Terms of Sale

1. Purpose and acceptance

These terms of sale (“Terms of Sale”) govern subscriptions to HypnoSelf sold by WAYNA, an EURL (single-member limited liability company) with a share capital of EUR 100, registered with the Annecy Trade and Companies Register (RCS) under number 979 238 417, whose registered office is at 20 chemin des Combes, 74410 Saint-Eustache, France, VAT number FR35 979 238 417 (hereinafter “WAYNA” or “we”).

HypnoSelf is a digital service for well-being and personal development. The subscription gives you continuous access to an application that generates, plays and tracks personalised self-hypnosis and affirmation sessions (called “rituals” in the application), written by an artificial intelligence from an introspection dialogue. This contract concerns a digital service supplied on a continuous basis, and not digital content delivered in one go: the rules for services apply, in particular for the right of withdrawal (Articles L224-25-1 et seq. of the French Consumer Code; Directive (EU) 2019/770).

HypnoSelf is not a medical device or a therapy. It does not diagnose, treat, cure or prevent any disease or mental health condition. Use of the application is governed by the Terms of Use, which you accept when you create your account, and your data is processed as described in the Privacy Policy.

These Terms of Sale are addressed to consumers, that is, natural persons who subscribe for personal use. To subscribe, you must be at least 16 years old, have a HypnoSelf account and be authorised to use the payment method you provide. You accept the Terms of Sale by ticking the box provided for that purpose before payment; we record this acceptance together with the version of the document and its date, so that we can prove it.

2. The service: how it works, compatibility and limits

The following information is given to you before you subscribe, as the law requires for a digital service (Articles L111-1 and L221-5 of the French Consumer Code).

HypnoSelf is an installable web application (“PWA”) that runs in a recent browser (Chrome, Safari, Firefox, Edge) on computers, tablets and phones. There is no native application on the app stores. An internet connection is required to log in, create a session and synchronise your data. Audio files that have already been generated can be listened to offline if your browser has cached them.

The subscription includes: the introspection dialogue with the artificial intelligence assistant, the generation of sessions (affirmations, audio, session image), listening to them, tracking of your listening history, notifications if you enable them, and the export of your data in JSON format from your profile. The service does not interconnect with any other service or application.

Your content (affirmations, dialogue summaries, audio files) is end-to-end encrypted on your device with a key derived from your password. A recovery key is given to you: if you lose both your password and this key, that content is permanently lost and we cannot restore it. How the encryption works, and what it does not cover, is detailed in the Terms of Use.

Affirmations, audio files and images are generated by an artificial intelligence. Their content is by nature variable from one generation to the next: two identical requests do not produce two identical results.

3. Free trial

A free 7-day trial, limited to 3 rituals, is offered to you on your first subscription. Before the trial starts, a first ritual can be created without a card; listening to it requires starting the trial.

Starting the trial requires registering a payment card with our payment provider, Stripe. Nothing is charged during the trial. The first payment is taken at the end of the 7 days, at the price and frequency shown before the trial started, unless you have cancelled before then. The date of the first payment is shown to you in plain terms before you register your card.

Three days before the end of the trial, we send you an email reminding you of the end date, the price that will follow and how to stop. You can cancel at any time during the trial from Profile > Subscription (“Cancel before I’m charged”), from the Cancel my subscription page or by email: the trial stops and no amount is charged.

The trial is granted only once per email address, including after an account is deleted and then created again. To apply this rule, we keep a non-reversible fingerprint of any email address that has already had a trial (see the Privacy Policy). A subscription taken out with such an address starts directly in the paid period: the subscription screen tells you so before payment.

4. Founders’ Circle offer

Within the number of places shown in the application, the first accounts created join the “Founders’ Circle” and receive a 50% discount on the price of the chosen plan, applied to every payment. The place is allocated when the account is created, in order of registration; the number of places remaining is shown in the application before you subscribe.

The discount is attached to the account and cannot be transferred. It remains yours after a cancellation if you subscribe again from the same account. The place is only released when the account is deleted.

5. Plans, prices and taxes

HypnoSelf offers two plans: a quarterly plan, billed every 3 months, and an annual plan, billed every 12 months. The price of each plan is the one shown in the application before payment. Prices are stated in euros, inclusive of all taxes.

WAYNA is registered for VAT in France. For a customer residing in the European Union, the VAT applied is French VAT, included in the displayed price, as long as WAYNA’s turnover in the other Member States remains below the European threshold above which the VAT of the customer’s country applies (Article 59c of Directive 2006/112/EC; Article 259 D of the French General Tax Code). If this threshold is exceeded, the VAT of your country of residence will be applied, within the displayed price, and stated on your invoice.

For a customer residing outside the European Union, no local tax is charged as long as WAYNA is not required to register in that country. If a tax becomes payable, it is calculated at the time of payment and shown before you confirm the payment.

6. Countries of sale and currency

HypnoSelf is sold to customers residing in France, in the other countries of the European Union and in the countries outside the European Union where sales are open at the time of subscription. HypnoSelf is not sold in the United Kingdom: if the billing address you enter at payment is in the United Kingdom, the subscription is cancelled before any charge is taken and an email explains this to you. If an amount had nevertheless been charged, it would be refunded to you in full.

Prices are set in euros and it is the price in euros that you are charged. If your card or your location is outside the euro area, Stripe may offer you the option of paying in your currency: the converted amount, the rate applied and the conversion fees are shown to you before payment. The amount in your currency is recalculated at each payment, at Stripe’s rate in force on that day, conversion fees included; it may therefore vary from one billing date to the next while the price in euros does not change. You may also choose to pay in euros; your bank then applies its own exchange fees, over which we have no control.

7. Subscription and payment

Before payment, the subscription screen shows you in plain terms the chosen plan, the price, the billing frequency, the date of the first payment, the automatic renewal and how to cancel. You must then tick three separate boxes, none of which is pre-ticked: acceptance of these Terms of Sale, acceptance of the automatic renewal as described to you, and the express request for immediate performance, that is, the request that the service start straight away, described in section 10. The confirmation button states the obligation to pay that follows from it (Article L221-14 of the French Consumer Code). Each ticked box is recorded with the type of document, its version and a timestamp, and kept as evidence.

Payment is entrusted to Stripe Payments Europe Ltd (Ireland), which asks you for a billing address. This address is used to calculate taxes and to apply the country restrictions of section 6. You can pay by payment card or by one of the digital wallets offered by Stripe. Payment in instalments is not offered. WAYNA stores no payment card data; Stripe keeps your payment method in tokenised form in order to collect the subsequent payments.

At each payment, an invoice and a receipt are issued in the name of WAYNA by Stripe, with the legal particulars and the VAT, then sent to your email address. They remain accessible at any time from Profile > Subscription > My receipts and from the Stripe customer portal.

The contract is concluded when the payment is confirmed or when the free trial starts. We immediately send you a confirmation by email, on a durable medium: plan, price, date of the first charge, automatic renewal, ways to cancel, right of withdrawal and a reminder of your express request for immediate performance, with the link to the version of the Terms of Sale you accepted (Article L221-13 of the French Consumer Code). The version of the Terms of Sale you accepted can be consulted at any time at https://hypnoself.app/cgv/; you can print or save it from that page.

8. Term and automatic renewal

The subscription starts when you subscribe, for an initial period of 3 months or 12 months depending on the plan, preceded by the free trial where you are entitled to it. At the end of this initial period, it continues for an indefinite term: it is billed in successive periods of the same length, at the price in force, until you cancel it. You can end it at any time, free of charge and without giving a reason, with effect at the end of the period already paid for (section 11).

You consent to the automatic renewal by ticking, when you subscribe, a box separate from the acceptance of the Terms of Sale. We keep evidence of this consent (version, date) for the whole term of the subscription and for five years after it ends.

Before each billing date, quarterly and annual alike, we send you an email 45 days before the payment date, that is, no earlier than three months and no later than one month before the end of the current period (Article L215-1 of the French Consumer Code). This email reminds you of the deadline for not continuing, the amount that will be charged and the link to cancel. If this email is not sent to you within that time frame, you may end the subscription free of charge, at any time from the renewal date, and the sums paid after that date are refunded to you within thirty days of the cancellation, less the share corresponding to the service provided up to that point (Article L215-1 of the French Consumer Code).

9. Price changes

The price of a period already paid for never changes. If the price of your plan is to change, we inform you by email at least 30 days before the first payment to which the new price applies. You may then cancel, free of charge, before that payment; otherwise, the new price applies from that billing date. The law allows this clause in a contract of indefinite term provided that you are notified within a reasonable time so that you can cancel (Articles R212-1 3° and R212-4 of the French Consumer Code). For members of the Founders’ Circle, the 50% discount applies to the new price.

10. Right of withdrawal

You have 14 days from the date you subscribe (the day of payment or, where you are entitled to it, the day the free trial starts) to withdraw without having to give any reason (Article L221-18 of the French Consumer Code). This period runs only once, when you subscribe; moving to a new billing period does not open a new period.

Express request for immediate performance and proportionate amount. Access to HypnoSelf opens as soon as you subscribe. For this purpose, when you subscribe you tick a dedicated box, not pre-ticked, whose wording is as follows: “I expressly request that my access to HypnoSelf begin immediately, before the end of the 14-day withdrawal period. I understand that if I withdraw, I will owe an amount proportional to the service provided up to my withdrawal, and that I will lose my right of withdrawal once the service has been fully performed.” (Article L221-25 of the French Consumer Code; Directive 2011/83/EU, Article 14(3)). As a result:

• if you withdraw during the free trial, you owe nothing: the trial is stopped and no amount is charged;
• if you withdraw after the start of the paid period, you owe an amount proportionate to the service provided between the first paid day and the day of your withdrawal, calculated pro rata, in days, of the price of the period. The remainder is refunded to you within 14 days of your withdrawal, to the payment method used (Article L221-24 of the French Consumer Code). Example: a withdrawal three days after the first payment of a quarterly plan costs you three days out of the approximately ninety days that the period contains;
• once the paid period has fully elapsed, the service has been fully performed and the right of withdrawal can no longer be exercised (Article L221-28 1° of the French Consumer Code).

To withdraw, send us a clear statement to that effect, by email to contact@hypnoself.app or by post to the WAYNA address given in section 1, before the period expires. You may use the form below, although this is not compulsory. We acknowledge receipt by email without delay. Your subscription ends on the date of your withdrawal.

Model withdrawal form (annex to Article R221-1 of the French Consumer Code)

To WAYNA, 20 chemin des Combes, 74410 Saint-Eustache, France (contact@hypnoself.app)

I hereby give notice that I withdraw from my contract for the provision of the following service:

Ordered on: ……………………………
Name of consumer: ……………………………
Address of consumer: ……………………………
Email address used when subscribing: ……………………………

Signature (only if this form is notified on paper): ……………………………
Date: ……………………………

11. Cancellation and account deletion

Cancellation by you. You can cancel at any time, free of charge and without giving a reason, by one of these three means: from the application, in Profile > Subscription > Cancel my subscription; from the public Cancel my subscription page, accessible without a HypnoSelf password thanks to the Stripe customer portal (login with your email address); or by email to contact@hypnoself.app. This online cancellation feature meets the requirements of Article L215-1-1 of the French Consumer Code. We confirm the cancellation to you by email, with the date on which access ends.

The cancellation takes effect at the end of the period already paid for: you keep access until that date, and no further payment is taken. During the free trial, it stops the trial before any charge is taken. As long as the paid period has not ended, you can undo your cancellation from your profile and resume the subscription without subscribing again.

Refund. The period already started is not refunded pro rata, except in the cases where the law requires it: exercise of the right of withdrawal within 14 days (section 10), failure to send the reminder before renewal (section 8), lack of conformity giving rise to a price reduction or to termination of the contract (section 12), or a mandatory provision of the law of your country of residence (section 15).

Account deletion. You can delete your account at any time from your profile. Deletion is immediate and ends access to the service. If a subscription is in progress, it is cancelled: no further payment is taken, and the period already paid for is not refunded pro rata, subject to the same legal cases set out above. A trial in progress is stopped. What is kept after deletion (anonymised evidence of acceptance, fingerprint of the used trial, log of subscription events without an account identifier, billing data held by Stripe) is described in the Privacy Policy.

Termination by WAYNA. If a payment fails, we inform you by email so that you can put it right; if it is not put right, the subscription ends. We may also end the subscription in the event of a breach of the Terms of Use, under the conditions they set out, after informing you by email. If we end the subscription for a reason that is not attributable to you, the part of the paid period not yet provided is refunded to you.

12. Legal guarantees and changes to the service

You benefit from the legal guarantee of conformity applicable to digital content and digital services (Articles L224-25-12 et seq. of the French Consumer Code). For the whole term of the subscription, HypnoSelf must match the description given to you in these Terms of Sale and in the application, and work as you can legitimately expect. In the event of a lack of conformity, you may request that the service be brought into conformity; if this is impossible or does not happen within a reasonable time, you may obtain a price reduction or termination of the contract, with a refund of the corresponding sums (Articles L224-25-17 et seq. of the French Consumer Code). For the whole term of the subscription, we provide the updates necessary to keep the service in conformity, including security updates (Article L224-25-25 of the French Consumer Code).

You also benefit from the guarantee against hidden defects (Articles 1641 et seq. of the French Civil Code).

The service evolves: we may add, improve or modify features. If a modification, other than an update necessary for conformity, were to impair your access to the service or your use of it, we would inform you by email before it applies, and you could cancel free of charge within thirty days of that information or of the modification, with a refund of the part of the paid period not yet provided (Article L224-25-26 of the French Consumer Code).

To rely on these guarantees, write to us at contact@hypnoself.app describing the problem encountered.

13. Customer service and complaints

For any question or complaint about your subscription, write to us at contact@hypnoself.app. We reply within 5 working days at most.

14. Consumer mediation

If your written complaint to our customer service has not been resolved, you may refer the matter free of charge to a consumer mediator, under the conditions described in the legal notice (Article L612-1 of the French Consumer Code). Mediation is optional: you remain free to bring the matter before a court.

15. Governing law, mandatory rights and competent courts

These Terms of Sale are governed by French law.

If you reside in another country, this choice does not deprive you of the protection afforded to you by the mandatory provisions of the law of your country of habitual residence (Regulation (EC) No 593/2008 “Rome I”, Article 6). Nothing in these Terms of Sale limits the rights you have under the consumer protection legislation of your country, whether or not it is a member of the European Union (for example the Australian Consumer Law or Canadian provincial laws). If a clause of these Terms of Sale conflicts with such a provision, the mandatory provision applies and the rest of the Terms of Sale remains in force.

In the event of a dispute, we first seek an amicable solution (section 13 and section 14). Failing that, you may bring the matter either before the courts of your country of residence or before the French courts (Regulation (EU) No 1215/2012 “Brussels I bis”, Article 18). WAYNA may only bring legal proceedings against you before the courts of your country of residence.

16. Language, version and changes to the Terms of Sale

These Terms of Sale are written in French. An English translation is available for convenience at https://hypnoself.app/en/terms-of-sale/. In the event of any discrepancy, the French version prevails, unless a mandatory provision of the law of your country of residence provides otherwise.

The version applicable to your subscription is the last one you accepted, identified by the date at the top of this document. If we substantially change the Terms of Sale, we ask you to accept them again in the application before continuing; the accepted version, with its date, is kept as evidence. Changes never apply retroactively to a period already paid for.