Terms of Service - Hypnu™ App | #1 Hypnosis App in the world

Terms and Conditions of hypnu

By downloading and using hypnu, you (hereafter “User”, “You”) agree to these Terms and Conditions (“Terms”). If you do not agree to these Terms, do not use hypnu.

These Terms govern your use of hypnu, and any other related agreement or legal relationship between You and the owner of hypnu Morpheus Hypnosis Ltd. (hereafter the “Owner”).

Please read these Terms carefully.

Although the entire contractual relationship relating to these Products is entered into solely by the Owner and Users, Users acknowledge and agree that, where hypnu has been provided to them via the Apple App Store, Apple may enforce these Terms as a third-party beneficiary.

“Hypnu” refers to:
1. this website, including its subdomains and any other website through which the Owner makes its services available;
2. applications for mobile, tablet and other smart device systems;
3. any applications, sample and content files, source code, scripts, instruction sets or software included as part of the Service, as well as any related documentation;
Service refers to the services and features provided by hypnu, including, but not limited to recordings, guides, etc.
The use of hypnu is age restricted: To access and use hypnu the User must be an adult under the applicable law of their place of residence.
The right of withdrawal only applies to European Consumers.
Hypnu automatically extends Product subscriptions. Information about the a) extension period, b) termination details and c) termination notice can be found in the relevant section of these Terms.
Single or additional conditions of use or access may apply in specific scenarios and in such cases are additionally indicated within this document.
By using hypnu, Users confirm to meet the following requirements:
1. The use hypnu is for personal use only. User may not use hypnu for any business or commercial purpose.
2. Users must be recognized as adult by the applicable law of their jurisdiction.
3. Users aren’t located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist-supporting” country.
4. Users aren’t listed on any U.S. Government list of prohibited or restricted parties.
Account registration
1. To use the Service Users must register or create a User account, providing all required data or information in a complete and truthful manner. Failure to do so will cause unavailability of hypnu.
2. Users are responsible for keeping their login credentials confidential and safe. For this reason, Users are also required to choose passwords that meet the highest standards of strength permitted by hypnu.
3. By registering, Users agree to be fully responsible for all activities that occur under their username and password.
4. Users are required to immediately and unambiguously inform the Owner via the contact details indicated in this document, if they think their personal information, including but not limited to User accounts, access credentials or personal data, have been violated, unduly disclosed or stolen.
Conditions for account registration

Registration of User accounts on hypnu is subject to the conditions outlined below. By registering, Users agree to meet such conditions.

1. Accounts registered by bots or any other automated methods are not permitted.
2. Unless otherwise specified, each User must register only one account.
3. Unless explicitly permitted, a User account may not be shared with other persons.
Account termination
1. Users can terminate their account and stop using hypnu at any time by doing the following:
2. By using the tools provided for account termination on hypnu.
3. By directly contacting the Owner at the contact details provided in this document.
4. However, termination of the account will not be possible until the subscription period paid for by the User has expired.
Account suspension and deletion
1. The Owner reserves the right, at its sole discretion, to suspend or delete at any time and without notice, User accounts which it deems inappropriate, offensive or in violation of these Terms.
2. The suspension or deletion of User accounts shall not entitle Users to any claims for compensation, damages or reimbursement.
3. The suspension or deletion of accounts due to causes attributable to the User does not exempt the User from paying any applicable fees or prices.
Content on hypnu
1. Unless where otherwise specified or clearly recognizable, all content available on hypnu is owned or provided by the Owner or its licensors.
2. The Owner undertakes its utmost effort to ensure that the content provided on hypnu infringes no applicable legal provisions or third-party rights. However, it may not always be possible to achieve such a result. In such cases, without prejudice to any legal prerogatives of Users to enforce their rights, Users are kindly asked to preferably report related complaints using the contact details provided on this website.
Rights regarding content on hypnu – All rights reserved
1. The Owner holds and reserves all intellectual property rights for any such content.
2. Users may not therefore use such content in any way that is not necessary or implicit in the proper use of hypnu.
3. In particular, but without limitation, Users may not copy, download, share (beyond the limits set forth below), modify, translate, transform, publish, transmit, sell, sublicense, edit, transfer/assign to third parties or create derivative works from the content available on hypnu, nor allow any third party to do so through the User or their device, even without the User’s knowledge.
4. Where explicitly stated on hypnu, the User may download, copy and/or share some content available through hypnu for its sole personal and non-commercial use and provided that the copyright attributions and all the other attributions requested by the Owner are correctly implemented.
5. Any applicable statutory limitation or exception to copyright shall stay unaffected.
Content provided by Users
1. The Owner may allow Users to upload, share or provide their own content to hypnu.
2. By providing content to hypnu, Users confirm that they are legally allowed to do so and that they are not infringing any statutory provisions and/or third-party rights.
Rights regarding content provided by Users
1. Users acknowledge and accept that by providing their own content on hypnu they grant the Owner a non-exclusive, fully paid-up and royalty-free license to process such content solely for the operation and maintenance of hypnu as contractually required.
2. To the extent permitted by applicable law, Users waive any moral rights in connection with content they provide to hypnu.
3. Users acknowledge, accept and confirm that all content they provide through hypnu is provided subject to the same general conditions set forth for content on hypnu.
Liability for User-generated content
1. Users are solely liable for any content they upload, post, share, or provide through hypnu. Users acknowledge and accept that the Owner does not filter or moderate such content.
2. However, the Owner reserves the right to remove, delete or block such content at its own discretion and, without prior notice, to deny the uploading User access to hypnu:
3. Where Owner has removed or deleted content from hypnu for any reason, the removal, deletion or blocking of content shall not entitle Users that have provided such content or that are liable for it, to any claims for compensation, damages or reimbursement.
4. Users agree to indemnify and hold the Owner harmless from and against any claim asserted and/or damage suffered due to content they provided to or provided through hypnu.
Removal of content from parts of hypnu available through the App Store
1. If any content provided by the User is deemed objectionable by any application store, or the Owner in their full and ultimate discretion, then User who provided the content may be barred from using hypnu.
Access to external resources
1. Through hypnu Users may have access to external resources provided by third parties. Users acknowledge and accept that the Owner has no control over such resources and is therefore not responsible for their content and availability.
2. Conditions applicable to any resources provided by third parties, including those applicable to any possible grant of rights in content, result from each such third parties’ terms and conditions or, in the absence of those, applicable statutory law.
Acceptable use
1. Hypnu and the Service may only be used within the scope of what they are provided for, under these Terms and applicable law.
2. Users are solely responsible for making sure that their use of hypnu and/or the Service violates no applicable law, regulations or third-party rights.
3. Therefore, the Owner reserves the right to take any appropriate measure to protect its legitimate interests including by denying Users access to hypnu or the Service, terminating contracts, reporting any misconduct performed through hypnu or the Service to the competent authorities – such as judicial or administrative authorities – whenever Users engage or are suspected to engage in any of the following activities:
  1. violate laws, regulations and/or these Terms;
  2. infringe any third-party rights;
  3. considerably impair the Owner’s legitimate interests;
  4. offend the Owner or any third party.
“Tell-a-friend”
1. From time to time, Hypnu may give Users the opportunity to receive advantages if, as a result of their recommendation, any new User purchases a Product offered on hypnu. In order to take advantage of this offer, Users may invite others to purchase the Products on hypnu by sending them a tell-a-friend code provided by the Owner. Such codes can only be redeemed once. If upon purchase of the Products on hypnu any of the persons invited redeems a tell-a-friend code, the inviting User shall receive the advantage or benefit (such as: a price reduction, an additional service feature, an upgrade etc.) specified on hypnu. Tell-a-friend codes may be limited to specific Products among those offered on hypnu.
2. The Owner reserves the right to end the offer at any time at its own discretion.
3. While no general limitation applies to the number of persons that can be invited, the amount of advantage or benefit that each inviting User can receive, may be limited.
Software license
1. Any intellectual or industrial property rights, and any other exclusive rights on software or technical applications embedded in or related to hypnu are held by the Owner and/or its licensors.
2. Subject to Users’ compliance with and notwithstanding any divergent provision of these Terms, the Owner merely grants Users a revocable, non-exclusive, non-sublicensable and non-transferable license to use the software and/or any other technical means embedded in the Service within the scope and for the purposes of hypnu and the Service offered.
3. This license does not grant Users any rights to access, usage or disclosure of the original source code. All techniques, algorithms, and procedures contained in the software and any documentation thereto related is the Owner’s or its licensors’ sole property.
4. All rights and license grants to Users shall immediately terminate upon any termination or expiration of the Agreement.
5. Without prejudice to the above, under this license Users may download, install, use and run the software on the permitted number of devices, provided that such devices are common and up-to-date in terms of technology and market standards.
6. The Owner reserves the right to release updates, fixes and further developments of hypnu and/or its related software and to provide them to Users for free. Users may need to download and install such updates to continue using hypnu and/or its related software.
7. New releases may only be available against payment of a fee.
8. The User may download, install, use and run the software on unlimited devices.
9. However, it may not be permitted to run the software on more than one device at a time.
Paid Products
1. Some of the Products provided on hypnu, as part of the Service, are provided on the basis of payment.
2. The fees, duration and conditions applicable to the purchase of such Products are described below and in the dedicated sections of hypnu.
3. To purchase Products, the User must register or log into hypnu.
Paid Product description
1. Prices, descriptions or availability of Products are outlined in the respective sections of hypnu and are subject to change without notice.
2. While Products on hypnu are presented with the greatest accuracy technically possible, representation on hypnu through any means (including, as the case may be, graphic material, images, colors, sounds) is for reference only and implies no warranty as to the characteristics of the purchased Product.
3. The characteristics of the chosen Product will be outlined during the purchasing process.
Purchasing process
1. Any steps taken from choosing a Product to order submission form part of the purchasing process.
Order submission.

When the User submits an order, the following applies:

1. The submission of an order determines contract conclusion and therefore creates for the User the obligation to pay the price, taxes and possible further fees and expenses, as specified on the order page.
2. In case the purchased Product requires an action from the User, such as the provision of personal information or data, specifications or special wishes, the order submission creates an obligation for the User to cooperate accordingly.
3. Upon submission of the order, Users will receive a receipt confirming that the order has been received.
4. All notifications related to the described purchasing process shall be sent to the email address provided by the User for such purposes.
Prices
1. Users are informed during the purchasing process and before order submission, about any fees, taxes and costs (including, if any, delivery costs) that they will be charged.
2. The Owner may offer discounts or provide special offers for the purchase of Products. Any such offer or discount shall always be subject to the eligibility criteria and the terms and conditions set out in the corresponding section of hypnu.
3. Offers and discounts are always granted at the Owner’s sole discretion.
4. Repeated or recurring offers or discounts create no claim/title or right that Users may enforce in the future.
5. Depending on the case, discounts or offers shall be valid for a limited time only or while stocks last. If an offer or discount is limited by time, the time indications refer to the time zone of the Owner, as indicated in the Owner’s location details in this document, unless otherwise specified.
Coupons
1. Offers or discounts can be based on Coupons.
2. If breach of the conditions applicable to Coupons occurs, the Owner can legitimately refuse to fulfill its contractual obligations and expressly reserves the right to take appropriate legal action to protect its rights and interests.
3. Notwithstanding the provisions below, any additional or diverging rules applicable to using the Coupon displayed in the corresponding information page or on the Coupon itself shall always prevail.
4. Unless otherwise stated, these rules apply to the use of Coupons:
5. Each Coupon is only valid when used in the manner and within the timeframe specified on the website and/or the Coupon;
6. A Coupon may only be applied, in its entirety, at the actual time of purchase – partial use is not permitted;
7. Unless otherwise stated, single-use Coupons may only be used once per purchase and therefore may only be applied a single time even in cases involving installment-based purchases;
8. A Coupon cannot be applied cumulatively;
9. The Coupon must be redeemed exclusively within the time specified in the offer. After this period, the Coupon will automatically expire, precluding any possibility for the User to claim the relevant rights, including cash-out;
10. The User is not entitled to any credit/refund/compensation if there is a difference between the value of the Coupon and the redeemed value;
11. The Coupon is intended solely for non–commercial use. Any reproduction, counterfeiting and commercial trade of the Coupon is strictly forbidden, along with any illegal activity related to the purchase and/or use of the Coupon.
Methods of payment
1. Information related to accepted payment methods are made available during the purchasing process.
2. Some payment methods may only be available subject to additional conditions or fees. In such cases related information can be found in the dedicated section of hypnu.
3. All payments are independently processed through third-party services. Therefore, hypnu does not collect any payment information – such as credit card details – but only receives a notification once the payment has been successfully completed.
4. If a payment through the available methods fails or is refused by the payment service provider, the Owner shall be under no obligation to fulfill the purchase order. If a payment fails or is refused, the Owner reserves the right to claim any related expenses or damages from the User.
Purchase via app store
1. Hypnu or specific Products available for sale on hypnu must be purchased via a third-party app store. To access such purchases, Users must follow the instructions provided on the relevant online store (such as “Apple App Store” or “Google Play”), which may vary depending on the particular device in use.
2. Unless otherwise specified, purchases done via third-party online stores are also subject to such third-parties’ terms and conditions, which, in case of any inconsistency or conflict, shall always prevail upon these Terms.
3. Users purchasing through such third-party online stores must therefore read such terms and conditions of sale carefully and accept them.
Retention of usage rights
1. Users do not acquire any rights to use the purchased Product until the total purchase price is received by the Owner.
Trial period
1. Users may have the option to test hypnu or selected Products during a limited and non-renewable trial period, at no cost. Some features or functions of hypnu may not be available to Users during the trial period.
2. Further conditions applicable to the trial period, including its duration, will be specified on hypnu.
3. If using a trial period, the trial period shall automatically convert into the equivalent paid Product, unless the User cancels the purchase before the trial period expires.
Subscriptions
1. Subscriptions allow Users to receive a Product continuously or regularly over time. Details regarding the type of subscription and termination are outlined below.
2. Fixed-term subscriptions
  1. Paid fixed-term subscriptions start on the day the payment is received by the Owner and last for the subscription period chosen by the User or otherwise specified during the purchasing process.
  2. Once the subscription period expires, the Product shall no longer be accessible.
3. Subscriptions handled via Apple ID
  1. Users may subscribe to a Product using the Apple ID associated with their Apple App Store account by using the relevant process on hypnu. When doing so, Users acknowledge and accept that
  2. any payment due shall be charged to their Apple ID account;
  3. subscriptions are automatically renewed for the same duration unless the User cancels at least 24 hours before the current period expires;
  4. any and all fees or payments due for renewal will be charged within 24-hours before the end of the current period;
  5. subscriptions can be managed or cancelled in the Users’ Apple App Store account settings.
  6. The above shall prevail upon any conflicting or diverging provision of these Terms.
Subscription Termination
1. Subscriptions may be terminated by sending a clear and unambiguous termination notice to the Owner using the contact details provided in this document, or — if applicable — by using the corresponding controls inside hypnu.
Automatic extension of fixed-term subscriptions
1. At the end of the initial term, subscriptions are automatically extended for an unlimited period, unless the User terminates before the end of such term.
2. The fee due upon extension will be charged on the payment method that the User chose during purchase.
3. After extension, the subscription will last for an indefinite period and may be terminated monthly.
4. Extended subscriptions may be terminated at any time by sending a clear and unambiguous termination notice to the Owner using the contact details provided in this document, or — if applicable — by using the corresponding controls inside hypnu.
5. If the notice of termination is received by the Owner by the end of the current month, the subscription shall expire at the end of such month.
Right of withdrawal
1. Unless exceptions apply, the User may be eligible to withdraw from the contract within the period specified below (generally 14 days), for any reason and without justification. Users can learn more about the withdrawal conditions within this section.
2. Unless any applicable exception is mentioned below, the right of withdrawal only applies to Users who are European Consumers are granted a statutory cancellation right under EU rules, to withdraw from contracts entered into online (distance contracts) within the specified period applicable to their case, for any reason and without justification.
3. Users that do not fit this qualification, cannot benefit from the rights described in this section.
Exercising the right of withdrawal
1. To exercise their right of withdrawal, Users must send to the Owner an unequivocal statement of their intention to withdraw from the contract.
2. To this end, Users may use the model withdrawal form available from within the “definitions” section of this document. Users are, however, free to express their intention to withdraw from the contract by making an unequivocal statement in any other suitable way. In order to meet the deadline within which they can exercise such right, Users must send the withdrawal notice before the withdrawal period expires.
3. The withdrawal period expires 14 days after the day that the contract is entered into, unless the User has waived the withdrawal right.
Effects of withdrawal
1. Users who correctly withdraw from a contract will be reimbursed by the Owner for all payments made to the Owner, including, if any, those covering the costs of delivery.
2. However, any additional costs resulting from the choice of a particular delivery method other than the least expensive type of standard delivery offered by the Owner, will not be reimbursed.
3. Such reimbursement shall be made without undue delay and, in any event, no later than 14 days from the day on which the Owner is informed of the User’s decision to withdraw from the contract. Unless otherwise agreed with the User, reimbursements will be made using the same means of payment as used to process the initial transaction. In any event, the User shall not incur any costs or fees as a result of such reimbursement.
4. Where a User exercises the right of withdrawal after having requested that the service be performed before the withdrawal period expires, the User shall pay to the Owner an amount which is in proportion to the part of service provided.
5. Such payment shall be calculated based on the fee contractually agreed upon, and be proportional to the part of service provided until the time the User withdraws, compared with the full coverage of the contract.
Indemnification
1. The User agrees to indemnify and hold the Owner and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners and employees harmless from and against any claim or demand — including but not limited to lawyer’s fees and costs — made by any third party due to or in relation with any culpable use of or connection to the Service, violation of these Terms, infringement of any third-party rights or statutory provision by the User or its affiliates, officers, directors, agents, co-branders, partners and employees to the extent allowed by applicable law.
Limitation of liability
1. Unless otherwise explicitly stated and without prejudice to applicable statutory product liability provisions, Users shall have no right to claim damages against the Owner (or any natural or legal person acting on its behalf).
2. This does not apply to damages to life, health or physical integrity, damages resulting from the breach of an essential contractual obligation such as any obligation strictly necessary to achieve the purpose of the contract, and/or damages resulting from intent or gross negligence, as long as hypnu has been appropriately and correctly used by the User.
3. Unless damages have been caused by way of intent or gross negligence, the Owner shall only be liable to the extent of typical and foreseeable damages at the moment the contract was entered into.
Australian Users – Limitation of liability
1. Nothing in these Terms excludes, restricts or modifies any guarantee, condition, warranty, right or remedy which the User may have under the Competition and Consumer Act 2010 (Cth) or any similar State and Territory legislation and which cannot be excluded, restricted or modified (non-excludable right). To the fullest extent permitted by law, our liability to the User, including liability for a breach of a non-excludable right and liability which is not otherwise excluded under these Terms of Use, is limited, at the Owner’s sole discretion, to the re-performance of the services or the payment of the cost of having the services supplied again.
USA Users – Disclaimer of Warranties
1. Hypnu is provided strictly on an “as is” and “as available” basis. Use of the Service is at Users’ own risk. To the maximum extent permitted by applicable law, the Owner expressly disclaims all conditions, representations, and warranties — whether express, implied, statutory or otherwise, including, but not limited to, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third-party rights. No advice or information, whether oral or written, obtained by user from owner or through the Service will create any warranty not expressly stated herein.
2. Without limiting the foregoing, the Owner, its subsidiaries, affiliates, licensors, officers, directors, agents, co-branders, partners, suppliers and employees do not warrant that the content is accurate, reliable or correct; that the Service will meet Users’ requirements; that the Service will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the Service is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the Service is downloaded at users own risk and users shall be solely responsible for any damage to Users’ computer system or mobile device or loss of data that results from such download or Users’ use of the Service.
3. The Owner does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Service or any hyperlinked website or service, and the Owner shall not be a party to or in any way monitor any transaction between Users and third-party providers of products or services.
4. The Service may become inaccessible or it may not function properly with Users’ web browser, mobile device, and/or operating system. The owner cannot be held liable for any perceived or actual damages arising from Service content, operation, or use of this Service.
5. Federal law, some states, and other jurisdictions, do not allow the exclusion and limitations of certain implied warranties. The above exclusions may not apply to Users. This Agreement gives Users specific legal rights, and Users may also have other rights which vary from state to state. The disclaimers and exclusions under this agreement shall not apply to the extent prohibited by applicable law.
USA Users – Limitations of liability
1. To the maximum extent permitted by applicable law, in no event shall the Owner, and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees be liable for
2. any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the Service; and
3. any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the Service or User account or the information contained therein;
4. any errors, mistakes, or inaccuracies of content;
5. personal injury or property damage, of any nature whatsoever, resulting from User access to or use of the Service;
6. any unauthorized access to or use of the Owner’s secure servers and/or any and all personal information stored therein;
7. any interruption or cessation of transmission to or from the Service;
8. any bugs, viruses, Trojan horses, or the like that may be transmitted to or through the Service;
9. any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Service; and/or
10. the defamatory, offensive, or illegal conduct of any User or third party. In no event shall the Owner, and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees be liable for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the amount paid by User to the Owner hereunder in the preceding 12 months, or the period of duration of this agreement between the Owner and User, whichever is shorter.
11. This limitation of liability section shall apply to the fullest extent permitted by law in the applicable jurisdiction whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if company has been advised of the possibility of such damage.
12. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, therefore the above limitations or exclusions may not apply to User. The terms give User specific legal rights, and User may also have other rights which vary from jurisdiction to jurisdiction. The disclaimers, exclusions, and limitations of liability under the terms shall not apply to the extent prohibited by applicable law.
Indemnification
1. The User agrees to defend, indemnify and hold the Owner and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees harmless from and against any and all claims or demands, damages, obligations, losses, liabilities, costs or debt, and expenses, including, but not limited to, legal fees and expenses, arising from
2. User’s use of and access to the Service, including any data or content transmitted or received by User;
3. User’s violation of these terms, including, but not limited to, User’s breach of any of the representations and warranties set forth in these terms;
4. User’s violation of any third-party rights, including, but not limited to, any right of privacy or intellectual property rights;
5. User’s violation of any statutory law, rule, or regulation;
6. any content that is submitted from User’s account, including third party access with User’s unique username, password or other security measure, if applicable, including, but not limited to, misleading, false, or inaccurate information;
7. User’s wilful misconduct; or
8. statutory provision by User or its affiliates, officers, directors, agents, co-branders, partners, suppliers and employees to the extent allowed by applicable law.
Disclaimer – hypnu is not a substitute for professional medical care
1. hypnu is not a substitute for medical care. User understands and agrees that the information and support provided through hypnu are not a substitute for professional medical care. hypnu is intended to enhance personal growth and emotional well-being, but it does not replace the diagnosis or treatment of medical or psychological conditions. User understands and agrees that if they are experiencing a medical emergency, mental health issues, or need medical advice, they need to consult a qualified healthcare professional immediately. User agrees to always seek the advice of their physician or other qualified health provider with any questions they may have regarding a medical condition.
Disclaimer – Use of hypnu and other activities is prohibited
1. The use of hypnu should be limited to when the User is fully focused on hypnu and not engaged in any other activity. When using hypnu a User may become distracted or otherwise lose focus. The use of hypnu while the User is engaged in other activities is strictly prohibited. User understands and agrees that they shall not use hypnu when driving, cycling, walking, running, exercising, operating machinery, cooking, or engaged in any other activity.
Disclaimer – Data
1. By using this service, you acknowledge that certain usage data may be collected and shared with third parties for analytical purposes, subscription management, push notifications or other similar uses. This data may include information about your interactions and preferences but will not personally identify you. We are committed to safeguarding your privacy and will ensure that any shared data is handled in accordance with applicable privacy laws and regulations. If you have any questions or concerns about how your data is used, please refer to our Privacy Policy.
No Waiver
1. The Owner’s failure to assert any right or provision under these Terms shall not constitute a waiver of any such right or provision. No waiver shall be considered a further or continuing waiver of such term or any other term.
Service interruption
1. To ensure the best possible service level, the Owner reserves the right to interrupt the Service for maintenance, system updates or any other changes, informing the Users appropriately.
2. Within the limits of law, the Owner may also decide to suspend or discontinue the Service altogether. If the Service is discontinued, the Owner will cooperate with Users to enable them to withdraw Personal Data or information and will respect Users’ rights relating to continued product use and/or compensation, as provided for by applicable law.
3. Additionally, the Service might not be available due to reasons outside the Owner’s reasonable control, such as “force majeure” events (infrastructural breakdowns or blackouts, etc.).
Service reselling
1. Users may not reproduce, duplicate, copy, sell, resell or exploit any portion of hypnu and of its Service without the Owner’s express prior written permission, granted either directly or through a legitimate reselling programme.
Privacy policy
1. To learn more about the use of their Personal Data, Users may refer to the Privacy Policy of hypnu.
Intellectual property rights
1. Without prejudice to any more specific provision of these Terms, any intellectual property rights, such as copyrights, trademark rights, patent rights and design rights related to hypnu are the exclusive property of the Owner or its licensors and are subject to the protection granted by applicable laws or international treaties relating to intellectual property.
2. All trademarks — nominal or figurative — and all other marks, trade names, service marks, word marks, illustrations, images, or logos appearing in connection with hypnu are, and remain, the exclusive property of the Owner or its licensors and are subject to the protection granted by applicable laws or international treaties related to intellectual property.
Changes to these Terms
1. The Owner reserves the right to amend or otherwise modify these Terms at any time. In such cases, the Owner will appropriately inform the User of these changes.
2. Such changes will only affect the relationship with the User from the date communicated to Users onward.
3. The continued use of the Service will signify the User’s acceptance of the revised Terms. If Users do not wish to be bound by the changes, they must stop using the Service and may terminate the Agreement.
4. The applicable previous version will govern the relationship prior to the User’s acceptance. The User can obtain any previous version from the Owner.
5. If legally required, the Owner will notify Users in advance of when the modified Terms will take effect.
Exception for Consumers in France
1. Regardless of the above, any change of these Terms shall be communicated in writing no later than one month prior to becoming effective. Should Consumers in France not accept the modified Terms, they shall have the right to terminate the Agreement without any penalty nor right to claim compensation up to four months following the day on which the modified Terms have become effective.
Assignment of contract
1. The Owner reserves the right to transfer, assign, dispose of by novation, or subcontract any or all rights or obligations under these Terms, taking the User’s legitimate interests into account. Provisions regarding changes of these Terms will apply accordingly.
2. Users may not assign or transfer their rights or obligations under these Terms in any way, without the written permission of the Owner.
Contacts
1. All communications relating to the use of hypnu must be sent using the contact information stated in this document.
Severability
1. Should any provision of these Terms be deemed or become invalid or unenforceable under applicable law, the invalidity or unenforceability of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect.
USA Users
1. Any such invalid or unenforceable provision will be interpreted, construed and reformed to the extent reasonably required to render it valid, enforceable and consistent with its original intent. These Terms constitute the entire Agreement between Users and the Owner with respect to the subject matter hereof, and supersede all other communications, including but not limited to all prior agreements, between the parties with respect to such subject matter. These Terms will be enforced to the fullest extent permitted by law.
EU Users
1. Should any provision of these Terms be or be deemed void, invalid or unenforceable, the parties shall do their best to find, in an amicable way, an agreement on valid and enforceable provisions thereby substituting the void, invalid or unenforceable parts.
  In case of failure to do so, the void, invalid or unenforceable provisions shall be replaced by the applicable statutory provisions, if so permitted or stated under the applicable law.
2. Without prejudice to the above, the nullity, invalidity or the impossibility to enforce a particular provision of these Terms shall not nullify the entire Agreement, unless the severed provisions are essential to the Agreement, or of such importance that the parties would not have entered into the contract if they had known that the provision would not be valid, or in cases where the remaining provisions would translate into an unacceptable hardship on any of the parties.
Governing law
1. These Terms are governed by the law Ontario, without regard to conflict of laws principles.
Venue of jurisdiction
1. The exclusive competence to decide on any controversy resulting from or connected to these Terms lies with the courts of the place where the Owner is based, as displayed in the relevant section of this document.
Exception for Consumers in Europe
1. The above does not apply to any Users that qualify as European Consumers, nor to Consumers based in the United Kingdom, Switzerland, Norway or Iceland.
UK Consumers
1. Consumers based in England and Wales may bring legal proceedings in connection with these Terms in the English and Welsh courts. Consumers based in Scotland may bring legal proceedings in connection with these Terms in either the Scottish or the English courts. Consumers based in Northern Ireland may bring legal proceedings in connection with these Terms in either the Northern Irish or the English courts.
USA Users
1. Each party specifically waives any right to trial by jury in any court in connection with any action or litigation.
  Any claims under these terms shall proceed individually and no party shall join in a class action or other proceeding with or on behalf of others.
Miscellaneous
1. This Agreement shall continue in effect until it is terminated by either hypnu or the User. Upon termination, the provisions contained in these Terms that by their context are intended to survive termination or expiration will survive, including but not limited to the following:
2. the User’s grant of licenses under these Terms shall survive indefinitely;
3. the User’s indemnification obligations shall survive for a period of five years from the date of termination;
4. the disclaimer of warranties and representations, and the stipulations under the section containing indemnity and limitation of liability provisions, shall survive indefinitely.
Dispute resolution
1. Amicable dispute resolution
  1. Users may bring any disputes to the Owner who will try to resolve them amicably.
  2. While Users’ right to take legal action shall always remain unaffected, in the event of any controversy regarding the use of hypnu or the Service, Users are kindly asked to contact the Owner at the contact details provided on this website.
  3. The User may submit the complaint including a brief description and if applicable, the details of the related order, purchase, or account, to the Owner’s email address specified on this website.
  4. The Owner will process the complaint without undue delay and within 21 days of receiving it.
2. Online dispute resolution for Consumers
  1. The European Commission has established an online platform for alternative dispute resolutions that facilitates an out-of-court method for solving disputes related to and stemming from online sale and service contracts.
  2. As a result, any European Consumer or Consumer based in Norway, Iceland, or Liechtenstein can use such platform for resolving disputes stemming from contracts which have been entered into online. The platform is available at the following link.
3. Germany: Dispute resolution procedure with Consumer conciliation boards
  1. The Owner does not participate in alternative dispute resolution procedures for Consumers under the German Verbraucherstreitbeilegungsgesetz.