Terms of Use

Effective date: 14 June 2026

The essentials: Hertzy is a wellness and relaxation tool, not a medical device. By downloading or using the app, you agree to these terms and to using Hertzy responsibly and at a safe, comfortable volume.

1. Acceptance of these terms

These Terms of Use (“Terms”) form an agreement between you and Hertzy (“we”, “us”) governing your use of the Hertzy mobile application and any related content (the “App”). By downloading, installing, or using the App you agree to these Terms. If you do not agree, please do not use the App.

2. Health & wellness disclaimer

Hertzy is a wellness and relaxation tool. Its tones, binaural beats, isochronic pulses, and ambient sounds are not a medical device and are not intended to diagnose, treat, cure, or prevent any condition, including ADHD, anxiety, insomnia, or any illness. The effects of binaural beats and similar audio are not conclusively proven.

The App is not a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of a qualified health provider with any questions you may have. Do not use the App in a way that could interfere with your safety.

Do not use Hertzy while driving or operating machinery, and stop use if you experience discomfort, dizziness, or any adverse effect. If you have a history of seizures, epilepsy, or any hearing or neurological condition, consult a doctor before use.

3. Safe listening

Prolonged exposure to loud audio can damage your hearing. Keep the volume at a comfortable, low level — especially when using headphones for binaural content. You are responsible for setting a safe volume.

4. License

We grant you a personal, limited, non-exclusive, non-transferable, revocable license to use the App on devices you own or control, for your own personal, non-commercial use, subject to these Terms and the Apple App Store Terms of Service.

5. Acceptable use

You agree not to:

copy, modify, reverse-engineer, decompile, or create derivative works of the App;
resell, rent, sublicense, or commercially exploit the App or its content;
use the App in any unlawful manner or in violation of these Terms;
attempt to interfere with, disrupt, or gain unauthorized access to the App.

6. Purchases & subscriptions

The App is free to download and is supported by advertising. You may make an optional one-time in-app purchase (“Remove Ads”) to hide ads. All purchases are processed by Apple through the App Store and are subject to Apple's terms. Prices are shown before purchase. Except where required by law, purchases are non-refundable; refund requests are handled by Apple.

7. Advertising

Unless you purchase “Remove Ads”, the App displays advertising provided by third parties (Google AdMob). Your interactions with ads are governed by the advertiser's and ad network's own terms and privacy practices.

8. Intellectual property

The App, including its design, code, presets, and branding, is owned by us and protected by intellectual-property laws. These Terms do not grant you any rights to our trademarks or other brand features.

9. Privacy

Your use of the App is also governed by our Privacy Policy, which explains the limited, anonymous data we collect.

10. Disclaimer of warranties

The App is provided “as is” and “as available”, without warranties of any kind, whether express or implied, including fitness for a particular purpose and non-infringement. We do not warrant that the App will be uninterrupted, error-free, or that any particular result or effect will be achieved.

11. Limitation of liability

To the maximum extent permitted by law, we will not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss arising from your use of, or inability to use, the App. Nothing in these Terms limits liability that cannot be limited under applicable law.

12. Changes to the App and these Terms

We may update the App and these Terms from time to time. If we make material changes, we will update the effective date above. Your continued use of the App after changes take effect constitutes acceptance of the revised Terms.

13. Termination

You may stop using the App at any time by deleting it. We may suspend or terminate your access if you breach these Terms.

14. Governing law

These Terms are governed by the laws of the Netherlands, without regard to conflict-of-law principles, except where mandatory consumer-protection laws of your country of residence apply.

15. Contact

Questions about these Terms? Email support@timkunst.nl.