Terms of Service

1. About Sonaya & Our Company

1.1 Service Description

Sonaya is an AI-powered meditation platform that uses voice cloning technology (provided by ElevenLabs) and AI text generation (provided by OpenAI) to create personalized guided meditation sessions narrated in a voice similar to your own. By providing a voice sample, you enable our service to generate meditation audio content 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 & BILLING

4.1 Subscription Plans

Sonaya operates on a freemium SaaS model. Subscription prices, features, and limits are displayed in the app and on our website. All prices are in EUR (€) and may be subject to VAT or other applicable taxes based on your location.

Current plans include:

• Basic (Free): Limited meditations, storage, and features
• Standard: €9.99/month or €69/year - Increased usage and full features
• Premium: €15.9/month or €119/year - Enhanced quality and unlimited storage

4.2 Payment Terms

Payments are processed securely through:

• Stripe (credit/debit cards)
• Apple App Store (iOS in-app purchases)
• Google Play (Android in-app purchases)

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

4.3 Automatic Renewal (Adapted to Austrian Law)

Subscriptions automatically renew unless cancelled. In accordance with Austrian consumer protection law, we implement the following safeguards:

• 7-Day Email Reminder: You will receive a renewal reminder email 7 days before your subscription renews
• 24-Hour Charge Window: Payment will be processed within 24 hours of the renewal reminder
• Cancellation Options:
  • Cancel anytime via app settings (Settings → Subscription Management)
  • Cancel through your payment provider (Apple App Store / Google Play)
  • Email us at support@sonaya.ai
• No Penalty for Cancellation: You may cancel at any time without fees or penalties
• Effect of Cancellation: You retain access until the end of your current billing period

4.4 Refund Policy & Withdrawal Right

Refund Process:

• Request refunds within 14 days of purchase
• We will process approved refunds within 14 days
• Refunds will be issued to your original payment method
• For App Store/Play Store purchases, refunds are subject to their policies

Refunds Outside 14-Day Window:

• Generally, no refunds after 14 days
• Exceptions: technical issues preventing service use, duplicate charges, or billing errors
• Contact support@sonaya.ai to request exceptional refunds

4.5 Price Changes & Notifications

We reserve the right to change subscription prices. You will receive 30 days' advance notice via email before any price increase takes effect. Continuing your subscription after the notice period constitutes acceptance of the new pricing.

4.6 Failed Payments & Service Suspension

If payment fails, we will attempt to retry charging your payment method. If payment continues to fail, your subscription may be downgraded or suspended. You are responsible for maintaining valid payment information.

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 & Copyright Status

Current Position: You have the right to access, download, and use all meditations generated specifically for you within the Sonaya platform for personal, non-commercial purposes. However, you may not:

• Sell, distribute, or commercially exploit AI-generated meditations
• Claim copyright ownership of AI-generated content
• Use generated content to train competing AI systems

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 reliable service, 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 AI-Generated Content Disclaimer

7.3 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.

7.4 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 (Austrian Law)

Our liability is governed by Austrian law. The following limitations apply:

Sonaya IS Liable for:

• Intent or Gross Negligence: Damages caused by our intentional misconduct or gross negligence
• Personal Injury: Bodily harm or health damage caused by our negligence (including slight negligence)
• Mandatory Austrian Law: Liability that cannot be excluded under Austrian consumer protection law

Liability Cap: In cases where we are liable, our total liability shall not exceed the amount you paid us in the 12 months preceding the claim, except for personal injury or where Austrian law requires otherwise.

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 Management & Termination

9.1 Immediate Termination by User

You may close your account at any time without notice by:

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

Effect: Your account and data will be deleted according to our Privacy Policy retention schedule.

9.2 Ordinary Termination by User

For active subscriptions, you may cancel with 30 days' notice by:

• Cancelling through app settings (Settings → Subscription → Cancel)
• Cancelling through Apple App Store or Google Play
• Emailing support@sonaya.ai with subject "Subscription Cancellation"

Effect: Your subscription will end after the current billing period. You retain access until the paid period expires.

9.3 Termination by Sonaya (For Cause)

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

Effect: No refund will be provided if termination is for cause (Terms violation).

9.4 Termination by Sonaya (Without Cause)

We may terminate the service without cause by providing 30 days' notice. In this case, we will provide a pro-rata refund for any unused portion of your prepaid subscription period.

9.5 Data Retention After 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)
• 7 years: Financial records retained for Austrian law compliance

9.6 Data Export After Termination

You have the right to request a copy of your data before account termination. To exercise this right:

• Use the "Export Data" feature in the Privacy Dashboard (Settings → Privacy → Export Data)
• Contact support@sonaya.ai with subject "Data Export Request"
• We will provide your data in machine-readable format (JSON/CSV) within 30 days

For more information on data retention and export, see our Privacy Policy Section 7 (Data Retention).

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 Protection Rights

Your EU consumer rights include (but are not limited to):

• Right to withdraw from online purchases (14 days - see Section 4.4)
• Right to legal guarantee (2 years for digital services under EU law)
• Right to bring legal action in your country of residence
• Protection against unfair contract terms

11.4 Dispute Resolution

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

• Email: support@sonaya.ai

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

Children Under 18: Sonaya is not intended for children under 18 years of age. We do not knowingly collect personal information from children.

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

For minor changes (e.g., clarifications, formatting, typos):

• We will update the "Last Updated" date
• Continued use constitutes acceptance

14.3 Material Changes

For changes that materially affect your rights (e.g., pricing increases, significant changes to data processing, new fees, limitation of liability changes), we will:

• Provide 30 days' advance notice via email and in-app notification
• Require your explicit consent to continue using the service
• Give you the option to terminate your subscription without penalty if you do not agree

Your Options if You Disagree:

• Reject the changes and cancel your subscription (no penalty, access until end of billing period)
• Request a pro-rata refund if you cancel due to material changes
• Contact support@sonaya.ai with concerns

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