Terms & Conditions Last updated: 14 April 2026
This document sets out the terms and conditions (“Terms”) on which Team Penguin, a French company with registered office at 128 rue de la Boétie, 75008 Paris (France) and company number 811 667 674 RCS Paris (“we”) provides you with access to HypnoVape (the “App”). Please read these Terms very carefully before using the App.
1. Acceptance of the Agreement
You acknowledge and agree that by downloading and using the App or subscribing to our services, you agree to be bound by (i) these Terms, and (ii) any terms disclosed and agreed to by you if you purchase additional features we offer on the App (collectively, this “Agreement”). If you do not accept this Agreement, you will not be able to use the App.
We may make changes to this Agreement and to the service from time to time. We may do this for a variety of reasons including to reflect changes in or requirements of the law, new features, or changes in business practices. The most recent version of this Agreement will be posted on the App, and you should regularly check for the most recent version. The most recent version is the version that applies. If the changes include material changes to your rights or obligations, we will notify you at least 30 days in advance of the changes (unless we’re unable to do so under applicable law) by notification through the App. If you continue to use the App after the changes become effective, then you agree to the revised Agreement. Nevertheless, if you make an in-app purchase, you will remain bound by the version of the Terms applicable at the time you accepted them.
2. Eligibility
You must be a consumer, be at least 18 years old and have reached the age of majority in your country of residence.
3. Access and use of the App
To access and use the App, you must:
a) Download the App from the App Store (free). b) Open the App and answer a few questions to personalize your quitting plan (optional). Please note that in accordance with our Privacy Policy, any information that you enter here will remain locally on your smartphone and will not be transferred to our servers. We will never have access to that information. c) Start using the free version of the App with limited features, or subscribe to one of our paid plans to get full access to all hypnosis sessions and boosters. You can subscribe at any time.
4. Subscription
You can access and use the basic features of the App for free. If you want to access the full program, you can subscribe at any time using in-app purchase. We offer different subscription plans. The applicable prices and conditions are specified in the App.
If you choose to make an in-app purchase, your App Store account will be charged in accordance with the terms disclosed to you at the time of purchase as well as the general terms for in-app purchases that apply to your App Store account. Apple may charge you sales tax, depending on where you live. If you purchase an auto-recurring periodic subscription through an in-app purchase, your App Store account will continue to be billed for the subscription until you cancel.
5. Payment terms
Payment is due for the entire period of subscription at the time when you subscribe to our services.
We have no direct control over payment, exchange rate or transfer of funds nor on any possible fees inherent to these operations.
Consequently, your App Store alone is liable for its payment terms and processes. This is why we have no control over reimbursement of your purchase. Any requests related to payment must be sent to Apple. We do not collect any banking information. Your bank details are collected and processed directly by Apple and remain outside of our control.
6. Subscription term and renewal
Your subscription takes effect starting at the time you subscribed and for the entire subscription period chosen.
After your initial subscription commitment period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period, at the price you agreed to when subscribing.
If you do not wish your subscription to renew automatically, or if you want to change or terminate your subscription, you will need to log in to your App Store account and follow the instructions to cancel your subscription, even if you have otherwise deleted the App from your device. Deleting the App from your device does not cancel your subscription. We recommend that you terminate your subscription at least 24 hours prior to the end of the current subscription period.
If you terminate or cancel your subscription, you may use your subscription until the end of your then-current subscription term, and your subscription will not be renewed after your then-current term expires.
7. Right of withdrawal
As specified in Section 5 above, payments are processed and managed entirely by the App Store, such that the right of withdrawal, if applicable, must be exercised directly through Apple.
To exercise this right, you must notify Apple by submitting a request using the following link: https://getsupport.apple.com. The terms and conditions for exercising your right to withdrawal from the App Store are accessible here: https://www.apple.com/legal/internet-services/itunes/fr/terms.html.
8. Your rights and obligations
Subject to your compliance with these Terms, we grant you a personal, worldwide, limited, non-exclusive, non-transferable, royalty-free, revocable right to access and use the App in accordance with the Agreement, strictly for your personal use.
Any other use of the App, not authorized by us, is prohibited. In particular, you shall not:
- use the App or any of its content for any commercial purposes without our written consent;
- use any robot, bot, spider, crawler, scraper or other automatic device to access, retrieve, index or data mine any part of the App;
- use the App in any way that could interfere with, disrupt or negatively affect the App or the servers or networks connected to the App;
- upload viruses or other malicious code or otherwise compromise the security of the App;
- modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the App;
- use or develop any third-party applications that interact with the App without our written consent;
- encourage or promote any activity that violates this Agreement.
In the event that we believe that you are making illegal and/or unauthorized use of the App, we reserve the right to take any action we deem necessary, including terminating the agreement and, in the case of illegal use, initiating legal proceedings.
9. Intellectual property
The App, its content and all elements present on the App are protected by intellectual property law and may not be reproduced or used without our prior consent.
10. Personal data
We may collect certain information concerning you when you use our App or contact us. For more information on how we collect and process your personal data, and how to exercise your rights, please read our Privacy Policy.
11. Availability and security of the App
In principle, the App is accessible 24/7, except for interruptions, scheduled or unscheduled, for maintenance purposes or in cases of force majeure. We decline all responsibility in the event of malfunction or interruption of the service beyond our control. We cannot be held responsible for any damage you may suffer as a result of your use of the App if this damage results from one of your actions or omissions or from a technical incompatibility between your equipment and the App.
12. Disclaimers
We provide the App on an “as is” and “as available” basis and to the extent permitted by applicable law, we grant no warranty of any kind with respect to the App and its content.
The App has been designed to help you quit vaping through hypnosis. Results will vary between users, and we make no guarantees as to the suitability of your use of the App or to any particular, intended result.
Hypnosis is a powerful tool, but it may sometimes need complementary therapy or counseling sessions in conjunction with this program. HypnoVape is not a medical treatment and is no substitute for the services provided by counselors, coaches, psychologists, psychiatrists, psychotherapists or physicians. Consequently, we do not assume any liability whatsoever in the event that users fail to consult qualified experts or specialists.
Nothing in this Section 12 will limit or exclude any of our liabilities in any way that is not permitted under applicable law.
13. General
These Terms are governed by French law, except in cases where the law of your country of residence requires a higher level of protection that cannot be derogated from by agreement, in which case such law shall apply.
In case of dispute, we invite you to contact Customer Service (see Section 14) in order to find an amicable solution. If you are an EU or EEA resident and no amicable solution is found, you may resort to mediation free of charge or submit your claim on the European Commission’s online dispute resolution platform: https://ec.europa.eu/consumers/odr/
14. Customer Service
If you have any comments or questions, please contact us at hypnovape@teampenguin.xyz.