SleepScore Labs Terms of Service

Last Updated:  October 9, 2018

SleepScore Labs (“SleepScore”) develops products and services that help you understand and optimize your overall sleep through use of collected sleep data.  They include SleepScore Max device and other SleepScore applications and related products.  The Max and related Application help you track your sleep data including sleep duration, sleep onset, sleep staging and other collected information to provide a SleepScore and other key metrics that allow you to take actionable steps to better sleep.   These Terms of Service (“Terms”) apply to your access and use of the SleepScore Products and Services, which are provided to you by SleepScore.   The SleepScore Products and Services include associated devices, firmware, applications, software, websites, APIs, products and services.    The terms “we,” “our,” “us” and “SleepScore Labs” collectively refer to SleepScore Labs a company incorporated in Delaware operating in the State of California under Consumer Sleep Solutions LLC.

You must accept these Terms to create a SleepScore account and to access of use SleepScore Products and Services.   If you do not have an account, you accept these terms by using any part of SleepScore Products and Services.   If you do not accept these terms, do not create an account or use SleepScore Products and Services.

Read our Privacy Policy

SleepScore is committed to protecting the privacy and security of your personally identifiable information. For information on our data practices, please see our Privacy Policy.   By accessing or using SleepScore Products and Services you agree that we can collect and use your information in accordance with the Privacy Policy.

Use of SleepScore Products and Services

You may only connect to the SleepScore Services by using (a) our mobile applications and software, or approved third-party applications, software, or devices; (b) a device manufactured, distributed or sold by SleepScore itself or through its authorized resellers, distributors or agents; or (c) our websites.    Any attempt to connect through means outside of those defined above would be deemed a violation or attempted violation of this provision that may result in immediate termination of your ability to access SleepScore Services.

We do not intend to market to or interact with, or secure any User Data from children sixteen (16) years old or younger. Our Service, is not by design reasonably likely to attract children sixteen (16) years old or younger to purchase or otherwise use our Service.

You must be over the age of eighteen (18) to create an account and use our Service.

We must point out that, if you are a minor and wish to utilize our product or the Service, your parents or legal guardians (hereafter your “Parents”) must engage in purchasing the product or Service and additionally if you are over eighteen (18) years old give us their written consent by contacting our customer service department. Our teams will answer any questions that you or your Parents may have concerning the use of our products and services and the rules relating to the collection of personal data.

If we accidentally or unintentionally collect data from people under sixteen (16) or a minor who has used our products and Service without the consent of their Parents, we will delete that data permanently from our servers as soon as we receive written notification.

Required Equipment

Full use of SleepScore Products and Services is dependent upon your use of a computer with adequate software and specifications or a supported mobile device with internet access.  The maintenance and security of this equipment may influence the performance of the SleepScore Service and it is your responsibility to ensure the equipment’s compatibility and functionality.

Creating an Account

Creating a SleepScore account allows you to use our services and applications. You will therefore need to provide us with certain data to identify yourself. Your SleepScore account is the core component of our services. It allows you to access and control your personal data. Data are collected and used during account and/or user profile creation, when logging on to your account, ordering a product from your account, etc.    You are responsible for all activity that occurs in association with your account.  SleepScore is not liable for any loss or damages caused by your failure to maintain the confidentiality of your account credentials.

When you use our Applications

Using our applications requires an account. Through applications, you can use SleepScore products and services, interact with them and access all features offered by SleepScore. To that end, certain data are communicated to us when you download, install and use features of the application. This is the case when you set an alarm, share information, measure steps, respond to questionnaires or fulfill a field in the application, etc. It is also through the application that your data is communicated to us when you install and synchronize your SleepScore product. Through the application you may activate certain optional features such as geolocation, Healthkit and health data, and the microphone through your smart phone. Here is the data that you may communicate to us by using our applications:

• Identifiable data
• Biomotion data
• Environmental data

When you use a SleepScore Product

SleepScore products, services and applications collect data, enabling monitoring by their accumulation. When you activate a SleepScore product, you will be asked to download the SleepScore application and create an account. Certain features are only accessible by means of a connection between your product and the application. Your data are transmitted to our servers when you synchronize your product with our applications or when you connect your product to your Wi-Fi network. Here is the data that you may communicate to us by using our applications:

• Identity data
• Cookies – technical features
• Biomotion data
• Environmental data

When you use our Websites and Services

We collect certain data when you use our website or when you take part in our events or reply to our questionnaires. Certain information is collected even if you do not have a SleepScore account. This may happen when you view pages, take part in surveys, competitions or events, write a comment on our website, share a page on a social network, order a product, etc. When you order a product on our website, we have to retain certain data relating to your order, such as your delivery and billing address, even if you choose the option allowing you to order without creating an account.

However, SleepScore will never have access or store your bank details since payment transactions are conducted and secured by our third-party partners specializing in those functions.

When you use our Premium Services

For users who have elected to purchase a premium subscription to the Services, the following additional terms and conditions shall apply.

The SleepScore Premium Service shall grant you a license to use additional features and services solely for your personal, non-commercial use subject to the applicable Agreement and terms and conditions.

You agree to purchase SleepScore for the stated fees for the Premium Service for the duration of time and the amount you selected on the sign-up page.   You permit iTunes, Google Play Store or other authorized party to charge this fee to your credit card and automatically renew the charge for the duration of your membership until you cancel.   By using iTunes, Google Play Store or other authorized party you are subject to their respective Terms of Service and Privacy Policy regarding shared payment or related information.

Membership fees will be charged to your credit card and will automatically renew at the price then in effect for the duration of your membership until you cancel. Yearly memberships will automatically renew once a year. Cancellation of your membership can be done via your subscription settings on iTunes, the Google Play Store, or other authorized party.  If you choose to cancel, your cancellation will take effect at the end of the term in which you cancelled. If your credit card is invalid for any reason, charged back, or if iTunes/Google Play Store/other authorized party does not receive payment, we have the right to cancel your premium member benefits immediately.

You represent, warrant and covenant that (a) the membership and credit card information that you supply is true, correct and complete, (b) you will pay any charges that you incur in connection with the Service, including any applicable taxes, (c) you will update your membership and credit card information as required, (d) you will not allow anyone else to use your membership, (e) you will not transfer your membership or password to anyone else and (f) you will report to us any unauthorized or prohibited use of your membership or this Site.

Unless terminated earlier, this Agreement will remain in force if you are a paid subscriber to the Premium Services. If you terminate the Service, but continue to be a member of SleepScore, the Terms of Service and Privacy Policy will still apply.   Refund will follow iTunes and Google Play Store subscription policy.

SleepScore offers a range of subscription options.  For the purposes of our monthly and yearly subscriptions, a month constitutes 30 calendar days and a year constitutes 365 calendar days. For the purposes of our lifetime options these shall constitute until the date SleepScore ceases to commercially offer the Product or Service.

Subject to the termination and refund rights above, you agree that SleepScore reserves the right to amend the Premium Service and the terms associated therewith at any time and for any reason. Any changes may be posted to SleepScore Website or sent to you via email to the email on record.

When you use our SleepScore Store

SleepScore provides the Sleep Shop as a location for buyers to locate and purchase products that have been curated and verified by  SleepScore including the Sleep Science team to evaluate multiple criterion including usability and efficacy.  These products may be listed on SleepScore Websites or through recommendations via the Mobile Application, Products or other means selected based on your measured sleep data.

When you make a purchase through the Sleep Shop, you agree to the terms and conditions set in this document.  For any purchases made at a third party’s website, buyers are bound to the seller’s respective Terms of Service and Privacy Policies.   Additionally, all terms of the sale, payment, shipment and post sales customer service are through that third party and not Sleep Score.

Orders and Pricing:   SleepScore works to get a discount for SleepScore Account holders on the list price provided to us by our third-party partners listed on the Sleep Shop.  Noting “list price” is the suggested retail price provided to us by our suppliers. We make no representation that a substantial number of these products have been sold or offered for sale at the list price, actual retail prices in your area may be substantially different. Because the products listed are sold over the internet on a national basis, it is not possible to know if the products are sold at list price in any location or at any time.  Because the list price may be different than the actual retail prices in your area, you may not actually realize a savings of this amount and you may want to make an exact comparison for yourself by checking the prices of other internet or local retailers prior to making a purchase.  Pricing errors, out-of-stock and other errors may occasionally occur within the Shop. We reserve the right to cancel any orders containing pricing errors, out of stock errors or other errors that may trigger fraudulent purchase risks at any time without further obligation to you, including after you have received a confirmation of your order. Should this happen with your order, we apologize for the inconvenience, please feel free contact us so we can work on identifying the issue and getting resolution.  In addition, if any item you request becomes unavailable on the Sleep Shop, we may cancel your order or – alternatively – instead of the cancellation of the order, we may, at our discretion, purchase and/or have fulfilled the unavailable item(s) on your behalf from third parties. If this is done you will only be charged at the price quoted in your Sleep Shop purchase order.

Price Match and Extended Warranty

Taxes: Unless specifically indicated on the checkout page, SleepScore is the seller of items purchased on the Sleep Shop. Any applicable tax on those items will be applied to the item price you pay for taxable items, less any savings amounts.  If SleepScore is not the seller of your items, items will be subject to tax based on the sales tax collection obligations of the seller. Applicable tax on such orders will be applied to the item price indicated by the seller.

Title and Risk of Loss: Title to the items purchased by you on the Sleep Shop (and the related risk of loss on these items) passes to you upon delivery of the items to the common carrier used by SleepScore or the selling party in cases where SleepScore is not the party.

Resale: We reserve the right to prohibit or limit sales to resellers or other parties who purchase a product from SleepScore with the intention to resell that product. We also reserve the right to limit the quantity of items purchased per account, credit card, shipping address, person, household or order for any reason.

Accuracy, Completeness and Timeliness of Information on SleepScore Sites: The Sleep Shop contains lots of information provided by third party sellers and other content providers. Despite our efforts to be accurate, we cannot guarantee any aspect of any product information on the Sleep Shop including, without limitation, product images, descriptions and specifications. The information on the Sleep Shop is for information purposes only, and may be inaccurate, incomplete, out-of-date, unreliable, or miscategorized.   Product information contained on the Sleep Shop may differ from information contained on the actual product materials. Before you act on information you find on the Sleep Shop, you should independently confirm any facts about the item(s) that are important to your decision.  If you purchase a product that is not as described, you may opt to return it and/or request a refund in accordance with our Returns/Refund policy.  If you find an error or notice something that doesn’t look right on the Sleep Shop, we would appreciate it if you let us know by contacting us at support@sleepscorelabs.com and we will work to remedy the issue with you.

The Sleep Shop has a feedback section and you agree that the feedback you provide concerning Sleep Shop sellers will be truthful and accurate. You agree that you will not use profanity, vulgar expressions, or any obscenity in your feedback comments. You agree that you will not provide any feedback that could be considered defamatory or that violates the privacy, intellectual property, or other rights of any third party. You agree that SleepScore may publicly post your feedback without any payment or other obligation to you. You agree that SleepScore may edit your feedback in any way that SleepScore sees fit and that SleepScore may remove your feedback at any time.

When you contact our Customer Service department

When you contact our customer service department, you provide us with information that allows us to identify you. The information transmitted remains confidential when you contact us through our website. For the purposes of responding to your support request, some of your data may be temporarily communicated to our teams until the problem is solved. We ensure that our teams comply strictly with our confidentiality policy. Here is the data that you may communicate to us by contacting our customer service department:

• Identity data
• Activity data
• Cookies – technical features

Contests

From time to time SleepScore may offer contests, giveaways and other promotions sponsored by SleepScore or its partners or affiliates which may entail additional terms and conditions.   It is your responsibility to review those additional terms and conditions.

Content

Except as otherwise provided in our Privacy Policy, any content that you submit to us, whether directly or through a third-party website or application (“Content”) will be deemed to be non-confidential and may be disclosed through the Service to unknown persons on a worldwide basis without control by SleepScore, including for browsing, downloading, printing and other uses by such other persons or entities.   You agree not to submit Content to us in connection with the Service except for Content that is fully authorized for purposes of the Service and this Privacy Policy, and by any aspect of the Service, including the Website, you warrant and represent that you own the rights to the Content or are otherwise authorized to post, display, perform, transmit or otherwise distribute Content. It is your obligation to determine the extent to which Content you submit is protected by applicable intellectual property laws. You agree to defend, indemnify and hold harmless SleepScore and its affiliates, officers, directors, employees and contractors from any demands, claims, damages, liabilities, expenses or harms, including attorney’s fees, arising in connection with any claim by a third party that Content you submit infringes their intellectual property rights. You agree that SleepScore will have, and hereby grant to SleepScore a worldwide, royalty-free, perpetual, irrevocable, sub-licensable, non- exclusive right and license to translate, reproduce, sell, publish, distribute, modify, adapt, display, perform, promote, link to or use, in any form or media, any Content that you submit to the Service or SleepScore. SleepScore does not endorse any Content, or third-party product or service that may appear on the Service.

Copyright Policy / DMCA

SleepScore respects the intellectual property rights of others and expect our users to do the same.   It is SleepScore’s policy in appropriate circumstances and at our discretion

It is our policy, in appropriate circumstances and at our discretion, to disable and/or terminate the accounts of users who repeatedly infringe the copyrights of others in accordance with the U.S. Digital Millennium Copyright Act (the text of which can be found at the U.S. Copyright Office Web Site, http://www.copyright.gov).   SleepScore reviews claims of trademark infringement.

If you believe in good faith that materials hosted by SleepScore infringe upon your copyright or trademark rights, you may send us a notice requesting that the material in question be removed or access to it blocked.   The notice must include the following information:  (a) physical or electronic signature of the person authorized to action behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of copyrighted work or trademark claimed to have been infringed;  (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow us to locate the hosted materials; (d) your contact name, address, telephone number, and e-mail address; (e) a statement that you have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright or trademark owner, its agent, or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Please be advised that SleepScore will not respond to complaints that do not meet these requirements. If SleepScore deems that the materials alleged to infringe your copyright or trademark rights do not require removal, SleepScore will remove those materials only pursuant to a court order declaring the content or use of the materials unlawful.

Unsuitable Content and Conduct

You shall not engage in any illegal or improper conduct with our Service. You shall not submit to the Service any of your User Data in a manner that is illegal, inaccurate, misleading, misappropriated, infringing, dilutive, defamatory, obscene, offensive or otherwise objectionable. You shall not cause damage, embarrassment or adverse publicity to SleepScore.

SleepScore may, in its sole discretion, alter, remove, or refuse to display any of your Content, and may forbid you from posting, uploading, storing, sharing, sending, or displaying your Content.

Third Parties

SleepScore may display or permit linking or other access to or use third-party content, promotions, websites, apps, services, products and resources (collectively “Third-Party Solutions”) that are not under SleepScore’s control.  We provide these links only as a convenience and are not responsible for the products, services, or other content available from Third-Party Solutions.   When you pursue of purchase any such Third-Party Solution you acknowledge that you are contracting directly with such third party and not with SleepScore and that you take sole responsibility and assume all risk arising from your interaction, participation, payment of products or services, and any other terms.    You are not obligated to use or transact any Third-Party that appears on SleepScore.

You acknowledge that these Terms of Service and the SleepScore Privacy Policy do not apply to any Third-Party Solutions.   You are responsible for reading and understanding the terms and conditions and privacy policy that applies to the use of any Third-Party Solutions.   You agree that SleepScore shall not be liable for any loss or damages of any kind incurred by you as a result of any of your dealings with Third-Party Solution Providers.

If you feel a logo or trademark has been used without proper authorization, please contact SleepScore Labs customer service.

Compliance

You agree to comply with all applicable laws in connection with your use of the SleepScore Service.

Functional Compatibility and System Abuse

You will submit only User Data and Content that is functionally and technically compatible with the Service. You will not attempt to and will not damage, corrupt, tamper with or infect any aspect of the Service, the Content or any information or telecommunication system of SleepScore with a virus or other malicious computer program. You will only use the Service for the permitted purposes stated in these Terms, and will not engage in abusive activity with respect to the Service, or undertake any other activity which may adversely affect the use or enjoyment of the Service by any person. You are prohibited from using any services or facilities provided in connection with the Service to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g. password guessing programs, cracking tools or network probing tools) is strictly prohibited. If you become involved in any violation of system security, SleepScore reserves the right to release your details to system administrators at other sites and law enforcement authorities in order to assist them in resolving security incidents.

Your Cooperation and Notification

You agree to cooperate with all reasonable requests of SleepScore and will notify SleepScore promptly upon learning of any actual or suspected breach of these Terms by you or unauthorized use or abuse of the Service.

Termination

SleepScore reserves the right to suspend or deactivate your account or your access to certain aspects or all of the SleepScore Service or to terminate these Terms of Service at our sole discretion, at any time and without notice or liability to you.

Cause for such termination may include, but is not limited to, (a) violation of these Terms of Service or other agreements, policies or guidelines; (b) as requested by you as a user-initiated account deletion; (c) requests by law enforcement or other governmental agencies; (d) extended periods of inactivity; (e) technical or security issues; or (f) nonpayment of any fees owed to you in connection with SleepScore Products or Services.  Upon such suspension, deletion, or termination, we may delete or remove Your Content and other information related to your account.     You may elect to close your account at any time by contacting Customer Support at support@sleepscorelabs.com.

The following sections shall survive termination of your account:  Content, Liability, Indemnity, Disclaimers, Liability, and Applicable Laws.

Disclaimers

THE SOFTWARE, PRODUCTS, SERVICES, INFORMATION AND CONTENT AVAILABLE THROUGH SLEEPSCORE ARE PROVIDED “AS IS” AND WITHOUT WARRANTY.   SLEEPSCORE AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, PARTNERS AND LICENSORS HEREBY DISCLAIM ALL WARRANTIES WITH REGARD TO SUCH SOFTWARE, PRODUCTS, SERVICES, INFORMATION AND CONTENT, INCLUDING WITHOUT LIMITATION, ANY AND ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT.

SLEEPSCORE AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT:  (a) SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS;  (b) RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (c)  YOUR CONTENT OR INFORMATION WILL BE AVAILABLE OR THE SERIVCE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (d) ERRORS IN THE SERVICE WILL BE CORRECTED; AND (e) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIALS PURCHASED OR OBTAINED THROUGH THE SERVICE SHALL MEET YOUR REQUIREMENTS OR EXPECTATIONS.

YOU EXPRESSLY AGREE THAT SLEEPSCORE IS NOT PROVIDING MEDICAL ADVICE THROUGH THE SERVICE AND THAT ANY CONTENT OR MATERIALS PROVIDED BY SLEEPSCORE AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, PARTNERS AND LICENSORS ARE NOT INTENDED TO BE AND SHOULD NOT BE USED IN PLACE OF THE ADVICE OF YOUR PHYSICIAN OR OTHER MEDICAL PROFESSIONALS.

SLEEPSCORE DOES NOT ENDORSE YOUR CONTENT OR ANY OTHER MEMBER’S CONTENT AND SPECIFICALLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, INDIRECT, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY CONTENT ON THE SERVICES.

YOU EXPRESSLY AGREE TO RELEASE SLEEPSCORE AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, PARTNERS AND LICENSORS (“PARTIES”) FROM ANY AND ALL LIABILITY IN CONNECTION WITH YOUR SLEEP AND SLEEP IMPROVEMENTS ACTIVITIES AND/OR USE OF SLEEPSCORE PRODUCTS, WEBSITES, MOBILE APPLICATIONS, CONTENT, OR SERVICES AND PROMISE NOT TO SUE THE PARTIES FOR ANY CLAIMS, ACTIONS, INJURIES, DAMAGES, OR LOSSES ASSOCIATED WITH SUCH USE. YOU ALSO AGREE THAT IN NO EVENT SHALL THE PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH (a) YOUR USE OR MISUSE OF THE SERVICES, (b) YOUR USE OR MISUSE OF PRODUCTS OR SERVICES CREATED OR LICENSED BY SLEEPSCORE, (c) YOUR DEALINGS WITH THIRD-PARTY SERVICE PROVIDERS THE SLEEPSCORE PLATFORM, (d) ANY DELAY OR INABILITY TO USE THE SERVICES EXPERIENCED BY YOU, OR (e) ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES OR CONTENT OBTAINED THROUGH THE SLEEPSCORE PLATFORM.

Indemnity

You will indemnify and hold harmless SleepScore and its subsidiaries, affiliates, officers, directors, agents, representatives, employees, contractors, partners and licensors from any claim or demand, including reasonable attorneys’ fees, made by any third party due to in any way connected with (a) your access to or use of the SleepScore Products or Services; (b) Your Content; (c) your breach or alleged breach of any warranties made by you hereunder or your violation of any other provision of these Terms, or (d) your violation of any law or the rights of a third-party. We reserve the right to assume control of the defense of any third-party claim that is subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

Limitations on Liability and Remedies

Limitations on Liability and Remedies for customers in the United States

Neither we nor providers of content to us (“Content Providers”) assume any liability or responsibility for damage or injury (including death) to you, other persons or property arising from any use of any product, information, idea or instruction contained in the Content or derived through the Service.

EXCEPT AS OTHERWISE SPECIFICALLY SET FORTH IN THE SLEEPSCORE PRODUCT MATERIALS, SLEEPSCORE ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO ANY DISPUTE WITH SLEEPSCORE (INCLUDING WITHOUT LIMITATION YOUR USE OF THE SERVICE) IS TO DISCONTINUE YOUR USE OF THE SERVICE. SLEEPSCORE AND ITS VENDORS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGE ARISING FROM YOUR USE OF THE INFORMATION ON THIS WEBSITE OR THE SERVICE OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SLEEPSCORE PRODUCTS OR REGISTRATION WITH SLEEPSCORE. THESE EXCLUSIONS FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES INCLUDE, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF SLEEPSCORE HAD BEEN ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, SLEEPSCORE AND ITS VENDORS’ LIABILITY IN SUCH STATE OR JURISDICTION SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. SLEEPSCORE DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY PRODUCT OR SERVICE OFFERED THROUGH THE SERVICE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICE. IN ANY EVENT, IF ANY OF THE ABOVE PROVISIONS IN THIS SECTION ARE NOT ENFORCEABLE IN AN APPLICABLE JURISDICTION, THE MAXIMUM LIABILITY OF SLEEPSCORE WILL BE LIMITED TO, IN THE SOLE DISCRETION OF SLEEPSCORE, EITHER THE (1) CORRECTION OR DELETION OF ANY INACCURATE CONTENT OR LINK; OR (2) REFUND OF ANY FEES FOR THE SERVICE RECEIVED BY SLEEPSCORE FROM YOU.

Limitations on Liability and Remedies for customers outside of the United States

To the extent permitted by applicable laws, SleepScore will not be liable for any (i) loss of profits, revenue, contracts or anticipated savings, or (ii) indirect or consequential losses that were not foreseeable (losses or damages are foreseeable if either it is obvious that it will happen or if, at the time you consented to these Terms, both you and SleepScore knew it might happen), or (iii) losses caused by events outside of our reasonable control.

If, notwithstanding the other provisions of these Terms, SleepScore is found to be liable to you for any damage or loss which arises out of, or is in any way connected with, these Terms or your use of the Service, to the extent permitted by applicable laws, SleepScore’ liability in no event will exceed an amount equal to the total of any fees for the Service received by SleepScore from you.

Nothing in these Terms limits or excludes our responsibility for fraudulent representations made by us or for death or personal injury caused by our negligence or willful misconduct, or any other liability that cannot be excluded or limited under applicable laws.

Dispute Resolution

You agree that any dispute arising out of or relating to these Terms of Service, the SleepScore Service, or any other SleepScore Products or Services (collectively, “Disputes”) will be governed by the arbitration procedure outlined as follows.

Governing Law:   Except as otherwise required by applicable law, the Terms of Service and the resolution of any Disputes shall be governed by and construed in accordance with the laws of the State of California without regard to its conflict of laws principles.

Both Parties Agree To Arbitrate:  You and SleepScore agree to resolve any Disputes through final and binding arbitration, except as set forth under Exceptions to Agreement to Arbitrate below.     JAMS American Arbitration Association (AAA) will administer the arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. The arbitration will be held in San Diego, California, the United States country where you live or work, or any other location we agree to.

Informal Dispute Resolution: We want to address your concerns without needing a formal legal case. Before filing a claim against SleepScore, you agree to try to resolve the Dispute informally by contacting support@sleepscorelabs.com.   We seek to resolve the Dispute informally by contacting you through email. If a dispute is not resolved within 30 days after submission, you or SleepScore may bring a formal proceeding.

Thirty-day Right to Opt Out:   You have the right to opt out and not be bound by arbitration provisions set forth in this section by sending written notice of your decision to opt out of SleepScore labs, Attn: Legal Department, 2175 Salk Avenue, Suite 200  Carlsbad, CA 92008.  Notice must be sent within 30 days of registering to use the Services, otherwise you shall be bound to arbitrate dispute in accordance with these terms.  If you opt out of arbitration, SleepScore also shall not be bound by them.  In addition, if you elect to opt out of arbitration provisions, SleepScore may terminate your use of the Services.

Exception to Arbitration:   Notwithstanding both parties’ decision to resolve disputes through arbitration, either party may also seek relief in a small claims court for disputes or claims within the scope of that court if they quality.

Limitation on Claims:  You agree that any claim you may have arising out of your relationship with SleepScore and these Terms of Service must be filed within one year, after such claim arose, otherwise the claim shall be permanently barred.

Medical Disclaimers

THE CONTENT AVAILABLE THROUGH THE SERVICE, COMMUNICATED TO YOU DIRECTLY OR INDIRECTLY VIA TEXT, EMAIL, OR OTHER METHOD, IS FOR INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY AND IS NOT A SUBSTITUTE FOR THE PROFESSIONAL JUDGMENT OF A HEALTH CARE PROFESSIONAL IN DIAGNOSING AND TREATING PATIENTS. SLEEPSCORE DOES NOT, THROUGH THE SERVICE OR ITS AVAILABLE FUNCTIONS, PROVIDE MEDICAL ADVICE, NOR DOES IT PROVIDE MEDICAL PRESCRIPTIONS, TREATMENTS, OR DIAGNOSTIC SERVICES. ADDITIONALLY, THE USE OF THE CONTENT OBTAINED THROUGH THE SERVICE, AND INFORMATION PROVIDED BY SLEEPSCORE IN CONNECTION WITH YOUR USE OF THE SERVICE OR SLEEPSCORE PRODUCTS, DOES NOT ESTABLISH A PHYSICIAN-PATIENT RELATIONSHIP.

YOUR RELIANCE UPON INFORMATION AND CONTENT OBTAINED BY YOU FROM SLEEPSCORE AT OR THROUGH THE SERVICE IS SOLELY AT YOUR OWN RISK, INCLUDING ANY SUCH CONTENT YOU SHARE WITH A THIRD-PARTY HEALTHCARE PROFESSIONAL.

WE DO NOT PROVIDE ADVICE TO YOU ON ANY ISSUES RELATING TO MEDICAL TREATMENT OR DIAGNOSIS AND THE CONTENT AND SERVICE IS INTENDED SOLELY AS A RESOURCE AND INFORMATIONAL TOOL. ALWAYS SEEK THE ADVICE OF A PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER FOR ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE SEEN OR READ ON THE SERVICE. WE ARE NOT MEDICAL PROFESSIONALS AND WILL NOT DISCUSS OR ADVISE YOU ON ANY ISSUES RELATING TO MEDICAL TREATMENT OR DIAGNOSIS.

SERVICE IS DESIGNED TO HELP IMPROVE SLEEP THROUGH COACHING AND BIOFEEDBACK. IT IS NOT A MEDICAL DEVICE AND IT IS NOT THE PRACTICE OF MEDICINE. IF YOU HAVE CONCERNS THAT SLEEP IS AFFECTING YOUR HEALTH, YOU SHOULD CONSULT YOUR HEALTHCARE PROFESSIONAL.

DO NOT USE THE SERVICE FOR MEDICAL EMERGENCY SERVICES. IN AN EMERGENCY, IF WITHIN THE UNITED STATES CALL 911, OR CALL YOUR LOCAL EMERGENCY ASSISTANCE NUMBER.

Modifications to Terms of Service

The Terms of Service are subject to change from time to time at the sole discretion of SleepScore.   As such you are advised to review this Privacy Policy occasionally as SleepScore shall endeavor to notify you of any material changes to the Terms of Service.

Your continued use of any aspect of the Service after SleepScore modification of the Terms of Service constitutes your acceptance of the modified Terms of Service. If any term or provision of this Terms of Service is be found to be invalid, illegal or otherwise unenforceable, such finding will not affect the other terms or provisions of the Terms of Service, or the whole of the Terms of Service, but such term or provision will be deemed modified to the extent necessary to render such term or provision enforceable, and the rights and obligations of you and SleepScore will be construed and enforced accordingly, preserving to the fullest permissible extent the intent and agreements set forth in this Terms of Service.

Contacting Us

If you have any questions or concerns relating to Terms of Service

SleepScore Labs

2175, Salk Avenue, Suite 200

Carlsbad CA 92008.  USA

Email: support@sleepscorelabs.com

Note: The Service (including the App and related sleep guidance and product recommendations) is not a medical device. If you are seeking information on how to treat a sleep disorder, you should talk to your healthcare professional.