Sleep.8 Terms of Use

SIA "Sleep8 Baltic" and its affiliates (“Askona”, "Sleep.8", "we" or "us") provide online and mobile services, including, but not limited to the Sleep.8 mobile application hosted by or on behalf of Sleep.8 intended to enhance a consumer's use of the personal fitness and body monitoring electronic products offered by Sleep.8 (the "Sleep.8 Products"). THIS IS A LEGAL AGREEMENT BETWEEN YOU AND SIA "Sleep8 Baltic" AND GOVERNS YOUR USE OF THE SLEEP.8 MOBILE APPLICATION AND SLEEP.8 PRODUCTS. Subject to your acceptance of and adherence to these Terms of Use (the "Terms of Use"), Sleep.8 hereby grants you a limited, non-exclusive license to utilize the Sleep.8 mobile application as set forth herein. The terms "you" and "user" shall refer to all individuals and entities that access the Sleep.8 mobile application.

By your affirmative actions of registering for and/or using the Sleep.8 mobile application, you signify your agreement to these Terms of Use and our Privacy Policy and consent to allow Sleep.8 to communicate with you electronically regarding the Sleep.8 Products and the Sleep.8 mobile application.

 

Modifications to the Terms of Use

We may make changes to the Terms of Use from time to time. A link to the most current Terms of Use will be available on the Sleep.8 home page and we will indicate the date of the "Latest Update" at the bottom of the Terms of Use. We may also place a special notice on the Sleep.8 mobile application or communicate significant changes by email. Your continued use of the Sleep.8 mobile application following the posting of such changes constitutes your acceptance of the Amended Terms of Use.

 

Requirements for Use of the Sleep.8 mobile application

The Sleep.8 mobile application are available for individuals aged 18 years or older.

Full use of the Sleep.8 mobile application requires compatible Sleep.8 Products, Internet access, and certain software; may require periodic updates; and may be affected by the performance of these factors. The Sleep.8 mobile application is not a guaranteed part of any third-party product or service offering, and no purchase or obtaining of any third-party product or service shall be construed to represent or guarantee you access to the Sleep.8 mobile application.

Please see the section entitled "Precautions" below for recommended precautions related to your use of the Sleep.8 Products and the Sleep.8 mobile application.

 

Agency 

You represent that you are using the Sleep.8 mobile application for its intended purpose. If you are registering or using the Sleep.8 mobile application on behalf of a company or other organization, you represent that you have authority to bind your employer by your actions.

 

Precautions

Content found on the Sleep.8 mobile application is for informational purposes only and is not intended to replace the relationship between you and your physician or other medical provider. We are not a licensed medical care provider and have no expertise in diagnosing, examining, or treating medical conditions of any kind, or in determining the effect of any specific exercise on a medical condition. You should always consult a physician before starting a fitness program, changing your diet or if you have any questions regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on or through the Sleep.8 mobile application. You should consult with your physician before following any training instructions you receive through the Sleep.8 mobile application or participating in any event announced on or through the Sleep.8 mobile application. Not all exercises or activities described on the Sleep.8 mobile application are suitable for everyone. You should understand that when participating in any exercise or exercise program, there is the possibility of physical injury and/or death. If you think you may have a medical emergency, call your physician or local health clinics immediately. If you feel discomfort or pain, immediately stop the activity causing such discomfort or pain. People who have Type 1 diabetes or other adverse medical or nutritional conditions should not use the Sleep.8 mobile application unless such use is directed and closely monitored by a physician. By using the Sleep.8 mobile application, you represent that you have received consent from your physician to participate in the programs, workouts, exercises and activities described on the Sleep.8 mobile application.

We are not responsible for any health problems that may result from training programs, products, or events you learn about through the Sleep.8 mobile application. If you engage in any exercise program you receive or learn about through the Sleep.8 mobile application you agree that you do so at your own risk and are voluntarily participating in these activities.

 

Information on the Sleep.8 mobile application

We try to provide helpful and accurate information on the Sleep.8 mobile application, but we make no endorsement, representation or warranty of any kind about any information, services or recommendations made available through the Sleep.8 mobile application. We are not responsible for the accuracy, reliability, effectiveness, or correct use of information you receive through the Sleep.8 mobile application. If you rely on any information provided by Sleep.8, Sleep.8 and SIA "Sleep8 Baltic" employees, or others appearing on or contributing content to the Sleep.8 mobile application, you do so solely at your own risk.

 

User-Generated Content

Subject to Sleep.8’s adherence with the privacy settings you select within the Sleep.8 mobile application, you hereby grant to Sleep.8 a perpetual, irrevocable, non-exclusive, worldwide, royalty-free license, with the right to sublicense, to reproduce, distribute, transmit, publicly perform, publicly display, digitally perform, modify, create derivative works of, and otherwise use and commercially exploit any text, photographs or other data and information you submit to the Sleep.8 mobile application (collectively, "User Generated Content") in any media now existing or hereafter developed, including without limitation on websites, in audio format, and in any print media format. "User Generated Content" includes but is not limited to content posted on message board posts, blogs, journals, food and recipe submissions and user comments. Subject to Sleep.8’s adherence to the privacy settings you select within the Sleep.8 mobile application, you hereby waive any rights of publicity and privacy with respect to the User Generated Content and any other legal or moral rights that might preclude Sleep.8’s use of the User Generated Content or require your permission for Sleep.8 to use the User Generated Content. You agree not to assert any claim, whether based on tort, contract, or other legal theory, against Sleep.8 or its sublicensees relating to Sleep.8’s or its sublicensees' use of the User Generated Content in accordance with your privacy settings, and you hereby release Sleep.8 and its sublicensees from any such claims. You represent that your User Generated Content: (1) will not infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights; (2) will not violate any law, statute, ordinance or regulation; (3) will not be obscene or contain child pornography; (4) will not contain any viruses, worms, time bombs or other computer programming code that is intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information; (5) will not violate any third party's rights of publicity or privacy; and (6) will not be defamatory, unlawfully threatening or harassing, harmful to minors in any way, or otherwise offensive or inappropriate. You are responsible for complying with all laws applicable to your User Generated Content.

 

Registration and Password

You are responsible for maintaining the confidentiality of your login information and password. You shall be responsible for all uses of your login information, whether or not authorized by you. You agree to immediately notify us of any unauthorized use of your login information or password. Sleep.8 cannot and does not assume any responsibility or liability for any information submitted by someone who has fraudulently accessed your Sleep.8 account or for any third party's fraudulent use or misuse of information submitted by you.

You represent that the information that you provide about yourself as requested in the Sleep.8 account registration form (the "Registration Data") is accurate and complete, and you agree to update your account information, as necessary, including providing Sleep.8 with your current email address, so that you may receive notifications and other account-related communications.

 

Ownership of the Sleep.8 mobile application

Except for the User Generated Content, the Sleep.8 mobile application and all aspects thereof, including all copyrights, trademarks, and other intellectual property rights therein, are owned by Sleep.8 or its licensors. You acknowledge that the Sleep.8 mobile application and any underlying technology used in connection with the Sleep.8 mobile application contain Sleep.8’s intellectual property and proprietary information. You may not reproduce, distribute, modify or create derivative works of, publicly display (including by framing any content), or commercially exploit any part of the Sleep.8 mobile application except as necessary to view the content therein and to create a reasonable number of copies of portions of such content (without modification) for your personal, non-commercial use. All rights in the Sleep.8 mobile application not expressly granted to you by Sleep.8 are retained by Sleep.8 and its licensors.

If you violate any of these Terms of Use, your permission to use the Sleep.8 mobile application automatically terminates and you must immediately destroy any copies you have made of any portion of the Sleep.8 mobile application.

 

Email Rules

Some of our users will make their email addresses available if they wish to converse with other users with similar interests or goals. If you use this information, you agree not to transmit "spam" or other unwanted solicitations, or any material that is harassing, threatening, offensive, obscene, abusive, harmful, defamatory, invasive of another's privacy, infringing of another's intellectual property rights, or illegal. Users found using email information in this manner may have their user accounts terminated. We are not responsible for the content of email messages sent to you by our users or from third parties.

 

User Indemnification of Sleep.8

Upon request by us, you agree to defend, indemnify and hold Sleep.8 and its partners, affiliates, service providers, licensors, officers, directors, employees and agents harmless from and against any and all losses, liabilities, damages and costs, including but not limited to reasonable legal and accounting fees, arising from any claims, actions or demands related to or alleged to relate to: (a) your use of the Sleep.8 mobile application, including any User Generated Content you post, store, reproduce, display, or distribute via the Sleep.8 mobile application; (b) your violation of the Terms of Use; or (c) your violation of any intellectual property or other third party rights or any applicable law in connection with your use of the Sleep.8 mobile application. 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 and available defenses.

 

User Conduct

If we determine that any user is not using the Sleep.8 mobile application responsibly, we have the right (but not the obligation) to remove, edit, block, or delete such user's transmissions, User Generated Content, or use of the Sleep.8 mobile application. We also have the right (but not the obligation) to suspend or terminate your access to and use of Community Pages or other parts of the Sleep.8 mobile application, or delete information you have posted to the Sleep.8 mobile application, without prior notice if you engage in any conduct that we believe, in our sole discretion: (a) violates any provision of the Terms of Use, (b) violates the Community Guidelines, (c) is offensive to other users, (d) violates the rights of Sleep.8 or third parties, or (e) could cause Sleep.8 liability. Without limiting the foregoing, upon any termination of your account or access to the Sleep.8 mobile application we may delete all User Generated Content and other information related to your Community Pages. If Sleep.8 suspects that your Registration Data is inaccurate or incomplete, we may suspend or terminate your account.

 

Changes to Sleep.8 mobile application

Sleep.8 may change or discontinue, temporarily or permanently, any feature or component of the Sleep.8 mobile application at any time without further notice. In addition, we may, without notice to the applicable user, terminate individual Community Pages that have been inactive for more than 30 days, but have no obligation to do so. You agree that Sleep.8 shall not be liable to you or to any third party for any modification, suspension or discontinuance of any feature or component of the Sleep.8 mobile application.

 

Third Party Services

The Sleep.8 mobile application may provide links or references to websites operated by third parties. We do not monitor or investigate such websites and we are not responsible for the content, functionality, or practices of such websites. Inclusion of links to third party websites on our Sleep.8 mobile application does not imply approval or endorsement of the linked website by us. If you decide to leave our Sleep.8 mobile application and access these third-party websites, you do so at your own risk. Sleep.8 suggests that you read the terms of use and privacy policies (if any) on those third-party websites. You agree that Sleep.8 has no liability for any damage or loss of any type that is a result of your use of a third-party website.

 

Content and Warranty Disclaimer 

THE SLEEP.8 APP AND PRODUCT IS PROVIDED BY SLEEP.8 AND ITS AFFILIATES "AS IS." NEITHER SLEEP.8 NOR ITS PARTNERS, SUPPLIERS, OR AFFILIATES MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SLEEP.8 APP AND PRODUCT, ITS CONTENTS, OR ANY INFORMATION MADE AVAILABLE BY OR THROUGH THE SLEEP.8 APP AND PRODUCT. IN ADDITION, SLEEP.8 AND ITS PARTNERS DISCLAIM ALL WARRANTIES WITH RESPECT TO THE SLEEP.8 APP AND PRODUCT, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. FURTHERMORE, SLEEP.8 DOES NOT WARRANT THAT USE OF THE SLEEP.8 APP AND PRODUCT WILL BE UNINTERRUPTED, AVAILABLE AT ANY TIME OR FROM ANY PARTICULAR LOCATION, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SLEEP.8 APP AND PRODUCT IS FREE OF VIRUSES OR OTHER POTENTIALLY HARMFUL COMPONENTS.

 

Limitation of Liability

IN NO EVENT WILL SLEEP.8 BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE SLEEP.8 APP AND PRODUCT, WHETHER SUCH DAMAGES ARE BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT SLEEP.8 HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE AGGREGATE LIABILITY OF SLEEP.8, ARISING FROM OR RELATING TO THE SLEEP.8 APP AND PRODUCT (REGARDLESS OF THE FORM OF ACTION OR CLAIM, E.G. CONTRACT, WARRANTY, TORT, STRICT LIABILITY, NEGLIGENCE, OR ANY OTHER LEGAL THEORY) IS LIMITED TO $100. SLEEP.8’S AFFILIATES, PROVIDERS AND PARTNERS HAVE NO LIABILITY WHATSOEVER ARISING FROM THE APP. In some locations, applicable law may not allow certain of the limitations described above, in which case such limitations may not apply to you.

 

Dispute Resolution

You agree that any dispute between you and Sleep.8 arising out of or relating to these Terms of Use, the Sleep.8 Products, or the Sleep.8 mobile application (collectively, “Disputes”) will be governed by the arbitration procedure outlined below.

Informal Dispute Resolution: We want to address your concerns without needing a formal legal case. Before filing a claim against Sleep.8, you agree to try to resolve the Dispute informally by contacting sleep8lv@gmail.com. We'll try to resolve the Dispute informally by contacting you through email. If a dispute is not resolved within 15 days after submission, you or Sleep.8 may bring a formal proceeding.

 

General

If any provision(s) of the Terms of Use is found to be contrary to law, then such provision(s) will be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. Sleep.8’s failure to exercise or enforce any right or provision of the Terms of Use will not constitute a waiver of such right or provision unless acknowledged and agreed to by Sleep.8 in writing. These terms and conditions constitute the entire agreement between you and Sleep.8 with respect to the subject matter herein and supersede any and all prior or contemporaneous oral or written agreements. You may not assign this agreement to any other party and any attempt to do so is void.

 

SIA "Sleep8 Baltic"

Address: Biķeru iela 4, Dreiliņi, Stopiņu pag., Ropažu nov., LV-2130, Latvija

Post (office) adress: Rīga, Krasta iela 68a, LV-1019, Latvija

Last updated: 2021-10-06