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Terms of Service

Last updated: March 10, 2026

1. Agreement to Terms

By accessing or using nFluential ("AffirmTune," "the Service"), operated by Nailsmith Investments LLC ("we," "us," or "our"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the Service.

Your continued use of the Service after any changes to these Terms constitutes acceptance of the revised Terms.

2. Description of Service

nFluential is a software-as-a-service (SaaS) product that automatically injects short positive affirmation audio clips between songs on supported music streaming platforms. The Service offers:

  • Real-time affirmation injection during music playback
  • Generated interleaved playlists with pre-inserted affirmation tracks
  • A library of professionally recorded affirmation audio clips
  • Custom affirmation creation and management
  • Usage analytics and playback history

Features available to you depend on your subscription tier. We reserve the right to modify, suspend, or discontinue any part of the Service at any time, with reasonable notice for material changes.

3. Eligibility and Account Registration

You must be at least 13 years old to use the Service. If you are under 18, you must have parental or guardian consent.

You must create an account to use the Service. You agree to provide accurate, current, and complete information during registration and to keep your account information up to date. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account.

We reserve the right to suspend or terminate accounts that violate these Terms.

4. Streaming Platform Connections

The Service integrates with third-party streaming platforms (e.g., Apple Music). By connecting your streaming account, you:

  • Authorize us to access your playlists and playback state through the platform's official API
  • Acknowledge that your use of the streaming platform remains subject to that platform's own terms of service
  • Understand that we do not control the streaming platform and are not responsible for its availability or functionality
  • May disconnect your streaming account at any time through the Settings page

5. Subscription and Billing

5.1 Payment Processing

nFluential offers free and paid subscription tiers. All paid subscriptions are processed through Whop, Inc. ("Billing Provider"). By purchasing a subscription, you also agree to Whop's terms of service and privacy policy.

We do not directly collect, store, or process your payment card information. Whop is responsible for processing payment transactions, managing sales tax collection and remittance, handling chargebacks and payment disputes, and PCI DSS compliance for payment card data.

5.2 Subscription Plans

The Service is offered under multiple subscription tiers:

  • Free: Limited access with restrictions on playlist count, affirmation categories, and platform support.
  • Plus: Expanded features including additional playlists, all affirmation categories, and Apple Music web support.
  • Pro: Full access including unlimited playlists, custom affirmations, custom TTS voices, and all platforms.

Current pricing is available at nfluenti.al/pricing. Prices are displayed at the time of purchase.

5.3 Billing Cycle and Auto-Renewal

Paid subscriptions are billed monthly in advance on a recurring basis. Your subscription will automatically renew at the end of each billing period unless you cancel before the renewal date. By subscribing, you authorize recurring charges at the applicable rate until you cancel.

5.4 Price Changes

We reserve the right to change prices at any time. For existing subscribers, price changes take effect at the start of the next billing cycle following at least 30 days' written notice.

5.5 Cancellation

You may cancel your subscription at any time through Whop's management portal (accessible from your account settings). Upon cancellation, your subscription remains active until the end of the current billing period. You retain access to paid features until the period you paid for expires.

5.6 Refunds

Refunds are handled in accordance with Whop's refund policy. If you experience a technical issue preventing use of the Service, contact us at support@nfluenti.al.

6. Acceptable Use

You agree not to:

  • Use the Service to distribute harmful, offensive, or illegal content
  • Attempt to reverse-engineer, decompile, or extract source code from the Service
  • Circumvent any rate limits, access controls, or security measures
  • Use automated scripts, bots, or crawlers to access the Service (except as explicitly permitted)
  • Resell, sublicense, or commercially redistribute the Service without written permission
  • Upload custom affirmations containing hate speech, threats, explicit content, or copyrighted material you do not own
  • Impersonate others or misrepresent your affiliation with any person or organization
  • Use the Service to compete with nFluential or build a competing product
  • Interfere with or disrupt the integrity or performance of the Service
  • Create multiple accounts to circumvent restrictions or bans

7. Intellectual Property

The Service, including its design, code, branding, and pre-recorded affirmation content, is owned by Nailsmith Investments LLC and protected by applicable intellectual property laws. The nFluential name, logo, and related marks are trademarks of Nailsmith Investments LLC.

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your personal or internal business purposes.

You retain ownership of any custom affirmation content you create or upload. By uploading custom content, you grant us a non-exclusive, worldwide, royalty-free license to store, process, and play that content as part of the Service for your account. This license terminates when you delete your content or account.

8. Audio Content and Text-to-Speech

The Service uses third-party text-to-speech (TTS) providers, including ElevenLabs, to generate affirmation audio content. TTS-generated audio is provided for personal wellness and motivational purposes. We do not guarantee that TTS-generated audio will be free of errors or artifacts. You assume responsibility for the content of any custom affirmation text you submit for audio generation.

9. Health and Wellness Disclaimer

Affirmations are provided for general wellness purposes only. They are not medical advice, therapy, or a substitute for professional mental health treatment. The Service does not diagnose, treat, cure, or prevent any medical or psychological condition. Consult a qualified professional for medical or psychological concerns.

We make no claims regarding the effectiveness of affirmations for any specific outcome including but not limited to health, wealth, relationships, or personal development.

10. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do not guarantee that the Service will be uninterrupted, error-free, or compatible with all devices or streaming platforms at all times. Streaming platform APIs and features may change without notice.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NAILSMITH INVESTMENTS LLC SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR GOODWILL, ARISING FROM YOUR USE OF THE SERVICE.

Our total liability for any claim arising from or related to the Service shall not exceed the greater of (a) the amount you have paid to us in the 12 months preceding the claim or (b) $50.

12. Indemnification

You agree to defend, indemnify, and hold harmless Nailsmith Investments LLC and its officers, directors, employees, and agents from any claims, damages, obligations, losses, liabilities, costs, and expenses arising from: (a) your use of the Service; (b) your violation of these Terms; (c) your violation of any third-party rights; or (d) any custom affirmation content you upload.

13. Termination

We may suspend or terminate your access to the Service at any time for violations of these Terms or for any reason with reasonable notice. You may delete your account at any time by contacting us.

Upon termination, your right to use the Service ceases immediately. We will delete your personal data in accordance with our Privacy Policy, except as required by law. Sections 7, 9, 10, 11, 12, 14, and 15 survive termination.

14. Dispute Resolution

14.1 Informal Resolution

Before filing a formal claim, you agree to attempt to resolve the dispute informally by contacting us at support@nfluenti.al. We will attempt to resolve the dispute within 30 days.

14.2 Arbitration

If informal resolution fails, any dispute shall be resolved by binding arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules. The arbitration shall take place in Delaware. The arbitrator's decision shall be final and binding.

14.3 Class Action Waiver

YOU AGREE TO RESOLVE DISPUTES ON AN INDIVIDUAL BASIS. TO THE EXTENT PERMITTED BY LAW, YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION, OR REPRESENTATIVE ACTION.

15. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law provisions. Any disputes not subject to arbitration shall be resolved in the state or federal courts located in Delaware.

16. Changes to These Terms

We may update these Terms from time to time. We will notify you of material changes by posting the new terms on this page and updating the "Last updated" date. For material changes, we will provide at least 30 days' notice via email or in-app notification. Your continued use of the Service after the effective date of revised Terms constitutes your acceptance.

17. Severability

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

18. Entire Agreement

These Terms, along with our Privacy Policy and any additional terms for specific services, constitute the entire agreement between you and Nailsmith Investments LLC regarding the Service.

19. Contact Us

If you have questions about these Terms of Service, contact us at:

Nailsmith Investments LLC
Email: support@nfluenti.al
Website: https://nfluenti.al