Privacy Policy and Terms of Use for the Hertz So Good Music Therapy iOS app.
Last Updated: August 6, 2026
These Terms of Use (together with our Privacy Policy, the “Agreement”) govern your access to and use of the Hertz So Good Music Therapy mobile application (the “App”), available for download through the Apple App Store and the Google Play Store, and our companion website located at www.InspiredMoments.net (the “Web Platform,” and together with the App, the “Services”), each provided by VIP ENTERTAINMENT GROUP, LLC d/b/a Hertz So Good Music Therapy (“HSG” “Company,” “we,” “us,” or “our”). “You” or “User” means the individual who accesses or uses the Services.
PLEASE READ THESE TERMS CAREFULLY. YOU MUST AFFIRMATIVELY REVIEW AND ACCEPT THESE TERMS, AS DESCRIBED IN SECTION 2, BEFORE YOU MAY ACCESS OR USE THE SERVICES.
1.1 “App” means the HSG mobile application made available for download through the Apple App Store and the Google Play Store, together with any updates.
1.2 “Content” or “User Content” means any audio file, and any associated data, that you upload, submit, or otherwise make available through the Services for conversion.
1.3 “Conversion Services” means the audio frequency conversion functionality described in Section 3.1, including conversion between 432Hz, 528Hz, and other tuning standards.
1.4 “Device” means any smartphone, tablet, computer, or other hardware that you use to access the Services.
1.5 “Distribution Platform” means the Apple App Store, the Google Play Store, or any successor mobile-application marketplace through which the App is made available.
1.6 “Intellectual Property Rights” means all patent, copyright, trademark, trade dress, trade secret, and other proprietary rights recognized in any jurisdiction worldwide, including moral rights.
1.7 “Usage Data” means anonymized and aggregated technical and analytics information about the operation and performance of the Services (for example, conversion counts, file formats, error rates, and Device or operating-system type) that does not identify or refer to you and is not derived from the content of your audio files.
1.8 “Web Platform” means the browser-based version of the Services located at www.InspiredMoments.net.
2.1 Manual Review Required. Before you may access or use the Services, you will be presented with the full text of these Terms and must affirmatively confirm, by checking a box or tapping a button labeled substantially “I have read and agree to the Terms of Use,” presented after you have had the opportunity to scroll through and review the full text, that you have reviewed these Terms in their entirety. The Services are designed so that this step cannot be bypassed, and you may not access the Conversion Services or any other feature of the Services until this confirmation is completed. If we make a material change to these Terms, your continued use of the Services following re-presentation of this confirmation constitutes your acceptance of the Terms as revised.
2.2 Eligibility. You must be at least 13 years old to use the Services. If you are between the age of 13 and the age of legal majority in your jurisdiction, you represent that a parent or legal guardian has reviewed and agreed to these Terms on your behalf. The Services are not directed to children under the age of 13, and we do not knowingly collect personal information from children under 13.
2.3 Distribution Platform Account. To download the App, you must have a compatible Device and an active account with the applicable Distribution Platform. Your use of the Distribution Platform itself is governed by that Distribution Platform’s own terms of service, and nothing in this Agreement modifies your separate agreement with the Distribution Platform.
3.1 Audio Frequency Conversion. HSG provides audio frequency conversion services, allowing you to convert audio files between different tuning standards, including 432Hz, 528Hz, and other frequencies. Our Web Platform is only for informational purposes and does not offer any conversion services, while our App provides expanded conversion capabilities, as further described in Section 6.
3.2 Educational Resources. We provide educational content about audio frequencies, their historical significance, and potential benefits (the “Educational Content”). The Educational Content is provided for general informational and educational purposes only, does not constitute medical, health, or therapeutic advice, and should not be relied upon as such. See Section 9.2.
3.3 Service Availability. While we strive to maintain 99.9% uptime for the Services, the Services are provided “AS IS” and “AS AVAILABLE,” and we do not guarantee uninterrupted or error-free availability. Planned maintenance and unexpected downtime may occur. We will use commercially reasonable efforts to provide advance notice of planned maintenance where practicable, but no such notice is required for emergency or security-related maintenance.
3.4 Modifications. We may, in our sole discretion, revise, update, or remove features, functionality, or service levels of the Services at any time, including through automatic App updates distributed via the applicable Distribution Platform.
4.1 License Grant. Subject to your compliance with this Agreement, HSG grants you a limited, non-exclusive, non-transferable, non-sublicensable license to download, install, and use the App on any Apple-branded or Android-branded Device that you own or control, and as permitted by the applicable Distribution Platform’s usage rules (including, for the Apple App Store, the Usage Rules set forth in the Apple Media Services Terms and Conditions).
4.2 Restrictions. You will not, and will not permit any third party to: (i) copy, modify, or create derivative works of the App; (ii) reverse engineer, disassemble, decompile, or otherwise attempt to derive the source code or underlying algorithms of the App, except to the extent such restriction is prohibited by applicable law; (iii) remove, circumvent, or disable any security or usage-limitation feature of the Services; (iv) use automated tools, bots, or scripts to access or overwhelm the Services; or (v) rent, lease, sublicense, distribute, or otherwise commercially exploit the App.
4.3 Third-Party Beneficiaries. You acknowledge that Apple Inc. and Google LLC (and their respective subsidiaries) are third-party beneficiaries of this Agreement as it relates to your use of the App on their respective platforms, and each such company has the right to enforce this Agreement against you as a third-party beneficiary.
5.1 Acceptable Use. You may only upload and convert audio files that you own or have legal permission to use. Prohibited uses include:
5.2 File Management. You are solely responsible for maintaining backup copies of your original audio files. While we maintain commercially reasonable security standards, we are not liable for any loss of uploaded files during processing, and files are deleted from our servers as described in Section 7.2.
5.3 Accuracy of Information. You are responsible for the accuracy and legality of any information you provide in connection with your use of the Services.
6.1 The App. Subject to Section 6.3, the App provides:
6.2 Fair Use Policy. The limits and capabilities described in this Section 6 are intended to ensure quality service for all Users. Use that is excessive, abusive, or that materially impacts the performance of the Services for other Users may result in temporary or permanent restriction of your access, in our reasonable discretion.
7.1 Our Rights. HSG owns all right, title, and interest in and to the Services, including our conversion algorithms, user interface, Educational Content, Usage Data, and trademarks (collectively, the “HSG IP”). Subject to your compliance with this Agreement, we grant you a limited, non-exclusive, non-transferable license to use the Services for your personal or, if applicable, commercial audio-conversion needs. Except as expressly set forth in this Agreement, no license or other right to the HSG IP is granted to you, and all such rights are expressly reserved.
7.2 Your Content. You retain full ownership of your uploaded audio files. By using the Services, you grant us a temporary, limited, non-exclusive license to access, process, and store your audio files solely for the purpose of performing the Conversion Services you request. This license terminates automatically, and your files are deleted from our servers, within thirty (30) minutes of the completion of processing. We do not use the content of your audio files to train machine-learning models, and we do not otherwise use, license, or share the content of your audio files for any purpose other than performing the Conversion Services you request.
7.3 Third-Party Content. You are solely responsible for ensuring that you have the rights necessary to convert any audio content you upload. We do not verify copyright ownership of uploaded files and are not liable for any copyright-infringement claim arising from your use of the Services.
7.4 Copyright Complaints. If you believe that content processed through the Services infringes your copyright, you may submit a notice to our designated agent at Delgado Entertainment Law, PLLC, 6803 E. Main Street, Suite 1116, Scottsdale, AZ 85251, Attn: Krystle Delgado, Krystle@delgadoentertainmentlaw.com and Guyliana Plantain, Gigi@delgadoentertainmentlaw.com, including the information required under 17 U.S.C. § 512(c)(3). We reserve the right to remove or disable access to content, and to suspend or terminate the access of Users, that we determine, in our reasonable discretion, to be repeat infringers.
8.1 Purchases. If you purchase a subscription or other paid feature through the App, that purchase is processed by the applicable Distribution Platform and is subject to that Distribution Platform’s payment terms, billing practices, and refund policies, in addition to this Agreement. We do not directly process or store your payment-card information.
8.2 Refunds. Refund requests for purchases made through the Apple App Store or Google Play Store must be directed to Apple or Google, respectively, in accordance with their applicable refund policies. HSG does not control, and cannot guarantee the outcome of, such requests.
8.3 Auto-Renewal. If any subscription offered through the App renews automatically, the price, billing frequency, and cancellation procedure applicable to that auto-renewal will be disclosed to you prior to purchase in accordance with the applicable Distribution Platform’s requirements, and you may cancel at any time through your Distribution Platform account settings.
9.1 Service Disclaimer. THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED. WHILE WE STRIVE FOR ACCURACY IN OUR CONVERSIONS, WE CANNOT GUARANTEE PERFECT RESULTS FOR ALL AUDIO TYPES AND QUALITIES. WE EXPRESSLY DISCLAIM ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, ACCURACY, TITLE, AND NON-INFRINGEMENT, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY REGARDING: (I) UNINTERRUPTED SERVICE AVAILABILITY; (II) ACCURACY OF CONVERSION RESULTS FOR ALL AUDIO FORMATS; (III) COMPATIBILITY WITH ALL DEVICES AND SOFTWARE; AND (IV) ANY SPECIFIC HEALTH OR THERAPEUTIC BENEFIT.
9.2 Health and Medical Disclaimer. INFORMATION ABOUT 432HZ, 528HZ, AND OTHER FREQUENCIES PROVIDED THROUGH THE SERVICES, INCLUDING THE EDUCATIONAL CONTENT, IS FOR EDUCATIONAL PURPOSES ONLY. WE MAKE NO MEDICAL CLAIMS ABOUT THE HEALING OR THERAPEUTIC PROPERTIES OF ANY SPECIFIC FREQUENCY. THE SERVICES ARE NOT INTENDED TO DIAGNOSE, TREAT, CURE, OR PREVENT ANY DISEASE OR MEDICAL CONDITION, AND HAVE NOT BEEN EVALUATED BY THE U.S. FOOD AND DRUG ADMINISTRATION OR ANY SIMILAR REGULATORY AUTHORITY. CONSULT A QUALIFIED HEALTHCARE PROFESSIONAL BEFORE RELYING ON ANY INFORMATION PROVIDED THROUGH THE SERVICES FOR HEALTH-RELATED PURPOSES.
9.3 Apple Warranty Disclosure. As set forth in Section 4.4, in the event of any failure of the App to conform to any applicable warranty, you may notify Apple for a refund of the purchase price, if any; to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the App.
IMPORTANT: PLEASE READ THIS SECTION CAREFULLY, AS IT LIMITS OUR LIABILITY TO YOU.
10.1 To the maximum extent permitted by law, HSG shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to: (i) loss of profits, data, or business opportunities; (ii) costs of substitute goods or services; (iii) loss or corruption of audio files during processing; and (iv) business interruption or system downtime.
10.2 Our total liability for any claim relating to the Services shall not exceed the greater of (i) the amount you paid us for the Services in the twelve (12) months preceding the claim, or (ii) $100.
10.3 As set forth in Section 4.4, HSG, and not Apple or Google, is solely responsible for any product-liability claims, claims that the App fails to conform to legal or regulatory requirements, consumer-protection claims, and claims relating to intellectual-property infringement arising from the App.
10.4 Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations may not apply to you in full.
You agree to defend, indemnify, and hold harmless HSG and its officers, directors, employees, and agents from and against any claims, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or relating to: (i) your use or misuse of the Services; (ii) your User Content, including any allegation that your uploaded audio files infringe, misappropriate, or violate the intellectual-property or other rights of a third party; (iii) your violation of this Agreement or any applicable law; or (iv) your negligence or willful misconduct.
12.1 Your Rights. You may stop using the Services at any time, and may delete the App from your Device. If you made a purchase through the App, the applicable Distribution Platform’s refund policies and purchase terms apply, as described in Section 8.
12.2 Our Rights. We may suspend or terminate your access to the Services if you violate this Agreement, engage in any prohibited activity described in Section 5.1, or if we reasonably determine that continued access would harm our systems or other Users.
12.3 Effect of Termination. Upon termination, your right to use the Services ceases immediately. Any files in processing at the time of termination will be completed and then deleted in accordance with Section 7.2. Sections 7 (Intellectual Property), 9 (Disclaimers and Warranties), 10 (Limitation of Liability), 11 (Indemnification), and 13 (General Provisions) will survive termination.
13.1 Publicity. You may not use or publicly associate yourself with HSG’s trademarks, logos, or other intellectual property without our express prior written authorization.
13.2 No Waiver. This Agreement may not be altered, amended, or modified except as described in Section 13.9. Our failure to enforce any provision of this Agreement will not be construed as a waiver of our right to enforce that provision, or any other provision, thereafter.
13.3 Severability. If any provision of this Agreement is determined to be invalid, illegal, or unenforceable, the remainder of this Agreement will remain in full force and effect.
13.4 Governing Law. This Agreement will be interpreted, construed, and enforced in accordance with the laws of the State of Arizona, without reference to its choice-of-law rules. You and HSG irrevocably consent to the exclusive jurisdiction of the state and federal courts located in Maricopa County, Arizona in connection with any dispute arising out of this Agreement, and waive any objection that such venue is an inconvenient forum.
13.5 Force Majeure. HSG will not be liable for any failure or delay in performance due to causes beyond our reasonable control, including fire, flood, earthquake, strike, war (declared or undeclared), embargo, governmental action, riot, insurrection, epidemic or pandemic, or internet, telecommunications, or power outage.
13.6 No Assignment. You may not assign or transfer your rights or obligations under this Agreement without our prior written consent. We may assign this Agreement without your consent in connection with a merger, acquisition, or sale of all or substantially all of our assets.
13.7 Notices. Any notice required or permitted under this Agreement must be in writing and sent to 6803 E. Main Street, Suite 1116, Scottsdale, AZ 85251, Attn: Krystle Delgado, Krystle@delgadoentertainmentlaw.com and Guyliana Plantain, Gigi@delgadoentertainmentlaw.com, or to such other address as we may designate. You consent to receive electronic communications from us, including via email and through in-App notifications.
13.8 California Privacy Rights (CCPA/CPRA). HSG is a “business” as defined under the California Consumer Privacy Act, as amended by the California Privacy Rights Act (Cal. Civ. Code § 1798.100 et seq.). We do not “sell” or “share” personal information, as those terms are defined under the CCPA/CPRA, in exchange for monetary or other valuable consideration. For more information about the personal information we collect and your rights with respect to that information, see our Privacy Policy.
13.9 Changes to these Terms. We may revise these Terms from time to time. If we make a material change, we will notify you by posting the updated Terms within the Services and updating the “Last Updated” date above and, where required by the applicable Distribution Platform’s rules, will require you to re-confirm your acceptance in accordance with Section 2.1 before you may continue to use the Services.
13.10 Entire Agreement. This Agreement, together with our Privacy Policy, constitutes the entire agreement between you and HSG regarding the Services and supersedes all prior or contemporaneous oral or written agreements regarding the subject matter hereof.
13.11 Contact Information. HSG can be reached at: VIP ENTERTAINMENT GROUP, LLC, studio@voiceimage.com.