Terms of Service

1. About Sonaya & Our Company

1.1 Service Description

Sonaya is the world's first AI-powered meditation platform that creates personalized meditation experiences in your own voice. Our service uses advanced voice cloning technology to generate guided meditation sessions tailored to your goals, mood, and preferences.

1.2 Service Status

Production Ready: Sonaya is a fully functional product available on iOS and Android platforms. We are actively seeking $250K Seed funding to scale operations.

2. Acceptance of Terms

By accessing or using Sonaya, you affirm that you:

• Are at least 18 years of age
• Have the legal capacity to enter into these Terms
• Agree to comply with all applicable laws and regulations
• Have read and understood our Privacy Policy
• Consent to the processing of your voice data as described in our Privacy Policy

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

3. Voice Data Collection & Biometric Consent

3.1 Explicit Consent for Voice Processing

Before using our voice recording feature, you must provide explicit consent for the collection and processing of your voice data. By clicking "I Consent to Voice Cloning," you acknowledge and agree that:

• Your voice recordings constitute biometric data under GDPR Article 9
• Your voice may reveal sensitive personal characteristics
• We will process your voice using third-party AI services (ElevenLabs, OpenAI)
• You can withdraw consent at any time

3.2 Voice Ownership & Rights

3.3 Prohibited Voice Activities

You are strictly prohibited from:

• Recording others without consent: Only use your own voice
• Impersonation: Using voice clones to impersonate others
• Deepfakes: Creating deceptive or misleading audio content
• Illegal content: Generating content that violates laws
• Harassment: Using voice technology for bullying or abuse

3.4 Voice Verification

You represent and warrant that any voice data you upload is your own voice or you have explicit written permission from the voice owner. Violation may result in immediate account termination and legal action.

4. Subscription Plans & Pricing

4.1 Pricing Structure

Sonaya operates on a freemium SaaS model with the following plans:

4.2 Payment Processing

Important: All prices are listed in EUR (€). Applicable taxes (VAT, sales tax) may be added at checkout based on your location.

Payments are processed securely through:

• Stripe - for credit/debit card payments
• Apple App Store - for iOS in-app purchases
• Google Play - for Android in-app purchases

We do not store your full payment card details. All payment processing complies with PCI-DSS standards.

4.3 Billing & Renewal

• Automatic Renewal: Subscriptions automatically renew unless cancelled before the renewal date
• Price Changes: We will notify you 30 days before any price increases
• Failed Payments: Service may be suspended if payment fails; we'll attempt to retry

4.4 Cancellation Policy

You may cancel your subscription at any time through:

• App Settings → Subscription Management
• Apple App Store (for iOS users)
• Google Play Store (for Android users)
• Contacting support: support@sonaya.ai

Effect of Cancellation: You will retain access to premium features until the end of your current billing period. No refunds are provided for partial billing periods.

4.5 Refund Policy

4.6 Free Trial (If Applicable)

We may offer promotional free trials. By starting a trial:

• You must provide payment information
• You will be automatically charged when the trial ends unless you cancel
• One free trial per user; duplicate accounts will be terminated

5. User Responsibilities & Account Security

5.1 Account Creation

To use Sonaya, you must:

• Provide accurate and complete registration information
• Maintain and update your account information
• Keep your password secure and confidential
• Notify us immediately of any unauthorized access

5.2 Acceptable Use

You agree to use Sonaya only for:

• Personal meditation and wellness practices
• Self-improvement and relaxation
• Creating personalized meditation content for your own use

5.3 Prohibited Uses

You agree NOT to:

• Violate any laws or regulations
• Infringe on intellectual property rights
• Transmit harmful code (viruses, malware)
• Attempt to reverse engineer our technology
• Use automated tools to access the service (bots, scrapers)
• Share your account credentials with others
• Create multiple accounts to abuse free trials
• Resell or redistribute our service

6. Intellectual Property Rights

6.1 Sonaya's Intellectual Property

The Sonaya platform, including but not limited to:

• Software, algorithms, and source code
• User interface and design elements
• Sonaya brand name, logo, and trademarks
• Meditation scripts and content (excluding your personalized meditations)
• Documentation and marketing materials

...are owned by Dinkel AI & Media Tech GmbH and protected by Austrian, European, and international copyright, trademark, and intellectual property laws.

6.2 User Content Ownership

6.3 AI-Generated Content

Meditation scripts generated by our AI remain the intellectual property of Sonaya, but you have a personal license to use meditations created for you within the app.

6.4 Feedback & Suggestions

Any feedback, suggestions, or ideas you provide to Sonaya become our property, and we may use them without compensation or attribution.

7. Service Availability & Modifications

7.1 Service Availability

We strive to provide 99.9% uptime, but we do not guarantee that:

• The service will be uninterrupted or error-free
• Defects will be immediately corrected
• The service will be free from viruses or harmful components

7.2 Scheduled Maintenance

We may perform scheduled maintenance with advance notice. Emergency maintenance may occur without notice if necessary to protect the service or user data.

7.3 Service Modifications

We reserve the right to:

• Modify, suspend, or discontinue any feature or the entire service
• Change pricing with 30 days' notice
• Update these Terms (see Section 14)

8. Limitation of Liability & Disclaimers

8.1 Medical Disclaimer

8.2 Service "As Is"

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
• Non-infringement
• Accuracy or reliability

8.3 Limitation of Liability

To the maximum extent permitted by Austrian and EU law:

• Sonaya shall not be liable for any indirect, incidental, special, consequential, or punitive damages
• Our total liability shall not exceed the amount you paid us in the 12 months preceding the claim
• We are not liable for third-party actions (AI service providers, payment processors)

8.4 Force Majeure

We are not liable for delays or failures due to circumstances beyond our reasonable control, including but not limited to: natural disasters, wars, pandemics, government actions, internet outages, or third-party service failures.

9. Account Termination

9.1 Termination by You

You may close your account at any time by:

• Using the "Delete Account" option in app settings
• Contacting support at support@sonaya.ai

9.2 Termination by Sonaya

We may suspend or terminate your account immediately without notice if:

• You violate these Terms of Service
• You engage in fraudulent or illegal activity
• Payment failures occur repeatedly
• Your account is inactive for more than 3 years
• Required by law or government order

9.3 Effects of Termination

Upon account termination:

• Immediate: Access to the service is revoked
• 30 days: Voice data is permanently deleted
• 90 days: Personal information is removed (except as required by law)
• No refunds: Prepaid subscriptions are non-refundable upon termination

9.4 Data Export

Before termination, you may request a copy of your data via the Privacy Dashboard or by contacting our Data Protection Officer.

10. Third-Party Services & Links

10.1 AI Service Providers

Sonaya integrates with third-party AI services:

• ElevenLabs - Voice cloning and synthesis
• OpenAI - Meditation script generation

These services have their own Terms of Service and Privacy Policies. By using Sonaya, you acknowledge that your data will be processed by these providers as described in our Privacy Policy.

10.2 Authentication Services

If you sign in using Google or Apple:

• You agree to their respective Terms of Service
• We receive limited profile information (name, email)
• You can revoke access through your Google/Apple account settings

10.3 Third-Party Links

Our service may contain links to third-party websites. We are not responsible for their content, privacy practices, or terms. Access them at your own risk.

11. Governing Law & Jurisdiction

11.1 Applicable Law

These Terms are governed by and construed in accordance with the laws of Austria and the European Union, without regard to conflict of law principles.

11.2 Jurisdiction

Any disputes arising from these Terms or your use of Sonaya shall be subject to the exclusive jurisdiction of the courts in Vienna, Austria.

11.3 EU Consumer Rights

Nothing in these Terms affects your statutory rights as a consumer under EU law, including:

• Right to withdraw from online purchases (14 days)
• Right to legal guarantee (2 years for goods/services)
• Right to bring legal action in your country of residence

11.4 Dispute Resolution

We encourage you to contact us first to resolve disputes amicably:

• Email: legal@sonaya.ai
• Phone: +43 664 2327085

EU Online Dispute Resolution: EU residents can use the ODR platform at https://ec.europa.eu/consumers/odr

12. Data Protection & Privacy

Your privacy is critically important to us. Our data practices are detailed in our Privacy Policy, which is incorporated into these Terms by reference.

Key points:

• We comply with GDPR and Austrian Data Protection Act
• Your voice data is processed with explicit consent
• You have full GDPR rights (access, rectification, erasure, etc.)
• Data transfers outside EU are protected by Standard Contractual Clauses

For detailed information, please read our Privacy Policy.

13. Children's Use of Service

Sonaya is not intended for individuals under 18 years of age. We do not knowingly collect personal information from minors.

If you are a parent or guardian and believe your child has provided us with personal information, please contact us immediately at privacy@sonaya.ai.

Upon discovery, we will delete such information within 30 days.

14. Changes to These Terms

14.1 Modification Process

We may update these Terms from time to time. When we make changes, we will:

• Update the "Last Updated" date at the top
• Notify you via email (for material changes)
• Display a prominent notice in the app
• Provide 30 days' notice before changes take effect

14.2 Your Options

If you disagree with the updated Terms:

• You may terminate your account before the changes take effect
• Continued use after the effective date constitutes acceptance

14.3 Material Changes

For changes that materially affect your rights (e.g., pricing, data usage), we will seek renewed consent where required by law.

15. Miscellaneous Provisions

15.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Sonaya regarding use of our service.

15.2 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

15.3 No Waiver

Our failure to enforce any right or provision in these Terms shall not constitute a waiver of that right or provision.

15.4 Assignment

You may not assign or transfer these Terms or your account to any third party. We may assign our rights and obligations to any third party (e.g., in case of merger or acquisition).

15.5 Language

These Terms are provided in English. In case of translation discrepancies, the English version prevails.

15.6 Contact for Legal Notices

All legal notices should be sent to:

16. Acknowledgment & Acceptance