Terms of Service

Last Updated: April 25, 2025

Welcome

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

HypTide Service Overview

The Service includes HypTide’s digital hypnosis and guided meditation program, offered through a mobile application (the „App“). The App features interactive hypnosis and guided meditation exercises. HypTide’s mission is to help people manage stress, improve sleep, and enhance overall well-being.

IMPORTANT HEALTH DISCLAIMER

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 purposes only.

ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL 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.

IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, call your doctor or emergency services immediately. HypTide does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Service.

IF YOU SUFFER FROM ANY SEVERE MENTAL ILLNESS OR CONDITION, you should consult with a qualified healthcare professional before using the Service. The Service is not designed for individuals with severe mental health conditions, and use of the Service by such individuals may not be appropriate.

IF YOU EXPERIENCE ANY ADVERSE EFFECTS while using the Service, discontinue use immediately and consult with a qualified healthcare professional.

Eligibility

You must be at least 18 years old to use the Service. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 18 years old; (b) you have not previously been suspended or removed from the Service; and (c) your registration and your use of the Service is in compliance with any and all applicable laws and regulations. If you are an entity, organization, or company, the individual accepting these Terms on your behalf represents and warrants that they have authority to bind you to these Terms and you agree to be bound by these Terms.

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 some information about yourself, such as your name and email address. You agree that the information you provide to us is accurate and that you will keep it accurate and up-to-date at all times. When you register, you will be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password, and you accept responsibility for all activities that occur under your account. If you believe that your account is no longer secure, then you must immediately notify us at hyptideteam@gmail.com.

General Payment Terms

Certain features of the Service may 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 and are non-refundable except as expressly provided in these Terms.

Subscription Service

The Service may include automatically recurring payments for periodic charges („Subscription Service“). If you activate a Subscription Service, you authorize HypTide or its partners to periodically charge, on a going-forward basis and until cancellation of either the recurring payments or your account, all accrued sums on or before the payment due date for the accrued sums. The „Subscription Billing Date“ is the date when you purchase your first subscription to the Service. Your account will be charged automatically on the Subscription Billing Date all applicable fees and taxes for the next subscription period. The subscription will continue unless and until you cancel your subscription or we terminate it. You must cancel your subscription before it renews in order to avoid billing of the next periodic Subscription Fee to your account. HypTide or its partners will bill the periodic Subscription Fee to the payment method you provide during registration (or to a different payment method if you change your payment information). For assistance with cancelling a subscription, contact HypTide at: hyptideteam@gmail.com.

Licenses

Limited License

Subject to your complete and ongoing compliance with these Terms, HypTide grants you, solely for your personal, non-commercial use, a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to: (a) install and use one object code copy of any mobile application associated with the Service obtained from a legitimate marketplace (whether installed by you or pre-installed on your mobile device by the device manufacturer) on a mobile device that you own or control; and (b) access and use the Service.

License Restrictions

Except and solely to the extent such a restriction is impermissible under applicable law, you may not: (a) reproduce, distribute, publicly display, or publicly perform the Service; (b) make modifications to the Service; or (c) interfere with or circumvent any feature of the Service, including any security or access control mechanism. If you are prohibited under applicable law from using the Service, you may not use it.

Feedback

If you choose to provide input and suggestions 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 right to exploit the Feedback in any manner and for any purpose, including to improve the Service and create other products and services.

Ownership; Proprietary Rights

The Service is owned and operated by HypTide. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Service („Materials“) provided by HypTide are protected by intellectual property and other laws. All Materials included in the Service are the property of HypTide or its third party licensors. Except as expressly authorized by HypTide, you may not make use of the Materials. HypTide reserves all rights to the Materials not granted expressly in these Terms.

Communications

Push Notifications

When you install our app on your mobile device, you agree to receive push notifications, which are messages an app sends you on your mobile device when the app is not on. You can turn off notifications by visiting your mobile device’s „settings“ page.

Email

We may send you emails concerning our products and services, as well as those of third parties. You may opt out of promotional emails by following the unsubscribe instructions in the promotional email itself.

Prohibited Conduct

BY USING THE SERVICE, YOU AGREE NOT TO:

• use the Service for any illegal purpose or in violation of any local, state, national, or international law;
• violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third party intellectual property right;
• interfere with security-related features of the Service, including by: (i) disabling or circumventing features that prevent or limit use or copying of any content; or (ii) reverse engineering or otherwise attempting to discover the source code of any portion of the Service except to the extent that the activity is expressly permitted by applicable law;
• interfere with the operation of the Service or any user’s enjoyment of the Service, including by: (i) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; (ii) making any unsolicited offer or advertisement to another user of the Service; (iii) collecting personal information about another user or third party without consent; or (iv) interfering with or disrupting any network, equipment, or server connected to or used to provide the Service;
• perform any fraudulent activity including impersonating any person or entity, claiming a false affiliation, accessing any other Service account without permission;
• sell or otherwise transfer the access granted under these Terms or any Materials or any right or ability to view, access, or use any Materials; or
• attempt to do any of the acts described in this section or assist or permit any person in engaging in any of the acts described in this section.

Modification of these Terms

We reserve the right to change these Terms on a going-forward basis at any time. Please check these Terms periodically for changes. If a change to these Terms materially modifies your rights or obligations, we may require that you accept the modified Terms in order to continue to use the Service. Material modifications are effective upon your acceptance of the modified Terms. Immaterial modifications are effective upon publication. Except as expressly permitted in this section, these Terms may be amended only by a written agreement signed by authorized representatives of the parties to these Terms. 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.

Term, Termination and Modification of the Service

We reserve the right to modify or discontinue, temporarily or permanently, the Service or any features or portions thereof without prior notice. You agree that HypTide will not be liable for any modification, suspension, or discontinuance of the Service or any part thereof.

Disclaimers

THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE ARE PROVIDED „AS IS“ AND ON AN „AS AVAILABLE“ BASIS. HYPTIDE DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. HYPTIDE DOES NOT WARRANT THAT THE SERVICE OR ANY PORTION OF THE SERVICE, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SERVICE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND HYPTIDE DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR HYPTIDE OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE WILL CREATE ANY WARRANTY REGARDING ANY OF HYPTIDE OR THE SERVICE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. WE ARE NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM THE SERVICE AND YOUR DEALING WITH ANY OTHER SERVICE USER. YOU UNDERSTAND AND AGREE THAT YOU USE ANY PORTION OF THE SERVICE AT YOUR OWN DISCRETION AND RISK, AND THAT WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICE) OR ANY LOSS OF DATA, INCLUDING USER CONTENT.

THE LIMITATIONS, EXCLUSIONS AND 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.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL HYPTIDE BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY MATERIALS OR CONTENT ON THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT HYPTIDE HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.

TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF HYPTIDE TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SERVICE OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, 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 PRIOR TO THE EVENT OR CIRCUMSTANCE GIVING RISE TO CLAIM; OR (B) CHF 100.

EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES 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. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

User Safety and Appropriate Use

YOU ACKNOWLEDGE AND AGREE THAT:

• You will not use the Service while driving, operating heavy machinery, or performing any other activity that requires your full attention.
• You will always maintain awareness of your surroundings and ensure you are in a safe environment before beginning any hypnosis or meditation sessions.
• You alone are responsible for creating and maintaining an appropriate environment for using the Service.
• The Service is not appropriate for use by individuals with certain mental health conditions including, but not limited to, psychosis, dissociative disorders, or severe psychiatric conditions.
• You will consult with a qualified healthcare provider before using the Service if you have any pre-existing physical or mental health conditions.

Governing Law and Jurisdiction

These Terms and any action related thereto will be governed and interpreted by and under the laws of Switzerland, without giving effect to any principles that provide for the application of the law of another jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.

Any legal action or proceeding relating to these Terms shall be brought exclusively in the courts of Zurich, Switzerland, and each party consents to the jurisdiction thereof.

Miscellaneous

General Terms

These Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference into these Terms, are the entire and exclusive understanding and agreement between you and HypTide regarding your use of the Service. 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. The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Terms, or any provision of these Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself. Use of section headers in these Terms is for convenience only and will not have any impact on the interpretation of any provision. Throughout these Terms the use of the word „including“ means „including but not limited to“. If any part of these Terms is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect.

Privacy Policy

Please read the HypTide Privacy Policy carefully for information relating to our collection, use, storage, disclosure of your personal information. The HypTide Privacy Policy is incorporated by this reference into, and made a part of, these Terms.

Additional Terms

Your use of the Service is subject to all additional terms, policies, rules, or guidelines applicable to the Service or certain features of the Service that we may post on or link to from the Service (the „Additional Terms“). All Additional Terms are incorporated by this reference into, and made a part of, these Terms.

Consent to Electronic Communications

By using the Service, you consent to receiving certain electronic communications from us as further described in our Privacy Policy. Please read our Privacy Policy to learn more about our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.

Contact Information

The Service is offered by P&L Group GmbH (operating as HypTide), located in Zurich, Switzerland. You may contact us by emailing us at hyptideteam@gmail.com.

International Use

The Service is intended for users located worldwide who agree to be bound by the terms of this agreement. We make no representation that the Service is appropriate or available for use in locations outside Switzerland. Access to the Service from countries or territories where such access is illegal is prohibited.

No Support

We are under no obligation to provide support for the Service. In instances where we may offer support, the support will be subject to published policies.

Severability

If any provision of these Terms is held invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.

Force Majeure

HypTide shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.