Agreement to these terms
By creating an account, starting a trial, purchasing a subscription, or otherwise using Hypercalm after being presented with these terms, you agree to them. If you do not agree, do not create an account, purchase a subscription, or use the service.
Our Privacy Policy explains how we handle personal information. Storefront, device, payment, and other third-party terms may also apply to services they provide.
Eligibility and accounts
You must be at least 13 years old to use Hypercalm. If you are under the age of legal majority where you live, you may use the service only with permission from a parent or legal guardian when required by law.
You must provide accurate account information, protect your sign-in credentials, and promptly notify us of suspected unauthorized access. You are responsible for activity conducted through your account unless applicable law provides otherwise.
The Hypercalm service
Hypercalm provides original audio, listening modes, rhythmic-signal and noise controls, timers, recommendations, and related features designed to support focus, relaxation, and sleep routines. Features, mixes, controls, and platform availability may change over time.
Results vary by person, environment, device, and listening habits. We do not promise that Hypercalm will produce a particular mental state, productivity result, health outcome, or amount of sleep.
Wellness product, not medical treatment
Hypercalm is a consumer wellness and productivity product. It is not a medical device and does not diagnose, treat, cure, or prevent ADHD, insomnia, anxiety, or any other medical condition. Hypercalm is not a substitute for professional medical advice, diagnosis, or treatment.
Use safe listening levels. Do not use Hypercalm while driving, operating machinery, or in any situation where audio could distract you or where you need to remain fully aware of your surroundings. Stop listening if you experience discomfort.
Subscriptions, trials, cancellation, and refunds
The price, billing interval, trial length and eligibility, renewal terms, and applicable taxes are shown before purchase. Unless the purchase screen states otherwise, a paid subscription renews automatically for the same billing period until canceled. If a trial converts to a paid subscription, the purchase screen will show when and how much you will be charged before you agree.
Cancel through the same billing platform that processed your purchase. Cancellation stops future renewal but ordinarily does not provide a refund for time already billed, except where required by law or allowed under the applicable platform's refund rules. You retain access through the end of the paid period unless the platform, a refund, a chargeback, account deletion, or a violation of these terms ends access earlier.
Deleting a Hypercalm account does not automatically cancel an Apple or Google subscription. You must cancel store billing separately. If you purchased on the web, we will cancel recurring web billing as part of a verified immediate account deletion before removing the billing customer record.
License and intellectual property
Hypercalm and its original audio, artwork, software, wordmarks, interfaces, and other content are owned by Hypercowboy LLC or its licensors and are protected by intellectual-property law.
Subject to these terms and an active entitlement where required, we grant you a limited, revocable, non-exclusive, non-transferable license to access and use Hypercalm for your personal, noncommercial use. Hypercalm is licensed, not sold. No ownership rights are transferred to you.
You may not copy, record, download except through authorized offline features, redistribute, sell, sublicense, publicly perform, create derivative works from, reverse engineer, or circumvent access controls for Hypercalm or its content except where applicable law expressly permits the activity despite this restriction.
Acceptable use
- Do not share authentication credentials or subscription access outside features we expressly provide.
- Do not interfere with, probe, scrape, overload, disrupt, or bypass the service or its security and entitlement controls.
- Do not use Hypercalm audio or other content in a commercial, broadcast, public-performance, synchronization, training-data, or redistribution context without written permission.
- Do not upload malware, impersonate another person, misuse support or deletion processes, or use the service to violate law or another person's rights.
Third-party platforms and services
Hypercalm may rely on Apple, Google, RevenueCat, payment providers, authentication providers, hosting providers, and other third-party services. Their terms govern the portions of the experience they provide. We are not responsible for an interruption or decision made solely by a third-party platform, but this does not limit any responsibility that applicable law places on Hypercalm.
An application obtained through Apple's App Store is also subject to Apple's applicable Standard End User License Agreement unless a valid custom end-user license agreement is presented through Apple. Apple and Google control their storefront billing, subscription-management, and refund processes.
Suspension and termination
You may stop using Hypercalm or request account deletion at any time. We may suspend or terminate access when reasonably necessary to protect the service or other users, investigate fraud or security issues, comply with law or platform requirements, address nonpayment, or respond to a material or repeated violation of these terms.
Where practical, we will provide notice and an opportunity to resolve the issue. Provisions that by their nature should continue after termination—including ownership, disclaimers, liability limits, and governing law—will continue to apply.
Availability and disclaimer of warranties
We work to keep Hypercalm reliable, but features and content may be updated, suspended, or discontinued. Maintenance, device limitations, provider failures, network conditions, and circumstances beyond our control may interrupt the service.
To the fullest extent permitted by law, Hypercalm is provided "as is" and "as available." Hypercowboy LLC disclaims implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant uninterrupted or error-free operation or guarantee any particular focus, relaxation, sleep, wellness, or productivity result. Some jurisdictions do not allow certain warranty exclusions, so these exclusions may not apply to you.
Limitation of liability
To the fullest extent permitted by law, Hypercowboy LLC and its owners, employees, contractors, licensors, and service providers will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, data, goodwill, or business interruption arising from or related to Hypercalm.
To the fullest extent permitted by law, the total liability of Hypercowboy LLC for all claims arising from or related to Hypercalm will not exceed the greater of one hundred U.S. dollars or the amount you paid to Hypercalm during the 12 months before the event giving rise to the claim. These limitations do not apply where applicable law does not permit them or to liability that cannot legally be limited.
Governing law
These terms are governed by the laws of the State of Indiana, without regard to conflict-of-laws principles. Any dispute not resolved informally will be brought in a state or federal court with competent jurisdiction in Indiana, unless applicable consumer law requires another forum.
Changes to Hypercalm or these terms
We may update Hypercalm and these terms as the service, business, or law changes. We will post revised terms with a new effective date. If a change materially affects your rights, we will provide reasonable additional notice and request renewed agreement where required. Changes do not apply retroactively unless permitted by law and clearly stated.
General terms
If a provision of these terms is found unenforceable, it will be limited or removed only to the minimum extent necessary, and the remaining provisions will continue. Our failure to enforce a provision is not a waiver. You may not transfer these terms or your account without our permission; we may transfer these terms as part of a merger, reorganization, financing, or sale of the business or service.
These terms, the Privacy Policy, the terms shown at purchase, and any additional terms presented for a specific Hypercalm feature form the agreement between you and Hypercowboy LLC concerning the service, subject to applicable platform terms and law.
Contact
Questions about these terms can be sent to Hypercowboy LLC d/b/a Hypercalm at support@hypercalm.net.