Terms of Service

Version 2 — effective 9 October 2026. The Privacy Policy forms part of these Terms. A German version is available (AGB); in case of discrepancy, the German version prevails.

1. Contracting party and acceptance

These Terms of Service ("Terms") govern the use of Attune-Session (the "Service") and form a legally binding agreement between the practice or therapist using it ("Customer") and:

Wombel GmbH
Route du Grand Pre 18, 1700 Fribourg, Switzerland
Email: info@attune-session.com

By ordering, activating a license or using the Service, the Customer agrees to these Terms. Individual written agreements (offer, order confirmation) take precedence over these Terms.

2. Description of the Service

Attune-Session consists of a device installed in the Customer's practice (computer, microphone and, depending on the setup, cameras) and the software running on it. It records therapy sessions, transcribes and translates them locally on the device, labels speakers, creates summaries, and provides a browser-based dashboard and subtitle editor. By default the dashboard is available only from the practice network; the editor is also available through secured remote access.

The AI functions deliver results according to the current state of AI technology as installed on the server. The technology keeps improving, and the AI algorithms may be adapted as the technology advances. We give no warranty whatsoever regarding the quality of the results of the various AI applications provided on the server.

Attune-Session is a technical recording and documentation tool. It is not a medical device, makes no diagnosis and gives no therapeutic advice.

3. Scope of use

The Service is intended for professional use by therapists and practices. The Customer remains solely responsible for its professional duties, in particular:

• obtaining the informed consent of every person recorded before the recording starts, and respecting any withdrawal of consent;
• professional secrecy and the confidentiality of patient data;
• the content, use, retention and deletion of recordings, transcripts and subtitles;
• compliance with the data protection law applicable to the practice.

4. Device, installation and price

Delivery, installation, price and ownership of the device are set out in the individual offer. The Customer provides a suitable room, power and an internet connection for updates, maintenance and remote access, and must not open, modify or move the device without consulting us.

5. Licenses and payment

• Each therapist using the Service needs their own license, valid for one year.
• A license is activated or renewed with a license code. A renewal adds one year to the later of the current expiry date and the day of renewal. Licenses do not renew automatically.
• When a license expires, recording, processing and the editor are locked for that therapist. Recordings already started finish, sessions recorded before expiry are still processed, and the therapist can still download their own files.
• Prices follow the offer or the current price list. Price changes apply to renewals bought after the change.
• Payments may be processed by third-party providers such as Stripe. License codes and fees are non-refundable except where mandatory law requires otherwise.

6. Maintenance, updates and remote access

We can maintain the device and activate updates over a secured remote connection. For this purpose we have technical access to the device. Where data is encrypted, we have no access to the stored data. In every case we use this access exclusively for maintenance, troubleshooting and support, and only on the Customer's explicit instruction. In this role we act as a processor on behalf of the Customer; on request we conclude a data processing agreement.

7. Automatic results

Transcription, translation and speaker labelling are produced automatically and can be incomplete or wrong, for example with overlapping speech, quiet speakers or dialect. The Customer must check results before relying on them.

8. Storage and backups

Recordings are stored on the device. Raw camera and microphone files are deleted automatically after a retention period (default 14 days, adjustable); finished videos and subtitles remain until the therapist deletes them. The device is not a backup: the Customer is responsible for keeping copies of anything it needs to retain, for example by downloading it. Encrypted data can be opened only with the password, the recovery code, or jointly by the therapist and us; we cannot open it on our own. If both the password and the recovery code are lost, the data may be lost for good.

9. Third-party services and components

Remote access, the remote sign-in and this website use Cloudflare. The software contains open-source components and AI models that are subject to their own licenses. We are not responsible for outages or changes of third-party services outside our control.

10. Acceptable use

The Customer agrees not to:

• record anyone without their consent or otherwise use the Service unlawfully;
• reverse engineer, copy or tamper with the software or the device;
• share accounts or login data between people;
• circumvent the license check;
• use the Service for purposes other than those described.

11. Term and termination

A therapist's license ends at its expiry date unless renewed. The Customer can stop using the Service at any time; fees already paid are not refunded. Before the end of the contract, the Customer downloads all data it wants to keep. At the end of the contract, the device is returned or its data is deleted as set out in the offer; we confirm the deletion on request. We may suspend or terminate the Service for a serious breach of these Terms, and may discontinue it with at least 14 days' notice.

12. Availability

We do not guarantee uninterrupted operation. Maintenance, updates or interruptions may occur. No service level agreement applies unless agreed in writing.

13. Intellectual property

All rights in the software remain with us or our licensors. We grant each licensed therapist a limited, non-exclusive, non-transferable right to use the software on the Customer's device for the duration of the license. Recordings, transcripts and subtitles belong to the Customer.

14. Liability

We are fully liable for intent and gross negligence in accordance with the Swiss Code of Obligations. To the extent permitted by law, liability for slight negligence is excluded. In particular, we are not liable for lost or incomplete recordings, errors in automatic transcription, translation or speaker labelling, data loss on the device, lost passwords or recovery codes, or failures of third-party services.

Our total liability for all claims arising from these Terms or the Service is limited to the fees the Customer paid in the 12 months before the claim. This limitation applies only to the extent permitted by mandatory law.

15. Indemnification

The Customer indemnifies us against claims by third parties, including recorded persons, arising from its use of the Service, in particular recordings made without valid consent or other breaches of these Terms.

16. Force majeure

We are not liable for failures or delays caused by events beyond our reasonable control, such as power or network outages, cyber incidents or failures of third-party services.

17. Changes to these Terms

We may change these Terms. Material changes will be communicated by email at least 14 days before they take effect. Continued use after that date constitutes acceptance.

18. Governing law and jurisdiction

These Terms are governed by Swiss law, in particular the Swiss Code of Obligations. The exclusive place of jurisdiction is Fribourg, Switzerland; mandatory statutory jurisdictions remain reserved. If any provision is invalid, the remaining provisions remain in force.

19. Contact

Wombel GmbH, info@attune-session.com