1, TERMS OF SERVICE
TERMS OF SERVICE
Welcome to SleepSmartz (the “Service” or “Application”). The Application is owned and operated by Spiritual Sleep Therapy, LLC (dba “SleepSmartz”). You may use the services, content, technologies and Application on the condition that you comply with the following terms and conditions (the “Site Terms”) governing your use of the Application.
PLEASE READ ALL OF 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.
SleepSmartz may, at any time and in its sole discretion, amend, modify, delete or add (collectively “Amendments”) to the Terms. Your use of the Application after any such Amendments have been made or posted constitutes your agreement with and acceptance of such Amendments. Each time you access the Application, you reaffirm your acceptance of the Site Terms and any Amendments thereto. You are responsible for regularly reviewing the Site Terms.
1. Subscriptions - There is no subscription required at this time.
2. Intellectual Property Rights
All information, materials, images, graphics, video, audio, software, photographs, articles, functions, text and other content contained, displayed or reflected on the Application (collectively, “Application Content”) and all copyrights, trademarks, and other intellectual property rights in or relating to the Application Content, are the exclusive property of SleepSmartz, its licensors or content providers or other third parties. The Application and the Application Content, including the selection and arrangement of the Application Content, is owned by SleepSmartz and protected as a compilation under the copyright laws of the United States and other countries. Nothing herein or on the Application shall be construed as granting, by implication, estoppel, or otherwise, any license, right or permission to use any of the Application Content without SleepSmartz’s prior written permission. You agree that, without prior, written authorization from SleepSmartz, you may not and will not copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works from, transmit or in any way exploit any part of the Application Content, except as permitted herein and under Section 107 of the United States Copyright Act of 1976, as amended, 17 U.S.C. §107.
The SleepSmartz name and marks, and unless otherwise noted all other trademarks, service marks, trade names, and logos displayed on the Application, are the trademarks, service marks and/or trade names of SleepSmartz. Nothing herein or on the Application shall be construed as granting, by implication, estoppel, or otherwise, any license, right or permission to use any trademark, trade name, logo or service mark displayed on the Application without the owner’s prior written permission. Unauthorized use of the SleepSmartz name and mark, or any other trademark, service mark or trade name displayed on the Application is strictly prohibited.
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 SleepSmartz. SleepSmartz reserves all rights not expressly granted in and to the Application and the Content.
3. User Submissions to the Website
The Service may offer you the opportunity to post and/or submit information, materials, images, graphics, video, audio, software, photographs, articles, text, feedback and/or other content (“User Content”) on or to the Website. By posting or submitting any User Content (regardless of the form or medium of the post or submission), you are giving SleepSmartz, and its affiliates, agents and third party contractors the unrestricted, royalty-free, perpetual and irrevocable right to reproduce, adapt, display, publish, distribute or modify such User Content throughout the world in any and all media and formats, whether now or hereafter developed, for any purpose whatsoever, without payment, credit or acknowledgement of source.
With respect to any User Content submitted by you to any SleepSmartz forum, you hereby represent and warrant to SleepSmartz that you are legally capable to enter into contracts, that you are authorized to post or submit the User Content and that the User Content and your submission of the User Content does not violate or infringe the copyright, trademark, patent, publicity, privacy or other proprietary right of any third party. You further agree that you will not: (I) submit or publish falsehoods or misrepresentations that could damage SleepSmartz or any third party; (II) submit User Content that is unlawful, obscene, profane, defamatory, libelous, threatening, pornographic, hateful, abusive, harassing, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iii) submit or publish documents or information that is the confidential or proprietary documents or information of any third party; or (iv) post advertisements or solicitations of business. SleepSmartz reserves the right to remove, delete or refrain from publishing any User Content submitted by you without prior notice to you.
You agree that you will be solely responsible and liable for, and will indemnify SleepSmartz and its officers, directors, employees and agents (“Released Parties”) from and against any losses, expenses, liabilities, claims, costs, and damages (“Claims”) arising from your submission of User Content, including, but not limited to, any Claims arising out of breach of the Site Terms or any Claims for infringement of copyright, trademark, patent or other proprietary rights.
4. Future Content or Functionality
You agree that your purchases are not contingent on the delivery of any future content, functionality or features, or dependent on any oral or written public comments made by SleepSmartz regarding future content, functionality or features.
5. SleepSmartz May Discontinue or Suspend the Application
SleepSmartz 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 SleepSmartz 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.
6. 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. SleepSmartz does not warrant or represent that access to the Application will be uninterrupted, or that the Application Content will be free from error. SleepSmartz 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 SleepSmartz 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 SleepSmartz, or any person or entity involved with SleepSmartz. People with existing mental health conditions should speak with their health care providers before starting a meditation practice. SleepSmartz is not responsible for any actions or inaction on your part based on the information provided on the Application.
THE PLATFORM, INCLUDING, WITHOUT LIMITATION, THE WEBSITE, THE APPS AND ALL CONTENT AND SERVICES ACCESSED THROUGH OR VIA THE WEBSITE, THE APPS, THE SERVICES OR OTHERWISE, ARE PROVIDED “AS IS”, “AS AVAILABLE”, AND “WITH ALL FAULTS”. USER ACKNOWLEDGES THAT CONTENT DELIVERED VIA STREAMING AUDIO OR VIDEO MAY BE INTERRUPTED BY SERVICE OUTAGES, POOR QUALITY WIFI OR DATA SERVICES, OR OTHER POSSIBLE CAUSES. USER ACKNOWLEDGES THAT SLEEPSMARTZ IS NOT RESPONSIBLE FOR CONTENT DELIVERY INTERRUPTIONS DUE TO THIRD PARTY SERVICE FAILURES.
WHILE SLEEPSMARTZ USES REASONABLE MEASURES TO CORRECT ANY ERRORS OR OMISSIONS IN THE PLATFORM ONCE THEY HAVE BEEN BROUGHT TO SLEEPSMARTZ’S ATTENTION, SLEEPSMARTZ MAKES NO PROMISES, GUARANTEES, REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER (EXPRESS OR IMPLIED) REGARDING THE WEBSITE, THE APPS, THE SERVICES OR ANY PART OR PARTS THEREOF, ANY CONTENT, OR ANY LINKED SERVICES OR OTHER EXTERNAL SERVICES. SLEEPSMARTZ DOES NOT WARRANT THAT YOUR USE OF THE PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE PLATFORM OR ANY PART OR PARTS THEREOF, THE CONTENT, OR THE SERVERS ON WHICH THE PLATFORM OPERATES ARE OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SLEEPSMARTZ DOES NOT WARRANT THAT ANY TRANSMISSION OF CONTENT UPLOADED TO THE PLATFORM WILL BE SECURE OR THAT ANY ELEMENTS OF THE PLATFORM DESIGNED TO PREVENT UNAUTHORIZED ACCESS, SHARING OR DOWNLOAD OF CONTENT WILL BE EFFECTIVE IN ANY AND ALL CASES.
SLEEPSMARTZ 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, SLEEPSMARTZ’S LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW IN THAT JURISDICTION.
7. Third Party Content
The Service may include content supplied by third parties (“Third Party Content”). Any opinions, advice, statements, offers or other information or content contained in such Third Party Content are those of the respective author(s) and not of SleepSmartz. SleepSmartz does not undertake or assume any obligation to monitor Third Party Content, does not guarantee or endorse the accuracy, completeness or reliability of any Third Party Content, and assumes no responsibility or liability that may arise from any Third Party Content thereof, including, but not limited to, claims for defamation, libel, slander, infringement, invasion of privacy and publicity rights, obscenity, pornography, profanity, fraud, or misrepresentation.
8. Indemnification of SleepSmartz For Any Violation of Site Terms
You agree to indemnify and hold harmless SleepSmartz and its affiliates, and their respective members, directors, officers, managers, employees, shareholders, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation by you of these Site Terms or any breach by you of your representations and warranties hereunder. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this section. In such event, you shall provide us with such cooperation as is reasonably requested by us.
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.
10. 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 SleepSmartz and you relating to the subject matter contained herein.
11. 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, for any reason, by emailing firstname.lastname@example.org. If you cancel your membership before the end of the applicable subscription period, your account will be cancelled as of the end of that subscription period. You will not receive a refund for the fees you already paid for your current subscription period and you will continue to receive the Services ordered until the end of your current Subscription period.
SleepSmartz 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 SleepSmartz 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 and settings. Unless we have exercised our right to terminate your account, you can re-activate your account at any time by contacting us.
12. Choice of Law / Jurisdiction
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 Oklahoma, without regard to conflict of laws principles. You consent to personal jurisdiction and venue in the state and federal courts located in Oklahoma City, OK, 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 at: email@example.com.
Your privacy is critically important to us. At SleepSmartz ("SSz"), "we", "us", "our"), we have a few fundamental principles:
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[Complete company name], [complete address], operates the Application and is the controller of any personal data collected or otherwise processed on or through the Application. [Complete company name]'s representative in the EU is [complete (company) name and address of EU representative]. [Note: Last sentence to be deleted if controller is an entity located in the EU/EEA.]
We process your personal data on several different legal bases, as follows:
[Note: In this section EU data protection authorities will likely prefer more specificity as to what data categories exactly are processed based on the different justifications and for what purposes. The following paragraphs should be amended accordingly.]
1. Based on necessity to enter into or perform a contract with you - we need to process your personal data to enter into an agreement with you to perform contractual obligations, to respond to related questions and requests from you, or provide customer support. [Note: To be deleted if not relevant regarding the Application.]
2. Based on legitimate interests - we process personal data from you
3. Based on compliance with legal obligations - we may need to process your personal data to comply with relevant laws, regulatory requirements and to respond to lawful requests, court orders, and legal process;
4. Based on your prior consent - we process personal data from you
|Name and Provider of Solution||Personal Data Processed by Solution||Purpose of Solution||Retention Period Applicable to Personal Data ||Your Choice Regarding the Solution|
|[Description of Bizness Apps proprietory analytics solution]||Information on your use of the Application, including, without limitation, your IP address, when you started and stopped using it, your location, the app used, your device information, and which app "tabs" you used.||Evaluating your use of the Application, compiling reports on user activity for us and providing other services relating to user activity and Application usage to us||Until your consent is withdrawn. You are free to withdraw your consent at any time with future effect.||You can prevent future analysis of your use of the Application by deactivating the solution in the Application's settings page.|
Cookies Used in the Application
The cookies we use can be categorized as follows:
Strictly Necessary Cookies
These are cookies that are required for the operation of the Application or of certain parts thereof. They either serve the sole purpose of carrying out network transmissions or are strictly necessary in order for us to provide an online service explicitly requested by you.
These cookies allow us to carry out analytics or other forms of audience measuring such as seeing how users move around the Application. This helps us to improve the way the Application works, for example, by ensuring that users are easily finding what they are looking for.
The following cookies are used in the Application:
Who Places the Cookie?
When Is Cookie Enabled/Does It Expire?
Loads when session begins. Expires after 24 months.
To provide behavioral advertising in the Application using Google Ads
When session begins; 24 hours later
Linking PWA user to his/her app and data.
When session begins; 24 hours later
Stores data in-between pages, e.g. partial food ordering
When session begins; 24 hours later
Enable "back" button functionality
Strictly Necessary, and Analytics
When session begins; 48 hours later
Identify user anonymously/uniquely, for e.g. keeping track of a food order on the server side. (duih is a hash of device_user_id). Also used to track usage for custom analytics.
When session begins ; never
Show the correct device-local time of events, food ordering times, etc
When session begins; never
(PWA) Used to store the device_user_id/duih on the device's local storage, so that the device can continue to be identified as the same each time the app opens.
Marketing Communications to You
When creating a user account or when using the [description] functionality of the Application, you can register to receive newsletters or similar information on our products or services or the products or services of our affiliated companies. As part of the registration process, we ask you to provide us with certain information. Such information may include your first and last name, your email address, your birthday, your zip/postal code and/or your phone number. Providing any information other than your email address is optional to you when registering to receive newsletters.
When receiving a registration, we log and store the date/time of registration and a unique identifier such as the IP address the registration was received from. This solely serves evidentiary purposes in case your contact detailed are used by an unauthorized party.
When registering to receive newsletters or similar information in the Application, you need to explicitly declare your consent in our processing of your personal data for this purpose. You are under no obligation to provide such consent and, if you choose to do so nonetheless, you may withdraw your consent at any time with future effect for any or no reason by following the unsubscribe link contained in any email communication to you or by sending us an email at firstname.lastname@example.org.
In the following circumstances, we disclose your personal data to the following third parties, as required or permitted by applicable law:
Who Is your Personal Data Disclosed To?
What Is the Purpose Underlying the Disclosure?
Companies affiliated with us, including:
[company name and address of affiliated companies receiving or having access to Application data]
Third-party suppliers and service providers including:
|To assist us in the operation or improvement of the Application and to enhance our products and services.|
|To other third parties in line with applicable legal requirements (where applicable)||To comply with legal obligations that we are subject to.|
[Note: Statements to be adjusted as necessary in light of where the controller and its affiliates and third-party service providers with access to Application data are located.]
Certain of our affiliated companies and third-party service providers are located outside the EU/EEA in jurisdictions that are not subject to an unqualified adequacy decision by the EU Commission finding them to provide an adequate level of protection of personal data, i.e. a level of protection of fundamental rights and freedoms that is essentially equivalent to that guaranteed within the EU.
However, to ensure an adequate level of protection of your personal data, we enter into data processing and data transfer agreements with our affiliated companies and third-party service providers outside of the EU/EEA that incorporate the provisions of the Standard Contractual Clauses approved by the EU Commission or implement other appropriate safeguards with them. You can ask for a copy of such appropriate safeguards by contacting [designated recipient] at [contact details].
[Note: To be confirmed by the controller whether the statements contained in this paragraph are correct and complete.]
We have implemented appropriate retention periods for your personal data collected or otherwise processed on or through the Application as set forth in our records management policy. Personal data processed in the context of a contract with you will be retained by us for the term of the contract and for a reasonable time afterwards as might be required to determine and settle any related claims. Where our processing of your personal data is based on legitimate interests or the compliance with legal obligations, it will be deleted as soon as the underlying purpose has expired. Personal data processed based on your consent will be deleted if and when you withdraw such consent.
Subject to the conditions set out in the applicable law, you have, without limitation, the rights to (i) inquire whether and what kind of personal data we hold about you and how it is processed, and to access or request copies of such personal data, (ii) request the correction or supplementation of personal data about you that is inaccurate, incomplete or out-of-date in light of the purposes underlying the processing, or to (iii) obtain the erasure of personal data no longer necessary for the purposes underlying the processing, processed based on withdrawn consent, processed for legitimate interests that, in the context of your objection, do not prove to be compelling, or processed in non-compliance with applicable legal requirements. In addition, you have, subject to the conditions set out in the applicable law and without limitation, the rights to (iv) request us to restrict the processing of personal data in certain situations where you feel its processing is inappropriate, (v) object, in certain circumstances, to the processing of personal data for legitimate interests, and to (vi) request portability of personal data that you have actively or passively provided to us (which does not include data derived or inferred from the collected data), where the processing of such personal Data is based on consent or a contract with you and is carried out by automated means. In case of concerns, you also have the right to lodge a complaint with the competent local data protection authority.
You may exercise the above mentioned rights of access, rectification, erasure, restriction, objection and data portability by contacting us under email@example.com, even to the extent that such claims relate to the processing of personal data by one or more of the data recipients identified in this privacy statement.
Your use of the Application and your provision of personal data to us in the process is purely voluntary on your part. Subject to your sole discretion, you can, at any point, stop to use the Application or, where applicable, opt out of certain data processing operations while using the Application as described in this Supplemental Statement. An exception applies if an to the extent that you want to enter into or perform a contract with us on or through the Application. In this event, providing us with your related personal information is necessary for us to be able to enter into the contract with or provide any contractual services to you.
This Supplemental Statement is effective [effective date]. We may make changes, including material changes, to this Supplemental Statement from time to time and subject to our sole discretion. You should review the Supplemental Statement each time you use the Application to learn of any changes.
If you have questions about this Supplemental Statement, please contact us at [contact details].