damage to your property (including your computer system, mobile device, or other equipment used in connection with the Service)
Any loss of data, including any user-generated content or personal information
Any costs incurred from accessing the Service (such as internet or data charges);

(h) Medical Disclaimers: THE HYPTIDE PARTIES MAKE NO WARRANTIES REGARDING:

The safety or appropriateness of the Service for individuals with medical or mental health conditions
The compatibility of the Service with any medications, treatments, or therapies
Any health or medical outcomes from using the Service
Any psychological or emotional effects of using the Service;

(i) Third-Party Services: THE HYPTIDE PARTIES DISCLAIM ALL WARRANTIES AND LIABILITY RELATED TO:

Third-party services, platforms, or providers (including app stores, payment processors, AI services)
Third-party content or links accessible through the Service
The accuracy, legality, or appropriateness of third-party information;

(j) Content Accuracy: THE HYPTIDE PARTIES DO NOT WARRANT:

That any content provided through the Service is accurate, current, complete, or reliable
That any information or advice provided through the Service is appropriate for your particular situation
That AI-generated content will be factually accurate or appropriate;

(k) Jurisdictional Limitations: SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS UNDER APPLICABLE LAW. IN SUCH CASES, THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS SET FORTH IN THESE TERMS WILL APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW; and

(l) Professional Advice Disclaimer: THE HYPTIDE PARTIES ARE NOT PROVIDING AND SPECIFICALLY DISCLAIM ANY:

Medical advice, diagnosis, or treatment
Psychological or mental health counseling or therapy
Professional healthcare services of any kind
Individualized recommendations for your specific situation.

THE DISCLAIMERS IN THIS SECTION APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. HYPTIDE DOES NOT DISCLAIM ANY WARRANTY OR OTHER RIGHT THAT HYPTIDE IS PROHIBITED FROM DISCLAIMING UNDER APPLICABLE LAW.

17. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW:

(a) Exclusion of Certain Damages: IN NO EVENT WILL THE HYPTIDE PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY:

Indirect damages
Incidental damages
Special damages
Consequential damages
Punitive damages
Exemplary damages

This exclusion applies regardless of the cause of action, including but not limited to:

Damages for loss of profits, revenue, business, or anticipated savings
Damages for loss of goodwill or reputation
Damages for loss of data or information
Damages for business interruption or loss of opportunity
Damages for emotional distress, mental anguish, or psychological harm
Damages for physical injury or personal injury (except where prohibited by law)
Damages for loss of use or loss of time
Any other intangible losses

This exclusion applies WHETHER OR NOT THE HYPTIDE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES and regardless of the legal theory on which the claim is based, including:

Warranty
Contract
Tort (including negligence)
Strict liability
Statute
Any other legal theory;

(b) Cap on Aggregate Liability: TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF THE HYPTIDE PARTIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO:

The use of or inability to use any portion of the Service
Any provision of or failure to provide the Service
These Terms
Any other matter relating to the Service

IS LIMITED TO THE GREATER OF:

(A) The amount you have paid to HypTide for access to and use of the Service in the 12 months immediately preceding the event or circumstance giving rise to the claim; OR
(B) CHF 100 (Swiss Francs One Hundred) or the equivalent in your local currency

This limitation applies in the aggregate for all claims, regardless of the number of claims or causes of action;

(c) Application Regardless of Remedy Failure: THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY PROVIDED IN THESE TERMS FAILS OF ITS ESSENTIAL PURPOSE;

(d) Basis of the Bargain: YOU ACKNOWLEDGE AND AGREE THAT:

The limitations of liability, disclaimers of warranties, and exclusions of damages in these Terms are fundamental elements of the basis of the bargain between HypTide and you
HypTide would not be able to provide the Service on an economically reasonable basis without these limitations
These limitations reflect a reasonable and fair allocation of risk between you and HypTide
You have been given the opportunity to review these limitations before agreeing to these Terms;

(e) Separate and Independent Provisions: EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. This allocation is an essential element of the basis of the bargain between the parties. Each of these provisions is severable and independent of all other provisions of these Terms;

(f) Risk Allocation: These limitations on liability are not intended to deprive you of any material rights under applicable consumer protection laws. Rather, they are intended to allocate risk fairly between sophisticated parties who have the opportunity to review these Terms;

(g) Jurisdictional Variations: SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS. If these laws apply to you, some or all of the above limitations or exclusions may not apply to you, and you may have additional rights under applicable law;

(h) Maximum Extent Permitted: In jurisdictions where limitations of liability are restricted, HypTide’s liability will be limited to the maximum extent permitted by applicable law. To the extent any limitation in these Terms is found to be invalid or unenforceable, HypTide’s liability shall be limited to the maximum extent permitted;

(i) No Liability for Third Parties: THE HYPTIDE PARTIES WILL NOT BE LIABLE FOR:

Any actions, omissions, or conduct of third parties, including other users of the Service
Any content provided by third parties
Any failure or deficiency of third-party services (including payment processors, app stores, internet service providers)
Any theft, destruction, unauthorized access, or alteration of user content or data caused by third parties;

(j) No Liability for Indirect Use: THE HYPTIDE PARTIES WILL NOT BE LIABLE FOR ANY LOSSES OR DAMAGES ARISING FROM:

Your failure to properly secure your account credentials
Your decision to share your account with others
Unauthorized access to your account by third parties
Your misuse of the Service or use in violation of these Terms
Your failure to follow instructions, warnings, or guidance provided by HypTide;

(k) Health-Related Limitation: Without limiting the generality of the foregoing, THE HYPTIDE PARTIES WILL NOT BE LIABLE FOR:

Any adverse physical or psychological effects from using the Service
Any injuries sustained while using the Service in an unsafe environment
Any worsening of pre-existing medical or mental health conditions
Any decisions you make regarding medical treatment based on use of the Service
Any failure to seek appropriate professional medical or mental health care; and

(l) Force Majeure: THE HYPTIDE PARTIES WILL NOT BE LIABLE FOR ANY DELAY OR FAILURE TO PERFORM RESULTING FROM CAUSES OUTSIDE THEIR REASONABLE CONTROL, including but not limited to:

Acts of God, natural disasters, extreme weather
War, terrorism, riots, civil unrest, insurrection
Government actions, embargoes, laws, regulations
Epidemics, pandemics, public health emergencies
Labor disputes, strikes
Failure of third-party services (internet, telecommunications, cloud services)
Cyberattacks, hacking, denial-of-service attacks
Fire, flood, earthquake, explosion
Shortages of materials, transportation, fuel, energy, labor
Any other event beyond our reasonable control.

YOU ACKNOWLEDGE THAT THESE LIMITATIONS ARE REASONABLE AND THAT YOU WOULD NOT ENTER INTO THESE TERMS WITHOUT THESE LIMITATIONS.

18. INDEMNIFICATION

18.1 Your Indemnification Obligations

You agree to indemnify, defend, and hold harmless HypTide, P&L Group GmbH, and our respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns (collectively, the „Indemnified Parties„) from and against any and all:

Claims
Demands
Actions
Liabilities
Losses
Damages
Judgments
Awards
Costs
Expenses (including reasonable attorneys‘ fees and court costs)

arising out of or relating to:

(a) Violation of Terms: Your violation of these Terms or any Additional Terms;

(b) Service Misuse: Your use or misuse of the Service, including:

Use in an unsafe environment
Use while driving or operating machinery
Use by individuals for whom the Service is not appropriate (e.g., persons with severe mental health conditions)
Use in violation of any warnings or restrictions;

Intellectual property rights
Privacy rights
Publicity rights
Other proprietary or personal rights;

(d) Legal Violations: Your violation of any applicable laws, rules, regulations, or ordinances;

(e) Injury or Damages: Any injury, death, property damage, or other damages of any kind arising from your use of the Service;

(f) False Information: Any false, misleading, or inaccurate information you provide to HypTide;

(g) Third-Party Claims: Any third-party claims, demands, or actions against the Indemnified Parties arising from your use of the Service or your conduct;

(h) User Content: Your submission of any content to the Service, including any claims that such content infringes any third-party rights;

(i) Account Security: Any unauthorized use of your account resulting from your failure to protect your account credentials;

(j) Inappropriate Use: Your use of the Service in any manner not expressly authorized by these Terms;

(k) Decisions and Actions: Any decisions you make or actions you take based on your use of the Service; or

(l) Cross-Border Litigation Costs: Any costs, expenses, or liabilities arising from your actions that subject P&L Group GmbH to jurisdiction in any country where it does not maintain a place of business, including but not limited to:

Costs of contesting personal jurisdiction in foreign courts
Costs of defending in inconvenient forums outside Switzerland
Costs related to enforcement or defense of foreign judgments
Translation and document authentication costs for international proceedings
International legal fees and Swiss counsel fees
Travel and logistics costs for international litigation
Costs of complying with foreign discovery or procedural requirements
Any other costs arising from cross-border legal proceedings initiated by or on behalf of you.

18.2 Indemnification Procedure

If the Indemnified Parties seek indemnification under this Section:

(a) We will provide you with prompt written notice of any claim, demand, or action for which indemnification is sought (provided that our failure to provide such notice will not relieve you of your indemnification obligations except to the extent you are materially prejudiced by such failure);

(b) You will have the right to control the defense and settlement of any such claim, demand, or action, provided that:

You may not settle any claim that requires any Indemnified Party to admit liability, pay any amount, or take (or refrain from taking) any action without our prior written consent; and
We reserve the right, at our own expense, to participate in the defense and settlement of any claim with counsel of our choosing;

(d) You will not agree to any settlement that imposes any obligation or liability on any Indemnified Party without our prior written consent.

18.3 Survival

Your indemnification obligations under this Section will survive termination of these Terms and your use of the Service.

19. DISPUTE RESOLUTION AND ARBITRATION (USA USERS)

THIS SECTION APPLIES ONLY TO USERS RESIDING IN THE UNITED STATES

19.1 Informal Dispute Resolution

Before initiating arbitration or litigation, you and HypTide agree to first attempt to resolve any dispute, claim, or controversy arising out of or relating to these Terms or the Service (collectively, „Disputes„) informally.

Process:

You agree to send a written notice to HypTide at hyptideteam@gmail.com describing the Dispute and your proposed resolution
HypTide will respond within 30 days with its proposed resolution
If the Dispute is not resolved within 60 days after the initial notice, either party may proceed to arbitration

19.2 Agreement to Arbitrate

YOU AND HYPTIDE AGREE THAT ANY DISPUTE WILL BE RESOLVED SOLELY BY BINDING, INDIVIDUAL ARBITRATION AND NOT IN A COURT OF LAW.

By agreeing to these Terms, you and HypTide are each waiving the right to:

A trial by jury
Participate in a class action or class-wide arbitration
Sue in court (except as provided in Section 18.4)

Scope of Arbitration Agreement: This arbitration agreement applies to all Disputes between you and HypTide, including but not limited to:

Claims arising from or relating to any aspect of the relationship between you and HypTide
Claims that arose before these Terms or any prior agreement
Claims that arise after termination of these Terms
Claims relating to advertising or marketing
Claims based on contract, tort, statute, fraud, misrepresentation, or any other legal theory

Exceptions: This arbitration agreement does not apply to:

Claims brought in small claims court (as long as the claim remains in small claims court and is not transferred, removed, or appealed to a different court)
Claims seeking injunctive or other equitable relief to prevent infringement or misappropriation of intellectual property rights
Claims that cannot be arbitrated as a matter of law

19.3 Arbitration Rules and Procedures

Arbitration Administrator: The arbitration will be administered by JAMS (Judicial Arbitration and Mediation Services) pursuant to its Comprehensive Arbitration Rules and Procedures (or successor rules) („JAMS Rules„), as modified by this arbitration provision. The JAMS Rules are available at www.jamsadr.com or by calling 1-800-352-5267.

Initiating Arbitration: A party who intends to seek arbitration must first send to the other party, by certified mail, a written notice of intent to arbitrate („Notice„). The Notice must:

Describe the nature and basis of the claim or dispute
Set forth the specific relief sought

You must send the Notice to: P&L Group GmbH (HypTide), c/o Legal Department, hyptideteam@gmail.com.

Arbitrator Selection: The arbitration will be conducted by a single neutral arbitrator selected in accordance with the JAMS Rules. The arbitrator must:

Be an active member of the bar in the state where the arbitration is conducted
Be either a retired judge or an attorney with at least 10 years of experience in commercial disputes

Arbitration Location: The arbitration will take place in Zurich, Switzerland, or at another location mutually agreed upon by the parties, or by telephone or video conference if the parties agree.

Arbitration Fees:

Each party will pay its own arbitration fees and costs as set forth in the JAMS Rules
If your claim is for less than $10,000, HypTide will pay all arbitration fees
If the arbitrator finds that either the substance of your claim or the relief sought is frivolous or brought for an improper purpose, the arbitrator may award fees and costs to the prevailing party as permitted by law

Arbitrator’s Authority: The arbitrator will decide the rights and liabilities, if any, of you and HypTide. The arbitration proceeding will not be consolidated with any other matters or joined with any other proceedings or parties. The arbitrator will have the authority to:

Grant motions dispositive of all or part of any claim
Award monetary damages and grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and these Terms (including the arbitration agreement)
Issue an award of attorneys‘ fees and costs if authorized by law
The arbitrator will issue a written award and statement of decision describing the essential findings and conclusions on which any award is based, including the calculation of any damages awarded

Arbitration Award: The arbitrator’s award will be binding on you and HypTide and may be entered as a judgment in any court of competent jurisdiction.

19.4 Class Action Waiver

YOU AND HYPTIDE AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

No Class Arbitrations: Unless both you and HypTide agree otherwise in writing, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a class, representative, or consolidated proceeding.

No Class Actions: You and HypTide agree that each party may bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class action, representative action, private attorney general action, or other similar proceeding.

Severability: If this class action waiver is found to be unenforceable with respect to any claim or request for relief, then that claim or request for relief (but not other claims or requests for relief) must be severed from the arbitration and may be brought in court. If any provision of this class action waiver is found to be invalid or unenforceable, the entire Section 18 (Dispute Resolution and Arbitration) will be null and void, except that the foregoing will not apply to the severability clause in Section 18.6.

19.5 Exception: Small Claims Court

Either you or HypTide may bring a claim in small claims court in the jurisdiction where you reside (or if a business, where you conduct business) as an alternative to arbitration, provided that:

The claim qualifies for small claims court jurisdiction under applicable law
The claim remains in small claims court and is not transferred, removed, or appealed to a different court
The claim is brought on an individual basis and not as a class, representative, or consolidated action

19.6 30-Day Right to Opt Out of Arbitration

You have the right to opt out of this arbitration agreement by sending written notice of your decision to opt out to: hyptideteam@gmail.com with the subject line „Arbitration Opt-Out.“

Your opt-out notice must:

Be sent within 30 days of your first acceptance of these Terms
State that you are opting out of the arbitration agreement
Include your name, email address, and the date you first accepted these Terms

If you opt out:

The arbitration provisions in Section 18 will not apply to you
All other provisions of these Terms will continue to apply
You and HypTide will resolve disputes in accordance with Section 19 (Governing Law and Jurisdiction) as modified by the removal of the arbitration requirement
The class action waiver in Section 18.4 will continue to apply unless prohibited by law

19.7 Severability

If any provision of this Section 19 is found to be unenforceable or unlawful for any reason:

That provision will be severed from these Terms
Severance of that provision will have no impact on the remainder of this Section 19 or the parties‘ ability to compel arbitration of any remaining claims
Exception: If the class action waiver in Section 19.4 is found to be unenforceable with respect to any claim, then the entirety of this Section 19 will be null and void (but only with respect to that claim)

19.8 Future Changes to Arbitration Agreement

Notwithstanding any provision in Section 20 (Modification of Terms) to the contrary, if HypTide makes any future change to this arbitration agreement (other than a change to the contact information listed above), you may reject the change by sending written notice to HypTide within 30 days of the change, in which case your account will be governed by the arbitration provisions in effect immediately before the changes you rejected.

20. GOVERNING LAW AND JURISDICTION

20.1 For Users Located in the United States

Governing Law: For users residing in the United States, these Terms and any Disputes (to the extent not subject to arbitration as provided in Section 18) shall be governed by and construed in accordance with the laws of the State of Delaware, without giving effect to any principles of conflicts of law that would result in the application of the laws of another jurisdiction.

Jurisdiction: To the extent permitted by Section 18 (for claims not subject to arbitration or where you have opted out of arbitration), you and HypTide agree to submit to the personal and exclusive jurisdiction of the state and federal courts located in New Castle County, Delaware, and you waive any jurisdictional, venue, or inconvenient forum objections to such courts.

20.2 For Users Located Outside the United States

Governing Law: For users residing outside the United States, these Terms and any Disputes shall be governed by and interpreted in accordance with the substantive laws of Switzerland, without giving effect to any principles of conflicts of law that would result in the application of the laws of another jurisdiction.

Exclusion of International Treaties: The United Nations Convention on Contracts for the International Sale of Goods (CISG) does not apply to these Terms or to any Disputes.

Jurisdiction: For users outside the United States, any legal action or proceeding relating to these Terms or the Service shall be brought exclusively in the competent courts of Zurich, Switzerland. Each party irrevocably consents to the exclusive jurisdiction and venue of such courts and waives any objection to the jurisdiction or venue of such courts on the basis of forum non conveniens or otherwise.

20.3 Limitation on US Jurisdiction (Swiss Company Notice)

Important Notice: P&L Group GmbH is a Swiss company with its principal place of business in Zurich, Switzerland, and has no offices, employees, subsidiaries, or physical presence in the United States.

No General Consent to US Jurisdiction: Except as expressly provided in Section 19 (Dispute Resolution and Arbitration for USA Users), P&L Group GmbH does not consent to the general jurisdiction of any court in the United States and specifically reserves all rights to contest personal jurisdiction, venue, and forum non conveniens in any US court proceeding.

Limited Submission for Arbitration Enforcement Only: To the extent P&L Group GmbH submits to US jurisdiction, such submission is limited solely to: (a) Enforcement of arbitration awards under Section 19 in accordance with the Federal Arbitration Act and the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards; and (b) Proceedings to compel arbitration or stay litigation in favor of arbitration as provided in Section 19.

Any attempted exercise of jurisdiction by US courts beyond these limited purposes is expressly rejected and will be vigorously contested.

Swiss Law Governs Corporate Matters: All matters relating to the corporate existence, structure, governance, and internal affairs of P&L Group GmbH are governed exclusively by Swiss law, and no US court has jurisdiction over such matters.

20.4 Location of Assets and Limitations on Enforcement

Notice Regarding Asset Location: P&L Group GmbH’s assets, including bank accounts, intellectual property, equipment, servers, and other property, are located primarily in Switzerland and other jurisdictions outside the United States.

No US-Based Assets: P&L Group GmbH does not maintain material assets, bank accounts, real property, or other property within the United States.

Recognition of Foreign Judgments: Users acknowledge and understand that:

(a) No Treaty with USA: Switzerland and the United States are not parties to any bilateral treaty requiring automatic recognition of civil judgments;

(b) Swiss Jurisdictional Standards: Swiss courts apply their own jurisdictional standards under the Swiss Federal Act on Private International Law (PILA) and may refuse to enforce US judgments that are based solely on „long-arm“ jurisdiction, „minimum contacts,“ or other bases that would not establish jurisdiction under Swiss law;

(c) Swiss Public Policy: Swiss courts may refuse to recognize US judgments that violate Swiss public policy (ordre public), including but not limited to:

Excessive punitive damages (not recognized in Swiss law)
Class action judgments where individual participation was minimal or absent
Judgments based on contingency fee arrangements or other practices inconsistent with Swiss legal principles
Default judgments where proper service was not effected under the Hague Service Convention;

(d) Limited Practical Remedies: The primary practical remedy for disputes with P&L Group GmbH is:

For USA users: Through the arbitration process specified in Section 19
For non-USA users: Through the Swiss courts as specified in Section 20.2
Arbitration awards under the New York Convention: Enforceable internationally, including in Switzerland;

(e) Enforcement Challenges: Even if a US court asserts jurisdiction and enters a judgment against P&L Group GmbH, practical enforcement may be difficult or impossible due to:

Lack of US assets available for attachment
Swiss law requirements for recognition of foreign judgments
Costs and delays of international enforcement proceedings
Swiss sovereign protection of Swiss companies from extraterritorial jurisdiction.

Practical Effect and User Acknowledgment: This disclosure does not limit your rights or remedies under applicable law, but informs you of the practical realities of enforcement against an international company domiciled outside your jurisdiction. By using the Service, you acknowledge that you have read and understood these limitations and that your use of the Service is voluntary with full knowledge of these circumstances.

20.5 Forum Non Conveniens

In any legal proceeding brought in a US court (except for arbitration enforcement proceedings under Section 19), P&L Group GmbH reserves all rights to move for dismissal based on forum non conveniens (inconvenient forum), arguing that Switzerland or another jurisdiction is a more appropriate forum given:

(a) P&L Group GmbH’s Swiss domicile and principal place of business in Zurich, Switzerland;

(b) The location of key witnesses, documents, evidence, and corporate records in Switzerland;

(c) The significant burden and expense on P&L Group GmbH of defending litigation in a distant forum where it has no presence;

(d) The availability of adequate alternative forums (Swiss courts or, for USA users, arbitration under Section 19);

(e) Swiss law’s strong connection to the corporate defendant and the dispute;

(f) The interests of justice and judicial efficiency in having disputes heard in the defendant’s home jurisdiction; and

(g) The absence of any material connection between the claims and the United States other than the plaintiff’s residence.

User Acknowledgment: By using the Service, you acknowledge that P&L Group GmbH is a Swiss company and that it may assert forum non conveniens and other procedural defenses if you attempt to sue it in a jurisdiction other than those specified in these Terms.

20.6 Waiver of Jury Trial (All Users)

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND HYPTIDE EACH IRREVOCABLY AND UNCONDITIONALLY WAIVE ANY RIGHT TO A TRIAL BY JURY in any legal proceeding arising out of or relating to these Terms, the Service, or any transactions contemplated hereby, whether arising in contract, tort, or otherwise.

Scope of Waiver: This waiver applies to: (a) All disputes subject to arbitration under Section 19 (arbitration by its nature has no jury trial); (b) Any disputes not subject to arbitration that proceed in court (whether in Switzerland, the US, or elsewhere); (c) All disputes even if you opt out of arbitration under Section 19.6; and (d) All disputes regardless of the type of claim (contract, tort, statutory, or otherwise).

Your Acknowledgment: You acknowledge and agree that:

Jury trials can result in unpredictable, inconsistent, and potentially excessive damage awards that are not based on legal principles;
Judges are better equipped than lay juries to evaluate complex technical, legal, and factual issues related to digital health services and AI technology;
This waiver is a material inducement for HypTide to provide the Service at accessible and reasonable prices;
You have had the opportunity to consult with legal counsel regarding this waiver before accepting these Terms;
This waiver is made knowingly, voluntarily, and with full understanding of its implications;
This waiver survives termination of these Terms and continues to apply to any disputes that may arise thereafter.

21. MODIFICATION OF TERMS

21.1 Right to Modify

HypTide reserves the right to change, modify, add, or remove provisions of these Terms (collectively, „Modifications„) at any time on a going-forward basis. We will notify you of material Modifications by:

Posting the updated Terms on our website with a new „Last Updated“ date
Sending you an email to the address associated with your account (if you have an account)
Providing in-app notification
Other reasonable means of notice

21.2 Material vs. Immaterial Modifications

Material Modifications are changes that materially affect your rights or obligations under these Terms, such as:

Changes to payment terms or pricing
Changes to arbitration or dispute resolution provisions
Changes to limitation of liability or warranty disclaimers
Significant changes to the scope of the Service
Changes that create new, or expand existing, obligations on you

Immaterial Modifications are minor changes that do not materially affect your rights, such as:

Clarifications of existing terms
Corrections of typos or formatting
Changes to contact information
Administrative updates

21.3 Acceptance of Modifications

For Material Modifications:

If a Modification materially changes your rights or obligations, we may require that you accept the modified Terms in order to continue using the Service
You can accept the modified Terms by clicking „I Accept“ or by continuing to use the Service after the effective date of the Modifications
If you do not agree to the material Modifications, you must stop using the Service and may cancel your subscription (if applicable)

For Immaterial Modifications:

Immaterial Modifications are effective immediately upon publication on our website
Your continued use of the Service after publication constitutes acceptance of the modified Terms

21.4 Review Responsibility

Please check these Terms periodically for changes. You are responsible for reviewing the Terms regularly. We recommend bookmarking this page and reviewing it before each use of the Service.

21.5 Disputes Governed by Original Terms

Except as expressly permitted in this Section 20, these Terms may be amended only by a written agreement signed by authorized representatives of both parties. Disputes arising under these Terms will be resolved in accordance with the version of these Terms that was in effect at the time the dispute arose, unless the parties agree otherwise.

22. TERM AND TERMINATION

22.1 Term

These Terms commence on the date you first access or use the Service and continue until terminated as provided in this Section 21.

22.2 Termination by You

You may terminate your account and stop using the Service at any time by:

Contacting us at hyptideteam@gmail.com and requesting account termination
Following the account deletion process in your account settings (if available)

If you have a paid subscription and terminate your account, you will retain access to premium features until the end of your current billing period, but you will not receive a refund for any unused portion (except as required by applicable law).

22.3 Termination by HypTide

HypTide reserves the right, in its sole discretion, to suspend or terminate your access to the Service or your account at any time, with or without notice, for any reason or no reason, including but not limited to:

Violation of these Terms or any Additional Terms
Fraudulent, abusive, or illegal activity
Extended periods of inactivity
Request by law enforcement or government agencies
Technical or security issues
Discontinuation or material modification of the Service
Any other reason in HypTide’s sole discretion

If we terminate your account for violation of these Terms, you will not be entitled to a refund of any fees paid.

22.4 Effect of Termination

Upon termination of your account or your access to the Service:

(a) License Termination: Your license to use the Service immediately terminates;

(b) Access Removed: You will lose access to the Service and any content associated with your account;

(c) Data Deletion: We may delete your account data, including your profile information, settings, progress, and any content you submitted, in accordance with our Privacy Policy and data retention policies. We are not obligated to retain any such data;

(d) Outstanding Obligations: You remain liable for all obligations incurred prior to termination, including any outstanding payment obligations;

(e) Survival: The following provisions survive termination of these Terms:

Section 9 (Ownership and Proprietary Rights)
Section 13 (Feedback)
Section 14 (Assumption of Risk)
Section 15 (Disclaimers)
Section 16 (Limitation of Liability)
Section 17 (Indemnification)
Section 18 (Dispute Resolution and Arbitration)
Section 19 (Governing Law and Jurisdiction)
This Section 21 (Term and Termination)
Section 22 (General Provisions)
Any other provision that by its nature should survive termination

22.5 No Liability for Termination

TO THE FULLEST EXTENT PERMITTED BY LAW, HYPTIDE WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY TERMINATION OR SUSPENSION OF YOUR ACCOUNT OR ACCESS TO THE SERVICE, OR FOR ANY DELETION OF YOUR CONTENT OR DATA.

22.6 Modification or Discontinuation of Service

We reserve the right to modify, suspend, or discontinue the Service (or any part or feature thereof) at any time, temporarily or permanently, with or without notice. You agree that HypTide will not be liable to you or any third party for any modification, suspension, or discontinuance of the Service.

23. GENERAL PROVISIONS

23.1 Entire Agreement

These Terms, together with:

The HypTide Privacy Policy (available at hyptide.com/privacy)
Any Additional Terms incorporated by reference or linked from these Terms
Any other agreements expressly referenced in these Terms

constitute the entire and exclusive understanding and agreement between you and HypTide regarding your use of the Service, and these Terms supersede and replace all prior oral or written understandings or agreements between you and HypTide regarding the Service.

23.2 Assignment

You may not assign or transfer these Terms, your account, or your rights under these Terms, in whole or in part, by operation of law or otherwise, without HypTide’s prior written consent. Any attempted assignment or transfer without such consent will be null and void.

HypTide may assign or transfer these Terms, in whole or in part, without restriction, including to:

Any affiliate or subsidiary of HypTide
Any successor or acquirer of HypTide’s business or assets
Any third party in connection with a merger, acquisition, reorganization, or sale of assets

23.3 Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction:

(a) The invalid provision will be modified and interpreted to accomplish the objectives of the provision to the greatest extent possible under applicable law;

(b) If such modification is not possible, the invalid provision will be severed from these Terms;

(d) The invalidity of any provision will not affect the validity or enforceability of any other provision.

Special Severability for Arbitration and Liability Provisions:

If any provision of Section 18 (Dispute Resolution and Arbitration) is found to be unenforceable, the specific severability provisions in Section 18.7 will apply
If any provision relating to limitation of liability (Section 16) is found to be unenforceable, HypTide’s liability will be limited to the maximum extent permitted by applicable law
These limitations are fundamental to the agreement between the parties

23.4 No Waiver

The failure of HypTide to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. No waiver by HypTide of any term or condition set forth in these Terms will be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure by HypTide to assert a right or provision under these Terms will not constitute a waiver of such right or provision.

Any waiver must be in writing and signed by an authorized representative of HypTide.

23.5 Notices

To HypTide: Any notices or other communications required or permitted under these Terms must be sent to:

Email: hyptideteam@gmail.com
Subject Line: Must clearly indicate the nature of the communication (e.g., „Arbitration Opt-Out,“ „Account Termination Request“)

To You: We may provide notices to you by:

Email to the address associated with your account
In-app notifications
Posting on our website or within the Service
Any other method permitted by applicable law

Notices are effective when sent (for email) or when posted (for other methods).

23.6 Force Majeure

HypTide shall not be liable for any delay or failure to perform any obligation under these Terms if such delay or failure results from causes beyond its reasonable control, including but not limited to:

Acts of God, natural disasters, extreme weather events
War, terrorism, riots, civil unrest, insurrection, rebellion
Government actions, laws, regulations, embargoes, sanctions
Epidemics, pandemics, public health emergencies, quarantines
Labor disputes, strikes, lockouts
Failure or disruption of public or private telecommunications networks, internet service providers, cloud services, or other third-party infrastructure
Cyberattacks, hacking, malware, denial-of-service attacks, data breaches
Fire, flood, earthquake, explosion, power outage
Shortages of materials, transportation, fuel, energy, labor, or equipment
Any other event or circumstance beyond HypTide’s reasonable control

23.7 Independent Contractors

You and HypTide are independent contractors. These Terms do not create any partnership, joint venture, employment, franchise, or agency relationship between you and HypTide. Neither party has the authority to bind the other or to incur obligations on the other’s behalf without the other party’s prior written consent.

23.8 Third-Party Beneficiaries

These Terms do not and are not intended to confer any rights or remedies upon any person or entity other than you and HypTide. No third party is intended to be a beneficiary of these Terms.

23.9 Headings and Section References

The headings and section titles in these Terms are for convenience only and have no legal or contractual effect. They do not affect the interpretation of these Terms.

23.10 Interpretation

Throughout these Terms:

„Including“ means „including but not limited to“
Singular terms include the plural and vice versa
„Or“ is not exclusive (i.e., „A or B“ means „A, B, or both A and B“)
References to „writing“ or „written“ include electronic communications
„Days“ means calendar days unless otherwise specified

23.11 Language

These Terms are prepared and executed in English. If these Terms are translated into any other language, the English version will prevail in the event of any conflict or inconsistency.

23.12 International Use and Export Compliance

The Service is controlled and operated from Switzerland and is intended for users worldwide who agree to be bound by these Terms. We make no representation that the Service is appropriate or available for use in all locations.

If you access the Service from outside Switzerland, you are responsible for compliance with all applicable local laws and regulations, including but not limited to:

Import/export restrictions
Data protection and privacy laws
Consumer protection laws
Laws regarding online content and communications

Export Restrictions: The Service may be subject to export control laws and regulations. You agree not to export, re-export, or transfer the Service or any related technical data, directly or indirectly, in violation of applicable export control laws.

23.13 No Support Obligation

HypTide is under no obligation to provide support, maintenance, updates, upgrades, or modifications for the Service. If we do offer support, it will be subject to published policies and available at our sole discretion. We may discontinue support at any time without notice or liability.

23.14 Government Use

If you are a U.S. government entity or using the Service on behalf of a U.S. government entity, the Service is „Commercial Computer Software“ and „Commercial Computer Software Documentation“ as defined in FAR 12.212 and DFARS 227.7202. Use, duplication, or disclosure by the U.S. Government is subject to the restrictions set forth in these Terms.

23.15 California Residents

Under California Civil Code Section 1789.3, California users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

23.16 Contact for Questions

If you have any questions, concerns, or complaints about these Terms or the Service, please contact us at hyptideteam@gmail.com. We will make reasonable efforts to respond to your inquiry within a reasonable timeframe.

23.17 FTC Health Breach Notification Rule Compliance

Data Breach Notification (Effective July 29, 2024):

HypTide complies with the Federal Trade Commission’s Health Breach Notification Rule (16 CFR Part 318), as amended and effective July 29, 2024. This rule requires us to notify you, the FTC, and in some cases the media, if there is a breach involving your unsecured personal health information.

What Constitutes a „Breach“: Under the FTC’s Health Breach Notification Rule, a „breach of security“ includes:

Unauthorized acquisition of your unsecured personal health information due to a cybersecurity incident
Unauthorized disclosure of your personal health information to third parties without your authorization (including sharing with advertisers, analytics companies, or other third parties in violation of our Privacy Policy)

Our Commitment:

We will notify you within 60 days of discovering any breach of your personal health information
We will notify the FTC as required by law
If a breach affects 500 or more individuals, we will also notify prominent media outlets
We implement reasonable security measures to protect your data (see our Privacy Policy for details)

Your Rights:

You have the right to be notified of breaches involving your personal health information
You can file complaints with the FTC if you believe we have violated the Health Breach Notification Rule
Complaints can be filed at: www.ftc.gov or by calling 1-877-FTC-HELP (1-877-382-4357)

Civil Penalties: Violations of the Health Breach Notification Rule can result in civil penalties of up to $51,744 per violation (as of January 2025, subject to annual inflation adjustments).

Third-Party Service Providers: We use third-party service providers (including AI providers, cloud storage, payment processors) who may access your personal health information. We require these providers to:

Maintain appropriate security safeguards
Notify us immediately of any breach or unauthorized disclosure
Comply with applicable privacy and security laws

Unauthorized Disclosures: We will not share your personal health information with third-party advertisers, data brokers, or marketing companies without your explicit, affirmative authorization. Any such sharing without authorization would constitute a breach requiring notification.

For more information about how we collect, use, secure, and share your personal health information, please review our Privacy Policy at hyptide.com/privacy.

24. CONTACT INFORMATION

HypTide is a product of:

P&L Group GmbH Zurich, Switzerland

Email: hyptideteam@gmail.com Website: www.hyptide.com

For legal notices, including arbitration opt-outs, DMCA notices, and termination requests, please email: hyptideteam@gmail.com with a clear subject line indicating the nature of your communication.

For customer support and general inquiries: hyptideteam@gmail.com

For privacy-related inquiries: Please refer to our Privacy Policy at hyptide.com/privacy or email hyptideteam@gmail.com with „Privacy Inquiry“ in the subject line.

ACKNOWLEDGMENT AND ACCEPTANCE

BY CLICKING „I ACCEPT,“ BY CREATING AN ACCOUNT, OR BY DOWNLOADING, INSTALLING, OR OTHERWISE ACCESSING OR USING THE SERVICE, YOU ACKNOWLEDGE THAT:

You have read and understood these Terms in their entirety
You agree to be legally bound by these Terms
You meet all eligibility requirements in Section 5
You have read and understood all health and safety warnings in Section 2
You understand that the Service uses AI technology as disclosed in Section 4
You understand that the Service is not medical treatment, therapy, or an „AI therapist“
You understand and accept the assumption of risk provisions in Section 15
You understand and accept the disclaimers in Section 16
You understand and accept the limitation of liability in Section 17
You agree to indemnify HypTide as set forth in Section 18, including for cross-border litigation costs
If you are a U.S. resident, you have read and understood the arbitration agreement and class action waiver in Section 19
You understand that P&L Group GmbH is a Swiss company with no US presence, as disclosed in Section 20.3
You acknowledge the practical limitations on enforcement of judgments against a Swiss company, as disclosed in Section 20.4
You waive your right to a jury trial as set forth in Section 20.6
You understand that these Terms contain provisions that limit HypTide’s liability and require you to resolve disputes through arbitration (if in the USA) or Swiss courts (if outside the USA)
You understand that HypTide complies with the FTC Health Breach Notification Rule (Section 23.17)

IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE SERVICE.

Effective December 8, 2025

HypTide Terms of Service

TABLE OF CONTENTS

1. WELCOME AND AGREEMENT TO TERMS

PLEASE READ THE FOLLOWING TERMS CAREFULLY

2. IMPORTANT HEALTH AND SAFETY DISCLAIMERS

⚠️ CRITICAL HEALTH DISCLAIMER – PLEASE READ CAREFULLY

NOT MEDICAL TREATMENT OR THERAPY

NO PROVIDER-PATIENT RELATIONSHIP

SEEK PROFESSIONAL MEDICAL ADVICE

MEDICAL EMERGENCIES AND CRISIS SITUATIONS

DO NOT USE IF YOU HAVE THESE CONDITIONS

KNOWN POTENTIAL RISKS OF HYPNOSIS AND MEDITATION

DISCONTINUE USE IF ADVERSE EFFECTS OCCUR

NO GUARANTEES OR CLAIMS OF EFFICACY

PARENTAL SUPERVISION FOR MINORS

3. HYPTIDE SERVICE OVERVIEW

What the Service Is NOT

4. ARTIFICIAL INTELLIGENCE DISCLOSURE AND TRANSPARENCY

4.1 Use of AI Technology

4.2 HypTide Is NOT an „AI Therapist“ or „AI Chatbot Therapist“

4.3 Limitations of AI-Generated Content

4.4 Your Responsibilities When Using AI-Generated Content

4.5 Data Privacy and AI Processing

4.6 Transparency Commitment

4.7 Updates to AI Technology

5. ELIGIBILITY

6. ACCOUNTS AND REGISTRATION

Account Security

7. USER REPRESENTATIONS AND WARRANTIES

8. PAYMENT TERMS

8.1 General Payment Terms

8.2 Free Trial

8.3 Subscription Service

8.4 Promotional Codes

8.5 Payment Method

8.6 Price Changes

8.7 Cancellation and Refunds

8.8 Taxes

9. LICENSES

9.1 Limited License to Use the Service

9.2 License Restrictions

9.3 Reservation of Rights

10. OWNERSHIP AND PROPRIETARY RIGHTS

Trademarks

Your Content

11. USER SAFETY AND APPROPRIATE USE

11.1 Your Responsibility for Safe Use

11.2 Limitation on Use for Specific Groups

12. PROHIBITED CONDUCT

13. COMMUNICATIONS

13.1 Electronic Communications Consent

13.2 Push Notifications

13.3 Marketing Emails

13.4 SMS/Text Messages

13.5 Contact Preferences

14. FEEDBACK

15. ASSUMPTION OF RISK

YOU EXPRESSLY ACKNOWLEDGE, UNDERSTAND, AND AGREE THAT:

BY USING THE SERVICE, YOU EXPRESSLY ASSUME ALL OF THE ABOVE RISKS AND WAIVE ANY CLAIMS AGAINST HYPTIDE RELATED TO THESE RISKS.

16. DISCLAIMERS

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW:

THE DISCLAIMERS IN THIS SECTION APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. HYPTIDE DOES NOT DISCLAIM ANY WARRANTY OR OTHER RIGHT THAT HYPTIDE IS PROHIBITED FROM DISCLAIMING UNDER APPLICABLE LAW.

17. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW:

YOU ACKNOWLEDGE THAT THESE LIMITATIONS ARE REASONABLE AND THAT YOU WOULD NOT ENTER INTO THESE TERMS WITHOUT THESE LIMITATIONS.

18. INDEMNIFICATION

18.1 Your Indemnification Obligations

18.2 Indemnification Procedure

18.3 Survival

19. DISPUTE RESOLUTION AND ARBITRATION (USA USERS)

THIS SECTION APPLIES ONLY TO USERS RESIDING IN THE UNITED STATES

19.1 Informal Dispute Resolution

19.2 Agreement to Arbitrate

19.3 Arbitration Rules and Procedures

19.4 Class Action Waiver

19.5 Exception: Small Claims Court

19.6 30-Day Right to Opt Out of Arbitration

19.7 Severability

19.8 Future Changes to Arbitration Agreement

20. GOVERNING LAW AND JURISDICTION