READ THESE TERMS & CONDITIONS CAREFULLY BEFORE ACCESSING HUPNOS APPLICATION ANY HUPNOS SERVICES OR THIS WEBSITE. IF YOU DO NOT AGREE TO THESE TERMS & CONDITIONS YOU ARE NOT ALLOWED TO USE THE HUPNOS APPLICATION, ANY HUPNOS SERVICES AND THIS WEBSITE AND MUST LEAVE THIS WEBSITE, CEASE USING THE SERVICES AND THE HUPNOS APPLICATION IMMEDIATELY.
THIS AGREEMENT CONTAINS A BINDING INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER PROVISION IN THE "BINDING INDIVIDUAL ARBITRATION" SECTION THAT AFFECTS YOUR RIGHTS UNDER THIS AGREEMENT WITH RESPECT TO ANY "DISPUTE" (AS DEFINED BELOW) BETWEEN YOU AND HUPNOS, ITS AFFILIATES, PARENTS OR SUBSIDIARIES (COLLECTIVELY, "HUPNOS ENTITIES"). YOU HAVE A RIGHT TO OPT OUT OF THE BINDING ARBITRATION AND CLASS ACTION WAIVER PROVISIONS AS DESCRIBED IN THE "BINDING INDIVIDUAL ARBITRATION" SECTION.
TO ACCEPT THESE TERMS AND CREATE AN ACCOUNT, YOU MUST BE AN ADULT OF LEGAL AGE OF MAJORITY IN THE COUNTRY IN WHICH YOUR ACCOUNT IS REGISTERED. YOU ARE LEGALLY AND FINANCIALLY RESPONSIBLE FOR ALL ACTIONS ON YOUR ACCOUNT, INCLUDING THE ACTIONS OF CHILDREN AND ANYONE ELSE WITH ACCESS TO YOUR ACCOUNT.
These Terms & Conditions (the “Agreement”) sets forth the standards of use of Hupnos App mobile health application (the “Service”) provided to you by Hupnos, Inc. and company at Alamo, California. By using the Hupnos website https://hupnos.com or the Hupnos mobile health application you are agreed to the Agreement. If you do not agree to the Agreement, you should not install the App or if you have already installed it you should immediately cease all usage of the App. We reserve the right, at any time, to modify, alter, or update the Agreement without prior notice. Modifications shall become effective immediately upon being posted at our Website. Your continued use of the Service after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.
3. Changes to Terms or Services. We may update the Terms at any time, in our sole discretion. If we do so, we'll let you know either by posting the updated Terms on the Site or through other communications. It's important that you review the Terms whenever we update them because if you continue to use the Services after we have posted updated Terms on the App, you are indicating to us that you agree to be bound by the updated Terms. If you don't agree to be bound by the modified Terms, then, except as otherwise provided in "Effect of Changes on Arbitration" section below, you may not use the Services anymore. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.
4. Health-Related Content. Hupnos is a sleep mask and iPhone application that reduces snoring. Hupnos monitors your position and listens for snoring. Depending on your preferences, Hupnos will gently vibrate so you move positions or will change your exhalation pressure so you stop snoring. Analyze and track your sleep results and find which factors hurt and which remedies help you to sleep perfectly.
Who May Use the Services?
- Eligibility. You may use the Services only if you are 18 years of age or older, capable of forming a binding contract with Hupnos, and are not barred from using the Services under applicable law.
- Registration and Your Information. If you want to use certain features of the Services you'll have to create an account with us ("Account").
- Accuracy of Account Information. It's important that you provide us with accurate, complete and up-to-date information for your Account and you agree to update such information to keep it accurate, complete and up-to-date. If you don't, we might have to suspend or terminate your Account. You agree that you won't disclose your Account password to anyone and you'll notify us immediately of any unauthorized use of your Account. You're responsible for all activities that occur under your Account, whether or not you know about them.
- Feedback. We welcome feedback, comments and suggestions for improvements to the Services ("Feedback"). You can submit Feedback by emailing us at email@example.com. You grant to us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub licensable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.
- Content and Content Rights. For purposes of these Terms: (a) "Content" means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Services; and (b) "User Content" means any Content that Account holders (including you) provide to be made available through the Services. Content includes without limitation User Content.
- Content Ownership, Responsibility, and Removal. Hupnos does not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit your User Content. Subject to the foregoing, Hupnos and its licensors exclusively own all right, title and interest in and to the Services and Content, including all associated intellectual property rights. You acknowledge that the Services and Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or Content.
- Rights in User Content Granted By You. By making any User Content available through Services you hereby grant to Hupnos a non-exclusive, transferable, sub licensable, worldwide, royalty-free license to use, copy, modify, create derivative works based upon, distribute, publicly display, publicly perform and distribute your User Content in connection with operating and providing the Services and Content to you and to other Account holders.
- Responsibility for User Content. You are solely responsible for all your User Content. You represent and warrant that you own all your User Content or you have all rights that are necessary to grant us the license rights in your User Content under these Terms. You also represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Services, nor any use of your User Content by Hupnos on or through the Services will infringe, misappropriate or violate a third party's intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
- Rights and Terms for App. Subject to your compliance with these Terms, Hupnos grants you a limited non-exclusive, non-transferable, non-sub licensable license to download and install a copy of the App on a mobile device or computer that you own or control and to run such copy of the App solely for your own personal non-commercial purposes. You may not copy the App, except for making a reasonable number of copies for backup or archival purposes. Except as expressly permitted in these Terms, you may not: (a) copy, modify or create derivative works based on the App; (b) distribute, transfer, sublicense, lease, lend or rent the App to any third party; (c) reverse engineer, decompile or disassemble the App; or (d) make the functionality of the App available to multiple users through any means. Hupnos reserves all rights in and to the App not expressly granted to you under these Terms.
General Prohibitions and Simple Habit's Enforcement Rights. You agree not to do any of the following:
- Post, upload, publish, submit or transmit any Content that: (a) infringes, misappropriates or violates a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (b) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (c) is fraudulent, false, misleading or deceptive; (d) is defamatory, obscene, pornographic, vulgar or offensive; (e) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (f) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (g) promotes illegal or harmful activities or substances.
- Use, display, mirror or frame the Services or any individual element within the Services, Hupnos name, any Hupnos trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Hupnos’s express written consent.
- Access, tamper with, or use non-public areas of the Services, Hupnos computer systems, or the technical delivery systems of Hupnos providers.
- Attempt to probe, scan or test the vulnerability of any Hupnos system or network or breach any security or authentication measures.
- Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Hupnos or any of Hupnos providers or any other third party (including another user) to protect the Services or Content.
Attempt to access or search the Services or Content or download Content from the Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Hupnos or other generally available third-party web browsers;
- Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;Use any meta tags or other hidden text or metadata utilizing a Hupnos trademark, logo URL or product name without Hupnos express written consent;
- Use the Services or Content, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms;
- Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services or Content to send altered, deceptive or false source-identifying information;
- Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services or Content;
- Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
- Collect or store any personally identifiable information from the Services from other users of the Services without their express permission;
- Impersonate or misrepresent your affiliation with any person or entity;
- Violate any applicable law or regulation; or
- Encourage or enable any other individual to do any of the foregoing.
Although we're not obligated to monitor access to or use of the Services or Content or to review or edit any Content, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any Content to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
DMCA/Copyright Policy. Hupnos respects copyright law and expects its users to do the same. It is Hupnos policy to terminate in appropriate circumstances Account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.
Links to Third Party Websites or Resources. The Services and App may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products or services on or available from those websites or resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party websites or resources.
- Termination. We may terminate your access to and use of the Services, at our sole discretion, at any time and without notice to you. You may cancel your Account at any time by sending an email to us at firstname.lastname@example.org. Upon any termination, discontinuation or cancellation of Services or your Account, all provisions of these Terms which by their nature should survive will survive, including, without limitation, the sections on Feedback, Content, Ownership, Responsibility and Removal, Warranty Disclaimers, Indemnity, Limitation of Liability, Governing Law, Dispute Resolution, General Terms and this section of Termination.
- Warranty Disclaimers. THE SERVICES AND CONTENT ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, HEALTH FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND ANY IMPLIED WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any Content.
- Limitation of Liability. NEITHER HUPNOS NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES OR CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT HUPNOS OR ANY OTHER PARTY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
- Governing Law and Forum Choice. These Terms and any action related thereto will be governed by the Federal Arbitration Act, federal arbitration law, and the laws of the State of California, without regard to its conflict of laws provisions. Except as otherwise expressly set forth in Section 15 "Dispute Resolution for Consumers," the exclusive jurisdiction for all Disputes (defined below) that you and Hupnos are not required to arbitrate will be the state and federal courts located in the Northern District of California, and you and Hupnos each waive any objection to jurisdiction and venue in such courts.
- Notice of Dispute. IF YOU HAVE A DISPUTE WITH ANY HUPNOS ENTITY, YOU MUST SEND NOTICE TO email@example.com, ALAMO, CALIFORNIA, ATTN: LEGAL DEPARTMENT/ARBITRATION, ATTN: LEGAL DEPARTMENT: DISPUTE RESOLUTION, TO GIVE THE HUPNOS ENTITY YOU HAVE A DISPUTE WITH THE OPPORTUNITY TO RESOLVE THE DISPUTE INFORMALLY THROUGH NEGOTIATION. You agree to negotiate resolution of the Dispute in good faith for no less than 60 days after you provide notice of the Dispute. If the Hupnos Entity you have a Dispute with does not resolve your Dispute within 60 days from receipt of notice of the Dispute, you or the Hupnos Entity you have a Dispute with may pursue your claim in arbitration pursuant to the terms in this section.
- Coupon Codes and Promotions. Coupons are valid for a limited time only. Hupnos reserves the right to modify or cancel coupons at any time. Promotions are limited to one coupon per customer. If you return any of the items purchased with a coupon, the coupon discount or value may be subtracted from the return credit. Applicable shipping and handling charges apply to all products. Offer good while supplies last. Void where prohibited. Hupnos has no obligation for payment of any tax in conjunction with the distribution or use of any coupon. Consumer is required to pay any applicable sales tax related to the use of the coupon. Coupons are void if restricted or prohibited by law.
- Entire Agreement. These Terms constitute the entire and exclusive understanding and agreement between Hupnos and you regarding the Services and Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Hupnos and you regarding the Services and Content. If any provision of these Terms is held invalid or unenforceable by an arbitrator or a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. You may not assign or transfer these Terms, by operation of law or otherwise, without Hupnos prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. Hupnos may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
- Notices. Any notices or other communications provided by Hupnos under these Terms, including those regarding modifications to these Terms, will be given: (i) via email; or (ii) by posting to the Services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
- Waiver of Rights. Hupnos failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Hupnos. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
Contact Information. If you have any questions about these Terms or the Services, please contact Hupnos at firstname.lastname@example.org, Alamo, California.