Terms of Service
Please read these terms carefully before using our services
โ ๏ธ Important Notice
By using our service, you agree to these Terms of Service. Please read them carefully. If you do not agree, you must not use the service.
Terms of Service
Effective Date: November 19, 2025 Version: 1.0.0 Last Updated: November 19, 2025
Agreement to Terms
By accessing or using GuidedMindHypnosis ("the Service," "our Service," "we," "us," "our"), you agree to be bound by these Terms of Service ("Terms," "ToS"). If you do not agree to these Terms, you may not access or use the Service.
IMPORTANT: These Terms contain provisions that limit our liability and require arbitration of disputes on an individual basis (see Section 15). By accepting these Terms, you waive your right to a jury trial and class action lawsuits.
1. Service Description
1.1 Overview
GuidedMindHypnosis provides a platform for purchasing and accessing digital hypnosis and meditation audio products. Our Service includes:
- An online catalog of digital products (hypnosis sessions, guided meditations, audio programs)
- User account creation and management
- Secure payment processing via Stripe
- Digital product delivery and streaming
- Product recommendations and reviews
- Blog content related to mindfulness, hypnosis, and self-improvement
1.2 Eligibility
You must be at least 16 years old (or the age of majority in your jurisdiction, whichever is higher) to create an account and use the Service. By creating an account, you represent and warrant that:
- You meet the age requirement
- You have the legal capacity to enter into binding contracts
- All information you provide is accurate and truthful
- You will comply with these Terms and all applicable laws
1.3 Medical Disclaimer
The Service is not a substitute for professional medical or psychological treatment. Our products are intended for relaxation, self-improvement, and wellness purposes only. If you have a medical or mental health condition, consult a qualified healthcare professional before using our products.
We do not provide medical advice, diagnosis, or treatment. Our hypnosis and meditation products should not be used: - While driving or operating machinery - If you have a history of seizures, epilepsy, or psychosis (consult a doctor first) - As a replacement for prescribed medications or therapy
2. Account Creation and Security
2.1 Account Registration
To make purchases, you must create an account by providing: - A valid email address - A secure password - Your country of residence (optional, for tax and compliance purposes)
Alternatively, you may register using a third-party OAuth provider (e.g., Google). By using OAuth, you authorize us to access certain profile information as described in our Privacy Policy.
2.2 Account Security
You are responsible for: - Maintaining the confidentiality of your password and account credentials - All activity that occurs under your account, whether authorized by you or not - Notifying us immediately of any unauthorized use at [email protected]
We will never ask for your password via email or phone. Do not share your credentials with third parties.
2.3 Account Termination
You may delete your account at any time through account settings. We may suspend or terminate your account if you: - Violate these Terms - Engage in fraudulent activity or payment disputes - Attempt to circumvent digital rights management (DRM) or share purchased products illegally - Harass other users or our staff - Remain inactive for more than 3 years (we will provide 30 days' notice before deletion)
Upon termination, you will lose access to purchased products unless prohibited by consumer protection laws (see Section 3.5).
3. Purchases and Payments
3.1 Pricing and Fees
All prices are displayed in [specify: USD/EUR/other] and include applicable taxes unless otherwise stated. Prices are subject to change at any time, but changes will not affect orders already placed.
You are responsible for any additional fees imposed by: - Your payment provider (e.g., currency conversion fees) - Your country's customs or import duties (for cross-border transactions) - Transaction taxes (e.g., VAT, GST) as required by law
3.2 Payment Processing
We use Stripe, a third-party payment processor, to handle all transactions. We do not store your full credit card information on our servers. By making a purchase, you agree to Stripe's terms and conditions.
Payment methods accepted: - Credit/debit cards (Visa, Mastercard, American Express, Discover) - Digital wallets (Apple Pay, Google Pay) - Bank transfers (where available)
3.3 Order Confirmation
Once you complete a purchase: 1. You will be redirected to Stripe's secure checkout page 2. After successful payment, you will receive an order confirmation email 3. Your purchased products will be immediately available in your account dashboard 4. You may download or stream the products as permitted by our DRM policy
Order confirmation does not constitute acceptance in the case of payment fraud or technical errors. We reserve the right to cancel orders and issue refunds if we detect fraudulent activity or pricing errors.
3.4 Taxes
Prices may not include applicable taxes. Depending on your location, we may be required to collect: - Value Added Tax (VAT) for EU customers - Goods and Services Tax (GST) for Canadian customers - Sales tax for U.S. customers in certain states
Tax amounts will be displayed at checkout before you complete your purchase.
3.5 Refunds and Cancellations
Digital products are non-refundable once you have accessed, downloaded, or streamed them, except as required by law.
Exceptions: - EU consumers (14-day withdrawal right under Consumer Rights Directive): You have 14 days to cancel a purchase. However, this right is waived if you begin downloading or streaming the product before the 14-day period expires and you provide express consent to this waiver at checkout. - Defective products: If a product is defective or not as described, contact us within 30 days for a refund or replacement. - Accidental duplicate purchases: Contact us within 7 days for a refund.
How to request a refund: Email [email protected] with your order number and reason for the request. We will respond within 7 business days. Approved refunds will be processed within 14 days to your original payment method.
3.6 Subscription Plans (if applicable)
If you purchase a subscription plan: - You will be billed automatically on a recurring basis (monthly or yearly) until you cancel - You may cancel anytime; cancellation takes effect at the end of the current billing period - We will notify you at least 7 days before any price increase - No refunds for partial billing periods unless required by law
4. Intellectual Property Rights
4.1 Our Ownership
All content on the Service, including but not limited to: - Audio recordings, music, and voiceovers - Text, images, logos, and graphics - Software, code, and user interfaces - Product descriptions and blog articles
is owned by GuidedMindHypnosis or our licensors and is protected by copyright, trademark, and other intellectual property laws (including U.S. Copyright Act, EU Copyright Directive, Berne Convention).
4.2 Limited License
When you purchase a product, we grant you a non-exclusive, non-transferable, revocable license to: - Download and store the product for personal, non-commercial use - Stream the product from your account dashboard - Use the product on up to 5 personal devices
You may NOT: - Redistribute, resell, or share purchased products with others - Upload products to file-sharing platforms or torrent sites - Modify, remix, or create derivative works without written permission - Remove or circumvent DRM protections - Use products for commercial purposes (e.g., in therapy sessions for clients, public performances) without a commercial license
Violation of this license may result in account termination and legal action.
4.3 User-Generated Content
If you submit reviews, comments, or feedback ("User Content"), you grant us a worldwide, perpetual, royalty-free, sublicensable license to use, display, and distribute your User Content for the purpose of operating and promoting the Service.
You represent and warrant that: - You own or have rights to submit the User Content - Your User Content does not violate any third-party rights or laws - Your User Content is not defamatory, obscene, or harmful
We reserve the right to remove any User Content that violates these Terms or is otherwise objectionable.
4.4 Copyright Infringement (DMCA)
We respect intellectual property rights. If you believe your copyright has been infringed, submit a DMCA notice to:
Email: [email protected] Subject: DMCA Takedown Request
Your notice must include: 1. Identification of the copyrighted work 2. Location of the infringing material (URL) 3. Your contact information 4. A statement of good faith belief that the use is unauthorized 5. A statement that the information is accurate and you are the copyright owner or authorized agent 6. Your physical or electronic signature
We will respond to valid DMCA notices in accordance with the Digital Millennium Copyright Act (17 U.S.C. ยง 512).
5. Acceptable Use Policy
You agree not to:
- Violate laws: Use the Service for illegal purposes or to violate local, national, or international laws
- Fraud: Engage in fraudulent transactions, payment disputes, or chargeback abuse
- Hacking: Attempt to gain unauthorized access to our systems, databases, or other users' accounts
- Malware: Upload viruses, malware, or malicious code
- Scraping: Use bots, scrapers, or automated tools to extract content or data
- Harassment: Harass, threaten, or abuse other users or our staff
- Spam: Send unsolicited emails or messages using our platform
- Impersonation: Impersonate another person or entity
- Circumvention: Bypass DRM, payment systems, or other technical protections
Violation of this policy may result in immediate account suspension or termination and may be reported to law enforcement.
6. Service Availability and Modifications
6.1 Uptime
We strive to provide 99% uptime, but we do not guarantee uninterrupted access. The Service may be unavailable due to: - Scheduled maintenance (we will notify users in advance when possible) - Technical issues, server outages, or force majeure events - DDoS attacks or other security incidents
6.2 Changes to the Service
We reserve the right to: - Add, modify, or discontinue features at any time - Change pricing for future purchases (existing purchases are not affected) - Update the catalog of available products - Impose limits on usage (e.g., download limits, bandwidth caps)
We will provide reasonable notice for material changes (at least 30 days for price increases or feature removals that affect paid users).
6.3 No Warranty
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO: - Merchantability, fitness for a particular purpose, or non-infringement - Accuracy, reliability, or completeness of content - Uninterrupted or error-free operation - Security against unauthorized access
Some jurisdictions do not allow exclusion of implied warranties, so the above exclusion may not apply to you.
7. Limitation of Liability
7.1 Disclaimer of Damages
TO THE MAXIMUM EXTENT PERMITTED BY LAW, GUIDEDMINDHYPNOSIS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY:
- Indirect, incidental, special, consequential, or punitive damages
- Loss of profits, revenue, data, or business opportunities
- Damages arising from use or inability to use the Service
- Damages from unauthorized access, data breaches, or security incidents
EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
7.2 Cap on Liability
Our total liability for any claim arising from these Terms or the Service shall not exceed the greater of: - The amount you paid us in the 12 months preceding the claim, or - $100 USD (or equivalent)
7.3 Jurisdictional Exceptions
Some jurisdictions (e.g., EU consumer protection laws) do not allow limitation of liability for personal injury, gross negligence, or fraud. In such cases, our liability is limited to the extent permitted by applicable law.
EU consumers: This section does not limit our liability for: - Death or personal injury caused by our negligence - Fraud or fraudulent misrepresentation - Defective products under the Consumer Rights Directive - Any other liability that cannot be limited under EU law
8. Indemnification
You agree to indemnify, defend, and hold harmless GuidedMindHypnosis, its affiliates, and their respective officers, directors, employees, and agents from any claims, liabilities, damages, losses, or expenses (including reasonable attorneys' fees) arising from:
- Your violation of these Terms
- Your violation of any third-party rights (including intellectual property or privacy rights)
- Your use of the Service in an unlawful or prohibited manner
- User Content you submit
We reserve the right to assume exclusive defense and control of any matter subject to indemnification, and you agree to cooperate with our defense.
9. Privacy and Data Protection
Your use of the Service is also governed by our Privacy Policy, which explains how we collect, use, and protect your personal information.
By using the Service, you consent to the collection and processing of your data as described in the Privacy Policy, including: - Account information, purchase history, and usage data - Cookies and analytics - International data transfers (if you are outside our primary server location) - Consent tracking for these Terms and the Privacy Policy
For questions about data protection, contact: [email protected]
10. Termination and Suspension
10.1 Termination by You
You may delete your account at any time through account settings. Upon deletion: - You will lose access to your account and purchased products - We will delete your personal data in accordance with our Privacy Policy (subject to legal retention requirements) - No refunds will be issued for unused products or subscriptions
10.2 Termination by Us
We may suspend or terminate your account immediately if: - You violate these Terms - You engage in fraudulent activity or payment disputes - We are required to do so by law or legal process - You remain inactive for more than 3 years (after 30 days' notice)
We will provide notice of termination unless prohibited by law or security concerns.
10.3 Effect of Termination
Upon termination: - Your license to use the Service and access products is revoked - Sections 4 (Intellectual Property), 7 (Limitation of Liability), 8 (Indemnification), and 15 (Dispute Resolution) survive termination - You remain liable for any outstanding payments or obligations
11. Governing Law and Jurisdiction
11.1 Governing Law
These Terms are governed by the laws of [specify: your jurisdiction, e.g., "the State of Delaware, USA" or "England and Wales"], without regard to conflict of law principles.
11.2 Jurisdiction-Specific Provisions
- EU consumers: You have the benefit of any mandatory consumer protection laws in your country of residence. Nothing in these Terms limits your statutory rights.
- California consumers: You have the right to the following specific consumer rights notice: Under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254.
11.3 Venue for Disputes
For non-EU users: Subject to Section 15 (Arbitration), any legal action arising from these Terms must be brought in the state or federal courts located in [specify: your jurisdiction, e.g., "New York County, New York"], and you consent to the exclusive jurisdiction of those courts.
For EU users: You may bring legal action in the courts of your country of residence or the courts of our registered business location.
12. Cross-Border Transactions
12.1 International Users
The Service is operated from [specify: your primary location, e.g., "the United States"]. If you access the Service from outside this location, you are responsible for compliance with local laws.
We do not guarantee that the Service is appropriate or available for use in all jurisdictions. If you access the Service from a jurisdiction where it is prohibited, you do so at your own risk.
12.2 Export Controls
You agree to comply with all applicable export and import control laws and regulations, including U.S. Export Administration Regulations and sanctions administered by the Office of Foreign Assets Control (OFAC).
13. Updates to Terms of Service
We may update these Terms from time to time to reflect: - Changes in our services or features - Legal or regulatory requirements - Security or operational improvements
13.1 Notice of Changes
When we make material changes: - We will update the "Effective Date" and "Version" at the top of these Terms - We will notify you via email and/or a prominent notice on the Service at least 30 days before the new Terms take effect - If the change is material, we will require you to re-accept the updated Terms at your next login or checkout
13.2 Acceptance of Changes
Continued use of the Service after the new Terms take effect constitutes your acceptance. If you do not agree to the updated Terms, you must stop using the Service and may request account deletion.
Version history: - Version 1.0.0 (November 19, 2025): Initial Terms of Service
14. Miscellaneous Provisions
14.1 Entire Agreement
These Terms, together with our Privacy Policy and any additional terms you agree to (e.g., subscription terms, commercial licenses), constitute the entire agreement between you and GuidedMindHypnosis regarding the Service.
14.2 Severability
If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions will remain in full force and effect. The invalid provision will be modified to the minimum extent necessary to make it valid and enforceable.
14.3 Waiver
Our failure to enforce any provision of these Terms does not constitute a waiver of that provision or any other provision. Any waiver must be in writing and signed by an authorized representative.
14.4 Assignment
You may not assign or transfer these Terms or your account without our prior written consent. We may assign these Terms to any affiliate, successor, or purchaser of our business without your consent.
14.5 Force Majeure
We are not liable for any failure or delay in performance due to events beyond our reasonable control, including but not limited to: - Natural disasters (earthquakes, floods, pandemics) - War, terrorism, or civil unrest - Government actions or regulations - Internet or telecommunications failures - Cyberattacks or DDoS attacks
14.6 No Agency
Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship between you and GuidedMindHypnosis.
14.7 Third-Party Beneficiaries
These Terms do not confer any rights or benefits on third parties, except as expressly stated (e.g., our affiliates and licensors for indemnification purposes).
15. Dispute Resolution and Arbitration
15.1 Informal Dispute Resolution
Before initiating formal proceedings, you agree to first attempt to resolve any dispute informally by contacting us at [email protected]. We will attempt to resolve the dispute within 60 days.
15.2 Binding Arbitration (for U.S. Users)
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.
Agreement to Arbitrate: If informal resolution fails, you and GuidedMindHypnosis agree to resolve any dispute through binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules.
Arbitration process: - The arbitration will be conducted by a single arbitrator - Location: [specify: your location or "mutually agreed location"] - Language: English - Governing rules: AAA Consumer Arbitration Rules - Costs: Each party pays its own attorneys' fees unless awarded by the arbitrator; AAA filing fees are split 50/50 (subject to fee waivers for low-income claimants)
Exceptions: Either party may bring an individual action in small claims court if the claim qualifies. Either party may seek injunctive relief in court to prevent infringement of intellectual property rights.
15.3 Class Action Waiver
YOU AND GUIDEDMINDHYPNOSIS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.
YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
If a court or arbitrator finds this class action waiver unenforceable, the arbitration agreement in Section 15.2 is void, and the dispute must be brought in court.
15.4 Jury Trial Waiver
YOU AND GUIDEDMINDHYPNOSIS WAIVE THE RIGHT TO A JURY TRIAL FOR ANY DISPUTE ARISING FROM THESE TERMS OR THE SERVICE.
15.5 Opt-Out (U.S. Users Only)
You may opt out of the arbitration agreement by sending written notice to [email protected] within 30 days of first accepting these Terms. Your notice must include your name, email, and a clear statement that you wish to opt out of arbitration. Opting out does not affect your use of the Service.
15.6 Non-U.S. Users
The arbitration and class action waiver provisions in Sections 15.2โ15.5 do not apply to users in the EU, UK, Canada, or other jurisdictions where such clauses are prohibited by law. Disputes will be resolved in accordance with Section 11.3 (Venue for Disputes).
EU consumers: You may use the European Commission's Online Dispute Resolution (ODR) platform: https://ec.europa.eu/consumers/odr/
16. Contact Us
If you have questions or concerns about these Terms, please contact us:
Email: [email protected] Support: [email protected] Mailing Address: [To be filled in with actual business address]
Response time: We aim to respond to all inquiries within 7 business days.
17. Acknowledgment
BY CLICKING "I ACCEPT" OR BY ACCESSING OR USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE.
IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT ACCESS OR USE THE SERVICE.
Last reviewed: November 19, 2025 Next scheduled review: May 19, 2026 (6-month review cycle)
Questions About These Terms?
If you have any questions about these Terms of Service, please contact us:
Legal Inquiries: [email protected]