Terms of Service

HypTide – Self-Hypnosis Platform
Last Updated: October 2, 2026

P&L Group GmbH (operating as “HypTide,” “we,” “us,” or “our”)
In der Oberwis 3, 8123 Ebmatingen, Switzerland
Company registration number (UID): CHE-431.623.742

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. Communications
13. Feedback
14. Assumption of Risk
15. Disclaimers
16. Limitation of Liability
17. Indemnification
18. Governing Law and Dispute Resolution
19. Modification of Terms
20. Term and Termination
21. General Provisions
22. 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 checking the box to accept these Terms during registration, 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 hyptide.com/privacy-policy, explains how we collect, use, store, and protect your personal information.

1.3 Changes to Terms

We may modify these Terms from time to time as described in Section 19. 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.

2.2 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

2.3 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.

2.4 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)

2.5 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 audio 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
• 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. You are aware and agree that the use of the Services requires a functioning internet connection and that you are solely responsible for ensuring that you have such access.

3.3 Subscription-Based Service

The Service operates on a subscription basis. Each plan includes a monthly allowance of credits, which are used to create sessions (see Section 8.11). The Tide plan has no monthly credit limit and is subject to the fair use limits in Section 3.4. Details of subscription plans, pricing, and features are provided during the registration process and on our website.

3.4 Fair Use (Tide plan)

The Tide plan lets you create sessions without a monthly credit limit (“Unlimited”). It is intended for personal, non-commercial use by the account holder. To keep the Service reliable for everyone, the following fair use limits apply to Tide accounts:

(a) up to 6 sessions within any rolling 24-hour period, and

(b) up to 60 sessions within any rolling 30-day period.

Only sessions that are created successfully count towards these limits. Sessions that fail to generate do not count. When a limit is reached, you cannot create new sessions until enough earlier sessions fall outside the relevant period. Your existing sessions remain fully available in your library at all times.

We may raise these limits at any time. We may lower them only for future billing periods, after notifying you by email in advance; you may cancel before the change takes effect.

3.5 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.

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
6. Reporting Content: You can report inappropriate or concerning AI-generated content to info@pnlgroup.ch

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 2.2 and that you are suitable to use a self-guided wellness service of this nature.

6. Accounts and Registration

6.1 Account Creation

To access the Service, you must create an account. You accept that your account is personal and that you may access and use the Service through your account only for your own purposes.

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 that you are solely responsible for:

• Providing accurate, current, and complete information during registration
• Maintaining and promptly updating your account information
• 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 or if you believe that your account has been compromised in any other way, by sending an email at info@pnlgroup.ch

6.3 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

6.4 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 further represent and warrant that:

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

(b) You will not interfere with the Service, in particular by:

• Uploading viruses, malware, or malicious code
• Interfering with or disrupting the Service or servers
• Imposing unreasonable load on infrastructure
• Attempting to bypass security measures
• Attempting to manipulate, exploit, or abuse the AI generation capabilities of the Service

(c) You will not use the Service for any purpose other than described in these Terms or in a manner that could harm others

(d) Your use of the Service will not violate any applicable law or regulation or any third-party rights, including intellectual property rights, privacy rights or other proprietary rights

(e) You do not have any contraindications listed in Section 2.2 that would make the Service unsafe for you

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

8. Payment Terms

8.1 Subscription Plans and Subscription Fees

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 subscription plans with different credit allowances; the Tide plan has no monthly credit limit, subject to Section 3.4

Current pricing and plan details are available at hyptide.com and during the registration process. You owe the subscription fees according to the subscription plan you subscribe to, using the payment method offered by HypTide.

8.2 Recurring Billing

• Subscriptions automatically renew at the end of each billing period
• Payment must be made in advance for each billing period. Your payment method will be charged automatically unless you cancel before the renewal date

8.3 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

8.4 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 the current billing period
• No refunds for partial months or unused credits
• Cancellation of a subscription does not affect the validity of these Terms if you subscribe to a new subscription plan

8.5 Refund Policy

General Policy:

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

8.6 Price Changes

We reserve the right to change subscription fees 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

8.7 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

8.8 Taxes

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

8.9 Failed Payments

Should you fail to pay the fees owed until the first day of the new billing cycle, you are automatically in default. In this case, we may charge a reasonable reminder fee and interest as per applicable law. If you subsequently fail to pay the invoiced fees within a reasonable grace period set by us, we are entitled to restrict your access to use the Service, in total or in part, or terminate either the subscription or the agreement between you and us.

8.10 Currency

All prices are stated in United States Dollars (USD).

8.11 Credits

• Each paid billing period includes the number of credits of your plan, as shown in the app and on our website
• Credits are used to create sessions; different session types may use different numbers of credits
• Unused credits expire at the end of the billing period and do not carry over to the next period
• Credits have no cash value, are non-transferable and cannot be exchanged for money
• The Tide plan does not use monthly credits; the fair use limits in Section 3.4 apply instead

8.12 Plan Changes and Pause

• Upgrades take effect immediately. You are charged the prorated difference for the remainder of the current billing period and receive additional credits in proportion to the remaining period
• Downgrades take effect at the start of the next billing period. Until then, your current plan continues
• Pause: Where the Service offers a pause, your remaining credits are frozen during the pause and become available again when you resume. The conditions of the pause are shown in the app before you confirm it

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 and materials provided through it (see Section 10.1) 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

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 operated from Switzerland and hosted with service providers in the United States. 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
• Upon termination of these Terms
• 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 may be 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
• AI-generated and other content provided on the Service, such as audio content and voice synthesis, text, scripts, and other 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 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 or where loss of attention could cause harm or injury to yourself or others

(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 2.2

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.

12. Communications

12.1 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

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

12.2 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

We do not currently send marketing emails. If we introduce them, we will ask for your consent first, and every marketing email will contain an unsubscribe link.

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

12.3 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

12.4 Contact Preferences

You can contact us about your communication preferences at any time at info@pnlgroup.ch.

12.5 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.

13. Feedback

13.1 Voluntary Feedback

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

13.2 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.

13.3 No Obligation

HypTide has no obligation to:

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

14. Assumption of Risk

14.1 Voluntary Use

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

14.2 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

14.3 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

14.4 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.

15. Disclaimers

15.1 “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

15.2 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

15.3 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

15.4 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

15.5 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

15.6 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.

16. Limitation of Liability

16.1 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.

16.2 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)

16.3 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.

16.4 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 16 apply only to the maximum extent permitted by law.

16.5 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 to the extent permitted by applicable law.

17. Indemnification

17.1 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 these Terms

(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

17.2 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

17.3 Survival

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

18. Governing Law and Dispute Resolution

18.1 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.

18.2 Exclusive Jurisdiction

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.

19. Modification of Terms

19.1 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

19.2 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
• Limit your rights or available remedies

For material changes:

• You may be required to affirmatively accept the modified Terms
• If you do not accept, you may terminate your account before changes take effect

19.3 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.

19.4 Continued Use Constitutes Acceptance

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

19.5 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. Term and Termination

20.1 Term

These Terms commence when you accept them and continue until terminated as described in this Section 20.

20.2 Termination by You

You may terminate these Terms at any time by:

(a) Cancelling your subscription as described in Section 8.4 without subscribing to another subscription plan

(b) Deleting your account through account settings

(c) Contacting us at info@pnlgroup.ch

20.3 Termination by HypTide

We may terminate these Terms at the end of the current billing period with reasonable notice. We may also terminate these Terms 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)

20.4 Effect of Termination

Upon termination:

• Your access ends at the end of your current billing period except if you terminate the Terms by deleting your account, where access ends at the time of deletion of your account or if we terminate the Terms immediately for good cause
• Should you or we terminate these Terms before the end of the current billing period, we do not owe you any refunds for unused portions of subscription
• You must cease all use of the Service
• Sections that by their nature should survive termination will continue to apply (including Sections 14, 15, 16, 17, 18, 19, and 22)

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, except where expressly required by applicable law

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

21. General Provisions

21.1 Entire Agreement

These Terms, together with 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.

21.2 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.

21.3 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.

21.4 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

21.5 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

21.6 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.

21.7 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: info@pnlgroup.ch

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

21.8 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.

21.9 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.

21.10 No Agency

Nothing in these Terms creates any:

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

between you and HypTide.

22. Contact Information

22.1 Company Information

P&L Group GmbH
Operating as: HypTide
In der Oberwis 3, 8123 Ebmatingen, Switzerland
Company registration number (UID): CHE-431.623.742

22.2 Contact Method

Email: info@pnlgroup.ch
Website: https://www.hyptide.com

22.3 Response Time

We strive, but do not warrant, 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

22.4 Language

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