Terms of Service
Effective date: November 10, 2019
PLEASE READ ALL THE SITE TERMS CAREFULLY BEFORE USING OR ACCESSING THE SITE. BY USING OR ACCESSING THE APPLICATION AND/OR ANY OF THE CONTENT AND SERVICES PROVIDED THEREIN, YOU ARE AGREEING TO THE SITE TERMS IN THEIR ENTIRETY.
1. SleepA May Discontinue or Suspend the Application
SleepA reserves the right at any time to modify or discontinue, temporarily or permanently, the Application or any portion thereof without notice to you. You agree that SleepA shall not be liable to you or any third party for any such modification, suspension or discontinuance of the Application. You agree that any subscription ends with termination or discontinuation of the Service and that no refunds shall be issued in the event of discontinuation.
2. General Registration Requirements
If you wish to use the Service, you must read this Agreement and indicate your acceptance during the registration process. In consideration of your use of the Service, you represent that you are of legal age to form a binding contract. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the registration form available on the Application (the "Registration Data") and (b) maintain and promptly update your Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, SleepA reserves the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof) at any time. Content on the Application is provided to you "AS IS" for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of SleepA. SleepA reserves all rights not expressly granted in and to the Application and the Content.
Some parts of the Service are billed on a subscription basis ("Subscription(s)"). You will be billed 24 hours in advance of the billing period, on a recurring and periodic basis ("Billing Cycle"). Billing cycles are set either on a monthly, annual, or lifetime basis, depending on the type of subscription plan you select when purchasing a Subscription. A lifetime subscription refers to the life of the product, not the user.
At the end of each Billing Cycle, your Subscription will automatically renew unless you cancel it greater than 24 hours prior to the renewal date. You may cancel your Subscription renewal through your iTunes account.
Find instruction on how to cancel your subscription here: https://support.apple.com/en-us/HT202039
Subscription prices are subject to change at any time. If the subscription price changes you will be given the option to agree to the changes or cancel your subscription.
Billing is handled through Apple.
4. Disclaimers / Limitation of Liability
By using and accessing the Application, you represent that you have reviewed the Terms of Service. Further, the Application is made available to you "AS IS," without express or implied warranties of any kind, including but not limited to warranties of merchantability or fitness for a particular purpose. SleepA does not warrant or represent that access to the Application will be uninterrupted, or that the Application Content will be free from error. SleepA provides no express or implied assurances or warranties with respect to any goods or services advertised or otherwise depicted, or information provided, through the Application. The Application may contain various text, images, videos, audio recordings or other content created by third parties. Accordingly, such content is for your reference only and should not be relied upon by you for any purpose.
The Application may offer health, meditation, and related information, but such information is designed and provided for informational purposes only. No information on the Application is intended to convey medical advice and nothing on the Application constitutes or should be construed as the practice of medicine. You should not rely on any information provided on the Application as a substitute or replacement for professional medical advice, diagnosis and/or treatment FROM A LICENSED PHYSICIAN. You are urged to consult your physician before beginning any exercise program. By using SleepA meditations, you acknowledge that such use carries the potential risk of injury and that it is your sole responsibility to judge your capabilities and limits. By your use, you expressly waive and release any claim that you may have at any time for injury of any kind against SleepA, or any person or entity involved with SleepA. There have been reports in which people with certain psychiatric conditions have experienced a worsening in that condition in conjunction with meditation practice. People with existing mental health conditions should speak with their health care providers before starting a meditation practice. SleepA is not responsible for any actions or inaction on your part based on the information provided on the Application.
SleepA and its affiliates, and their respective members, directors, officers, managers, employees, shareholders, agents and licensors are not liable for damages of any kind incurred or alleged to have been incurred by you that are in any way related to the Application, or for any claim, loss or injury based on errors, omissions, interruptions or other inaccuracies in the Application. To the extent a jurisdiction does not allow the exclusion or limitation of liability of consequential or incidental damages, SleepA liability is limited to the fullest extent permitted by law in that jurisdiction.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the Application or your use of the Application must be filed within one (1) year after such claim or cause of action arose, or such claim or cause of action is forever barred.
6. Severability of Terms / Entire Agreement
If any provision of this Agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. The Terms represent the entire agreement between SleepA and you relating to the subject matter contained herein.
7. Term and Termination
This Agreement shall remain in full force and effect for so long as it is posted on or through the Application. You may terminate your subscription at any time by accessing your iTunes subscriptions: https://support.apple.com/en-us/HT202039. If you cancel your membership before the end of the applicable billing period, your account will be cancelled as of the following billing period. In order for cancellations to take effect you must do so 24 hours or greater before the end of the current billing period.
SleepA reserves the right to terminate your account or your access to the Application immediately, with or without notice to you, and without liability to you, if we believe that you have breached any of the terms of this Agreement, furnished SleepA with false or misleading information, or interfered with use of the Service by others.
When you close or de-activate your account or if your account is otherwise terminated, we have the right, but not the obligation, to store your personal information, settings, saved and completed classes, and teachers you have followed. Unless we have exercised our right to terminate your account, you can re-activate your account at any time by contacting us.
8. Term and Termination
These Terms, and any dispute concerning or relating to your use of the Application, shall be governed by the laws of the United States and the State of North Carolina, without regard to conflict of laws principles. You consent to personal jurisdiction and venue in the state and federal courts located in Durham County, North Carolina, and you shall not commence or prosecute any action except in the foregoing courts.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you must stop using the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
BY CONTINUING TO USE OUR APPLICATION, YOU AGREE TO ABIDE BY THESE TERMS. The caption to each Section of these Terms are for convenience of reference only and shall be ignored in the construction or interpretation hereof.
If you have any questions about the rights and restrictions above, please Contact Us.