General Terms and Conditions
TERMS OF SERVICE
1. INTRODUCTION
1.1. Welcome to Hypnovy, Inc. (“Hypnovy”, “we”, “us”, “our”). Hypnovy is a company incorporated under the laws of the United States, with its registered address at 228 Park Ave S, New York, NY 10003.
1.2. Please carefully read and understand these Terms of Service (“Terms”) before making any purchases on our website, https://hypnovy.com (“Website”). These Terms constitute a legally binding agreement between you (“User”, “you”) and Hypnovy, governing your use of the Website and any purchases made therein.
1.3. By proceeding with a purchase on the Website, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree with any provision of these Terms, please refrain from making any purchases on the Website.
2. SERVICES AND PRICING
2.1. Hypnovy offers an Online Hypnotherapy Course (“Course”) consisting of audio sessions designed to help Users improve their relationship with food. The Course covers topics such as binge eating, reducing junk food and sugary food consumption, drinking more water, and maintaining a healthy diet (collectively referred to as “Services”).
2.2. Hypnovy provides various payment options for the Course, which are subject to change. Current subscription terms will be displayed on the Website’s checkout page. Users may purchase access to the Course through a one-time payment or a recurring subscription fee.
2.3. All Services provided by Hypnovy are for personal, non-commercial use only. The Course content is delivered digitally and is considered fully provided to the User once access to the digital content is granted.
2.4. Subscribers to the Course agree to pay the specified fees at the intervals displayed during the checkout process. Hypnovy may store an encrypted data file (token) to initiate recurring payments for subscription-based services.
2.5. The Course subscription will automatically renew for successive periods of the same duration as the initial subscription term, at the then-current non-promotional subscription rate, unless canceled by the User. Users authorize Hypnovy to charge the applicable recurring fees and any applicable taxes to the provided payment method until the subscription is canceled.
2.6. For multiple-period prepayment plans or promotional rates, the subscription will renew at the then-current non-promotional subscription rates at the start of the renewal period, unless otherwise specified during sign-up or prior to the renewal period.
2.7. When purchasing a monthly Course subscription for the first time, the User’s payment card will be charged the then-current price for one month of access. For annual subscriptions, the payment card will be charged the then-current price for one year of access.
2.8. If the User continues to use the monthly Course subscription after the first month, Hypnovy will continue to charge the then-current monthly price for each subsequent month of access. For annual subscriptions, Hypnovy will charge the then-current annual price for each subsequent year of access.
2.9. Users may cancel their Course subscription at any time by contacting Customer Support at support@hypnovy.com. Cancellation requests will be processed within 72 hours of receipt. Hypnovy reserves the right to collect any fees, surcharges, or costs incurred prior to the cancellation taking effect. Upon cancellation, the User’s subscription will remain active until the end of the then-current subscription period.
2.10. Hypnovy reserves the right to revise the fee, cancellation, and refund policies, upon reasonable advance notice communicated on the Website or through other appropriate means. Any changes will apply to all memberships created or renewed after the implementation date of such changes.
2.11. All prices for the Course are inclusive of applicable taxes. However, prices may be subject to change based on the prevailing tax rates in the User’s place of residence at the time of purchase.
3. USER RIGHTS AND OBLIGATIONS
3.1. By agreeing to these Terms and making a purchase on the Website, you represent and warrant that: (a) You are at least 18 years old or above the legal age required to enter into a binding agreement in your jurisdiction; (b) The contact, billing, and personal information provided by you is true and accurate; (c) You are authorized to use the provided credit card for the purchase, or you have obtained the necessary permissions from the cardholder to do so; (d) You are purchasing the Services for personal, non-commercial use only.
3.2. Users may contact Hypnovy’s customer support team via email or telephone at any time. The cost of using the support team is included in the Course price and does not incur additional charges.
3.3. Users may not use the Services for any illegal or unauthorized purpose or violate any applicable laws while using the Services. All content provided through the Services, including graphic designs and tests, is the property of Hypnovy and is protected by copyright laws. Unauthorized use of any copyrighted content without Hypnovy’s license constitutes copyright infringement.
3.4. Users acknowledge that the Website may not be accessible at all times, particularly during necessary hardware and software maintenance periods.
3.5. By agreeing to these Terms, Users confirm their understanding that the Services may not be refused once provided. However, Users have the right to terminate their membership at any time.
4. PROVIDER RIGHTS AND OBLIGATIONS
4.1. Hypnovy shall not be held responsible for any damages resulting from the completion or assessment of tests and/or games provided through the Services. Users acknowledge that test and/or game results are for entertainment purposes only and may vary between different tests.
4.2. Hypnovy does not guarantee the accuracy, completeness, or currency of the information made available on the Website. Reliance on any material on the Website is at the User’s own risk. The tests and games provided through the Services aim to improve Users’ knowledge but are not to be interpreted as diagnostic or indicative of any illness or disability.
4.3. While Hypnovy has made every effort to accurately display the colors and images of tests on the Website, the actual appearance may vary depending on the User’s computer monitor settings.
4.4. Hypnovy does not warrant that the Services will be uninterrupted or error-free and shall not be responsible for any service interruptions, system failures, or other interruptions that may affect the receipt, performance, completion, or settlement of transactions or the Services.
4.5. Hypnovy reserves the right to cancel a User’s purchase request and reject any payments made on the Website if there are reasonable grounds to believe that: Terms. (a) The User is purchasing the Services for industrial, commercial, or third-party use; (b) The User is younger than 18 years of age; (c) The User has not read or agreed to these terms and conditions.
5. PERSONAL DATA PROTECTION
5.1. Hypnovy takes reasonable precautions and follows industry best practices to protect Users’ personal information from loss, misuse, unauthorized access, disclosure, alteration, or destruction. Test results may be securely stored with the User’s details to help tailor and improve the Services.
5.2. Aggregated and anonymized User results may be used for research purposes and presented in various forms of media. No personally identifiable information will be included in these presentations.
5.3. Hypnovy handles all personal data with the utmost care and diligence and does not allow any unauthorized use. Personal data is collected and processed in accordance with all applicable laws. For more information on how Hypnovy uses and processes personal data, please refer to our Privacy Policy.
5.4. By accepting these Terms, Users agree that Hypnovy may use their personal data to fulfill its obligations regarding the provision of Services.
6. INTELLECTUAL PROPERTY
6.1. All intellectual property found on the Website or received while using the Services, including but not limited to the content of the Services, copyrights, logos, trademarks, and all other intellectual property, is owned by Hypnovy.
6.2. Users are prohibited from reproducing, editing, transmitting, publishing, or lending any materials or intellectual property related to the Services, in whole or in part, without Hypnovy’s prior written consent.
6.3. Nothing in these Terms shall be construed as a transfer of intellectual property rights in relation to the Services.
6.4. To enforce its intellectual property rights, Hypnovy reserves the right to impose restrictions on the number of devices or types of devices on which digital content related to the Services can be used.
6.5. If a User infringes upon Hypnovy’s intellectual property rights, Hypnovy will suspend access to the relevant digital content and reserves the right to recover from the User any losses suffered, including expenses incurred (e.g., legal costs), as a result of the infringement.
7. CANCELLATIONS AND REFUND POLICY
7.1. As all Services are provided in digital form, by agreeing to these Terms, Users confirm their understanding that the Services shall be considered delivered from the moment the digital content becomes available to the User.
7.2. In accordance with the provisions of the relevant consumer protection laws, Users confirm that they understand that digital content made available to them may not be canceled or returned to Hypnovy. Hypnovy is not obliged to provide refunds for any cancellations of Services delivered to the User prior to cancellation, unless otherwise stated in these Terms.
7.3. If a User purchases Course access on a trial basis (“Trial”), they will be charged for the Trial period shown on the checkout page. Users may cancel their subscription during the Trial period by sending an email to support@hypnovy.com. If a User cancels their subscription within the Trial period, they will not be charged further. If a User cancels their Course subscription after the Trial period, they will not be eligible for a refund, but recurring payments will be stopped. Users expressly authorize Hypnovy to automatically charge the applicable recurring fees and taxes to the provided payment method unless and until the subscription is canceled. If a User cancels prior to the end of a billing cycle for which they have already paid, they will have access to the Services until the end of that billing cycle.
7.4. Hypnovy is confident in the quality of its Services and wants to ensure User satisfaction. If, within the first 30 days from the date of purchase, a User fully participates by listening to 4 sessions of the Course and is unsatisfied, Hypnovy will provide a full refund of the amount paid. To request a refund, Users should contact customer support at support@hypnovy.com. This money-back guarantee is subject to verification that the User has completed all 4 sessions within the specified timeframe.
7.5. Users can cancel their Course subscription at any time by sending an email to customer support at support@hypnovy.com. To cancel the Services via email, Users should provide their full name, surname, email address, phone number, and a brief description of the reason for cancellation in the body of the message, with the subject line “Cancellation of Agreement.”
8. GOVERNING LAW AND DISPUTES
8.1. Users may contact Hypnovy’s customer support with any complaints regarding the Services. Hypnovy will use its best efforts to address complaints as soon as possible.
8.2. Written complaints or claims will be processed within 14 days of receipt. Hypnovy will use its best efforts to reach a positive settlement of the complaint or claim. Hypnovy may refuse to process complaints or claims provided in a form other than writing.
8.3. If an amicable settlement cannot be reached or if a User has other complaints about the goods or services, they may submit a request or complaint to their local consumer rights protection authorities or fill out a request/complaint form on the appropriate online dispute resolution platform. Users have the right to appeal to any court in their place of residence or to other institutions considering consumer disputes in the out-of-court procedure.
8.4. These Terms shall be governed by the laws of the United States, except when the User’s local laws specifically state that the national or international laws of the consumer’s place of residence can be applied.
9. DISCLAIMERS AND LIABILITY
9.1. TO THE FULLEST EXTENT PERMITTED BY LAW, HYPNOVY, ITS SUBSIDIARIES, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OF, OR INABILITY TO USE, THE WEBSITE, ITS MATERIALS, PRODUCTS, SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS, OR SERVICES MADE AVAILABLE THROUGH THE WEBSITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS INCLUDES DAMAGES ARISING FROM LINKS PROVIDED BY THE SERVICES OR THIRD PARTIES TO EXTERNAL SITES OR RESOURCES, DEALINGS WITH OR PARTICIPATION IN PROMOTIONS OF ADVERTISERS FOUND ON OR THROUGH THE SERVICES, OR ANY GOODS OR SERVICES SOLD BY SUCH THIRD PARTIES. HYPNOVY WILL NOT BE LIABLE FOR PROBLEMS CAUSED BY OTHERS, WRONGFUL OR UNLAWFUL ACTIONS OF THIRD PARTIES, OR ACTS OF GOD.
9.2. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES. IN SUCH JURISDICTIONS, HYPNOVY’S LIABILITY AND THE LIABILITY OF ITS SUBSIDIARIES OR AFFILIATES SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
9.3. The Website may provide links to third-party websites. Any information, products, software, or services provided on or through third-party sites are controlled by the operators of such sites and not by Hypnovy. Users access third-party sites at their own risk.
9.4. BY AGREEING TO THESE TERMS, USERS CONFIRM THEIR UNDERSTANDING THAT ALL SERVICES PROVIDED BY HYPNOVY ARE FOR RECREATIONAL PURPOSES ONLY. HYPNOVY SHALL NOT BE RESPONSIBLE FOR ANY DAMAGES OR LOSSES RELATED TO THE USE OF THE SERVICES FOR PURPOSES OTHER THAN THOSE STATED IN THESE TERMS.
9.5. HYPNOVY DOES NOT WARRANT THAT THE WEBSITE OR ANY OF ITS CONTENT WILL BE ACCESSIBLE AT ALL TIMES, UNINTERRUPTED, OR ERROR-FREE.
9.6. The Website does not contain professional or definitively accurate product/service advice and/or opinions. The product/service information and/or opinions are provided for entertainment and educational purposes only and are not a substitute for professional advice. Before taking any actions based on their scores, Users are encouraged to consult with appropriate professionals. HYPNOVY DOES NOT PROVIDE ANY KIND OF PROFESSIONAL OR DEFINITIVELY ACCURATE PRODUCT/SERVICE ADVICE. THE USE OF OR RELIANCE ON ANY INFORMATION CONTAINED ON THE WEBSITE IS SOLELY AT THE USER’S OWN RISK.
9.7. HYPNOVY MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE CORRECTNESS, ACCURACY, TIMELINESS, OR RELIABILITY OF THE WEBSITE OR THIRD-PARTY SITES. USE OF ANY INFORMATION ON THE WEBSITE OR THIRD-PARTY WEBSITES IS AT THE USER’S OWN RISK. UNDER NO CIRCUMSTANCES WILL HYPNOVY BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY RELIANCE ON INFORMATION OBTAINED THROUGH THE WEBSITE.
10. MISCELLANEOUS
10.1. If any provision of these Terms is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms. Such determination shall not affect the validity and enforceability of any other remaining provisions.
10.2. Users may not transfer, assign, or sell any rights or obligations under these Terms or grant any third party a legal or equitable interest without Hypnovy’s prior written consent. Hypnovy reserves the right to transfer or assign these Terms or any right or obligation under these Terms at any time.
10.3. Users can review the most current version of the Terms at any time on this page. Hypnovy reserves the right, at its sole discretion, to update, change, or replace any part of these Terms by posting updates and changes to the Website. Hypnovy shall inform Users about any changes to the Terms within a reasonable timeframe
11. CONTACTS
Company: Hypnovy, Inc.
Address: 228 Park Ave S, New York, NY 10003
Reg. number: 85057368899
Email: support@hypnovy.com