Terms and Conditions

Last updated: January 11, 2025

Welcome to Hypnolux. These Terms and Conditions ("Terms") govern your access to and use of the Hypnolux mobile application, website, and related services (collectively, the "Service"). By accessing or using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, do not use the Service.

1. Acceptance of Terms

By downloading, installing, accessing, or using Hypnolux, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. These Terms constitute a legally binding agreement between you and Hypnolux ("Company," "we," "us," or "our").

2. Description of Service

Hypnolux is a mobile application designed to assist users with dream journaling, dream analysis, lucid dreaming techniques, and related features. The Service may include:

• Voice-to-text dream recording and transcription
• AI-powered dream analysis and interpretation
• Dream pattern tracking and analytics
• Guided audio sessions and techniques
• Reality check reminders and notifications
• Image upload and analysis features

3. User Data and Content

3.1 Voice Data

When you use our voice recording features, your audio recordings are processed by third-party speech-to-text service providers to convert your spoken words into text. By using these features, you consent to this processing. We do not permanently store raw audio files on our servers after transcription is complete.

3.2 Image Data

If you upload images to the Service, these images may be processed by third-party artificial intelligence providers for analysis purposes. By uploading images, you consent to this processing and represent that you have the necessary rights to share such images.

3.3 Dream Content

Your dream journal entries, transcriptions, and related content ("User Content") remain your property. However, by using the Service, you grant us a limited license to process, store, and analyze your User Content for the purpose of providing and improving the Service.

4. Third-Party Service Providers

We utilize third-party service providers to deliver certain features of the Service, including but not limited to:

• Cloud computing and storage providers
• Speech recognition and transcription services
• Artificial intelligence and machine learning services
• Analytics and performance monitoring services
• Payment processing services

Your use of the Service is also subject to the terms and policies of these third-party providers. We are not responsible for the practices of these third parties, and we encourage you to review their respective privacy policies and terms of service.

5. AI-Generated Content Disclaimer

IMPORTANT: PLEASE READ THIS SECTION CAREFULLY.

The Service utilizes artificial intelligence technology to generate dream interpretations, analyses, pattern recognition, and other content ("AI-Generated Content"). You acknowledge and agree that:

• No Professional Advice: AI-Generated Content is provided for entertainment, educational, and informational purposes only. It does not constitute professional psychological, medical, therapeutic, or any other professional advice.
• No Guarantee of Accuracy: AI-Generated Content may be inaccurate, incomplete, misleading, or inappropriate. We make no representations or warranties regarding the accuracy, reliability, or completeness of any AI-Generated Content.
• Subjective Interpretations: Dream interpretation is inherently subjective. AI-Generated Content represents one possible interpretation among many and should not be treated as definitive or authoritative.
• Not a Substitute for Professional Care: The Service is not a substitute for professional mental health care, medical treatment, or therapy. If you are experiencing psychological distress, sleep disorders, or other health concerns, please consult a qualified healthcare professional.
• Your Responsibility: You are solely responsible for how you interpret and act upon any AI-Generated Content. Any decisions or actions you take based on AI-Generated Content are at your own risk.

6. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

• No Liability for AI Outputs: WE SHALL NOT BE LIABLE FOR ANY DAMAGES, LOSSES, OR HARM ARISING FROM OR RELATED TO ANY AI-GENERATED CONTENT, INCLUDING BUT NOT LIMITED TO DREAM INTERPRETATIONS, ANALYSES, RECOMMENDATIONS, OR SUGGESTIONS PROVIDED BY THE SERVICE.
• No Liability for Third-Party Services: WE SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM THE ACTS, OMISSIONS, OR FAILURES OF THIRD-PARTY SERVICE PROVIDERS, INCLUDING BUT NOT LIMITED TO DATA PROCESSING ERRORS, SERVICE INTERRUPTIONS, OR SECURITY BREACHES.
• No Consequential Damages: IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, OR GOODWILL, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
• Maximum Liability: OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRIOR TO THE CLAIM, OR (B) ONE HUNDRED US DOLLARS ($100).

7. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. WE EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

• IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT
• WARRANTIES THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE
• WARRANTIES REGARDING THE ACCURACY, RELIABILITY, OR COMPLETENESS OF ANY CONTENT
• WARRANTIES THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS
• WARRANTIES REGARDING THE RESULTS OF USING THE SERVICE FOR LUCID DREAMING OR ANY OTHER PURPOSE

8. Indemnification

You agree to indemnify, defend, and hold harmless the Company, its affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from or related to:

• Your use of the Service
• Your User Content
• Your violation of these Terms
• Your violation of any rights of another party
• Any actions you take based on AI-Generated Content or dream interpretations

9. Health and Safety Disclaimer

Lucid dreaming practices and sleep modification techniques may not be suitable for everyone. You acknowledge that:

• The Service is not intended to diagnose, treat, cure, or prevent any medical condition or sleep disorder
• You should consult with a healthcare provider before beginning any new sleep practices, especially if you have a history of sleep disorders, mental health conditions, or other medical concerns
• We are not responsible for any adverse effects you may experience from attempting lucid dreaming techniques
• Some users may experience sleep disruption, fatigue, or other effects when practicing lucid dreaming techniques

10. User Conduct

You agree not to:

• Use the Service for any illegal or unauthorized purpose
• Upload content that infringes on intellectual property rights
• Attempt to interfere with or disrupt the Service
• Circumvent any security measures or access restrictions
• Use the Service to harass, abuse, or harm others
• Resell, redistribute, or sublicense the Service without authorization

11. Intellectual Property

The Service, including its design, features, content, and underlying technology, is protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, or create derivative works based on the Service without our express written permission.

12. Termination

We reserve the right to suspend or terminate your access to the Service at any time, with or without cause, and with or without notice. Upon termination, your right to use the Service will immediately cease. Provisions of these Terms that by their nature should survive termination will survive, including ownership provisions, warranty disclaimers, indemnification, and limitations of liability.

13. Modifications to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms on the Service and updating the "Last updated" date. Your continued use of the Service after such modifications constitutes your acceptance of the updated Terms.

14. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions. Any disputes arising from these Terms or your use of the Service shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association, except that either party may seek injunctive relief in any court of competent jurisdiction.

15. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect.

16. Entire Agreement

These Terms, together with our Privacy Policy and any other agreements expressly incorporated by reference, constitute the entire agreement between you and the Company regarding your use of the Service.

17. Contact Information

If you have any questions about these Terms, please contact us at:

Email: legal@hypnolux.app
Website: https://hypnolux.app