Terms of Service

Welcome to iSleep ("we", "us", or "our"). These Terms of Service ("Terms") govern your use of the iSleep sleep tracking and analysis application (the "App") and any related services provided by us. By downloading, installing, or using the App, you ("you" or "User") acknowledge that you have read, understood, and agreed to be bound by these Terms, as well as our Privacy Policy. If you do not agree to these Terms, please do not use the App.

1. Eligibility

You must be at least 13 years of age to use the App. By using the App, you represent and warrant that you are 13 years of age or older and have the legal capacity to enter into these Terms. If you are under 18 years of age, you must obtain parental or guardian consent before using the App. We do not knowingly provide services to children under 13 years of age, and any use of the App by such children is unauthorized.

2. User Accounts and Registration

To access certain features of the App (e.g., social sharing, cloud sync), you may need to create an account. When registering an account, you agree to provide accurate, complete, and up-to-date information. You are solely responsible for maintaining the confidentiality of your account credentials (e.g., username, password) and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other security breach.

We reserve the right to suspend or terminate your account at any time if you provide false information, violate these Terms, or engage in any conduct that we deem harmful to the App or other users.

3. App Usage and Restrictions

You agree to use the App only for lawful purposes and in compliance with these Terms and all applicable laws and regulations. You shall not:

• Use the App to upload, post, or transmit any content that is illegal, harmful, offensive, defamatory, harassing, or violates the privacy of others;

• Tamper with, modify, or reverse-engineer the App, its source code, or any related software;

• Use the App to collect or access other users' personal information without their explicit consent;

• Interfere with or disrupt the operation of the App, its servers, or networks (e.g., through malware, viruses, or DDoS attacks);

• Use the App for any commercial purpose without our prior written permission;

• Share your account credentials with others or allow others to use your account.

4. Service Provisions

We strive to provide the App and its services in a reliable and efficient manner. The App's core services include sleep tracking, sleep analysis, personalized sleep tips, social sharing (with user authorization), and optional cloud sync. We reserve the right to modify, update, or discontinue any part of the services at any time, with or without notice. We will make reasonable efforts to notify users of significant changes to the services.

You acknowledge that the App's sleep tracking and analysis functions are for informational purposes only and do not constitute medical advice. The App is not intended to diagnose, treat, cure, or prevent any disease. If you have concerns about your sleep health, you should consult a qualified healthcare professional.

5. User-Generated Content and Data

You retain ownership of any content or data you create, upload, or store in the App (e.g., sleep notes, personal information). By using the App's social features, you grant us a non-exclusive, non-transferable license to display and transmit your shared content to other users you have authorized, solely for the purpose of providing the social sharing service.

You are solely responsible for the content and data you provide in the App. You agree to indemnify us against any claims, damages, or losses arising from your content or data that violates these Terms, applicable laws, or the rights of third parties.

As outlined in our Privacy Policy, you have full control over your data, including the right to delete your data or account at any time. We will handle your data in accordance with our Privacy Policy.

6. Intellectual Property Rights

All intellectual property rights in the App (including but not limited to software, source code, logos, trademarks, text, graphics, and algorithms) are owned by us or our licensors. These Terms do not grant you any right to use our intellectual property except for the limited, non-exclusive, revocable license to use the App in accordance with these Terms.

7. Disclaimer of Warranties

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

We do not warrant that the App will be error-free, uninterrupted, or secure, or that any defects will be corrected. The accuracy and reliability of sleep tracking data may be affected by factors such as device placement, user movement, and environmental conditions. We shall not be liable for any inaccuracies in the data provided by the App.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, DATA, OR GOODWILL) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE APP OR ITS SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING OUT OF THESE TERMS OR YOUR USE OF THE APP SHALL NOT EXCEED THE AMOUNT YOU PAID (IF ANY) TO USE THE APP. THIS LIMITATION OF LIABILITY SHALL APPLY REGARDLESS OF THE LEGAL THEORY UNDER WHICH THE CLAIM IS BROUGHT (E.G., CONTRACT, TORT, NEGLIGENCE).

9. Indemnification

You agree to indemnify, defend, and hold us harmless from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from or related to: (a) your use of the App or violation of these Terms; (b) your content or data; (c) your unauthorized access to or use of other users' data; (d) any third-party claims against us related to your use of the App.

10. Termination

You may terminate your use of the App and delete your account at any time in accordance with the procedures outlined in the App. We may terminate or suspend your access to the App at any time, with or without cause, and with or without notice. Upon termination, your right to use the App will immediately cease. All provisions of these Terms that by their nature should survive termination (e.g., disclaimer of warranties, limitation of liability, indemnification) shall continue to apply.

11. Changes to These Terms

We may update these Terms from time to time to reflect changes in our services, legal requirements, or business practices. When we make significant changes, we will notify you through the App (e.g., a pop-up notification) or other reasonable means. Your continued use of the App after the updated Terms take effect constitutes your acceptance of the changes. You are advised to review these Terms periodically.

12. Governing Law

These Terms shall be governed by and construed in accordance with the laws of [Insert Jurisdiction, e.g., the State of California, United States] without regard to its conflict of law principles. Any dispute arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of [Insert Jurisdiction].

13. Contact Us

If you have any questions, concerns, or requests regarding these Terms, please contact us through App > Settings > Contact us.