Terms of Use

These Terms of Use govern your access to and use of Hypnotype and any related websites, applications and services (collectively the "Service"). By creating an account, accessing or using the Service, you agree to be bound by these Terms.

If you do not agree to these Terms, you must not use the Service.

1. Who we are

The Service is operated by:

• Company name: BOCO
• Legal form: Micro Entreprise
• Registration number (SIRET): 89531108200021
• Country: France
• Contact email: contact@muware.xyz

Our application is hosted by OVH SAS (OVHcloud), a French hosting provider. OVH SAS is registered with the RCS Lille Métropole under number 424 761 419 00045, with registered office at 2 rue Kellermann, 59100 Roubaix, France. (OVHcloud)

In these Terms, "Hypnotype", "we", "us" and "our" refer to BOCO and its Service. "You" and "your" refer to any user of the Service.

2. Description of the Service

Hypnotype is an AI powered web application that transforms audio files into professional videos with synchronized text animations, using automated transcription and video rendering technology.

In particular, Hypnotype allows you to:

• Upload audio files
• Automatically transcribe audio using AI (OpenAI Whisper)
• Generate word level timestamps
• Apply visual styles and templates
• Render videos with synchronized text and additional visual elements

Hypnotype is provided on a freemium and subscription basis with different usage limits and features depending on your plan. Details of current plans, limits and prices are available on our pricing page inside the application.

3. Eligibility and accounts

3.1 Eligibility

You must:

• Be at least 18 years old
• Have the legal capacity to enter into a binding contract
• Use the Service in compliance with these Terms and all applicable laws

3.2 Account registration

To use Hypnotype, you must create an account using a valid email address. We use passwordless authentication based on email magic links.

You agree to:

• Provide accurate and up to date information
• Keep your login links and email account secure
• Notify us promptly of any unauthorized access or use of your account

You are responsible for all activities that occur under your account.

We may suspend or delete your account if we reasonably believe that:

• You have violated these Terms
• Your account has been compromised
• Your use of the Service creates a risk for other users or for us

4. Plans, payments and refunds

4.1 Plans and billing

Hypnotype offers a free plan and paid subscription plans billed via Stripe. The specific features, limits and prices of each plan are described within the application and may change from time to time.

By subscribing to a paid plan, you authorize Stripe to charge the subscription fees and any applicable taxes to your chosen payment method on a recurring basis (monthly or yearly, as selected).

4.2 Automatic renewal and cancellation

Paid subscriptions renew automatically at the end of each billing period unless you cancel them before the renewal date through the account or billing settings.

If you cancel:

• Your current paid plan remains active until the end of the current billing period
• No further charges will occur for subsequent periods
• At the end of the period, your account may be downgraded to a free plan and associated limits may apply

4.3 No refunds

Except where required by applicable law:

• All fees and charges are non refundable
• We do not provide refunds or credits for partial subscription periods, unused features or downgrade of your plan

We may, at our sole discretion, decide to provide a refund or credit in certain situations. Any such decision is exceptional and does not create a right to future refunds.

4.4 Stripe and payment information

Payments are processed by Stripe, a third party payment service provider. We do not store your full payment card details on our servers. Your use of Stripe is subject to Stripe's own terms and privacy policy.

You must ensure that your payment details are valid and up to date. If a payment fails, we may suspend or downgrade your access until payment is successful.

5. User content and license

5.1 User content

You may upload, create or otherwise provide content through the Service, including:

• Audio files
• Transcriptions generated from your audio
• Video projects and rendered videos
• Images, titles and other assets

You remain the owner of your user content.

You are solely responsible for your content and for ensuring that:

• You have all necessary rights and permissions to upload and use the content
• The content does not infringe any third party rights (including copyright, privacy and publicity rights)
• The content complies with all applicable laws and these Terms

5.2 License you grant to us

By uploading or providing content through the Service, you grant us a worldwide, non exclusive, royalty free license to:

• Host, store, process, reproduce and modify the content as necessary to operate and provide the Service
• Transcribe your audio, generate timestamps and render videos for you
• Create aggregated or anonymized data for analytics, performance and product improvement, provided such data does not identify you personally

We do not claim ownership of your content and we do not sell your raw audio or transcripts to third parties.

We do not use your audio or transcripts to train our own machine learning models for unrelated products without your separate explicit consent.

5.3 Content removal

You can normally delete your projects and associated content from within the application. Technical backups or logs may continue to exist for a limited period.

We may remove or disable access to any content that we reasonably believe:

• Violates these Terms or applicable law
• Infringes third party rights
• Poses a risk to the security or integrity of the Service

6. Acceptable use

You agree not to use the Service:

• For any unlawful, fraudulent or harmful purpose
• To upload or share content that is illegal, defamatory, hateful, discriminatory, harassing, obscene or otherwise objectionable
• To infringe or violate the intellectual property or privacy rights of others
• To attempt to reverse engineer, decompile or otherwise access the source code of the Service
• To interfere with, disrupt or overload the Service or the systems of our providers
• To bypass or attempt to bypass any security or access control mechanisms

You also agree not to:

• Use bots, scripts or automated means to access the Service in ways that exceed normal usage
• Resell, lease or transfer the Service or your account to a third party without our prior written consent

We may investigate and take any appropriate action if we suspect misuse of the Service, including suspension or termination of your account.

7. Third party services and dependencies

7.1 OpenAI (Whisper)

Hypnotype uses the OpenAI Whisper API to transcribe audio files. This means that when you upload an audio file, the file is sent to OpenAI's API for processing, and OpenAI returns transcription data (including word level timestamps) which we store and use to generate your videos.

Your use of the Service with respect to transcription is therefore also subject to OpenAI's terms and policies. We do not control how OpenAI operates its infrastructure.

7.2 Hosting provider (OVHcloud)

Our infrastructure is hosted on servers provided by OVH SAS (OVHcloud), located at 2 rue Kellermann, 59100 Roubaix, France. (OVHcloud)

7.3 Payment provider (Stripe)

All payments and subscriptions are processed by Stripe. We do not control Stripe's internal systems and are not responsible for outages or issues caused by Stripe.

7.4 Analytics and tracking tools

We may use analytics and tracking services such as Google Analytics, Meta (Facebook) Pixel, PostHog and similar tools to understand how the Service is used, improve features and run marketing campaigns.

These tools are provided by third parties that may place cookies or similar technologies on your device. Your use of the Service is also subject to the terms and privacy policies of these providers.

7.5 No responsibility for third party services

The Service relies on these third party providers. You acknowledge that:

• Any malfunction, outage or change in those services can temporarily or permanently affect Hypnotype
• We are not responsible for unavailability or issues caused by third party providers

8. Service availability, changes and discontinuation

8.1 Availability

We aim to keep the Service available and functioning, but we do not guarantee that:

• The Service will be uninterrupted or error free
• Specific features will always be available
• Renders will always complete successfully

Maintenance, updates, security work, infrastructure issues, third party provider outages (such as OpenAI, OVHcloud, Stripe or analytics providers) or unexpected incidents may temporarily affect the Service.

8.2 Changes to the Service

We may modify the Service at any time, including:

• Adding, changing or removing features
• Adjusting usage limits or plan features
• Updating user interface and workflows

Where changes materially affect your rights or your ability to use the Service, we will take reasonable steps to notify you, for example via in app notifications or email.

8.3 Discontinuation and business changes

We reserve the right to:

• Stop providing the Service, in whole or in part
• Close Hypnotype as a product
• Transfer or sell the business or its assets to a third party

If Hypnotype is discontinued or the business is transferred, we will make reasonable efforts to notify you in advance and, where possible, give you the opportunity to download your rendered videos or important data.

If the business is sold or transferred, your account and related data may be transferred to the new owner, who will continue to respect a level of protection consistent with these Terms and our Privacy Policy.

9. Term and termination

These Terms apply as long as you have an account or continue to use the Service.

We may suspend or terminate your access to the Service, with or without notice, if:

• You materially breach these Terms
• You repeatedly breach these Terms despite warnings
• We are required to do so by law or by a competent authority
• Continuing to provide the Service to you would create a significant risk for us or for other users

You may stop using the Service at any time and may delete your account if this option is available in the interface, or by contacting us.

Upon termination:

• Your right to access and use the Service ends immediately
• We may delete or anonymize your data in accordance with our Privacy Policy

Sections that by their nature should survive termination (for example intellectual property, disclaimers, limitation of liability, indemnity and governing law) will continue to apply.

10. Intellectual property

10.1 Our rights

All rights, title and interest in and to the Service, including but not limited to:

• Software, code, backend and frontend components
• Designs, logos, names (including "Hypnotype" and "Hypnotype")
• Templates, user interface and visual elements
• Documentation and guides

are owned by BOCO or its licensors.

Except for the limited right to use the Service in accordance with these Terms, no rights are granted to you.

You must not:

• Copy, modify, adapt, translate or create derivative works from the Service
• Remove, alter or obscure any copyright or proprietary notices
• Use any of our trademarks or logos without our prior written permission

10.2 Feedback

If you provide feedback, ideas or suggestions about Hypnotype, you grant us a free, worldwide, perpetual and irrevocable license to use that feedback for any purpose, without obligation to you.

11. Disclaimers

The Service is provided on an "as is" and "as available" basis.

To the maximum extent permitted by law, we disclaim all warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose and non infringement.

In particular, we do not warrant that:

• The Service will meet your specific requirements or expectations
• The Service will be uninterrupted, secure or error free
• Any defects will be corrected within a particular timeframe
• The outputs (including transcriptions or rendered videos) will be perfectly accurate, complete or suitable for any specific use

You are responsible for reviewing and verifying all outputs before using them in your business or publishing them.

12. Limitation of liability

To the maximum extent permitted by law:

• We will not be liable for any indirect, incidental, consequential, special or punitive damages, including loss of profits, revenue, business, data, goodwill or other intangible losses arising out of or in connection with your use of the Service
• Our total aggregate liability arising out of or in connection with the Service or these Terms will be limited to the greater of:
  • The total amount you paid to us for the Service during the twelve (12) months preceding the event giving rise to the claim, or
  • One hundred (100) euros, if you are using the free plan

Nothing in these Terms excludes or limits our liability where such exclusion or limitation would be unlawful, including for death or personal injury caused by our negligence or for intentional misconduct.

If you are a consumer in the European Union, your statutory rights are not affected.

13. Indemnification

You agree to indemnify and hold harmless BOCO, its owners, employees and contractors from and against any claims, damages, losses, liabilities, costs and expenses (including reasonable legal fees) arising out of or related to:

• Your use of the Service
• Your content
• Your violation of these Terms
• Your violation of any law or third party rights

14. Governing law and jurisdiction

These Terms are governed by the laws of France, without regard to conflict of law rules.

If you are a business user, any dispute relating to these Terms or the Service will be subject to the exclusive jurisdiction of the competent courts in France.

If you are a consumer in the European Union, you may also bring proceedings in the courts of your place of residence and you may have additional rights under mandatory consumer protection laws.

15. Changes to these Terms

We may update these Terms from time to time.

When we make material changes, we will take reasonable steps to notify you, for example by email or in app notice. The updated Terms will be effective on the date indicated as "Last updated".

By continuing to use the Service after the updated Terms become effective, you agree to be bound by them.

If you do not agree to the updated Terms, you must stop using the Service and, if applicable, cancel your subscription.

16. Contact

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

Email: contact@muware.xyz