Terms and Conditions

Last updated: August 21, 2023

Please read these terms and conditions carefully before using Sleepfriends.

1. Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalised have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of these Terms and Conditions:

Application Store means the digital distribution service operated and developed by Apple Inc. (Apple App Store) or Google Inc. (Google Play Store) in which Our Platform has been downloaded.

Affiliate means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.

Account means a unique account created for You to access Our Platform or parts of Our Platform.

Company (referred to as either “the Company”, “We”, “Us” or “Our” in these Terms and Conditions) refers to Sleepfriend Ltd a private limited company incorporated in England with company registration number 15015293, with the registered office address of 20-22 Wenlock Road, London, England, N1 7GU.

Content refers to content such as text, images, or other information that can be posted, uploaded, linked to or otherwise made available by You, regardless of the form of that content.

Device means any device that can access Our Platform such as a computer, a mobile phone, a mobile device or a digital tablet.

In-app Purchase refers to the purchase of a product, item, service or Subscription made through Our Platform and subject to these Terms and Conditions and/or the Application Store’s own terms and conditions.

Our Platform means the software program provided by the Company downloaded by You on any electronic device, named ‘Sleepfriends’, and its server(s), and Our website and content.

Our Website refers to the website https://www.sleepfriends.org

Promotions refer to contests, sweepstakes or other promotions offered through Our Platform.

Sleepfriends refer to Users of our Platform who are independent freelancers/contractors for the Company who provide services of deep relaxation and sleep assistance to other Users such as Yourself, using methods like guided deep relaxation, friendly chats, active listening, ASMR (whispering), and bedtime stories.

Subscriptions refer to Our Platform or access to Our Platform offered on a subscription basis by the Company to You.

Terms and Conditions (also referred as “Terms”) mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of Our Platform.

Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by Our Platform.

User means any individual using Our Platform.

URL means Unique Resource Locator which is colloquially a web address or website link.

You (referred to as either “Your” or “Yourself” in these Terms and Conditions) means the individual accessing or using Our Platform.

2. Acknowledgment

These Terms govern the use of the Our Platform app and the agreement that operates between You and the Company. These Terms set out the rights and obligations of all Users regarding the use of Our Platform.

Your access to and use of Our Platform confirms Your acceptance of and compliance with these Terms and Our Privacy Policy which can be found at the URL: https://www.sleepfriends.org/privacy-policy

These Terms apply to all visitors, Users and others who access or use Our Platform.

By accessing or using Our Platform You agree to be bound by the Terms and/or by ticking a box labelled ‘I agree to the Terms of Service’ (or words to a similar effect) on Our Platform, You agree to be bound by these Terms.

If You disagree with any part of these Terms, You must not access Our Platform and You must immediately remove Our Platform from Your Device.

You represent and warrant that:

You are over the age of 18 as the Company does not permit those under 18 to use Our Platform;
You are not a ‘vulnerable adult’ as defined under The Police Act 1997 (Enhanced Criminal Record Certificates) (Protection of Vulnerable Adults) Regulations 2002 under the law of England and Wales;
You will comply with these Terms;
You will comply with all applicable laws, including without limitation privacy laws, intellectual property laws, anti-spam laws, equal opportunity laws and regulatory requirements;
You will use Your real name and correct date of birth on Your Our Platform profile;
Your will not impersonate any other person, living or dead;
You will create a Plaform profile for only Yourself;
You will not create an Platform profile for a fictitious person or for an any kind of animal or non-person;
You will follow Our guidelines provided within Our Platform on creating quality profiles and how to send high quality messages to other Users;
You will use Our Platform in a respectful and non-commercial manner;
You will not disclose information that You do not have the consent to disclose;
You will not stalk or harass any other User or Sleepfriend of Our Platform;
You will not create, operate, or entice others to join, a pyramid scheme, fraud, or other similar practice, using Our Platform;
You will seek professional medical and/or psychological support for any sleep difficulties you may have;
You will notify your Sleepfriend promptly and at the beginning of your first session, if you have any of the following health conditions: Autism, Epilespy, Schizophrenia, Delusions, Psychosis, Hallucinations, Disassociation, Depersonalisation or Derealisation;
You are psychologically, mentally and physically well enough to use Our Platform, and You will not hold Us liable for any pre-existing medical or psychological health problems, or such problems being triggered or made worse as a result of using Our Platform or hiring Sleepfriends. Accordingly, Your use Our Platform is solely and entirely at Your own risk;

- You understand and agree that our service is not a replacement for, nor intended to be, medical, psychological and/or psychiatric treatment or support.

Your access to and use of Our Platform is also conditional on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use Our Platform or the Website and tells You about Your privacy rights and how the law protects You. You agree to read Our Privacy Policy carefully before using Our Platform, which is located at the URL: https://www.sleepfriends.org/privacy-policy

No agency, partnership, joint venture or other special relationship or employment is created as a result of these Terms and You will not make any representations on behalf of or bind the Company in any manner.

3. Modifications to Our Platform

We are always striving to improve and enhance Our Platform. We may add additional functionality that You may find helpful, useful, entertaining or in some way beneficial. This means We may add new Our Platform features, enhancements or software versions from time to time as well as remove features. These additional functions or amendment will not materially affect Your use of Our Platform.

We may under extreme or unprecedented circumstances (such as but not limited to, natural disasters, security incidents, economic or financial hardship, terrorism, safety concerns, legal concerns, and so forth) suspend Our Platform where necessary. In which event We will notify You, if it is practical to do so.

4. Safety

We are not responsible for the conduct of any Sleepfriends on or off of Our Platform. However, we take complaints about the conduct of any Sleepfriends very seriously and will take action to remove any Sleepfriends from Our Platform on our sole discretion and judgement. You can file a complaint by emailing support@sleepfriends.org

You acknowledge and agree that You are solely responsible for Your interactions with Sleepfriends. You understand that while we may conduct criminal background checks on some Sleepfriends, this is an opt-in process for Sleepfriends where they willingly volunteer a criminal record certificate (which we may perform independent verification checks on). We make no representations or warranties in respect of the conduct of Sleepfriends, or as to the accuracy of information of such criminal record certificates provided to us. We will however indicate which users have opted-in for criminal background checking and have sufficiently passed our verification of their criminal record certificate.

You acknowledge and agree that while we also conduct identity checks against identity documents via a third-party identity checking service provided by Stripe, Inc., we make no representations or warranties as to the accuracy of such identity checks, or to the accuracy of the identity of any Sleepfriends.

You agree to exercise caution in any interactions You have with other Users.

You agree that You will not provide Your financial information (such as Your debit or credit card, or bank account information), or transfer or give money to other Users.

While We do provide mechanisms such as (but not limited to) Security Selfies and Peer Verification to help prevent fake profiles, impersonation, catfishing and lying, We cannot guarantee the absence of the aforementioned, nor do We provide any guarantee or warranty as to the effectiveness or performance of such mechanisms. As such, You agree to exercise caution and to conduct Your own due diligence at all times when communicating with or meeting Users on or off of Our Platform, and to read in full and adhere to Our safety tips and/or guidance located at the URL: https://www.sleepfriends.org/safety

5. In-App Advertising & Third-Party Services

Our Platform is free to download, install and use, and numerous features are available free of charge thanks to the display of in-app advertising (although certain features may only be available only with a paid Subscription) which subsidises Our Platform.

As such, You hereby agree to the use of in-app advertising in Our Platform, and will not do anything to interfere, interrupt or obscure the display of such in-app advertising, such as using ‘ad blocking’ technologies, products or services.

You can receive more tailored advertising by opting in for advertising personalisation when first using Our Platform. You may withdraw Your consent for this at any time by navigating to the ‘Settings’ section in the side menu in Our Platform and selecting ‘Privacy Settings’.

While We strive to ensure only relevant in-app advertisements are displayed, You acknowledge and agree that We are not in any way responsible for the content of such advertisements or webpages or applications that they may link to. We do not guarantee the availability of any in-app advertisements or third-party services. If You choose to interact with the third parties made available through Our Platform, such party’s terms will govern their relationship with You; We are not responsible or liable for such third parties’ terms or actions.

We may also earn commission from affiliate links to third parties.

6. Subscriptions

Subscription period

You acknowledge and agree that while Our Platform is free to install, Our Platform or some parts of Our Platform are available only with a paid Subscription or by paying a service charge. We reserve the right to include opt-in advertising even as part of a paid Subscription. You will be billed in advance on a recurring and periodic basis (daily, weekly, monthly or annually), depending on the type of Subscription plan You select.

At the end of each period, Your Subscription will automatically renew under the exact same conditions unless You cancel it or the Company cancels it.

Subscription cancellations

You may cancel Your Subscription renewal either through Your Account settings page or by contacting the Company. You will not receive a refund for the fees You already paid for Your current Subscription period and You will be able to access Our Platform until the end of Your current Subscription period.

If the Subscription has been made through an In-app Purchase, You can cancel the renewal of Your Subscription with the Application Store.

Billing

You shall provide the Company with accurate and complete billing information including full name, address, state, postcode, telephone number, and valid payment method information.

Should automatic billing fail to occur for any reason, the Company will issue an electronic invoice indicating that You must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.

If the Subscription has been made through an In-app Purchase, all billing is handled by the Application Store and is governed by the Application Store’s own terms and conditions.

Fee Changes

The Company, in its sole discretion and at any time, may modify the Subscription fees. Any Subscription fee change will become effective at the end of the then-current Subscription period.

The Company will provide You with reasonable prior notice of any change in Subscription fees to give You an opportunity to terminate Your Subscription before such change becomes effective.

Your continued use of Our Platform after the Subscription fee change comes into effect constitutes Your agreement to pay the modified Subscription fee amount.

Likewise, Sleepfriends may also modify their fees they charge clients like You at any time.

Refunds

Except when required by law, paid Subscription fees are non-refundable, unless otherwise stated by Us in writing.

If You reside in the EU or European Economic Area - in accordance with local law, You are entitled to a full refund without stating the reason during the 14 days after the subscription begins. Please note that this 14-day period commences when the subscription starts.

Certain refund requests for Subscriptions may be considered by the Company on a case-by-case basis and granted at the sole discretion of the Company.

If the Subscription has been made through an In-app purchase, the Application Store’s refund policy will apply. If You wish to request a refund, You may do so by contacting the Application Store directly.

If You made a purchase using Your Apple ID, refunds are handled by Apple, not Us. To request a refund, go to the Apple App Store, click on Your Apple ID, select “Purchase history”, find the transaction and select “Report Problem”. You can also submit a request at https://getsupport.apple.com.

If You made a purchase on or via the Google Play Store, Google can handle refund requests too. For more information see:https://support.google.com/googleplay/answer/2479637?hl=en

You may delete or terminate Your account at any time, for any reason, by following the instructions in the “Settings” section in Our Platform. However, if You use a third-party payment account such as any Application Store, You will need to manage in app purchases through such account to avoid additional Subscription fees being charged.

7. In-app Purchases

Our Platform may include In-app Purchases that allow You to buy products, services, or Subscriptions.

More information about how You may be able to manage In-app Purchases using Your Device may be set out in the Application Store’s own terms and conditions or in Your Device’s Help settings.

You acknowledge and agree that any In-app Purchase is final and non-refundable, unless otherwise stated by local law or by the Application Store, once You have completed such purchase.

In-app Purchases can only be consumed within Our Platform. If You make a In-app Purchase, that In-app Purchase cannot be cancelled after You have initiated its download. In-app Purchases cannot be redeemed for cash or other consideration or otherwise transferred. When Your account is closed, You acknowledge and agree that You will not receive money or other compensation for unused In-app Purchases, whether such closure was voluntary or involuntary.

If any In-app Purchase is not successfully downloaded or does not work once it has been successfully downloaded, We will, after becoming aware of the fault or being notified to the fault by You, investigate the reason for the fault. We will act reasonably in deciding whether to provide You with a replacement In-app Purchase or issue You with a patch to repair the fault. In no event will We charge You to replace or repair the In-app Purchase.

In the unlikely event that We are unable to replace or repair the relevant In-app Purchase or are unable to do so within a reasonable period of time and without significant inconvenience to You, We will authorise the Application Store to refund You an amount up to the cost of the relevant In-app Purchase. Alternatively, if You wish to request a refund, You may do so by contacting the Application Store directly.

You acknowledge and agree that all billing and transaction processes are handled by the Application Store from where You downloaded Our Platform and are governed by that Application Store’s own terms and conditions.

If You have any payment related issues with In-app Purchases, then You need to contact the Application Store directly (as described above).

The Company, in its sole discretion and at any time, and without providing prior notice, may modify the cost of In-App Purchases, and We may adjust pricing of said In-app Purchases according to one or more factors such as seasonality and locality.

Future Functionality

You agree that Your payments in respect of In-App Purchases or Subscriptions are not contingent on the delivery of any future functionality or features, or dependent on any oral or written public comments made by the Company regarding future functionality or features.

8. Promotions

Any Promotions made available through Our Platform may be governed by rules that are separate from these Terms.

If You participate in any Promotions, please review the applicable rules as well as Our Privacy policy. If the rules for a Promotion conflict with these Terms, the Promotion rules will apply.

9. User Accounts

When You create an account with Us, You agree to provide Us information that is truthful, accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms and Conditions, which may result in immediate termination of Your account on Our Service.

You are responsible for safeguarding the password that You use to access Our Platform and for any activities or actions under Your password, whether Your password is with Our Service or a Third-Party Social Media Service. In the interest of best security practice, You agree not to use the same password to access Our Platform as You use for other services and applications.

You agree not to disclose Your password to any third party. You will notify Us immediately upon becoming aware of any breach of security or unauthorised use of Your account.

You will not use as a username or as Your name on Your Our Platform profile:

the name of another person or entity, that is not lawfully available for use.;
a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorisation; or
a name that is otherwise offensive, vulgar or obscene.

10. Content

Your Right to Post Content

Our Service allows You to post Content. You are responsible for the Content that You post to Our Platform, including its legality, reliability, and appropriateness.

You retain Your intellectual property ownership rights over content You submit to us for publication within Our Platform and/or on its corresponding website. We will never claim ownership of Your content but We do require a license from You in order to use it.

By posting Content to Our Platform, You grant Us a worldwide, transferable, sub-licensable, royalty-free, right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through Our Platform. You retain any and all of Your rights to any Content You submit, post or display on or through Our Platform and You are responsible for protecting those rights. You agree that this license includes the right for Us to make Your Content available to other users of Our Platform, who may also use Your Content subject to these Terms.

You represent and warrant that: (i) the Content is Yours (You own it) or You have the right to use it and grant Us the rights and license as provided in these Terms, and (ii) the posting of Your Content on or through Our Platform does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.

Content Restrictions

The Company is not responsible for the content of Users. You expressly understand and agree that You are solely responsible for the Content and for all activity that occurs under Your account, whether done so by You or any third person using Your account.

You may not transmit any Content that is unlawful, offensive, harassing, upsetting, intended to disgust, threatening, libellous, defamatory, obscene or otherwise objectionable. Examples of such objectionable Content include, but are not limited to, the following:

Unlawful or promoting unlawful activity.
Defamatory, discriminatory, or mean-spirited content, including references or commentary about any religion, race, sexual orientation, gender, national/ethnic origin, or other targeted groups.
Spam, machine – or randomly – generated, constituting unauthorised or unsolicited advertising, chain letters, any other form of unauthorised solicitation, or any form of lottery or gambling.
Containing or installing any viruses, worms, malware, trojan horses, or other content that is designed or intended to disrupt, damage, or limit the functioning of any software, hardware or telecommunications equipment or to damage or obtain unauthorised access to any data or other information of a third person.
Infringing on any proprietary rights of any party, including patent, trademark, trade secret, copyright, right of publicity or other rights.
Impersonating any person or entity including the Company and its employees or representatives.
Pornographic, violent or offensive content.
Violating the privacy of any third person.
False information and features.

The Company reserves the right, but not the obligation, to, in its sole discretion, determine whether or not any Content is appropriate and complies with this Terms, refuse or remove this Content. The Company further reserves the right to make formatting and edits and change the manner any Content. The Company can also limit or revoke the use of Our Platform if You post such objectionable Content. As the Company cannot control all content posted by Users and/or third parties on Our Platform, You agree to use Our Platform at Your own risk. You understand that by using Our Platform You may be exposed to content that You may find offensive, indecent, incorrect or objectionable, and You agree that under no circumstances will the Company be liable in any way for any content, including any errors or omissions in any content, or any loss or damage of any kind incurred as a result of Your use of any content.

Content Backups

You agree that You will be solely responsible for taking regular backups of any Content You provide to Us or to Our Platform. We will not be held responsible for any loss or corruption of Your Content, and you hereby hold Us harmless in such event.

Anti-discrimination

We strive to make Our Platform a safe space for all people regardless of their identity. As such, We are strongly opposed to all forms of abuse, discrimination, rights infringement and/or any action that harms or disadvantages any group, individual or resource, and You agree You will therefore refrain from communications or uploading Content on Our Platform that would be reasonably classified as any of the aforementioned actions.

11. Copyright Policy

Intellectual Property Infringement

We respect the intellectual property rights of others. It is Our policy to respond to any claim that Content posted on Our Platform infringes a copyright or other intellectual property infringement of any person.

If You are a copyright owner, or authorised on behalf of one, and You believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through Our Platform, You must submit Your notice in writing to the attention of Our legal department via email at legal@sleepfriends.org and include in Your notice a detailed description of the alleged infringement.

You may be held accountable for damages (including costs and attorneys’ fees) for misrepresenting that any Content is infringing Your copyright.

Procedure for Copyright Infringement Claims

You may submit a notification of copyright infringement with the following information in writing:

An electronic or physical signature of the person authorised to act on behalf of the owner of the copyright’s interest.
A description of the copyrighted work that You claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work.
Identification of the URL or other specific location on Our Platform where the material that You claim is infringing is located.
Your address, telephone number, and email address.
A statement by You that You have a good faith belief that the disputed use is not authorised by the copyright owner, its agent, or the law.
A statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or authorised to act on the copyright owner’s behalf.

You can contact Our legal department via email at legal@sleepfriends.org . Upon receipt of a notification, the Company will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from Our Platform.

12. Intellectual Property

Our Platform and its original content (excluding Content provided by You or other Users), features and functionality are and will remain the exclusive property of the Company and its licensors.

Our intellectual property is protected

Our Platform is protected by copyright, trademark (registered and unregistered), patent, registered designs and other laws of both the United Kingdom and foreign countries.

Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.

You agree not to infringe in any way upon the following non-exhaustive list of Our intellectual property, including (but in no way limited to):

Any of Our trademarks (registered or unregistered)
Any of Our granted or pending patent(s)
Any of Our designs (registered or unregistered), including but in no way limited to designs in respect of any user interfaces used in Our Platform and/or on Our website

You agree to not engage in the impersonation of Our Platform or the Company, the representation of a significant business relationship with Our Platform or the Company, or ownership of any Our Platform property (including Our Platform and Our brand) for the purpose of fraudulently gaining service, custom, patronage or User trust.

Rights We grant You

You may download Our Platform to view, use and display Our Platform on Your mobile device for Your personal and non-commercial use only.

This constitutes the grant of a personal, worldwide, royalty-free, non-assignable, nonexclusive, revocable, and non-sublicensable license for You to access and use Our Platform, not a transfer of title. This license will automatically terminate if You violate any of these restrictions or these Terms and may be terminated by Us at any time.

You may not assign, transfer, sub-contract, or in any other manner make over to any third party the benefit and/or burden of the Terms.

13. Your responsibilities

Limitations of use

By using Our Platform or Our Website, You warrant that You will not:

modify, copy, prepare derivative works of, decompile, or reverse engineer Our Platform or any materials and software contained within Our Platform or on Our website;
remove any copyright or other proprietary notations from Our Platform or any materials and software contained within Our Platform or on Our website;
transfer Our Platform or any of its associated materials to another person or “mirror” the materials on any other server;
use, display, mirror or frame Our Platform, or any individual element within Our Platform, Our Platform’s name, any Our Platform trademark or logo or Our other proprietary information, or the layout and design of any page or form contained on a page on Our Platform, without Our express written consent;
knowingly or negligently use Our Platform or any of its associated services in a way that abuses or disrupts Our networks or any other service We provide;
probe, scan or test the vulnerability of Our Platform or any system or network (without obtaining written consent from Us first to do so);
use Our Platform or its associated services to transmit or publish any harassing, indecent, obscene, fraudulent, or unlawful material;
use Our Platform or its associated services in violation of any applicable laws or regulations;
use Our Platform to send unauthorised advertising or spam;
harvest, collect, gather or ‘data mine’ User data without the User’s consent;
use any robot, bot, spider, crawler, scraper, site search application, site retrieval application, mass downloader, proxy or other manual or automatic device, method or process to access, retrieve, index, ‘data mine’, or in any way reproduce or circumvent the navigational structure or presentation of Our Platform or its contents;
avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Our Platform or any of Our providers or any other third party (including another User) to protect Our Platform, including (but not limited to) mechanisms that prevention of promotion and advertising of social media accounts, and, the usage of bots;
use Our Platform or its associated services in such a way that may infringe the privacy, intellectual property rights, or other rights of third parties;
report, in bad faith, the content, communications or profiles of other Users;
encourage or promote any activity that violates the Terms and Conditions; or
use Our Platform or any content contained in Our Platform for any commercial purposes without Our written consent.

Fair usage

We will provide Our Platform with the assumption Your use will be “business as usual”, as per Our offer schedule. If Your use is considered to be excessive, then additional fees may be charged or capacity may be restricted.

Unethical, disrespectful, exploitative, and malicious activity

You agree to not use Our Platform for the purpose of advertising, transmitting or otherwise making available any software, program, product or service designed to violate this acceptable use policy, or the acceptable use policy of other service providers. This includes (but is in no way limited to) advertising or promoting social media or social platform accounts and usernames of any kind (such as but in no way limited to usernames, handles or URLs for Instagram, Snapchat, OnlyFans, Twitter or TikTok, and so forth), advertising or promoting adult content, adult services, ‘live cam’, live streaming services, or any third-party service or application of any kind.

You agree not to use Our Platform to grossly misrepresent who You are (such as through practices known as ‘catfishing’) to Sleepfriends.

You agree to not use Our Platform for the purpose offacilitating the means to send spam and the initiation of network sniffing, pinging, packet spoofing, flooding, mail-bombing and denial-of-service attacks.

You agree to not use Our Platform to access any account or electronic resource where the group or individual attempting to gain access does not own or is not authorised to access the resource (e.g. “hacking”, “cracking”, “phreaking”, etc.) without Our written consent.

You agree to not use Our Platform for the purpose of intentionally or recklessly introducing viruses or malicious code into Our Platform and Our systems.

You agree to not use Our Platform for purposely engaging in activities designed to harass another group or individual. Our definition of harassment includes but is not limited to denial-of-service attacks, hate-speech, advocacy of racial or ethnic intolerance, and any activity intended to threaten, abuse, infringe upon the rights of or discriminate against any group or individual.

Other activities considered unethical, exploitative and malicious which You agree to refrain from whilst using Our Platform include:

Obtaining (or attempting to obtain) services from us with the intent to avoid payment;
Using Our facilities to obtain (or attempt to obtain) services from another provider with the intent to avoid payment;
The unauthorised access, alteration or destruction (or any attempt thereof) of any information about Our customers or end-users, by any means or device;
Using Our facilities to interfere with the use of Our facilities and network by other customers or authorised individuals;
Publishing or transmitting any content or content links that incite violence, depict a violent act, depict child pornography, depict ‘revenge porn’ or threaten anyone’s health and safety;
Any act or omission in violation of consumer protection laws and regulations;
Attempting to coerce any User into committing a criminal act or any unethical, exploitative or malicious activity;
Any violation of a person’s privacy.

Our Platform may not be used by any person or entity, which is involved with or suspected of involvement in activities or causes relating to illegal gambling; terrorism; narcotics trafficking; sex trafficking; prostitution; pornography; arms trafficking or the proliferation, development, design, manufacture, production, stockpiling, or use of nuclear, chemical or biological weapons, weapons of mass destruction, or missiles; in each case including any affiliation with others whatsoever who support the above such activities or causes.

14. Automatic Updates

You give us permission to download and install updates to Our Platform on Your device in accordance with Your privacy preferences. This permission can be revoked at any time by deleting Our Platform from Your device.

15. Your Feedback to Us

You assign all rights, title and interest in any Feedback You provide the Company. If for any reason such assignment is ineffective, You agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.

16. Links to Other Websites

Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.

The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.

17. Termination

We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms.

Upon termination, Your right to use Our Platform will cease immediately. If You wish to delete Your Account, go to ‘Settings’ section of Our Platform and select ‘Delete my account’ and follow the on-screen instructions.

After Your account is deleted or You decide to later revoke Your acceptance of these Terms and Conditions, these Terms and Conditions will terminate, except that the following provisions will still apply to You and the Company: Section 4, Section 17, and Sections 18 through 28.

18. Notice regarding Apple

To the extent that You are using or accessing Our Platform on an iOS device, You acknowledge and agree to the terms of this clause. You acknowledge that these Terms and Conditions are between You and Our Platform Ltd only, not with Apple Inc. (Apple), and Apple is not responsible for Our Platform and any materials available in Our Platform.

Apple has no obligation to furnish You with any maintenance and support services with respect to Our Platform.

If Our Platform fails to conform to any applicable warranty, You may notify Apple and Apple will refund the purchase price of the mobile application to You. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to Our Platform and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Our responsibility.

Apple is not responsible for addressing any claims by You or any third party relating to Our Platform or Your use of Our Platform, including but not limited to (1) product liability claims; (2) any claim that Our mobile application fails to conform to any applicable legal or regulatory requirement; and (3) claims arising under consumer protection or similar legislation.

Apple is not responsible for the investigation, defence, settlement and discharge of any third-party claim that Our mobile application infringes that third party’s intellectual property rights.

You agree to comply with any applicable third-party terms when using Our Platform, including any Usage Rules set forth in the Apple App Store Agreement of Service.

Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms and Condition sand, upon Your acceptance of these Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms and Conditions against You as a third-party beneficiary of these Terms of Service.

You hereby represent and warrant that (1) You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (2) You are not listed on any U.S. Government list of prohibited or restricted parties.

19. Limitation of Liability / Indemnity

Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers (such as Sleepfriends) under any provision of these Terms and Your exclusive remedy for all of the foregoing shall be limited to the higher of the amount of fees actually paid by You through Our Platform or £40 GBP while You have an Account.

You agree that You will hold the Company and its Sleepfriends, directors, officers, advisors, investors, employees, workers, subcontractors, shareholders, agents, partners, suppliers, secretaries, accountants, affiliates, representatives and associates completely harmless in the event of:

any medical or psychological conditions incurred, triggered or made worse as a result of You using Our Platform or hiring one or more Sleepfriends;
any injury (emotional, psychological, moral, or otherwise) incurred by You caused by a Sleepfriend who You met or communicated with on or via Our Platform;
any network operator or internet service provider charges (including but not limited to roaming charges) as a result of You using Our Platform;
any personal information or data about You or Your use of Our Platform or Your credentials (such as phone numbers, usernames or passwords) made public knowledge (‘leaked’ or ‘doxxed’) as a result of any breaches in security such as by hackers, criminals, criminal organisations, cyber terrorists, cyber vandals, malicious Users, or any malicious or vexatious user, and so forth; or
any crime committed against You by a User who You met or communicated with on or via Our Platform.

You understand and agree that Our Platform, and any other information You learn from Our Platform are not intended, designed, or implied to diagnose, prevent, or treat any condition or disease, to ascertain the state of Your health, or to be a substitute for professional psychological, psychiatric or medical care or treatment.

Not all activities described on Our Platform are suitable for everyone. Do not use Our Platform or take sessions with Sleepfriends while driving, operating heavy machinery, or performing other tasks that require due care, attention and concentration, or any tasks which could be dangerous if you felt relaxed or sleepy whilst doing them. You understand and agree that You are solely responsible for Your use of Our Platform.

We may list or suggest professionals and service providers (such as coaches, therapists, psychologists, personal trainers, nutritionists and so forth) as well as recovery groups You can contact for support, however, You acknowledge and agree that You will contact or engage the aforementioned professionals or recovery groups entirely at Your own risk and sole discretion, and You agree to conduct Your own due diligence for such professionals and recovery groups before deciding to engage or contact them.

Likewise, We may list or suggest self-help resources and guided meditation audios, books and personal development courses. You acknowledge and agree that You will access, download or purchase such resources entirely at Your own risk and sole discretion.

Consequential damages

To the maximum extent permitted by applicable law, in no event shall the Company or its directors, officers, advisors, investors, employees, workers, subcontractors, shareholders, agents, partners, suppliers, secretaries, accountants, affiliates, representatives and associates be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use Our Platform, third-party software and/or third-party hardware used with Our Platform, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages.

Some states and countries do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party’s liability will be limited to the greatest extent permitted by law.

Indemnity

Your actions and use of Our Platform remain Your sole responsibility and accordingly You agree to indemnify, defend, release, and hold Us, and Our partners, licensors, affiliates, contractors, officers, directors, investors, employees, workers, subcontractors, accountants, secretaries, suppliers, representatives and agents, harmless, from and against any third party claims, damages (actual and/or consequential), actions, proceedings, demands, losses, liabilities, costs and expenses (including reasonable legal fees) suffered or reasonably incurred by Us arising as a result of, or in connection with:

any negligent acts, omissions or wilful misconduct by You;
Your access to and use of Our Platform;
the uploading or submission of Your content to Our Platform;
any breach of these Terms by You; and/or
Your violation of any law or of any rights of any third party.

We retain the exclusive right to settle, compromise and pay any and all claims or causes of action which are brought against us without Your prior consent. If We ask, You will co-operate fully and reasonably as required by Us in the defence of any relevant claim.

20. “AS IS” and “AS AVAILABLE” Disclaimer

Our Platform is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, shareholders, employees, workers, subcontractors, officers, advisors, investors, secretaries, accountants, representatives and suppliers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to Our Platform, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that Our Platform will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the company’s provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of Our Platform, or the information, content, and materials or products included thereon; (ii) that Our Platform will be uninterrupted, free of defects or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through Our Platform; or (iv) that Our Platform, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

21. Governing Law

Our Platform shall be deemed as being delivered from the United Kingdom for all intents and purposes.

The laws of the United Kingdom, excluding its conflicts of law rules, shall govern this Terms and Your use of Our Platform. Your use of Our Platform may also be subject to other local, state, national, or international laws.

22. Disputes Resolution

If You have any concern or dispute about Our Platform, or with a Sleepfriend, You agree to first try to resolve the dispute by contacting the Company. If this does not resolve the dispute, You agree that you will resolve the dispute with Us and/or the Sleepfriend via binding arbitration by an arbitrator appointed by Us.

23. For European Union (EU) Users

If You are a European Union consumer, You will benefit from any mandatory provisions of the law of the country in which You are resident in.

24. United States Legal Compliance

You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States or the United Kingdom government as a “terrorist supporting” country, and (ii) You are not listed on any United States or United Kingdom government list of prohibited or restricted parties.

25. Severability and Waiver

Severability

If any court or competent authority finds that any provision of these Terms and Conditions(or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision will, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these Terms and Conditions will not be affected.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms shall not effect a party’s ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.

26. Translation Interpretation

These Terms and Conditions may have been translated if We have made them available to You on Our Platform. You agree that the original English text shall prevail in the case of a dispute.

27. Changes to These Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material, We will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined entirely at Our sole discretion.

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, in whole or in part, You will immediately cease and desist using Our website and Our Platform.

28. Contact Information

If You have any questions about these Terms, You can contact Us:

By email: support@sleepfriends.org

By visiting this page on Our website: https://www.sleepfriends.org/support