HYPTIDE TERMS OF SERVICE

Last Updated: December 16, 2025

P&L Group GmbH (operating as „HypTide,“ „we,“ „us,“ or „our“)
Registered Office: Zurich, Switzerland

TABLE OF CONTENTS

  1. Welcome and Agreement to Terms
  2. Health and Safety Disclaimers
  3. Service Overview
  4. Artificial Intelligence Disclosure and Transparency
  5. Eligibility
  6. Accounts and Registration
  7. User Representations and Warranties
  8. Payment Terms
  9. Licenses
  10. Ownership and Proprietary Rights
  11. User Safety and Appropriate Use
  12. Prohibited Conduct
  13. Communications
  14. Feedback
  15. Assumption of Risk
  16. Disclaimers
  17. Limitation of Liability
  18. Indemnification
  19. Governing Law and Dispute Resolution
  20. Modification of Terms
  21. Term and Termination
  22. General Provisions
  23. FTC Health Breach Notification Rule Compliance
  24. Contact Information

1. WELCOME AND AGREEMENT TO TERMS

Welcome to HypTide! These Terms of Service („Terms„) constitute a legally binding agreement between you („you“ or „User„) and P&L Group GmbH, a Swiss company operating as HypTide, regarding your access to and use of the HypTide web application, website (app.hyptide.com), and all related services (collectively, the „Service„).

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SERVICE.

1.1 Agreement to Terms

By clicking „I Accept,“ creating an account, or accessing or using the Service in any way, you acknowledge that:

  1. You have read and understood these Terms in their entirety
  2. You agree to be legally bound by these Terms
  3. You meet all eligibility requirements stated in Section 5
  4. You have read and understood all health and safety warnings in Section 2
  5. You understand the Service uses artificial intelligence as disclosed in Section 4
  6. You understand the Service is NOT medical treatment, therapy, or professional healthcare
  7. You voluntarily assume all risks associated with using the Service

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

1.2 Privacy Policy

Your privacy is important to us. Our Privacy Policy, available at [privacy policy URL], explains how we collect, use, store, and protect your personal information. By using the Service, you also agree to our Privacy Policy, which is incorporated into these Terms by reference.

1.3 Changes to Terms

We may modify these Terms from time to time as described in Section 20. Your continued use of the Service after changes become effective constitutes acceptance of the modified Terms.

2. HEALTH AND SAFETY DISCLAIMERS

2.1 Not Medical Treatment, Therapy, or Healthcare

CRITICAL: THE SERVICE IS NOT MEDICAL TREATMENT, THERAPY, DIAGNOSIS, OR PROFESSIONAL HEALTHCARE.

HypTide is a self-guided wellness and mental strength tool designed for personal development, stress management, and relaxation. The Service:

  • Is NOT a substitute for professional medical, psychological, or psychiatric care
  • Is NOT therapy, counseling, psychotherapy, or mental health treatment
  • Does NOT provide medical diagnosis, treatment recommendations, or prescriptions
  • Does NOT create a provider-patient, therapist-client, or healthcare professional-patient relationship
  • Is NOT intended to treat, cure, or prevent any disease or medical condition
  • Is NOT a regulated medical device under FDA or equivalent regulatory frameworks
  • Is NOT an „AI therapist“ or „digital therapeutic“

If you are experiencing a medical or mental health emergency, call emergency services immediately:

  • United States: 911 or 988 (Suicide & Crisis Lifeline)
  • Switzerland: 144 (Medical Emergency) or 143 (Dargebotene Hand/La Main Tendue)
  • Other Countries: Contact your local emergency services

2.2 Intended Use

The Service is intended as a general wellness tool for individuals seeking:

  • Stress reduction and relaxation techniques
  • Self-improvement and personal development
  • Mental strength and resilience building
  • Mindfulness and meditation practices
  • Support for healthy sleep habits

The Service is designed for use by generally healthy adults who are capable of making independent decisions about their wellness practices.

2.3 Contraindications and Warnings

DO NOT USE THE SERVICE IF YOU HAVE:

  • Epilepsy or Seizure Disorders: Hypnosis and guided relaxation may trigger seizures in susceptible individuals
  • Severe Mental Illness: Including but not limited to schizophrenia, schizoaffective disorder, or active psychosis
  • Dissociative Disorders: Including dissociative identity disorder (DID) or severe depersonalization/derealization disorder
  • Severe Depression with Active Suicidal Ideation: If you are currently experiencing suicidal thoughts, seek immediate professional help
  • Bipolar Disorder in Active Manic Phase: Hypnosis may exacerbate manic symptoms
  • Recent Severe Trauma: Individuals who have recently experienced severe psychological trauma should consult a mental health professional before using the Service

USE WITH CAUTION IF YOU HAVE:

  • Moderate depression or anxiety (consult healthcare provider)
  • Post-traumatic stress disorder (PTSD)
  • History of psychosis or hallucinations
  • Current use of psychotropic medications
  • Any condition that impairs judgment or decision-making

2.4 Consultation with Healthcare Professionals

YOU SHOULD CONSULT A QUALIFIED HEALTHCARE PROFESSIONAL BEFORE USING THE SERVICE IF:

  • You have any pre-existing medical or mental health conditions
  • You are currently under the care of a physician, psychiatrist, psychologist, or therapist
  • You are taking medications that affect your mental state or consciousness
  • You are pregnant or breastfeeding
  • You have concerns about whether the Service is appropriate for you
  • You experience any adverse effects from using the Service

The Service does not replace professional medical or mental health care. Always seek the advice of qualified healthcare professionals regarding any medical or psychological concerns.

2.5 Known Risks and Potential Side Effects

Use of the Service may involve the following risks:

  • Drowsiness or Altered Awareness: Sessions may induce deep relaxation or drowsiness
  • Disorientation: Temporary disorientation upon emerging from a session
  • Emotional Responses: Unexpected emotions, memories, or feelings may surface
  • Unwanted Memories: Past experiences or memories may be recalled
  • False Memories: While rare, hypnosis may in some cases create or distort memories
  • Temporary Anxiety: Some users may experience temporary increases in anxiety
  • Sleep Disturbances: Changes in sleep patterns (rare)

2.6 Safe Use Guidelines

To minimize risks when using the Service:

DO:

  • Use the Service in a safe, quiet, comfortable environment
  • Sit or lie down during sessions
  • Stop the session immediately if you feel uncomfortable or distressed
  • Ensure you can fully focus without interruption
  • Allow time to fully return to normal awareness after each session
  • Contact a healthcare professional if you experience persistent adverse effects

DO NOT:

  • Use the Service while driving, operating machinery, or engaging in any activity requiring alertness
  • Use the Service in any situation where loss of attention could cause harm or injury
  • Use the Service while under the influence of alcohol or drugs
  • Use the Service as a substitute for prescribed medical treatment or therapy
  • Discontinue prescribed medications without consulting your healthcare provider
  • Rely solely on the Service for managing serious medical or mental health conditions

2.7 Crisis Resources

If you are experiencing a crisis or mental health emergency:

Immediate Emergency (Life-Threatening):

  • United States: Call 911
  • Switzerland: Call 144
  • Other Countries: Contact local emergency services

Mental Health Crisis Support:

  • United States:
    • 988 Suicide & Crisis Lifeline (call or text 988)
    • Crisis Text Line (text HOME to 741741)
  • Switzerland:
    • Die Dargebotene Hand / La Main Tendue: 143
    • Pro Mente Sana: +41 848 800 858
  • International:
    • International Association for Suicide Prevention: https://www.iasp.info/resources/Crisis_Centres/

2.8 No Guarantee of Results

WE MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING:

  • The effectiveness of the Service for any particular individual
  • Specific outcomes or results from using the Service
  • The suitability of the Service for your personal circumstances
  • The prevention or treatment of any condition through use of the Service

Individual results vary significantly. The Service may be helpful for some users and not for others.

2.9 Your Responsibility

BY USING THE SERVICE, YOU ACKNOWLEDGE AND ACCEPT THAT:

  • You are solely responsible for determining whether the Service is appropriate for you
  • You assume all risks associated with using the Service
  • You will not rely on the Service as a substitute for professional medical or mental health care
  • You will immediately discontinue use if you experience adverse effects
  • You will seek professional help if needed

3. SERVICE OVERVIEW

3.1 Description of Service

HypTide is a web-based application that provides personalized, AI-generated self-hypnosis and guided meditation sessions. The Service includes:

  • Personalized Session Generation: Custom hypnosis scripts created based on your goals and preferences using artificial intelligence
  • Audio Delivery: Text-to-speech conversion of scripts into audio sessions
  • Session Library: Access to your personal collection of generated sessions
  • Progress Tracking: Tools to monitor your usage and engagement
  • Account Management: User profile and subscription management features

3.2 Web Application

The Service is delivered as a web application accessible through standard internet browsers. You do not need to download or install any mobile applications from app stores. The Service is accessed at app.hyptide.com and related domains.

3.3 Subscription-Based Service

The Service operates on a subscription basis with different tiers offering varying numbers of sessions per month. Details of subscription plans, pricing, and features are provided during the registration process and on our website.

3.4 Changes to Service

We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time, with or without notice. We are not liable for any modification, suspension, or discontinuation of the Service.

4. ARTIFICIAL INTELLIGENCE DISCLOSURE AND TRANSPARENCY

4.1 AI Technology Used

HypTide uses artificial intelligence (AI) technology to generate personalized content. Specifically:

Content Generation:

  • Anthropic Claude Sonnet is used to generate custom hypnosis scripts based on your inputs, preferences, and goals
  • Scripts are created in real-time using large language models (LLMs)
  • No human review or oversight occurs before scripts are delivered to you

Audio Generation:

  • OpenAI Text-to-Speech (TTS) technology converts written scripts into audio format
  • Voice synthesis is performed automatically without human intervention

4.2 What This Means for You

AI-Generated Content Characteristics:

  1. Not Human-Created: Content is generated by AI algorithms, not by licensed therapists, counselors, or healthcare professionals

  2. No Clinical Judgment: AI systems cannot exercise clinical judgment, assess your mental state, or provide individualized healthcare recommendations

  3. Potential for Errors: AI systems may occasionally produce:

    • Hallucinations: Factually incorrect or nonsensical statements
    • Inconsistencies: Contradictory information within or across sessions
    • Inappropriate Content: Content that may not be suitable for your situation (rare but possible)
    • Repetition: Repetitive phrases or concepts
    • Bias: Unintended biases present in training data

  4. No Real-Time Responsiveness: Unlike a human therapist, AI cannot:

    • Detect emotional distress or crisis situations
    • Respond dynamically to your current mental state
    • Provide emergency intervention
    • Adjust recommendations based on subtle cues

  5. Limited Context: AI generates content based on:

    • Information you explicitly provide
    • Predefined parameters and goals
    • Training data patterns
    • AI cannot access your medical history, mental health records, or full personal context

4.3 Not an „AI Therapist“ or Medical Device

IMPORTANT CLARIFICATION:

HypTide is NOT:

  • An „AI therapist“ or „digital therapist“
  • A medical device or digital therapeutic
  • A substitute for human clinical judgment
  • Capable of providing diagnosis, treatment, or healthcare
  • Subject to medical device regulations (not FDA-approved or CE-marked as a medical device)

HypTide IS:

  • A wellness tool using AI for content generation
  • A self-guided relaxation and personal development platform
  • A technology-assisted meditation and hypnosis service
  • Designed for general wellness purposes only

4.4 Data Processing and Third-Party AI Providers

Data Sent to AI Providers:

When you use the Service, certain information is transmitted to our AI technology providers:

To Anthropic (Claude):

  • Your session goals and preferences
  • Any customization inputs you provide
  • Session parameters (duration, focus areas, etc.)

To OpenAI (TTS):

  • The text script generated by Claude
  • Voice preference settings

Data Protection:

  • According to Anthropic’s and OpenAI’s terms of service, your data is not used to train their AI models
  • Data transmission is encrypted using industry-standard protocols
  • We have data processing agreements with both providers
  • Please review our Privacy Policy for complete details

4.5 Your Rights and Control

You Have the Right To:

  • Understand that all content is AI-generated
  • Request deletion of your data as described in our Privacy Policy
  • Discontinue use of the Service at any time
  • Provide feedback on AI-generated content quality
  • Report inappropriate or concerning AI-generated content to hyptideteam@gmail.com

4.6 Continuous Improvement

We continuously monitor and improve our AI systems to:

  • Reduce errors and hallucinations
  • Improve content relevance and quality
  • Enhance safety and appropriateness
  • Address user feedback

However, perfect AI performance cannot be guaranteed. You should always exercise your own judgment when using AI-generated content.

4.7 Regulatory Compliance

This disclosure is provided in accordance with:

  • Emerging AI transparency requirements in the European Union, United States, and other jurisdictions
  • FDA guidance on distinguishing „AI therapists“ from wellness applications
  • FTC guidance on AI disclosure and transparency
  • Consumer protection principles regarding automated decision-making

5. ELIGIBILITY

5.1 Age Requirement

You must be at least 18 years of age to use the Service. By using the Service, you represent and warrant that you are 18 years or older.

5.2 Legal Capacity

You must have the legal capacity to enter into binding contracts under the laws of your jurisdiction.

5.3 Compliance with Laws

Your use of the Service must comply with all applicable local, state, national, and international laws and regulations.

5.4 Not Previously Suspended

You represent that you have not previously been suspended or banned from using the Service.

5.5 Health Eligibility

You represent that you do not have any of the contraindications listed in Section 2.3 and that you are suitable to use a self-guided wellness service of this nature.

5.6 Entity Users

If you are accepting these Terms on behalf of an entity, organization, or company:

  • You represent and warrant that you have authority to bind that entity to these Terms
  • All references to „you“ in these Terms include both you as an individual and the entity you represent

6. ACCOUNTS AND REGISTRATION

6.1 Account Creation

To access the Service, you must create an account. During registration, you will provide:

  • Email address
  • Password
  • Payment information (for paid subscriptions)
  • Optional personal information to customize your experience

6.2 Accurate Information

You agree to:

  • Provide accurate, current, and complete information during registration
  • Maintain and promptly update your account information
  • Keep your information accurate at all times

6.3 Account Security

You are responsible for:

  • Maintaining the confidentiality of your password and account credentials
  • All activities that occur under your account
  • Immediately notifying us of any unauthorized access or security breach

If you believe your account has been compromised, immediately notify us at: hyptideteam@gmail.com

6.4 Account Transfer

You may not:

  • Transfer your account to another person
  • Share your account credentials with others
  • Allow others to access the Service through your account

6.5 Account Termination

We reserve the right to suspend or terminate your account at any time if:

  • You violate these Terms
  • Your account is used for fraudulent or illegal purposes
  • We are required to do so by law
  • We determine that your use of the Service poses a risk to us, other users, or third parties

7. USER REPRESENTATIONS AND WARRANTIES

By using the Service, you represent and warrant that:

(a) All information you provide to HypTide is accurate, current, and complete

(b) You will maintain the accuracy of such information and promptly update it as necessary

(c) You have the legal capacity and agree to comply with these Terms

(d) You are not located in a country subject to a government embargo or designated as a „terrorist supporting“ country

(e) You are not listed on any government list of prohibited or restricted parties

(f) You will not access the Service through automated or non-human means (bots, scripts, etc.)

(g) You will not use the Service for any illegal or unauthorized purpose

(h) Your use of the Service will not violate any applicable law or regulation

(i) You do not have any contraindications listed in Section 2.3 that would make the Service unsafe for you

(j) You understand the Service is not medical treatment and will not rely on it as such

8. PAYMENT TERMS

8.1 Subscription Plans

The Service is offered on a subscription basis with various pricing tiers:

  • Free Trial: New users may receive a limited free trial period
  • Paid Subscriptions: Monthly or annual subscription plans with different session allowances

Current pricing and plan details are available at hyptide.com and during the registration process.

8.2 Payment Authorization

By subscribing to a paid plan, you authorize HypTide to charge:

  • The subscription fee for your selected plan
  • All applicable taxes
  • Any additional fees disclosed at the time of purchase

8.3 Recurring Billing

Subscription Service:

  • Subscriptions automatically renew at the end of each billing period
  • Your payment method will be charged automatically unless you cancel before the renewal date
  • Billing Date: The date of your first subscription purchase
  • Renewal: Automatic renewal on each monthly or annual anniversary of your billing date

8.4 Payment Methods

We accept payment via:

  • Credit cards (Visa, Mastercard, American Express, Discover)
  • Debit cards
  • Other payment methods as indicated on the Service

Payment processing is handled securely by Stripe, Inc., a third-party payment processor.

8.5 Payment Information Updates

You agree to:

  • Provide current, complete, and accurate payment information
  • Promptly update your payment method if it expires or is no longer valid
  • Authorize us to obtain updated payment information from your financial institution

8.6 Cancellation

You may cancel your subscription at any time:

  • Log into your account and navigate to subscription settings
  • Cancellation takes effect at the end of the current billing period
  • You will retain access to the Service until the end of your paid period
  • No refunds for partial months or unused sessions

8.7 Refund Policy

General Policy:

  • All subscription fees are non-refundable
  • No refunds for partial billing periods
  • No refunds for unused sessions or features
  • Free trial cancellations: No charges if cancelled before trial ends

Exceptions:

We may, at our sole discretion, provide refunds in cases of:

  • Technical errors resulting in duplicate charges
  • Service outages preventing access for extended periods
  • Other exceptional circumstances as determined by HypTide

To request a refund, contact: hyptideteam@gmail.com

8.8 Price Changes

We reserve the right to change subscription prices at any time. Price changes:

  • Will be communicated at least 30 days in advance
  • Will not affect your current billing period
  • Will apply to subsequent billing periods after notice
  • You may cancel before price changes take effect

8.9 Promotional Codes and Offers

Promotional codes or special offers:

  • May be subject to additional terms and conditions
  • Cannot be combined unless explicitly stated
  • Are valid only for the period specified
  • May be revoked or modified at our discretion
  • Are non-transferable and have no cash value

8.10 Taxes

You are responsible for all applicable taxes based on your location. Prices displayed may or may not include taxes depending on your jurisdiction.

8.11 Failed Payments

If payment fails:

  • We will attempt to process payment multiple times
  • You will be notified via email
  • Your access may be suspended until payment succeeds
  • Your account may be terminated if payment issues persist

8.12 Currency

All prices are stated in United States Dollars (USD) or Swiss Francs (CHF) depending on your selected payment method.

9. LICENSES

9.1 Limited License to You

Subject to your compliance with these Terms, HypTide grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to:

(a) Access and use the Service through a web browser for your personal, non-commercial use

(b) Access and play audio sessions generated for your account

(c) View and interact with content provided through the Service

This license is personal to you and cannot be transferred or assigned.

9.2 License Restrictions

You may NOT:

(a) Copy, modify, distribute, sell, or lease any part of the Service

(b) Reverse engineer, decompile, or attempt to extract source code from the Service

(c) Circumvent or disable any security features or access controls

(d) Use the Service for any commercial purpose without express written permission

(e) Create derivative works based on the Service

(f) Frame or mirror any part of the Service on another website

(g) Use automated systems (bots, scrapers, etc.) to access the Service

(h) Remove, alter, or obscure any proprietary notices (copyright, trademark, etc.)

(i) Use the Service in any manner that could damage, disable, or impair the Service

(j) Attempt to gain unauthorized access to any systems or networks related to the Service

9.3 Geographic Restrictions

The Service is hosted in Switzerland and the European Economic Area. While accessible globally, the Service may not be available or appropriate for use in all jurisdictions. You are responsible for ensuring your use complies with local laws.

9.4 License Termination

This license automatically terminates if:

  • You violate these Terms
  • You cancel your subscription (at end of billing period)
  • We terminate your account
  • The Service is discontinued

Upon termination, you must immediately cease using the Service.

10. OWNERSHIP AND PROPRIETARY RIGHTS

10.1 HypTide Property

The Service and all materials provided through it are owned by HypTide and protected by:

  • Copyright law
  • Trademark law
  • Patent law
  • Trade secret law
  • Other intellectual property laws

„Materials“ include but are not limited to:

  • Software, code, and algorithms
  • Website design and user interface
  • Graphics, logos, and visual elements
  • Audio content and voice synthesis
  • Text, scripts, and written content
  • Databases and data structures
  • Trademarks and brand elements

10.2 Your Rights

Except for the limited license in Section 9, HypTide retains all rights, title, and interest in the Service and Materials. No ownership rights are transferred to you.

10.3 User Content

Content You Provide:

You may provide inputs, preferences, and information to customize your sessions („User Content„).

License to HypTide:

By providing User Content, you grant HypTide a worldwide, non-exclusive, royalty-free license to:

  • Use, store, and process your User Content to provide the Service
  • Analyze User Content to improve the Service (in aggregated, anonymized form)
  • Generate personalized sessions based on your User Content

Your Representations:

You represent that:

  • You own or have rights to all User Content you provide
  • Your User Content does not violate any third-party rights
  • Your User Content complies with these Terms

10.4 AI-Generated Content

Ownership of Generated Sessions:

While you have a personal license to use sessions generated for your account, HypTide retains ownership of:

  • The underlying AI technology and algorithms
  • The methodology for generating content
  • The Service infrastructure and systems

Personal Use:

Generated audio sessions are for your personal use only and may not be:

  • Redistributed or shared publicly
  • Used for commercial purposes
  • Modified or incorporated into other works

10.5 Feedback

Any suggestions, ideas, feedback, or recommendations you provide about the Service („Feedback„) may be used by HypTide without compensation or attribution. See Section 14 for details.

10.6 Trademarks

„HypTide“ and associated logos are trademarks of P&L Group GmbH. You may not use these trademarks without prior written permission.

11. USER SAFETY AND APPROPRIATE USE

11.1 Safe Environment Required

You agree to use the Service only in safe environments where:

  • You can sit or lie down comfortably
  • You will not be interrupted
  • You are not operating vehicles or machinery
  • You are not responsible for others‘ safety (e.g., childcare)
  • Loss of attention will not cause harm or injury

11.2 Prohibited Uses

YOU MUST NOT USE THE SERVICE:

(a) While driving or operating any vehicle or machinery

(b) In any situation requiring alertness, attention, or quick reactions

(c) While under the influence of alcohol or drugs

(d) As a substitute for medical treatment or prescribed therapy

(e) To self-treat serious medical or mental health conditions

(f) If you have any contraindications listed in Section 2.3

11.3 Monitoring Your Response

You agree to:

  • Monitor your own responses and reactions to the Service
  • Discontinue use immediately if you experience adverse effects
  • Seek professional help if needed
  • Not rely solely on the Service for mental health support

11.4 No Emergency Services

The Service is not capable of and does not provide emergency services. If you are experiencing an emergency, contact emergency services immediately (see Section 2.7 for crisis resources).

12. PROHIBITED CONDUCT

By using the Service, you agree NOT to:

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

(b) Infringe Rights: Violate or encourage others to violate any third-party rights, including intellectual property rights, privacy rights, or other proprietary rights

(c) Harm Others: Use the Service in any manner that could harm, harass, threaten, or intimidate any person

(d) Impersonate: Impersonate any person or entity, or falsely claim affiliation with any person or entity

(e) Unauthorized Access: Access any other user’s account without permission, or attempt to gain unauthorized access to the Service, systems, or networks

(f) Interfere with Service:

  • Upload viruses, malware, or malicious code
  • Interfere with or disrupt the Service or servers
  • Impose unreasonable load on infrastructure
  • Attempt to bypass security measures

(g) Automated Access: Use bots, scripts, or automated systems to access the Service without express permission

(h) Data Mining: Scrape, harvest, or collect user data without consent

(i) Reverse Engineering: Reverse engineer, decompile, or attempt to discover source code

(j) Commercial Use: Use the Service for commercial purposes without authorization

(k) Resell Access: Sell, rent, lease, or otherwise transfer your account or access rights

(l) Redistribute Content: Share, distribute, or publicly display content from the Service (including AI-generated sessions) without permission

(m) Misrepresent Service: Make false statements about the Service’s capabilities, effectiveness, or medical properties

(n) Abuse AI Systems: Attempt to manipulate, exploit, or abuse the AI generation capabilities

13. COMMUNICATIONS

13.1 Electronic Communications Consent

By using the Service, you consent to receive electronic communications from HypTide, including:

  • Service-related notifications
  • Account and billing information
  • Updates to Terms or policies
  • Marketing and promotional materials (if you opt in)

You agree that these electronic communications satisfy any legal requirement that communications be in writing.

13.2 Email Communications

We may send emails to the address associated with your account, including:

  • Transactional Emails: Account confirmations, password resets, payment receipts (cannot opt out)
  • Service Updates: Important changes to the Service or Terms
  • Marketing Emails: Promotional offers, new features, tips (you can opt out)

To opt out of marketing emails:

  • Click the „unsubscribe“ link in any marketing email, or
  • Adjust your email preferences in your account settings, or
  • Contact us at hyptideteam@gmail.com

You cannot opt out of transactional or service-related emails.

13.3 In-App Notifications

The Service may display notifications within the web application to inform you of:

  • New sessions available
  • Account status changes
  • Important updates or messages

You can manage notification preferences in your account settings.

13.4 Contact Preferences

You can update your communication preferences at any time by:

  • Logging into your account and accessing settings
  • Following unsubscribe instructions in emails
  • Contacting us at hyptideteam@gmail.com

13.5 No SMS/Text Messages

HypTide does not currently send SMS/text messages to users. If this changes in the future, we will obtain explicit consent before sending any text messages.

14. FEEDBACK

14.1 Voluntary Feedback

If you choose to provide feedback, suggestions, ideas, or recommendations about the Service („Feedback„), such Feedback is entirely voluntary.

14.2 License to Feedback

By providing Feedback, you grant HypTide an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free, worldwide license to:

  • Use, reproduce, modify, and distribute the Feedback
  • Incorporate Feedback into the Service or other products
  • Create derivative works based on Feedback
  • Commercialize products or services incorporating Feedback

No Compensation: You will not receive any compensation or attribution for Feedback.

No Confidentiality: Feedback is not confidential or proprietary, and you should not submit information you wish to keep confidential.

14.3 No Obligation

HypTide has no obligation to:

  • Review or consider Feedback
  • Implement Feedback
  • Keep Feedback confidential
  • Compensate you for Feedback

15. ASSUMPTION OF RISK

15.1 Voluntary Use

YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SERVICE IS ENTIRELY VOLUNTARY AND AT YOUR OWN RISK.

15.2 Risks Acknowledged

You understand and accept that:

(a) AI-Generated Content Risks:

  • Content is generated by AI without human oversight
  • AI may produce errors, inconsistencies, or inappropriate content
  • AI cannot assess your personal suitability for specific content

(b) Individual Variability:

  • Responses to hypnosis and meditation vary widely between individuals
  • What helps one person may not help another
  • Results cannot be predicted or guaranteed

(c) Psychological Risks:

  • Sessions may evoke unexpected emotional responses
  • Past memories or traumas may surface
  • Some individuals may experience increased anxiety or distress

(d) No Emergency Response:

  • The Service cannot detect crises or emergencies
  • No human intervention is available during sessions
  • You are responsible for your own safety

(e) No Medical Supervision:

  • No healthcare professionals review your use
  • No one is monitoring your reactions or wellbeing
  • You are responsible for determining appropriateness

15.3 Your Responsibilities

You agree that you are solely responsible for:

  • Determining whether the Service is appropriate for you
  • Creating a safe environment for use
  • Monitoring your own reactions and responses
  • Discontinuing use if adverse effects occur
  • Seeking professional help when needed
  • Not using the Service as a substitute for medical care

15.4 Release of Liability

To the fullest extent permitted by law, you release and discharge HypTide, P&L Group GmbH, and our officers, directors, employees, contractors, and agents from any and all claims, demands, or damages arising from your use of the Service, including but not limited to:

  • Physical injury or illness
  • Psychological or emotional distress
  • Adverse reactions to sessions
  • Unexpected memories or experiences
  • Any consequences of decisions made based on the Service

This release applies even if HypTide was advised of the possibility of such damages.

16. DISCLAIMERS

16.1 „AS IS“ and „AS AVAILABLE“

THE SERVICE IS PROVIDED „AS IS“ AND „AS AVAILABLE“ WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

TO THE FULLEST EXTENT PERMITTED BY LAW, HYPTIDE DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

(a) Implied Warranties:

  • MERCHANTABILITY
  • FITNESS FOR A PARTICULAR PURPOSE
  • TITLE
  • NON-INFRINGEMENT
  • QUIET ENJOYMENT
  • ACCURACY
  • QUALITY

(b) Service Performance:

  • Uninterrupted access or operation
  • Error-free performance
  • Security from unauthorized access
  • Freedom from viruses or harmful components
  • Accuracy or reliability of content
  • Correction of defects

(c) Results and Outcomes:

  • Effectiveness for any particular user
  • Specific results or outcomes
  • Improvement in any condition
  • Suitability for your personal circumstances

16.2 No Medical Advice

HYPTIDE DOES NOT PROVIDE MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT.

Any information provided through the Service is for general wellness purposes only and does not constitute:

  • Medical advice
  • Professional healthcare services
  • Diagnosis of any condition
  • Treatment recommendations
  • Substitute for professional care

16.3 Third-Party Content

HypTide is not responsible for:

  • Accuracy of AI-generated content
  • Third-party services or websites linked from the Service
  • Actions of payment processors or other service providers

16.4 No Guarantee of Access

We do not guarantee that:

  • The Service will be available at all times
  • Access will be uninterrupted or error-free
  • Defects will be corrected
  • Your data will never be lost

16.5 Your Risk

YOU UNDERSTAND AND AGREE THAT:

  • You use the Service at your own discretion and risk
  • You are solely responsible for any damage to your property or loss of data
  • No information obtained from HypTide creates any warranty not expressly stated in these Terms

16.6 Limitations on Disclaimer

Some jurisdictions do not allow disclaimers of implied warranties. In such jurisdictions, the foregoing disclaimers may not apply to you to the extent prohibited by law.

17. LIMITATION OF LIABILITY

17.1 No Indirect Damages

TO THE FULLEST EXTENT PERMITTED BY LAW, HYPTIDE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

  • Loss of profits or revenue
  • Loss of data or information
  • Loss of goodwill or reputation
  • Business interruption
  • Personal injury (except where prohibited by law)
  • Emotional distress
  • Cost of substitute services
  • Any other intangible losses

THIS LIMITATION APPLIES REGARDLESS OF THE LEGAL THEORY (CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE) AND EVEN IF HYPTIDE WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

17.2 Aggregate Liability Cap

TO THE FULLEST EXTENT PERMITTED BY LAW, THE TOTAL AGGREGATE LIABILITY OF HYPTIDE FOR ALL CLAIMS ARISING FROM OR RELATING TO THE SERVICE SHALL NOT EXCEED THE GREATER OF:

(a) The amount you paid to HypTide in the 12 months preceding the event giving rise to the claim, OR

(b) CHF 100 (One Hundred Swiss Francs)

17.3 Essential Element of Agreement

Each limitation of liability in these Terms:

  • Is an essential element of the agreement between you and HypTide
  • Allocates risks between the parties
  • Is reflected in the pricing of the Service
  • Would not be offered without these limitations
  • Is severable and independent of all other provisions

These limitations apply even if any limited remedy fails of its essential purpose.

17.4 Jurisdictional Limitations

Some jurisdictions do not allow:

  • Exclusion of implied warranties
  • Limitation of liability for incidental or consequential damages
  • Limitation of liability for personal injury

In such jurisdictions, the limitations in this Section 17 apply only to the maximum extent permitted by law.

17.5 Claims Must Be Filed Promptly

You agree that any claim arising from or relating to the Service must be filed within one (1) year after the cause of action arose. Claims filed after this period are permanently barred.

18. INDEMNIFICATION

18.1 Your Indemnification Obligations

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

  • Claims, demands, and actions
  • Liabilities, losses, and damages
  • Judgments and awards
  • Costs and expenses (including reasonable attorneys‘ fees)

Arising from or relating to:

(a) Violation of Terms: Your breach of these Terms or any applicable law

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

  • Use in unsafe environments
  • Use while driving or operating machinery
  • Use in violation of contraindications
  • Use despite warnings or safety guidelines

(c) Rights Violations: Your infringement of any third-party intellectual property rights, privacy rights, or other proprietary rights

(d) False Information: Any false, misleading, or inaccurate information you provide

(e) Injury or Damages: Any injury, illness, death, property damage, or other harm arising from your use of the Service

(f) Third-Party Claims: Claims by third parties arising from your use of the Service

(g) User Content: Your submission of User Content, including claims that such content infringes third-party rights

(h) Account Security: Unauthorized use of your account due to failure to protect credentials

(i) Prohibited Conduct: Your engagement in any prohibited conduct under Section 12

(j) Decisions and Actions: Decisions you make or actions you take based on the Service

(k) International Litigation: Costs, expenses, or liabilities arising from legal proceedings initiated outside Switzerland, including but not limited to:

  • Costs of contesting jurisdiction in foreign courts
  • International legal fees and Swiss counsel fees
  • Translation and document authentication costs
  • Travel and logistics for international proceedings
  • Compliance with foreign discovery or procedural requirements
  • Any other cross-border litigation expenses

18.2 Indemnification Procedure

If Indemnified Parties seek indemnification:

(a) We will promptly notify you in writing of the claim

(b) You will have the right to control the defense with counsel of your choice

(c) HypTide may participate in defense at its own expense

(d) You will not settle any claim without HypTide’s prior written consent if settlement:

  • Requires HypTide to admit liability
  • Imposes obligations on HypTide
  • Does not provide full release of all Indemnified Parties

(e) HypTide may assume defense if you fail to defend within reasonable time

18.3 Survival

These indemnification obligations survive termination of these Terms and your use of the Service.

19. GOVERNING LAW AND DISPUTE RESOLUTION

19.1 Governing Law

These Terms and any disputes arising from or relating to them shall be governed by and construed in accordance with the substantive laws of Switzerland, without giving effect to any conflict of law principles.

Exclusion of International Conventions:

The United Nations Convention on Contracts for the International Sale of Goods (CISG) does NOT apply to these Terms or to any disputes.

Swiss Corporate Law:

All matters relating to the corporate existence, structure, governance, and internal affairs of P&L Group GmbH are governed exclusively by Swiss law.

19.2 Exclusive Jurisdiction

Subject to the optional arbitration provisions in Section 19.3, any legal action or proceeding arising out of or relating to these Terms or the Service shall be brought exclusively in the competent courts of Zurich, Switzerland.

By using the Service, you irrevocably:

  • Consent to the exclusive jurisdiction of the Zurich courts
  • Submit to the personal jurisdiction of the Zurich courts
  • Waive any objection to jurisdiction or venue in Zurich courts
  • Waive any claim that Zurich courts are an inconvenient forum

19.3 Optional Arbitration

Either party may elect to resolve disputes through binding arbitration as an alternative to court proceedings.

Arbitration Terms:

Administering Body:

  • JAMS International (for parties outside Switzerland), or
  • Swiss Chambers‘ Arbitration Institution (for parties within Switzerland)

Arbitration Rules:

  • JAMS International Arbitration Rules, or
  • Swiss Rules of International Arbitration

Seat of Arbitration:

  • Zurich, Switzerland (default), or
  • Mutually agreed alternative location

Language: English

Number of Arbitrators: One (1) arbitrator (unless parties agree to three)

Arbitration Process:

(a) Notice of Arbitration: Party seeking arbitration must send written notice describing the dispute and relief sought

(b) Arbitrator Selection: As provided in applicable arbitration rules

(c) Discovery: As determined by arbitrator (typically more limited than court proceedings)

(d) Hearing: In-person, video, or telephone as determined by arbitrator

(e) Award: Arbitrator issues written award with findings and conclusions

(f) Finality: Award is final and binding, subject to very limited judicial review

(g) Enforcement: Enforceable in any court of competent jurisdiction under the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards (1958)

Small Claims Exception:

Either party may bring individual claims in small claims court of competent jurisdiction if the claims qualify under that court’s requirements.

30-Day Opt-Out:

You may opt out of this arbitration provision within 30 days after accepting these Terms by sending written notice to:

P&L Group GmbH
Attention: Legal Department – Arbitration Opt-Out
[Address]
Zurich, Switzerland

Your opt-out notice must include:

  • Your full legal name
  • Email address associated with your account
  • Statement: „I opt out of the arbitration provision in Section 19.3“

If you opt out, Section 19.2 (Exclusive Jurisdiction in Zurich courts) will apply to all disputes.

19.4 No Class Actions or Representative Proceedings

YOU AND HYPTIDE AGREE THAT:

All disputes must be brought in an individual capacity only, and NOT:

  • As a plaintiff or class member in any class action
  • As part of any representative proceeding
  • As part of any consolidated proceeding
  • On behalf of any other persons

The arbitrator or court may NOT:

  • Consolidate more than one person’s claims
  • Preside over any form of class or representative proceeding
  • Award relief to anyone other than the individual bringing the claim

If this class action waiver is found unenforceable, the arbitration provision in Section 19.3 shall be null and void (but the rest of these Terms remain in effect).

19.5 Waiver of Jury Trial

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND HYPTIDE IRREVOCABLY AND UNCONDITIONALLY WAIVE ANY RIGHT TO TRIAL BY JURY in any legal proceeding arising out of or relating to these Terms or the Service.

This waiver applies to:

  • All disputes, regardless of whether arbitrated or litigated
  • All claims, whether in contract, tort, statute, or otherwise
  • All proceedings, whether in Switzerland or elsewhere
  • All parties, including you, HypTide, and any third parties

You acknowledge and agree that:

  • Jury trials can result in unpredictable and potentially excessive damage awards
  • Judges and arbitrators are better equipped to evaluate complex technical and legal issues
  • This waiver is a material inducement for HypTide to provide the Service
  • You have had opportunity to consult with legal counsel regarding this waiver
  • This waiver is made knowingly, voluntarily, and with full understanding
  • This waiver survives termination of these Terms

19.6 Limited Consent to Foreign Jurisdiction

Important Notice Regarding International Jurisdiction:

P&L Group GmbH is a Swiss company with:

  • Registered office in Zurich, Switzerland
  • All operations conducted in Switzerland
  • No offices, employees, subsidiaries, or physical presence outside Switzerland

No General Consent to Foreign Jurisdiction:

Except as expressly provided in Section 19.3 (for arbitration enforcement), P&L Group GmbH does NOT consent to the general jurisdiction of any court outside Switzerland.

Limited Submission for Arbitration Only:

To the extent P&L Group GmbH submits to foreign jurisdiction, such submission is limited solely to:

(a) Enforcement of arbitration awards under Section 19.3 in accordance with the New York Convention

(b) Proceedings to compel arbitration or stay litigation in favor of arbitration as provided in Section 19.3

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

19.7 Forum Non Conveniens

In any legal proceeding brought in a court outside Switzerland (except for arbitration enforcement), P&L Group GmbH reserves all rights to move for dismissal based on forum non conveniens (inconvenient forum).

Factors Supporting Switzerland as Proper Forum:

(a) P&L Group GmbH’s Swiss domicile and registered office in Zurich

(b) Location of witnesses, documents, evidence, and corporate records in Switzerland

(c) Burden and expense on P&L Group GmbH of defending litigation in distant foreign forum

(d) Availability of adequate alternative forums (Swiss courts or arbitration under Section 19.3)

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

(f) Interests of justice and judicial efficiency in having disputes heard in defendant’s home jurisdiction

(g) Absence of material connection between claims and foreign forum other than plaintiff’s residence

By using the Service, you acknowledge that P&L Group GmbH may assert forum non conveniens and other procedural defenses if you initiate proceedings outside Switzerland.

19.8 Asset Location and International Enforcement

Notice Regarding Asset Location:

P&L Group GmbH’s assets, including bank accounts, intellectual property, equipment, servers, and other property, are located in Switzerland and other European jurisdictions.

No Foreign Assets:

P&L Group GmbH does not maintain material assets, bank accounts, real property, or other property outside Switzerland and the European Economic Area.

Recognition of Foreign Judgments:

Users acknowledge and understand that:

(a) No Automatic Recognition Treaties: Switzerland is not party to bilateral or multilateral treaties requiring automatic recognition of civil judgments with most countries (including the United States)

(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 foreign judgments that are based on jurisdictional theories not recognized under Swiss law

(c) Swiss Public Policy (Ordre Public): Swiss courts may refuse to recognize foreign judgments that violate Swiss public policy, including judgments involving:

  • Excessive punitive damages (not recognized in Swiss law)
  • Class action judgments where individual participation was minimal
  • Proceedings deemed procedurally unfair under Swiss standards
  • Outcomes inconsistent with fundamental Swiss legal principles

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

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

(e) Primary Practical Remedies: The primary practical remedies for disputes with P&L Group GmbH are:

  • Arbitration under Section 19.3 (enforceable internationally under New York Convention)
  • Swiss court proceedings under Section 19.2
  • Arbitration awards are generally more readily enforceable than court judgments

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.

19.9 Modification of Dispute Resolution Terms

If HypTide makes any future change to this Section 19 (other than changes to HypTide’s address), you may reject the change by sending written notice within 30 days of the change. If you reject the change:

  • Your account will be immediately terminated
  • This Section 19, as in effect immediately prior to the rejected changes, will survive and govern any disputes between us

19.10 Severability of Dispute Resolution Terms

If any portion of this Section 19 is found to be unenforceable:

  • The unenforceable portion shall be severed
  • The remaining portions shall remain in full force and effect
  • If Section 19.4 (No Class Actions) is found unenforceable, then Section 19.3 (Arbitration) shall be null and void, and all disputes shall be resolved in the Zurich courts under Section 19.2

20. MODIFICATION OF TERMS

20.1 Right to Modify

We reserve the right to modify these Terms at any time. When we make changes, we will:

  • Update the „Last Updated“ date at the top of these Terms
  • Notify you through the Service or via email
  • Provide at least 30 days‘ notice for material changes

20.2 Material Changes

Material modifications include changes that:

  • Increase your obligations or responsibilities
  • Reduce HypTide’s obligations to you
  • Modify dispute resolution procedures
  • Change governing law or jurisdiction
  • Alter pricing or payment terms
  • Limit your rights or available remedies

For material changes:

  • We will provide prominent notice at least 30 days before the effective date
  • You may be required to affirmatively accept the modified Terms
  • If you do not accept, you may terminate your account before changes take effect

20.3 Immaterial Changes

Immaterial modifications include:

  • Clarifications of existing provisions
  • Corrections of typographical errors
  • Updates to contact information
  • Changes required by law
  • Administrative or organizational changes

Immaterial changes are effective upon publication.

20.4 Continued Use Constitutes Acceptance

Your continued use of the Service after changes become effective constitutes acceptance of the modified Terms.

20.5 Disagreement with Changes

If you do not agree to modified Terms:

  • You must stop using the Service
  • You may terminate your account before changes take effect
  • No refunds for prepaid subscription periods

20.6 Dispute Resolution for Term Changes

Disputes arising under these Terms will be resolved in accordance with the version of these Terms (including the dispute resolution provisions) that was in effect at the time the dispute arose.

21. TERM AND TERMINATION

21.1 Term

These Terms commence when you accept them and continue until terminated as described in this Section 21.

21.2 Termination by You

You may terminate these Terms at any time by:

(a) Cancelling your subscription as described in Section 8.6

(b) Deleting your account through account settings

(c) Contacting us at hyptideteam@gmail.com

Upon termination:

  • Your access ends at the end of your current billing period
  • No refunds for unused portions of subscription
  • You must cease all use of the Service

21.3 Termination by HypTide

We may terminate or suspend your access to the Service immediately, without prior notice, if:

(a) You breach these Terms

(b) We are required to do so by law

(c) We believe your use creates risk to us, other users, or third parties

(d) You engage in fraudulent or illegal activity

(e) Your account has been inactive for an extended period

(f) We decide to discontinue the Service (with reasonable notice)

21.4 Effect of Termination

Upon termination:

(a) Access: Your right to access and use the Service immediately ceases

(b) Data: We may delete your account data as described in our Privacy Policy

(c) Payments: You remain responsible for any outstanding payment obligations

(d) Refunds: No refunds for prepaid subscription periods (except as required by law)

(e) Survival: Sections that by their nature should survive termination will continue to apply (including Sections 14, 15, 16, 17, 18, 19, and 22)

21.5 No Obligation to Retain Data

Upon termination, we have no obligation to:

  • Retain any User Content or account data
  • Provide access to your data
  • Forward your data to you or third parties

If you want to preserve your data, you should do so before termination.

21.6 Survival of Terms

The following provisions survive termination:

  • Section 10 (Ownership)
  • Section 14 (Feedback)
  • Section 15 (Assumption of Risk)
  • Section 16 (Disclaimers)
  • Section 17 (Limitation of Liability)
  • Section 18 (Indemnification)
  • Section 19 (Governing Law and Dispute Resolution)
  • Section 22 (General Provisions)
  • Any other provisions that by their nature should survive

22. GENERAL PROVISIONS

22.1 Entire Agreement

These Terms, together with:

  • Our Privacy Policy
  • Any Additional Terms applicable to specific features

constitute the entire agreement between you and HypTide regarding the Service and supersede all prior or contemporaneous agreements, communications, and proposals (whether oral or written) between you and HypTide.

22.2 Assignment

You may NOT:

  • Assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent

We may:

  • Assign these Terms at any time without notice or consent to:
    • Any affiliate or subsidiary
    • A successor entity in a merger, acquisition, or sale of assets
    • Any third party with or without notice

Any attempted assignment by you in violation of this Section is void.

22.3 Waiver

The failure of HypTide to enforce any right or provision of these Terms will not constitute a waiver of that right or provision.

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

A waiver of any breach or default is not a waiver of any subsequent breach or default.

22.4 Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable:

  • That provision shall be limited or eliminated to the minimum extent necessary
  • The remaining provisions shall remain in full force and effect
  • The unenforceable provision shall be replaced with an enforceable provision that most closely achieves the intended economic effect

Special Severability for Dispute Resolution:

If Section 19.4 (No Class Actions) is found unenforceable, then Section 19.3 (Arbitration) shall be null and void, but all other provisions of Section 19 and these Terms remain enforceable.

22.5 Force Majeure

HypTide is not liable for any failure or delay in performance due to causes beyond our reasonable control, including:

  • Acts of God (earthquakes, floods, storms)
  • War, terrorism, or civil unrest
  • Government actions or regulations
  • Labor disputes or strikes
  • Utility failures or interruptions
  • Internet or telecommunications failures
  • Cyberattacks or security incidents
  • Epidemics or pandemics
  • Supplier or vendor failures

22.6 No Third-Party Beneficiaries

These Terms are for the benefit of you and HypTide only. No third party has any right to enforce these Terms or benefit from any provision herein.

22.7 Notices

Notices to You:

We may provide notices to you through:

  • Email to the address associated with your account
  • Posting on the Service
  • In-app notifications

Notices are effective upon sending or posting.

Notices to HypTide:

You may provide legal notices to:

Email: hyptideteam@gmail.com

Legal notices must be sent via email and are effective upon receipt.

22.8 Interpretation

Section Headings: Section and subsection headings are for convenience only and do not affect interpretation.

Including: The word „including“ means „including but not limited to.“

Or: The word „or“ is not exclusive.

Ambiguities: Any ambiguity in these Terms shall not be construed against the drafter.

22.9 Language

These Terms are drafted in English. Any translations are provided for convenience only. In case of conflict between English and translated versions, the English version prevails.

22.10 No Agency

Nothing in these Terms creates any:

  • Agency relationship
  • Partnership
  • Joint venture
  • Employment relationship
  • Franchise relationship

between you and HypTide.

22.11 Electronic Signatures

You consent to electronically signing these Terms. Your electronic acceptance has the same legal effect as a handwritten signature.

22.12 Export Controls

You agree to comply with all applicable export control laws and regulations. You represent that you are not:

  • Located in a country subject to embargo
  • Designated as a „terrorist supporting“ country
  • Listed on any government list of prohibited or restricted parties

22.13 Government Use

If you are a government entity, the Service is a „Commercial Item“ as defined in FAR 2.101, consisting of „Commercial Computer Software“ and „Commercial Computer Software Documentation.“ Government use is subject to these Terms.

22.14 Injunctive Relief

You acknowledge that breach of these Terms may cause irreparable harm to HypTide for which monetary damages are inadequate. HypTide is entitled to seek injunctive relief without proving actual damages or posting bond.

22.15 Equitable Remedies

Despite the dispute resolution provisions in Section 19, either party may seek equitable remedies (injunctions, specific performance) in any court of competent jurisdiction to:

  • Protect intellectual property rights
  • Enforce confidentiality obligations
  • Prevent imminent harm

23. FTC HEALTH BREACH NOTIFICATION RULE COMPLIANCE

23.1 Overview

The U.S. Federal Trade Commission (FTC) Health Breach Notification Rule (16 CFR Part 318), as amended (effective July 29, 2024), requires vendors of personal health records and related entities to notify consumers, the FTC, and in some cases the media, of breaches of unsecured health information.

While HypTide is domiciled in Switzerland, we recognize that some of our users may be located in the United States, and we are committed to transparency regarding data security.

23.2 Applicability to HypTide

HypTide may be considered a „vendor of personal health records“ or „related entity“ under the Rule because we:

  • Offer a web-based application related to wellness and mental health
  • Collect, store, and process health-related information from users
  • Are not covered by HIPAA (we are not healthcare providers)

Therefore, we comply with the Health Breach Notification Rule.

23.3 What Constitutes a Breach

Under the Rule, a „breach of security“ means:

  • Unauthorized acquisition of unsecured identifiable health information
  • Maintained in electronic format
  • That compromises the security or privacy of such information

This includes:

  • Unauthorized access by employees or third parties
  • Cyberattacks or data breaches
  • Inadvertent disclosure to unauthorized recipients
  • Loss or theft of devices containing unsecured data
  • Unauthorized sharing with third parties (including advertisers or analytics companies) without user consent

Exceptions:

  • Breaches affecting fewer than 500 individuals (still reported to individuals, but different FTC notification requirements)
  • Acquisitions made in good faith by employees/agents for legitimate purposes (and not further disclosed)
  • Inadvertent disclosures between authorized persons that are not further disclosed

23.4 HypTide’s Notification Obligations

If a breach occurs, HypTide will:

(a) Notify Affected Users: Within 60 calendar days of discovering the breach

  • Via email to the address associated with your account
  • Or by postal mail if email is unavailable
  • Or by substitute notice (web posting + major media notice) if contact information is insufficient for >10 affected users

(b) Notify the FTC: Within 60 calendar days via the FTC’s online portal

(c) Notify Media (if applicable): If breach affects 500 or more individuals, notify prominent media outlets within 60 calendar days

23.5 Breach Notice Content

Breach notifications will include:

  • Description of the breach (date, circumstances)
  • Types of information involved
  • Steps HypTide is taking to investigate and address the breach
  • Steps you can take to protect yourself
  • Contact information for questions
  • Toll-free number or website for more information (if applicable)

23.6 No Unauthorized Sharing

HypTide does NOT:

  • Sell your health information to third parties
  • Share your health information with advertisers without your explicit consent
  • Disclose your information to unauthorized parties

Authorized Sharing: We share data only with:

  • Service providers necessary to operate the Service (Anthropic, OpenAI, Stripe) under data processing agreements
  • As required by law (subpoenas, court orders)
  • With your explicit consent

See our Privacy Policy for complete details.

23.7 Security Measures

HypTide implements reasonable security measures to protect your data, including:

  • Encryption of data in transit (TLS/SSL)
  • Encryption of data at rest
  • Access controls and authentication
  • Regular security assessments
  • Employee training on data protection
  • Incident response procedures

23.8 Your Rights

You have the right to:

  • Receive timely notification of breaches
  • Access your personal information (see Privacy Policy)
  • Request deletion of your data (see Privacy Policy)
  • Opt out of non-essential data sharing
  • File complaints with the FTC if you believe violations occurred

23.9 Penalties for Non-Compliance

The FTC can impose civil penalties for violations of the Health Breach Notification Rule.

HypTide takes compliance seriously and has implemented policies and procedures to meet all notification requirements.

23.10 Questions or Concerns

If you have questions about:

  • This notice
  • HypTide’s security practices
  • How your data is protected
  • Breach notification procedures

Contact us at: hyptideteam@gmail.com

To report a suspected breach or security incident: Email: hyptideteam@gmail.com
Subject: „Security Incident Report“

23.11 FTC Contact Information

To file a complaint or learn more about the Health Breach Notification Rule:

Federal Trade Commission
600 Pennsylvania Avenue, NW
Washington, DC 20580

Website: https://www.ftc.gov
Consumer Response Center: 1-877-FTC-HELP (1-877-382-4357)

23.12 Updates to This Section

We will update this section as needed to reflect:

  • Changes to the Health Breach Notification Rule
  • Changes to HypTide’s practices
  • Regulatory guidance or enforcement actions

Material changes will be communicated as described in Section 20.

24. CONTACT INFORMATION

24.1 Company Information

P&L Group GmbH
Operating as: HypTide
Registered Office: Zurich, Switzerland
Swiss Commercial Register: CHE-431.623.742

24.2 Contact Method

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

24.3 Response Time

We strive to respond to inquiries within:

  • General support: 48 hours (business days)
  • Legal notices: 5 business days
  • Security incidents: 24 hours
  • Urgent matters: As soon as reasonably possible

24.4 Language

Communications may be conducted in English or German depending on availability of staff. Primary business language is English.

ACKNOWLEDGMENT AND ACCEPTANCE

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

  1. You have read and understood these Terms in their entirety
  2. You agree to be legally bound by these Terms
  3. You meet all eligibility requirements in Section 5
  4. You have read and understood all health and safety warnings in Section 2
  5. You understand that the Service uses AI technology as disclosed in Section 4
  6. You understand that the Service is NOT medical treatment, therapy, or an „AI therapist“
  7. You understand and accept the assumption of risk provisions in Section 15
  8. You understand and accept the disclaimers in Section 16
  9. You understand and accept the limitation of liability in Section 17
  10. You agree to indemnify HypTide as set forth in Section 18
  11. You understand that disputes will be resolved under Swiss law in Zurich courts (Section 19.2) or through optional arbitration (Section 19.3)
  12. You understand that P&L Group GmbH is a Swiss company with no physical presence outside Switzerland
  13. You acknowledge the practical limitations on enforcement of judgments as disclosed in Section 19.8
  14. You waive your right to a jury trial as set forth in Section 19.5
  15. You waive your right to participate in class actions as set forth in Section 19.4
  16. You understand these Terms contain provisions that limit HypTide’s liability and require disputes to be resolved individually
  17. You understand that HypTide complies with the FTC Health Breach Notification Rule (Section 23)

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

Effective December 16, 2025

© 2025 P&L Group GmbH (operating as HypTide). All rights reserved.

HypTide™ and associated logos are trademarks of P&L Group GmbH.

END OF TERMS OF SERVICE